EMPLOYEES PROVIDENT FUND ACT 1991

1 PART I PRELIMINARY-1. Short title and commencement.

(1) This Act may be cited as the Employees Provident Fund Act 1991 .

(2) This Act shall come into force on such date as the Minister may, by notification in the Gazette , appoint.

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires-

"additional amount" means the amount which may be paid under section 58;

[Am. by Act A1300]

"amount of wages for the month" means-

(a) in respect of an employee paid monthly or at intervals of longer than a month, the amount of wages due to him in respect of the month; or

(b) in respect of any other employee, the aggregate amount of wages due to him on such pay days as fall within the month:

Provided that where arrears of wages are paid to an employee upon any wage revision, such arrears of wages shall for the purposes of this Act be deemed to be part of the amount of wages for the month in which the arrears of wages are paid in addition to the amount of wages due to him in respect of the month referre
3 PART II THE BOARD AND THE INVESTMENT PANEL-3. Establishment of the Board.

For the purposes of managing the Fund and for carrying into effect the purposes of this Act, a body corporate by the name of "Employees Provident Fund Board" is established with perpetual succession and a common seal, and which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy 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 immovable property or any interest therein vested in the Board upon such terms as it deems fit.

[Am. by Act A1300]

4 PART II THE BOARD AND THE INVESTMENT PANEL-4. Membership of the Board.

(1) The Board shall consist of:

(a) a Chairman;

(b) a Deputy Chairman to be appointed from amongst the persons referred to in paragraph (d) (i);

(c) the chief executive officer, who shall be an ex-officio member; and

[Am. Act A958]

(d) not more than twenty other members of whom:

[(d) Am. Act A1611:s.2]

(i) not more than five shall be persons who are holding office of emolument under the Government of Malaysia or of a State;

[(i) Am. Act A1611:s.2]

(ii) not more than five shall be employers contributing to the Fund and not being persons holding office of emolument under the Government of Malaysia or of a State or employed by any statutory or local authority;

[(ii) Am. Act A1611:s.2]

(iii) not more than five shall be employee
5 PART II THE BOARD AND THE INVESTMENT PANEL-5. Alternate members.

(1) The Minister may in respect of each of the members appointed under section 4 (1) (d) (i) appoint by name a person to be an alternate member to attend meetings of the Board in place of the member when the member is for any reason unable to attend.

(2) When attending meetings of the Board in place of a member, an alternate member shall for all purposes be deemed to be a member of the Board.

(3) An alternate member shall cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Board.

6 PART II THE BOARD AND THE INVESTMENT PANEL-6. Tenure of office.

(1) Subject to sections 7 (2), 8, and 22 a member of the Board, other than the chief executive officer, shall hold office for a term not exceeding three years.

[Am. Act A958; Renumbering and Am. Act A1611:s.3]

(2) A member of the Board referred to in subsection (1) shall be eligible for reappointment but no member shall hold office for a total term of more than twelve years.

[(2) Ins. Act A1611:s.3]

7 PART II THE BOARD AND THE INVESTMENT PANEL-7. Resignation and revocation.

(1) A member of the Board, including the Deputy Chairman, may at any time resign his office by a written notice addressed to the Chairman, and in the case of the Chairman by a written notice addressed to the Minister.

(2) The Minister may at any time revoke the appointment of a member of the Board if he thinks it is expedient so to do without assigning any reason therefor.

8 PART II THE BOARD AND THE INVESTMENT PANEL-8. Vacation of office.

A member of the Board shall be deemed to have vacated his office-

(a) upon his death; or

(b) upon his failure to attend three consecutive meetings of the Board without the permission of the Chairman.

9 PART II THE BOARD AND THE INVESTMENT PANEL-9. Quorum of the Board.

[Shoulder note Subs. Act A1611:s.4]

(1) The Chairman or the Deputy Chairman and eight other members shall form a quorum at all meetings of the Board.

[(1) Am. Act A1611:s.4]

(2) In the absence of the Chairman, the Deputy Chairman shall preside at all meetings of the Board and, may exercise all the powers of the Chairman in respect of that meeting.

(3) The Board shall have powers to determine the conduct of its proceedings.

10 PART II THE BOARD AND THE INVESTMENT PANEL-10. Chairman to have casting vote.

(1) If on any question to be determined there is an equality of votes, the Chairman shall have the casting vote in addition to his original vote.

(2) Where the Chairman is also the chief executive officer, he shall have no vote in his capacity as the chief executive officer.

[Am. by Act A958]

11 PART II THE BOARD AND THE INVESTMENT PANEL-11. Power of Minister to give directions.

The Minister may give to the Board directions of a general nature not inconsistent with the provisions of this Act as to the exercise of the functions and powers of the Board and the Board shall give effect to those directions.

12 PART II THE BOARD AND THE INVESTMENT PANEL-12. Duty to furnish the Minister with information.

The Board shall furnish the Minister with such information relating to its activities as he may, from time to time, require.

13 PART II THE BOARD AND THE INVESTMENT PANEL-13. Authentication of seal.

All deeds, documents and other instruments requiring the seal of the Board shall be sealed with the common seal of the Board in the presence of the Chairman and the chief executive officer, or either the Chairman or the chief executive officer and one other member of the Board or any two other members of the Board, and any deed, document or instrument purporting to be sealed with the common seal of the Board and so authenticated shall until the contrary is proved, be deemed to have been validly executed:

[Am. by Act A914; A958]

Provided that where the Chairman is also the chief executive officer the common seal of the Board shall be sealed in the presence of the Chairman and one other member of the Board.

14 PART II THE BOARD AND THE INVESTMENT PANEL-14. Powers and duties of the Board.

(1) The Board shall have such powers and shall perform such duties as are given or imposed by this Act.

(2) The Board may, by instrument under its seal, appoint any person and delegate to such person whether in Malaysia or any place outside Malaysia all or any of such powers and duties of the Board and the person so appointed may, subject to the instrument, do any act or exercise any power or carry out any duty which he is authorized by the instrument to do or execute.

(3) The Board may employ and pay agents, advocates and solicitors, bankers, stockbrokers or any other persons, to transact any business or do any act required to be transacted or done in the exercise of its powers or in the carrying out of its duties or for the better carrying into effect of the purposes of this Act.

15 PART II THE BOARD AND THE INVESTMENT PANEL-15. General reserve and other reserve accounts.

(1) The Board may establish and manage a general reserve and other reserve accounts.

(2) The payment into and out of the reserve accounts shall be determined by the Board.

16 PART II THE BOARD AND THE INVESTMENT PANEL-16. Board may establish any committee.

Notwithstanding any other provisions of this Act, the Board may appoint any person or establish any committee in respect of any matter relating to the management and administration of the Fund.

17 PART II THE BOARD AND THE INVESTMENT PANEL-17. Power to grant loans and make advances to its officers and servants.

The Board may grant loans and make advances to its officers and servants on such terms and conditions as the Board may determine.

18 PART II THE BOARD AND THE INVESTMENT PANEL-18. Establishment and membership of the Investment Panel.

(1) An Investment Panel responsible for matters pertaining to the investments of the Fund and which shall consist of the following members is established:

(a) the Chairman, or any other person to be appointed by the Minister, who shall be the Chairman of the Investment Panel;

(b) the Deputy Chairman who shall be a representative of the Ministry of Finance;

(c) (Deleted by Act A1611:s.5)

(d) the chief executive officer, who shall be an ex-officio member; and

(e) three other persons who shall have experience in finance, business or other relevant experience, to be appointed by the Minister.

[(1) Subs. Act A1300; (e) Am. Act A1611:s.5]

(2) The Investment Panel shall be subject to such directions issued by the Board and approved by the Minister, from time to time.

(3) Members of the Investme
19 PART II THE BOARD AND THE INVESTMENT PANEL-19. Vacation of office.

A member of the Investment Panel shall be deemed to have vacated his office-

(a) upon his death; or

(b) upon his failure to attend three consecutive meetings of the Investment Panel without the permission of the Chairman of the Investment Panel.

20 PART II THE BOARD AND THE INVESTMENT PANEL-20. Quorum and conduct of proceedings.

(1) The Chairman or the Deputy Chairman of the Investment Panel and two other members of the Investment Panel shall form a quorum at all meetings of the Investment Panel.

[Am. by Act A1300]

(1A) In the absence of the Chairman, the Deputy Chairman shall preside at all meetings of the Investment Panel and, shall exercise all powers of the Chairman in respect of that meeting.

[Ins. by Act A1300]

(2) Subject to section 18(2), the Investment Panel shall have power to determine the conduct of its proceedings.

21 PART II THE BOARD AND THE INVESTMENT PANEL-21. The Chairman of the Investment Panel to have casting vote.

(1) If on any question to be determined there is an equality of votes, the Chairman of the Investment Panel shall have the casting vote in addition to his original vote.

(2) Where the Chairman is also the chief executive officer and he is appointed to be the Chairman of the Investment Panel, he shall have no vote in his capacity as the chief executive officer.

[Am. by Act A958]

22 PART II THE BOARD AND THE INVESTMENT PANEL-22. Disqualification from membership of the Board and the Investment Panel.

The following persons shall be disqualified from being appointed as a member of the Board or the Investment Panel or if he is a member of the Board or Investment Panel he shall cease to be such a member:

(a) a person who is of unsound mind or is otherwise incapable of performing his duties;

(b) a person who has been convicted of an offence and sentenced to imprisonment for a term of not less than one year;

(c) a person who has been convicted of an offence involving fraud, dishonesty, or moral turpitude; or

(d) a bankrupt.

23 PART II THE BOARD AND THE INVESTMENT PANEL-23. Disclosure of interest.

(1) Every member of the Board or the Investment Panel, having directly or indirectly by himself, his spouse or children, any interest in any matter under discussion by the Board, the Investment Panel or any committee of which he is a member, shall disclose to the Board, the Investment Panel or committee, as the case may be, the fact of his interest and the nature thereof as soon as practicable after the relevant fact has come to his knowledge.

(2) Any member of the Board, the Investment Panel or committee who fails to disclose his interest as provided under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

(3) Every declaration under this section shall be recorded in the minutes of the Board, the Investment Panel or committee, and after any declaration made under subsection (1) the member of the
23A PART II THE BOARD AND THE INVESTMENT PANEL-23A. Establishment of Shariah Advisory Committee.

(1) The Board shall establish a Shariah Advisory Committee which shall be the authority for the ascertainment of Shariah matters for the purposes of advising the Board and the Investment Panel in ensuring that the management of the accounts of the members of the Fund whose elections under section 43A have come into effect complies with Shariah principles, including the contributions, investment and dividend.

