Malaysia legislation

Section 45

of *TABUNG HAJI ACT 1995

Section 45

Power to make regulations

(2)

Without prejudice to the generality of subsection (1), regulations may be made—

(a)

with respect to the establishing of committees and the procedure of such committees;

(b)

to impose fees in such cases as may be determined by the

Lembaga;

(c)

for the keeping, closing and auditing of the accounts of the Lembaga including matters on its own financial and accounting procedures;

(d)

to regulate its own procedure including the procedure relating to personnel and operational matters and the borrowing of moneys;

(e)

to deal with deposits into and withdrawals from the Fund, and in particular—

(i)

to provide for the nomination by a depositor of the persons to whom any amount standing to his credit in the Fund at the time of his death is to be paid on his death, for the manner in which such nomination may be revoked and for the circumstances in which it is to be treated as having ceased to be operative and for payment of such amount to the nominee so nominated;

(ii)

to provide for the payment of the sum standing to the credit of a depositor at the time of his death where there is no nomination by the depositor of the person to whom such sum is to be paid on his death; or

(iii)

to provide for the manner of payment of the distributable profit in the case of the death of a depositor or upon withdrawal;

34 Laws of Malaysia ACT 535

(f)

to prescribe the responsibilities and control of officers and servants of the Lembaga including matters relating to disciplinary proceedings and disciplinary punishments and appeals in respect thereof and in respect of salaries, allowances, terms and conditions of service, period of service and leave of its officers and servants;

(g)

to prescribe the manner in which documents, cheques and instruments of any description shall be signed or executed on behalf of the Lembaga;

(h)

to provide for the form of and procedure in issuing

Passport Haji;

(i)

to prescribe the person by whom and the conditions upon which Passport Haji may be granted;

(j)

to provide for the grant of loans or advances to any officer or servant of the Lembaga―

(i)

for the purchase or erection of a house in which he resides or intends to reside or to discharge any charge or mortgage or other encumbrance on such a house;

(ii)

for the purchase of a vehicle for his personal use,

(iii)

for the acquisition of personal computers or other articles necessary or useful for the better performance of his duties as such officer or servant; or

(iv)

for any educational or medical expenses he needs;

(k)

to prescribe the terms and conditions and the procedure for the grant of loans or advances to any officer or servant of the Lembaga including, where the loan is for the purpose of purchasing or erecting a house or discharging any encumbrance on a house, the condition that the house including the land on which it stands shall be charged or assigned to the Lembaga as security for such loan;

Tabung Haji 35

(l)

to provide for the procedure for the compounding of offences;

(m)

to provide for the destruction of records and documents after prior consultation with the National Archives; and

(n)

to provide for all matters which are required to be prescribed or which are necessary or expedient to give effect to this Act.

(3)

Regulations made under this section—

(a)

may provide that any act or omission in contravention of any provision thereof shall be an offence; and

(b)

may provide for the imposition of a fine not exceeding five thousand ringgit or a term of imprisonment not exceeding one year for such offence.

Power to amend Schedule

Section 45 — TABUNG HAJI ACT 1995 | mylaw.my