What is EMPLOYEES' SOCIAL SECURITY ACT 1969?

*EMPLOYEES' SOCIAL SECURITY ACT 1969 is Malaysia Act, cited as Act 4 1969, currently marked in force and first recorded in 1969.

Is EMPLOYEES' SOCIAL SECURITY ACT 1969 still in force?

Yes — EMPLOYEES' SOCIAL SECURITY ACT 1969 is currently in force.

When did EMPLOYEES' SOCIAL SECURITY ACT 1969 take effect?

EMPLOYEES' SOCIAL SECURITY ACT 1969 was first recorded in 1969.

How many sections does EMPLOYEES' SOCIAL SECURITY ACT 1969 have?

EMPLOYEES' SOCIAL SECURITY ACT 1969 contains 207 sections.

What amends EMPLOYEES' SOCIAL SECURITY ACT 1969?

EMPLOYEES' SOCIAL SECURITY ACT 1969 has been amended by EMPLOYEES' SOCIAL SECURITY (AMENDMENT) ACT 2012, AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016, EMPLOYEES' SOCIAL SECURITY (AMENDMENT) ACT 2022, AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2024, and EMPLOYEES’ SOCIAL SECURITY (AMENDMENT) ACT 2026.

Where can I read the official version of EMPLOYEES' SOCIAL SECURITY ACT 1969?

The official text of EMPLOYEES' SOCIAL SECURITY ACT 1969 is published at lom.agc.gov.my.

EMPLOYEES' SOCIAL SECURITY ACT 1969 (No. 4)

PRELIMINARY

Short title, extent, commencement and application

Section 1

(2)

This Act shall apply throughout Malaysia.

(3)

This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint and different dates may be appointed for different provisions of this Act and for different States or for different parts of it.

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Definitions

Section 2

In this Act unless there is anything repugnant in the subject or context—

(1)

(Deleted by Act A675);

(1A)

“Board”, except in Part V, means the Social Security

Organization Board established under section 59B;

(1B)

“child” means a child of the deceased insured person—

(a)

who is a child under twenty-one years of age and includes—

(i)

a posthumous child, a dependent stepchild and an illegitimate child of the insured person; and

(ii)

a child adopted by the insured person under any written law relating to adoption or under any custom or usage, on satisfactory proof of such adoption; and

(b)

who is a child of any age and is mentally retarded or physically incapacitated and is incapable of supporting himself.

(2)

“contribution” means the sum of money payable to the

Organization by the principal employer in respect of an insured employee and includes any amount payable by or on behalf of the employee in accordance with this Act;

(3)

“dependant” means any of the following relatives of a deceased insured person, namely:

(a)

a widow or widower or a child; and

(b)

if there is no widow or widower or child—

(i)

a daughter, if married and a minor, or if widowed and a minor;

Employees’ Social Security 13

(ii)

an unmarried minor brother or sister or a widowed minor sister;

(iii)

a widowed daughter-in-law;

(iv)

a minor child of a pre-deceased son;

(v)

a minor child of a pre-deceased daughter where no father of the child is alive;

(vi)

a parent; or

(vii)

a grandparent if no parent of the insured person is alive.

(c)

(Deleted by Act A814).

Provided that the Minister may give such direction as appears to him to be necessary for the removal of hardship to any other relative of a deceased insured person including an invalid widower;

(4)

“duly appointed” means appointed in accordance with this Act or with the rules or regulations made;

(5)

Subject to section 3, “employee” means any person who is employed for wages under a contract of service or apprenticeship with an employer, whether the contract is expressed or implied or is oral or in writing, on or in connection with the work of an industry to which this Act applies and—

(i)

who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the industry, whether such work is done by the employee on the premises of the industry or elsewhere; or

(ii)

who is employed by or through an immediate employer on the premises of the industry or under the supervision of the principal employer or his agent on work which is ordinarily part of the work of the industry or which is preliminary to

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the work carried on in or incidental to the purpose of the industry; or

(iii)

whose services are temporarily lent or let on hire to the principal employer by the person with whom the person whose services are so lent or let on hire has entered into a contract of service;

(6)

“employment injury” means a personal injury to an employee caused by accident or an occupational disease arising out of and in the course of his employment in an industry to which this Act applies;

(6A)

“Fund” means the Social Security Fund established under section 68;

(7)

(Deleted by Act A590);

(7A)

(Deleted by Act A675);

(8)

“Government” means the Government of Malaysia;

(9)

“immediate employer” in relation to employees employed by or through him, means a person who has undertaken the execution on the premises where the principal employer is carrying on his trade or business, profession, vocation, occupation or calling, or under the supervision of the principal employer or his agent, of the whole or any part of any work which is ordinarily part of the work of the trade or business, profession, vocation, occupation or calling, of the principal employer or is preliminary to the work carried on in, or incidental to the purpose of, any such trade or business, profession, vocation, occupation or calling, and includes a person by whom the services of an employee who has entered into a contract of service with him are temporarily lent or let on hire to the principal employer;

(10)

“industry”

means any business, trade, undertaking, manufacture or calling of employers, and includes any calling, service, employment, handicraft or industrial occupation or avocation of employees;

Employees’ Social Security 15

(10A)

“Inspector” means an Inspector appointed under section 12

and includes the Director General and every Deputy Director General;

(11)

“insured person” means a person who is or was an employee in respect of whom contributions are, were or could be payable under this

Act, notwithstanding that such industry or employee was not so registered, so long as the industry was one to which this Act applies;

(12)

“Minister” means the Minister charged with responsibility for human resources;

(13)

“minor” means a person who has not attained twenty-one years of age;

(14)

“month” means a month reckoned according to the Gregorian calendar;

(15)

The expressions “occupier” and “factory” shall have respectively the meanings assigned to them in the Factories and

Machinery Act 1967 [Act 139];

(16)

“Organization” means the Social Security Organization;

(17)

“permanent partial disablement” means such disablement of a permanent nature, as reduces the earning capacity of an employee in every employment which he was able to undertake at the time of the accident resulting in the disablement:

Provided that every injury specified in Part II of the Second Schedule shall be deemed to result in permanent partial disablement;

(18)

“permanent total disablement” means such disablement of a permanent nature, as disables an employee for all work which he was capable of performing at the time of the accident resulting in such disablement:

Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the Second Schedule or from any combination of injuries specified in Part II of it where the aggregate percentage of the loss of earning capacity, as specified in the

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said Part II against those injuries, amounts to one hundred per cent or more;

(19)

“principal employer” means the owner of an industry or the person with whom an employee has entered into a contract of service or apprenticeship and includes—

(a)

a manager, agent or person responsible for the payment of salary or wages to an employee;

(b)

the occupier of a factory;

(c)

the legal representative of a deceased owner or occupier;

(d)

any government in Malaysia, department of any such government, local authority or statutory body and, where an employee is employed with any such government, department, authority or body or with any officer on behalf of any such government, department, authority or body, the officer under whom such employee is working:

Provided that no such officer shall be personally liable under this Act for anything in good faith done or omitted to be done by him as an officer of such employer;

(20)

“regulation” means a regulation made by the Minister;

(21)

(Deleted by Act A450);

(22)

“Schedule” means a Schedule to this Act;

(23)

“temporary disablement” means a condition resulting from an employment injury which requires medical treatment and renders an employee, as a result of such injury, temporarily incapable of doing the work which he was doing prior to or at the time of the injury;

(24)

“wages” means all remuneration payable in money by an employer to an employee including any payment in respect of leave, holidays, overtime, and extra work on holidays but does not include—

Employees’ Social Security 17

(a)

any contribution payable by the principal employer or the immediate employer to any pension fund or provident fund, or under this Act;

(b)

any travelling allowance or the value of any travelling concession;

(c)

any sum paid to an employee to defray special expenses incurred as a result of his employment;

(d)

any gratuity payable on discharge or retirement;

(e)

annual bonus;

(f)

any other remuneration as may be prescribed.

INSURABILITY AND CONTRIBUTIONS

Applicability

Section 3

(2)

In this section, “employees” include any employee employed by the immediate employer.

(3)

This Act shall not apply to persons described in the

First Schedule.

(4)

The Minister may, by order published in the Gazette, amend the

First Schedule.

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Registration of industries

Section 4

Every industry to which this Act applies shall be registered with the Organization within such time and in such manner as may be specified in the regulations.

Section 5

All employees to be insured

(2)

Notwithstanding subsection (1), if the wages of an employee at any time exceed *six thousand ringgit a month, his wages shall for the purposes of this Act be deemed to be *six thousand ringgit a month.

Contributions

Section 6

(2)

The contributions shall fall into the following two categories, namely:

(a)

the contributions of the first category, being the contributions payable by or on behalf of the employees insured against the contingencies of invalidity and employment injury; and

(b)

the contributions of the second category, being the contributions payable by or on behalf of employees insured only against the contingency of employment injury.

*NOTE—Previously “five thousand ringgit”—see the Employees’ Social Security (Amendment) Act 2024 [Act A1724].

Employees’ Social Security 19

(3)

The contributions of the various categories shall be paid at the rates specified in the Third Schedule.

(4)

The contributions of the first category shall be shared by the employer and the employee in the ratio specified in Part I of the Third

Schedule.

(5)

The contributions of the second category shall be paid wholly by the employer.

(6)

The Minister, in consultation with the Minister of Finance may, by notification in the Gazette, amend, add to, vary or revise the rates of contributions specified in the Third Schedule.

(7)

A month shall be the unit in respect of which all contributions shall be payable under this Act.

(8)

The contributions payable in respect of each month shall ordinarily fall due on the last day of the month, and where an employee is employed by an employer for part of a month the contribution in respect of such month shall fall due on the last day of employment by such employer in that month.

(9)

Where two or more contributions are paid in respect of the same insured person for the same month, they shall be counted as a single monthly contribution.

(10)

In computing the average of assumed wage for the purpose of calculating the rate of pension or benefit payable under this Act, two or more monthly contributions paid in respect of the same insured person for the same month shall be treated as a single monthly contribution corresponding to the aggregate of the different assumed monthly wages to which the different contributions correspond:

Provided that where the aggregate of the different assumed monthly wages to which the different contributions correspond exceed the maximum assumed monthly wage, the assumed monthly wage shall be such maximum monthly wage.

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Principal employer to pay contributions in the first instance

Section 7

(2)

Notwithstanding anything contained in any other written law but subject to this Act and the regulations, if any, the principal employer shall, in the case of an employee directly employed by him, be entitled to recover from the employee the employee’s contribution by deduction from his wages and not otherwise:

Provided that no such deduction shall be made from any wages other than such as relate to the period or part of the period in respect of which the contribution is payable, or in excess of the sum representing the employee’s contribution for the period.

(3)

Notwithstanding any contract to the contrary, neither the principal employer nor the immediate employer shall be entitled to deduct the employer’s contribution from any wages payable to an employee or otherwise to recover it from him.

(4)

Any sum deducted by the principal employer from wages under this Act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted.

Recovery of contribution from immediate employer

Section 8

(2)

In the case referred to in subsection (1), the immediate employer shall be entitled to recover the employee’s contribution from the employee employed by or through him by deduction from wages and not otherwise, subject to the conditions specified in the proviso of subsection 7(2).

General provisions as to payment of contributions

Section 9

Employees’ Social Security 21

(2)

(Deleted by Act A675).

Contributions where industry or employee is not insured or registered

Section 9A

Contributions shall be payable in respect of employees from the month they enter into employment and such contributions are payable even though the industry to which this Act applies or the employees or both have not been insured or registered with the Organization:

Provided that an employer who has paid arrears of contributions in respect of an employee will only be entitled to recover from the wages payable notwithstanding the proviso to subsection 7(2) the employee’s share of the contributions due within the last preceding six months prior to the date of payment.

Section 9B

Validation of contribution collected

Any contribution collected by the Organization for an employee who was not registered for purposes of insurance under this Act for any period prior to 1 July 1987 is hereby validated and declared to have been lawfully collected.

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Section 10

Method of payment of contribution

Subject to this Act, the Minister may make regulations for any matter relating or incidental to the payment and collection of contributions payable under this Act and without prejudice to the generality of the foregoing power such regulations may provide for—

(a)

the manner and time of payment of contributions;

(b)

the payment of contributions either in cash or cheque or any other mode of payment;

(c)

the date by which evidence of contributions having been paid is to be received by the Organization;

(d)

the entry in an approved manner in or upon books or forms of particulars of contributions paid and benefits distributed in case of the insured persons to whom such books or forms relate; and

(e)

the issue, sale, custody, production, inspection and delivery of materials, books or forms or the replacement of materials, books or forms which have been lost, destroyed or defaced.

Employers to furnish returns and maintain registers in certain cases

Section 11

(2)

Where, in respect of any industry, the Organization has reason to believe that a return should have been submitted under subsection (1) but has not been so submitted, the Organization may require any person in charge of the industry to furnish such particulars

Employees’ Social Security 23

as it may consider necessary for the purpose of enabling the

Organization to decide whether the industry is an industry to which this Act applies.

(3)

Every principal and immediate employer shall maintain such registers or records in respect of his industry as may be required by regulations made in this behalf.

Inspectors, their functions and duties

Section 12

(2)

Subject to subsection (3), an Inspector appointed under subsection (1) shall have all the powers, functions and duties conferred under this Act.

(3)

An Inspector shall be subject to the direction and control of the

Director General or of such other officer or servant of the Organization as may be authorized by the Director General to act on behalf of the

Director General, and of any other Inspector superior to the Inspector in rank, and shall exercise his powers, perform his functions and discharge his duties under this Act in compliance with such directions, instructions, conditions, restrictions or limitations as the Director

General, or an officer or servant of the Organization authorized to act on behalf of the Director General or any other Inspector superior to the

Inspector in rank, may specify orally or in writing, either generally, or in any particular case or circumstances.

(4)

The Director General and Deputy Directors General shall have all the powers of an Inspector.

Powers of examination and search

Section 12A

Subject to any regulations made under section 105, an Inspector may at any reasonable time—

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(a)

make such examination and inquiry as may be necessary for ascertaining whether this Act or the regulations or rules made thereunder are being or have been complied with;

(b)

at any reasonable time enter any premises or place occupied by any principal employer or immediate employer for the purpose of such examination and inquiry;

(c)

examine the principal employer or immediate employer or his agent or servant or any person found in such premises or place or any person whom the Inspector has reasonable cause to believe to be or have been an employee;

(d)

make copies of or take extracts from any register, books or other documents maintained in such premises or place; and

(e)

exercise such other powers as may be necessary for carrying this Act into effect.

Obstruction to exercise of powers by an Inspector

Section 12B

(a)

refuse any Inspector exercising his power under section 12A access to any premises or place or any part thereof;

(b)

assault, obstruct, hinder or delay such Inspector in effecting any entrance which he is entitled to effect;

(c)

fail to comply with any lawful demands of an Inspector execution of his powers under section 12A;

(d)

refuse to give to an Inspector any information which may reasonably be required of such person;

(e)

fail to produce to, or conceal or attempt to conceal from, an

Inspector, any property, book or other document including electronic records in relation to which the Inspector has

Employees’ Social Security 25

reasonable grounds for suspecting that an offence has been or is being committed under this Act; or

(f)

furnish as true to an Inspector, information which he knows or has reason to believe to be false.

(2)

Any person who contravenes subsection (1) shall be guilty of an offence.

Power to examine persons

Section 12C

(2)

The person examined under subsection (1) shall be legally bound to answer all questions relating to such case put to him by the examining Inspector, but such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

(3)

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to question.

(4)

An Inspector examining a person under subsection (1) shall first inform that person of subsections (2) and (3).

(5)

A statement made by any person under this section shall, whenever possible, be taken down in writing and signed by the person making it or affixed with his thumb-print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.

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Determination of contributions in certain cases

Section 13

(a)

fails to keep or maintain any statement, particulars, register book or any record pertaining to each employee as required to be kept or maintained by him under this Act; or

(b)

fails or refuses to submit any statement, particulars, register book or record pertaining to each employee as required under this Act.

(2)

The assessment made under subsection (1) shall be sufficient proof of the Organization’s claim for the recovery of any contributions under section 84 or for the recovery of the amount determined by such assessment as a debt due to the Organization under section 14.

(3)

Any assessment made under this section shall be served either personally or by registered post.

Power of Director General to ask for information and application for search warrant

Section 13A

(a)

to furnish to the Director General or such Inspector within the time specified in the notice any information or particulars as specified in the notice; or

(b)

to attend personally before the Director General or such

Inspector and to produce for examination all books, records and other documents including electronic records which the

Director General or such Inspector deems necessary; or

Employees’ Social Security 27

(c)

to furnish the information or particulars in accordance with paragraph (a) and also to attend in accordance with paragraph (b).

(2)

Any person who fails to comply with subsection (1) shall be guilty of an offence.

(3)

Whenever it appears to any Magistrate, upon written information on oath, and after any enquiry he may think necessary, that there are reasonable grounds for suspecting that there are on any particular premises any book, account, record (including electronic record) or other document, the production of which has been required pursuant to subsection (1) and which has not been produced in compliance with that requirement, such Magistrate may issue a warrant authorizing the Director General or any person named therein with or without assistance—

(a)

to search the premises and to break open and search any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises; and

(b)

to take possession of, or secure against interference, any book, account, record (including electronic record) or other document that appears to be a book, account, record or other document the production of which was so required.

Recovery of contributions

Section 14

Director General for the purpose may by notice in writing require any person—

Any contribution or interest payable under this Act may be recovered as a debt due to the Organization.

Section 14A

Interest on contribution in arrears

Where the amount of the monthly contributions or part of any monthly contributions which are payable by any employer under section 6 is not paid within such period as may be prescribed by the regulations, the employer shall be liable to pay interest to be credited to the Organization on such amount at such rate as may be prescribed

28

by the regulations in respect of any period during which such amount remains unpaid.

Section 15

Subject to this Act, the insured persons, their dependants or the persons hereinafter mentioned, as the case may be, shall be entitled to the following benefits, namely:

(a)

periodical payments to an insured person in case of invalidity certified by a duly appointed medical board or by an authority specified in this behalf by the regulations

(hereinafter referred to as invalidity pension);

(b)

periodical payments to an insured person suffering from disablement as a result of an employment injury sustained as an employee under this Act and certified to be eligible to such payments by an authority specified in this behalf by the regulations (hereinafter referred to as disablement benefit);

(c)

periodical payments to such dependants of an insured person who dies as a result of an employment injury sustained as an employee under this Act (hereinafter referred to as dependants’ benefit);

(d)

payments for funeral benefit or expenses, as the case may be, to the person mentioned in section 29 on the death of an insured person as a result of an employment injury sustained as an employee under this Act or while he was in receipt of disablement benefit under this Act, or of an insured person suffering from invalidity while in receipt of invalidity pension under this Act, or of an insured person who has not attained sixty years of age but has completed a full or reduced qualifying period mentioned in

Employees’ Social Security 29

subsections 29(3) and (4) (hereinafter referred to as funeral benefit);

(e)

periodical payments to an insured person who is in receipt of invalidity pension or disablement benefit if and so long as he is so severely incapacitated or disabled as to constantly require the personal attendance of another person (hereinafter referred to as constant-attendance allowance):

Provided that the existence of the degree of incapacity qualifying an invalid or disabled insured person for constant-attendance allowance shall be verified by a duly appointed medical board or the appellate medical board or any other authority specified in this behalf by the regulations, in such manner as is prescribed by the regulations;

(f)

medical treatment for and attendance on insured persons suffering from disablement as a result of an employment injury sustained as an employee under this Act (hereinafter referred to as medical benefit);

(g)

periodical payments to dependants of an insured person who dies while in receipt of invalidity pension, or of an insured person who has not attained sixty years of age but has completed a full or reduced qualifying period for survivors’ pension mentioned in subsections 17A(2) and (3)

(hereinafter referred to as survivors’ pension).

When person considered as suffering from invalidity

Section 16

(2)

For the purposes of subsection (1)—

30

(a)

a morbid condition shall be deemed to be of permanent nature if it is either incurable or is not likely to be cured;

(b)

a person shall be deemed to be incapable of engaging in substantially gainful activity, if in consequence of the specific morbid condition of sickness or infirmity, he is no longer capable of earning, by work corresponding to his strength and physical ability which, in view of his training and former occupation, might reasonably be assigned to him at the place of his employment or at a similar place in the neighbourhood or in the same district, one-third of the customary earnings of a mentally and physically sound person with similar qualifications and training;

(c)

in determining whether the claimant is suffering from invalidity, account shall be taken of any permanent improvement in the state of his invalidity which results or is expected to result from such measures of physical or vocational rehabilitation as may be offered to him free of charge by the Organization.

When insured person eligible for invalidity pension

Section 17

(2)

A person shall be deemed to have completed full qualifying period under subsection (1) if—

(i)

monthly contributions have been paid in respect of him for not less than twenty-four months during the period of forty consecutive months immediately preceding the month in which he has submitted a notice of invalidity in accordance with the regulations; or

*NOTE─see section 12 of Act A1445 which comes into operation on 1 January 2013.

Employees’ Social Security 31

(ii)

monthly contributions have been paid in respect of him for not less than two-thirds of the number of complete months comprised in the period falling between the date when contributions first become payable by him under this Act and the month immediately preceding the month in which he has submitted a notice of invalidity in accordance with the regulations, provided that the total number of monthly contributions paid during the aforesaid period shall be at least twenty-four.

(3)

A person shall be deemed to have completed a reduced qualifying period under subsection (1) if monthly contributions have been paid in respect of him for not less than one-third of the number of complete months comprised in the period falling between the date when contributions first become payable by him under this Act and the month immediately preceding the month in which he has submitted a notice of invalidity in accordance with the regulations, provided that the total number of monthly contributions paid during the aforesaid period shall be at least twenty-four.

(3A)

If the insured person fails to complete a qualifying period under subsection (2) or (3) and the Organization is satisfied that such failure is not due to any fault of the insured person or is due to the ignorance of the insured person, the Organization may consider the qualifying period to have been completed by an insured person if a medical board, established pursuant to section 32, to which the matter is referred by the Organization determines that the insured person’s invalidity has commenced earlier than the date the notice of invalidity is received by the Organization in accordance with the regulations.

(3B)

Where the Organization has considered the qualifying period to have been completed by an insured person under subsection (3A), the date on which the insured person submits his notice of invalidity shall be deemed to be the date of commencement of his invalidity.

(3C)

Notwithstanding subsections (2) and (3), the Organization has the discretion to allow periods of credit to be taken into consideration for the purpose of determining the completion of the qualifying period of an insured person, and the months in the period of credit for which

32

contribution is payable shall be included for the purpose of calculating the total number of months for the purpose of those subsections.

(3D)

The term “period of credit” in subsection (3C) means the period during which the insured person receives temporary disablement benefit and the employer does not pay any wages to the insured person.

(4)

If after an insured person’s notice of invalidity has been rejected on account of his failure to have completed one or other of the qualifying periods, a fresh notice of invalidity is received from him, the date of the fresh notice of invalidity shall be treated, for the purposes of subsections (2) and (3) as the date on which he has submitted a notice of invalidity.

(5)

(Deleted by Act A450).

Qualifying conditions for survivors’ pension

Section 17A

(2)

The deceased insured person shall be deemed to have completed a full qualifying period under subsection (1) if—

(a)

monthly contributions have been paid in respect of him for not less than twenty-four months during the period of forty consecutive months preceding the month of his death; or

(b)

monthly contributions have been paid in respect of him for not less than two-thirds of the number of complete months comprised in the period falling between the date when contributions first become payable by him under this Act and the date of his death, provided that the total number of monthly contributions paid during the aforesaid period shall be at least twenty-four.