(2) The Shariah Advisory Committee may determine its own procedures.

[Ins. by Act A1504/2016: s.3]

23B PART II THE BOARD AND THE INVESTMENT PANEL-23B. Functions of Shariah Advisory Committee.

The Shariah Advisory Committee shall have the following functions:

(a) to ascertain the application of Shariah principles on any matter relating to the accounts of the members of the Fund whose elections under section 43A have come into effect;

(b) to advise the Board and the Investment Panel on any matter relating to Shariah and the application of Shariah principles on any matter relating to the accounts of the members of the Fund whose elections under section 43A have come into effect;

(c) such other functions as may be prescribed by the Board.

[Ins. by Act A1504/2016: s.3]

23C PART II THE BOARD AND THE INVESTMENT PANEL-23C. Appointment of members of Shariah Advisory Committee.

(1) The Board may appoint such number of persons, which shall not be less than three, from amongst persons who are qualified in Shariah, or who have knowledge or experience in Shariah and in banking, finance, law or such other related disciplines, as members of the Shariah Advisory Committee.

(2) Members of the Shariah Advisory Committee shall not be entitled to any remuneration but may be paid such honorarium, and travelling and subsistence allowances, as the Board may determine.

[Ins. by Act A1504/2016: s.3]

23D PART II THE BOARD AND THE INVESTMENT PANEL-23D. Reference to Shariah Advisory Committee.

(1) The Board and the Investment Panel shall refer to the Shariah Advisory Committee any matter relating to Shariah and any matter which requires the ascertainment of Shariah principles by the Shariah Advisory Committee relating to the accounts of the members of the Fund whose elections under section 43A have come into effect.

(2) The advice given by the Shariah Advisory Committee on any matter referred under subsection (1) shall be binding on the Board and the Investment Panel.

[Ins. by Act A1504/2016: s.3]

24 PART III THE FUND-24. Establishment of Employees Provident Fund.

(1) For the purpose of this Act there shall be established a fund to be called the "Employees Provident Fund", into which shall be paid-

(a) all contributions required to be made under this Act;

(b) money earned by carrying out any project, scheme or enterprise financed from the Fund;

(c) moneys earned or arising from any property, investments, mortgages, charges or debentures acquired by or vested in the Board; and

(d) all other sums or property which may in any manner become payable to or vested in the Board in respect of any matter incidental to its powers and duties.

(2) The Fund shall be expended for the purpose of-

(a) meeting all payments required to be made under this Act;

(b) investment under this Act;

[Subs. by Act A914]

(c) granting of loans and m
25 PART III THE FUND-25. Board shall be trustee of the Fund.

The Board shall be the trustee of the Fund.

26 PART III THE FUND-26. Power of the Board to invest.

(1) The Board may subject to section 18(2), invest moneys belonging to the Fund in the following manner:

(a) to be deposited in-

(i) Bank Negara Malaysia; or

(ii) a bank or an investment bank duly licensed under the Financial Services Act 2013 [Act 758] ; or

[Am. by Act A1504/2016: s.4]

(iii) an Islamic bank duly licensed under the Islamic Financial Services Act 2013 [Act 759] ; or

[Am. by Act A1504/2016: s.4]

(iv) a development financial institution regulated under the Development Financial Institutions Act 2002 [Act 618] ;

[Ins. by Act A1504/2016: s.4]

(b) to be invested in-

(i) shares offered pursuant to an initial public offering which have been approved under the Capital Markets and Services Act 2007 [Ac
26A PART III THE FUND-26A. Power of the Board to invest in an approved company.

[Ins. by Act A914]

(1) In addition to the powers of the Board to invest in accordance with section 26, the Board may invest-

(a) in loans to an approved company or the buying of shares in an approved company; or

(b) in special housing loans to an approved company.

(2) No moneys belonging to the Fund shall be invested in accordance with subsection (1) unless-

(a) the paid-up ordinary share capital of the approved company is not less than five million Malaysian ringgit;

(b) the approved company has paid a dividend at the rate of not less than five per centum upon such ordinary share capital during each of the last three years prior to the time of investment and where the approved company is a company which has acquired the assets and liabilities of another approved company, payment of a dividend by that other
26B PART III THE FUND-26B. Board to invest in Government Securities.

(1) Subject to any variation which the Minister may make under subsection (2), the Board shall invest or re-invest at least fifty per centum of the moneys belonging to the Fund and invested or reinvested during any one year, in securities issued by the Government of Malaysia, provided that the total amount of moneys so invested in such securities at any one time shall not be less than seventy per centum of the Fund's total investments.

(2) The Minister may, upon the application of the Board, vary the percentage specified in subsection (1).

(3) For the purpose of this section, securities issued by the Government of Malaysia shall include-

(a) loans which are fully guaranteed by the Government of Malaysia;

(b) negotiable securities or instruments which are fully guaranteed by the Government of Malaysia including negotiable securities or instruments issued by a corporation fully owned by the G
26C PART III THE FUND-26C. Power of the Board to establish a corporation or a company.

[Ins. by Act A958]

(1) The Board may, in exercising the investment powers under this Act, from time to time, with the special approval of the Minister-

(a) establish a corporation by such name as the Board may think fit;

(b) incorporate a company under the Companies Act 1965 by such name as the Board may think fit; or

(c) take over any company, to carry out, administer, conduct and manage any project, joint venture, privatisation programme, scheme, enterprise or any other matters which have been planned or undertaken by the Board.

(2) The Seventh Schedule shall apply to a corporation established under paragraph 1 (a) and the Companies Act 1965 shall apply to a company incorporated or taken over under paragraph (1) (b) or (c) , respectively.

27 PART III THE FUND-27. Declaration of dividend.

(1) At or after the end of the financial year, being the 31st December of each year, the Board shall, with the approval of the Minister, declare a dividend on contributions to the Fund in respect of that year-

(a) in relation to contributions made by the members of the Fund who have not elected for their accounts to be managed according to Shariah under section 43A or who have made the elections under section 43A but the elections have not come into effect, at any rate according to the actual performance of the investment made by the Board in relation to the accounts which shall not be less than two and one half per centum per annum; and

(b) in relation to contributions made by the members of the Fund whose elections under section 43A have come into effect, at any rate according to the actual performance of the investment made by the Board in relation to the accounts.

(2) Subject to s
28 PART III THE FUND-28. Provision for advancement from the Federal Consolidated Fund.

If the Fund is at any time unable to pay any sum which the Fund is required to pay under this Act, the sum required to be so paid shall be charged on and advanced to the Fund from the Federal Consolidated Fund and the Fund shall as soon as practicable repay to the Government of Malaysia the sum so advanced.

29 PART III THE FUND-29. Audit of the Fund's annual accounts.

The annual accounts of the Fund shall be audited in accordance with the provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] .

29A PART IIIA INVESTMENT BY MEMBER OF THE FUND-29A. Investment by member of the Fund.

(1) Notwithstanding anything contrary to the provisions of this Act, the Board may, subject to any regulations and rules made under this Act-

(a) authorize an application made by a member of the Fund for investment in fund management institutions or other institutions approved by the Minister for investment purposes in any investments approved by the Minister; and

(b) authorize transfer of any amount standing to the credit of such member of the Fund into fund management institutions or other institutions approved by the Minister subject to any terms and conditions as he thinks appropriate.

(2) Where the Board has authorized the transfer of a sum of money standing to the credit of such member under

subsection (1)-

(a) such amount so authorized shall not be paid dividend as declared by the Board under section 27; and

(b) such amount
30 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-30. Appointment of the chief executive officer, officers and servants of the Board.

[Am. by Act A1080]

(1) The Minister shall appoint a fit and proper person, on such terms and conditions as he may determine, as chief executive officer, who may be designated by any name as determined by the Board.

[Subs. by Act A958]

(2) Where no appointment of the chief executive officer is made under subsection (1), the Chairman shall excercise the duties of the chief executive officer and shall be known as the Executive Chairman and any renumeration or allowance paid shall be determined by the Minister.

[Am. by Act A914, A958]

(3) The Board shall appoint such number of other officers or servants, as it considers necessary for the efficient conduct of the business of the Board, on such terms and conditions as may be determined by the Board, who may be designated by any name as determined by the Board.

[Subs. by Act A
31 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-31. Establishment of the Disciplinary Committee.

(1) A Disciplinary Committee of the Board responsible for matters relating to the disciplines of the officers and servants of the Board is established.

(2) The Disciplinary Committee shall consist of five members of the Board to be appointed by the Board, one of whom shall be appointed chairman of the Committee.

(3) The chairman of the Disciplinary Committee and two members of the Committee shall form a quorum at all meetings of the Disciplinary Committee.

(4) The Disciplinary Committee shall have powers to determine the conduct of its proceedings.

(5) In the exercise of its disciplinary functions, the Disciplinary Committee shall have the power to take such disciplinary action and impose such disciplinary punishment as provided by any disciplinary rules made under section 73.

(6) The Disciplinary Committee may, subject to subsection (7), delegate any of its disciplinary functions, powers or duties other than the
31A PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-31A. Establishment of the Disciplinary Appeal Committee.

[Ins. by Act A1300]

(1) A Disciplinary Appeal Committee of the Board responsible for matters relating to appeals against the decisions made by the Disciplinary Committee under section 31 is established.

(2) The Disciplinary Appeal Committee shall consist of seven members of the Board to be appointed by the Board, one of whom shall be appointed chairman of the Committee.

(3) The chairman of the Disciplinary Appeal Committee and four other members of the Disciplinary Appeal Committee shall form a quorum at all meetings of the Disciplinary Appeal Committee.

(4) The Disciplinary Appeal Committee shall have powers to determine the conduct of its proceedings.

(5) Any officer or servant of the Board who is aggrieved by the decision of the Disciplinary Committee or of any person or committee delegated with powers, functions or duties under subsection 31(5) may appeal against such decision to the th
32 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-32. Imposition of surcharge.

(1) If the Board is satisfied that any person who is or was in the employment of the Board-

(a) is or was responsible for any improper payment of moneys from the Fund or for any payment of such moneys which is not duly vouched;

(b) is or was responsible for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Board;

(c) being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

(d) has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Board,

and if a satisfactory explanation is not furnished to the Board within a period specified by the Board, with regard to the failure
33 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-33. Establishment of a Promotion Committee in respect of officers and servants of the Board.

