Malaysia legislation

Section 28

of DEWAN BAHASA DAN PUSTAKA ACT 1959

Section 28

(2)

Rules made under this section may provide—

(a)

for the establishment and management of such pension, gratuity, superannuation or provident fund scheme; and

Dewan Bahasa dan Pustaka 25

(b)

for the transfer into that fund or scheme of contributions or parts of such contributions paid into any other provident fund or fund in anticipation of the establishment of the fund under this section.

(3)

The following provisions shall apply to any rules made under this section—

(a)

no donation, contribution, gratuity, allowance or other payment payable under such rules, nor any right or interest acquired by any person to any gratuity, allowance or other payment thereunder, shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Government;

(b)

any moneys paid under any such rules on the death of any person shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of such deceased person, but shall not be deemed to form part of his estate or be subject to his debts;

(c)

any person may by his will or by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death under any such rules, and may provide for the appointment of a new trustee or trustees of such moneys and for the investment thereof;

(d)

if at the time of the death of any person or at any time afterwards there is no trustee of such moneys or it is expedient to appoint a new trustee or trustees, then in any such case a trustee or trustees or a new trustee or trustees may be appointed by the High Court or a Judge thereof;

(e)

the receipt of a trustee or trustees duly appointed or in default of any such appointment the receipt of the legal personal representative of a deceased person, shall be a discharge for any moneys payable on his death under any such rules;

(f)

no donation, contribution or interest paid under any such rules shall be subject to the debts of the contributor, nor shall such donation, contribution or interest be paid to the Director General of Insolvency on the bankruptcy of a contributor under any such rules, but if such contributor is adjudicated a bankrupt or is declared insolvent by judgment of the court, such donation, contribution or

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interest shall, subject to the provisions of such rules, be deemed to be impressed with a trust in favour of the persons entitled thereto on the death of the contributor;

(g)

the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with such rules, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall be deemed not to form part of his after-acquired property;

(h)

any person who is a contributor under any such rules shall, if he is dismissed from service for fraud, dishonesty or misconduct which involves pecuniary loss to the Board, or retires from or resigns his office with intent to escape discharge or dismissal in consequence of such fraud, dishonesty or misconduct, forfeit, subject to such conditions as may be provided by the rules, all or any part of the contributions made by the Board and the interest accrued thereon as the Board may think fit; an appeal shall lie to the Minister against any such forfeiture.

Dewan Bahasa dan Pustaka 27

Act 213

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 53/1966

Dewan Bahasa dan Pustaka 28-07-1966

(Amendment) Act 1966

Act A47

Dewan Bahasa dan Pustaka 30-04-1971

(Amendment) Act 1971

Act A79

Dewan Bahasa dan Pustaka 17-09-1971

(Amendment) (No. 2) Act 1971

Act A930

Dewan Bahasa dan Pustaka 11-01-1996

(Amendment and Extension) Act 1995

P.U. (A) 71/2003

Revision of Laws (Rectification of 07-03-2003

Dewan Bahasa dan Pustaka Act

1959) Order 2003

ACT 213 28

Act 213

LIST OF SECTIONS AMENDED

Section

Amending Authority

In force from 1

Act A930 11-01-1996 2

Act A930 11-01-1996 4

Act A930 11-01-1996 5

Act A930 11-01-1996 6

Act A930 11-01-1996 6A

Act A930 11-01-1996 6B

Act A930 11-01-1996 7

Act A930 11-01-1996 7A

Act A930 11-01-1996 11

Act A930 11-01-1996 11A

Act A930 11-01-1996 11B

Heading to

16A

Act A930 11-01-1996 17

Act A930 11-01-1996 18A

Act A930 11-01-1996 18B

Act A930 11-01-1996 22

Dewan Bahasa dan Pustaka 29 24A

Act A930 11-01-1996 24B

Act A930 11-01-1996 24C

Act A930 11-01-1996 24D

Act A930 11-01-1996 25A

Act A930 11-01-1996 27

Throughout

Act A47 30-04-1971

the Act

KUALA LUMPUR

Section

Amending Authority

In force from