Malaysia legislation

Section 15

of *PORT AUTHORITIES ACT 1963

Section 15

Power to make rules relating to salaries, provident fund scheme, etc.

(2)

Rules under this section may provide—

(a)

for the establishment and management, as from such date

(whether before or after the establishment of the authority)

as may be specified in the rules, of a contributory provident fund, and for the transfer into that fund of contributions or parts of contributions paid into any other provident fund in anticipation of the establishment of the first-mentioned fund;

(b)

for retirement benefits to officers and servants who retire or otherwise cease to hold office as such officers or servants;

(c)

for the making of loans to officers and servants for such purposes as approved by the Minister on such terms and conditions as the authority may think fit.

(3)

The following provisions shall apply to any rules made by virtue of paragraphs (2)(a) and (b):

(a)

no donation, contribution, gratuity, allowance or other payment payable under such rules, nor any right or interest acquired by any person to any gratuity, allowance or other payment thereunder, shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of a debt or claim whatsoever, other than a debt due to the authority;

(b)

any moneys paid under such rules on the death of any person shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of such deceased person, but shall not be deemed to form part of his estate or be subject to his debts;

26 Laws of Malaysia ACT 488

(c)

any person may by his will or by a memorandum under his hand appoint a trustee of the moneys payable on his death under any such rules, and may provide for the appointment of a new trustees of such moneys and for the investment thereof;

(d)

if at the time of the death of any person or at any time afterwards there is no trustee of such moneys or it is expedient to appoint a new trustee or trustees, then and in any such case a trustee or trustees or a new trustee or trustees may be appointed by the High Court or a Judge thereof;

(e)

the receipt of a trustee or trustees duly appointed, or in default of any such appointment the receipt of the legal personal representative of a deceased person, shall be a discharge for any moneys payable on his death under any such rules;

(f)

no donation, contribution or interest paid under any such rules shall be subject to the debts of the contributor, nor shall such donation, contribution or interest be paid to the Director

General of Insolvency on the bankruptcy of a contributor under any such rules, but if such contributor is adjudicated a bankrupt or is declared insolvent by judgment of the Court, such donation or contribution or interest shall, subject to such rules, be deemed to be impressed with a trust in favour of the person entitled thereto on the death of the contributor;

(g)

the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such rules, but such deductions shall continue to be made notwithstanding any written law, and the portion of salary so deducted shall be deemed not to form part of his after-acquired property;

(h)

any officer or servant who is a contributor under such rules shall, if he is dismissed from service as such officer or servant for fraud or dishonesty or misconduct which involves pecuniary loss to the authority, or retires or resigns

Port Authorities 27

his office with intent to escape discharge or dismissal in consequence of such fraud, dishonesty or misconduct, forfeit, subject to such conditions as may be provided by the rules all or any part of the contributions made by the authority and the interest accrued thereon, as the authority in its discretion thinks fit; an appeal shall lie to the Minister against any such forfeiture.

(4)

Rules made under this section, other than rules relating to provident funds, pensions and other retiring benefits of officers and servants, shall not be required to be published in the Gazette.

Section 15 — PORT AUTHORITIES ACT 1963 | mylaw.my