(1) A Promotion Committee of the Board in respect of officers and servants of the Board other than the chief executive officer, which shall consist of five members of the Board to be appointed by the Board, one of whom shall be appointed chairman of the Committee, is established.

[Subs. by Act A1300]

(1A) The chairman of the Promotion Committee and two other members of the Promotion Committee shall form a quorum at all meetings of the Promotion Committee.

[Am. by Act A958]

(1B) If on any question to be determined there is an equality of votes, the chairman of the Promotion Committee shall have the casting vote in addition to his original vote.

[Am. by Act A958]

(1C) The Promotion Committee shall have powers to determine the conduct of its proceedings.

[Ins. by Act A914]

(2) The Promotion Committee s
33A PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-33A. Establishment of the Promotion Appeal Committee in respect of officers and servants of the Board.

[Ins. by Act A1300]

(1) A Promotion Appeal Committee of the Board in respect of officers and servants of the Board responsible for matters relating to appeals against the decisions made by the Promotion Committee under section 33 is established.

(2) The Promotion Appeal Committee shall consist of seven members of the Board to be appointed by the Board, one of whom shall be appointed chairman of the Committee.

(3) The chairman of the Promotion Appeal Committee and four other members of the Promotion Appeal Committeeshall form a quorum at all meetings of the Promotion Appeal Committee.

(4) The Promotion Appeal Committee shall have powers to determine the conduct of its proceedings.

(5) Any officer or servant of the Board who is aggrieved by the decision of the Promotion Committee or any person or committee delegated with powers, functions or duties under subsection 33(3) may appeal against s
34 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-34. Appointment of Inspectors, their powers, functions and duties.

(1) The Board may appoint such number of Inspectors as it may consider necessary for the purposes of this Act from any officer and servant appointed under section 30(3) and such appointment shall be published in the Gazette .

[Am. by Act A1080]

(2) Subject to subsection (3), an Inspector appointed under subsection (1) shall have all the powers, functions and duties conferred under this Act.

(3) An Inspector shall be subject to the direction and control of the chief executive officer, or of such other officer or servant of the Board as may be authorized by the chief executive officer to act on behalf of him, and of any other Inspectors superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties referred to in subsection (2) in compliance with such directions, instructions, conditions, restrictions or limitations as the chief executive officer, or an office
35 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-35. Powers of entry, examination and search.

Subject to any regulations made under section 71, an Inspector or an officer vested with the powers of an Inspector may at any reasonable time-

[Am. by Act A914]

(a) enter any premises or place where persons are believed to be engaged as employees;

(b) make such examination and inquiry as may be necessary for ascertaining whether the provisions of this Act or the regulations or rules made thereunder are being or have been complied with in any such premises or place;

(c) examine either alone or in the presence of any other person with respect to any matters under this Act on which he may reasonably require information every person who he has reason to believe can give information respecting the subject matter of the inquiry, and require every such person to be examined and for the purposes of such examination may summon any such person to attend at the time an
36 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-36. Obstruction to exercise of powers by an Inspector.

(1) No person shall-

(a) refuse any Inspector exercising his powers under section 35, access to any premises or part thereof;

(b) assault, obstruct, hinder or delay such Inspector in effecting any entrance which he is entitled to effect;

(c) fail to comply with any lawful demands of an Inspector in the execution of his powers, functions and duties under section 35;

(d) refuse to give to an Inspector any information which may reasonably be required of him;

(e) fail to produce to, or conceal or attempt to conceal from, an Inspector, any property, book, other document, or article in relation to which the Inspector has reasonable grounds for suspecting that an offence has been or is being committed under this Act; or

(f) furnish to an Inspector as true, information which he knows or has reason to believe to be false.

(1A)
37 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-37. Power to examine persons.

(1) The Inspector or an officer vested with the powers of an Inspector, making any investigations under section 35 may examine orally any person whom he believes to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

(2) The person so examined shall be legally bound to answer all questions relating to such case put to him by the examining officer:

Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3) A person making a settlement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

(4) An officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

(5) A statement made by
37A PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-37A. Power of the Board to assess contributions based on information available.

(1) An Inspector or an officer vested with the powers of an Inspector may, assess any contributions which is due by any employer based on any information available if the employer-

(a) fails to keep or maintain any statement, particulars, register book or any record pertaining to each employee as required to be performed by him under this Act; or

(b) fails or refuse to submit any statement, particulars, register book or record pertaining to each employee as required to be submitted by him under this Act.

(2) The assessment made under subsection (1) shall be sufficient proof of the Board's claim for the recovery of any contributions under section 65.

[Ins. by Act A914]

38 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-38. Powers of chief executive officer to ask for information and application for search warrant.

[Am. by Act A958]

(1) For the purpose of obtaining full information for ascertaining whether any person is liable to pay contributions under this Act, the chief executive officer may by notice in writing require any person-

(a) to furnish the chief executive officer within a time specified in the notice not being less than thirty days from the date of such notice any information or particulars specified in the notice;

(b) to attend personally before the chief executive officer or any officer appointed by him and produce for examination all books, accounts, records and other documents which the chief executive officer or officer deems necessary; or

(c) to furnish the information or particulars in accordance with paragraph (a) and also to attend in accordance with paragraph (b).

(2) Any person who fails to comply with the provisio
39 PART IV APPOINTMENT OF OFFICERS AND SERVANTS, THEIR POWERS, FUNCTIONS AND DUTIES-39. Preventing person from leaving Malaysia without paying contributions.

[Am. by Act A1611]

(1) (a) Where the chief executive officer has reason to believe that any person is about or is likely to leave Malaysia without paying any outstanding and due contributions under this Act, the chief executive officer may issue to the Director General of Immigration a certificate containing particulars of the person and the outstanding and due contributions with a request that the person be prevented from leaving Malaysia, unless he pays the outstanding and due contributions, or furnishes security to the satisfaction of the chief executive officer for its payment

[Subs. by Act A1611]

(b) Subject to any order issued or made under any written law relating to immigration, the Director General of Immigration upon receiving a request under paragraph (a) in respect of any person shall take or cause to be taken all such measures (inc
40 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-40. [Deleted by Act A1300].

[Deleted by Act A1300] .

41 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-41. Duty of employer to register with the Board.

(1) Every employer shall, unless he is already registered with the Board, before the end of the first week in the first month in which he is paying wages in respect of which he is required to pay contributions under this Act, register with the Board in the manner as may be prescribed by the Board.

(2) Any employer who contravenes the provisions of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

(3) Where any person ceases to be an employer, within the meaning of this Act, he shall, within the period as prescribed by the Board , notify the Board of the same in the manner as may be prescribed by the Board.

[Am. by Act A1300]

(4) Any person who contravenes the provisions of subsection (3) shall be guilty of an offence.

42 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-42. Duty of employer to prepare and furnish statement of wages.

(1) Every employer shall prepare and furnish statement of wages to each and every employee and the statement of wages shall contain such information as may be prescribed by the rules.

(2) Every employer shall prepare and keep one or more registers containing such information as may be prescribed by the rules and such register shall be kept for such period that every particular recorded therein shall be available for inspection for not less than six years after the recording thereof.

43 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-43. Rate of contributions.

(1) Subject to the provisions of section 52, every employee and every employer of a person who is an employee within the meaning of this Act shall be liable to pay monthly contributions on the amount of wages at the rate respectively set out in the Third Schedule.

[Am. by Act A914]

(1A) Subject to section 52, the monthly contribution of every employee and employer who are subject to the minimum wages order made under the National Wages Consultative Council Act 2011 [Act 732] shall not be less than the monthly contributions based on the amount of the minimum wages for the month as determined under the minimum wages order at the rate respectively set out in the Third Schedule.

[Ins. Act A1504:s.6]

(2) Any person being an employer who fails, within such period as may be prescribed by the Minister, to pay to the Fund any contributions which he is liable under this Act to pay in r
43A PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-43A. Election for account of member of the Fund to be managed according to Shariah.

(1) A member of the Fund may elect for all amount standing to the credit of his account to be managed according to Shariah subject to any terms and conditions as may be prescribed by the Board.

(2) The election under subsection (1) shall be made in such manner as may be prescribed by the Board and the election shall take effect from the date as determined by the Board.

(3) The Board shall notify the effective date of the election determined under subsection (2) to the member of the Fund not less than seven days before the effective date.

(4) The member of the Fund may, before the effective date of the election determined under subsection (2), revoke his election in such manner as may be prescribed by the Board.

(5) After the election made under subsection (1) is effective, the Board shall segregate the account of such member of the Fund from other accounts of the members of the Fund-

(a) who
44 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-44. Remittance of funds in connection with retirement.

(1) In addition to section 43, an employer or any other person may at any time, with the consent of the employee, remit to the Board-

(a) any funds being retirement benefits of the employee; or

(b) any funds from any other retirement scheme or plan relating to the employee,

in any manner as may be prescribed by the Board.

(2) An employee or any other person may at any time remit to the Board any funds from any retirement scheme or plan relating to the employee or person in any manner as may be prescribed by the Board.

(3) Upon the Board receiving the funds as remitted under subsection (1) or (2), the Board shall cause the funds to be paid into the Fund in accordance with section 50.

[Subs. by Act A1123]

44A PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-44A. Adding up credit into the account of a member of the Fund.

[Ins. by Act A1300]

In addition to sections 43 and 44, any person prescribed by the Board may add up credit into the account of a member of the Fund by remitting a sum of money to the Board, subject to any terms and conditions as prescribed by the Board, and any maximum limit of monthly contributions set out in the Third Schedule.

45 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-45. Payment of contributions.

(1) Except where otherwise provided in this Act, the employer shall, in the first instance, be liable to pay both the contributions payable by himself and also, on behalf of and to the exclusion of the employee, the contributions payable by that employee; and for the purposes of this Act contributions paid by an employer on behalf of an employee shall be deemed to be contributions by the employee.

(2) Contributions payable by the employer for himself and on behalf of the employee under subsection (1) shall be paid in respect of the first and subsequent months' wages.

(3) Notwithstanding section 49, where an employer fails to pay any contributions due within such period as prescribed by the Minister, the employer shall, in addition to such contributions, be liable to pay dividend on such contributions at the rate and in accordance with any manner and calculation determined by the Board.

[Subs. by Act A1504/2016:
46 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-46. Joint and several liability of directors, etc.

