*VETERANS ACT 2012

This Act comes into operation on a date to be appointed by the

Minister by notification in the Gazette.

Interpretation

organizing any welfare and socioeconomic programs for veterans and their dependants;

organizing any campaign in relation to the interests of veterans and their dependants;

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raising funds, donations or monetary contributions for the welfare of veterans or members of any veterans association;

organizing any appreciation and acknowledgement programs for veterans;

organizing or promoting any awareness programs for the interest and benefit of veterans; and

participating in conferences, meetings, congregations or programs in relation to veterans held in Malaysia or elsewhere;

“Department” means the Malaysian Armed Forces Veterans Affairs

Department;

“Council” means the National Veterans Council;

“Minister” means the Minister charged with the responsibility for defence;

“Registrar” means the Registrar appointed under section 7;

“association” means any organization, society, association, club or body consisting of at least fifty percent membership amongst former members of the Malaysian Armed Forces or the Commonwealth

Forces who have served in Malaysia;

“veterans association” means any association which is registered under this Act;

“veteran” means a Malaysian citizen who has served full time and has not been retired or discharged from service on grounds of misconduct in any of the following Forces:

regular forces of the Malaysian Armed Forces;

volunteer forces mobilized full time by the Malaysian

Armed Forces regardless of length of service;

Force 136;

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British Forces who served in Malaya, Malaysia or

Singapore; and

Sarawak Rangers.

The Council shall consist of the following members:

A member of the Council appointed under paragraph (2)(e)

shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and is eligible for reappointment for a term not exceeding two consecutive terms.

Functions of the Council

to formulate policies and plans of action relating to veterans’ affairs;

to oversee the implementation of policies and plans of action relating to veterans’ affairs;

to coordinate and monitor the implementation of policies and plans of action relating to veterans with the relevant ministries, government agencies, bodies or organizations and the private sector;

to advise and make recommendations on the formulation of any legislation or amendment of any existing legislation in order to secure the welfare and interests of the veterans;

to advise the Government on the issues of veterans’ affairs including the developments at the international level;

to act as the monitoring body for all veterans associations in Malaysia; and

to perform any other functions as directed by the Minister for the proper implementation of this Act.

The Council shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions.

The Council shall regulate its own proceedings.

Allowances

Any register of veterans kept and maintained by the Ministry of Defence and the Department immediately before the coming into operation of this Act shall, on the coming into operation of this Act, be deemed to be registers kept and maintained under subsection (1) and shall be deemed to form part of such register of veterans.

Application for registration

Every application under subsection (1) shall be accompanied by such document or information as may be prescribed.

Power of Registrar to require applicant to provide additional document or information

Where the applicant fails to provide the additional document or information required by the Registrar under subsection (1) within the specified time or any extended time as may be specified by the

Registrar, the application is deemed to have been withdrawn and shall not be proceeded with by the Registrar, but without prejudice to a fresh application being made by the applicant.

Registration or refusal to register

Where the application is approved, the Registrar shall register the applicant by entering the applicant’s particulars in the register of veterans referred to in section 8.

Where the application is refused, the applicant may appeal to the Minister whose decision shall be final.

Notwithstanding subsection (1), and sections 9 and 10, any person who immediately before the coming into operation of this Act is registered as a veteran with the Jabatan Arah Rekod dan Pencen

Markas Angkatan Tentera Malaysia shall, on the coming into operation of this Act, be deemed to be a veteran registered under this Act.

Issuance of Veteran Card

The Veteran Card issued under subsection (1) shall be conclusive evidence for all purposes that the person has been duly registered as a veteran under this Act.

Any person to whom a Kad Bekas Tentera has been issued by the Jabatan Arah Rekod dan Pencen Markas Angkatan Tentera

Malaysia immediately before the coming into operation of this Act and

Veterans 11

deemed to be a veteran under subsection 11(4) shall be issued a

Veteran Card under this Act.

An association which intends to carry out any veteran activity shall apply to the Registrar for registration under this Act in such manner and form as may be prescribed.

The Registrar may require the applicant to provide any document or information as may be prescribed.

Registration of veterans association

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

Registrar is satisfied that such association is a non-political organization for the advancement of the welfare of veterans and that the constitution of such association contains provisions for such matters as set out in the Schedule, the Registrar shall approve the registration of such association as a veterans association under this Act.

Register of veterans associations

The Registrar may impose any conditions, including the payment of any fees, as he deems fit upon the registered veterans association.

A veterans association registered under this Act shall, if its constitution does not contain the matters set out in the Schedule, amend its constitution within twenty-one days after its registration to include such matters.

Certificate of registration

A certificate of registration, unless proved to have been subsequently revoked, shall be conclusive evidence for all purposes that the association has been duly registered by the Registrar as a veterans association under this Act.

Association registered under the Societies Act 1966

has been registered as a result of a fraud, mistake or misrepresentation;

has failed to comply with any of the conditions imposed by the Registrar under section 15;

has contravened any provision of this Act or any regulations made under this Act;

is inactive or is no longer a fit and proper entity to be registered to represent veterans in Malaysia or elsewhere;

is hindering the advancement of veterans and it is in the public interest to revoke or suspend its registration;

has failed or neglected to remedy any malpractice, misconduct or irregularity on the part of its office-bearers or its members within the period specified in the written notice given by the Registrar; or

is inactive, uncooperative or obstructive in the implementation of the regulations, policies or guidelines made under this Act.

Before revoking or suspending the registration of a veterans association under subsection (1), the Registrar shall give the association an opportunity to submit reasons, if any, against the proposed revocation or suspension.

Appeal

in refusing to register such association;

in imposing conditions on the registration of such association; or

in revoking or suspending the registration of such association, may, within thirty days from the date of the notification of the decision of the Registrar, appeal to the Minister whose decision shall be final.

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Before making any decision under subsection (1), the Minister may refer the matter to the Council for its advice.

Directions to continue functions of association

Notwithstanding subsection (1), the Minister may, upon the advice of the Registrar or at any time he deems it necessary and expedient, require any veterans association to refer any dispute to him for resolution.

The decision of the Minister under this section shall be final;

but the Minister may seek advice of the Council or any other committee established by the Minister for that purpose before making his decision.

Consequences of refusal, revocation or suspension of registration

such association shall not organize, conduct, sanction or participate in any veteran activity or any events or forum relating to veterans’ affairs whether within or outside

Malaysia; and

such association shall not receive or continue to receive funding for veteran activity or any matter in connection with the interest, affairs or welfare of veterans from the

Government or any statutory body.

Without prejudice to the generality of subsection (1), such regulations may prescribe for any or all of the following: