TABUNG ANGKATAN TENTERA ACT 1973

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 101 TABUNG ANGKATAN TENTERA ACT 1973 As at 1 November 2022 This text is ONLY AN UPDATED TEXT of the Tabung Angkatan Tentera Act 1973 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 TABUNG ANGKATAN TENTERA ACT 1973 Date of Royal Assent … … ... 20 March 1973 Date of publication in the Gazette … … ... 22 March 1973 … … ... 1 November 2022 Latest amendment made by Act A1668 which came into operation on PREVIOUS REPRINTS First Reprint … … … … 1994 Second Reprint … … … … 2000 Third Reprint … … … … 2006 Fourth Reprint … … … … 2018 3 LAWS OF MALAYSIA Act 101 TABUNG ANGKATAN TENTERA ACT 1973 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II ESTABLISHMENT OF THE TABUNG ANGKATAN TENTERA 3. The Tabung and its objects 3A. (Deleted) 4. Establishment and incorporation of Lembaga Tabung 5. Functions of the Lembaga and establishment of committees by the Lembaga 6. Establishment of an Investment Panel 7. Power of Minister in relation to the Lembaga 8. Duties and responsibilities of members, etc. 9. Contribution of servicemen 9A. Contribution of officers 10. Voluntary contributions to the Tabung 11. Declaration of profit 12. Withdrawals 12A. Lembaga to determine terms and conditions of withdrawal, etc. 13. Contributions not to be assigned or attached, etc. 4 Laws of Malaysia ACT 101 Section 14. Power to borrow 15. Investment by Lembaga 15A. Establishment of death and disablement benefits scheme 15B. Minister may suspend, vary or discontinue death and disablement benefits scheme 15C. Unit trust benefit 15D. Establishment of veteran annuity scheme 16. Annual estimates 17. Accounts and audit 18. Annual report PART III GENERAL 19. Appointment of Chief Executive, Deputy Chief Executive and officers and servants of the Lembaga 20. Members, officers and servants to be deemed public servants 21. Application of Public Authorities Protection Act 1948 22. Power of Lembaga to make regulations 22A. Power of Lembaga to make regulations relating to conduct and discipline 22B. Surcharge 23. Lembaga may establish corporation 24. Lembaga may incorporate company 25. Provision for advancement from Federal Consolidated Fund FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 5 LAWS OF MALAYSIA Act 101 TABUNG ANGKATAN TENTERA ACT 1973 An Act to provide for the establishment of a fund to be known as the Tabung Angkatan Tentera for the primary purposes of providing superannuation and other benefits for contributors, and for the ancillary purposes of promoting the socio-economic development and welfare of, and providing other benefits for, retiring and retired personnel of the regular forces of Malaysia and designated members of the volunteer forces. [1 August 1972] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in the Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Tabung Angkatan Tentera Act 1973. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— 6 Laws of Malaysia ACT 101 “ancillary benefits”, in relation to designated members of the volunteer forces, means socio-economic development or welfare programmes, activities or benefits or other benefits provided for such members; “company” means a company incorporated under the Companies Act 2016 [Act 777], a trust company registered under the Trust Companies Act 1949 [Act 100] or any company incorporated under any written law of a foreign jurisdiction; “contributor” means a person who is contributing to the Tabung and includes a person who has ceased to contribute but has not withdrawn his whole contribution from that Tabung; “corporation” means a corporation established under section 23; “designated members of the volunteer forces” means those mobilised members of the volunteer forces who on or after 1 August 1972 have served for a period of nine consecutive years and who are eligible, subject to such conditions as are imposed in any regulation relating to the ancillary benefits, to be considered for such ancillary benefits under this Act or any regulation made under this Act; “Investment Panel” means the Investment Panel established under section 6; “Lembaga” means the Lembaga Tabung Angkatan Tentera established under section 4; “mobilised members of the volunteer forces” means those members of the volunteer forces who— (a) are or have been called out for full time service under section 202 of the Armed Forces Act 1972 [Act 77]; or (b) are or have been attached to the regular forces under subsection 201(3) of the Armed Forces Act 1972; “pension” means a pension granted under any written law providing for pension for members of the regular forces of Malaysia; “retired personnel” means an officer or a serviceman who has retired or has been discharged or who has terminated or completed his services with the regular forces of Malaysia; Tabung Angkatan Tentera 7 “retiring personnel” means an officer or a serviceman who is about to retire or is about to be discharged or whose services with the regular forces of Malaysia is about to be terminated or completed; “serviceman” means any person, other than an officer, who is enlisted in the regular forces of Malaysia; “Tabung” means the Tabung Angkatan Tentera established under section 3; “unit trust benefit” means the benefit provided for in section 15C; “veteran annuity scheme” means the scheme established under section 15D for the payments of annuities; “volunteer forces” has the meaning assigned to it in section 2 of the Armed Forces Act 1972 and includes the armed forces raised under the Territorial Army Ordinance 1958 [Ord. 52 of 1958], the *Naval Volunteer Reserve Ordinance 1958 [Ord. 55 of 1958] and the *Air Force Volunteer Reserve Ordinance 1958 [Ord. 58 of 1958] and deemed to be raised under the Armed Forces Act 1972. PART II ESTABLISHMENT OF THE TABUNG ANGKATAN TENTERA The Tabung and its objects 3. (1) There is established a fund to be known as the “Tabung Angkatan Tentera” (hereinafter referred to as the “Tabung”) for the following purposes: (a) the primary purposes of providing superannuation and other benefits including benefits under the scheme established under section 15A, to persons specified under paragraph (3)(a), and the veteran annuity scheme for the benefit of the persons specified under paragraph (3)(aa); and ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯  NOTE—These Ordinances have been repealed by the Armed Forces Act 1972 [Act 77]. 