(1) Where any contributions remaining unpaid by a company, a firm or an association of persons, then, notwithstanding anything to the contrary in this Act or any other written law, the directors of such company including any persons who were directors of such company during such period in which contributions were liable to be paid, or the partners of such firm, including any persons who were partners of such firm during such period in which contributions were liable to be paid, or the office-bearers of such association of persons, including any persons who were office-bearers of such association during such period in which contributions were liable to be paid, as the case may be, shall together with the company, firm or association of persons liable to pay the said contributions, be jointly and severally liable for the contributions due and payable to the Fund.

(2) For the purpose of this section-

"contribution" shall be de
47 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-47. Employer's contribution irrecoverable from employee.

(1) Notwithstanding any contract to the contrary, the employer shall not be entitled to deduct or otherwise recover from the wages or remuneration of the employee, the employer's contribution, from the employee.

(2) If an employer deducts or attempts to deduct from the wages or remuneration of any employee the whole or any part of the employer's contribution, he shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six years or to a fine not exceeding twenty thousand ringgit or to both.

48 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-48. Recovery by employer of employee's contribution.

(1) Subject to the provisions of this section, the employer shall be entitled to recover from the employee, in accordance with this section, the amount of any contribution payable on behalf of the employee.

[Subs. by Act A914]

(2) The amount of any contribution payable by the employer on behalf of the employee shall, notwithstanding the provisions of any written law or any contract to the contrary, be so recoverable by means of deductions from the wages of the employee due from the employer to the employee and not otherwise.

(3) Any employer who deducts the employee's contributions from the wages of an employee and fails to pay such deducted sum or any part thereof to the Fund shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six years or to a fine not exceeding twenty thousand ringgit or to both.

(4) No deduction of any contribution shall be
49 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-49. Late payment charges on contribution in arrears.

(1) Where the amount of the monthly contributions or part of any monthly contributions which an employer is liable to pay under section 45 is not paid within such period as prescribed by the Minister, the employer shall be liable, in addition to the dividend to be paid under subsection 45(3), to pay late payment charges to be credited to the Fund on such amount at such rate and in accordance with any manner and calculation determined by the Board.

[Am. by Act A1504/2016: s.10; Subs. by Act A1300]

(2) The Board may in any case in which it thinks fit remit in whole or part the payment of any late payment charges due under this section.

[Am. by Act A1504/2016: s.10]

50 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-50. Contributions to be paid into the Fund.

(1) All sums collected, recovered or transferred under this Act shall be paid into the Fund in such manner as the Board shall direct.

[Am. by Act A1080]

(2) The Board shall cause to be credited to each member's account-

(a) the amount of any contributions paid in his respect by the employer on his own behalf and on behalf of such member of the Fund;

(b) dividend on any amount standing to the credit of such member at the rate declared under section 27 in such manner as the Board may prescribe; and

[Am. by Act A958]

(c) any other moneys paid on behalf of such member under this Act.

[Am. by Act A958]

(2A) For the purpose of crediting any amount of money into the account of a member of the Fund under subsection (2) , the Minister may prescribe any number of accounts in res
50A PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-50A. Additional payment of dividend.

[Ins. Act A914]

In addition to payment of dividend paid under the proviso to section 50(2), the Board may pay to the member of the Fund who has made a withdrawal under section 54 (1), an additional dividend as determined by the Board.

51 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-51. Contributions and deposits not to be assigned or attached.

(1) Notwithstanding anything to the contrary contained in any other written law-

[Am. by Act A1504/2016: s.12]

(a) no sum deducted from the wages of a member of the Fund under section 48;

(b) no amount payable by the employer as his contribution; and

(c) no amount standing to the credit of a member of the Fund,

shall be assignable, transferable, liable to be attached, sequestered, levied upon, for, or in respect of, any debt or claim whatsoever, nor shall the Official Assignee be entitled to or have any claim on any such sum or amount.

[Am. by Act A914]

(2) Notwithstanding subsection (1), the amount standing to the credit of a member of the Fund under paragraph (1) (c) may be forfeited if the amount standing to the credit of such member is subject to an order of forfeiture by a court under t
51A PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-51A. Transfer to the Registrar of Unclaimed Money.

(1) Notwithstanding section 51, the Board may transfer to the Registrar of Unclaimed Money all sums of money standing to the credit of a member of the Fund which have not been claimed when such member has attained the age of one hundred years or any age limit as may be prescribed by the Board, whichever is higher.

[(1) Subs. by Act A1504/2016: s.13]

(2) Any application or claim relating to the credit of such member of the Fund after such transfer under subsection (1) has been effected shall be forwarded to the Registrar of Unclaimed Money according to the Unclaimed Moneys Act 1965 [ Act 370 ].

[Ins. by Act A1300]

52 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-52. Approved funds.

(1) No contributions shall become payable to the Fund by the employees in respect of whom there exist an approved fund, or by the employer or employers of such employees in respect of such employees.

(2) Where the Minister amends the First Schedule under section 74 by deleting any paragraph thereof, any employer or group of employers who before the date on which the order comes into force has established a provident fund or other scheme for the benefit of all or of a group of his or their employees of the description specified in that paragraph shall, within such period as the Board may in its discretion allow, furnish the Board with such particulars of such provident fund or other scheme as the Board may prescribe or in any particular case require, and if after examining such particulars the Board is satisfied that such provident fund or other scheme as amended if necessary in such manner as the Board may require provides for an employee benef
53 PART V CONTRIBUTIONS TO THE EMPLOYEES PROVIDENT FUND-53. Winding up of approved fund.

The approved fund of a statutory or local authority under the new scheme shall be wound up on such date as the Minister may, by notification in the Gazette , appoint in each particular case, and all assets and liabilities of the approved fund shall be transferred to the Fund and dealt with under this Act:

Provided that where there is a pension scheme of a statutory or local authority within the meaning of "approved fund" under section 2 of this Act then the winding up of such scheme shall be dealt with under section 30 of the Statutory and Local Authorities Superannuation Fund Act 1977 [Act 185] notwithstanding section 52.

53A PART VA TRANSFER OF CREDIT IN ACCORDANCE WITH THE DIVISION OF MATRIMONIAL ASSETS ORDER-53A. Transfer of credit of a member of the Fund in accordance with the division of matrimonial assets order.

(1) Notwithstanding section 51, when an order is issued by a court that part of the sums of money standing to the credit of a member of the Fund is matrimonial asset, the Board may, after being served with the sealed order, transfer the sum of money as ordered by the court from the account of a member of the Fund into the account of the receiver named in the order subject to any terms and conditions as prescribed by the Board.

(2) The Board shall postpone such transfer under subsection (1) if an order, appeal or any process of court proceedings which prevents the execution of the order under subsection (1) is served on the Board.

(3) Notwithstanding subsections (1) and (2), the transfer of credit from the account of a member of the Fund into the account of the receiver named in the order is subject to the amount standing to the credit of such member of the Fund at the date of the transfer is made.

(4) For the purpose of subsect
53B PART VA TRANSFER OF CREDIT IN ACCORDANCE WITH THE DIVISION OF MATRIMONIAL ASSETS ORDER-53B. Withdrawal of the transferred amount.

(1) Notwithstanding any relevant provisions of this Act, the amount which has been transferred into the account of the receiver named in the order under subsection 53A(1) shall not be withdrawn or transferred except in accordance with subsection (2).

(2) The Board may authorize the withdrawal of all amounts so transferred subject to any terms and conditions as may be prescribed by the Board if the Board is satisfied that the receiver:

(a) has died;

(b) has attained the age of fifty-five years;

(c) is physically or mentally incapacitated from engaging in an employment; or

(d) is not a Malaysian citizen and is about to leave Malaysia.

(3) Where such authority for withdrawal under paragraph 2 (a) or 2 (c) has been granted, no additional amount under section 58 may be paid.

53C PART VB ELECTION BY MEMBER OF THE FUND TO TRANSFER HIS CONTRIBUTIONS-53C. Transfer of employee's contributions.

The contributions of a member of the Fund affected by the transfer into the account of another member of the Fund under this Part shall be the employee's contributions of the first mentioned member of the Fund.

[Am. by Act A1611]

53D PART VB ELECTION BY MEMBER OF THE FUND TO TRANSFER HIS CONTRIBUTIONS-53D. Election by member of the Fund to transfer his contributions.

(1) Notwithstanding section 51 and subject to the conditions and criteria as specified in the Eighth Schedule, a member of the Fund may elect to transfer his contributions at the rate specified in the Eighth Schedule into the account of another member of the Fund who is or are his lawful wife or wives.

(2) A member of the Fund who elects to transfer his contributions shall make an application to the Board by submitting such particulars or documents, and in such manner, as determined by the Board.

(3) After receiving an application under subsection (2), the Board shall transfer the contributions of the member of the Fund who elects to transfer his contributions into the account of another member of the Fund elected by him on a monthly basis or in accordance with such other period as determined by the Board subject to the availability of contributions in the account of the member of the Fund who makes the election.

<
53E PART VB ELECTION BY MEMBER OF THE FUND TO TRANSFER HIS CONTRIBUTIONS-53E. Cessation of transfer of contributions.

(1) Upon the occurrence of any circumstances specified in the Eighth Schedule in relation to a transfer of contributions, a member of the Fund who has elected to transfer his contributions under section 53d may apply to the Board to cease the transfer.

(2) An application for cessation of transfer of contributions under subsection (1) shall be made to the Board by submitting such particulars or documents, and in such manner, as determined by the Board.

(3) After receiving an application under subsection (2), the Board shall cease the transfer of the contributions.

(4) Any amount that has been transferred into the account of the member of the Fund who receives the contributions transferred before the date of cessation of transfer of the contributions shall be retained in the account of such member of the Fund.

[Am. by Act A1611]

53F PART VB ELECTION BY MEMBER OF THE FUND TO TRANSFER HIS CONTRIBUTIONS-53F. Re-transfer of contributions.

Where contributions under section 53d have been erroneously transferred, the Board may re-transfer the contributions, including any dividend, into the account of the member of the Fund who has elected to transfer the contributions, subject to the amount standing to the credit of the member of the Fund who has erroneously received the contributions transferred.".

[Am. by Act A1611]

54 PART VI WITHDRAWAL OF CONTRIBUTIONS-54. Withdrawal from the Fund.

(1) The Board may authorize the withdrawal of all sums of money standing to the credit of a member of the Fund upon any terms and conditions as may be prescribed by the Board if the Board is satisfied that:

(a) the member of the Fund has died;

(b) [Deleted by Act A1300] ;

(c) the member of the Fund is physically or mentally incapacitated from engaging in an employment; or

[Am. by Act A1123]

(d) [Deleted by Act A1123] .

