TABUNG HAJI ACT 1995

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 535 TABUNG HAJI ACT 1995 As at 1 December 2011 2 TABUNG HAJI ACT 1995 ... ... ... … … 7 February 1995 Date of publication in the Gazette ... … … 16 February1995 Date of Royal Assent PREVIOUS REPRINTS First Reprint … … … … … 2002 Second Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 535 TABUNG HAJI ACT 1995 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II LEMBAGA TABUNG HAJI 3. Establishment of Lembaga Tabung Haji 4. Functions of the Lembaga 5. Common seal of the Lembaga 6. Membership of the Lembaga 7. Remuneration 8. Meetings of the Lembaga 9. Disclosure of interest in transactions with the Lembaga 10. Power of Minister to give directions and require information 11. Committees PART III OFFICERS, SERVANTS AND AGENTS OF THE LEMBAGA 12. Chief Executive Officer 4 Laws of Malaysia ACT 535 Section 13. Appointment of officers, servants, agents, advisers, etc. 14. Power to make regulations in respect of conditions of service and discipline PART IV FINANCE 15. Fund 16. Deposits 17. Financing or financial assistance 18. Borrowing powers 19. Regulations in relation to deposits and withdrawals 20. Investment of Fund 21. Reserve Fund 22. Declaration of distributable profit 23. Unclaimed moneys 24. Government’s guarantee of payments 25. Annual estimates 26. Statutory Bodies (Accounts and Annual Reports) Act 1980 PART V PILGRIM ORGANIZER 27. Restriction on pilgrim organizers 28. Application for licence and issuance of licence 29. Security deposit 30. Penalty for contravening term and condition of licence 31. Obligation of pilgrim organizer where pilgrim is detained in the Holy Land or elsewhere 32. Issue of ticket to pilgrims 33. Authority to issue single journey ticket Tabung Haji PART VI PILGRIMS Section 34. Conditions for travel to the Holy Land 35. Lembaga to issue Passport Haji 36. Price to be marked upon ticket PART VII MISCELLANEOUS 37. Evidence under this Act 38. Provision as to jurisdiction 39. General penalty and attempts, etc., to commit offence 40. Liability of managers, etc. 41. Power to compound offences 42. Obligation of secrecy 43. Protection for members, officers, servants and agents 44. Public servants 45. Power to make regulations 46. Power to amend Schedule PART VIII REPEAL AND TRANSITIONAL 47. Repeal of the Lembaga Urusan dan Tabung Haji Act 1969 48. Continuance of members 49. Continuance of laws, etc. 50. Transfer of powers, rights, liabilities and duties 51. Transfer of land and property 52. Existing contracts 53. Continuance of civil and criminal proceedings 54. Transfer of Fund 55. Transfer of depositor to the Fund 5 6 Laws of Malaysia Section 56. Validation of acts 57. Continuance of Director General, officers and servants 58. Pending disciplinary proceedings 59. Use of seal SCHEDULE ACT 535 7 LAWS OF MALAYSIA Act 535 TABUNG HAJI ACT 1995 An Act to establish the Lembaga Tabung Haji; and to provide for matters connected therewith and incidental thereto. [1 Jun 1995, P.U. (B) 244/1995] 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 Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and application 1. (1) (2) This Act may be cited as the Tabung Haji Act 1995. This Act shall apply throughout Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— “appointed day” means the day appointed by the Minister under subsection 1(1); “Chief Executive Officer” means the person appointed under section 12; “committee” means a committee established under 8 Laws of Malaysia ACT 535 subsection 11(1); “depositor” means a person who is permitted by the Lembaga under section 16 to deposit money with the Lembaga for the purposes specified in that section; “financial year” means a period of twelve calendar months ending on 31st day of December; “Fund” means the Fund of the Lembaga Tabung Haji established under section 15; “Lembaga” means the Lembaga Tabung Haji established under section 3; “Minister” means the Minister charged with the responsibility for pilgrimage control; “Muslim” means a person who professes the religion of Islam; “passenger” means any person carried in an aircraft in consideration for the payment of a fare therefor; “Passport Haji” means the travel document in the prescribed form issued under section 35 to a pilgrim; “person” includes a body of persons, corporate or unincorporated; “pilgrim” means any Muslim who travels from any point of exit or other place in Malaysia or elsewhere for the purpose of pilgrimage to the Holy Land; “pilgrim aircraft” means an aircraft chartered, or in respect of which arrangements are made, for the purpose of conveying pilgrims from or to any airport in Malaysia to or from any airport which is the entry point to or the exit point from the Holy Land, and includes any aircraft carrying passengers more than a quarter of whom are pilgrims being so conveyed; “pilgrim organizer” means any person who is licensed under section 28; Tabung Haji 9 “pilgrim organizer licence” means a licence issued under section 28; “pilgrim ticket” means a ticket which entitles, or purports to entitle, any person to a passage on a pilgrim aircraft; “remuneration” includes salary or wages, allowances, medical benefits, free or subsidized housing and other privileges capable of being valued in money; “Reserve Fund” means the fund established under section 21; “unclaimed money” means — (a) moneys which are payable to a depositor but have remained unpaid not less than twelve months after they become payable; and (b) moneys to the credit of a