(3)

A deceased insured person shall be deemed to have completed a reduced qualifying period under subsection (1) if monthly contributions have been paid in respect of him for not less than

Employees’ Social Security 33

one-third of the number of complete months comprised in the period falling between the date when contributions first become payable by him under this Act and the date of his death, provided that the total number of monthly contributions paid during the aforesaid period shall be at least twenty-four.

Section 18

(Deleted by Act A814).

Section 19

Payment of invalidity pension

(2)

For the purpose of this section, the daily rate of invalidity pension shall be the amount of the monthly rate of invalidity pension paid or payable to the insured person, divided by the number of days in the month in which the pension accrues or the invalidity ceases or the pensioner dies.

Invalidity pension

Section 20

(a)

for an insured person who has completed the full qualifying period under subsection 17(2), a basic monthly pension equal to fifty per cent of his average monthly wage, increased by 1 per cent of the average monthly wage for every twelve months’ contributions paid in excess of the first twenty-four months, in respect of him during the period falling between the date when contributions first become payable by him under this Act and the date on which he submits a notice of invalidity in accordance with the regulations:

34

Provided that the rate of monthly pension, as so increased, shall not in any case exceed 65 per cent of the average monthly wage;

(b)

for an insured person who has completed the reduced qualifying period under subsection 17(3), a basic monthly pension equal to fifty per cent of his average monthly wage.

(2)

(a)

The term “average monthly wage”, wherever it occurs in this section, refers to the average of assumed monthly wage corresponding to the last twenty-four monthly contributions in respect of the insured person which have been paid immediately before the month in which he submits a notice of invalidity in accordance with the regulations:

Provided that a minimum average monthly wage shall be three hundred and forty-two ringgit and eighty-six sen subject to such amount as may be prescribed by the Minister from time to time by regulations.

(b)

Assumed monthly wage to which a monthly contribution corresponds shall be deemed to be as indicated in the Fourth Schedule.

(c)

(Deleted by Act A450).

Survivors’ pension

Section 20A

(a)

to the widow or the widower during life, and if there are two or more widows, the widow’s share of survivors’

pension specified in the Eighth Schedule shall be divided equally between the widows:

*NOTE─see section 12 of Act A1445 which comes into operation on 1 January 2013.

Employees’ Social Security 35

Provided that if a widow or widower is entitled to more than one survivors’ pension, she or he shall be paid only one pension, being the pension with the higher rate.

(b)

to each child until marriage or until he attains the age of twenty-one years, whichever occurs earlier:

Provided that in the case of a child referred to in paragraph (b) of the definition of “child” in section 2, survivors’ pension shall continue to be paid so long as he is incapable of supporting himself:

And provided further that the Organization may continue such pension to a child who is in receipt of education in any institution of higher learning but not beyond the first degree until he completes or ceases to receive such education or until he marries, whichever occurs earlier.

(c)

(Deleted by Act A675).

(2)

If an insured person who is in receipt of invalidity pension, or if an insured person who has not attained *sixty years of age but has completed a full or reduced qualifying period as specified under section 17A, dies and does not leave a widow, or a widower who is wholly or mainly dependent on the earnings of the insured person at the time of her death, or a child, survivors’ pension shall be payable to the widowed mother and other dependants as specified in paragraph (b) of the definition of “dependant” in section 2, at the rates and for the duration specified in the Eighth Schedule.

(3)

The survivors’ pension shall accrue from the date of the death of the insured person who is in receipt of invalidity pension or the insured person who has not attained sixty years of age but has completed a full or reduced qualifying period as specified under section 17A:

Provided that where disablement benefit was payable to the deceased insured person on the date of death, the accrual date of survivors’

pension shall be the date following the date of death.

*NOTE─see section 12 of Act A1445 which comes into operation on 1 January 2013.

36

Section 20B

Schedule shall be payable—

(Deleted by Act A1232).

Section 21

Invalidity grant

(2)

The claimant shall not be entitled to an invalidity grant unless he has paid twelve monthly contributions in the aggregate since contributions first become payable by him under this Act.

(3)

Invalidity grant under this section shall ordinarily be payable only when the person has attained sixty years of age or dies before attaining that age.

(4)

Notwithstanding subsection (3), invalidity grant under this Act may, at the option of the person concerned, be made at the time when invalidity is verified to exist:

Provided that the contributions so refunded shall be ignored in determining at any time in future his title to or right to pension.

Disablement benefit

Section 22

Subject to this Act and the regulations, if any—

(a)

a person who sustains temporary disablement shall be entitled to periodical payment for the period of such disablement in accordance with the provisions of the Fourth

Schedule:

Provided that no temporary disablement benefit shall be payable unless the temporary disablement lasts for a period of at least four days including the day of the accident:

Employees’ Social Security 37

Provided further that for the purposes of this section and whether or not the person who sustains the employment injury is paid wages on the day of the employment injury, the commencement of the calculation of the period of four days shall begin from the day of sustaining the employment injury;

(b)

a person who sustains permanent disablement, whether total or partial, shall be entitled to periodical payment for such disablement in accordance with the provisions of the

Fourth Schedule:

Provided that where permanent disablement, whether total or partial, has been assessed provisionally for a limited period or finally, the benefit provided under this paragraph shall be payable for that limited period or, as the case may be, for life.

Presumption as to accident arising in the course of employment

Section 23

For the purposes of this Act, an accident arising in the course of an insured person’s employment shall be presumed, in the absence of evidence to the contrary, also to have arisen out of that employment.

Section 24

Accidents while travelling

(a)

is travelling on a route between his place of residence or stay and his place of work;

(b)

is travelling on a journey made for any reason which is directly connected to his employment; or

(c)

is travelling on a journey between his place of work and the place where he takes his meal during any authorized recess.

38

(2)

If the accident under subsection (1) occurs during any interruption of, or deviation from, the insured person’s journey made for any of the purposes stipulated in the same subsection, the accident shall not be deemed to arise out of and in the course of his employment.

Accidents happening while meeting emergency

Section 25

An accident happening to an insured person in or about any premises at which he is for the time being employed for the purpose of his employer’s trade or business, profession, vocation, occupation or calling, shall be deemed to arise out of and in the course of his employment, if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimize damage to property.

Section 26

Dependants’ benefit

(a)

to the widow or widower during life, and, if there are two or more widows, the widow’s share of dependants’ benefit specified in the Fourth Schedule shall be divided equally between the widows:

Provided that if a widow or a widower is entitled to more than one dependants’ benefits, she or he shall be paid only one benefit, being the benefit with the higher rate.

(b)

to each child until marriage or until he attains the age of twenty-one years, whichever occurs earlier:

Provided that in the case of a child referred to in paragraph (b) of the definition of “child” in section 2,

Employees’ Social Security 39

dependants’ benefit shall continue to be paid so long as he is incapable of supporting himself:

And provided further that the Organization may continue such benefit to any child who is in receipt of education in any institution of higher learning but not beyond the first degree until he completes or ceases to receive such education or until he marries, whichever occurs earlier.

(c)

(Deleted by Act A675).

(2)

If an insured person who dies as a result of an employment injury does not leave a widow or child, dependants’ benefit shall be payable to the widowed mother and other dependants as specified in paragraph (b) of the definition of “dependant” in section 2 at the rates and for the duration specified in the Fourth Schedule.

Section 27

(Deleted by Act A1232).

Section 28

Occupational diseases

(2)

Where an employee enters into a contract of service or apprenticeship with any principal employer or immediate employer to work in any occupation specified in the Fifth Schedule or is, with his consent, transferred by his principal or immediate employer to such an

40

occupation, he shall, if requested to do so by the employer or the

Organization, submit himself for examination by a duly appointed medical practitioner; but such an employee shall not be required to submit himself for examination by a duly appointed medical practitioner otherwise than in accordance with regulations made under this Act nor at shorter intervals than may be prescribed therein.

(3)

The Minister may, by notification in the Gazette, amend, substitute, add or delete any disease specified in the Fifth Schedule and any occupation described therein.

(4)

Save as provided by subsections (1) and (3), no benefit shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury arising out of and in the course of his employment.

(5)

Section 23 shall not apply to the cases to which this section applies.

Funeral benefit

Section 29

(a)

the widow (if there are two or more widows, the widows share equally the funeral benefit);

(b)

the widower;

(c)

the eldest surviving son or adopted son;

(d)

the eldest surviving daughter or adopted daughter;

Employees’ Social Security 41

(e)

the parent (if there are both parents, the parents share equally the funeral benefit).

(2)

Where there are no such persons as mentioned in paragraph (1)(a), (b), (c), (d) or (e), any other person who actually incurs the expenditure of the funeral shall be paid the expenses of the funeral of the deceased insured person or the amount as prescribed by the Minister under subsection (1), whichever is the lesser:

Provided that the claim for such benefit shall be made within three months of the death of the insured person or within such extended period as the Organization or any officer or authority authorized by it in this behalf may allow:

Provided further that, notwithstanding the above conditions, any disagreement over the question of to whom the payment of funeral benefit should be made, the decision of the Director General or that of an officer authorized by him shall be final.

(3)

An insured person who has not attained sixty years of age shall be deemed to have completed the full qualifying period under subsection (1) if—

(a)

monthly contributions have been paid in respect of him for not less than twenty-four months during the period of forty consecutive months preceding the month in which the insured person dies; or

(b)

monthly contributions have been paid in respect of him for not less than two-thirds of the number of complete months comprised in the period falling between the date when contributions first become payable by him under this Act and the date of his death, provided that the total number of monthly contributions paid during the said period shall be at least twenty-four.

(4)

An insured person who has not attained sixty years of age shall be deemed to have completed a reduced qualifying period under subsection (1) if monthly contributions have been paid in respect of him for not less than one-third of the number of complete months

42

comprised in the period falling between the date when contributions first become payable by him under this Act and the date of his death, provided that the total number of monthly contributions paid during the said period shall be at least twenty-four.

Constant-attendance allowance

Section 30

An insured person who is entitled to invalidity pension or permanent total disablement benefit shall also be entitled to constant-attendance allowance at a *rate as may be prescribed by the

Minister from time to time by regulations, if and so long as he is so severely incapacitated as to constantly require the personal attendance of another person:

Provided that the existence of the degree of incapacity qualifying an insured person for constant-attendance allowance shall be verified by a medical board or Special Medical Board or the appellate medical board or any other authority so authorized by the Minister, in such manner as is prescribed by the regulations.

Section 31

Liability of employer and his servant

An insured person or his dependants shall not be entitled to receive or recover from the employer of the insured person, or from any other person who is the servant of the employer, any compensation or damages under any other law for the time being in force in respect of an employment injury sustained as an employee under this Act:

Provided that the prohibition in this section shall not apply to any claim arising from motor vehicle accidents where the employer or the servant of the employer is required to be insured against Third Party

Risks under Part IV of the Road Transport Act 1987 [Act 333].

Section 32

Determination of question of invalidity or disablement

*NOTE—see section 7 of Act A1445 which comes into operation on 1 January 2013.

(a)

whether the relevant accident or disease has resulted in the invalidity;

(b)

whether the relevant employment injury has resulted in permanent disablement;

(c)

whether the extent of loss of earning capacity can be assessed provisionally or finally for the purpose of disablement benefit;

(d)

whether the assessment of the proportion of the loss of earning capacity is provisional or final for the purpose of disablement benefit; or

(e)

in the case of provisional assessment for the purpose of disablement benefit as to the period for which such an assessment shall hold good, shall be determined by a medical board constituted in accordance with the regulations, if any, and such question shall hereinafter be referred to as the “invalidity question” or “disablement question”, as the case may be.

Determination of occupational diseases

Section 32A

Employees’ Social Security 43

(2)

The Special Medical Board shall examine the disabled person and send a report in such form as may be specified by the Organization stating—

(a)

whether the disabled person is suffering from one or more of the diseases specified in that Schedule;

(b)

whether the relevant disease has resulted in permanent disablement;

44

(c)

whether the extent of loss of earning capacity can be assessed provisionally or finally;

(d)

the assessment of the proportion of loss of earning capacity, and in the case of provisional assessment, the period for which such assessment shall hold good.

(3)

The Organization may refer any assessment which is provisional to the Special Medical Board for review not later than the end of the period taken into account by the provisional assessment.

(4)

Any decision of the Special Medical Board may be reviewed by it at any time.

(5)

The disabled person shall be informed in writing by the

Organization of the decision of the Special Medical Board and the benefit, if any, to which the insured person shall be entitled.

References to medical boards and appeals to appellate medical board

Section 33

(2)

If the insured person or the Organization is not satisfied with the decision of the medical board, the insured person or the Organization may appeal, in the prescribed manner and within the prescribed time, to the appellate medical board constituted in accordance with the regulations.

(3)

Regulations may prescribe that the claimant for invalidity pension or permanent disablement benefit called to appear before a medical board or, in the event of an appeal by the Organization, before

Employees’ Social Security 45

the appellate medical board, in connection with the determination of the question of invalidity or the question of disablement, may be paid travelling and other expenses incurred by him in connection with such appearance in such cases and on such scale and subject to such conditions as may be prescribed by the regulations.

Insured person dies before medical board examination

Section 33A

Where an insured person, having submitted his notice of invalidity or application for reference to the medical board for determination of the disablement question in accordance with the regulations, dies before being examined by a medical board, the

Organization may in its discretion, subject to any available medical evidence to its satisfaction, refer such a case to the medical board for determination of the invalidity question or disablement question, as the case may be.

Section 34

Review of decisions by medical board or appellate medical board

(2)

Any assessment of the extent of the disablement resulting from the relevant employment injury may also be reviewed by a medical board, if it is satisfied that since the making of the assessment there has been a substantial and unforeseen aggravation of the results of the relevant injury:

Provided that an assessment shall not be reviewed under this subsection unless the medical board is of the opinion that, having regard to the period taken into account by the assessment, substantial injustice will be done by not reviewing it.

46

(3)

Except with the leave of an appellate medical board, the assessment shall not be reviewed under subsection (2) on any application made less than three years, or in the case of a provisional assessment, six months, from the date thereof and on such a review the period to be taken into account by any revised assessment shall not include any period before the date of the application.

(4)

Subject to subsection (3), a medical board may deal with a case of review in any manner in which it could deal with it on an original reference to it, and in particular may make a provisional assessment notwithstanding that the assessment under review was final;

and section 33 shall apply to an application for review under this section and to a decision of a medical board in connection with such application as they apply to a case for disablement benefit under that section and to a decision of a medical board in connection with such case.

Review of invalidity pension

Section 35

(2)

Where a review is necessary consequent upon improvement in the state of invalidity, invalidity pension shall not be withdrawn unless, from any such suitable occupation as he is still capable of undertaking, the pensioner is able to earn more than half of what can be earned by a physically and mentally sound person of his experience and training:

Provided that the invalidity pension shall be decreased by an amount equal to the amount earned in excess of one-third of his average wage before invalidity.

Review of dependants’ benefit

Section 36

(2)

Subject to this Act, the Organization may, on such review as mentioned above, direct that the dependants’ benefit or survivors’

pension be continued, increased, reduced or discontinued.

Medical benefit

Section 37

(2)

Such medical benefit may be given either in the form of outpatient treatment and attendance in a hospital or dispensary, clinic or other institution or by visits to the home of the insured person or treatment as inpatient in hospital or other institution.

(3)

(Deleted by Act A450).

Scale of medical benefit

Section 38

(2)

Nothing in this Act shall entitle an insured person to claim reimbursement from the Organization of any expenses incurred in respect of any medical treatment, except as may be provided by the regulations.

48

Establishment and maintenance of hospitals, etc.

Section 39

(2)

The Organization may enter into agreement with any

Government, local authority, person, private or individual in regard to the provisions of medical treatment and attendance for insured persons, in any area and payment of the cost of it.

Organization’s power to co-operate with existing institutions or promote measures for health, welfare, etc., of insured persons

Section 40

(2)

Measures under subsection (1) may include provision of artificial limbs and appliances, opportunities for gainful employment under suitable conditions and convalescent homes.

Benefit not assignable or attachable

Section 41

(2)

No cash benefit including invalidity grant or contributions payable under this Act shall be liable to attachment or sale in execution of any decree or order of any court.

Employees’ Social Security 49

Section 42

(Deleted by Act A981).

Section 43

Persons not to commute cash benefits

Save as may be provided in the regulations no person shall be entitled to commute for a lump sum any periodical payment admissible under this Act:

Provided that where the loss of earning capacity has been assessed at more than twenty per cent, an insured person may opt for the commutation of one-fifth of the daily benefit payable for a lump sum and to receive the balance as periodical payments.

Section 44

Persons not entitled to receive benefits in certain cases

No person shall be entitled to disablement benefit for temporary disablement in respect of any day on which he works and receives wages.

Section 45

Claimant of disablement benefit or invalidity pension to observe conditions

The claimant of disablement benefit or invalidity pension shall attend and submit himself for such medical or other examination as the

Organization or a medical board or the appellate medical board may consider necessary for ratification and certification of his disability or invalidity.

Section 46

Recipients of disablement benefit to observe conditions

(a)

shall remain under medical treatment at a dispensary, hospital, clinic or other institution provided under this Act

50

and shall carry out the instructions given by the medical officer or medical attendant in charge of it;

(b)

shall not while under treatment do anything which might prejudice his chances of recovery;

(c)

shall not leave the area in which medical treatment provided by this Act is being given, without the permission of the medical officer, medical attendant or such other authority as may be specified in this behalf by the regulations; and

(d)

shall allow himself to be examined by any duly appointed medical officer or other person authorized by the

Organization in this behalf.

(2)

Disablement benefit for temporary disablement may be suspended, if a person who is in receipt of such benefit fails to comply with any of the requirements of subsection (1), and such suspension shall be for such number of days as may be decided by the

Organization or any other person authorized in this behalf by the

Organization.

Section 47

(Deleted by Act A450).

Section 48

Organization’s right where a principal employer fails or neglects to pay any contribution

(i)

the difference between the amount of benefit which has been paid by the Organization to the said person or his dependants and the amount of the benefit which would have been payable on the basis of the contributions which were in fact paid by the employer; or

(ii)

twice the amount of the contribution which the employer failed or neglected to pay, whichever is greater.

(2)

The amount recoverable under this section may be recovered as a debt due to the Organization.

(3)

This section shall not apply to invalidity pension.

Suspension of invalidity pension

Section 49

Employees’ Social Security 51

(2)

The Organization may suspend the pension if and so long as the invalid pensioner—

(a)

engages in any employment by virtue of which he is liable to be insured under this Act, if the amount earned from such employment is more than one third of his average wage before invalidity;

(b)

fails without good cause to appear, when directed, before the medical board or any other authority for verification of the existence or the continued existence of his invalidity;

(c)

refuses or neglects without good cause to comply with any directive issued to him by or on behalf of the Organization in regard to any process of physical or vocational

52

rehabilitation or vocational training which he is required to undergo free of charge; or

(d)

fails without good cause to submit himself to any free medical treatment including fitting of prosthetic appliances offered by the Organization for his invalidity or fails to carry out any instructions of the medical officer in whose care he is placed:

Provided that he shall not be required to undergo any operation that is capable of endangering his life or health.

Repayment of benefit improperly received

Section 50

(1A)

Where any person has received any benefit or payment under this Act when he is not lawfully entitled to it, and subsequently becomes entitled to other benefits under this Act, the Organization shall recover the value of the benefit or the amount of such payment from that other benefit that he is entitled to.

(2)

The value of any benefits received other than cash payments shall be determined by such authority as may be specified in the regulations made in this behalf and the decision of such authority shall be final.

(3)

The amount recoverable under this section may be recovered as a debt due to the Organization.

Employees’ Social Security 53

Payment of amount of benefit outstanding at the time of the death of the insured person

Section 51

If a person dies during any period for which he is entitled to any of the cash benefits (or when he is entitled to invalidity grant) provided under this Act, the amount of such benefit (or grant) shall be paid to any person nominated by the deceased person in writing in such form as may be specified in the regulations or, if there is no such nomination, to the heir or legal representative of the deceased person:

Provided that the amount of cash benefit shall be payable up to and including the day of his death in case of disablement benefit (and constant-attendance allowance, if any) and dependants’ benefit and survivors’ pension and up to the last day of the month preceding the month in which the pensioner dies, in case of invalidity pension (and constant-attendance allowance, if any).

Section 52

Employer not to reduce wages, etc.

No employer by reason only of his liability for any contributions payable under this Act shall, directly or indirectly reduce the wages of any employee, or except as provided by the regulations, discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this Act.

Section 53

Employer not to dismiss or punish employee during period of temporary disablement

(2)

No notice of dismissal or discharge or reduction given to an employee during the period specified in subsection (1) shall be valid or operative.

54

Claim for benefits

Section 54

Every claim for a benefit or pension or invalidity grant shall be submitted in such form to such authority with such evidence in support of the claim, as may be prescribed by the regulations.

Section 55

Reporting of change in condition, etc.

A person in receipt of any benefit under this Act, shall report to the Organization as soon as possible every event or fact which affects or is likely to affect his continued right to the benefit or the rate of it.

Section 56

Discretion to compute the qualifying period and the rate of monthly invalidity pension

(2)

If, but for taking into account contributions referred to in subsection (1), a person would not complete the qualifying period or would be entitled to the invalidity pension or survivors’ pension at a lower rate, the actuarial present value of the pension or such part of the pension as is attributable to the contributions taken into account in subsection (1), may be recovered by the Organization from the employer who has failed to pay the aforesaid contributions, or if there is more than one such employer, from all of them, in proportion to the amount of contributions they failed to pay.

Facilities for physical or vocational rehabilitation

Section 57

(2)

Facilities under subsection (1) shall be of such nature and scale and shall be provided to such insured persons and on such conditions as may be specified by the regulations.

(3)

An insured person suffering from or claiming to suffer from invalidity or permanent disablement may, if his condition so requires, be provided free of charge with prosthetic, orthotic or other appropriate appliances as may be determined by the Organization and such appliances may be renewed, when necessary, free of charge.

(4)

An insured person who has to undergo physical or vocational rehabilitation or who is or is to be fitted with prosthetic, orthotic or other appliances may be paid or reimbursed, as determined by the

Organization, expenses reasonably incurred or to be incurred by him on travelling or maintenance in connection with such measures, or the fitting of prosthetic, orthotic or other appliances.

Education benefit

Section 57A

Education benefit in the form of loans or scholarships may be provided to a dependant child of an insured person who—

(a)

dies as a result of an employment injury;

(b)

dies whilst in receipt of invalidity pension;

(c)

dies before attaining the age of sixty years but has completed a full or a reduced qualifying period as specified under section 17A;

(d)

is in receipt of invalidity pension; or

(e)

is in receipt of periodical payments of permanent disablement benefit,

56

on such terms and conditions as the Organization may deem fit to impose.

Organization to be responsible for the recovery and collection of repayments of educational loans

Section 57B

(2)

An educational loan which is not repaid or which is in arrears shall be treated as a civil debt owed by a dependant child to the

Organization and the Organization may avail itself of such means as are permitted under the law for the recovery of such debt.

Appointment of collection agents

Section 57C

The Organization, with the approval of the Minister, may appoint such number of agents for the purpose of recovery of educational loans paid out to a dependant child under section 57A.

ADMINISTRATION, FINANCE AND AUDIT

Administration of the Social Security Scheme

Section 58

(1A)

The Organization may administer any other social security scheme if the administration of such scheme is conferred upon the

Organization by any written law.