8 Laws of Malaysia (b) ACT 101 the ancillary purposes of promoting the socio-economic development and welfare of persons specified under paragraph (3)(b). (1A) The following shall be paid into the Tabung: (a) all contributions made as hereinafter provided and such other sums as are directed by this Act to be paid into the Tabung; (b) all moneys earned from investment or by the operation of any project, agency, scheme or enterprise financed from the Tabung and the Reserve Fund established under section 11; (bb) an annual grant from the Federal Consolidated Fund for the ancillary purposes and matters related thereto under paragraph (1)(b); (c) all grants, donations, endowment, gifts, loans, contributions and bequests made to or in favour of the Tabung; (d) all sums from time to time falling due to the Tabung in respect of payments of any loan made from the Tabung and the interest payable in respect of any such loan; (e) moneys earned or arising from any property, investment, mortgages, charges or debentures acquired by or vested in the Tabung; (f) all other sums which may in any manner become payable to or vested in the Tabung in respect of any matter incidental to its powers and duties. (2) The Tabung may be applied for— (a) withdrawals of deposits with such profits as may be decided by the Lembaga in accordance with the provisions of this Act; (aa) the purchase of units in any unit trust schemes for the benefit of and to be allocated to contributors and the Tabung Angkatan Tentera 9 administrative costs and other costs relating to the unit trust benefit as determined by the Lembaga; (b) repayments and interests on borrowings and such other outgoings and expenditure as may be permitted by this Act or any regulations thereunder to be paid out of the Tabung; (ba) payments of death and disablement benefits pursuant to the scheme; (bb) payments of annuities pursuant to the veteran annuity scheme; (bc) the socio-economic activities, welfare programmes and any other activities and benefits which would advance the socio-economic conditions of any retiring personnel or retired personnel or of any designated members of the volunteer forces, including loans to such persons; (bd) defraying the expenditure incurred by the Lembaga or any other body including a corporation established under section 23, charged with the responsibility of undertaking the activities, programmes or benefits mentioned in paragraph (bc); (c) administrative expenses including salaries and termination benefits; (d) other expenses incidental to the management of the Tabung and the functions of the Lembaga including any moneys required to satisfy any judgment, decision or award against the Lembaga, Chairman, any member of the Lembaga, the Investment Panel, any member of the Investment Panel, officer, servant or agent of the Lembaga, by any court or tribunal, in respect of any act, neglect or default done or committed by him in such capacity. (3) For the purpose of this section— (a) superannuation and other benefits including benefits under the scheme established under section 15A shall be given to— (i) servicemen; 10 Laws of Malaysia ACT 101 (iA) officers who contribute to the Tabung; (ii) other members of the regular forces of Malaysia who contribute to the Tabung; and (iii) mobilised members of the volunteer forces who contribute to the Tabung; (aa) benefits under the veteran annuity scheme shall be given to the servicemen referred to in paragraph 15D(1)(a) and officers referred to in paragraph 15D(1)(b); and (b) ancillary benefits shall be given to— (i) retiring personnel or retired personnel of the regular forces of Malaysia; or (ii) designated members of the volunteer forces, as may be determined by the Lembaga. (4) The Lembaga may only apply such moneys from the Tabung for the purposes mentioned in paragraph (1)(b), (2)(bc) and (bd) where the Lembaga has applied the moneys referred to in paragraph (1A)(bb) and where there are sufficient funds to discharge its obligations under section 11. 3A. (Deleted by Act A929). Establishment and incorporation of Lembaga Tabung 4. (1) For the purpose of managing and maintaining the Tabung there is established a body corporate by the name of “Lembaga Tabung” (hereinafter referred to as “the Lembaga”) with perpetual succession. (2) The Lembaga shall have a common seal and may sue and be sued in its name and, subject to and for the purposes of this Act, may enter into contracts and acquire, purchase, take, hold and possess movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of or deal with any movable or Tabung Angkatan Tentera 11 immovable property or any interest vested in the Lembaga upon such terms as the Lembaga may think fit. (3) The Lembaga shall consist of— (a) a Chairman who shall be the Secretary General of the Ministry of Defence