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

(1) This Act may be cited as the Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

(2) This Act shall apply throughout Malaysia; however the Minister may by order suspend the operation of the whole or any of the provisions of this Act in any part of Malaysia.

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act, unless the context otherwise requires:

"accreditation" means a procedure by which the Lembaga or any person authorized by it gives formal recognition that a body or person is competent to carry out a specific task relating to the construction industry;

"this Act" includes any subsidiary legislation made under this Act;

"member" means a member of the Lembaga including the Chairman;

"construction material" means any type, size and nature of material, initial, temporary, intermediate or finished, whether manufactured locally or imported used for the purposes of construction industry;

"building" means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, roof, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty,

3 PART II THE LEMBAGA-3. The Lembaga.

There is hereby established a body corporate by the name of "Lembaga Pembangunan Industri Pembinaan Malaysia", which may be referred to for all purposes by the acronym "CIDB", which shall have perpetual succession and a common seal, 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 Lembaga upon such terms as it deems fit.

[3. Am. Act A1407:s.3]

4 PART II THE LEMBAGA-4. Functions of the Lembaga.

(1) The functions of the Lembaga shall be:

(a) to promote and stimulate the development, improvement and expansion of the construction industry;

(b) to advise and make recommendations to the Federal Government and the State Government on matters affecting or connected with the construction industry;

(c) to promote, stimulate and undertake research into any matter relating to the construction industry;

(d) to promote, stimulate and assist in the export of service relating to the construction industry;

(e) to provide consultancy and advisory services with respect to the construction industry;

(f) to promote and encourage quality assurance in the construction industry;

(g) to regulate the conformance of standards for construction workmanship and materials;

(h) to obtain, publish, initiate and maintain informa

5 PART II THE LEMBAGA-5. Membership of the Lembaga.

(1) The Lembaga shall consist of the following members:

(a) a Chairman;

(b) six representatives from the private sector; and

(c) four representatives who shall hold office in the public services,

who shall be appointed by the Minister.

(2) The provisions of the First Schedule shall apply to the Lembaga.

6 PART II THE LEMBAGA-6. Public servants.

All members, officers and servants of the Lembaga, while discharging their duties as such members, officers and servants, shall be deemed to be public servants within the meaning of the Penal Code.

7 PART II THE LEMBAGA-7. Power of the Minister to give directions.

The Lembaga shall be responsible to the Minister, and the Minister may, from time to time, give directions not inconsistent with this Act and the Lembaga shall, as soon as possible, give effect to all such directions.

8 PART II THE LEMBAGA-8. Returns, reports, accounts and information.

(1) The Lembaga shall furnish to the Minister, and such public authority as may be directed by the Minister, such returns, accounts and information with respect to its property and activities as the Minister may, from time to time require or direct.

(2) Without prejudice to the generality of subsection (1), the Lembaga shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister and, if so directed by the Minister, to any other public authority a report dealing with the activities of the Lembaga during the preceding financial year and the report shall be in such form and shall contain such information relating to the proceedings and policy of the Lembaga as the Minister may, from time to time, specify.

9 PART II THE LEMBAGA-9. Power of the Lembaga to establish committees.

(1) The Lembaga may establish such committees as it considers necessary or expedient to assist it in the performance of its functions under this Act.

(2) The Lembaga may appoint any suitable person to be a member of any committee established under subsection (1).

(3) A committee established under this section may elect any of its members to be chairman and may regulate its own procedure and, in the exercise of its powers under this subsection, such committee shall be subject to and act in accordance with any direction given to it by the Lembaga.

(4) Any meeting of a committee established under this section shall be held at such time and place as the chairman of the committee may, subject to subsection (3), determine.

(5) A committee may invite any person to attend any of its meetings for the purpose of advising it on any matter under discussion provided that the person so invited shall not be entitled to vote at any such

10 PART III CHAIRMAN, OFFICER, SERVANTS-10. The Chairman.

(1) Without prejudice to the other provisions of this Act, the Chairman shall perform such duties as the Minister may, from time to time, determine.

(2) If the Chairman is temporarily absent from Malaysia or incapacitated through illness or for any other good reason is unable to perform his duties, the Minister shall appoint any member of the Lembaga to carry out the duties of the Chairman.

11 PART III CHAIRMAN, OFFICER, SERVANTS-11. Chief Executive Officer.

(1) The Lembaga may, with the approval of the Minister, appoint a person, designated as "Chief Executive" to be the principal executive officer and vest him with such powers and impose upon him such duties as may be determined by the Lembaga.

[(1) Am. Act A1407:s.5]

(2) The Chief Executive shall be responsible for the proper administration and management of the functions and affairs of the Lembaga.

[(2) Am. Act A1407:s.5]

(3) The Chief Executive shall have general control of the other officers and servants of the Lembaga.

[(3) Am. Act A1407:s.5]

(4) The Chief Executive shall perform such further duties as the Lembaga may from time to time direct.

[(4) Am. Act A1407:s.5]

(5) If the Chief Executive is temporarily absent from Malaysia or is incapacitated through illness or for any other good reason is

12 PART III CHAIRMAN, OFFICER, SERVANTS-12. Appointment of officers and servants of the Lembaga.

(1) Subject to any regulations made under section 13, the Lembaga may appoint on such terms and conditions as it may think desirable such officers and servants as may be necessary for carrying out the purposes of this Act.