Employees’ Social Security 57

(2)

The general direction and superintendence of the Organization shall vest in the Board which shall be established in accordance with this Act.

Chief Executive Officer

Section 59

(2)

The Minister may also appoint one or more Deputy Directors

General.

(2A)

If for any period the Director General is temporarily absent from Malaysia or temporarily incapacitated through illness, or for any other reason is unable to perform his duties, or where the office of the

Director General becomes vacant, the Minister shall appoint one of the

Deputy Directors General to perform the duties of the Director General during such period.

(3)

The terms and conditions of service of the Director General and of Deputy Directors General shall be determined by the Minister in consultation with the Minister of Finance.

The Social Security Organization

Section 59A

The Organization shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest in it vested in the Organization upon such terms as it thinks fit.

58

Section 59B

Establishment of the Board

(2)

The Board shall be composed as follows:

(a)

a Chairman to be appointed by the Minister;

(b)

the Director General of the Organization;

(c)

an officer representing the Ministry of Finance;

(ca) an officer representing the Ministry responsible for human resources;

(cb) an officer representing the Ministry responsible for health;

(d)

not more than four persons representing employers to be appointed by the Minister in consultation with such

Organizations representing employers as the Minister may think fit for that purpose;

(e)

not more than four persons representing insured persons to be appointed by the Minister in consultation with such

Organizations representing insured persons as the Minister may think fit for that purpose;

(f)

three persons with experience in social security matters to be appointed by the Minister.

(3)

The appointment of members of the Board shall be notified in the Gazette.

(4)

Members of the Board appointed under paragraphs (2)(a), (d),

(e)

and (f) shall hold office for such term and be subject to such conditions as the Minister may specify in the instrument appointing them.

Employees’ Social Security 59

(5)

The Board shall not be prevented from performing any of its functions, duties and obligations under this Act by any vacancy in its membership:

Provided that the Minister shall take all possible steps to ensure that any vacancy among persons appointed in accordance with paragraphs (2)(a), (d), (e) and (f) shall be filled as soon as is reasonably practicable.

(6)

(Deleted by Act A981).

(7)

The Minister may appoint an officer of the Organization to perform the duties of Secretary of the Board and another officer to be his Assistant.

(8)

The Minister may for each of the members appointed under paragraphs (2)(d) and (e) appoint a person to be an alternate member to attend meetings of the Board in place of the member when the member is unable to attend due to illness, incapacity or any other reason:

Provided that the appointment of the alternate member shall be in consultation with such Organizations representing employers or insured persons, as the Minister may think fit.

(9)

When attending meetings of the Board, an alternate member shall for all purposes be deemed to be a member of the Board.

(10)

An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member for whom he is an alternate member ceases to be a member of the Board.

Minister shall appoint any person to act as Chairman

Section 59C

(2)

Where the office of Chairman becomes vacant the Minister shall appoint any person to perform the duties of the Chairman until such time as the vacancy is filled.

Sixth Schedule to apply to Board

Section 59D

The Sixth Schedule to this Act shall apply to the Board.

Section 59E

Cessation of membership of Board

(a)

if he fails to attend three consecutive meetings without leave of the Board; or

(b)

if his appointment is revoked by the Minister.

(2)

A member of the Board appointed by the Minister under paragraphs 59B (2)(a), (2)(d), (2)(e) and (2)(f) may resign his office by notice in writing to the Minister.

Disqualification

Section 59F

(a)

if he is declared to be of unsound mind by a competent court; or

(b)

if he is an undischarged bankrupt; or

(c)

if he has directly or indirectly any interest in a subsisting contract with or any work being done for the Organization

Employees’ Social Security 61

except as a medical practitioner or as a shareholder (not being a director) of a company; or

(d)

if before or after the commencement of this Act, he has been found guilty by any competent court of an offence involving fraud, dishonesty or moral turpitude; or

(e)

if after demand, a member fails to remit to the Organization previous contributions which have become due; or

(f)

if he subsequently becomes an officer or servant of the

Organization other than the Director General and the

Deputy Director General; or

(g)

if he has become a member of any legislature.

(2)

Any cessation of membership of the Board in accordance with the provisions of this section or of section 59C shall be notified in the

Gazette.

Application of the Public Authorities Protection Act 1948

Section 59G

Board—

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Board, or against any of its members, any officer, servant or agent of the

Organization in respect of any act, neglect or default done or committed by him in such capacity.

Section 59H

Public servants and public officers

Organization while discharging their duties as such members, officers or servants shall be deemed to be public servants within the meaning of the Penal Code [Act 574], and public officers for the purposes of any written law for the time being in force.

62

Section 59I

Board to give effect to Minister’s directions

(2)

The Minister may at any time require the Board to submit to him proposals for the introduction of new Social Security Schemes or the modification or extension of the existing schemes as may be necessary for the fulfillment of the Government’s social policy programmes.

Delegation of power

Section 59J

The Board may, subject to such conditions, limitations or restrictions as it thinks fit, delegate to the Chairman, Director General, any of its members or any person, authority to sanction expenditure from the Social Security Fund or any other monies under the control of the Board, up to such limit as it shall in such case specify.

Administrative control of officers and servants by Director

Section 59K

General

(2)

The Director General shall perform such other or further duties as the Minister or the Board may from time to time determine.

Appointment of officers and servants

Section 59L

(2)

No person shall be eligible for employment as officer or servant of the Organization if he has, directly or indirectly any share or interest in any contract or proposed contract with, for or on behalf of the

Organization.

(3)

Any officer or servant of the Organization who has or acquires directly or indirectly any such share or interest shall be liable to dismissal by the Board:

Provided that no such officer or servant shall be dismissed without being given a reasonable opportunity of being heard.

Setting up divisions, regional offices, etc.

Section 59M

Employees’ Social Security 63

The Board may set up within the Organization such divisions and regional and local offices as it may consider necessary for the efficient functioning of the Organization.

Section 59N

Power to dispose of staff questions

(2)

Any officer or servant aggrieved by a decision of the Director

General in the exercise of his powers under this section may appeal to the Board within such period as may be determined in staff rules.

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Power to make staff rules

Section 59O

(2)

Without prejudice to the generality of subsection (1) such rules may provide for matters specified in the Seventh Schedule.

Committees

Section 59P

Notwithstanding any other provisions in this Act, the Board may set up committees consisting of members of the Board or persons who are not members of the Board or a combination of both to advise or assist the Board on such matters concerning its functions as it considers fit, and the Board may delegate, subject to such conditions or restrictions as it may impose, such of its functions as it considers fit to any such committees.

Section 59Q

Disciplinary Committee

There shall be a Disciplinary Committee which shall consist of the following three members:

(a)

two members to be elected by and from among the members of the Board (other than the Chairman of the Board), one of whom shall be elected as chairman; and

(b)

the Director General:

Provided that the Director General or the Deputy Director

General, shall not be a member of the Disciplinary

Committee in any proceedings before it in which he is the

Employees’ Social Security 65

complainant, in which case his place shall be taken by a member to be appointed by and from the members of the

Board.

Discipline of officers

Section 59R

(2)

In the exercise of its functions, powers or duties the Disciplinary

Committee shall have the power to take such disciplinary action and impose such disciplinary punishment as may be provided by any rules that may be made under section 59T.

(3)

The Disciplinary Committee may, subject to subsection (4), delegate any of its disciplinary functions, powers or duties to any officer or servant of the Organization, or to any committee of officers or servants of the Organization, in respect of any particular officer or servant of the Organization or in respect of any class or category of officers or servants of the Organization, and the officer or servant or the committee delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of the Disciplinary Committee which shall have the power to review, rescind or vary any decision or finding of such officer or servant, or committee.

(4)

No delegation shall be made under subsection (3) so as to enable an officer or servant of the Organization to exercise any disciplinary authority or to be a member of a committee which may exercise any disciplinary authority over an officer or servant who is superior to him in rank.

(5)

Any officer or servant of the Organization who is dissatisfied with the decision of the Disciplinary Committee or of any person or committee delegated with disciplinary functions, powers or duties under subsection (3) may, within fourteen days, appeal in writing

66

against such decision to the Disciplinary Appeal Board which may give such decision thereon as it deems fit.

Establishment of Disciplinary Appeal Board

Section 59S

(a)

the Chairman of the Board, as Chairman; and

(b)

members of the Board, excluding the members who sit in the Disciplinary Committee.

(2)

The decision of the Disciplinary Appeal Board shall be final.

Power to make disciplinary rules

Section 59T

(2)

The disciplinary rules made by the Board under this section may include—

(a)

provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension without salary or other remuneration, of an officer or servant of the Organization during the pendency of disciplinary proceedings;

(b)

provisions for disciplinary offences and punishment as the

Board may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank; and

(c)

the procedure for disciplinary proceedings and provisions for an opportunity for representations to be made by the person against whom disciplinary proceedings are taken.

Employees’ Social Security 67

Imposition of surcharge

Section 59U

(a)

is or was responsible for any improper payment of moneys from the Fund or for any payment of such moneys which is not duly vouched;

(b)

is or was responsible for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Organization;

(c)

being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

(d)

has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Organization, and if a satisfactory explanation is not furnished to the Board within a period specified by the Board, with regard to the failure to collect, improper payment, payment not duly vouched, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Board may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the Board may surcharge against the said person such sum as the Board may think fit.

(2)

The Board shall cause the Director General to be notified of any surcharge made under subsection (1) and the Director General shall thereupon notify the person surcharged.

(3)

The Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise

68

appears that no surcharge should have been made, and the Board shall at once cause the Director General to be notified of such withdrawal.

(4)

The amount of any surcharge imposed under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the

Organization from the person against whom the surcharge is imposed and may be sued for and recovered in any court at the suit of the

Organization and may also be recovered by deduction—

(a)

from the salary of the person surcharged if the Board so directs; or

(b)

from the pension of the person surcharged if the Board so directs, by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, of the person.

Establishment of Promotion Board

Section 59V

(2)

The relevant Promotion Board shall have jurisdiction and shall exercise its functions in all matters relating to promotion in respect of all officers and servants of the Organization in the category specified in the first column of the Tenth Schedule.

Establishment of Promotion Appeal Board

Section 59W

(2)

The Promotion Appeal Board shall have jurisdiction and shall exercise its functions in respect of any appeal against any decision of a Promotion Board relating to an officer or servant over whom that

Promotion Board has jurisdiction.

(3)

Any officer or servant, who is eligible for promotion, or for acting in a capacity with a view to promotion, who is aggrieved by the decision of the Promotion Board concerned, may appeal to the relevant

Promotion Appeal Board.

(4)

A Promotion Appeal Board, after considering the appeal, may confirm or vary the decision of the Promotion Board concerned, the result of which shall be duly conveyed to the Promotion Board to enable it to come to a decision.

(5)

The Promotion Appeal Board may alter the effective date of promotion and the order of seniority of the officers or servants concerned but without prejudice to the promotion per se of the successful officers or servants.

(6)

The decision of the Promotion Appeal Board shall be final.

60–63. (Deleted by Act A675).

Fees and allowances

Section 64

Members of the Board and the Investment Panel shall receive such fees, allowances and any other benefits as may from time to time be determined by the Minister.

65–67. (Deleted by Act A675).

Social Security Fund

Section 68

There shall be established under this Act the Social Security Fund into which shall be paid—

70

(a)

contributions payable by or in respect of insured persons;

(b)

rent, interest, dividend or any other income derived from the assets of the Organization;

(c)

sums properly accruing to the Fund under this Act, including the repayment of benefits;

(d)

sums recovered under this Act as fees, costs, charges and any interest on arrears of contributions;

(e)

sums by way of grants, donations and gifts from the Federal

Government, State Government, local authority, or any individual or body, whether incorporated or not, for all or any of the purposes of this Act;

(f)

sums transferred from funds that were previously established under this Act; and

(g)

any other moneys payable to the Organization.

Administration of the Fund

Section 69

(2)

All moneys accruing or payable to the said Fund shall be paid into such banks as may be authorized by the Board:

Provided that the Board may authorize post offices also to accept, on behalf of the Organization, all moneys accruing or payable to the Fund referred to in section 68 subject to such terms and conditions as may be prescribed in the regulations.

Acceptance of grants, donations, etc.

Section 70

The Organization may accept grants, donations and gifts from the

Federal or any State Government, local authority, or any individual or

Employees’ Social Security 71

body whether incorporated or not, for all or any of the purposes of this

Act.

Section 71

Purposes for which the Fund may be expended

Social Security Fund shall be expended only for the following purposes, namely:

(i)

payment of benefits and invalidity grant and provision of medical treatment and attendance to insured persons or to their dependants;

(ii)

establishment and maintenance of hospitals, dispensaries and other institutions and the provision of medical and other ancillary services for the benefit of insured persons;

(iia) establishment or taking over of a company under section 74A and its maintenance;

(iii)

payment of contributions to the Government, local authority or any private body or individual, towards the cost of medical treatment and attendance provided to insured persons including the cost of any building and equipment, in accordance with any agreement entered into by the

Organization;

(iv)

defraying the cost of the appellate boards and medical boards set up under this Act;

(v)

payment of sums under any decree, order or award of any court or tribunal against the Organization or any of its officers or servants for any act done in the execution of his duty or under a compromise or settlement of any suit or other legal proceeding or claim instituted or made against the Organization;

72

(vi)

defraying the cost and other charges of instituting or defending any civil or criminal proceedings arising out of any action taken under this Act;

(vii)

defraying expenditure, within the limits prescribed, on measures for the improvement of the health, occupational safety and welfare of insured persons or dependants and for the rehabilitation and re-employment of insured persons who have been disabled or injured;

(viii)

payment of fees, allowances and other remuneration to members of the Board and Investment Panel;

(viiia) granting of loans or scholarships to a dependant child of an insured person as specified under section 57A; and

(ix)

such other purposes as may be authorized by the Minister in consultation with the Minister of Finance.

Expenditure on administration

Section 72

Notwithstanding section 71, expenditure may be incurred by the

Organization out of the Social Security Fund up to such amount as the

Minister may authorize by regulation, for any one year, for carrying on the administration of the Scheme of Social Security provided under the

(a)

the payment of salaries, leave and transfer expenses, travelling and compensatory allowances, gratuities and compassionate allowances, contribution to benefit fund, welfare and recreation of officers and servants of the

Organization and meeting expenditure in respect of offices and other services set up for the purpose of giving effect to this Act;

(b)

the payment of fees and other remuneration to auditors, actuaries, agents, technical advisers, bankers, stockbrokers, surveyors or other persons employed on a temporary or

Employees’ Social Security 73

part-time basis to carry into effect the objectives of this Act;

and

(c)

the purchase or hire of equipment.

Withdrawal from Fund for loans or other financing facilities

Section 72A

Act including—

Notwithstanding section 71, the Organization may authorize the withdrawal of such amount from the Social Security Fund as may be required for granting loans or other financing facilities to officers and servants of the Organization as provided in the staff rules or for purposes similar to those approved by the Government for members of the public services.

Section 73

Administrative expenditure Government’s responsibility

Government may incur all expenditure for and in connection with the establishment of the Organization up to the date of its establishment and thereafter may bear all or to such extent and for such period as may be prescribed by the Minister of Finance the administrative expenditure in connection with the purposes mentioned in the foregoing section.

Section 74

Holding of property, etc.

The Organization may, subject to such conditions as may be prescribed by the Minister in consultation with the Minister of Finance acquire and hold property both movable and immovable, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it and do all things necessary for the purposes for which the Organization is established.

74

Section 74A

Power of the Organization to establish or take over companies

(2)

The Organization may give instructions to the company referred to in subsection (1) on matters relating to the administration, finance and operation of the company which are consistent with the provisions of this Act, and such company shall give effect to the instructions.

Investment of funds

Section 75

(a)

in investments or securities authorized for the investment of trust funds by any written law for the time being in force;

(b)

in investment in shares and debentures in any public company the prices of which are quoted or sought to be quoted on the stock exchange established in Malaysia; and

(c)

in such other investments or securities as the Board may decide:

Provided that any investment made under this Act may be varied, transposed or realized from time to time.

*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016

[Act 777] which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.

Employees’ Social Security 75

(2)

The Minister in consultation with the Minister of Finance may, at any time, direct the vacation in part or in whole, or prohibit investment, in any security or class of securities.

(3)

For the purposes of this section—

“debentures” includes debenture stock, bond, note or other securities or obligations of a company, whether constituting a charge on the assets of the company or not and also includes the right to subscribe for any debenture;

“shares” means the paid-up shares (whether fully paid or not) in the share capital of a company and includes stocks and rights to subscribe for any stock or shares.

Investment Panel

Section 75A

(2)

The Investment Panel shall consist of the following persons:

(a)

the Chairman of the Board as Chairman;

(b)

two members appointed by the Board from amongst the members of the Board, one representing the employers and one representing the insured persons;

(c)

the Director General of the Organization;

(d)

a representative from the Treasury; and

(e)

(Deleted by Act A1508).

(f)

three other members with business and financial experience appointed by the Minister:

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Provided that a person appointed in accordance with this paragraph shall, subject to the Ninth Schedule, serve for a period of two years from the date of his appointment.

(3)

The provisions of the Ninth Schedule shall apply to the

Investment Panel.

Section 75B

(Deleted by Act A981).

Section 76

Raising of loans

The Organization may, with the previous sanction of the Minister of Finance and on such terms as may be prescribed by him, raise loans and take measures for discharging such loans.

Section 77

Budget estimates

The Organization shall in each year frame a budget showing the probable receipts and the expenditure which it proposes to incur during the following year and shall submit a copy of the budget for the approval of the Minister before such date as may be fixed by him in that behalf and such budget shall contain provisions adequate in the opinion of the Minister for the discharge of the liabilities incurred by the Organization and for the maintenance of a working balance.

Section 78

Accounts

The Organization shall maintain proper accounts and records and shall prepare a statement of accounts in respect of each year or of such other period as the Minister may direct.

Section 79

Audit

(2)

The Auditor General or an officer delegated by him shall at all reasonable times have access to the books, accounts and other documents of the Organization and may, for the purposes of an audit, call for such explanation and information as he may require or examine any principal or other officer of the Organization.

(3)

The Board shall forward to the Minister a copy of the auditor’s report and any observations together with an audited copy of the accounts of the Organization. The Minister may direct the Board to send a copy of the auditor’s report and of any statement of accounts to any Government department and such statement of accounts to the

Auditor General as necessary.

Annual Report

Section 80

Employees’ Social Security 77

The Board shall submit to the Minister an annual report of the work and activities of the Organization before 30 June the following year unless otherwise extended by the Minister.

Section 81

Annual report and audited accounts

The annual report and the audited accounts of the Organization shall be laid before each House of Parliament.

Section 82

Valuation of assets and liabilities

The Board shall, at intervals of five years, cause an actuarial review to be carried out on the working of the schemes provided under this Act, involving a valuation of the assets and liabilities of the

Organization, and such report shall be submitted to the Minister:

Provided that it shall be open to the Minister to direct that such actuarial review and valuation be made at such other times as he may consider necessary.

78

ADJUDICATION OF DISPUTE AND CLAIMS

Constitution of Social Security Appellate Board

Section 83

(2)

The Board shall consist of a Chairman and two assessors.

(3)

A person shall be qualified for appointment as Chairman of the

Board if—

(a)

he is a citizen; and

(b)

for ten years preceding his appointment he has been a member of the Judicial and Legal Service of the Federation or an advocate and solicitor of the High Courts in Malaysia.

(4)

The Chairman shall be appointed by the Minister on such terms and conditions as may be specified by him.

(5)

The two assessors shall represent employers and employees and shall be selected by the Chairman from the panel of persons appointed under subsection (6).

(6)

The Minister shall, after consultation with such organizations representing employers and employees respectively as he thinks fit, appoint a panel of such number of persons as he deems appropriate to serve as assessors.

(7)

(Deleted by Act A1232).

(8)

(Deleted by Act A1232).

Employees’ Social Security 79

Matters to be decided by the Board

Section 84

(a)

whether any person is an employee within the meaning of this Act or whether he is liable to pay the employee’s contribution;

(b)

the rate of wages or average daily wages of an employee for the purposes of this Act;

(c)

the rate of contribution payable by a principal employer in respect of any employee;

(d)

a person who is or was the principal employer in respect of any employee;

(e)

the right of any person to any benefit and as to amount and duration of it;

(f)

any direction issued by the Organization under sections 35

and 36 on a review of any payment of invalidity pension or dependants’ benefits or survivors’ pension respectively; or

(g)

(Deleted by Act A590);

(h)

any other matter which is in dispute between a principal employer and the Organization, or between a principal employer and an immediate employer, or between a person and the Organization or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recoverable under this Act, or any other matter required to be or which may be decided by the Board under this Act, such question or dispute subject to subsection (3) shall be decided by the Board in accordance with this Act.

(2)

Subject to subsection (3), the following claims shall be decided by the Board, namely:

80

(a)

claim for the recovery of contributions from the principal employer;

(b)

claim by a principal employer to recover contributions from any immediate employer;

(c)

(Deleted by Act A590);

(d)

claim against a principal employer under section 48;

(e)

claim under section 50 for the recovery of the value of amount or the benefits received by a person when he is not lawfully entitled thereto; and

(f)

any claim for the recovery of any benefit admissible under this Act.

(3)

If in any proceedings before the Board an invalidity or disablement question arises and the decision of a medical board or appellate medical board has not been obtained on the same and the decision of such question is necessary for the determination of the claim or question before the Board, the Board shall direct the

Organization to have the question decided by this Act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the appellate medical board.

(4)

No Civil Court shall have jurisdiction to decide or deal with any question or dispute mentioned in subsections (1) and (2) or to adjudicate on any liability which, by or under this Act, is to be decided by the Board.

(5)

No Civil Court shall have jurisdiction to decide or deal with any question or dispute which, by or under this Act, is to be decided by a medical board or by an appellate medical board.

Employees’ Social Security 81

Institution of proceedings, etc.

Section 85

(2)

The Minister may transfer any matter pending before any Board in a State or area to any such Board in another State or area.

(3)

The Board to which any matter is transferred under subsection (2) shall continue the proceedings as if they had been originally instituted in it.

Commencement of proceedings

Section 86

(2)

Every such application shall be made within a period of three years from the date on which the cause of action arose.

(3)

For the purpose of subsection (2)—

(a)

the cause of action in respect of a claim for benefit shall not be deemed to arise unless the insured person or in the case of dependants’ benefit or survivors’ pension, the dependants of the insured person or, in the case of funeral benefit, the claimant, claims or claim that benefit in accordance with the regulations made in that behalf within a period of twelve months after the claim became due or within such further period as the Board may allow on grounds which appear to it to be reasonable;

(b)

the cause of action in respect of a claim by the Organization for recovering contributions from the principal employer or a claim by the principal employer for recovering contributions from an immediate employer shall not be deemed to arise till the date by which the evidence of

82

contributions having been paid is due to be received by the

Organization under the regulations;

(c)

every such application shall be in such form and shall contain such particulars and shall be accompanied by such fee, if any, as may be prescribed by the regulations.

Powers of Social Security Appellate Board

Section 87

(2)

The Board shall follow such procedure as may be prescribed by regulations.

(3)

All costs incidental to any proceedings before a Board, shall, subject to such regulations as may be made in this behalf, be in the discretion of the Board.

(4)

An order of the Board shall be enforceable as if it were a judgment of a Sessions Court notwithstanding that the same may be in respect of an amount in excess of the ordinary jurisdiction of the said

Court.

Appearance by legal practitioners, etc.

