*MALAYSIA PRODUCTIVITY CORPORATION (INCORPORATION) ACT 1966

This Act shall apply throughout Malaysia.

Interpretation

The Schedule to this Act shall have effect with respect to the

Corporation.

The Corporation shall consist of the following members:

The members mentioned in subsection (3) other than the Director

General shall be appointed by the Minister.

The members mentioned in subsection (3) may elect from amongst themselves a temporary Chairman to preside over any meetings of the

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Corporation during the temporary incapacity from illness, or temporary absence from Malaysia, of the Chairman and Deputy Chairman.

A member of the Corporation, other than the Director General, shall, unless his appointment is sooner resigned or revoked, hold office for such period not exceeding three years as may be specified in the instrument appointing him, and shall be eligible for reappointment.

Alternate members

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

An alternate member shall, unless he sooner resigns his membership, or his appointment is sooner revoked, cease to be an alternate member when the member for whom he is an alternate member ceases to be a member.

Terms of appointment of Chairman and members

There may be paid to the members of the Corporation such fees and allowances as the Minister may determine.

Appointment of Board of Management and other officers

shall, with the approval of the Minister, appoint an executive officer who shall be the Director General;

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may appoint such other officers as may be necessary on such terms and conditions as it thinks fit, to the Board of Management which shall be responsible for the day to day administration and management of the affairs of the Corporation and which shall perform such duties and exercise such powers as may be delegated to it by the Corporation.

The Corporation may appoint, on such terms and conditions as it thinks fit, such other officers and servants as it may consider necessary for carrying out the purposes of this Act.

The Corporation may with the approval of the Minister make rules―

two members to be elected by and from the members of the

Corporation, one of whom shall be elected chairman; and

the Director General appointed under subsection 5(1).

The disciplinary authority in respect of every officer and servant of the Corporation other than the Director General shall be the Disciplinary

Committee of the Corporation established under subsection (1).

The Disciplinary Committee in respect of the Director General shall consist of the Chairman of the Corporation as chairman and two members to be elected by and from the members of the Corporation.

The Director General shall not be a member of the Disciplinary

Committee in any proceedings before it in which he is the complainant; his place shall be taken by a member to be elected by and from the members of the Corporation.

In the exercise of its disciplinary functions, the Disciplinary

Committee shall have the power to impose such disciplinary punishment as may be provided for under any rules that may be made under section 5.

The Disciplinary Committee may, subject to subsection (7), delegate any of its disciplinary functions, powers or duties to any committee of officers or servants of the Corporation, in respect of any particular officer or servant of the Corporation, or in respect of any class or category of officers or servants of the Corporation, and the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under

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the direction and control of the Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such committee.

No delegation shall be made under subsection (6) so as to enable an officer or servant of the Corporation to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank.

Any officer or servant of the Corporation who is dissatisfied with the decision of the Disciplinary Committee or of any committee delegated with functions, powers or duties under subsection (6) may, within fourteen days, appeal in writing against such decision to the Corporation which may thereupon affirm, reverse or give such directions on the matter as it deems fit and proper.

The decision of the Corporation upon such appeal shall be final.

Corporation may appoint committees

The committee so appointed shall regulate its own procedure.

Any committee so appointed shall conform to any instructions from time to time given to it by the Corporation, and the Corporation may at any time discontinue or alter the constitution of any committee so appointed.

There may be paid to members of any committee such remuneration or allowances as the Corporation may from time to time determine with the approval of the Minister.

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.

The committee shall report its recommendations to the Corporation.

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Imposition of surcharge

has failed to collect moneys owing to the Corporation for the collection of which he is or was responsible;

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;

is or was responsible for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the

Corporation;

being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

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, and if a satisfactory explanation is not, within a period specified by the

Corporation, furnished to the Corporation with regard to the failure to collect, improper payment, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Corporation may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the Corporation may surcharge against the said person such sum as the Corporation may think fit.

Notification of surcharge

from the salary of the person surcharged if the Corporation so directs;

or

from the pension of the person surcharged if the Corporation so directs, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of the person.

Direction on policy by the Minister

to lead in the promotion and dissemination of productivity related information and issues;

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to establish an information and reference centre for productivity indices for the country and for management systems and case studies;

to generate local expertise in the field of productivity, quality, management and entrepreneurship;

to enhance the development of human resources both at the supervisory and management levels in the country;

to advise on and coordinate the implementation of programmes and activities related to productivity and quality;

to assess and certify supervisory and management training programmes, entrepreneurship programmes, and productivity and quality management programmes conducted by the private sector for the public;

to conduct training or other programmes relating to productivity, quality, management and entrepreneurship;

to provide consultancy services relating to productivity, quality, management and entrepreneurship;

to collect, produce and publish information on productivity, quality, management, entrepreneurship and other related subject matters;

to carry on business undertakings for the purpose of the discharge of its functions under this Act with the approval of the Minister;

to report annually to the Minister on the progress and problems of raising productivity in commerce and industry in the country and to make recommendations on the manner in which such problems may be dealt with; and

to do all such matters and things as may be incidental to or consequential upon the discharge of its functions under this Act.

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Power to employ agents

It shall be the function of a consultative panel established under subsection (1) to advise the Corporation on any matters referred to it by the

Corporation relating to the functions of the Corporation.

A consultative panel established under subsection (1) shall consist of―

The Minister may, in addition to the members specified in subsection (3), appoint any other member or members from amongst persons who are possessed of special knowledge in specified fields.

Power to transfer or dispose of activity, duty or function

The Corporation may make rules to regulate the activities of such person or body and prescribe the rates and charges that may be fixed by such person or body in respect of the activity, duty or function of such person or body under subsection (1).

Borrowing powers

The Fund shall consist of―

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.

Duties of the Corporation to conserve the Fund

for the payment of any expenses lawfully incurred by it and the remuneration of any officer or servant employed by the

Corporation, including superannuation allowances, pensions or gratuities;

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for the payment of any charges on any amount which may be allocated to the Corporation from loan funds;

for the making of loans to officers and servants of the Corporation for the purchase of bicycles, motor cycles and motor cars and for any other purpose approved by the Minister;

for the payment of any other expenses, cost or expenditure properly incurred or accepted by it in the exercise of the powers conferred on the Corporation by this Act.

Deposit and investment of the Fund

Before the beginning of September of each year the Corporation shall submit to the Minister an estimate of the revenue and expenditure (including those for development projects) for the following year in such form and containing such particulars as the Minister may require; and the Minister shall before the beginning of November of each year notify the Corporation of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

The Corporation 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.

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Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply

The accounts of the Corporation shall be audited annually by the

Auditor General or other auditor appointed by the Corporation with the approval of the Minister.

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.

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

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

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Application of Penal Code and obligation of secrecy

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