(2) No person shall be eligible for employment as an officer or servant of the Lembaga if he has, directly or indirectly, by himself or his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Lembaga.

13 PART III CHAIRMAN, OFFICER, SERVANTS-13. Regulations with respect to conditions of service.

The Lembaga may, from time to time, with the approval of the Minister, make regulations with respect to the conditions of service of its officers and servants.

14 PART III CHAIRMAN, OFFICER, SERVANTS-14. Regulations with respect to discipline.

(1) The Lembaga may, from time to time, with the approval of the Minister, make regulations with respect to the discipline of its officers and servants.

(2) The regulations made under this section may include provisions for:

(a) the interdiction with reduction in salary or in other remuneration; or

(b) the suspension without salary or other remuneration,

of an officer or servant of the Lembaga during the pendency of disciplinary proceedings against him.

(3) The regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Lembaga may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

(4) The regulations made under this section may, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made by t

15 PART IV FINANCE-15. The Fund.

(1) There is hereby established, for the purposes of this Act, a fund to be administered and controlled by the Lembaga.

(2) The Fund shall consist of:

(a) such sums as may be provided from time to time for the purposes of this Act by Parliament;

(b) monies earned from the consultancy and advisory services provided by the Lembaga;

(c) monies earned by the operation of the construction industry information system;

(d) monies earned or arising from any property, investments, mortgages, charges or debentures acquired by or vested in the Lembaga;

(e) any property, investments, mortgages, charges or debentures acquired by or vested in the Lembaga;

(f) sums borrowed by the Lembaga for the purpose of meeting any of its obligations or discharging any of its duties;

(g) monies earned from the registration, accreditation, cer

16 PART IV FINANCE-16. Conservation of the Fund.

It shall be the duty of the Lembaga to conserve the Fund by so performing, exercising and discharging its functions, powers and duties under this Act as to secure that the total revenues of the Lembaga are, subject to any directions given by the Minister, sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.

17 PART IV FINANCE-17. Expenditure to be charged on the Fund.

The Fund shall be expended for the purposes of:

(a) paying any expenditure lawfully incurred by the Lembaga, including legal fees and costs and other fees and costs and the remuneration of officers and servants appointed and employed by the Lembaga, including superannuation allowances;

(b) paying any other expenses, costs or expenditure properly incurred or accepted by the Lembaga in the performance of its functions and powers under section 4;

(c) repaying any monies borrowed under this Act and the interest due thereon; and

(d) generally, paying any expenses for carrying into effect this Act.

18 PART IV FINANCE-18. Expenditure and preparation of estimates.

(1) The expenditure of the Lembaga up to such amount as may be authorised by the Minister for any one year shall be defrayed out of the Fund.

(2) Before the beginning of each year, the Lembaga shall submit to the Minister an estimate of the expenditure for the following year in such form and containing such particulars as the Minister may direct, and the Minister shall, before the beginning of the following year, notify the Lembaga of the amount authorised for expenditure generally or of the amounts authorised for each description of expenditure.

(3) The Lembaga may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

(4) The Minister may direct the Lembaga to submit a copy of the estimate or supplementary estimate, as the case may be, to such other public authority as may be specified in the direction.

19 PART IV FINANCE-19. Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply.

The Statutory Bodies (Accounts and Annual Reports) Act 1980 shall apply to the Lembaga and any corporation established under this Act.

20 PART V OTHER POWERS OF THE LEMBAGA-20. Power to borrow.

(1) The Lembaga may, from time to time, with the approval of the Minister and Minister of Finance, borrow, at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise as the Minister may approve, any sums required by the Lembaga for meeting any of its obligations or discharging any of its duties.

[(1) Am. Act A1407:s.7]

(2) The Lembaga may, from time to time, with the approval of the Minister and Minister of Finance, borrow money by the issue of bonds, debentures or stocks of such class and value and upon such terms as it may, with the approval of the Minister and Minister of Finance, deem expedient, for all or any of the following purposes:

[(2) Am. Act A1407:s.7]

(a) the provision of working capital;

(b) the performance of the functions, the exercise of the powers and the discha

21 PART V OTHER POWERS OF THE LEMBAGA-21. Power to grant loans.

In the performance of its functions, the exercise of its power or the discharge of its duties, the Lembaga may, with the approval of the Minister and Minister of Finance, grant loans, and such loans may be granted subject to such terms and conditions as the Lembaga may, with the approval of the Minister and Minister of Finance, deem fit to impose in any particular case.

[Am. Act A1407:s.8]

22 PART V OTHER POWERS OF THE LEMBAGA-22. Investment.

The assets of the Lembaga shall, in so far as they are not required to be expended by the Lembaga under this Act, be invested in such manner as the Minister and Minister of Finance may approve.

[Am. Act A1407:s.9]

23 PART V OTHER POWERS OF THE LEMBAGA-23. Power to employ.

The Lembaga may employ or appoint and pay agents and technical advisers, including advocates and solicitors, bankers, fund managers, stockbrokers, surveyors, valuers and other persons, to transact any business or to do any act required to be transacted or done in the performance of its functions, the exercise of its powers or the discharge of its duties or for the better carrying into effect the purposes of this Act.