Section 88

Any application, appearance or act required to be made or done by any person to or before a Board (other than appearance of a person required for the purposes of his examination as a witness) may be made or done by a legal practitioner or by an officer of a registered trade union authorized in writing by such person or with the permission of the Board, by any other person so authorized.

Employees’ Social Security 83

Section 89

Benefit not admissible unless claimed in time

A Board shall not direct the payment of any benefit to a person unless he has made a claim for such benefit in accordance with the regulations made in that behalf and section 86:

Provided that if the Board is satisfied that there was reasonable excuse for not making a claim for the benefit within the prescribed period, it may direct the payment of the benefit as if the claim had been made in time.

Section 90

Reference to High Court

A Board may submit any question of law for the decision of the

High Court and if it does so shall decide the question pending before it in accordance with such decision.

Section 91

Appeal

(2)

An appeal shall lie to the High Court from an order of an appellate board set up by or under this Act if it involves a substantial question of law.

(3)

The period of limitation for an appeal under this section shall be sixty days from the date the order is made.

Stay of payment pending appeal

Section 92

Where the Organization has presented an appeal against an order of the Board, that Board may, and if so directed by the High Court shall, pending the decision of the appeal, withhold the payment of any sum directed to be paid by the order appealed against.

84

PENALTIES

Punishment for false information

Section 93

Where any person, for the purpose of causing any increase in payment or benefit under this Act, or for the purpose of causing any payment or benefit to be made where no payment or benefit is authorized by or under this Act, or for the purpose of avoiding any payment to be made by himself under this Act, or enabling any other person to avoid any such payment—

(a)

makes or causes to be made any false statement or false representation; or

(b)

makes in writing or signs any declaration, form, report, certificate or other document required by this Act or any regulations made thereunder which is untrue or incorrect in any material particular, shall be punishable with imprisonment for a term which may extend to two years, or with a fine not exceeding ten thousand ringgit, or with both.

Punishment for failure to pay contributions, etc.

Section 94

If any person—

(a)

fails to pay any contribution or any part thereof which is payable by him under this Act or fails to pay within the time prescribed by regulations any interest payable under section 14A;

(b)

deducts or attempts to deduct from the wages of an employee the whole or any part of the employer’s contribution;

Employees’ Social Security 85

(c)

in contravention of section 52 reduces the wages or any privileges or benefits admissible to an employee;

(d)

in contravention of section 53 or any regulation dismisses, discharges, reduces or otherwise punishes an employee;

(e)

fails or refuses to submit any return or accident report required by the regulations, or makes a false return or report;

(f)

obstructs any Inspector or other official of the Organization in the discharge of his duties; or

(g)

is guilty of any contravention of or non-compliance with any of the requirements of this Act or the rules or the regulations in respect of which no special penalty is provided, he shall be punishable with imprisonment for a term which may extend to two years, or with fine not exceeding ten thousand ringgit, or with both.

Court’s order in respect of contributions due and payable to the

Organization

Section 94A

(2)

Such contributions shall be recoverable in the same manner as, and shall be appealable as if it were, an order for payment of compensation under section 426 of the Criminal Procedure Code

[Act 593], except that where the Court directs payment of the sum to

86

be made by instalments, the Court shall direct that the sum be paid in not more than six instalments.

(3)

Upon any person being found guilty of any offence under paragraph 94(e) pertaining to the submission of an accident report, the

Court before which the person is found guilty shall order such person to submit the required accident report within the time to be determined by the Court.

Trial for more than one offence

Section 94B

Notwithstanding the provisions of any written law to the contrary, any person may be charged with and tried at any one trial for any number of offences under paragraph 94(a) not exceeding thirty-six and such offences shall, for the purposes of the law for the time being in force relating to criminal procedure, be deemed to form part of the same transaction.

Section 94C

Copy of entry to be prima facie evidence

Organization duly certified under the hand of an authorized officer of the Organization shall be prima facie evidence of such entry having been made and of the truth of the contents thereof.

Section 95

Prosecution

(2)

(Deleted by Act A1232).

(3)

(Deleted by Act A675).

Employees’ Social Security 87

Compounding of offences

Section 95A

(2)

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or within such extended period as the

Director General may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(3)

If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made and any thing seized in connection with the offence may be released or forfeited by the

Director General, subject to such terms and conditions as he thinks fit.

MISCELLANEOUS

Insured person not entitled to more than one benefit

Section 96

(2)

Where a person is entitled to both benefits, he may choose which benefit he shall receive for that period.

88

Dependant not entitled to both survivor’s pension and dependants’ benefit for the same period

Section 96A

(2)

Where a dependant is entitled to both survivors’ pension and dependants’ benefit, he may choose to receive the benefit which is payable at the higher rate.

Exemption of industry or class of industries

Section 97

The Minister may, by notification in the Gazette and subject to such conditions as may be specified in the notification, exempt any industry or class of industries in any specified area from the operation of this Act for a period not exceeding one year and may from time to time by like notification renew any such exemption, for periods not exceeding one year at a time.

Section 98

Exemption of persons or class of persons

The Minister may, by notification in the Gazette and subject to such conditions as he may deem fit to impose, exempt any person or class of persons employed in any industry or class of industries to which this Act applies from the operation of the Act.

Section 99

Organization to make representation

No exemption shall be granted or renewed under sections 97

and 98, unless a reasonable opportunity has been given to the

Organization to make any representation it may wish to make in regard to the proposal and such representation has been considered by the

Minister.

Employees’ Social Security 89

Section 100

Exemption of industries belonging to Government or local authority

The Minister may, by notification in the Gazette and subject to such conditions as may be specified in the notification, exempt any industry or class of industries belonging to the Federal Government or any State Government or any local authority or statutory authority, from the operation of this Act, if the employees in any such industry or class of industries are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.

Section 101

Exemption from one or more provisions of the Act

The Minister may, by notification in the Gazette, exempt any employee or class of employees in any industry or class of industries from one or more of the provisions relating to the benefits provided under this Act.

Section 102

Contributions, etc., due to Organization to have priority over other debts

There shall be deemed to be included among the debts which, under any written law relating to insolvency in force in the country, are in the distribution of the property of the insolvent or in the distribution of the assets of a company being wound up, to be paid in priority to all other debts, the amount due in respect of any contribution or any other amount payable under this Act the liability wherefor accrued before the date of the order of adjudication of the insolvent or the date of the winding up.

Section 103

Exercise of powers and functions of the Organization

Organization under this Act shall be exercised by the Director General or by any officer of the Organization authorized by him or by an authority authorized by the Minister.

90

Section 103A

Disposal of documents after more than three years

(2)

Where a paper-based document has been copied in accordance with subsection (1), the Director General may authorize the disposal of the paper-based document after the expiry of a period of three years from the making of such electronic copy.

(3)

A copy of the document kept on an electronic medium in accordance with subsection (1) shall be admissible as evidence of any fact stated in it in accordance with section 90A of the Evidence

Act 1950 [Act 56].

Section 104

(Deleted by Act 478).

Section 105

Power of the Minister to make regulations

(2)

In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:

(i)

(Deleted by Act A675);

(ii)

(Deleted by Act A675);

(iii)

the manner in which any contribution payable under this

Act shall be assessed and collected;

(iv)

the levy of interest at a rate not less than six per cent per annum on contributions due but not paid subject to the

Employees’ Social Security 91

minimum of five ringgit in respect of each month or part of a month in default beyond the due date and the conditions under which such levy may be waived;

(v)

the interest payable in respect of the amount payable towards invalidity grants;

(vi)

reckoning of wages for the purpose of fixing the contribution payable under this Act;

(vii)

the certification of disability and eligibility for any cash benefit;

(viii)

the method of determining the actuarial present value of periodical payments;

(ix)

the assessing of the money value of any benefit which is not a cash benefit;

(x)

the time within which and the form in which any claim for a benefit may be made and the particulars to be specified in such claims;

(xi)

the circumstances in which an employee in receipt of disablement benefit may be dismissed, discharged, reduced or otherwise punished;

(xii)

the manner in which and the place and time at which any benefit shall be paid;

(xiii)

the method of calculating the amount of cash benefit payable and the circumstances in which and the extent to which commutation of disablement and dependants’

benefits, may be allowed and the method of calculating the commutation value;

(xiv)

the conditions under which any benefit may be suspended;

92

(xv)

the conditions to be observed by a person when in receipt of any benefit and the periodical medical examination of such persons;

(xvi)

the visiting of disabled persons;

(xvii)

the appointment of medical practitioners for the purpose of this Act, the duties of such practitioners and the form of medical certificates;

(xviii)

the penalties for breach of regulations by fine (not exceeding two days’ wages for a first breach and not exceeding three days’ wages for any subsequent breach)

which may be imposed on employees;

(xix)

the circumstances in which and the conditions subject to which any regulations may be relaxed, the extent of such relaxation and the authority by whom such relaxation may be granted;

(xx)

the returns and reports to be submitted and the registers or records to be maintained by the principal and immediate employers, the forms of such returns, reports, registers or records and the times at which such returns and reports should be submitted and the particulars which such returns, reports, registers and records shall contain;

(xxa) the offences under this Act or any subsidiary legislation made under this Act which may be compounded, and the criteria, method and procedure for compounding such compoundable offences;

(xxi)

the duties and powers of Inspectors and other officers and servants of the Organization;

(xxia) the constitution of medical boards, including the Special

Medical Board;

(xxii)

the constitution of the Social Security Appellate Boards and

Appellate Medical Boards, the qualifications of persons

Employees’ Social Security 93

who may be appointed chairman and members thereof, and the conditions of service of such chairman and members;

(xxiii)

the procedure to be followed in proceedings before the

Social Security Appellate Boards and Appellate Medical

Boards and the execution of decisions by such Appellate

Boards;

(xxiv)

the fee payable in respect of applications made to the Social

Security Appellate Boards, the cost incidental to the proceedings in such boards, form in which applications should be made to them and the particulars to be specified in such applications;

(xxv)

the establishment of hospitals, dispensaries and other institutions, the allotment of insured persons to any such hospital, dispensary or other institution in consultation with the Ministry of Health;

(xxvi)

the scale of medical benefit which shall be provided at any hospital, clinic, dispensary or institution, the keeping of medical records and the furnishing of statistical returns;

(xxvii)

the nature and extent of the staff, equipment and medicines that shall be provided at such hospitals, dispensaries and institutions;

(xxviii)

the procedure to be followed in remitting contributions to the Organization;

(xxix)

the registration of industries;

(xxx)

matters which must be covered by the periodical valuation of the assets and liabilities of the Organization;

(xxxi)

the investment of the Social Security Fund and its transfer or realization, the bank or banks in which the funds of the

Organization may be deposited, the raising and repayment of loans and financial control and procedures in consultation with the Minister of Finance;

94

(xxxia) the imposition of a fee or a charge for providing any information or document which is in the custody of the

Organization; and

(xxxii)

any matter in respect of which regulations are required or permitted to be made by this Act.

Duty of Board to review benefits

Section 106

Without prejudice to section 59I, when substantial changes in the general level of earnings result from substantial changes in the cost of living, the Board shall examine the situation on the basis of an actuarial valuation made under section 82 and shall make recommendations to the Minister to adjust the Scheme of Social Insurance in order to maintain the real value of certain cash benefits. The recommendations of the Board, which shall be accompanied by the actuarial report and shall take account of Government social policy, may include—

(a)

proposals for a new scale of wage classes and of contributions;

(b)

proposals for changes in the rates of specified cash benefits including the rates of pensions already in payment; and

(c)

extension of benefits.

Rates of benefit

Section 106A

The rates of benefits as stipulated in sections 20, 20A, 30 and in the Fourth Schedule shall apply to all benefit cases in payment as at the date of coming into force of these rates:

Provided that any benefits and additions to benefits already provided by law shall be deducted from the new recomputed rates as provided by those sections:

And provided further that this section shall not affect any case where the benefit already paid is more than the new recomputed rates:

Employees’ Social Security 95

And provided further that in the case where the insured person who is in receipt of invalidity pension dies before 1 February 1986, the amount of the monthly rate of invalidity pension for the purposes of survivors’ pension under section 20A shall be the amount the deceased insured person is entitled to had he been alive in the month of January 1986.

Section 107

Addition of benefits

Any other benefits may be added to the benefits provided by this

Act, subject to such scale and terms and conditions as may be provided by law; and such law shall form part of this Act.

Section 108

Power to remove difficulties

(2)

Any order made under this section shall have effect notwithstanding anything inconsistent therewith in any regulations made under this Act.

Joint and several liability of directors

Section 108A

Where any sum of money by way of contributions together with any interest due thereon remain unpaid by a company, a firm or an association of persons, then, notwithstanding anything to the contrary in this Act or any other written law, the directors of such company including any person who was a director of such company during the period in which the contributions were payable, or a member of such firm including any person who was a member of the firm during the period in which the contributions were payable or the office-bearers of such association of persons, including any person who was an office-bearer of such association during the period in which the

96

contributions were payable, shall together with the company, firm or association of persons be jointly and severally liable for the contributions together with interest due and payable thereon to the

Organization.

Section 109

Recovery of contribution, etc.

Without prejudice to any other method of recovery of contribution or other sum payable or recoverable under the provisions of this Act, any debt due to the Organization may be recoverable as if it is an arrear of land rent or an arrear of a sum payable to a local authority:

Provided that this section shall not become operative in a State until adopted by the Legislature of that State.

Section 110

Powers of Director General

(2)

Any person who in any way wilfully obstructs the service of or obedience to any summons and any person summoned who neglects to attend and to produce documents as required in such summons shall be punishable with imprisonment for a term which may extend to two years, or with a fine not exceeding ten thousand ringgit, or to both.

(3)

The Director General or such other officer authorized by him shall be deemed to be a public servant within the meaning of the

Penal Code.

Employees’ Social Security 97

Organization to deal with authorized person

Section 111

(2)

The Organization may refuse to entertain any representation made by any other person.

Benefit for two or more successive accidents

Section 112

(2)

The Minister may make regulations to provide for adjusting the disablement benefit payable in respect of successive accidents or the conditions for the receipt of such benefit in any case where the disablement benefit has been commuted into a lump sum.

Electronic submission of documents

Section 112A

(2)

The conditions and specifications under which the returns, statements, particulars, records, notice, reports, register or other documents referred to in subsection (1) are to be submitted or furnished shall be as determined by the Organization.

(3)

The returns, statements, particulars, records, notice, reports, register or other documents referred to in subsection (1) shall be

98

deemed to have been submitted or furnished by a person to the

Organization on the date the acknowledgment of receipt of such documents is transmitted electronically by the Organization to the person.

(4)

The acknowledgment of receipt by the Organization, returns, statements, particulars, records, notice, reports, register or other documents submitted or furnished pursuant to subsection (3) shall be admissible as evidence in any proceedings.

FIRST SCHEDULE

[Section 3]

(1)

(Deleted by Act A1508).

(2)

Any person whose employment is of casual nature and who is employed otherwise than for the purposes of the employer’s industry.

(3)

(Deleted by P.U. (A) 247/2021).

(4)

A tributer, that is, a person who is permitted to win minerals or produce of any kind from or on the land of another and who, in consideration of such permission, gives a proportion of the minerals or produce so won to that other person or pays to him the value of such proportion.

(5)

(Deleted by P.U. (A) 144/2018).

(6)

Any member of the Malaysian Armed Forces or of any Local Forces established under any written law or of any Visiting Force lawfully present in

Malaysia under any written law relating to Visiting Forces.

(7)

Any police officer, and any other person engaged to perform police duties in accordance with the provisions of any written law while so performing such duties.

(8)

Any person detained in any prison, Henry Gurney School, approved school, detention camp, mental hospital, or leper settlement.

(9)

–

(11)

(Deleted by Act A814).

(12)

In so far as this Act relating to invalidity pension are concerned—

Employees’ Social Security 99

(i)

an employee who has attained the age of fifty-five years and in respect of whom no contributions were payable before he attained the age of fifty-five years;

(ii)

an employee who has attained the age of sixty years; and

(iii)

a certified invalid who is in receipt of invalidity pension.

(iv)

(Deleted by P.U. (A) 180/2024).

(12A)

A foreign worker who does not possess a valid pass or permit issued by the

Director General of Immigration for the purpose of working in Malaysia.

(13)

(Deleted by Act A1445).

SECOND SCHEDULE

[Section 2]

List of injuries deemed to result in permanent total disablement

Serial

Description of Injury

Percentage of loss of earning capacity 1.

Loss of both hands or amputation at higher sites 100 2.

Loss of a hand and a foot 100 3.

Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot 100 4.

Loss of sight to such an extent as to render the claimant unable to perform any work for which eye-sight is essential 100 5.

Very severe facial disfigurement 100 6.

Absolute deafness 100

100

List of injuries deemed to result in permanent partial disablement

Serial

Description of Injury

Percentage of loss of earning capacity

Amputation—upper limbs (either arm) cases 1.

Amputation through shoulder joint 90 2.

Amputation below shoulder with stump less than 8”

from tip of acromion 80 3.

Amputation below 8” from tip of acromion to less than 4½” below tip of olecranon 70 4.

Loss of a hand or of the thumb and four fingers of one hand or amputation from 4½” below tip of olecranon 60 5.

Loss of thumb 30 6.

Loss of thumb and its metacarpal bone 40 7.

Loss of four fingers of one hand 50 8.

Loss of three fingers of one hand 30 9.

Loss of two fingers of one hand 20 10.

Loss of terminal phalanx of thumb 20

Amputation—lower limbs cases 11.

Amputation of both feet resulting in end-bearing stumps 90 12.

Amputation through both feet proximal to the metatarso-phalangeal joint 80 13.

Loss of all toes of both feet through the metatarso-phalangeal joint 40 14.

Loss of all toes of both feet proximal to the proximal inter-phalangeal joint 30 15.

Loss of all toes of both feet distal to the proximal inter-phalangeal joint 20 16.

Amputation at hip 90 17.

Amputation below hip with stump not exceeding 5” in length measured from tip of great trenchanter 80

Employees’ Social Security 101

Serial

Description of Injury

Percentage of loss of earning capacity 18.

Amputation below hip with stump exceeding 5” in length measured from tip of great trenchanter but not beyond middle thigh 70 19.

Amputation below middle thigh to 3½” below knee 60 20.

Amputation below knee with stump exceeding 3½”

but not exceeding 5”

50 21.

Amputation below knee with stump exceeding 5”

40 22.

Amputation of one foot resulting in end-bearing 30 23.

Amputation through one foot proximal to the metatarso-phalangeal joint 30 24.

Loss of all toes of one foot through the metatarso-phalangeal joint 20

Other injuries 25.

Loss of one eye, without complications, the other being normal 40 26.

Loss of vision of one eye without complications or disfigurement of eye-ball, the other being normal 30 27.

Permanent total loss of hearing in one ear 20

Loss of—

A—Fingers of right or left hand

Index finger 28.

Whole 14 29.

Two phalanges 11 30.

One phalanx 9 31.

Guillotine amputation of tip without loss of bone 5

Middle finger 32.

Whole 12 33.

Two phalanges 9 34.

One phalanx 7

102

Serial

Description of Injury

Percentage of loss of earning capacity 35.

Guillotine amputation of tip without loss of bone 4

Ring or little finger 36.

Whole 7 37.

Two phalanges 6 38.

One phalanx 5 39.

Guillotine amputation of tip without loss of bone 2

B—Toes of right or left foot

Great toe 40.

Through metatarso-phalangeal joint 14 41.

Part, with some loss of bone 3

Any other toe

Section 42

Through metatarso-phalangeal joint 3 43.

Part, with some loss of bone 1

Two toes of one foot, excluding great toe

Section 44

Through metatarso-phalangeal joint 5 45.

Part, with some loss of bone 2

Three toes of one foot, excluding great toe

Section 46

Through metatarso-phalangeal joint 6 47.

Part, with some loss of bone 3

Four toes of one foot, excluding great toe

Section 48

Through metatarso-phalangeal joint 9 49.

Part, with some loss of bone 3

(NOTE—complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be the equivalent of the loss of that limb or member.)

Employees’ Social Security 103

THIRD SCHEDULE

[Section 6]

RATES OF CONTRIBUTION

Section 1

Contributions of the First and Second categories shall be calculated with reference to monthly wages and paid at the rates indicated below.

Section 1A

For the purposes of this Schedule—

(a)

“Monthly wages” means wages payable to an employee in respect of all wage periods ending in the month; and

(b)

“Wage period” means the period in respect of which wages earned by an employee are payable.

Section 2

Part I—Contributions of the First category—for Invalidity and Employment

Injury.

Monthly Wages

Employer’s

Contribution

Employee’s

Contribution

Total 1.

Wages up to RM30 … … …

40 sen 10 sen 50 sen 2.

When wages exceed RM30 but not RM50 …

70 sen 20 sen 90 sen 3.

When wages exceed RM50 but not RM70 …

RM1.10 30 sen

RM1.40 4.

When wages exceed RM70 but not RM100 …

RM1.50 40 sen

RM1.90 5.

When wages exceed RM100 but not RM140 …

RM2.10 60 sen

RM2.70 6.

When wages exceed RM140 but not RM200 …

RM2.95 85 sen

RM3.80 7.

When wages exceed RM200 but not RM300 …

RM4.35

RM1.25

RM5.60 8.

When wages exceed RM300 but not RM400 …

RM6.15

RM1.75

RM7.90 9.

When wages exceed RM400 but not RM500 …

RM7.85

RM2.25

RM10.10 10.

When wages exceed RM500 but not RM600 …

RM9.65

RM2.75

RM12.40 11.

When wages exceed RM600 but not RM700 …

RM11.35

RM3.25

RM14.60 12.

When wages exceed RM700 but not RM800 …

RM13.15

RM3.75

RM16.90 13.

When wages exceed RM800 but not RM900 …

RM14.85

RM4.25

RM19.10 14.

When wages exceed RM900 but not RM1,000

RM16.65

RM4.75

RM21.40 15.

When wages exceed RM1,000 but not RM1,100

RM18.35

RM5.25

RM23.60 16.

When wages exceed RM1,100 but not RM1,200

RM20.15

RM5.75

RM25.90 17.

When wages exceed RM1,200 but not RM1,300

RM21.85

RM6.25

RM28.10 18.

When wages exceed RM1,300 but not RM1,400

RM23.65

RM6.75

RM30.40 19.

When wages exceed RM1,400 but not RM1,500

RM25.35

RM7.25

RM32.60 20.

When wages exceed RM1,500 but not RM1,600

RM27.15

RM7.75

RM34.90

104

Monthly Wages

Employer’s

Contribution

Employee’s

Contribution

Total 21.

When wages exceed RM1,600 but not RM1,700

RM28.85

RM8.25

RM37.10 22.

When wages exceed RM1,700 but not RM1,800

RM30.65

RM8.75

RM39.40 23.

When wages exceed RM1,800 but not RM1,900

RM32.35

RM9.25

RM41.60 24.

When wages exceed RM1,900 but not RM2,000

RM34.15

RM9.75

RM43.90 25.

When wages exceed RM2,000 but not RM2,100

RM35.85

RM10.25

RM46.10 26.

When wages exceed RM2,100 but not RM2,200

RM37.65

RM10.75

RM48.40 27.

When wages exceed RM2,200 but not RM2,300

RM39.35

RM11.25

RM50.60 28.

When wages exceed RM2,300 but not RM2,400

RM41.15

RM11.75

RM52.90 29.

When wages exceed RM2,400 but not RM2,500

RM42.85

RM12.25

RM55.10 30.