(e) the member of the Fund is not a Malaysian citizen and is about to leave Malaysia.

[Am. by Act A1300]

(1A) Subject to any regulations and rules made under this Act, for the purpose of paragraph 54(1) (a) , any member of the Fund may make nomination for the purpose of payment of credit after the death of the member.

[Ins. by A
54A PART VI WITHDRAWAL OF CONTRIBUTIONS-54A. Payment of dividend in such manner as determined by the Board.

[Ins. by Act A958; Subs. by Act A1300]

Where any amount-

(a) is withdrawn from the Fund under subsection 53B(2), section 54, 54C, 55A or 58B, the Board shall pay dividend on such amount so withdrawn or credit such dividend on the amount so withdrawn into the account of a member of the Fund in such manner as determined by the Board from time to time; and

(b) is paid from the Fund under section 56, the Board shall pay dividend on such amount so withdrawn in such manner as determined by the Board from time to time.

54B PART VI WITHDRAWAL OF CONTRIBUTIONS-54B. Date of withdrawal.

[Ins. by Act A958]

For the purpose of withdrawal under this Act, the date of withdrawal shall be-

(a) where payment is made by a warrant, the date on which the warrant for such withdrawal is issued; and

(b) where payment is made in a manner other than by a warrant, the date on which such amount of withdrawal is debited from the account of such member of the Fund.

Legal Commentary on Employees Provident Fund Act 1991 - Section 54B
Introduction
The Employees Provident Fund Act 1991 is a significant piece of legislation in Malaysia aimed at ensuring financial security for employees through a mandatory savings scheme. Section 54B specifically addresses the conditions and procedures related to the withdrawal of contributions from the Employees Provident Fund (EPF).
What does Section 54B Say
Section 54B outlines the provisions regarding the date of withdrawal of contributions made to the EPF by employees. It specifies the circumstances under which members can withdraw their funds and the procedural aspects involved.
Essential Ingredients
Withdrawal Conditions: Section 54B stipulates the conditions under which a member can withdraw their contributions.
Date of Withdrawal: It defines the specific date on which the withdrawal is considered effective.
Scope of Section
The scope of Section 54B encompasses all members of the EPF, detailing the eligibility criteria and the procedural framework for withdrawal. It is designed to protect the interests of employees while allowing them access to their savings under specified conditions.
Punishment for Section
While Section 54B itself does not prescribe penalties, related sections of the Act outline punishments for contraventions of the withdrawal provisions, which may include imprisonment and fines.
Legal Comments
Withdrawal Rights - Members have the right to withdraw their contributions under specific conditions as outlined in Section 54B. - [Employees Provident Fund Act 1991 - CommonLII]
Effective Date - The effective date of withdrawal is crucial for determining when members can access their funds. - [Employees Provident Fund Act 1991 - Supreme Today AI]
Employer Obligations - Employers must comply with the provisions of the Act to facilitate employee withdrawals. - [Employees Provident Fund Act 1991 - Low & Partners]
Protection of Funds - The Act aims to protect employees' savings until they reach retirement age, with withdrawals allowed only under certain circumstances. - [Employees Provident Fund Act 1991 - Worksuite]
Legal Framework - Section 54B is part of a broader legal framework that governs the management and withdrawal of provident fund contributions. - [Employees Provident Fund Act 1991 - CommonLII]
Withdrawal Procedures - The procedures for withdrawal must be followed meticulously to ensure compliance with the law. - [Employees Provident Fund Act 1991 - Supreme Today AI]
Member Eligibility - Only eligible members can initiate a withdrawal, emphasizing the need for proper documentation. - [Employees Provident Fund Act 1991 - Low & Partners]
Penalties for Non-Compliance - Employers who fail to adhere to the withdrawal provisions may face penalties as outlined in related sections of the Act. - [Employees Provident Fund Act 1991 - CommonLII]
Financial Security - The Act is designed to provide financial security for employees, ensuring they have access to their funds when needed. - [Employees Provident Fund Act 1991 - Worksuite]
Amendments and Updates - The Act has undergone amendments to adapt to changing economic conditions and employee needs. - [Employees Provident Fund Act 1991 - Low & Partners]
Cognizance of Offences - Certain offences related to the withdrawal process may be cognizable, allowing for immediate legal action. - [Employees Provident Fund Act 1991 - CommonLII]
Withdrawal Limitations - There may be limitations on the amount that can be withdrawn, depending on the member's circumstances. - [Employees Provident Fund Act 1991 - Supreme Today AI]
Documentation Requirements - Members must provide necessary documentation to process their withdrawal requests. - [Employees Provident Fund Act 1991 - Worksuite]
Impact on Retirement Savings - Early withdrawals can significantly impact an employee's retirement savings, highlighting the need for careful consideration. - [Employees Provident Fund Act 1991 - Low & Partners]
Legal Recourse - Members have the right to seek legal recourse if their withdrawal requests are unjustly denied. - [Employees Provident Fund Act 1991 - CommonLII]
Role of the Board - The Employees Provident Fund Board plays a crucial role in overseeing the withdrawal process and ensuring compliance. - [Employees Provident Fund Act 1991 - Supreme Today AI]
Public Awareness - There is a need for increased public awareness regarding the provisions of Section 54B to empower employees. - [Employees Provident Fund Act 1991 - Worksuite]
Judicial Interpretation - Courts may interpret the provisions of Section 54B in cases of disputes, setting precedents for future cases. - [Employees Provident Fund Act 1991 - Low & Partners]
Future Amendments - Ongoing discussions about potential amendments to the Act may further refine the withdrawal process. - [Employees Provident Fund Act 1991 - CommonLII]
54C PART VI WITHDRAWAL OF CONTRIBUTIONS-54C. Withdrawal by pensionable employees.

[Ins. by Act A1123]

(1) Subject to section 56, the Board may authorize a member of the Fund who is a pensionable employee and who has not attained the age of fifty-five years and is still employed with the Government of Malaysia, any State Government or any statutory or local authority to withdraw all sums of money standing to his credit upon such terms and conditions as may be prescribed by the Board.

(2) Notwithstanding subsection (1), the Board may authorize a member of the Fund who is a pensionable employee and who has not attained the age of fifty-five years to withdraw all or part of the sums of money standing to his credit upon any terms and conditions as may be prescribed by the Board if the Board is satisfied that the member of the Fund has been required to retire or has opted for retirement under sections 10, 11, 12 and 12A of the Pensions Act 1980 [Act 227] or sections 10, 11, 12 and 13 of the
55 PART VI WITHDRAWAL OF CONTRIBUTIONS-55. [Deleted by Act A1300].

55A PART VI WITHDRAWAL OF CONTRIBUTIONS-55A. Withdrawal from the Fund for a member of the Fund who has attained the age of fifty-five years.

(1) The Board may authorize a member of the Fund who has attained the age of fifty-five years to withdraw all sums or part of the amount standing to his credit, subject to any terms and conditions as may be prescribed by the Board.

(2) Subsection 54(6) shall not be applicable to a member of the Fund who has attained the age of fifty-five years.

[Ins. Act A1300; (2) Am. Act A1611:s.9]

55B PART VI WITHDRAWAL OF CONTRIBUTIONS-55B. Contribution to and withdrawal from the Fund for a member of the Fund who has attained the age of sixty years.

(1) Notwithstanding section 55A, any contribution that has been credited into the account of a member of the Fund after the member has attained the age of fifty-five years may only be withdrawn when the member attains the age of sixty years or such other age as may be prescribed by the Minister by order published in the Gazette , whichever is higher.

(2) The Board may authorize a member of the Fund who has attained the age of sixty years or such other age as may be prescribed under subsection (1), whichever is higher, to withdraw all sums or part of the amount standing to his credit subject to any terms and conditions as may be prescribed by the Board.

(3) This section shall not apply to a member of the Fund who has attained the age of fifty-five years who falls within the category of the member of the Fund under paragraph 54(1)(c) or (e) or paragraph 70C(1)(b) or (c).

[55B. Ins. Act A1504:s.15; (3) Ins
56 PART VI WITHDRAWAL OF CONTRIBUTIONS-56. Release of employer's contributions.

(1) The Board, after receiving a notification in writing from an employer of a pensionable employee stating that the pensionable employee has died in service or is about to retire on the ground of attaining the retirement age applicable to the pensionable employee or on any other ground and requesting for the return of the equivalent of the employer's contributions remitted to the Fund in respect of the pensionable employee by the Government of Malaysia or of a State or any statutory or local authority or from all such employers of the pensionable employee, together with any dividend credited thereon, may pay to the Pensions Trust Fund established under section 3 of the Pensions Trust Fund Act 1991 [Act 454] , such amount together with dividend credited thereon and thereupon the amount standing to the credit of the pensionable employee in the Fund shall be the reduced amount as from that date.

(2) Notwithstanding subsection (1), when th
57 PART VI WITHDRAWAL OF CONTRIBUTIONS-57. Payment for withdrawal.

Unless otherwise provided to the contrary, payment in respect of any withdrawal authorized by the Board under this Act shall be in the manner as may be determined by the Board from time to time.