[Am. Act A1407:s.10]

24 PART V OTHER POWERS OF THE LEMBAGA-24. Power to establish corporations.

(1) The Lembaga may, subject to such conditions, limitations or restrictions as it deems fit to impose, delegate any of its functions and powers, except the power to borrow money, to grant loans, to invest, to make regulations, or powers as stipulated under paragraph 4(2) (c) to:

(a) any member of the Lembaga;

(b) any committee established by the Lembaga; or

(c) any officer or servant of the Lembaga, and any function or power so delegated may be performed, exercised or discharged by the member, committee, officer or servant, as the case may be, in the name and on behalf of the Lembaga.

(2) A delegation under this section shall not preclude the Lembaga itself from performing or exercising at any time any of the delegated functions and powers.

[24. Subs. Act A1407:s.11]

25 PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS-25. Registration of contractors.

[Pt. VI heading Am. Act A1407:s.12]

(1) No person shall carry out or complete, undertake to carry out or complete any construction work or hold himself out as a contractor, unless he is registered with the Lembaga and holds a valid certificate of registration issued by the Lembaga under this Act.

[(1) Subs. Act A1407:s.13]

(2) Every certificate of registration shall be in the prescribed manner and form.

(3) The Lembaga may, for the purpose of the registration of contractors, impose such conditions as it thinks fit.

[(3) Ins. Act A1407:s.13]

(4) The Lembaga may suspend, revoke, reinstate or refuse any registration of any person under this Act.

[(4) Ins. Act A1407:s.13]

(5) A person aggrieved by the decision of the Lembaga made under subsection (4) may, within thirty days after the date the decision o

25A PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS-25A. Accreditation of contractors.

(1) The Lembaga may accredit contractors in the form and manner prescribed under regulations made under this Act.

(2) The Lembaga may, for the purpose of the accreditation of contractors, impose such conditions as it thinks fit.

[25A. Ins. Act A1407:s.14]

26 PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS-26. Register.

The Lembaga shall keep and maintain a Register of the registered and accredited contractors under this Act.

[Am. Act A1407:s.15]

27 PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS-27. Notice to require particulars.

(1) For the purpose of carrying out its functions under section 4, the Lembaga may by notice in the prescribed form require any person to disclose and furnish any particulars which are within the person's knowledge, or which he is able to obtain, relating to the construction industry or anything required under the Act in such manner and form as the Lembaga may specify.

[(1) Am. Act A1407:s.16]

(2) The notice under subsection (1) may be served by delivering it by way of personal service or by registered post.

[(2) Am. Act A1407:s.16]

(3) A notice may require the information to be disclosed and furnished at specific times or within specific intervals.

[(3) Am. Act A1407:s.16]

(4) The Lambaga shall not require any person to supply information under this section which will disclose any trade secret.

[(4) Am. Act A14

28 PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS-28. Penalty for failure to comply with notice.

A person who:

(a) fails to comply with the requirements of a notice issued under section 27; or

(b) knowingly or recklessly furnishes or causes to be furnished any false particulars on any matter specified in the notice issued under section 27,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

29 PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS-29. Penalty for carrying out construction works without being registered.

Any person who contravenes subsection 25(1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit.

[29. Subs. Act A1407:s.17]

30 PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS-30. Notice to stop construction works.

[Shoulder note Am. Act A1407:s.18]

(1) Where the Lembaga finds that construction works are being carried out or completed, or undertaken to be carried out or completed by any person who is not registered with the Lembaga under this Act, the Lembaga shall by notice in writing served on him require him to abstain from commencing or proceeding with the construction works or from undertaking to carry out or complete the construction works, with or without conditions.

[(1) Subs. Act A1407:s.18]

(1A) Where the Lembaga finds that construction works are being carried out or completed, or undertaken to be carried out or completed by a registered contractor in contravention of any provision of this Act, the Lembaga may, by notice in writing served on him, require him to abstain from commencing or proceeding with the construction works or undertaking to carry out or complete the construction wo

31 PART VI REGISTRATION AND ACCREDITATION OF CONTRACTORS-31. Registered contractor subject to this Act.

Every contractor, whether registered under this Act or not, shall be subject to this Act.

[31. Subs. Act A1407:s.19]

32 PART VII REGISTRATION, ACCREDITATION, CERTIFICATION AND TRAINING OF CONSTRUCTION PERSONNEL-32. Interpretation.

[Pt. VII Subs. Act A1407:s.20]

For the purposes of this Part, "trades" means the trades or occupation normally associated with skilled construction workers.

[32. Subs. Act A1407:s.20]

33 PART VII REGISTRATION, ACCREDITATION, CERTIFICATION AND TRAINING OF CONSTRUCTION PERSONNEL-33. Registration of construction personnel.

(1) A person shall not be involved or engaged or undertake to be involved or engaged as a construction personnel unless he is registered with the Lembaga and holds a valid certificate of registration issued by the Lembaga under this Act.

(2) Subsection (1) shall not apply to any construction personnel who has a professional qualification and is registered under any written law.

(3) The Lembaga shall keep and maintain a Register which shall contain the names, addresses, trades, skills and other particulars of registered construction personnel.

(4) A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

[33. Subs. Act A1407:s.20]

33A PART VII REGISTRATION, ACCREDITATION, CERTIFICATION AND TRAINING OF CONSTRUCTION PERSONNEL-33A. Accreditation and certification of construction site supervisor and skilled construction worker.

(1) No construction site supervisor or skilled construction worker shall be involved or engaged, or undertake to be involved or engaged as a construction site supervisor or skilled construction worker unless he is accredited and certified by the Lembaga and holds a valid certificate issued by the Lembaga under this Act.

