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LAWS OF MALAYSIA
REPRINT
Act 408
NATIONAL PRODUCTIVITY
CORPORATION (INCORPORATION)
ACT 1966
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
PERCETAKAN NASIONAL MALAYSIA BHD
2006
PREVIOUS REPRINT
Act 408
ARRANGEMENT OF SECTIONS
Section
Act 408
[1 March 1966]
Interpretation
(2) The Schedule to this Act shall have effect with respect to the
Corporation.
(4) The members mentioned in subsection (3) other than the Director
General shall be appointed by the Minister.
Alternate members
(2) The Corporation may with the approval of the Minister make
rules—
(a) for or in respect of the salaries, allowances and conditions
of service of its officers and servants generally;
(b) for the establishment and management of a contributory
provident fund for the Director General and the officers
and servants appointed under this section;
(c) for the payment of pensions, allowances or gratuities to
the Director General, officers and servants on retirement
or otherwise ceasing to hold office as such Director
General, officers or servants;
(d) for the making of loans to officers and servants for the
purchase of bicycles, motorcycles and motor cars and for
any other purpose approved by the Minister;
(e) for the discipline of the officers and servants which may
include—
(i) provisions for the interdiction with reduction in
salary or in other remuneration, or for the suspension
without salary or other remuneration, of an officer
or servant during the pendency of disciplinary
proceedings;
(ii) the creating of such disciplinary offences and
providing for such disciplinary punishments as the
Corporation may deem appropriate, and the
punishments so provided may extend to dismissal or
reduction in rank; and
(iii) the procedure for disciplinary proceedings, which
should provide an opportunity for representations to
be made by an officer or servant against whom
disciplinary proceedings are taken before a decision
is arrived at by the disciplinary authority on the
disciplinary charge to be laid against such officer or
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Discipline of officers and servants
(5) The committee may invite any person who, in its opinion, is
possessed of special knowledge of advantage to it, to attend any
meeting of the committee and the person so invited shall not be
entitled to vote at any such meeting.
Imposition of surcharge
5C. If it appears to the Corporation that any person who is or was
in the employment of the Corporation—
(a) has failed to collect moneys owing to the Corporation for
the collection of which he isAdam
or wasHaida
responsible;
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(b) is or was responsible for any improper payment of moneys
from the Corporation or for any payment of such moneys
which is not duly vouched;
(c) is or was responsible for any deficiency in, or for the
destruction of, any moneys, stamps, securities, stores or
other property of the Corporation;
(d) being or having been an accounting officer, fails or has
failed to keep proper accounts or records; or
(e) has failed to make any payment, or is or was responsible
for any delay in the payment, of moneys from the Corporation
to any person to whom such payment is due under any
contract, agreement or arrangement entered into between
that person and the Corporation,
Notification of surcharge
Withdrawal of surcharge
5F. The amount of any surcharge imposed under section 5C and not
withdrawn under section 5E shall be a debt due to the Corporation
from the person against whom the surcharge is imposed and may be
sued for and recovered in any court at the suit of the Corporation and
may also be recovered by deduction—
(a) from the salary of the person surcharged if the Corporation
so directs; or
(b) from the pension of the person surcharged if the Corporation
so directs,
7A. The Corporation may employ and pay agents and technical
advisers, including advocates and solicitors, bankers or other persons,
to transact any business or to do any act required to be transacted or
done in the execution of its duties or for the better carrying into
effect of the purposes of this Act.
Consultative panels
7B . (1) The Minister may from time to time establish one or more
consultative panels.
Borrowing powers
Fees
10. (1) For the purposes of this Act there is hereby established a
National Productivity Corporation Fund (hereinafter referred to as
the “Fund”) and controlled by the Corporation.
(3) In this section the expression “loan funds” means such sums
as may be made available from time to time to the Government by
way of loan.
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Duties of the Corporation to conserve the Fund
15. (1) The Corporation shall keep proper accounts and other
records in respect of its operation and shall prepare statements of
accounts in respect of each financial year.
(3) After the end of each financial year, and as soon as the accounts
of the Corporation have been audited, the Corporation shall cause a copy
of the statement of accounts to be transmitted to the Minister, together
with a copy of any observations made by the Auditor General or other
auditor appointed under subsection (2) on any statement or on the
accounts of the Corporation.
(4) The Minister shall cause a copy of every such statement and
observations to be laid on the table of each House of Parliament.
Annual report
16. (1) The Corporation shall, not later than 31st day of March of
each year, cause to be made and transmitted to the Minister a report
dealing with the activities of the Corporation during the preceding
year and containing such information relating to the proceedings
and policy of the Corporation as the Minister may from time to time
require.
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(2) The Minister shall cause a copy of every such report to be laid
on the table of each House of Parliament.
(2) Except for the purposes of this Act or of any criminal proceedings
under this Act, no member or officer or servant of the Corporation
shall disclose any information with respect to any individual business,
which has been obtained by him in the course of his duties and which
is not published in pursuance of this Act; and a person contravening
this subsection shall be guilty of an offence and shall be liable on
conviction to imprisonment for a term not exceeding six months or
to a fine not exceeding one thousand ringgit or to both.
Regulations
[Subsection 3(2)]
1. (1) The following persons shall be disqualified from being appointed or being
members of the Corporation:
(a) a person who is of unsound mind or is otherwise incapable of
performing his duties;
(b) a bankrupt;
(c) a person who has been convicted of an offence and sentenced to
imprisonment for a term of not less than one year.
(2) A member of the Corporation shall vacate his office if he fails to attend
three consecutive meetings of the Corporation without the permission in writing
of the Chairman or if he becomes disqualified under subparagraph (1).
(3) Subject to subparagraphs (1) and (2), the Corporation shall determine its
own procedure.
2A. (1) The Corporation shall have a common seal which shall bear such device
as the Corporation shall approve and such seal may from time to time be broken,
changed, altered or made new as the Corporation may think fit.
(2) The common seal shall be kept in the custody of the Chairman or any
officer authorized in writing by the Corporation.
(3) The common seal of the Corporation shall be authenticated either by the
Chairman and one other member of the Corporation, or by the Chairman and the
Secretary of the Corporation, or by any officer authorized in writing by the
Corporation; and all deeds, documents and other instruments purporting to be
sealed with the said seal, authenticated as aforesaid, shall until the contrary is
proven, be deemed to have been validly executed:
(4) The common seal of the Corporation shall be officially and judicially
noticed.
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3. A member of the Corporation whether directly or indirectly by himself or his
partner, having any interest—
(a) in any company or undertaking with which the Corporation proposes
to make any contract; or
(b) in any such contract or in any matter under discussion by the Corporation,
shall disclose to the Corporation the fact of his interest and the nature thereof, and such
disclosure shall be recorded in the minutes of the meetings of the Corporation and the
member shall withdraw from any deliberation or decision of the Corporation relating
to the contract or matter.
4. (1) The Corporation shall cause minutes of all of its meetings to be maintained
and kept in a proper form.
(2) Any minutes made of meetings of the Corporation shall, if duly signed, be
admissible in evidence in all legal proceedings without further proof and every
meeting of the Corporation in respect of the proceedings of which minutes have
been so made shall be deemed to have been duly convened and held and all
members thereat to have been duly qualified to act.
5. No act done or proceeding taken under this Act shall be questioned on the
ground of—
(a) any vacancy in the membership of, or any defect in the establishment of
the Corporation;
(b) the contravention by any member of the Corporation of paragraph 3; or
(c) any omissions, defect or irregularity not affecting the merits of the case.
Act 408
LIST OF AMENDMENTS
Act 408
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
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