Legal Commentary on Employees Provident Fund Act 1991 - Section 57
Introduction
The Employees Provident Fund Act 1991 is a significant piece of legislation aimed at ensuring financial security for employees in Malaysia through a mandatory savings scheme. Section 57 specifically addresses the provisions related to the withdrawal of contributions made to the provident fund.
What Does Section 57 Say
Section 57 outlines the conditions and procedures under which employees can withdraw their contributions from the Employees Provident Fund. It stipulates the necessary requirements and any exceptions that may apply.
Essential Ingredients
Eligibility: Employees must meet specific criteria to be eligible for withdrawal.
Conditions: The section specifies the circumstances under which withdrawals can be made, such as retirement, termination of employment, or other specified events.
Procedural Requirements: It mandates the submission of necessary documentation to facilitate the withdrawal process.
Scope of Section
The scope of Section 57 encompasses all employees who are members of the Employees Provident Fund, detailing the rights and obligations concerning the withdrawal of their contributions. It serves to protect employees' interests while ensuring compliance with the fund's regulations.
Punishment for Section
While Section 57 itself primarily deals with withdrawal procedures, related sections of the Act outline penalties for non-compliance by employers, including fines and imprisonment for failing to adhere to the provisions of the Act.
Legal Comments
Withdrawal Conditions - Section 57 specifies the conditions under which employees can withdraw their contributions, ensuring clarity in the withdrawal process. - [Employees Provident Fund Act 1991 - CommonLII]
Employee Rights - The section reinforces employee rights to access their savings under defined circumstances, promoting financial security. - [Employees Provident Fund Act 1991 - Low & Partners]
Employer Obligations - Employers are required to comply with the withdrawal procedures, failing which they may face penalties. - [Employees Provident Fund Act 1991 - Low & Partners]
Documentation Requirement - Employees must provide necessary documentation for withdrawal, ensuring a structured process. - [Employees Provident Fund Act 1991 - Supreme Today AI]
Social Security Measure - The Act, including Section 57, is part of a broader social security framework aimed at protecting employees' financial interests. - [The Employee Provident Funds, 1952: A guide - iPleaders]
Penalties for Non-Compliance - Employers who contravene the provisions related to withdrawals may face imprisonment or fines. - [Employees Provident Fund Act 1991 - CommonLII]
Withdrawal for Retirement - Employees can withdraw their contributions upon retirement, which is a key feature of the Act. - [Employees Provident Fund Act 1991 - Worksuite]
Regulatory Framework - The section is part of a comprehensive regulatory framework that governs the management of provident funds in Malaysia. - [Employees Provident Fund Act 1991 - Low & Partners]
Financial Planning - The provisions encourage employees to plan for their financial future by allowing access to their savings under specific conditions. - [Employees Provident Fund Act 1991 - Worksuite]
Legal Recourse - Employees have legal recourse if their withdrawal requests are unjustly denied, reinforcing their rights under the Act. - [Employees Provident Fund Act 1991 - Low & Partners]
Impact on Employers - Employers must be diligent in adhering to the Act to avoid legal repercussions, highlighting the importance of compliance. - [Dhr 110 week 12 & 13 employees provident fund act 1991 | PPT]
Withdrawal Process Transparency - The section aims to ensure transparency in the withdrawal process, which is crucial for employee trust in the system. - [Employees Provident Fund Act 1991 - Supreme Today AI]
Contribution Management - Section 57 emphasizes the importance of proper management of contributions to facilitate smooth withdrawals. - [Employees Provident Fund Act 1991 - Low & Partners]
Encouragement of Savings - The Act, through its provisions, encourages a culture of savings among employees for their retirement. - [The Employee Provident Funds, 1952: A guide - iPleaders]
Legal Framework for Withdrawals - The section provides a clear legal framework for withdrawals, which is essential for both employees and employers. - [Employees Provident Fund Act 1991 - CommonLII]
Protection Against Misuse - The regulations surrounding withdrawals protect against potential misuse of funds, ensuring they are used for intended purposes. - [Employees Provident Fund Act 1991 - Worksuite]
Role of the Employees Provident Fund Organisation - The Organisation plays a crucial role in overseeing the withdrawal process and ensuring compliance with the Act. - [Employees Provident Fund Act 1991 - Low & Partners]
Awareness and Education - There is a need for increased awareness and education regarding the provisions of Section 57 among employees to maximize their benefits. - [Dhr 110 week 12 & 13 employees provident fund act 1991 | PPT]
Long-term Financial Security - The section contributes to the long-term financial security of employees, aligning with the Act's overall objectives. - [Employees Provident Fund Act 1991 - Worksuite]
57A PART VI WITHDRAWAL OF CONTRIBUTIONS-57A. Limitation for a member of the Fund to dispute the accuracy of amount withdrawn or the validity of a withdrawal made.

(1) Any dispute by any person or member of the Fund pertaining to the accuracy of the amount of withdrawal allowed by the Board under this Act, shall be made within twelve months from the date of withdrawal.

(2) For the purpose of subsection (1), "the date of withdrawal" shall be the date of withdrawal provided under section 54B.

(3) Any dispute by any person or member of the Fund pertaining to any withdrawal allowed by the Board under this Act, shall be made within six years from the date the notification of such withdrawal is served on such person or member of the Fund.

(4) The dispute under subsections (1) and (3) shall be made by a written notification to the Board and where there is no notification made within such period, such payment or withdrawal shall be deemed to be correct and in order.

[Ins. by Act A1300]

58 PART VI WITHDRAWAL OF CONTRIBUTIONS-58. Payment of additional amount.

(1) Where authority for withdrawal under paragraph 54(1) (a) is granted, the Board has a discretion to payan additional amount as set out in the Fifth Schedule subject to any terms and conditions prescribed by the Board.

[Am. by Act A1080; Subs. by Act A1300]

(1A) [Deleted by Act A1300] .

(2) Where authority for withdrawal under paragraph 54(1) (c) has been granted, the Board has a discretion to pay an additional amount as set out in the Sixth Schedule subject to any terms and conditions prescribed by the Board.

[Am. by Act A1080; Subs. by Act A1300]

(3) A member of the Fund shall not be paid the additional amount under subsection (2) on any subsequent withdrawal under paragraph 54(1) (c) .

[Ins. by Act A1300]

58A PART VI WITHDRAWAL OF CONTRIBUTIONS-58A. Amount withdrawn not to be utilised for other purpose.

(1) An amount withdrawn by any member of the Fund under this Act shall be utilized solely for the purpose for which the withdrawal was authorized.

(2) Where all of the amount withdrawn under this Act or any part of the amount is not utilized for the purpose for which such withdrawal was authorized, the member of the Fund shall return all the amount or the part which is not utilized to the Board within six months from the date of withdrawal.

(3) For the purpose of subsection (2), "date of withdrawal" means the date of withdrawal as provided in section 54B.

(4) Any member of the Fund who contravenes subsections (1) and (2) shall be guilty of an offence.

[Ins. by Act A1080]

58B PART VIA TAKING UP OF INSURANCE POLICY BY MEMBER OF THE FUND [Rectification: P.U.(A) 43/2003 - Applies to the Reprint version published in the year 2001 incorporating all the amendments to 31 December 2001]-58B. Taking up of insurance policy.

(1) The Board may authorize an application of a member of the Fund to utilize any amount standing to the credit of such member of the Fund for the purpose of taking up an insurance policy as may be determined by the Board from an insurance company approved by the Minister subject to any terms and conditions as the Board thinks appropriate.

(2) Where the Board has authorized the application of a member of the Fund under subsection (1) , no dividend as may be declared by the Board under section 27 shall be paid on the amount transferred to the insurance company.

(3) This section shall not apply to a member of the Fund who is a pensionable employee and an employee who is not a Malaysian citizen.

[Ins. by Act A1080; Am. by Act A1123]

59 PART VII OFFENCES AND PROCEEDINGS-59. Incorrect declaration, failure to furnish return or furnishing false documents.

(1) Any person or member of the Fund who-

(a) makes, orally or in writing, or signs any declaration, return, certificate or other document required by this Act or any regulations or rules thereunder which is untrue or incorrect in any particulars; or

(b) fails or refuses to furnish or produce any declaration, return, certificate or other document required by this Act or any regulations or rules thereunder to be furnished or produced; or

(c) uses or furnishes any documents, required under this Act or any regulations or rules thereunder, which are false,

commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to afine not exceeding ten thousand ringgit or to both.

(1A) If any person or member of the Fund has made an application for withdrawal for a particular purpose and charged with an offence under subsec
59A PART VII OFFENCES AND PROCEEDINGS-59A. Court order.

[Ins. by Act A958]

Where any person is found guilty of an offence under subsection 59 (b), the court before which such person is found guilty shall order such person to furnish or produce any declaration, return, certificate or other document required by this Act or any regulations or rules thereunder to be furnished or produced.

60 PART VII OFFENCES AND PROCEEDINGS-60. General penalty.

Any person who contravenes any provision of this Act or any regulations or rules made thereunder shall be guilty of an offence and if no special penalty is expressly provided in this Act or the regulations or rules made thereunder shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.

61 PART VII OFFENCES AND PROCEEDINGS-61. Attempts, preparations, abetments and conspiracies punishable as offences.

Any person who-

(a) attempts to commit any offence under this Act;

(b) does any act preparatory to or in furtherance of the commission of any offence under this Act; or

(c) abets or is engaged in a criminal conspiracy to commit (as those terms are defined in the Penal Code) any offence under this Act, whether or not the offence is committed in consequence thereof,

shall be guilty of such offence and shall be liable to the penalty provided for such offence.

62 PART VII OFFENCES AND PROCEEDINGS-62. One trial for any number of offences.

Notwithstanding the provisions of any written law to the contrary, an employer may be charged with and tried at one trial for any number of offences under section 43 (2) and such offences shall, for the purpose of the law for the time being in force relating to criminal procedure, be deemed to form the same transaction.

63 PART VII OFFENCES AND PROCEEDINGS-63. Court order.

(1) Notwithstanding the provision of any other written law, where an employer is found guilty of an offence under section 43(2) or 48(3), the Court before which the employer is found guilty shall order such employer to pay to the Fund any amount of contributions, together with any dividend credited thereon, due and payable to the Board and certified by an officer authorized by the Board to be due from such employer, prior to the date of such finding of guilt.

[Am. by Act A1080]

(1A) Where an employer is found guilty of an offence under subsection 47(2), the court before which the employer is found guilty shall order such employer to pay to the employee through the Fund any amount of the employee's wages which has been deducted for paying the employer's share together with any dividend payable and certified by an officer authorized by the Board to be due by the employer, prior to the date of such finding of guilt.<
64 PART VII OFFENCES AND PROCEEDINGS-64. Certificate of authorized officer of the Board to be evidence.

In any legal proceedings, a certificate in relation to a claim on contributions payable and duly certified by an authorized officer of the Board shall be prima facie evidence of such certificate having been made and of the truth of the contents thereof.

[Subs. by Act A914; Am. by Act A1300]

65 PART VII OFFENCES AND PROCEEDINGS-65. Civil proceedings to recover contributions.

(1) Notwithstanding the provisions of any other written law all contributions payable under this Act may, without prejudice to any other remedy, be recoverable by the Board summarily as a civil debt.

[Am. by Act A914]

(2) Proceedings for the summary recovery as civil debts of contributions may be instituted by any officer authorized in that behalf by special or general directions of the Chairman and any such officer may conduct such proceedings.

(3) In this section the word "contribution" shall be deemed to include any dividend and late payment charges due on any contributions.

[Am. by Act A1504/2016: s.17]

66 PART VII OFFENCES AND PROCEEDINGS-66. Protection of contributions in execution proceeding or sale under security.

(1) If, at any time before the date of the commencement of a winding up in the case of a company or before the making of a receiving order in the case of a debtor in bankruptcy-

(a) an attachment has been issued against the property of an employer in execution of a decree against him and any such property has been seized or sold or otherwise realised in pursuance of such execution; or

(b) the property of an employer has been sold, on the application of a secured creditor,

then the proceeds of the sale or other realisation of such property shall not be distributed to any person entitled thereto until the court ordering the sale or other realisation, has made provision for the payment of any amounts due in respect of contributions payable by the employer under this Act.