(2) For the purpose of this Act, skilled construction workers are those specified in the Third Schedule.

(3) The Minister may, by order published in the Gazette , amend the Third Schedule.

(4) The Lembaga shall keep and maintain a Register which shall contain the names, addresses, trades, skills and other particulars of accredited and certified construction site supervisors and skilled construction workers.

(5) A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

(6) Any person who engages a

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Legal Commentary on Section 33A of the LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994

Introduction

Section 33A of the Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 (CIDB Act) establishes the accreditation and certification requirements for construction site supervisors and skilled construction workers in Malaysia. It aims to regulate the qualification and engagement of personnel involved in construction activities to ensure industry standards and safety compliance.

What does Section 33A Say

• Mandatory Accreditation and Certification: No construction site supervisor or skilled construction worker shall be involved or engaged in construction activities unless accredited and holding a valid certificate issued by the Lembaga (CIDB) [55].
• Scope of Skilled Workers: Skilled workers are those specified in the Third Schedule of the Act, and workers must first possess a CIDB card to be recognized as skilled [55].
• Involvement Restrictions: Engaging or involving unaccredited personnel as supervisors or skilled workers constitutes an offence under the Act [55].

Essential Ingredients

• Accreditation Requirement: Personnel must be accredited by the Lembaga [55].
• Certification Requirement: Personnel must hold a valid certificate issued by the Lembaga [55].
• Schedule Specification: The Third Schedule defines who qualifies as skilled workers, and the work carried out must align with these classifications [55].
• Registration of Personnel: The Lembaga maintains a register of accredited workers and supervisors, including their particulars [55].

Scope of Section

• Personnel Covered: Construction site supervisors and skilled construction workers involved in any construction project within Malaysia [55].
• Work Type: Only work performed by accredited personnel is recognized; unaccredited engagement is prohibited [55].
• Regulatory Enforcement: The section applies to all construction activities requiring supervision or skilled labor, emphasizing compliance with accreditation standards [55].

Punishment for Section

• Offence: Engaging or involving unaccredited personnel as supervisors or skilled workers constitutes an offence under the Act [56].
• Penalty: Conviction may result in a fine not exceeding fifty thousand ringgit (RM50,000) [56].

Legal Comments

• "Mandatory accreditation" - Ensures only qualified personnel undertake supervisory and skilled roles, promoting safety and quality - [55].
• "Certification requirement" - Establishes a formal credentialing process, aligning with industry standards - [55].
• "Scope of skilled workers" - Defined in the Third Schedule, providing clarity on who qualifies as skilled workers - [55].
• "Registration and record-keeping" - Lembaga's obligation to maintain a register of accredited personnel enhances transparency and accountability - [55].
• "Offence and penalties" - The prescribed fine acts as a deterrent against non-compliance, reinforcing regulatory authority - [56].
• "Work classification" - Emphasizes that work must be carried out by appropriately accredited personnel, ensuring competency - [55].
• "Regulatory oversight" - CIDB’s role in certifying and maintaining standards underpins the legal framework for industry regulation - [55].
• "Scope of enforcement" - Applies broadly across construction sites, covering both local and foreign contractors engaged in Malaysian projects - [55].
• "Legal compliance" - Engaging unaccredited personnel exposes parties to criminal liability, highlighting the importance of adherence - [56].
• "Industry standards" - The Act aligns with broader industry standards for safety, quality, and professionalism in construction - [55].
• "Impact on construction industry" - Promotes a qualified workforce, reducing risks associated with unskilled labor - [55].
• "Legal certainty" - Clear accreditation and certification requirements provide legal certainty for contractors and workers - [55].
• "Role of the Third Schedule" - Provides specific criteria for skilled workers, facilitating compliance and enforcement - [55].
• "Enforcement mechanism" - The Act's provisions enable CIDB to monitor, verify, and enforce accreditation requirements effectively - [55].
• "Protection of industry standards" - Ensures that only qualified personnel are involved, safeguarding public safety and industry integrity - [55].
• "Legal deterrence" - The penalty structure discourages violations and promotes compliance among industry players - [56].
• "Alignment with international practices" - Similar accreditation regimes exist globally, aligning Malaysian standards with international best practices - [55].

This commentary synthesizes the legal provisions and industry practices related to Section 33A of the CIDB Act, emphasizing its role in regulating construction personnel accreditation to uphold safety, quality, and professionalism in Malaysia's construction industry.

33B PART VII REGISTRATION, ACCREDITATION, CERTIFICATION AND TRAINING OF CONSTRUCTION PERSONNEL-33B. Training institution, etc.

(1) The Lembaga, for the purpose of training, accreditation and certification of construction personnel may:

(a) establish, promote and accredit training institutions;

(b) establish a body to carry out evaluation or assessment or to conduct examination of the training institutions;

(c) establish a body to develop, monitor and modify the curriculum as to the courses of studies, standards and training programmes offered by the training institutions;

(d) give formal recognition and written assurances including awarding certificates or any other qualifications to the training institutions;

(e) suspend or revoke the accreditation of training institutions for contravening or failing to comply with the conditions of accreditation; and

(f) do any other things which the Lembaga deems expedient or necessary for the purposes of this Part.

33C PART VIIA STANDARDS AND CODES OF PRACTICE IN THE CONSTRUCTION INDUSTRY-33C. Lembaga to certify construction materials.