When wages exceed RM2,500 but not RM2,600

RM44.65

RM12.75

RM57.40 31.

When wages exceed RM2,600 but not RM2,700

RM46.35

RM13.25

RM59.60 32.

When wages exceed RM2,700 but not RM2,800

RM48.15

RM13.75

RM61.90 33.

When wages exceed RM2,800 but not RM2,900

RM49.85

RM14.25

RM64.10 34.

When wages exceed RM2,900 but not RM3,000

RM51.65

RM14.75

RM66.40 35.

When wages exceed RM3,000 but not RM3,100

RM53.35

RM15.25

RM68.60 36.

When wages exceed RM3,100 but not RM3,200

RM55.15

RM15.75

RM70.90 37.

When wages exceed RM3,200 but not RM3,300

RM56.85

RM16.25

RM73.10 38.

When wages exceed RM3,300 but not RM3,400

RM58.65

RM16.75

RM75.40 39.

When wages exceed RM3,400 but not RM3,500

RM60.35

RM17.25

RM77.60 40.

When wages exceed RM3,500 but not RM3,600

RM62.15

RM17.75

RM79.90 41.

When wages exceed RM3,600 but not RM3,700

RM63.85

RM18.25

RM82.10 42.

When wages exceed RM3,700 but not RM3,800

RM65.65

RM18.75

RM84.40 43.

When wages exceed RM3,800 but not RM3,900

RM67.35

RM19.25

RM86.60 44.

When wages exceed RM3,900 but not RM4,000

RM69.15

RM19.75

RM88.90 45.

When wages exceed RM4,000 but not RM4,100

RM70.85

RM20.25

RM91.10 46.

When wages exceed RM4,100 but not RM4,200

RM72.65

RM20.75

RM93.40 47.

When wages exceed RM4,200 but not RM4,300

RM74.35

RM21.25

RM95.60 48.

When wages exceed RM4,300 but not RM4,400

RM76.15

RM21.75

RM97.90 49.

When wages exceed RM4,400 but not RM4,500

RM77.85

RM22.25

RM100.10 50.

When wages exceed RM4,500 but not RM4,600

RM79.65

RM22.75

RM102.40 51.

When wages exceed RM4,600 but not RM4,700

RM81.35

RM23.25

RM104.60 52.

When wages exceed RM4,700 but not RM4,800

RM83.15

RM23.75

RM106.90 53.

When wages exceed RM4,800 but not RM4,900

RM84.85

RM24.25

RM109.10 54.

When wages exceed RM4,900 but not RM5,000

RM86.65

RM24.75

RM111.40 55.

When wages exceed RM5,000 but not RM5,100

RM88.35

RM25.25

RM113.60

Employees’ Social Security 105

Monthly Wages

Employer’s

Contribution

Employee’s

Contribution

Total 56.

When wages exceed RM5,100 but not RM5,200

RM90.15

RM25.75

RM115.90 57.

When wages exceed RM5,200 but not RM5,300

RM91.85

RM26.25

RM118.10 58.

When wages exceed RM5,300 but not RM5,400

RM93.65

RM26.75

RM120.40 59.

When wages exceed RM5,400 but not RM5,500

RM95.35

RM27.25

RM122.60 60.

When wages exceed RM5,500 but not RM5,600

RM97.15

RM27.75

RM124.90 61.

When wages exceed RM5,600 but not RM5,700

RM98.85

RM28.25

RM127.10 62.

When wages exceed RM5,700 but not RM5,800

RM100.65

RM28.75

RM129.40 63.

When wages exceed RM5,800 but not RM5,900

RM102.35

RM29.25

RM131.60 64.

When wages exceed RM5,900 but not RM6,000

RM104.15

RM29.75

RM133.90 65.

When wages exceed RM6,000 … …

RM104.15

Section 3

RM29.75

(Deleted by Act A814).

Section 4

Part III—Contributions of the Second category for the contingency of

Employment Injury only. (Contributions to be paid entirely by the Employer).

Monthly Wages

Employer’s

Contribution 1.

Wages up to RM30

…

30 sen 2.

When wages exceed RM30 but not RM50

…

50 sen 3.

When wages exceed RM50 but not RM70

…

80 sen 4.

When wages exceed RM70 but not RM100

…

RM1.10 5.

When wages exceed RM100 but not RM140

…

RM1.50 6.

When wages exceed RM140 but not RM200

…

RM2.10 7.

When wages exceed RM200 but not RM300

…

RM3.10 8.

When wages exceed RM300 but not RM400

…

RM4.40 9.

When wages exceed RM400 but not RM500

…

RM5.60 10.

When wages exceed RM500 but not RM600

…

RM6.90 11.

When wages exceed RM600 but not RM700

…

RM8.10 12.

When wages exceed RM700 but not RM800

…

RM9.40 13.

When wages exceed RM800 but not RM900

…

RM10.60 14.

When wages exceed RM900 but not RM1,000

…

RM11.90 15.

When wages exceed RM1,000 but not RM1,100 …

…

RM13.10 16.

When wages exceed RM1,100 but not RM1,200 …

…

RM14.40 17.

When wages exceed RM1,200 but not RM1,300 …

…

RM15.60 18.

When wages exceed RM1,300 but not RM1,400 …

…

106

Monthly Wages

Employer’s

Contribution 19.

When wages exceed RM1,400 but not RM1,500 …

…

RM18.10 20.

When wages exceed RM1,500 but not RM1,600 …

…

RM19.40 21.

When wages exceed RM1,600 but not RM1,700 …

…

RM20.60 22.

When wages exceed RM1,700 but not RM1,800 …

…

RM21.90 23.

When wages exceed RM1,800 but not RM1,900 …

…

RM23.10 24.

When wages exceed RM1,900 but not RM2,000 …

…

RM24.40 25.

When wages exceed RM2,000 but not RM2,100 …

…

RM25.60 26.

When wages exceed RM2,100 but not RM2,200 …

…

RM26.90 27.

When wages exceed RM2,200 but not RM2,300 …

…

RM28.10 28.

When wages exceed RM2,300 but not RM2,400 …

…

RM29.40 29.

When wages exceed RM2,400 but not RM2,500 …

…

RM30.60 30.

When wages exceed RM2,500 but not RM2,600 …

…

RM31.90 31.

When wages exceed RM2,600 but not RM2,700 …

…

RM33.10 32.

When wages exceed RM2,700 but not RM2,800 …

…

RM34.40 33.

When wages exceed RM2,800 but not RM2,900 …

…

RM35.60 34.

When wages exceed RM2,900 but not RM3,000 …

…

RM36.90 35.

When wages exceed RM3,000 but not RM3,100 …

…

RM38.10 36.

When wages exceed RM3,100 but not RM3,200 …

…

RM39.40 37.

When wages exceed RM3,200 but not RM3,300 …

…

RM40.60 38.

When wages exceed RM3,300 but not RM3,400 …

…

RM41.90 39.

When wages exceed RM3,400 but not RM3,500 …

…

RM43.10 40.

When wages exceed RM3,500 but not RM3,600 …

…

RM44.40 41.

When wages exceed RM3,600 but not RM3,700 …

…

RM45.60 42.

When wages exceed RM3,700 but not RM3,800 …

…

RM46.90 43.

When wages exceed RM3,800 but not RM3,900 …

…

RM48.10 44.

When wages exceed RM3,900 but not RM4,000 …

…

RM49.40 45.

When wages exceed RM4,000 but not RM4,100 …

…

RM50.60 46.

When wages exceed RM4,100 but not RM4,200 …

…

RM51.90 47.

When wages exceed RM4,200 but not RM4,300 …

…

RM53.10 48.

When wages exceed RM4,300 but not RM4,400 …

…

RM54.40 49.

When wages exceed RM4,400 but not RM4,500 …

…

RM55.60 50.

When wages exceed RM4,500 but not RM4,600 …

…

RM56.90 51.

When wages exceed RM4,600 but not RM4,700 …

…

RM58.10 52.

When wages exceed RM4,700 but not RM4,800 …

…

RM59.40 53.

When wages exceed RM4,800 but not RM4,900 …

…

RM60.60

Employees’ Social Security 107

Monthly Wages

Employer’s

Contribution 54.

When wages exceed RM4,900 but not RM5,000 …

…

RM61.90 55.

When wages exceed RM5,000 but not RM5,100 …

…

RM63.10 56.

When wages exceed RM5,100 but not RM5,200 …

…

RM64.40 57.

When wages exceed RM5,200 but not RM5,300 …

…

RM65.60 58.

When wages exceed RM5,300 but not RM5,400 …

…

RM66.90 59.

When wages exceed RM5,400 but not RM5,500 …

…

RM68.10 60.

When wages exceed RM5,500 but not RM5,600 …

…

RM69.40 61.

When wages exceed RM5,600 but not RM5,700 …

…

RM70.60 62.

When wages exceed RM5,700 but not RM5,800 …

…

RM71.90 63.

When wages exceed RM5,800 but not RM5,900 …

…

RM73.10 64.

When wages exceed RM5,900 but not RM6,000 …

…

RM74.40 65.

When wages exceed RM6,000

…

FOURTH SCHEDULE

[Sections 20, 22, 26]

DISABLEMENT BENEFIT AND DEPENDANTS’ BENEFIT

Section 1

(a)

for temporary disablement, an amount equivalent to eighty per cent of the assumed average daily wage;

(b)

for permanent total disablement, an amount equivalent to ninety per cent of the assumed average daily wage.

(2)

For the purposes of this paragraph, “assumed average daily wage” means the assumed average daily wage of the insured person who sustains the employment injury resulting in such disablement.

Section 2

Assumed average daily wage under the foregoing paragraph shall be equal to one-thirtieth of the assumed average monthly wage of the insured person.

Section 3

Assumed average monthly wage mentioned in paragraph 2 shall be an amount equivalent to the sum of the assumed monthly wages for each of the months for which contributions of the First or Second Category have been paid or were payable during the continuous period of six months immediately preceding the month in which the

108

employment injury occurred, divided by the number of months for which such contributions were so paid or payable:

Provided that in the event the insured person has been in employment for less than 24 days in any month, the contributions paid or payable for that month in respect of him shall not be taken into consideration for the calculation of the assumed average monthly wage.

Section 4

Assumed monthly wage mentioned in paragraph 3 for every month shall be the amount shown in the following table as corresponding to the rate of contribution of the First or Second category paid or payable for that month.

Actual monthly wage of the month

First

Category

Second

Category

Correspondin g assumed monthly wage for the month 1.

Wages up to RM30…

…

50 sen 30 sen

RM20 2.

When wages exceed RM30 but not RM50

…

90 sen 50 sen

RM40 3.

When wages exceed RM50 but not RM70

…

RM1.40 80 sen

RM60 4.

When wages exceed RM70 but not RM100 …

RM1.90

RM1.10

RM85 5.

When wages exceed RM100 but not RM140 …

RM2.70

RM1.50

RM120 6.

When wages exceed RM140 but not RM200 …

RM3.80

RM2.10

RM170 7.

When wages exceed RM200 but not RM300 …

RM5.60

RM3.10

RM250 8.

When wages exceed RM300 but not RM400 …

RM7.90

RM4.40

RM350 9.

When wages exceed RM400 but not RM500 …

RM10.10

RM5.60

RM450 10.

When wages exceed RM500 but not RM600 …

RM12.40

RM6.90

RM550 11.

When wages exceed RM600 but not RM700 …

RM14.60

RM8.10

RM650 12.

When wages exceed RM700 but not RM800 …

RM9.40

RM750 13.

When wages exceed RM800 but not RM900 …

RM19.10

RM10.60

RM850 14.

When wages exceed RM900 but not RM1,000

RM21.40

RM11.90

RM950 15.

When wages exceed RM1,000 but not RM1,100

RM23.60

RM13.10

RM1,050 16.

When wages exceed RM1,100 but not RM1,200

RM25.90

RM14.40

RM1,150 17.

When wages exceed RM1,200 but not RM1,300

RM28.10

RM15.60

RM1,250 18.

When wages exceed RM1,300 but not RM1,400

RM30.40

RM1,350 19.

When wages exceed RM1,400 but not RM1,500

RM32.60

RM18.10

RM1,450 20.

When wages exceed RM1,500 but not RM1,600

RM34.90

RM19.40

RM1,550 21.

When wages exceed RM1,600 but not RM1,700

RM37.10

RM20.60

RM1,650 22.

When wages exceed RM1,700 but not RM1,800

RM39.40

RM21.90

RM1,750 23.

When wages exceed RM1,800 but not RM1,900

RM41.60

RM23.10

RM1,850 24.

When wages exceed RM1,900 but not RM2,000

RM43.90

RM24.40

RM1,950

Employees’ Social Security 109

Actual monthly wage of the month

First

Category

Second

Category

Correspondin g assumed monthly wage for the month 25.

When wages exceed RM2,000 but not RM2,100

RM46.10

RM25.60

RM2,050 26.

When wages exceed RM2,100 but not RM2,200

RM48.40

RM26.90

RM2,150 27.

When wages exceed RM2,200 but not RM2,300

RM50.60

RM28.10

RM2,250 28.

When wages exceed RM2,300 but not RM2,400

RM52.90

RM29.40

RM2,350 29.

When wages exceed RM2,400 but not RM2,500

RM55.10

RM30.60

RM2,450 30.

When wages exceed RM2,500 but not RM2,600

RM57.40

RM31.90

RM2,550 31.

When wages exceed RM2,600 but not RM2,700

RM59.60

RM33.10

RM2,650 32.

When wages exceed RM2,700 but not RM2,800

RM61.90

RM34.40

RM2,750 33.

When wages exceed RM2,800 but not RM2,900

RM64.10

RM35.60

RM2,850 34.

When wages exceed RM2,900 but not RM3,000

RM66.40

RM36.90

RM2,950 35.

When wages exceed RM3,000 but not RM3,100

RM68.60

RM38.10

RM3,050 36.

When wages exceed RM3,100 but not RM3,200

RM70.90

RM39.40

RM3,150 37.

When wages exceed RM3,200 but not RM3,300

RM73.10

RM40.60

RM3,250 38.

When wages exceed RM3,300 but not RM3,400

RM75.40

RM41.90

RM3,350 39.

When wages exceed RM3,400 but not RM3,500

RM77.60

RM43.10

RM3,450 40.

When wages exceed RM3,500 but not RM3,600

RM79.90

RM44.40

RM3,550 41.

When wages exceed RM3,600 but not RM3,700

RM82.10

RM45.60

RM3,650 42.

When wages exceed RM3,700 but not RM3,800

RM84.40

RM46.90

RM3,750 43.

When wages exceed RM3,800 but not RM3,900

RM86.60

RM48.10

RM3,850 44.

When wages exceed RM3,900 but not RM4,000

RM88.90

RM49.40

RM3,950 45.

When wages exceed RM4,000 but not RM4,100

RM91.10

RM50.60

RM4,050 46.

When wages exceed RM4,100 but not RM4,200

RM93.40

RM51.90

RM4,150 47.

When wages exceed RM4,200 but not RM4,300

RM95.60

RM53.10

RM4,250 48.

When wages exceed RM4,300 but not RM4,400

RM97.90

RM54.40

RM4,350 49.

When wages exceed RM4,400 but not RM4,500

RM100.10

RM55.60

RM4,450 50.

When wages exceed RM4,500 but not RM4,600

RM102.40

RM56.90

RM4,550 51.

When wages exceed RM4,600 but not RM4,700

RM104.60

RM58.10

RM4,650 52.

When wages exceed RM4,700 but not RM4,800

RM106.90

RM59.40

RM4,750 53.

When wages exceed RM4,800 but not RM4,900

RM109.10

RM60.60

RM4,850 54.

When wages exceed RM4,900 but not RM5,000

RM111.40

RM61.90

RM4,950 55.

When wages exceed RM5,000 but not RM5,100

RM113.60

RM63.10

RM5,050 56.

When wages exceed RM5,100 but not RM5,200

RM115.90

RM64.40

RM5,150 57.

When wages exceed RM5,200 but not RM5,300

RM118.10

RM65.60

RM5,250

110

Actual monthly wage of the month

First

Category

Second

Category

Correspondin g assumed monthly wage for the month 58.

When wages exceed RM5,300 but not RM5,400

RM120.40

RM66.90

RM5,350 59.

When wages exceed RM5,400 but not RM5,500

RM122.60

RM68.10

RM5,450 60.

When wages exceed RM5,500 but not RM5,600

RM124.90

RM69.40

RM5,550 61.

When wages exceed RM5,600 but not RM5,700

RM127.10

RM70.60

RM5,650 62.

When wages exceed RM5,700 but not RM5,800

RM129.40

RM71.90

RM5,750 63.

When wages exceed RM5,800 but not RM5,900

RM131.60

RM73.10

RM5,850 64.

When wages exceed RM5,900 but not RM6,000

RM5,950 65.

When wages exceed RM6,000…

…

Section 4A

RM5,950

Where no contribution of the First or Second Category shall be paid or payable in respect of the insured person during the continuous period of six months immediately preceding the month in which the employment injury occurred or where none of the contributions paid or payable during the continuous period of six months immediately preceding the month in which the employment injury occurred can be taken into consideration for the purpose of the calculation of the assumed average monthly wage in accordance with the proviso to paragraph 3, the daily rate of benefit admissible for temporary disablement shall be equal to eighty per cent and permanent total disablement shall be equal to ninety per cent of the average assumed monthly wage of a person employed on similar work by the same employer or any employer in the same locality divided by thirty:

Provided that for the purposes of this paragraph the average assumed monthly wage shall be equal to the sum of the assumed monthly wage of a person employed on similar work by the same employer or, if there is no such person, any other person employed on similar work by another employer in the same locality for which the contributions of the First or Second category have been paid or were payable during the continuous period of six months immediately preceding the month in which the relevant employment injury occurred, divided by the number of months for which such contributions were so paid or payable:

Provided further that in the event such person has been in employment for less than 24 days in any month, the contribution paid or payable for that month in respect of him shall not be taken into consideration for the calculation of the assumed monthly wage.

Section 5

Where no contribution of the First or Second category shall be paid or payable during the continuous period of six months immediately preceding the month in which the employment injury occurred or where none of the contributions paid or payable during the continuous period of six months immediately preceding the month in which the employment injury occurred can be taken into consideration for the purpose of the calculation of the assumed monthly wage in accordance with the proviso to paragraph 3, or where the daily rate of benefit calculated under paragraph

Employees’ Social Security 111

1 or paragraph 4A is less than the minimum rate prescribed by the Minister from time to time by regulations, then in any such case the daily rate of benefit admissible for temporary disablement or permanent total disablement shall be deemed to be the minimum rate prescribed by the Minister from time to time by regulations.

Section 6

(Deleted by Act A1232).

Section 7

Daily rate of permanent partial disablement benefit shall be such percentage of the daily rate of permanent total disablement as is specified in the Second Schedule as being the percentage of the loss of earning capacity caused by such permanent partial disablement:

Provided that for permanent partial disablement not specified in the Second

Schedule, the daily rate of benefit shall be such percentage of the rate of permanent total disablement benefit as is proportionate to the loss of earning capacity permanently caused by such permanent partial disablement:

Provided further that where more injuries than one are caused by the same accident, the daily rate of benefit for those injuries shall be aggregated but not so in any case as to exceed the permanent total disablement benefit.

Section 8

Daily rate of dependants’ benefit shall be as follows:

(i)

for the widow or widower, an amount equivalent to three-fifths of the daily rate of permanent total disablement benefit of the deceased insured person if he had sustained such disablement from the employment injury which resulted in his death;

(ii)

for each child, two-fifths of the daily rate of permanent total disablement benefit mentioned in (i):

Provided that if the total of the dependants’ benefit distributed among the widow or widower and child or children exceeds at any time the daily rate of permanent total disablement benefit, the share of each dependant shall be proportionately reduced so that the total amount payable does not exceed the daily rate of permanent total disablement benefit:

Provided further that if there is no widow or widower or if the widow or widower dies, the daily rate of benefit for each child shall be three-fifths of the daily rate of permanent total disablement benefit mentioned in (i), and if there be more than one child, the amount payable shall be equally divided between them.

Section 9

In case the deceased insured person does not leave a widow or widower or child, dependants’ benefit shall be payable to the other dependants’ as follows:

(a)

to a parent or grandparent, for life, at an amount equal to four tenths of the daily rate of permanent total disablement benefit which would have been admissible to the deceased insured person if he had sustained

112

permanent total disablement from the employment injury, and if there are two or more parents or grandparents, the amount payable to the parents or grandparents as aforesaid shall be equally divided between them;

(b)

to any other dependant until marriage or until he attains twenty-one years of age, whichever is the earlier, or if widowed until re-marriage or until he attains twenty-one years of age, whichever is the earlier, at an amount equivalent to three-tenths of the full rate, and if there be more than one dependant under this subparagraph, the amount payable shall be equally divided among them.

Section 10

(Deleted by Act A1232).

FIFTH SCHEDULE

[Section 28]

OCCUPATIONAL DISEASES

Chemicals-Metals and its compounds

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the metal and its toxic fumes, dust or vapour or its compound exceeding Permissible

Exposure Limits 1.

Aluminium

Respiratory irritant, chronic bronchitis, pulmonary fibrosis, dermatitis

Exposure during welding of aluminium metal; use as phosphor binders, manufacture of cans, containers and wrappings, pigments, paints, catalysts, alloys, engine and aircraft components, electric wires and cables, window frames, antiperspirants and in aluminium reduction plants 2.

Antimony

Dermatitis, pneumoconiosis, haemolysis, anuria, nasal septum perforation, myocardial injury, lung cancer (Antimony trioxide)

Exposure during use as a flame retardant for plastics, paint, textiles, paper, rubber and adhesives, alloys in production of battery grids, type casting, cable sheath and manufacture of semiconductor devices 3.

Arsenic

Encephalopathy, peripheral neuritis, polyneuropathy, acquired haemolytic anaemia, glomerular and tubular damage, nasal septum

Exposure during mining, alloy production, copper smelting, production and use of arsenic pesticide, herbicides, insecticides;

Employees’ Social Security 113

Chemicals-Metals and its compounds

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the metal and its toxic fumes, dust or vapour or its compound exceeding Permissible

Exposure Limits perforation, skin hyperkeratosis, lung fibrosis, dystrophy of corneral surface, hepatic angiosarcoma cancer of skin and lung use in the microelectronic industry; and used as pigment and refining agents in glass manufacture, preservative in tanning wood and cable sheaths 4.

Barium

Benign pneumoconiosis (baritosis), local irritation

Exposure during the manufacture of aluminium alloys, ceramic (as flux), welding rod fluxes, flares and fireworks, lubricating oil detergent, rubber, paint, paper, linoleum and plastics (as filler)

hair removers, pesticide; during barite ore refining 5.

Beryllium

Chronic beryllium disease, tracheobronchitis, pneumonitis dermatitis

(ulceration or granuloma), berylliosis, lung cancer

Exposure during production of hard, corrosion-resistant alloys in aerospace industry, nuclear reactors; ceramic and refractory products, electrical contacts, switches, welding electrodes, cathode ray tubes, metallic alloys and lithography for the electronics industry 6.

Boron

Respiratory and skin irritation,

Central nervous system depression, mental behavior disorders, renal damage

Exposure during degassing and deoxidising of metals;

steel hardening process; metallurgic processes (as fluxes and shielding slag); use in atomic reactors as neutron absorber; glass fibers production and in bleaching products 7.