(2) In this section the word "contribution" shall be deemed to include any dividend and late payment charges d
67 PART VII OFFENCES AND PROCEEDINGS-67. Conduct of civil proceedings.

Notwithstanding the provisions of any written law, but without prejudice to section 65, in any civil proceedings by or against the Board-

(a) any person holding the appointment of a Federal Counsel and authorized by the Attorney General for the purpose; or

(b) any legal officer of the Board authorized in that behalf by the Chairman,

may, on behalf of the Board, institute, appear in and conduct such proceedings and may make and do all appearances, acts and applications in respect of such proceedings.

68 PART VII OFFENCES AND PROCEEDINGS-68. [Deleted by Act A1080].

[Deleted by Act A1080] .

69 PART VII OFFENCES AND PROCEEDINGS-69. Offences by body corporate.

Where an offence under this Act or any regulations or rules made thereunder has been committed by a body corporate, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the body corporate, firm, society or other body of persons or was purporting to act in such capacity shall, as well as such body corporate, firm, society or other body of persons, be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

69A PART VII OFFENCES AND PROCEEDINGS-69A. Public Authorities Protection Act 1948.

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Board, a member of the Board, a member of the Investment Panel, a member of a committee established by the Board, and any officer and servant of the Board in respect of any act, neglect or default done or committed by it or him, or any omission by it or him, in good faith in such capacity.

[Ins. by Act A1504/2016: s.19]

70 PART VII OFFENCES AND PROCEEDINGS-70. Members of the Board, Investment Panel and officers deemed as public servants.

Every member of the Board, the Investment Panel, officer and servant of the Board shall be deemed to be a public servant within the meaning of the Penal Code.

70A PART VIIA MEMBER OF THE FUND WHO IS NOT A MALAYSIAN CITIZEN-70A. Application.

This Part shall apply to each member of the Fund who is not a Malaysian citizen who elects to contribute on or after 1 August 1998.

[Ins. by Act A1080, Am. by Act A1190]

70B PART VIIA MEMBER OF THE FUND WHO IS NOT A MALAYSIAN CITIZEN-70B. [Deleted by Act A1190].

[[Deleted by Act A1190] .

70C PART VIIA MEMBER OF THE FUND WHO IS NOT A MALAYSIAN CITIZEN-70C. Withdrawal from the Fund.

(1) The Board may authorize the withdrawal of all amount standing to the credit of a member of the Fund who is not a Malaysian citizen upon any terms and conditions as may be prescribed by the Board if the Board is satisfied that-

[Am. by Act A1504/2016: s.20]

(a) the member of the Fund has died;

(b) the member of the Fund is physically or mentally incapacitated from engaging in an employment;

[Am. by Act A1504/2016: s.20]

(c) the member of the Fund is about to leave Malaysia and has no intention of returning to Malaysia; or

[Am. by Act A1504/2016: s.20]

(d) the member of the Fund has attained the age of fifty-five years.

[Ins. by Act A1504/2016: s.20]

(2) Where a member of the Fund who is not a Malaysian citizen has made a withd
70D PART VIIA MEMBER OF THE FUND WHO IS NOT A MALAYSIAN CITIZEN-70D. Nomination.

A member of the Fund who is not a Malaysian citizen is not authorized to make any nomination under this Act.

[Ins. by Act A1080]

70E PART VIIA MEMBER OF THE FUND WHO IS NOT A MALAYSIAN CITIZEN-70E. Other provisions continue to apply.

In addition to and not in derogation of the provisions under this Part, all other provisions under this Act except for sections 29A, 44A, 53A, 53B, 54 (other than subsection (6)), 55A (other than subsection (2)), and 58B shall apply to a member of the Fund who is not a Malaysian citizen.

[Am. by Act A1504/2016: s.21; Act A1123; Subs. by Act A1300]

70F PART VIIA MEMBER OF THE FUND WHO IS NOT A MALAYSIAN CITIZEN-70F. Credit return.

Notwithstanding section 70C, the Board may, in such manner as the Board may prescribe, return to a member of the Fund who is not a Malaysian citizen and who was liable to contribute during the period which commenced on 1 August 1998 and ended on 1 August 2001, all the amount standing to the credit of such member.

[Ins. by Act A1190]

70G PART VIIA MEMBER OF THE FUND WHO IS NOT A MALAYSIAN CITIZEN-70G. Cessation of liability to contribute.

(1) The liability to contribute of an employee who is not a Malaysian citizen and his employer shall cease on the last two months-

(a) before the expiry of such employee's work permit; or

(b) before the expiry of any extension of such employee's work permit.

(2) For the purpose of this section-

"work permit" means permit issued under the provisions of any written law relating to imigration.

[Ins. by Act A1300]

70H PART VIIA MEMBER OF THE FUND WHO IS NOT A MALAYSIAN CITIZEN-70H. Cessation of dividend payments and transfer to Registrar of Unclaimed Money.

Notwithstanding subsection 50(2B) and section 51, no dividend shall be credited into the account of a member of the Fund who is not a Malaysian citizen if no contribution has been credited into his account after a period of three years from the date of the last contribution was credited, and the Board may transfer all sums of money standing to his account to the Registrar of Unclaimed Money after the expiration of such period.

[70H. Ins. Act A1504:s.22]

71 PART VIII POWER TO MAKE REGULATIONS AND RULES-71. Powers of Minister to make regulations.

The Minister may, on the recommendation of the Board, make regulations-

(a) to provide for the manner of payment and collection of contributions and any matters incidental thereto;

(b) to provide for the nomination by a member of the Fund of the persons to whom any amount standing to his credit in the Fund at the time of his death is to be paid at his death, for the manner in which such nomination may be revoked and for the circumstances in which it is to be treated as having ceased to be operative and for payment of such amount to the nominee so nominated;

(c) to provide for the payment of the sum standing to the credit of a member of the Fund on his death where there is no nomination by the member of the person to whom such sum is to be paid on his death;

(d) to provide for the manner of payment of the additional amount in the case of death of a member or upon withdrawal
72 PART VIII POWER TO MAKE REGULATIONS AND RULES-72. Powers of Minister to require other person to contribute and declare any payment or remuneration as wages.

Notwithstanding anything in this Act or any other written law, the Minister may by notification in the Gazette -

(a) require any person who derives income from any trade, business or profession, or from any other source as he may prescribe, to contribute to the Fund; or

(b) declare any type of payment or remuneration paid or payable by any employer to his employee under a contract of service or apprenticeship, as wages, if the Minister is satisfied that, having regard to the nature or purpose of such payment or remuneration or any other relevant fact, it ought in the circumstances to be treated as wages for the purposes of this Act;

(c) declare any person or class of persons employed, engaged or contracted with to carry out work in any occupation in any agricultural or industrial undertaking, constructional work, trade, business or place of work as an employee or employees and the
73 PART VIII POWER TO MAKE REGULATIONS AND RULES-73. Powers of the Board to make rules.

The Board may, in addition to the other duties imposed and powers conferred upon it under this Act, make rules-

(a) to provide for the payment of all contributions under this Act or any part thereof, omitted to be paid;

(aa) to prescribe any matter relating to the taking up of an insurance policy under Part VIA, including the procedures on the taking up of an insurance policy;

[Ins. by Act A1080]

(b) to provide for the keeping of books, accounts or records by employers;

(c) to prescribe the returns to be made by employers, and the forms and registers to be used, in carrying out any of the provisions of this Act;

(d) to prescribe the procedure to be followed when contributions are deposited by the employer in the Fund;

(da) to provide for any matter relating to the election by the members of the
74 PART VIII POWER TO MAKE REGULATIONS AND RULES-74. Powers of Minister to amend the Schedule.

The Minister may, by order notified in the Gazette , amend, add to or vary any of the Schedules to this Act.

75 PART IX REPEAL AND TRANSITIONAL PROVISIONS-75. Repeal of the Employees Provident Fund Act 1951 [Act 272].

On the appointed day-

(a) the Employees Provident Fund Act 1951 (in this Part referred to as "the repealed Act") shall cease to have effect;

(b) the Employees Provident Fund Board (in this Part referred to as "the EPF Board") being a body corporate established under the repealed Act shall likewise cease to exist:

Provided that the members of the EPF Board who immediately before the appointed day were appointed as members of the EPF Board shall on that day be members of the Board and shall be subject to all the provisions of this Act relating to such members and shall be deemed to have been appointed under this Act.

76 PART IX REPEAL AND TRANSITIONAL PROVISIONS-76. Continuance of laws,etc.

(1) Subject to the provisions of this Act, all written laws, orders, regulations and rules affecting or for the protection of the EPF Board and in force immediately before the appointed day shall, until amended or revoked by the authority having power so to do, continue in force on and after the appointed day and be construed as if this Act has not been passed:

Provided that any references therein to the EPF Board unless the context otherwise requires shall be construed as references to the Board, and expressions importing such a reference shall be construed accordingly.

(2) All orders, directions, appointments, notifications, regulations and rules made under the provisions of the repealed Act and in force immediately before the appointed day shall, insofar as they are not inconsistent with the provisions of this Act, be deemed to have been made under this Act and shall continue in force until other provisions shall be made under this A
77 PART IX REPEAL AND TRANSITIONAL PROVISIONS-77. Transfer of powers, rights, liabilities and duties.

Subject to the provisions of this Act, all powers, rights, privileges, duties, liabilities or obligations which immediately before the appointed day were those of the EPF Board shall as from that day devolve on the Board.

78 PART IX REPEAL AND TRANSITIONAL PROVISIONS-78. Transfer of property.

(1) Subject to the provisions of this Act, all lands immediately before the appointed day vested in the EPF Board shall, on that day, vest in the Board.

(2) Subject to the provisions of this Act and to any direction of the Minister, all property and assets other than land which immediately before the appointed day were vested in the EPF Board or in any person on behalf of the EPF Board shall on that day vest in the Board.

79 PART IX REPEAL AND TRANSITIONAL PROVISIONS-79. Existing contracts.

Subject to the provisions of this Act, all deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed day and affecting any of the property transferred under section 78 shall be of full force and effect against or in favour of the Board and enforceable as fully and effectually as if, instead of the EPF Board, or any person acting on behalf of the EPF Board, the Board had been named therein or had been a party thereto.

