*POPULATION AND FAMILY DEVELOPMENT ACT 1966

This Act shall apply throughout Malaysia.

Interpretation

The First Schedule to this Act shall have effect with respect to the Board.

Population and Family Development 9

Functions of the Board

to advise the Government on matters relating to policies and programmes on population, family development and human reproduction;

to plan, implement and co-ordinate population, family development and human reproduction programmes and activities;

to disseminate knowledge and educate and promote positive behaviour on population, family development and human reproduction;

to be responsible for the training of persons involved in population, family development and human reproduction work;

to provide for the training of trainers in the areas of population, family development and human reproduction through skills development, continuing education, networking, technical co-operation among countries and sharing of information communication technology and technical resources;

to be responsible in identifying and promoting research needs and priorities, and conducting research as well as studies on population, family development and human reproduction, including medical and biomedical studies;

to provide services based on current and emerging needs due to changes affecting population, family development and human reproduction;

to establish and maintain an ongoing monitoring and evaluation system by means of which it will be possible from time to time to assess the effectiveness of the

10 Laws of Malaysia ACT 352

programme and the progress towards the attainment of national objectives; and

to do such other things as it considers fit to enable it to perform its functions effectively or that are incidental to the performance of its functions.

Powers of the Board

Without prejudice to the generality of subsection (1), the powers of the Board shall include the power—

where it appears requisite, advantageous or convenient for or in connection with the discharge of the functions, exercise of the powers and carrying on of the activities of the Board, enter into equity participation, partnership, joint venture, undertaking or any other form of co-operation or arrangement in association, or otherwise, with―

an enterprise, a company, or a private undertaking constituted for the carrying on of business in

Malaysia or elsewhere;

establish or promote the establishment of companies under the Companies Act 1965 [Act 125], to carry on or engage in any activity which has been planned or is being undertaken by the Board; or

by order published in the Gazette, establish a corporation, by such name as the Board deems fit, to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Board in the performance of its functions, the exercise of its powers or the discharge of its duties.

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The provisions of the Second Schedule shall apply to every corporation established by the Board under paragraph (c).

Membership of the Board

a Chairman and a Deputy Chairman to be appointed by the Minister;

a Director General;

the Secretary General of the Ministry responsible for population and family development or his representative;

not more than nine members each of whom shall be a representative of any Ministry or government agency as the Minister may deem expedient; and

not more than nine members to be appointed by the

Minister from amongst members of the public and non-governmental organizations who possess expertise in the areas of population, family development and human reproduction.

Tenure of office

When attending meetings of the Board an alternate member shall for all purposes be deemed to be a member of the Board.

An alternate member shall, unless he sooner resigns or his appointment is sooner revoked, 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.

Executive Committee

If at any meeting of the Board neither the Chairman nor the

Deputy Chairman is present or if a meeting is held during any period of vacancy in the offices of the Chairman and Deputy Chairman, the members present shall elect one of the Board members appointed under paragraph 4(d) to preside at the meeting.

Revocation and resignation

A member may at any time resign his office by a written notice addressed to the Minister.

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Vacation of office

if he dies;

if there has been proved against him, or he has been convicted on, a charge in respect of―

an offence involving fraud, dishonesty or moral turpitude;

if he becomes a bankrupt;

if he is of unsound mind or otherwise incapable of discharging his duties;

if he absents himself from three consecutive meetings of the Board without leave of the Chairman or in the case of the Chairman, without leave of the Minister;

if his resignation is accepted by the Minister; or

if his appointment is revoked by the Minister.

Where any person ceases to be a member by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with sections 4 and 4A.

Non-liability of members of Board

A delegation under this section shall not preclude the Board itself from performing or exercising at any time any of the powers so delegated.

Without prejudice to the generality of subsection (1) and the other provisions of this Act, the Board may delegate to the Director

General―

The Board shall vest in the Director General such powers and shall impose upon him such duties as the Board may determine.

The Director General shall be responsible for the execution of government policies pertaining to population, family development and human reproduction, and any other policy as the Board deems fit.

The Director General shall also be responsible for―

The Director General shall have general control of the officers and servants of the Board.

Population and Family Development 17

The Director General shall perform such further duties as the

Board may direct.

In discharging his duties, the Director General shall act under the general authority and direction of the Board.