[Pt VIIA. Ins. Act A1407:s.21]

(1) The Lembaga shall, in the manner determined by the Lembaga, certify the construction materials used in the construction industry and specified in the Fourth Schedule in accordance with the standards specified in that Schedule.

(2) The Minister may, by order published in the Gazette , amend the Fourth Schedule.

(3) The Lembaga may keep and maintain a Register of the details and record of all certified construction materials.

(4) The Lembaga may, for the purpose of certification under subsection (1), impose any condition as it thinks fit.

(5) The Lembaga may suspend, revoke, reinstate or refuse the certification in circumstances as may be determined by the Lembaga.

[33C. Ins. Act A1407:s.21]

33D PART VIIA STANDARDS AND CODES OF PRACTICE IN THE CONSTRUCTION INDUSTRY-33D. Dealing with non-certified construction materials.

(1) A person shall not deal or undertake to deal, whether directly or indirectly, with the construction materials specified in the Fourth Schedule unless the construction materials have been certified by the Lembaga.

(2) Any person who deals or undertakes to deal with the construction materials specified in the Fourth Schedule without the certification of the Lembaga shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than five hundred thousand ringgit.

[33D. Ins. Act A1407:s.21]

33E PART VIIA STANDARDS AND CODES OF PRACTICE IN THE CONSTRUCTION INDUSTRY-33E. Notice by the Lembaga for person dealing with noncertified construction materials.

(1) Where any construction material which is not certified in accordance with this Act is dealt with or is undertaken to be dealt with or will be dealt with by any person, the Lembaga may, by notice in the prescribed form, serve on such person requiring him to abstain from commencing or proceeding with, engaging in or being involved in or undertaking to be engaged or involved in, dealing with the non-certified construction material.

(2) Any person who fails to comply with the requirements of the notice under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

[33E. Ins. Act A1407:s.21]

33F PART VIIA STANDARDS AND CODES OF PRACTICE IN THE CONSTRUCTION INDUSTRY-33F. Codes of practice for the construction industry.

The Lembaga or any other body authorized by law may, from time to time, formulate, develop, revise and approve any code of practice which is suitable and necessary for the construction industry.

[33F. Ins. Act A1407:s.21]

34 PART VIII LEVY-34. Imposition of levy.

(1) Every contractor shall declare and submit to the Lembaga, in the manner as may be prescribed by the Lembaga, any contract which he has been awarded on any construction works.

(2) For every contract referred to in subsection (1), whether stamped or not, having a contract sum of above five hundred thousand ringgit, the contractor shall be liable to pay to the Lembaga a levy at the rate of a quarter per centum of the contract sum.

(3) Every contractor shall disclose fully to the Lembaga all the facts and circumstances affecting his liability to pay the levy.

(4) The Lembaga shall notify the contractor of the amount of levy to be paid within such period as it may prescribe and such notification by the Lembaga shall be prima facie evidence as to the amount of levy to be paid by the contractor.

(5) The Minister may, by order published in the Gazette , vary the rate of levy specified in subsection (2).

(6) I

34A PART VIII LEVY-34A. Levy payable as civil debt due to the Lembaga.

Notwithstanding any other written law, the amount of any levy payable under this Part shall be recoverable as a civil debt due to the Lembaga.

[34A. Ins. Act A1407:s.23]

34B PART VIIIA DUTY OF CONTRACTOR-34B. Duty of contractor.

[Pt. VIIIA. Ins. Act A1407:s.24]

(1) A contractor undertaking any construction works shall:

(a) notify and submit to the Lembaga any information and documents, including any supporting documents relating to the construction works, whether new or otherwise, in accordance with this Act;

(b) ensure the construction works are carried out in accordance with the provisions of this Act, any regulations, terms and conditions imposed by the Lembaga and any other written law; and

(c) ensure the safety of the building and the construction works whether during or post construction works.

(2) For the purpose of this section, "shall ensure the safety of building and the construction works" means ensuring that any building or construction works are being carried out or have been carried out in such manner as:

(a) not causi

34C PART VIIIA DUTY OF CONTRACTOR-34C. Breach of duty by contractor.

(1) If the Lembaga is of the opinion that a contractor has breached any of his duties under subsection 34B(1), the Lembaga may do either one or all of the following:

(a) engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise the Lembaga on all matters relating to the safety of the building in respect of which the construction works are being carried out or have been carried out;

(b) impose on the contractor, all or any of the directives in subsection (2);

(c) impose a penalty not exceeding five hundred thousand ringgit on the contractor.

(2) The Lembaga may, for the purpose of public safety or preventing any situation referred to in subsection 34B(2), issue a written directive to the contractor of the construction works, for the contractor:

(a) to immediately stop the constru

34D PART VIIIA DUTY OF CONTRACTOR-34D. Death caused by breach of duty of contractor.

(1) Any contractor who breaches his duty under paragraph 34B(1) (c) , and which breach results in death, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2) Section 34C shall apply to this section except paragraph 34C(1) (c) .

(3) An offence under this section shall be a seizable offence for the purpose of the Criminal Procedure Code [ Act 593 ].

[34D. Ins. Act A1407:s.24]

34E PART VIIIA DUTY OF CONTRACTOR-34E. Duty of person who manages or controls construction site.

(1) Any person having the right and power to manage or control any construction site shall have the duty to ensure, so far as is reasonably practicable, that the construction site and the means of entering and leaving such construction site are safe and not harmful to health.