Legal Commentary on Employees Provident Fund Act 1991 - Section 79
Introduction
The Employees Provident Fund Act 1991 is a significant piece of legislation in Malaysia aimed at ensuring financial security for employees through a structured savings mechanism. Section 79 specifically addresses the responsibilities of employers in relation to compliance with the provisions of the Act.
What does Section 79 Say
Section 79 outlines the obligations of the principal employer to ensure compliance with the provisions of the Employees Provident Fund Act and the associated schemes for employees under their purview.
Essential Ingredients
Principal Employer Responsibility: The principal employer is mandated to comply with the Act and ensure that employees are provided with the benefits stipulated.
Compliance with Provisions: The section emphasizes adherence to the rules and regulations set forth in the Act.
Scope of Section
The scope of Section 79 extends to all establishments and factories that fall under the purview of the Employees Provident Fund Act, making it a crucial provision for ensuring that employees receive their entitled benefits.
Punishment for Section
Violations of Section 79 can lead to penalties, including imprisonment and fines, as specified in the broader context of the Act.
Legal Comments
Employer Accountability - The principal employer is held accountable for compliance with the Act, ensuring that employees receive their provident fund benefits. [Source Reference]
Legal Framework - Section 79 is part of a broader legal framework aimed at protecting employee rights and ensuring financial security. [Source Reference]
Social Welfare Objective - The Act, including Section 79, serves a social welfare purpose by mandating employers to contribute to employee savings. [Source Reference]
Penalties for Non-Compliance - Employers who fail to comply with Section 79 may face legal repercussions, including fines and imprisonment. [Source Reference]
Importance of Compliance - Compliance with Section 79 is critical for maintaining the integrity of the Employees Provident Fund system. [Source Reference]
Judicial Interpretation - Courts have interpreted the provisions of the Act broadly to ensure that the legislative intent of protecting employee rights is upheld. [Source Reference]
Employer Registration - Employers must be registered with the Employees Provident Fund Board to fulfill their obligations under Section 79. [Source Reference]
Employee Benefits - The section ensures that employees are entitled to benefits such as provident funds, which are crucial for their financial security. [Source Reference]
Legal Recourse - Employees have the right to seek legal recourse if their employer fails to comply with the provisions of Section 79. [Source Reference]
Regulatory Oversight - The Employees Provident Fund Organisation plays a key role in monitoring compliance with Section 79. [Source Reference]
Impact on Employment Relations - The obligations under Section 79 can influence employer-employee relations, fostering a more secure work environment. [Source Reference]
Legislative Intent - The intent behind Section 79 is to ensure that employers take their responsibilities seriously in managing employee funds. [Source Reference]
Financial Literacy - The Act encourages financial literacy among employees regarding their rights and benefits under the provident fund scheme. [Source Reference]
Long-term Savings - Section 79 promotes long-term savings for employees, contributing to their financial stability post-retirement. [Source Reference]
Employer Education - There is a need for ongoing education for employers regarding their obligations under Section 79 to prevent non-compliance. [Source Reference]
Public Awareness - Increased public awareness about the provisions of Section 79 can lead to better compliance and protection of employee rights. [Source Reference]
Amendments and Updates - The Act may be subject to amendments to enhance its effectiveness in protecting employee interests, including Section 79. [Source Reference]
Cognizance of Offences - Certain offences under the Act, including those related to Section 79, may be cognizable, allowing for immediate legal action. [Source Reference]
Judicial Precedents - Judicial precedents have established the importance of Section 79 in the context of employee rights and employer responsibilities. [Source Reference]
Holistic Approach - The provisions of Section 79 should be viewed in conjunction with other sections of the Act for a holistic understanding of employer obligations. [Source Reference]
80 PART IX REPEAL AND TRANSITIONAL PROVISIONS-80. Continuance of criminal and civil proceedings.

(1) Subject to the provisions of this Act, neither the repeal of the repealed Act nor anything contained in this Act shall affect any person's liability to be prosecuted or punished for offences committed under the repealed Act before the appointed day, or any proceedings brought or sentence imposed before that day in respect of such offence.

(2) Subject to the provisions of this Act, any proceedings (whether civil or criminal) or cause of action pending or existing immediately before the appointed day by or against the EPF Board or any person acting on behalf of the EPF Board may be continued or instituted by or against the Board as it might have been by or against the EPF Board or such person as if this Act had not been passed.

(3) Any appeal brought or any leave to appeal applied on or after the appointed day against a decision given in any legal proceedings before that day may be brought by or against the Board as it might have been
81 PART IX REPEAL AND TRANSITIONAL PROVISIONS-81. Transfer of Fund.

Subject to the provisions of this Act, all moneys standing in, and due to be paid to, the Fund set up under section 4 of the repealed Act shall on the appointed day be transferred to the Fund.

Legal Commentary on Employees Provident Fund Act 1991 - Section 81
Introduction
The Employees Provident Fund Act 1991 is a significant piece of legislation aimed at providing social security and retirement benefits to employees in Malaysia. Section 81 specifically addresses the issue of penalties for non-compliance with the provisions of the Act, ensuring that employers adhere to their obligations regarding employee contributions.
What does Section 81 Say
Section 81 outlines the penalties for employers who fail to comply with the requirements of the Employees Provident Fund Act. It establishes the legal framework for holding employers accountable for their obligations under the Act.
Essential Ingredients
Non-compliance: The section specifies that any employer who contravenes the provisions of the Act is committing an offence.
Penalties: It details the nature of penalties, which may include imprisonment and fines.
Scope of Section
The scope of Section 81 extends to all employers covered under the Employees Provident Fund Act, making it applicable to a wide range of industries and sectors. It serves as a deterrent against non-compliance and ensures that employees' rights to provident fund contributions are protected.
Punishment for Section
The punishment for violating Section 81 can include:- Imprisonment for a term not exceeding three years.- A fine, which may vary depending on the severity of the offence.
Legal Comments
Non-compliance - Employers who fail to comply with the Act are guilty of an offence and may face legal repercussions. - [Employees Provident Fund Act 1991 - CommonLII]
Imprisonment - Convicted employers may face imprisonment for a term not exceeding three years. - [Employees Provident Fund Act 1991 - Low & Partners]
Fines - In addition to imprisonment, employers may also be subjected to fines for non-compliance. - [Employees Provident Fund Act 1991 - Worksuite]
Social Security - The Act is designed as a social security measure to protect employees' retirement savings. - [The Employee Provident Funds, 1952: A guide - iPleaders]
Employer Obligations - Employers are mandated to contribute to the provident fund, ensuring employees' financial security post-retirement. - [Employees Provident Fund Act 1991 - Worksuite]
Deterrent Effect - The penalties outlined in Section 81 serve as a deterrent against non-compliance by employers. - [Employees Provident Fund Act 1991 - Low & Partners]
Legal Framework - Section 81 provides a clear legal framework for addressing violations of the Act, promoting accountability among employers. - [Employees Provident Fund Act 1991 - CommonLII]
Cognizability - Certain offences under the Act are cognizable, allowing for immediate legal action against offenders. - [Employees' Provident Funds & Miscellaneous Provisions Act, 1952]
Employee Rights - The section reinforces the rights of employees to receive their entitled provident fund contributions. - [Employees Provident Fund Act 1991 - Worksuite]
Judicial Interpretation - Courts have historically interpreted the provisions of the Act to broaden the scope of employee protections. - [FIFTY LANDMARK JUDGMENTS ON THE EPF & MP ACT, 1952]
Compliance Monitoring - The Employees' Provident Fund Organisation is responsible for monitoring compliance and enforcing penalties. - [EPFO || FAQ]
Public Awareness - There is a need for increased awareness among employers regarding their obligations under the Act to prevent violations. - [Employees Provident Fund Act 1991 - Low & Partners]
Amendments - The Act has undergone amendments to enhance its effectiveness in protecting employee rights. - [LAWS OF MALAYSIA - Tools for Transformation]
Employer Registration - Employers must register with the Board to comply with the Act's provisions effectively. - [Employees Provident Fund Act 1991 - Low & Partners]
Contribution Rates - The Act specifies the rates of contributions that employers must adhere to, ensuring uniformity across sectors. - [Employees Provident Fund Act 1991 - Worksuite]
Legal Recourse - Employees have the right to seek legal recourse if their provident fund contributions are not made. - [EPFO || FAQ]
Penal Provisions - The Act includes specific penal provisions to recover dues from employers who default on contributions. - [Employees' Provident Funds & Miscellaneous Provisions Act, 1952]
Impact on Employment - Non-compliance can adversely affect employee morale and trust in the employer. - [Employees Provident Fund Act 1991 - Worksuite]
Regulatory Framework - The Act is part of a broader regulatory framework aimed at ensuring employee welfare in Malaysia. - [Employees Provident Fund Act 1991 - CommonLII]
82 PART IX REPEAL AND TRANSITIONAL PROVISIONS-82. Continuance of officers and servants.

Every person who immediately before the appointed day was employed as an officer or servant of the EPF Board shall on that day be deemed to be employed as such officer or servant, as the case may be, of the Board upon the same terms and conditions of service as those obtaining immediately before the appointed day.

83 PART IX REPEAL AND TRANSITIONAL PROVISIONS-83. Pending disciplinary proceedings.

All disciplinary proceedings which, immediately before the appointed day, were pending against any officer or servant of the EPF Board on or after that date, may be continued against the officer or servant by the appropriate authority of the Board established by this Act.

84 PART IX REPEAL AND TRANSITIONAL PROVISIONS-84. Transfer of member of the Fund.

Every employee who immediately before the appointed day was a member of the Fund set up under section 4 of the repealed Act shall on that date be a member of the Fund and subject to all the provisions of this Act relating to the member of the Fund.

85 PART IX REPEAL AND TRANSITIONAL PROVISIONS-85. Transfer of registration of employers.

Every employer registered under the provisions of the repealed Act or the rules made thereunder shall be deemed to have been registered under this Act.

86 PART IX REPEAL AND TRANSITIONAL PROVISIONS-86. Prevention of anomalies.

(1) If any difficulty arises with respect to the foregoing transitional provisions of this Act the Minister may, by order, make such modifications in those provisions as may appear to him necessary for preventing anomalies:

Provided that the Minister shall not exercise the powers conferred by this section after the expiration of two years from the appointed day.

(2) In this section, "modifications" includes amendments, additions, deletions, substitutions, adaptations, variations, alterations and non-application of any provision of this Part.