Malaysia legislation
Section 2
of LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA (AMENDMENT) ACT 2011
Section 2
The Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 [Act 520], which is referred to as the “principal Act” in this Act, is amended by substituting for section 2 the following section:
“2. (1) In this Act, unless the context otherwise requires—
“accreditation” means a procedure by which the Lembaga or any person authorized by it gives formal recognition that a body or person is competent to carry out a specific task relating to the construction industry;
“this Act” includes any subsidiary legislation made under this Act;
“member” means a member of the Lembaga including the
Chairman;
“construction material” means any type, size and nature of material, initial, temporary, intermediate or finished, whether manufactured locally or imported used for the purposes of construction industry;
“building” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, roof, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, road or bridge, or any structure support or foundation connected to the foregoing and any other erection, as the Minister may, by order published in the Gazette, declare to be a building;
“deal” means to handle, use, manufacture, supply, market, transfer, sell or buy, whether wholesale or retail, import or export;
“construction industry” means the industry related to construction works, including design, manufacturing, technology, material and workmanship and services for purposes of construction;
“training institution” means an institute, a place or premise providing training and other related activity for construction personnel;
“construction works” means the construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling, or demolition of—
(a)
any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;
(b)
any road, harbour works, railway, cableway, canal or aerodrome;
Lembaga Pembangunan Industri Pembinaan Malaysia
(Amendment)
(c)
any drainage, irrigation or river control works;
(d)
any electrical, mechanical, water, gas, petrochemical or telecommunication works; or
(e)
any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation works, and includes—
(A)
any works which form an important and integral part of or are preparatory to or temporary for the works described in paragraphs (a) to (e), including site clearance, soil investigation and improvement, earth-moving, excavation, laying of foundation, site restoration and landscaping; or
(B)
procurement of construction materials, equipment or workers, necessarily required for any work described in paragraphs (a) to (e);
“Chief Executive” means the Chief Executive appointed under section 11;
“codes of practice” means any code, guideline, standard, rule, specification or approved practice of the Lembaga;
“contractor” means a person who carries out or completes or undertakes to carry out or complete any construction works;
“registered contractor” means a contractor registered in accordance with this Act;
“Fund” means the fund established under section 15;
“training” includes preparing or undergoing certain process to upgrade a person’s skill and knowledge in relation to construction industry;
“Lembaga” means the Lembaga Pembangunan Industri
Pembinaan Malaysia established under section 3;
“Minister” means the Minister for the time being charged with the responsibility for matters relating to works;
“construction workmanship” means the technique, method or process of construction, which includes the end product of the construction works;
“authorized officer” means—
(a)
an officer of the Lembaga authorized under section 35; or
(b)
a police officer not below the rank of Inspector under section 35V;
“general construction worker” means any employee or class of employee who is not skilled and who is engaged in manual work;
“skilled construction worker” means any employee possessing the accepted level of skill, knowledge, qualification and experience of one or more of the trades as determined by the Lembaga and listed in the Third Schedule;
“semi-skilled construction worker” means any employee possessing the accepted level of skill, knowledge, qualification and experience of one or more of the trades as determined by the Lembaga;
“certification” means a procedure by which the Lembaga or any person authorized by it gives written assurance that a process, practice or service conforms with specified requirements;
“Chairman” means the Chairman of the Lembaga appointed under section 5;
“Manager” means any officer of the Lembaga who holds the position equivalent to Grade 41 and above in the Government service;
“construction project manager” means any employee possessing the accepted level of skill, knowledge and experience as may be determined and who is assigned to the construction site or any other such place to organize,
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plan, control and co-ordinate the construction works from the inception to completion;
“construction site supervisor” means any employee possessing the accepted level of skill, knowledge and experience who is assigned to a construction site or any other such place to supervise the construction works;
“construction personnel” means—
(a)
general construction workers;
(b)
semi-skilled construction workers;
(c)
skilled construction workers;
(d)
construction site supervisors;
(e)
construction project managers; and
(f)
any other employee in construction industry as may be determined by the Lembaga;
“registered construction personnel” means a construction personnel registered or certified in accordance with this
Act;
“Industrialised Building System or IBS” means the technique of construction whereby components are manufactured in a controlled environment, either at site or off-site and subsequently transported, positioned and assembled into construction works;
“standards” has the same meaning as that assigned to it in the Standards of Malaysia Act 1996 [Act 549] and the
National Skills Development Act 2006 [Act 652];
“company” has the same meaning as that assigned to
“corporation” under subsection 4(1) of the Companies Act 1965 [Act 125].
(2)
For the purpose of this Act, any person who has been awarded or executed any contract for construction works, or has undertaken to carry out, manage or complete any construction works, or has carried out, managed or completed any construction works shall be deemed to be a contractor unless proven otherwise.”.
Amendment of section 3