Malaysia legislation
Section 73
Section 73
Minister may by notification in the Gazette—
The Board may, in addition to the other duties imposed and powers conferred upon it under this Act, make rules—
(a)
to provide for the payment of all contributions under this
Act or any part thereof, omitted to be paid;
(aa) to prescribe any matter relating to the taking up of an insurance policy under Part VIA, including the procedures on the taking up of an insurance policy;
(b)
to provide for the keeping of books, accounts or records by employers;
(c)
to prescribe the returns to be made by employers, and the forms and registers to be used, in carrying out any of the provisions of this Act;
(d)
to prescribe the procedure to be followed when contributions are deposited by the employer in the Fund;
(da) to provide for any matter relating to the election by the members of the Fund for their accounts to be managed
88 Laws of Malaysia according to Shariah under section 43A and the management of such accounts;
(e)
to provide, in cases where an employee is employed concurrently by two or more employers, the extent of the obligation of such employers as to payment of contributions under this Act;
(f)
to provide for the return of contributions, or any part of such contributions, paid in error;
(g)
to prescribe the procedure to be followed for the purpose of nomination and revocation of nomination, and the particulars to be furnished;
(h)
to prescribe the procedure relating to withdrawal from the
Fund;
(i)
to provide for the appointment of medical boards for the purpose of paragraph 54(1)(c) and for such other purposes as may be prescribed;
(j)
to prescribe the evidence to be produced and the person, officer or authority to whom such evidence is to be produced for the purposes of section 54;
(k)
to provide for the disposal of amounts which are unclaimed, unpaid or otherwise remain in the Fund;
(l)
to prescribe the procedure to be followed for the disposal of matters relating to employer’s and employee’s account;
(m)
(i)
to make such disciplinary rules as it deems necessary or expedient to provide for the discipline of the officers and servants of the Board including temporary and contract officers of the Board;
(ii)
the disciplinary rules made by the Board under this
Act may include provisions for the interdiction with reduction in salary or in other remuneration, or
Employees Provident Fund 89
provisions for the suspension without salary or other remuneration, of an officer or servant of the Board during the pendency of disciplinary proceedings;
(iii)
the disciplinary rules made under this Act shall create such disciplinary offences and provide for such disciplinary punishments as the Board may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank;
(iv)
the disciplinary rules made under this Act may, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made in certain circumstances by the person against whom the disciplinary proceedings are taken before a decision is arrived at by the disciplinary authority on the disciplinary charge laid against such person;
(n)
to prescribe for anything which relates to investment under
Part IIIA including the procedures for investment;
(na) to prescribe for any matter relating to the transfer of credit under Part VA including the withdrawal for the transferred credit;
(o)
(Deleted by Act A1504);
(p)
to prescribe anything which may be prescribed by the Board under this Act.
Powers of Minister to amend the Schedules