depositor’s account that has not been operated by the depositor either by deposit or withdrawal for a period of not less than seven years. (2) In this Act, unless the context otherwise requires, any reference to a failure to do any act or thing shall include a reference to a refusal to do that act or thing. PART II LEMBAGA TABUNG HAJI Establishment of Lembaga Tabung Haji 3. (1) There is hereby established a body corporate by the name of “Lembaga Tabung Haji”. (2) The Lembaga shall have perpetual succession and a common seal and may sue and be sued in its name. (3) Subject to and for the purposes of this Act, the Lembaga may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may 10 Laws of Malaysia ACT 535 convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Lembaga upon such terms as it deems fit. Functions of the Lembaga 4. (1) The Lembaga shall have the following functions: (a) to administer the Fund; (b) to administer all matters concerning the welfare of pilgrims and to formulate policies in connection therewith; and (c) to do such other things as it may be required or permitted to do under this Act. (2) The Lembaga shall have power to perform any or all of its functions wholly or partly in Malaysia or outside Malaysia. (3) The Lembaga may, with the approval of the Minister — (a) enter into any partnership, joint venture, undertaking or any other form of co-operation or arrangement for the sharing of profits or carry on its activities in association with, or otherwise, any person, public authority or government carrying on or engaging in any such activities; (b) take or otherwise acquire shares and securities in any public authority, corporation or other body and may sell, hold or re-issue such shares or securities or otherwise dispose of or deal with them; (c) establish a corporation by such name as the Lembaga may think fit to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Lembaga; or (d) establish or promote the establishment of companies under the Companies Act 1965 [Act 125] to carry on or Tabung Haji 11 engage in any activity which has been planned or undertaken by the Lembaga. (4) The provisions of the Schedule shall apply to a corporation established under paragraph (3)(c). Common seal of the Lembaga 5. (1) The common seal of the Lembaga shall bear such device as the Lembaga may approve and such seal may from time to time be broken, changed, altered and made anew by the Lembaga as it may think fit. (2) The common seal shall be kept in the custody of the Chief Executive Officer and shall be authenticated by him or by any officer authorized by the Lembaga in writing. (3) All deeds, documents, and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (2) shall, until the contrary is proved, be deemed to have been validly executed. (4) Notwithstanding subsection (3), any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the Lembaga, and any such document or instrument may be executed on behalf of the Lembaga by any officer or servant of the Lembaga generally or specially authorized by the Lembaga in that behalf. (5) The common seal of the Lembaga shall be officially and judicially noticed. Membership of the Lembaga 6. (1) The Lembaga shall consist of the following members: (a) a Chairman, who shall be appointed by the Minister; (b) a representative of the Prime Minister’s Department; (c) a representative of the Treasury; and 12 Laws of Malaysia ACT 535 (d) not more than seven other members who shall be appointed by the Minister. (2) No person shall be appointed to be a member of the Lembaga unless he is a Muslim and is a Malaysian citizen. (3) The following persons shall be disqualified from being appointed to be members or from being members of the Lembaga: (a) a bankrupt; (b) a person who has been convicted of an offence and sentenced to imprisonment for a term of not less than one year; or (c) a person who is of unsound mind or is otherwise incapable of performing his functions as a member of the Lembaga. (4) If a member of the Lembaga― (a) fails to attend three consecutive meetings of the Lembaga without the permission in writing of the Chairman of the Lembaga; or (b) becomes disqualified under subsection (3), his office as a member of the Lembaga shall become vacant. (5) The Minister may at any time revoke the appointment of any member of the Lembaga without assigning any reason therefor. (6) A member of the Lembaga may at any time resign by giving notice in writing to the Minister. (7) Subject to subsections (4), (5) and (6), a member of the Lembaga shall hold office for a term not exceeding three years and is eligible for reappointment. Remuneration 7. Subject to subsection 12(3), members of the Lembaga shall not be entitled to any remuneration but may be paid such honorarium and travelling and subsistence allowances as the Minister may determine. Tabung Haji 13 Meetings of the Lembaga 8. (1) The Lembaga shall meet at least once in every three months. (2) Three members of the Lembaga shall form a quorum at any meeting of the Lembaga. (3) The Chairman or, in his absence, the member elected by the members present shall preside over the meetings. (4) If the votes on any question are equal, the Chairman shall have the casting vote in addition to his original vote. (5) Any minutes made of meetings of the Lembaga shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Lembaga in respect of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act. (6) Subject to subsections (1), (2), (3), (4) and (5), the Lembaga may determin