(2) The duty under subsection (1) shall apply only in relation to matters over which the person has the right and power to manage or control.

(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

[34E. Ins. Act A1407:s.24]

35 PART IX ENFORCEMENT AND INVESTIGATION-35. Authorization of officers.

[Pt. IX Subs. Act A1407:s.25]

The Chairman may, in writing, authorize any officer of the Lembaga to exercise the powers of enforcement under this Act.

[35. Subs. Act A1407:s.25]

35A PART IX ENFORCEMENT AND INVESTIGATION-35A. Power of investigation.

(1) An authorized officer shall have all the powers necessary to carry out an investigation under this Act.

(2) Upon completion of his investigation, the authorized officer shall immediately give all informations relating to the commission of any offence to an officer in charge of a police station and a police officer may, by warrant, arrest any person who may have committed an offence under this Act or any regulations made thereunder.

[35A. Subs. Act A1407:s.25]

35B PART IX ENFORCEMENT AND INVESTIGATION-35B. Authority card.

(1) The Chairman shall issue to each authorized officer an authority card which shall be signed by the Chairman.

(2) Whenever such officer exercises any of the power under this Act, he shall, on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

[35B. Subs. Act A1407:s.25]

35C PART IX ENFORCEMENT AND INVESTIGATION-35C. Search and seizure with warrant.

(1) If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary that there is reasonable cause to believe that:

(a) any premise or construction site has been used or is about to be used for; or

(b) there is in any premise or construction site, evidence necessary to the conduct of an investigation into, the commission of an offence under this Act or any regulations or rules made under this Act, the Magistrate may issue a warrant authorizing an authorized officer named therein, at any reasonable time by day or by night and with or without assistance to enter the premise or construction site and if need by force.

(2) Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the authorized officer to:

(a) search and seize any construction material, eq

35D PART IX ENFORCEMENT AND INVESTIGATION-35D. Search and seizure without warrant.

An authorized officer, upon information received, who has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 35C:

(a) the investigation would be adversely affected;

(b) the object of entry is likely to be frustrated;

(c) any construction material, equipment, instrument, book, record, document, computerized document, article or other thing that is reasonably believed to furnish evidence of the commission of such offence sought may be removed or interfered with; or

(d) the evidence sought may be tampered with or destroyed,

may exercise in respect of the premise or construction site, all the powers referred to in section 35C in as full and ample manner as if he were authorized to do so by a warrant issued under that section.

[35D. Subs. Act A1407:s.25]

35E PART IX ENFORCEMENT AND INVESTIGATION-35E. Examination or testing of seized construction materials, etc.

(1) When it is necessary to test any construction materials or any other thing seized in the premises or construction site under this Act, it shall be sufficient to test only a sample not exceeding five per centum in value or weight of the construction materials or any other things found in the premise or construction site.

(2) The court shall presume that the construction materials or any other thing found in the premise or construction site are of the same nature, quantity and quality as those seized.

[35E. Subs. Act A1407:s.25]

35F PART IX ENFORCEMENT AND INVESTIGATION-35F. Appointment of analyst.

The Lembaga may appoint any qualified person to be an analyst for the purposes of carrying out an analysis on any construction materials or any other thing and to certify its condition, type, method of manufacturing, quality, standard and grade.

[35F. Subs. Act A1407:s.25]

35G PART IX ENFORCEMENT AND INVESTIGATION-35G. Certificate of analysis.

(1) A certificate of analysis signed by an analyst shall, on production by the Lembaga in any trial under this Act, be sufficient evidence of the facts stated in the certificate unless the accused requires that the analyst be called as a witness, in which case he shall give written notice to the Lembaga not less than three clear days before the commencement of the trial.

(2) Where the Lembaga intends to give in evidence any certificate referred to in subsection (1), it shall deliver a copy of such certificate to the accused not less than ten clear days before the commencement of the trial.

[35G. Subs. Act A1407:s.25]

35H PART IX ENFORCEMENT AND INVESTIGATION-35H. Power to enter premises, etc.

Notwithstanding sections 35C and 35D, an authorized officer may at any time enter any premise or construction site for the purpose of:

(a) inspecting any construction material, equipment, instrument, book, record, document, computerized document, article or other thing as the authorized officer considers necessary;

(b) verifying the accuracy of records or statements of information given to an authorized officer or to the Lembaga; or

(c) collecting samples required under this Act.

[35H. Subs. Act A1407:s.25]

35I PART IX ENFORCEMENT AND INVESTIGATION-35I. Search of person.

A person shall not be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.

[35I. Subs. Act A1407:s.25]

35J PART IX ENFORCEMENT AND INVESTIGATION-35J. Access to computerized data.

(1) An authorized officer conducting a search under this Act shall be given access to computerized data whether stored in a computer or otherwise.

(2) For the purpose of this section, access shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.

[35J. Subs. Act A1407:s.25]

35K PART IX ENFORCEMENT AND INVESTIGATION-35K. Warrant admissible notwithstanding defects.

A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission therein or in the application for the warrant and any construction material, equipment, instrument, book, record, document, computerized document, article or other thing found in the premise or construction site under the warrant shall be admissible as evidence in any proceedings under this Act.

[35K. Subs. Act A1407:s.25]

35L PART IX ENFORCEMENT AND INVESTIGATION-35L. List of things seized.