If the Director General is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other reason from performing his duties, or if the office of the Director General is for the time being vacant, the Board may direct the Deputy Director

General to perform his duties during such temporary absence, incapacity or vacancy.

For the purposes of subsection (8)―

The Director General shall do all other matters or things as may be necessary or incidental to or consequential upon the exercise of powers, functions or duties under this Act.

Appointment of officers and servants

with the approval of the Minister, appoint such number of

Deputy Directors General;

appoint such number of officers and servants as may be necessary for carrying out the purposes of this Act, on such terms, and conditions as the Board deems desirable.

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No person shall be eligible for employment as an officer or servant of the Board 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 Board.

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

The Fund shall consist of―

The expenses of the Board up to such amounts as may be authorized by the Minister for any one year shall be defrayed from the funds of the Board in accordance with the estimates as approved by the Minister under section 9B.

Expenditure to be charged on the Fund

The accounts of the Board shall be audited annually by the

Auditor General or any other auditor as may be approved by the

Minister of Finance.

After the end of each financial year and as soon as the accounts of the Board have been audited the Board shall cause a copy of the statement of accounts to be transmitted to the Minister together

20 Laws of Malaysia ACT 352

with a copy of any observations made by the Auditor General or other auditor on any statement or on the accounts of the Board.

The Minister shall cause a copy of every such statement and observations to be laid on the table of each House of Parliament.

Statutory Bodies (Accounts and Annual Reports) Act 1980

The Board 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.

Annual report

Without prejudice to the generality of subsection (1), the

Minister may make regulations for all or any of the following purposes:

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

a bankrupt;

a person who has been convicted of an offence involving fraud, dishonesty or moral turpitude, an offence under any law relating to corruption or any other offence punishable with imprisonment in itself only or in addition to or in lieu of a fine.

(Deleted by Act A1280).

If on any question to be determined by the Board there is an equality of votes, the Chairman or other member acting as Chairman shall have a casting vote.

Subject to subparagraphs (1) and (2) the Board shall determine its own procedure.

The seal of the Board shall be authenticated by the Chairman, Deputy

Chairman and Director General, and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is shown be deemed to have been validly executed.

The Board shall have a common seal which shall bear such device as the

Board shall approve and such seal may be broken, changed, altered or made anew as the Board deems fit.

Until a seal is provided by the Board, a stamp bearing the logo and word “………… ”may be used and shall be deemed to be the common seal of the

Board.

The common seal shall be kept in the custody of the Director General or such other person as may be authorized by the Board.

The common seal of the Board shall be officially and judicially noticed.

Population and Family Development 25

the purposes and objects for which the corporation is established;

the rights, powers, duties and functions of such corporation;

the system of management of the corporation; and

the relations between such corporation and the Board and the Board’s rights of control over such corporation.

Limitation on power to establish corporation

Upon the dissolution of any corporation under this paragraph, the assets of the corporation after discharging all its liabilities shall be transferred to and shall vest in the Board.

The winding up of a corporation under this paragraph shall be conducted in such manner as the Board may prescribe.

Corporations to be bodies corporate

Until a seal is provided by the corporation, a stamp bearing the name of the corporation may be used and shall be deemed to be the common seal of the corporation.

The common seal shall be kept in the custody of such person as may be authorized by the corporation, and shall be authenticated by such person; and all deeds, documents, and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall, until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

The common seal of any corporation shall be officially and judicially noticed.

_______________________________

28

Act 352

LIST OF AMENDMENTS

Amending law Short title

In force from

Act A327

Penal Code (Amendment and 31-03-1976

Extension) Act 1976

Act A363

Family Planning (Amendment)

29-10-1976

Act 1976

Act A592

Family Planning (Amendment)

29-06-1984

Act 1976

Act A1280

Population and Family

08-02-2007

Development (Amendment)

Act 2006

_________________

29

Act 352

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2

Act 1280 08-02-2007

3

Act 1280 08-02-2007

3A–3C

Act 1280 08-02-2007

4

Act 1280 08-02-2007

4A–4G

Act 1280 08-02-2007

5

Act 1280 08-02-2007

6

Act 1280 08-02-2007

7

Act 1280 08-02-2007

7A

Act 1280 08-02-2007