Cadmium

Osteomalacia, pneumonitis, emphysema, tubular and glomerular damage with renal failure, anosmia, lung cancer

Exposure during electroplating;

manufacture of nickel-cadmium batteries, high speed bearings, soldering, welding and silver brazing (as fillers); use in plastics industry

(stabiliser);

use as pigments (in rubber, ink, plastics, paint, textiles) and jewellery manufacture 8.

Chromium

Nasal and skin ulcer, nasal septum perforation, tubular necrosis, allergic and irritant dermatitis, asthma

Exposure during electroplating, dye or pigment manufacture and welding 9.

Cobalt

Allergic contact dermatitis, hard metal lung disease, cardiomyopathy

Exposure during manufacture of high temperature alloys for jet engines

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Chemicals-Metals and its compounds

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the metal and its toxic fumes, dust or vapour or its compound exceeding Permissible

Exposure Limits 10.

Copper

Haemolysis, pulmonary fibrosis, metal fume fever

Exposure during electroplating, manufacture of rayon, pigments and copper based fungicide 11.

Lead

(a)

Inorganic

Anaemia,polyneuropathy, toxic encephalopathy, neurobehavioural disturbances, haemolysis and acute renal failure

Exposure during lead and zinc mining or extraction, use in plumbing, ammunition, ceramics, crystal, lead storage batteries manufacture; welding or cutting spray printing and pottery

(b)

Organic

Alkyl lead compounds

Hallucinations, agitation, mental confusion, coma

Exposure during fuel production, transportations of antiknock agents, blending antiknock fluid and raw gasoline at refineries of antiknock agents; cleaning of tanks containing leaded gasoline or aviation fuel 12.

Manganese

Chemical pneumonitis, secondary parkinsonism, encephalopathy, renal injury, metal fume fever

Exposure during mining and processing, grinding, smelting, metallurgy, welding and pottery glazing;

manufacture of dry batteries and fungicides; use as oxidizing agent in the chemical industry and in production of steel and alloys 13.

Mercury

(a)

Organic methyl mercury

Central nervous system toxicity characterised by combined cerebellar and cortical degeneration

Exposure during use in the manufacture of antiseptics, germicides, diuretics, contraceptives, pesticides

(algicides, fungicides), paints and waxes and in the chemical industry (catalyst and alkylating agents)

(b)

Inorganic mercury

Central nervous system toxicity characterised by tremor and neuropsychiatric disease

Exposure during electrolytic production of sodium hydroxide and chlorine, battery production, fungicide manufacture, metallurgy and manufacture of mercury containing equipment 14.

Nickel

Allergic contact dermatitis, asthma, interstitial pneumonitis, nasal and lung cancer (Nickel bisulphide)

Exposure during concentrating, smelting or refining in the nickel producing industry, stainless steel production, manufacture of batteries, metallurgy, alloys, electroplating; use as catalysts and

Employees’ Social Security 115

Chemicals-Metals and its compounds

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the metal and its toxic fumes, dust or vapour or its compound exceeding Permissible

Exposure Limits pigments; sulphide nickel ore miners and high nickel alloy manufacture workers 15.

Nickel carbonyl

Interstitial pneumonitis, pulmonary and cerebral oedema, cerebral haemorrage

Exposure to nickel carbonyl gas during refining of nickel 16.

Phosphorus

Necrosis of jaw, dermal burns, respiratory irritation, hepatic and renal toxicity

Exposure during use as fertilizer;

use in beverage and dentifrices production

(phosphoric acid salts);

pesticides/

rodenticide, flame retardants, gasoline and lube oils production (inorganic phosphorus compounds);

explosives, ammunitions and match production

(red phosphorus)

Section 17

Platinum

Asthma, allergic contact dermatitis, allergic rhinitis

Exposure during use in electroplating, platinum refinery operations and manufacture of fluorescent screen 18.

Selenium

Pulmonary oedema, skin irritant allergic dermatitis and skin burns

Exposure to elemental selenium in electronics, glass, ceramic, plastic and rubber industries 19.

Thallium

Sensori-motor polyneuropathy

Exposure during use as rodenticide, manufacture of electronic components and optical lens 20.

Tin

(a)

Inorganic

Respiratory irritation, benign pneu-moconiosis

(stannosis)

seizures, skin irritation and fits

Exposure during use in electroplating, canning, soldering, tin alloy processes

(b)

Organic organotin

(trimethyl, triethyltin)

Irritation of eyes, mild to severe skin and mucous membrane irritation, cerebral oedema, hepatic necrosis and fits

Exposure during use as stabilizer in plastics and oil, as catalysts in curing rubber; as preservatives in textile and leather and as biocides in marine plants 21.

Uranium

Kidney disease, lung cancer, radiation sickness

Exposure during mining and use of uranium 22.

Vanadium

Respiratory irritation, asthma, allergic dermatitis

Exposure during use in production of ferrovanadium, vanadium alloys, use as catalyst and coating 23.

Zinc

Pulmonary irritation and oedema

Exposure during use in galvanizing steel and other metals,

116

Chemicals-Metals and its compounds

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the metal and its toxic fumes, dust or vapour or its compound exceeding Permissible

Exposure Limits die cast for use in automotive parts and electrical equipment

Acid and Alkali

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the acid and alkali and its toxic vapour or its compound exceeding Permissible Exposure

Limits 1.

Acetic acid

Respiratory irritation, bronchitis, pharyngitis

Exposure during use in photographic development;

manufacture of glycine, drugs, dyes and herbicides 2.

Acrylic acid

Irritation of the eyes, skin and respiratory system; eye and skin burns; skin sensitization

Exposure during use in resin, plasticiser and drug production 3.

Chromic acid

(chromates or dichromates)

Nasal and skin ulceration, perforation of the nasal septum

Exposure during use in chromium plating, process engraving, cement manufacture, anodizing, metal cleaning, tanning, manufacture of ceramic glazes and paints 4.

Formic acid

Irritation of the eyes, skin, throat;

skin burns, dermatitis

Exposure during use in textile industry, leather industry, nickel plating and as a coagulant for rubber latex 5.

Fumaric acid

Mild skin and mucous membrane irritation

Exposure during use in manufacture of synthetic resins, dyes, surface coatings, inks and plasticisers 6.

Glycolic acid

Skin and eye burns

Exposure during use in leather, textile, adhesive and plastic industries 7.

Hydrochloric acid

Irritation eyes and skin

Exposure during use in steel pickling, chemical manufacturing and thermal degradation of polyvinyl chloride 8.

Hydrofluoric acid

Osteosclerosis, skin burns

Exposure during use as an intermediate in the production of fluorocarbons;

use in metal

Employees’ Social Security 117

Acid and Alkali

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the acid and alkali and its toxic vapour or its compound exceeding Permissible Exposure

Limits cleaning, glass etching and polishing applications 9.

Nitric acid-Nitrous fumes

Bronchiolitis fibrosa obliteranso

Exposure during production of ammonium potassium nitrate, explosives, adipic acid, isocyanides and fertilizers 10.

Phosphoric acid

Irritant dermatitis, respiratory irritation, pulmonary oedema

Exposure during production of fertilizers, detergents and cleansers 11.

Sulphuric acid

Laryngeal and lung cancer

Exposure during manufacture of fertilizers, nitrobenzene;

electroplating and petroleum refining

Gases

Occupations involving the use or handling of

(manufacturing, transport, storage, disposal), and exposure to gases exceeding

Permissible Exposure Limits 1.

Ammonia

Reactive airway dysfunction syndrome, bronchiolitis obliterans, chronic respiratory insufficiency

Exposure during use in refrigeration work, plastic manufacture, petroleum refining and jewellery electroplating 2.

Carbon dioxide

Simple asphyxiant, coma, anoxic brain injury, cardiac arrest

Exposure during blasting, use in manufacture of mineral water, fermentation in breweries and the formation of lime in lime kilns 3.

Carbon monoxide

Asphyxiant, anoxic brain injury, cardiac ischemia

Exposure during use of non-electric fork lift used indoors, dynamite, gunpowder for blasting in subterranean galleries, use in illuminating gas, fire fighting, garage works, power of producer gas, blast furnaces, stoves for the burning of charcoal coke and other fuel, gas engines 4.

Diethylene dioxide

(dioxane)

Acute renal failure, liver necrosis

Exposure during use in paint diluents, cleaning agents and in the semiconductor industry

118

Gases

Occupations involving the use or handling of

(manufacturing, transport, storage, disposal), and exposure to gases exceeding

Permissible Exposure Limits 5.

Ethylene oxide

Respiratory tract irritation, cancer, polyneuropathy, cataract

Exposure during use in manufacture of ethylene glycol, glycol ethers and medical products; use as a pesticide fumigant, sterilant in hospitals 6.

Formaldehyde

Contact dermatitis, bronchitis, asthma, nasopharynx and lung cancer

Exposure during use in mortuary, tissue preservative, laboratory workers 7.

Halogens

Chemical asphyxiants

Exposure during use for water sterilization 8.

Hydrogen cyanide

Anoxic brain injury, skin corrosion, optic atropy

Exposure during use in fogging, metal plating operations, extraction of silver and gold salts from ores 9.

Hydrogen fluoride

Skin burns, fluorosis, reactive air ways dysfunction syndrome, bronchiolitis obliterans, chronic respiratory insufficiency

Exposure during use in plastic industry and microelectronics 10.

Hydrogen sulphide

Respiratory and mucous membrane irritation, anoxic brain injury

Exposure during use in geothermal and fossil fuel energy extraction; use as agricultural disinfectant by farmers, sewage and manure pit workers 11.

Nitric oxides,

Nitrogen dioxide

Simple asphyxiant, aggravates asthma

Exposure during welding; used in paper industry 12.

Ozone

Aggravates asthma

Exposure during welding and photocopying process 13.

Phosgene

Reactive airway dysfunction syndrome, pulmonary oedema, bronchiolitis

Exposure during use in manufacture of isocyanate, pesticide, dyes, and pharmaceuticals; exposure during arc welding

Solvents

Occupations involving the use or handling of

(manufacturing, transport, storage, disposal), and exposure to solvents exceeding

Permissible Exposure Limits 1.

Carbon bisulphide

Encephalopathy, psychosis, central scotoma, neurobehavioral abnormalities, parkinsonism, peripheral neuritis,

Exposure during manufacture of rayon, insecticides, herbicides, lacquer and varnish and in laboratory work

Employees’ Social Security 119

Solvents

Occupations involving the use or handling of

(manufacturing, transport, storage, disposal), and exposure to solvents exceeding

Permissible Exposure Limits respiratory irritation and renal disease 2.

n-hexane

Central nervous system, depression, neurobehavioural dysfunction, polyneuropathy, dermatitis

Exposure during use as solvent in glues, rubber cements, varnishes, inks, and extraction process in laboratories 3.

Acrylamide monomer

Axonal neuropathy with numbness. Central nervous system effects-ataxia, tremor, dysarthria, blistering of skin

Exposure to acrylamide monomer during its manufacture, in the polymer production, in surface coating industries; use in chemical processing, water treatment and mineral separation 4.

Cyclohexane, kerosene

Defatting dermatitis, central nervous system depression)

depression, disequilibrium, dermatitis, neurobehavioural dysfunction

Exposure during use as industrial solvent and in the synthesis of nylon 5.

Aromatic hydrocarbons

(a)

Benzene and its homologues

Acute non-lymphatic leukaemia, aplastic anaemia, agranulocytosis, methaemoglobinaemia

Exposure during paint removal and degreasing; use as a solvent in petroleum industry; coke ovens; in the production of dry cleaning agents

(b)

Its toxic amino-or chloro-or nitro derivatives

Dermatitis, toxic encephalopathy, neurobehavioral dysfunction, peripheral neuropathy

Exposure during use in manufacture of explosives and dye industries

(c)

Styrene

Dermatitis, toxic encephalopathy, neurobehavioral dysfunction, peripheral neuropathy

Use in the manufacture of synthetic rubber, as monomer or copolymer for polystyrene acryonitrile-butadiene-sytrene

(ABS) resins

(d)

Toluene

Dermatitis, toxic encephalopathy, neurobehavioral dysfunction, peripheral neuropathy

Use as solvent in chemical industry and laboratories

(e)

Xylene

Dermatitis, toxic encephalopathy, neurobehavioral dysfunction, peripheral neuropathy

Use as substrate for organic synthesis 6.

Methyl alcohol

Optic neuropathy (Methyl alcohol) and central nervous system depression

Exposure during use as industrial intermediate, solvent, ingredient of antifreeze and fuel 7.

Carbon tetrachloride

Liver and kidney toxic

Exposure during production of chloroflurocarbon, chlorinated

120

Solvents

Occupations involving the use or handling of

(manufacturing, transport, storage, disposal), and exposure to solvents exceeding

Permissible Exposure Limits rubber, pharmaceuticals, pesticides and antiknock agents 8.

2 methoxyethanol

Encephalopathy, anaemia, defatting dermatitis

Exposure during use as solvent;

manufacture of anti-freezing and polyesters 9.

Ketones

(a)

Methyl n-butyl

Ketone (MnBK)

Encephalopathy, sensori-motor polyneuropathy, mental and behaviour disorders, optic neuropathy

Exposure during use as industrial solvent and varnish remover

(b)

Methyl iso-butyl

Ketone (MiBK)

Peripheral neuropathy

Exposure during use as a solvent in paint and as extraction solvent in pharmaceutical industry

(c)

Methyl ethyl

Ketone (MEK)

Peripheral neuropathy in conjuction with n-hexane or

Methyl n-butyl ketone

Exposure during use as solvent; in vegetable-oil extraction and separation in petrochemical industry 10.

Methylene Chloride

Liver toxin, increases carboxyhaemoglobin

Exposure during use in manufacture of toys and plastic products 11.

Methyl chloride

(chloromethane)

Toxic to brain, liver, kidneys and lungs, fits, ataxia and diplopia

Exposure during production of methyl silicon polymers and resins, use as a methylating agent in the productions of butyl rubber 12.

Tetrachlorethane

Powerful narcotic, central nervous system and liver toxicity, skin irritant

Exposure during use in aircraft manufacturing: use as a solvent;

preparation of aero plane fabric;

manufacture of artificial pearl and leather 13.

Trichloromethane

(chloroform)

Liver toxin, anesthetic

Exposure during use in laboratory work and industrial solvent 14.

Trichloroethylene

Narcotic effect, euphoria, dizziness, confusion, drowsiness, loss of consciousness, chemical pneumonitis, kidney and liverdamage, dermatitis

Exposure during use in degreasing, lens cleaning; as solvent for extraction and chemical intermediate 15.

1, 1, 2

Trichloroethane

Depression of central nervous system, toxic encephalopathy

Exposure during use as chemical intermediate and solvent 16.

Aldehyde based solvents

(a)

Formaldehyde

Eye irritation, contact dermatitis, bronchitis,

Exposure during use in production of formaldehyde and its polyacetal

Employees’ Social Security 121

Solvents

Occupations involving the use or handling of

(manufacturing, transport, storage, disposal), and exposure to solvents exceeding

Permissible Exposure Limits asthma, nasopharyngeal cancer and lung cancer and phenolic resin, plastics, plywood glue; manufacture of urea; as intermediate in chemical synthesis, moulding compounds, foundry resins; preservation and disinfection;

adhesives for insulation; slow release fertilizers and formaldehyde based textile finishes

(b)

Glutaraldehyde

Skin eye and lung irritant, occupational asthma, allergic dermatitis

Exposure during use as biological fixative in laboratories, tanning and chemical synthesis 17.

Bis (Chloromethyl)

ether (BCME)

Respiratory irritation, lung cancer (mainly oat cell type)

Exposure during use in preparation of ion exchange resins

Pesticides

Occupations involving the use or handling of

(manufacturing, transport, storage, disposal), and exposure to pesticides, vapour, dust or its compound exceeding the

Permissible Exposure Limits 1.

Dipyridyls (Diquat,

Paraquat)

Acute respiratory distress syndrome, pulmonary fibrosis, corneal injury, central nervous system disturbance, renal and hepatotoxicity

Exposure during use as herbicides by farmers, pesticide manufactures, pesticide sprayers and agricultural researchers 2.

Carbamates

(dimethyldithio carbamate)

Irritant dermatitis, delayed polyneuropathy, bronchospasm, pancreatitis

Exposure during use as insecticides by farmers, pesticide manufactures, pesticide sprayers and agricultural researchers 3.

Chlorophenoxy compounds (2-4

Dichloro phenoxy acetic acid)

Hypotension, respiratory failure, muscle weakness and spasm, rhabdomyolysis

Exposure during use as herbicide by farmers, pesticide manufactures, pesticide sprayers and agricultural researchers 4.

Fungicides

Dithiocarbamates and thiocarbamates

(ethylene-bis-dithiocarbamate,

Dimethyldithiocarba mate)

Irritant and allergic dermatitis, thyroid adenocarcinoma

Exposure during use as fungicide by farmers, pesticide manufactures, pesticide sprayers and agricultural researchers

122

Pesticides

Occupations involving the use or handling of

(manufacturing, transport, storage, disposal), and exposure to pesticides, vapour, dust or its compound exceeding the

Permissible Exposure Limits 5.

Glyphosate

Hypotension, dysarrhythmia, pulmonary oedema, aspiration pneumonitis, mucous membrane irritation, contact dermatitis, liver toxicity

Exposure during use as herbicide by farmers, pesticide manufactures, pesticide sprayers and agricultural researchers 6.

Organochlorine

(Aldrin, chlordane, endosulfan, endrin, lindane)

Central nervous system excitation, fits, aplastic anaemia

Exposure during use as insecticide by farmers, pesticide manufactures, pesticide sprayers and agricultural researchers 7.

Methyl bromide

(Bromomethane)

Encephalopathy, respiratory distress, fits, peripheral neuropathy, liver toxic

Exposure during use as fumigation agent 9.

Nitophenol

Kidney and liver damage, methemoglobinemia, Central nervous stimulant

Exposure during use as herbicide, insecticide, fungicide by farmers, pesticide manufactures, pesticide sprayers and agricultural researchers 10.

Organophosphate phosphorus or it’s inorganic compound

Irritant dermatitis, persistent central nervous system toxicity, delayed polyneuropathy, bronchospasm, pancreatitis

Exposure during use as insecticide by farmers, pesticide manufactures, sprayers and agricultural researchers 11.

Synthetic pyrethroids

(Permethrin, deltamethrin)

Asthma, allergic and irritant contact dermatitis, allergic rhinitis, thrombocytopaenia

Exposure during use as insecticide by farmers, pesticide manufactures, sprayers and agricultural researchers 12.

Pentachlorophenol

Skin and respiratory tract irritation, systemic collapse, chloracne, bronchitis, bone marrow aplasia, visual loss

Exposure during use as insecticide and wood preservative 13.

Rodenticides

(a)

Warfarin

Bleeding from mucous membrane and gastrointestinal tract

Exposure during use as rodenticides by farmers, manufacturers and agricultural researchers

(b)

Zinc phosphide

Severe pulmonary irritation, fits, renal and liver toxicity

Exposure during use as fumigant gas, rodenticide baits

Employees’ Social Security 123

Physical agents

Occupations involving the exposure to these physical agents and exceeding the Permissible

Exposure Limits 1.

Noise

Acoustic trauma

Exposure to occupational noise of very high sound 140 dB pressure level for a short time

Noise Induced hearing loss

Exposure to occupational noise of high sound pressure level in excess of 85 decibels over 8-hour period for many years 2.

Vibration

Hand

Arm

Vibration

Syndrome (HAVS)

Exposure to prolonged excessive local vibration to hand of range 125-300 Hz.

Whole body vibration

Exposure to repeated motions, vibrations from pneumatic tools, power drills, riveting machines or hammers-lumberjacks, chain sawyers, chippers, rock drillers, stone cutters, jackhammer operators and riveters 3.

Pressure

Dysbarism, decompression sickness, barotraumas, osteonecrosis, cerebral arterial gas embolism, bends

Exposure to compressed air, underwater or rarefied air, other respirable gases or gaseous mixtures such as in under water or tunnel workers 4.

Radiation

(a)

Ionising radiation

(i)

Acute exposure to large doses of

X-rays, gamma rays, alpha rays and beta rays

Acute radiation syndrome, transient erythema, desquamation, radionecrotic lesions,

Cataract, chronic radiodermatitis, polyneuropathy, cutaneous spinocellular epithelioma, lymphoid myeloid leukaemia, osteosarcoma, aplastic anaemia, cancer of lung, thyroid, testis, female breast and skin

Acute exposure to X-rays, nuclear reactors, ionising particle, radium, other radio-active substance or radiant energy

Chronic exposure to

X-rays, nuclear reactors, ionising particle, radium, other radio-active substance or radiant energy

(ii)

Chronic exposure to

X-rays, gamma rays, alpha rays and beta rays with a long latent period

124

Physical agents

Occupations involving the exposure to these physical agents and exceeding the Permissible

Exposure Limits

(b)

Non-ionising radiation

(i)

Ultraviolet radiation

Acute effect:

radiation cataract keratoconjunctivitis, photoretinitis, skin erythema

Chronic effect:

Actinic cataract, skin cancer

Frequent or prolonged exposure to ultraviolet, the glare or rays from molten glass, molten or red-hot metal, white-hot material during electro-welding or acetylene welding

(ii)

Infrared radiation

Acute effect:

Blepharitis, keratitis, heat-related retinal disorder-scotoma pigmentary lesions of fundus

Chronic effect:

Glass

Workers’ Cataract

Acute or prolonged exposure to infra-red radiation among blacksmiths, glass blowers, furnace men, baker, foundry workers, industrial lasers 5.

Heat

Heat cramps, heat exhaustion, heat syncope, heat stroke and cataract

Exposure to extreme heat, strenuous exercise and impaired heat dissipation, high humidity during outdoor work, high temperature processes, welders, ceramic workers and bakery workers 6.

Extreme low temperatures

Chilblain, frostbite, immersion foot, systemic hypothermia

Exposure to extreme cold where the core body temperature falls below 360 Celsius in cold room or frozen food industry 7.

Lack of oxygen

Hypoxia, asphyxiation

Exposure to working environment with insufficient oxygen, confined spaces, manholes, maintenance silos and in high altitudes researchers, mountain climbers 8.

Poor lighting

Miner’s nystagmus and other irregular eye movements

Exposure to poor lighting in mines

Biological agent

Occupations involving exposure to biological agent and where there is an infection

A.

Viral

Section 1

Bacillus anthracis from animals products

Anthrax infection cutaneous vesicular lesion, pulmonaryhemorrhage, pneumonia

Exposure to animals infected with

Bacillus anthracis and its spores, bristle, hides, hoofs, wool, horn or skins or other animal products or handling of carcasses and residues among farming, animal, abattoir, veterinary, laboratory work, doctors, nurses, ambulance crews and pathology technicians 2.

Borrelia burgdorferi from bite of infected tick

Lyme disease

Exposure to bite from a tick infected with Borrelia burgdorferi among work involving out door work involving farming and forestry 3.

Brucella abortus,

B.suis, B. mellitensis from livestock

Brucellosis

Exposure to animals infected with

Brucella or their products among farming, forestry and animal husbandry work, carcasses or parts thereof or their untreated products, abattoir, veterinary, laboratory work;

handling laboratory specimens or vaccines containing

Brucella 4.

Clostridium tetani from soil, sewage or animals through an unclean deep wound

Tetanus Fits

Exposure to contaminated soil during farming, military work and sewage work 5.

Erysipelothrix husiopathiae from infected animals

Erysipeloid

Cutaneous

Erysipeloid

Sepsis with endocarditis

Exposure to the agent through farming and animal husbandry work, veterinary work, abattoir work, meat processing work other work, involving contact with pig, cattle, poultry or fish including the handling of its carcasses 6.