(1) Where any seizure is made under this Part, an authorized officer shall prepare a list of construction materials, equipment, instrument, books, records, documents, computerized documents, articles or other thing seized and of the premise or construction site in which these are found and shall sign the list.

(2) A copy of the list prepared in accordance with subsection (1) shall be delivered immediately to the occupier of the premises or construction site where the construction material, equipment, instrument, book, record, document, computerized document, article or other thing is found or to his agent or servant at the premise or construction site.

(3) Where the premise or construction site is unoccupied, the authorized officer shall, whenever possible, post a list of everything seized conspicuously on the premise or construction site.

[35L. Subs. Act A1407:s.25]

35M PART IX ENFORCEMENT AND INVESTIGATION-35M. Power to require attendance of person acquainted with case.

(1) An authorized officer making an investigation under this Act may by order in writing require the attendance before himself of any person who appears to the authorized officer to be acquainted with the facts and circumstances of the case, and such person shall attend as required.

(2) If any person refuses to attend as so required, the authorized officer may report such refusal to a Magistrate who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection (1).

[35M. Subs. Act A1407:s.25]

35N PART IX ENFORCEMENT AND INVESTIGATION-35N. Examination of person acquainted with case.

(1) An authorized officer making an investigation under this Act may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) The person examined under subsection (1) shall be legally bound to answer all questions relating to such case put to him by the authorized officer, but 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 statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions.

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

(5) A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or

35O PART IX ENFORCEMENT AND INVESTIGATION-35O. Admissibility of statement in evidence.

(1) If any person is charged with an offence under this Act, any statement, whether the statement amounts to a confession or not or whether it is oral or in writing, made at any time, whether before or after the person is arrested and whether in the course of an investigation under this Act or not and whether or not wholly or partly in answer to questions, by that person to or in the hearing of an authorized officer or other person, shall be admissible in evidence at his trial and, if the person charged tenders himself as witness, any such statement may be used in cross-examination and for the purpose of impeaching his credit.

(2) A statement made under subsection (1) shall not be admissible or used:

(a) if the making of the statement appears to the court to have been caused by an inducement, threat or promise having reference to the charge against such person proceeding from a person in authority and sufficient, i

35P PART IX ENFORCEMENT AND INVESTIGATION-35P. Sale and disposal of seized material.

(1) The Chairman may, at any time, direct that any construction material seized under this Act be sold and the proceeds of the sale be held while waiting for the result of any prosecution under this Act where:

(a) the construction material is of a perishable nature or easily deteriorates in quality;

(b) the custody of the construction material involves unreasonable expense and inconvenience;

(c) there is a lack or absence of adequate or proper facilities for the storage of the construction material; or

(d) the construction material is believed to cause an obstruction or is hazardous to the public.

(2) Notwithstanding subsection (1), where an analyst certifies, or if the results of tests as certified by an analyst proves, that the construction material tested by him is not in good condition, the authorized officer may keep it in custody or, if no prose

35Q PART IX ENFORCEMENT AND INVESTIGATION-35Q. Seized construction material, etc., liable to forfeiture.

(1) Any construction material or the proceeds of sale thereof, or any equipment, instrument, book, record, document, computerized document, article or other thing seized in exercise of any power conferred under this Act shall be liable to forfeiture.

(2) Any construction material or the proceeds of sale thereof, or any equipment, instrument, book, record, document, computerized document, article or other thing forfeited or taken and deemed to be forfeited under this Part shall bethe property of the Lembaga.

[35Q. Subs. Act A1407:s.25]

35R PART IX ENFORCEMENT AND INVESTIGATION-35R. Release of things seized.

(1) If any construction material, equipment, instrument, book, record, document, computerized document, article or other thing has been seized under this Act, the authorized officer who effected the seizure may, at any time after that, release it seized to the person as he determines to be lawfully entitled to it if he is satisfied that it is not otherwise required for the purpose of any proceedings under this Act or for the purpose of any prosecution under any other written law, and in such event neither the authorized officer effecting the seizure, nor the Government, the Lembaga or any person acting on behalf of the Government or the Lembaga shall be liable to any proceedings by any person if the seizure and the release had been effected in good faith.

(2) A record in writing shall be made by the authorized officer effecting the release under subsection (1) specifying in detail the circumstances of and the reason for the release and a copy o

35S PART IX ENFORCEMENT AND INVESTIGATION-35S. Cost of holding equipment, etc, seized.

Where any construction material, equipment, instrument, book, record, document, computerized document, article or any other thing seized under this Act or its subsidiary legislation is held in the custody of the Government or the Lembaga pending completion of any proceedings in respect of an offence under this Act or its subsidiary legislation, the cost of holding in custody shall, in the event of any person being found to have committed an offence, be a debt due to the Government by such person and shall be recoverable accordingly.

[35S. Subs. Act A1407:s.25]

35T PART IX ENFORCEMENT AND INVESTIGATION-35T. No cost or damages arising from seizure to be recoverable.

A person shall not, in any proceedings before any court in respect of any construction material, equipment, instrument, book, record, document, computerized document, article or other thing seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

[35T. Subs. Act A1407:s.25]

35U PART IX ENFORCEMENT AND INVESTIGATION-35U. Obstruction.

