004e.fm Page 1 Monday, March 27, 2006 11:02 AM LAWS OF MALAYSIA REPRINT Act 4 EMPLOYEES' SOCIAL SECURITY ACT 1969 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD 2006 004e.fm Page 2 Monday, March 27, 2006 11:02 AM 2 EMPLOYEES' SOCIAL SECURITY ACT 1969 Date of Royal Assent ... ... ... ... 2 April 1969 Date of publication in the Gazette ... ... 10 April 1969 English text to be authoritative... ... ... P.U.(B)80/1969 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 1992 Second Reprint ... ... ... ... 1999 PREPARED FOR PUBLICATION BY MALAYAN LAW JOURNAL SDN BHD AND PRINTED BY PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 004e.fm Page 3 Monday, March 27, 2006 11:02 AM Employees' Social Security 3 LAWS OF MALAYSIA Act 4 EMPLOYEES' SOCIAL SECURITY ACT 1969 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, extent, commencement and application 2. Definitions PART II INSURABILITY AND CONTRIBUTIONS 3. Applicability 4. Registration of industries 5. All employees to be insured 6. Contributions 7. Principal employer to pay contributions in the first instance 8. Recovery of contribution from immediate employer 9. General provisions as to payment of contributions 9A. Contributions where industry or employee is not insured or registered 9B. Validation of contribution collected 10. Method of payment of contribution 11. Employers to furnish returns and maintain registers in certain cases 12. Inspectors, their functions and duties 12A. Powers of examination and search 12B. Obstruction to exercise of powers by an Inspector 12C. Power to examine persons 004e.fm Page 4 Monday, March 27, 2006 11:02 AM 4 Laws of Malaysia ACT 4 Section 13. Determination of contributions in certain cases 13A. Power of Director General to ask for information and application for search warrant 14. Recovery of contributions 14A. Interest on contribution in arrears PART III BENEFITS 15. Benefits 16. When person considered as suffering from invalidity 17. When insured person eligible for invalidity pension 17A. Qualifying conditions for survivors' pension 18. (Deleted) 19. Payment of invalidity pension 20. Invalidity pension 20A. Survivors' pension 20B. (Deleted) 21. Invalidity grant 22. Disablement benefit 23. Presumption as to accident arising in the course of employment 24. Accidents while travelling 25. Accidents happening while meeting emergency 26. Dependants' benefit 27. (Deleted) 28. Occupational diseases 29. Funeral benefit 30. Constant-attendance allowance 31. Liability of employer and his servant 32. Determination of question of invalidity or disablement 32A. Determination of occupational diseases 33. References to medical boards and appeals to appellate medical board 004e.fm Page 5 Monday, March 27, 2006 11:02 AM Employees' Social Security 5 Section 33A. Insured person dies before medical board examination 34. Review of decisions by medical board or appellate medical board 35. Review of invalidity pension 36. Review of dependants' benefit 37. Medical benefit 38. Scale of medical benefit 39. Establishment and maintenance of hospitals, etc. 40. Organization's power to co-operate with existing institutions or promote measures for health, welfare, etc., of insured persons 41. Benefit not assignable or attachable 42. (Deleted) 43. Persons not to commute cash benefits 44. Persons not entitled to receive benefits in certain cases 45. Claimant of disablement benefit or invalidity pension to observe conditions 46. Recipients of disablement benefit to observe conditions 47. (Deleted) 48. Organization's right where a principal employer fails or neglects to pay any contribution 49. Suspension of invalidity pension 50. Repayment of benefit improperly received 51. Payment of amount of benefit outstanding at the time of the death of the insured person 52. Employer not to reduce wages, etc. 53. Employer not to dismiss or punish employee during period of temporary disablement 54. Claim for benefits 55. Reporting of change in condition, etc. 56. Discretion to compute the qualifying period and the rate of monthly invalidity pension 57. Facilities for physical or vocational rehabilitation 57A. Education benefit 004e.fm Page 6 Monday, March 27, 2006 11:02 AM 6 Laws of Malaysia ACT 4 Section 57B. Organization to be responsible for the recovery and collection of repayments of educational loans 57C. Appointment of collection agents PART IV ADMINISTRATION, FINANCE AND AUDIT 58. Administration of the Social Security Scheme 59. Chief Executive Officer 59A. The Social Security Organization 59B. Establishment of the Board 59C. Minister shall appoint any person to act as Chairman 59D. Sixth Schedule to apply to Board 59E. Cessation of membership of Board 59F. Disqualification 59G. Application of the Public Authorities Protection Act 1948 59H. Public servants and public officers 59I. Board to give effect to Minister's directions 59J. Delegation of power 59K. Administrative control of officers and servants by Director General 59L. Appointment of officers and servants 59M. Setting up divisions, regional offices, etc. 59N. Power to dispose of staff questions 59O. Power to make staff rules 59P. Committees 59Q. Disciplinary Committee 59R. Discipline of officers 59S. Establishment of Disciplinary Appeal Board 59T. Power to make disciplinary rules 59U. Imposition of surcharge 59V. Establishment of Promotion Board 59W. Establishment of Promotion Appeal Board 004e.fm Page 7 Monday, March 27, 2006 11:02 AM Employees' Social Security 7 Section 60. (Deleted) 61. (Deleted) 62. (Deleted) 63. (Deleted) 64. Fees and allowances 65. (Deleted) 66. (Deleted) 67. (Deleted) 68. Social Security Fund 69. Administration of the Fund 70. Acceptance of grants, donations, etc. 71. Purposes for which the Fund may be expended 72. Expenditure on administration 72A. Withdrawal from Fund for loans 73. Administrative expenditure Government's responsibility 74. Holding of property, etc. 75. Investment of Funds 75A. Investment Panel 75B. (Deleted) 76. Raising of loans 77. Budget estimates 78. Accounts 79. Audit 80. Annual report 81. Annual report and audited accounts 82. Valuation of assets and liabilities PART V ADJUDICATION OF DISPUTE AND CLAIMS 83. Constitution of Social Security Appellate Board 004e.fm Page 8 Monday, March 27, 2006 11:02 AM 8 Laws of Malaysia ACT 4 Section 84. Matters to be decided by the Board 85. Institution of proceedings, etc. 86. Commencement of proceedings 87. Powers of Social Security Appellate Board 88. Appearance by legal practitioners, etc. 89. Benefit not admissible unless claimed in time 90. Reference to High Court 91. Appeal 92. Stay of payment pending appeal PART VI PENALTIES 93. Punishment for false information 94. Punishment for failure to pay contributions, etc. 94A. Court's order in respect of contributions due and payable to the Organization 94B. Trial for more than one offence 94C. Copy of entry to be prima facie evidence 95. Prosecution 95A. Compounding of offences PART VII MISCELLANEOUS 96. Insured person not entitled to more than one benefit 96A. Dependant not entitled to both survivors' pension and dependants' benefit for the same period 97. Exemption of industry or class of industries 98. Exemption of persons or class of persons 99. Organization to make representation 100. Exemption of industries belonging to Government or local authority 101. Exemption from one or more provisions of the Act 102. Contributions, etc., due to Organization to have priority over other debts 004e.fm Page 9 Monday, March 27, 2006 11:02 AM Employees' Social Security 9 Section 103. Exercise of powers and functions of the Organization 103A. Disposal of documents after more than three years 104. (Deleted) 105. Power of the Minister to make regulations 106. Duty of Board to review benefits 106A.