Francisella tularensis from a variety of animals, particularly hares, rabbits, squirrels, rats, mice and other rodents

Tularemia

Exposure to Francisella tularensis during farming, animal husbandry work, forestry, laboratory work involving handling of infected rabbits, hares, ground squirrels, mice or other small furry rodents 7.

Leptospira ictohaemorrhagica/

interrogans from animals (especially rat)

Leptospirosis/Weil disease

(swamp fever, swine disease)

Liver and kidney failure, pneumonia

Exposure to the agent through farming and animal husbandry work, veterinary work, abattoir work, dairy work, meat processing work, work with contact with contaminated soil, fresh water

Employees’ Social Security 127

Biological agent

Occupations involving exposure to biological agent and where there is an infection animal urine or contaminated soil fisherman and fish handler, sewage work and garbage collector involving exposure to infected rats 8.

Mycobacterium bovis from infected animals

Bovine tuberculosis

Exposure to Mycobacterium bovis transmitted through contact with infected animals or their products, abattoir work and animal husbandry 9.

Mycobacterium tuberculosis,

Mycobacterium leprae from infected human

Tuberculosis/Leprosy

Exposure through close contact with a source or sources of the agent by reason of employment

(a)

in the medical treatment or nursing of a person or persons suffering from tuberculosis/leprosy or in a service ancillary to such treatment or nursing;

(b)

in attendance upon a person or persons suffering from tuberculosis or leprosy where the need for such attendance arises by reason of physical or mental infirmity;

(c)

as a research worker engaged in research in connection with tuberculosis/leprosy; or

(d)

as a laboratory worker, pathologists or post-mortem worker, where occupation involves working with material which is a source of tuberculosis infection or in any occupation ancillary to such employment 10.

Mycobacterium marinum

Fish tank granuloma

Exposure to the agent among fish tank cleanser 11.

Pseudomonas mallei

Glanders pneumonia, septicaemia, local abscesses

Exposure through contact rabid dogs, or equine animals or carcasses among farm and slaughterhouse workers 12.

Pseudomonas pseudomallei

Melioidosis

Exposure to rodents infected with

Pseudomonas pseudomallei

C.

Rickettsiae and

Chlamydiae

Section 1

Chlamydia psittaci from birds

Avian chlamydiosis psittacosis

(ornithosis)

Exposure to birds, poultry or their excreta infected with Chlamydia psittaci or the remains or untreated

128

Biological agent

Occupations involving exposure to biological agent and where there is an infection encephalitis, myocarditis, thrombophlebitis products of such birds such as duck farm workers, feather processing workers, abattoir workers, poultry meat inspectors and pet shop workers

Ovine chlamydiosis

Exposure through contact with sheep infected with Chlamydia psittaci or the remains or untreated products of such sheep among sheep farm workers, veterinary surgeons 2.

Chlamydia pneumoniae from humans

Chlamydial pneumonia

Exposure to humans infected with

Chlamydia pneumoniae among healthcare workers 3.

Coxiella burnetii from domestic animals

(cattle, sheep, goats) or more raelythrough tick bites

Q fever pneumonitis, myocarditis,

Exposure through contact with infected animals, sheep, their remains or their untreated products among cattle farm workers involved the rearing of sheep, abattoir work, veterinary work, laboratory work 4.

Rickettsia rickettsii and other Rickettsia species

Spotted fever

(tickborne typhus fever/

tickborne rickettsioses)

Exposure to Rickettsia rickettsii and other

Rickettsia species among laboratory work and outdoor work 5.

Rickettsia prowazeki

Typhus Eschar

Exposure to any

Rickettsia prowazekii among army personnel and farmers 6.

Yersinia pestis

Plague

Septicaemia, endotoxic shock, disseminated intravascular coagulapathy–

(DIVC)

Exposure to the agent through infected rats in animal husbandry, farming

D.

Protozoa

DISEASES BY TARGET ORGANS

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits

A.

Lung disease

Section 1

Asthma

(a)

Isocyanates-toluene diisocyanate

(b)

Platinum salts

(c)

Fumes or dusts arising from the manufacture, transport or use of hardening agents

(epoxyresin curing agent based on phthalic anhydride, tetrachlorophthalic anhydride, trimelitic anhydride, or triethylenetetramine

(d)

Fumes arising from the use of rosin as a soldering flux

(e)

Proteolytic enzymes

(f)

Mineral dusts such as cement, copper

(g)

Flour and grain dusts

(h)

Animal including insects and other arthropods epithelia and excretions animal dusts such as bone or hair

(i)

Wood dust

(j)

Plant dusts of plant origin such as cotton, wood, flax, jute, padi husks, cork, spices, hemp, sisal, tobacco, tea, barley oats, rye

(k)

Reactive dyes

Work with exposure to asthmagens in chemical work, spray painting, polyurethane foam manufacture, use of polyurethane based adhesives, baking and farming, laboratory work, farming, woodwork, carpenters, textile dyers, hair dressers, health care work and glove producers

130

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits

(l)

Persulphate salt

(m)

Products made with natural latex

(natural rubber)

(n)

Glutaraldehyde 2.

Allergic rhinitis

(a)

Isocyanates

(b)

Platinum salts

(c)

Fumes or dusts arisingfrom the manufacture, transport or use of hardening agents

(epoxy resin curing agent based on phthalic anhydride, tetrachlorophthalic anhydride, trimelitic anhydride, or triethylenetrtramine)

(d)

Fumes arising from the use of rosin as a soldering flux

(e)

Proteolytic enzymes

(f)

Mineral dusts such as cement, copper

(g)

Flour and grain dusts

(h)

Animal including insects and other arthropods epithelia and excretions animal dusts such as bone or hair

(i)

Reactive dyes

Persulphates

(j)

Products made with natural latex

(natural rubber)

(k)

Glutaraldehyde

Work with exposure to any of the agents in metal plating industry, food processing, laboratory workers, grain processing, drug manufacture, washing powder manufacture, hair dressing, electronics industry, welders, dye tea and coffee processing 3.

Asbestos related diseases

Asbestosis

(diffuse interstitial pulmonary fibrosis), benign asbestos pleural disease, malignant asbestos related disease mesothelioma, Pleural

Asbestos or any admixture of asbestos

Handling of asbestos or any admixture of asbestos, (asbestos mines and quarries, asbestos products manufacture industry), insulation work, shipyard work, work involving removal of asbestos containing materials or tiles or other or substantial

Employees’ Social Security 131

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits plaques, pleural effusion exposure to the dust arising from any of the foregoing operations the manufacture or repair of asbestos textiles or other articles containing or composed of asbestos; mining, processing, manufacturing, or handling, demolition work, transportation, disposal, exposure to materials containing asbestos 4.

Acute pulmonary injury

(laryngeal oedema, airflow obstruction), acute respiratory distress syndrome (ARDS)

Chlorine, ammonia, sulphur dioxide, and acid aerosols

Handling and physical exposure to materials which can cause ARDS

Section 5

Chronic bronchitis

Coal, oil mist, synthetic vitreous fibers,

Portland cement, welding fumes, cotton, grain, wood, tobacco smoke, fire smoke, engine exhaust

Exposure to the agents causing chronic bronchitis, exposure to coal dust by reason of working underground in a coal mine for a period or periods amounting in the aggregate to at least 20 years and any such period or periods shall include a period or periods of incapacity while engaged in such an occupation 6.

Emphysema subtilis proteases, cadmium fumes

Inhalation of cadmium fumes for a period of, or periods which amount in aggregate to 20 years or more among coal miners, textile manufacturing workers 7.

Airway disease due to specific organic dust

(a)

Byssinosis

(weaver’s cough or mill fever)

Cotton dust, hemp, or sisal

Exposure to cotton dust, cotton synthetic dusts or hemp or sisal dust among cotton industry workers

(b)

Flax-dressers disease

Flax

Work with exposure to flax dust 8.

Pneumoconiosis

Any occupation involving—

(a)

Silicosis

(i)

Acute silicosis

Silica rock and other mineral dusts

(a)

the mining, quarrying or processing of silica rock, the use of dried quartzose sand

(quartz, cristobalite, tridimite) or any dry deposit or dry residue of silica

(silicon dioxide SiO2) or anydry admixture containing

132

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits such materials, including hydrated magnesium silicate;

(ii)

Accelerated silicosis

Dried quartzose sand (quartz, cristobalite, tridimite) or any dry deposit or dry residue of silica (silicon dioxide SiO2) or any dry admixture containing such materials, including hydrated magnesium silicate

(b)

the handling of any of the materials specified in subparagraph

(a)

in or incidental to any of the operations mentioned therein or substantial exposure to the dust arising from such operations, grinding, drilling, braking of silica containing rocks, ceramics and glass manufacture;

(iii)

Chronic silicosis

(c)

the breaking, crushing or grinding of flint or the working or handling of broken, crushed or ground flint or materials containing such flint or substantial exposure to the dust arising from such operations;

(d)

sand blasting by means of compressed air with the use of quartzose sand or crushed silica rock or flint or substantial exposure to the dust arising from such sand blasting;

(e)

boiler scaling or substantial exposure to the dust arising there from;

(f)

occupation in a foundry or the performance of, or substantial exposure to the dust arising from, any of the following operations;

(g)

the freeing of steel castings from adherent siliceous substance;

(h)

the freeing of metal castings from adherent siliceous substance;

(i)

the manufacture of china or earthenware

(including sanitary earthenware, electrical earthenware tiles), and any occupation involving

Employees’ Social Security 133

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits substantial exposure to the dust arising there from;

(j)

the dressing of granite or any igneous rock by masons or the crushing of such materials or substantial exposure to the dust arising from such operations; or

(k)

the use, or preparation for use, of a grind-stone or substantial exposure to the dust arising there from

(b)

Silicosis associated with tuberculosis

Any of the above agents in concurrent with infection by

Mycobacterium tuberculosis

Any occupation involving–

(a)

the mining, quarrying or processing of silica rock, the use of dried quartzose sand

(quartz, cristobalite, tridimite) or any dry deposit or dry residue of silica

(silicon dioxide SiO2) or any dry admixture containing such materials, including hydrated magnesium silicate;

(b)

the handling of any of the materials specified in subparagraph

(a)

in or incidental to any of the operations mentioned therein or substantial exposure to the dust arising from such operations, grinding, drilling, braking of silica containing rocks, ceramics and glass manufacture;

(c)

the breaking, crushing or grinding of flint or the working or handling of broken, crushed or ground flint or materials containing such flint or substantial exposure to the dust arising from such operations;

(d)

sand blasting by means of compressed air with the use of quartzose sand or crushed silica rock or flint or

134

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits substantial exposure to the dust arising from such sand blasting;

(e)

boiler scaling or substantial exposure to the dust arising there from;

(f)

occupation in a foundry or the performance of, or substantial exposure to the dust arising from, any of the following operations;

(g)

the freeing of steel castings from adherent siliceous substance;

(h)

the freeing of metal castings from adherent siliceous substance;

(i)

the manufacture of china or earthen-ware

(including sanitary earthenware, electrical earthenware tiles), and any occupation involving substantial exposure to the dust arising there from;

(j)

the dressing of granite or any igneous rock by masons or the crushing of such materials or substantial exposure to the dust arising from such operations; or

(k)

the use, or preparation for use, of a grindstone or substantial exposure to the dust arising there from.

Section 9

Coal miners’

pneumoconiosis and other coal related lung disease

Coal

Coal or any mine (underground or above ground) in which one of the objects of the mining operations is the getting of any mineral, or the working or handling of any minerals extracted there from 10.

Graphite fibrosis (of lung) (graphite pneumoconiosis)

Graphite

(natural and artificial)

Exposure during production of natural or artificial graphite articles and dust arising from grinding 11.

Stannosis

Tin

Exposure to tin dust or fumes during tin mining and metallurgy

Employees’ Social Security 135

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits 12.

Siderosis

Iron dusts

Exposure to inhalation of dusts containing iron and hematite 13.

Baritosis

Barium dust

Exposure during well drilling, alloys with aluminum, and use of barium carbonate in water treatment and as flux in ceramics 14.

Talcosis

Talc

Exposure during talc manufacture 15.

Pneumoconiosis due to padi husk

Padi husk or dust or a substance containing padi

Exposure to padi husk, dust or a substance containing padi 16.

Hypersensitivity pneumonitis (Extrinsic allergic alveolitis) due to organic dusts

Exposure to moulds or fungal spores or heterologous proteins by reason of employment in:

(a)

Thermophilic bacteria and bacterial product

(a)

agriculture, horticulture, forestry, cultivation of edible fungi or malt working; or

(b)

loading or unloading or handling storage mouldy vegetable matter or edible fungi

(i)

Farmers lung

Micropolyspora faeni Faenia rectivirgula

Farmers exposed the agents

(ii)

Mushroomwork er’s lung

Thermoactinomyces vulgaris

Micropolyspora faeni

Workers exposed during mushroom production

(iii)

Bagassosis

Thermoactinomyces sachari

Thermoactinomyces vulgaris

Exposure to the agent in sugarcane plantations

(iv)

Sisal worker’s disease

Rope dust

Exposure to the agent among bag and rope makers

(v)

Coffee worker’s lung

Coffee bean dust

Exposure to the agent among coffee workers

(b)

Non thermophilic

Bacteria

(i)

Fertiliser workers lung

Thermoactinomyces vulgaris

Thermoactinomyces candidus

Farmers exposed the agents when handling fertiliser

(ii)

Millers’ lung

Sitophilus granaries (wheat weevil)

Exposure to agent through dust contaminated grain

(iii)

Detergent workers lung

Detergent dust

Exposure to the detergent beads and dust

Fungi

136

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits 1.

Wood worker’s lung, wood pulp worker’s lung

Moldy bark dust

Exposure to the agent among lumber barkers and loggers 2.

Wheat weevils disease

Infected wheat flour

Exposure to the agent among flour workers 3.

Papermill worker’s lung

Moldy wood chips

Exposure to the agent among paper mill workers

C.

Animal Proteins

Section 1

Hypersensitivity pneumonitis

Toluene diisocyanate (TDI), hexamethylene diisocyanate, diphenylmethane diisocyanate (MDI)

Exposure to agent during use as industrial solvent, among foundry workers and polyurethane foam workers

Trimellitic anhydride

Exposure to the agent among epoxy resins and paint manufacturer 2.

Hard metal lung disease

Cobalt in solvents

Tungsten carbide workers with exposure to cobalt 3.

Chronic beryllium disease

Beryllium particulate

Exposure to beryllium during extraction; use in metallurgy, aerospace industry and nuclear industry 4.

Organic dust toxic syndrome

Moldy hay and grain, compost, Moldy sugar cane, coffee bean dust, moldy bark dust, infected wheat flour, cheese mold, moldy lichen, parakeets, pigeons, chicken ducks, fox, rats and other organic dust

Exposure to the agents during agricultural activities 5.

Legionellosis

Legionella pneumophila

Exposure to

Legionella pneumophila due to contaminated

Employees’ Social Security 137

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits ventilation system in the working environment 6.

Occupationally caused lung cancer

Arsenic, antimony, asbestos, nickel oxides, nickel subsulphide,

Bis

(chloromethyl)

ether, chromium compound

(hexavalent), calcium chromate, zinc chromate, strontium chromate in their pure forms, mustard gas, mineral oil, polycyclic aromatic hydrocarbon, radon, wood dust

Workers with direct exposure to specific agents

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits 1.

Allergic contact dermatitis

Section 2

Irritant contact dermatitis

(a)

Alcohols, glycols, water

(b)

Animals feeds, fertilizers, plants, pesticides

(c)

Amine catalyst, styrene, benzoyl peroxide

(d)

Aliphatic–petroleum distillates

(kerosene, gasoline), naptha, oils, hand cleaners

(e)

Aromatic–benzene, toluene, xylene

(f)

Cutting fluids, abrasives, oils, hand cleansers

(g)

Chemicals, acids and alkalis (cements)

Workers with direct exposure to the agents

Employees’ Social Security 139

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits

(h)

Eploxy, phenolic, acryli monomers

(i)

Halogenated-trichloroethylene, chloroform, and methylene chloride

(j)

Metal–arsenic, chrome

(k)

Other agents-turpentine, ketones, esters, wood dust, lacquer, polishes

(l)

Plastics–soap and detergents, shampoos, permanent wave solutions, resins, disinfectants, antiseptics, medicaments, surfactants

(m)

Solvents-photo-toxins:

coal tar, furocoumarins, dyes, drugs

(n)

Photo-allergens–plants, stillbenes, ammino benzoi acid derivatives and halogenated salicylanilides

(o)

Wood preservatives, fiberglass, solvents, oil, pitch, tar, paints vegetables and fruits juices

(enzymes), polishing agents 3.

Acne and chloracne

(a)

Oils and grease and hot humid conditions in the workplace

(b)

Chloracne-polyhalogenated, napthalenes, biphenols, dibenzofurans and some herbicides contaminants

Workers with direct exposure to oils, grease and hot humid conditions in the workplace

Workers with direct exposure to the agents 4.

Chrome ulceration, ulceration of the mucous membrane or the epidermis

Chromic acid, chromate or dichromate of ammonium, potassium, zinc or sodium, or any preparation or solution containing any of these substances

Workers with direct exposure to the agents

140

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits 5.

Contact urticaria

(a)

Allergens-latex, corn starch, animal fur and dander, antibiotic, acrylates, epoxy resins, formaldehyde, foodstuffs e.g. eggs, carrots, fish, meat and milk

(b)

Non-immunological agents-ethyl/butyl/

isopropyl/acetyl, alcohol, sorbic acid, benzoic acid, sulphur dioxide

(c)

Ammonia, (may be either allergic or non-allergic cinnamic acid)

potato, apple, lettuce, ammonium persulphate, xylene

Workers with direct exposure to the agents 6.

Dermatitis

Rengas wood and its sap

Exposure to the agent during manipulation of rengas wood or any process in or incidental to the manufacture of articles here from 7.

Flash kerato-conjunctivitis or retinitis

Electro-welding or acetylene welding UV light

Exposure during electro-welding or acetylene welding 8.

Localised new growth of skin, papilloma,or keratotic lesions

Beryllium, shale oils, tar, pitch, bitumen, mineral oil, and soot

Workers with direct exposure to the agents 9.

Mite dermatitis

Owls and pigeons and other bids with mites

Exposure to the agent during handling of owls and pigeons infested with mites 10.

Occupational skin ulceration

Corrosives irritant chemicals

Exposure to the agent during handling of corrosives irritant chemicals 11.

Occupational/

toxic vitiligo (leucoderma)

(a)

Phenols-paratertiary butylphenol

(4-tert-butylphenol), paratertiary-butylcatechol

(4-tert-butylcatechol), para-amylphenol

(p-pentyl phenol)

Workers with direct exposure to the agents

(b)

Cathechols-catechols

(pyrocatechol), p-methyl catechol, 4-isopropyl catechol, 4-tert-butyl catechol

Employees’ Social Security 141

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits

(c)

Hydroquinone, monobenzyl ether of hydroquinone (4-

benzyloxyphenol) or mono-butyl ether of hydroquinone (4-

butoxyphenol)

Section 12

Occupational skin cancer

Arsenic or arsenic compounds, tar, pitch, polyaromatic hydrocarbon, bitumen, mineral oil

(including paraffin), soot, organic dust ultraviolet radiation

Workers with direct exposure to the agents

(a)

Adhesives, antiseptics, antibiotics-Animal feeds with antibiotics

(b)

Biocide-(formaldehyde,

Thimerosal)

(c)

Cements

(chromate, cobalt)

(d)

Cosmetics – fragrances

(e)

Cutting fluids and oils

(f)

Dyes-hair dyes

(paraphenylene diamine, photographic colour developers, disperse textile dyes), disinfectants

(g)

Food

(vegetables, seafood, salad dressings, meat, fruits, flavouring agent, antioxidants)

(h)

Glues and bonding agents

Workers with direct exposure to these agents

138

Occupations involving the use or handling of

(manufacturing, storage, disposal) and exposure to the agents exceeding Permissible

Exposure Limits

(i)

Metals–nickel

(nickel utensils), chromate, cobalt, mercury

(j)

Plant and tree

(preservatives)–wood and its preservatives

(k)

Urushiol

(Toxicodendron),

Sesquiterpene lactones

(Compositae),

Primin

(Primula obconica),

Tulpalin

A

(Tulipa,

Alstroemeria)

(l)

Plastic-(epoxy monomer, acrylic monomer, phenolic resins, amine catalysts)

(m)

Resins-(epoxy, acrylates, isocyatanes, formaldehyde resins), soldering fluxes (amines and colophony)

(n)

Rubber products

(additives-mercaptobenz-othiazole, thiurams, carbamates, thioureas)-

gloves, boots and mask

(rubber chemicals)

Occupational Musculo-Skeletal Disease

Occupations involving exposure to multiple ergonomic risk factors–

forceful, very highly repetitive, non-neutral work, prolonged duration, vibration, heavy load and exceeding

Permissible

Exposure Limits 1.

Upper limb

(a)

Thoracic Outlet

Syndrome

Work involving pulling the shoulders back and down, working overhead with repeated abduction and adduction of the shoulder and arm resulting in compression of the neurovascular structures passing out of the chest, neck and beneath the clavicle to the axilla

Workers with activities characterised by multiple ergonomic risk factors

(b)

Rotator Cuff

Syndrome

Tasks associated with highly rapid repetitive and vigorous movement, overstraining of the muscle and tendons, with excessive forces around the shoulder

Workers with activities characterised by multiple ergonomic risk factors

(c)

Beat hand

Tasks with rapid, repetitive, excessive manual task causing severe or prolonged external friction or

Workers with activities characterised by multiple ergonomic risk factors

142

Occupational Musculo-Skeletal Disease

Occupations involving exposure to multiple ergonomic risk factors–

forceful, very highly repetitive, non-neutral work, prolonged duration, vibration, heavy load and exceeding

Permissible

Exposure Limits stress/pressure on the bursa of hand causing severe or prolonged friction or pressure on the hand

(d)

Beat elbow

Tasks with rapid, repetitive, excessive manual task causing severe or prolonged external friction or stress/pressure at bursa of the elbow

Workers with forceful, highly repetitive wrist/finger flexion and flexed elbow

(e)

Medial epicondylitis

(Golfer’s elbow)

Highly repetitive forceful movements, involving finger and wrist flexors/pronators

Workers with repeated forceful wrist extension and power grasp

(f)

Lateral epidcondylitis

(Tennis elbow)

Highly repetitive forceful wrist dorsiflexion

Workers with constant or repetitive forceful pinching with thumb while executing, forceful exertions and extreme postures of the wrist, especially a combination of these with injury to body limbs and appendages

(g)

Radial styloid tenosynovitis (De

Quervains tenosynovitis)

Constant or highly repetitive movements, forceful exertions and extreme postures of the wrist, especially a combination of these with injury to body limbs and appendages

Workers with forceful, frequent, repetitive movement with hand-held vibrating tools whose internal parts vibrate so as to transmit that vibration to the hand; work involving extreme postures of the wrist or hand

(h)

Carpal

Tunnel

Syndrome (Median nerve)

Highly repetitive movements, forceful exertions, extreme postures of the wrist and extreme movements of hyperflexion and hyperextension causing prolonged pressure on the anatomical grooves resulting in nerve injuries. Forceful, frequent repetitive movement, with vibrating tools, work involving extreme pressure and postures of the wrist, especially a combination of these risk factors

Employees’ Social Security 143

Occupational Musculo-Skeletal Disease

Occupations involving exposure to multiple ergonomic risk factors–

forceful, very highly repetitive, non-neutral work, prolonged duration, vibration, heavy load and exceeding

Permissible

Exposure Limits 2.