A person who:

(a) assaults, delays, impedes, hinders or obstructs an authorized officer in effecting any entrance which he is entitled to effect under this Act or any of its regulations in the execution of any duty imposed or power conferred by this Act;

(b) breaks any seal that has been affixed by an authorized officer on any place;

(c) fails to comply with any lawful demand of an authorized officer in the execution of his duty under this Act;

(d) fails, refuses or neglects to give any information which may be reasonably required by an authorized officer; or

(e) without reasonable excuse fails to produce any construction material, equipment, instrument, book, record, document, computerized document, article or other thing required by an authorized officer,

shall be guilty of an offence and shall, on conviction, be liable to a fine no

35V PART IX ENFORCEMENT AND INVESTIGATION-35V. Power of police.

Any police officer not below the rank of Inspector may exercise all the powers of enforcement under this Act.

[35V. Subs. Act A1407:s.25]

35W PART IX ENFORCEMENT AND INVESTIGATION-35W. Additional powers.

An authorized officer shall, for the purposes of the execution of this Act, have powers to do all or any of the following:

(a) require the production of records, accounts, computerized data and documents kept by a contractor or other person and to inspect, examine and to download from them, make copies of them or take extracts from them;

(b) require the production of any identification document from any person in relation to any case or offence under this Act;

(c) make such inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with.

[35W. Subs. Act A1407:s.25]

36 PART X GENERAL-36. Obligation of secrecy.

(1) Except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any written law, no member, officer or servant of the Lembaga shall disclose any information which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.

(2) Any person contravening subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

37 PART X GENERAL-37. Power to make regulations.

(1) The Lembaga may, with the approval of the Minister, make such regulations as may be expedient or necessary for the better carrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), regulations may be made for:

(a) prescribing the conditions, manner, forms, types, grades and procedures for the registration, accreditation or certification of contractors and construction personnel and the suspension, revocation, reinstatement or refusal of the registration, accreditation or certification of the contractors and construction personnel;

[(a) Subs. Act A1407:s.26]

(b) prescribing the manner, forms and procedures for the collection of levy;

[(b) Subs. Act A1407:s.26]

(c) prescribing the form and manner of service of any notice required under this Act;

(d) prescribi

38 PART X GENERAL-38. Conduct of prosecution.

(1) No prosecution for any offence under this Act shall be instituted except with the consent in writing of the Public Prosecutor.

(2) Any officer of the Lembaga authorised by the Public Prosecutor may conduct the prosecution of any offence under this Act.

[(2) Am. Act A1407:s.27]

38A PART X GENERAL-38A. Appearance for the Lembaga in civil proceedings.

Notwithstanding the provisions of any written law, in any civil proceedings by or against the Lembaga:

(a) any officer of the Lembaga or any public officer authorized by the Chairman; or

(b) any member of the Malaysian Bar, may on behalf of the Lembaga, conduct such proceedings and may make and do all appearances, acts and applications in respect of such proceedings.

[38A. Ins. Act A1407:s.28]

38B PART X GENERAL-38B. Protection to the Lembaga, etc.

(1) No action shall be brought, instituted or maintained in any court, against the Lembaga or its members, officers, servants or agents for anything done or omitted to be done by the Lembaga or its members, officers, servants or agents in good faith without negligence and done in exercise of any powers or performance of any duty under this Act.

(2) The Public Authorities Protection Act 1948 [ Act 198 ] shall apply to any action, suit, prosecution or proceedings against the Lembaga or its members, officers, servants or agents in respect of any act, negligence or default done by the Lembaga or its members, officers, servants or agents in such capacity.

[38B. Ins. Act A1407:s.28]

38C PART X GENERAL-38C. Compounding of offences.

(1) The Lembaga may prescribe any offence under this Act as an offence which may be compounded.

(2) The Lembaga, with the consent of the Public Prosecutor in writing, may at any time before a charge is being instituted compound any of the offences prescribed under subsection (1) as an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding fifty per centum of the maximum fine and in the case where there is a minimum fine, a sum of money not exceeding fifty per centum of the maximum fine but not less than the minimum fine provided to which the person would have been liable if he had been convicted of the offence, within such time as may be specified in his written offer.

(3) An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in

39 PART X GENERAL-39. General Penalty.

Any person who by any act or omission contravenes any provision under this Act or any regulations made thereunder shall be guilty of an offence and where no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

39A PART X GENERAL-39A. Offences by body corporate, etc.

(1) Where a body corporate, firm, society or other body of persons commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary, or other similar officer of the body corporate, firm, society or other body of persons or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate, firm, society or other body of persons or was assisting in such management-

(a) may be charged severally or jointly in the same proceedings with the body corporate, firm, society or other body of persons; and

(b) where the body corporate, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves-

40 PART X GENERAL-40. Power to exempt.

(1) The Minister may by order published in the Gazette exempt, subject to such conditions as he may deem fit to impose, any person or class of persons from all or any of the provisions of this Act for any good reason which is consistent with the purpose of this Act.

[(1) Subs. Act A1407:s.30]

(2) The Minister may at any time by order published in the Gazette revoke any order made under subsection (1) if he is satisfied that the exemption should no longer be granted.

41 PART X GENERAL-41. Transitional and saving provision.

(1) Any person who immediately before the date of commencement of this Act was carrying out any construction works may continue to do so during the period of twelve months from the commencement of this Act:

Provided that during that period such person shall as soon as practicable make an application for registration as a contractor or for accreditation, certification and registration as a skilled construction worker or construction site supervisor.

(2) Any contractor who is carrying out any construction works pursuant to a contract executed before the date of commencement of this Act shall be exempted from the payment of any levy under section 34.