Lower limbs

(a)

Beat knee

(Housemaid’s knee)

Bursitis or subcutaneous cellulitis arising at or above the knee

Workers with rapid, repetitive, excessive manual task causing severe or prolonged friction or stress on the bursa of at or about the knee. Worker who kneel a lot

(b)

Tarsal Tunnel

Syndrome

(Posterior tibial nerve)

Forceful, frequent, prolonged and repetitive movement of the foot

Workers with rapid, repetitive, excessive movement of the foot

Section 1

Post-traumatic stress disorder

Extreme traumatic stress or intense fear, helplessness or horror

Worker exposed to extreme stress caused by an accident or incident arising out of and in the course of employment

OCCUPATIONAL CANCERS

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the agents exceeding

Permissible Exposure Limits 1.

4-Aminobiphenyl

Cancer of the epithelial lining of the urinary tract and bladder

(papilloma), liver neurological disorder

Exposure to agent during the use or handling of or exposure to the fumes, dust or vapour of 4-

aminobiphenyl or substances containing 4-aminobiphenyl; use in chemical synthesis industry and rubber manufacturing 2.

Acrylonitrile

Lung and prostate cancer, lymphoma, ployneuropathy

Exposure to acrylonitrile; use in textile fiber manufacture, acrylonitrile polymerization and rubber, plastics, textile industry 3.

Arsenic (IARC 1)

Malignant neoplasm of skin

(squamous cell carcinoma),

Exposure during mining, copper smelting, glass manufacture,

144

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the agents exceeding

Permissible Exposure Limits larynx, bronchus and lungs, haemangiosarcoma production;

use of arsenic pesticides, herbicides, insecticides, tanning and glass making 4.

Asbestos (IARC 1)

Lung-Diffuse malignant mesothelioma

(pleura, pericardium, peritoneum), pleura, gastrointestinal tract cancer-oesophagus, peritoneum, large intestine

Exposure to asbestos, dust or any admixture of asbestos at a level above that commonly found in the environment especially at mines or quarries; during asbestos based product manufacture, demolition or asbestos removal work

Malignant neoplasm of bronchus, larynx, lungs, kidney

Section 5

Benzene or its toxic homologues (nitro-and amino-derivatives)

Leukaemia, hodgkin lymphoma, other blood malignancies

Exposure to benzene or its toxic homologues during work with coke ovens, shoe manufacture using benzene, solvents with benzene, fuel and petroleum industry 6.

Benzidine and salts

Malignancy of the bladder

Exposure to benzidine during dye or pigment manufacture, laboratory agent; use in paper, leather, textile and dye industry 7.

Benz-o-pyrene

Malignancy of lungs, skin and bladder

Exposure to the benz-o-pyrene when using or handling it; use in research

Section 8

Beryllium (IARC 1)

Malignant neoplasm of bronchus and lungs

Exposure during production of hard, corrosion-resistant alloys in aerospace industry, nuclear reactors; ceramic and refractory products, electrical contacts, switches, welding electrodes, cathode ray tubes, metallic alloys and lithography for the electronics industry 9.

β-naphthylamine

Cancer bladder, methaemoglobinemia, ataxia

Exposure during use for dye or pigment manufacture 10.

Bis-chloromethyl ether

(BCME),

Chloromethylmethyl ethers (IARC 1)

Malignancy of the bronchus and lung

Exposures to Bis-chloromethyl ether produced during the manufacture of chloromethyl methyl ether; use in the chemical industry as chemical intermediate 11.

Cadmium and its compounds (IARC 1)

Malignant neoplasm of bronchus and lungs

Exposure during electroplating;

manufacture of nickel-cadmium

Employees’ Social Security 145

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the agents exceeding

Permissible Exposure Limits batteries, high speed bearings, soldering, welding and silver brazing (as fillers); use in plastics industry

(stabiliser);

use as pigments (in rubber, ink, plastics, paint, textiles)

and jewellery manufacture 12.

Chromium – its ompounds-hexavalent

Malignant neoplasm of bronchus and lungs, nasal cancer

Exposure during electroplating, dye or pigment manufacture and welding 13.

Coal tars and coal tar pitches; soot asphalt, creosote or bitumen, anthracene, mineral oil, volatiles, and residues of these substances.

Particulate polycyclic aromatic hydrocarbon

Cancer of the skin, bronchus and lung, bladder, larynx, mouth cavity

Exposures to the agent during building material use, electrodes, coal gasification and coke production-petroleum production, pigment manufacture, road paving and insulation 14.

Ethylene oxide

Leukaemia, cataract

Exposure during use in manufacture of ethylene glycol, glycol ethers and medical products; use as a pesticide fumigant, sterilant in hospitals 15.

Ethylene dibromide

(1,2-dibromoethane)

Cancer of the stomach

Exposure to the agent during the use, handling of, or exposure to the fumes, dust or vapour of ethylene dibromide or a substance containing dibromide 16.

Formaldehyde

Cancer nasopharyngeal, sino-nasal, brain and leukaemia

Exposure to the agent during use as tissue preservative in mortuary and laboratories 17.

Haematite

Lung cancer

Exposure to the agent during the use, handling and exposure to the fumes, dust or vapour of haematite, during mining (with exposure to radon)

Section 18

Ionizing radiations

Malignant neoplasm – bone and skin, leukaemia

Exposure to

X-rays, nuclear reactors, ionising particle, radium, other radio active substance or radiant energy 19.

Mineral oil, untreated and mildly treated

Skin and scrotum cancer

Exposure to the agent during use as lubricants 20.

Mustard gas

Lung, larynx, pharyngeal cancer

Exposure to mustard gas-war gas

146

Occupations involving the use or handling of

(manufacture, transport, storage, disposal) and exposure to the agents exceeding

Permissible Exposure Limits 21.

Nickel – its compounds subsulphite and carbonyl

Malignancy of the bronchus and lung, mucous membrane of the nose or associated air sinuses

Exposure during concentrating, smelting or refining in the nickel producing industry, stainless steel production, manufacture of batteries, metallurgy, alloys, electroplating; use as catalysts and pigments; sulphide nickel ore miners and high nickel alloy manufacture workers 22.

Radium (IARC 1)

Bone (sarcomas)

The use, handling of, or exposure to the fumes, dust or vapour of radium 23.

Radon progeny

Malignant neoplasm of bronchus and lungs

Exposure to agent in underground mining, processing of ores and radioactive products 24.

Shale oils (IARC 1)

Skin and scrotum cancer

The use, handling of, or exposure to shale oils 25.

Soot, tars and mineral oils

Skin, lung and bladder cancer, dystrophy of corneral surface

Exposure to the agent during road making 26.

Vinyl chloride monomer (IARC 1)

Angiosarcoma of the liver, malignant neoplasm of liver and intrahepatic bile ducts, brain and lung

Exposure to the agent during manufacturing of vinyl chloride, vinyl chloride polymerization and plastic industry 27.

Hardwood dust

Cancer nasopharyx, nose and lung

Exposure to the agent during woodwork, cabinet and furniture makers

Section 1

For the purpose of this Schedule—

(a)

“permissible exposure limits” means a ceiling limit or an eight-hour time-weighted average airborne concentration or the maximum exposure limit as defined under the Occupational Safety and Health

(Use And Standard Of Exposure Of Chemicals Hazardous To Health)

Regulations 2000 [P.U. (A) 131/2000];

(b)

“IARC” means International Agency for Research on Cancer;

(c)

“Group 1 IARC” means the agent is a definite human carcinogen; and

(d)

“Group 2A IARC” means the agent is probably human carcinogen.

Employees’ Social Security 147

Section 2

For the purpose of determining an occupational disease, this Schedule shall be read together with—

(a)

the Factories and Machinery Act 1967, the Occupational Safety and

Health Act 1994, Regulations made under these Acts, Regulations,

Guidelines, Code of Practice with regards to occupational exposures of the agent;

(b)

the guidelines on the Diagnosis of Occupational Diseases issued by the

Organization; and

(c)

the guidelines on the Medical Surveillance made under the Occupational

Safety and Health (Use And Standard Of Exposure Of Chemicals

Hazardous To Health) Regulations 2000.

SIXTH SCHEDULE

[Section 59D]

Meetings

Section 1

(2)

Meetings of the Board shall be convened by the Chairman or, in his absence, by any person appointed by the Minister to act as Chairman, and notification of meetings shall be issued over the signature of the Chairman, any person appointed by the Minister to act as Chairman or the Secretary.

(3)

The quorum of the Board shall be six members including the Chairman or any person appointed by the Minister to act as Chairman presiding.

(4)

Where the Board has to determine any question by a vote, and an equality of votes results, the Chairman shall have a casting vote in addition to his deliberative vote.

(5)

The Board may request any person, not being one of its members, to attend any meeting for the purpose of advising it or furnishing information on any matter under discussion but any person so attending shall have no right to vote.

(6)

Subject to the provisions of this Act, the Board shall regulate its own procedure.

148

Minutes

Section 2

(2)

Minutes of meetings of the Board shall be duly signed and such minutes be receivable in evidence in all legal proceedings without further proof, and every meeting of the Board in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

Common seal

Section 3

(2)

Until a seal is provided by the Board a stamp bearing the description

“Pertubuhan Keselamatan Sosial” may be used and shall be deemed to be a common seal.

(3)

The common seal or the stamp referred to in subparagraph (2) shall be kept in the custody of the Director General or such other person as may be authorized by the

Board and shall be authenticated by either the Chairman or such person as may be authorized by the Board in writing; and all deeds, documents and other instruments purporting to be sealed with the said seal authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required under seal, may in like manner be executed by the Board and any such document or instrument may be executed on behalf of the

Board by an officer or servant of the Organization generally or specially authorized by the Board in that behalf.

(4)

All courts, judges and persons acting judicially shall take judicial notice of the seal of the Organization.

Validity of act or proceedings

Section 4

No act or proceedings taken under this Act shall be questioned on the ground—

(a)

of any vacancy in the membership of, or of any defect in the constitution of the Board; or

(b)

of any omission, defect or irregularity not affecting the merits of the case.

Employees’ Social Security 149

SEVENTH SCHEDULE

[Section 59O (2)]

Section 1

The staff rules made under section 59O may provide for any or all of the following—

(a)

regulating the amount of salaries, fees and allowances payable to officers and servants of the Organization;

(b)

regulating the grant of leave to such officers and servants;

(c)

authorizing the payment of all allowances to such officers and servants while on leave;

(d)

determining the remuneration to be paid to persons appointed to act for any such officers or servants during their absence on leave;

(e)

regulating the period of service of all such officers and servants;

(f)

(Deleted by Act A814);

(g)

determining the conditions under which gratuities or compassionate allowances may be paid to such officers and servants injured or to the surviving relatives of any such officers and servants, killed in the execution of their duty;

(h)

the establishment, maintenance and administration of a pension scheme for the provision of payments of pensions, gratuities or other allowances on superannuation, resignation, retirement or discharge of officers and servants of the Organization and for the establishment and maintenance of a pension fund; and

(i)

the establishment and administration of a superannuation scheme for the granting of such gratuities and allowances on death, superannuation, resignation, retirement or discharge of subordinate officers and servants of the Organization as may be deemed expedient and for the granting of such gratuities and allowances as may be deemed expedient to any one or more of the surviving dependants of any person who having been employed as a subordinate officer or servant of the Organization dies after having been superannuated or discharged or after having resigned or retired.

(j)

(Deleted by Act A814).

Section 2

The following provisions shall apply to any staff rules made by virtue of paragraph 1(g), (h) and (i):

150

(a)

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

(b)

any moneys paid under any such rule 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 of the moneys payable on his death under any such rule, and may provide for the appointment of a new trustee 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, such trustee may be appointed by the High Court or a Judge thereof;

(e)

the receipt of a trustee 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 rule;

(f)

any employee of the Organization who is otherwise entitled to any benefit under any such rule shall, if he is dismissed from the service of the

Organization for fraud or dishonesty or misconduct, which involves pecuniary loss to the Organization, or retires from or resigns his office with intent to escape discharge or dismissal in consequence of such fraud, dishonesty or misconduct, forfeit and lose the whole or such part of such benefits as the Board may in its absolute discretion direct; and

(g)

with the approval of the Minister the Board may, in its discretion, in consideration of long or special services of any officer or servant of the

Organization whose case does not come within the scope and effect of the

Organization’s pension scheme or superannuation scheme rules, pay to such officer or servant upon his death, a gratuity or compassionate allowance on such terms and conditions as the Board may determine.

Section 3

Staff Rules which are inconsistent with any terms and conditions of service approved by the Government in relation to officers and servants of statutory bodies shall have no effect.

Employees’ Social Security 151

EIGHT SCHEDULE

[Section 20A]

SURVIVORS’ PENSION

Section 1

Daily rate of survivors’ pension shall be the amount of the monthly rate of invalidity pension paid or payable to the deceased insured person for the month immediately preceding the month of death divided by the number of days in the month in which the pension is paid or payable.

Section 2

Where the insured person has not attained sixty years of age but has completed the full qualifying period as specified under section 17A, the daily rate of survivors’

pension shall be a basic amount equivalent to fifty per cent of his average monthly wage, increased by one per cent of the average monthly wage for every twelve months contributions paid in excess of the first twenty-four months, but subject to the maximum of sixty-five per cent of the average monthly wage in respect of him during the period between the date when contributions first become payable by him and the date of his death, divided by the number of days in the month in which the pension is paid or payable.

Section 3

Where an insured person has not attained sixty years of age but has completed the reduced qualifying period as specified under section 17A, the daily rate of survivors’ pension shall be an amount equivalent to fifty per cent of his average monthly wage divided by the number of days in the month in which the pension is paid or payable.

Section 4

(2)

Assumed monthly wage to which a monthly contribution corresponds shall be deemed to be as indicated in the Fourth Schedule.

Section 5

Daily rate of survivors’ pension shall be payable as follows:

(a)

for the widow or widower, an amount equivalent to three-fifths of the daily rate of survivors’ pension;

(b)

for each child, two-fifths of the daily rate of survivors’ pension:

Provided that if the total of survivors’ pension distributed among the widow or widower and children exceeds at any time the daily rate of survivors’ pension, the

152

share of each dependant shall be proportionately reduced so that the total amount payable does not exceed the daily rate of survivors’ pension:

Provided further that the daily rate of survivors’ pension for each child shall be three-fifths of the daily rate of survivors’ pension if there is no widow or widower or if the widow or widower dies, and if there be more than one child, the amount payable shall be equally divided among them.

Section 6

If an insured person who is in receipt of invalidity pension, or if an insured person who has not attained sixty years of age but has completed a full or reduced qualifying period as specified under section 17A, dies and does not leave a widow or widower or child, survivors’ pension shall be payable to other dependants as follows:

(a)

to a parent or grandparent, for life, an amount equivalent to four-tenths of the daily rate of survivors’ pension, and if there are two or more parents or grandparents, the amount payable shall be divided equally among them;

(b)

to any other dependant until marriage or until he attains the age of twenty-one years, whichever is the earlier, or if widowed until re-marriage or until he attains the age of twenty-one years, whichever is the earlier, an amount equivalent to three-tenths of the daily rate of survivors’ pension, and if there is more than one dependant under this subparagraph, the amount payable shall be divided equally among them.

Section 7

(Deleted by Act A1232).

NINTH SCHEDULE

[Section 75A]

Section 1

The following persons shall be disqualified from being appointed or being a member of the Investment Panel:

(a)

a person who has been convicted of an offence involving fraud, cheating, criminal breach of trust, criminal misappropriation of property or any offence involving dishonesty or moral turpitude and has been sentenced to imprisonment for a term of not less than one year;

(b)

a bankrupt; and

(c)

a person of unsound mind or is otherwise incapable of performing his duties.

Section 2

(a)

if he fails to attend three consecutive meetings of the Investment Panel without leave of the Chairman of the Investment Panel; or

(b)

if his appointment is revoked by the Minister, in the case of a person appointed under paragraph 75A(2)(f).

(2)

A member appointed by the Minister under paragraph 75A(2)(f) may resign as a member of the Investment Panel by giving notice in writing to the Minister.

(3)

If any member of the Investment Panel has any beneficial interest in any matter under consideration by the Investment Panel, he shall forthwith declare to the

Chairman the nature and extent of his interest in such matter and the Investment

Panel shall decide whether or not he may take part in the meeting of the Investment

Panel when such matter is being considered, notwithstanding his interest in such matter.

(4)

The Investment Panel shall meet as and when required to do so by the

Chairman of the Investment Panel.

(5)

The Chairman and three other members of the Investment Panel shall form a quorum at any meeting of the Investment Panel.

TENTH SCHEDULE

[Sections 59V and 59W]

MEMBERSHIP OF THE PROMOTION BOARDS

AND APPEAL BOARDS

Category of Officers

Promotion Board

Appeal Board 1.

Services in Grade 21

Three members of the

Board including the

Director General, and a representative from the

Ministry responsible for human resources, one of whom is to be appointed by the Board as Chairman

Chairman of the Board ....

Chairman

Members of the Board ....

Members 2.

Services in Grade 12

to 20

Director General or his representative

....

Chairman

Head of Division or Branch of the

Organization

Chairman of the

Establishment Committee

.... Chairman

Members of the

Establishment Committee

.... Members

154

Category of Officers

Promotion Board

Appeal Board appointed by the Director

General .... Member

Principal

Assistant

Secretary,

Ministry responsible for human resources and appointed by the Secretary General of the same

Ministry

....

Member 3.

Services in Grade 11

Director General or his representative ....

Chairman

Two officers in Grade 21

appointed by the Director

General .... Members

Chairman of the

Establishment Committee

.... Chairman

Members of the

Establishment Committee

.... Chairman

APPENDIX

Date of coming into force

[Subsection 1(3)]

w.e.f.

Area

Provisions in force

Authority 01-01-1971

Throughout Malaysia

sections 103-105 and 108

322/1970 15-04-1971

Throughout Malaysia

Sections 12 and 60-66

125/1971 01-10-1971

That area of land situated in the

District of Johore Bahru and delineated in grey on Plan P.G.

659 as deposited in the office of the Director of Survey, Johore in terms of section 410 of the

National Land Code 1965

(1)

(a)

), 22-34,

36-48, 50-55

and 57;

and 82;

330/1971

Employees’ Social Security 155

w.e.f.

Area

Provisions in force

Authority

Parts V and VI,

106, 107 and 109 01-07-1972

Employees’

Social

Security

Area of Penang and delineated in grey on Plan P.G. 75 and Plan

P.G. 76 as deposited in the office of the Director of Survey,

Penang in terms of section 410 of the National Land Code 1965

(1)

(a)

), 22-34, 36-48,

50-55 and 57;

and 109

218/1972 01-07-1972

District of Kinta and delineated in grey on Plan P.G. 247 as deposited in the office of the

Director of Survey, Perak in terms of section 410 of the

National Land Code 1965

(1)

(a)

), 22-34, 36-48,

50-55 and 57;

and 109

221/1972 01-01-1973

In the areas of land situated in—

(i)

the District of Kota Star and delineated in grey on Plan

P.G. 551 as deposited in the office of the Director of

Survey, Kedah and Perlis;

(ii)

the District of Larut and

Matang and delineated in grey on Plan P.G. 286 as deposited in the office of the

Director of Survey, Perak;

(iii)

the District of Klang and delineated in grey on Plan

P.G. 377 as deposited in the

Sections 6 to 11, 13

and 14 of Part II, section 15 (except subsection (1)(a)

thereof);

sections 22 to 34, 36

to 48, 50 to 55 and 57

of Part III

Sections 67 to 69, 71,

72 and 82 of Part IV;

Part V and VI, section 96(1)(b), sections 97

to 102, 106, 107 and 109 of Part VII

539/1972

156

w.e.f.

Area

Provisions in force

Authority office of the Director of

Survey, Selangor;

(iv)

the District of Klang and delineated in grey on Plan

P.G. 378 as deposited in the office of the Director of

Survey, Selangor;

(v)

the District of Seremban and delineated in grey on Plan

P.G. 263 as deposited in the office of the Director of

Survey, Negeri Sembilan;

(vi)

the

Central

District of

Malacca and delineated in grey on Plan P.G. 97 as deposited in the office of the

Director of Survey, Malacca;

(vii)

the District of Kuantan and delineated in grey on Plan

P.G. 1063 as deposited in the office of the Director of

Survey, Pahang, in terms of section 410 of the

National Land Code 1965.

01-09-1973

In the areas of land situated in—

(i)

the Social Security Area of

Kota Bharu and delineated in grey on Plan P.G. 160 as deposited in the office of the

Director of

Survey,

Kelantan;

(ii)

the Social Security Area of

Kuala

Trengganu and delineated in grey on Plan

P.G. 127 as deposited in the office of the Director of

Survey, Terengganu;

(iii)

the Social Security Area of

Province

Wellesley and delineated in grey on Plan

P.G. 122 as deposited in the office of the Director of

Survey, Penang;

(iv)

the Social Security Area of

Kangar and delineated in

11, 13 and 14;

(except subsection

(1)

(a)

), 22-34, 36-48,

50-55 and 57

Parts V and VI;

and 109

384/1973

Employees’ Social Security 157

w.e.f.

Area

Provisions in force

Authority grey on Plan P.G. 572 as deposited in the office of the

Director of Survey, Kedah and Perlis;

(v)

the Social Security Area of

Kluang and delineated in grey on Plan P.G. 802 as deposited in the office of the

Director of Survey, Johore;

(vi)

the Social Security Area of

Batu Pahat and delineated in grey on Plan P.G. 803 as deposited in the office of the

Director of Survey, Johore;

(vii)

the Social Security Area of

Muar and delineated in grey on

Plan

804

as deposited in the office of the

Director of Survey, Johore, in terms of section 410 of the

National Land Code 1965.

01-03-1974

That area of land delineated in red on Miscellaneous Plan No.

1062/13 as deposited in the office of Superintendent of

Lands and

Surveys,

First

Division, Kuching, Sarawak

Sections 6-11, 13, 14

and 15 (except subsection (1)(a)),

22-34, 36-48, 50-55,

57, 67-69, 71, 72, 82,

96(1)(b), 97-102, 106,

107 and109

568/1973 01-03-1974

That area of land of approximately 7,890

acres shown as survey

Lot No.

01200578, in the Kota Kinabalu

District; 10 acres shown as survey Lot No. 21200360; 6

acres shown as survey Lot No.

21200359 and 290 acres shown as survey Lot No. 21200358 in the Penampang District and more particularly shown on plan

No. 99197155 as deposited in the office of the Director of Lands and Surveys Department, Kota

Kinabalu, Sabah

Sections 6-11, 13, 14

and 15 (except subsection (1)(a)),

22-34, 36-48, 50-55,

57, 67-69, 71, 72,

8296(1)(b), 97-102,

106, 107 and 109

569/1973

158

w.e.f.

Area

Provisions in force

Authority 01-01-1974

In the areas of land situated in—

(i)

the Districts of

Kuala

Lumpur and Klang and delineated in grey on Plan

P.G. 357 as deposited in the office of the Director of

Survey, Selangor;

(ii)

the

Employees’

Social

Security Area of Penang and delineated in grey on

Plan P.G. 75 and Plan P.G.

76 as deposited in the office of the Director of Survey,

Penang;

(iii)

the District of Kinta and delineated in grey on Plan

P.G. 247 as deposited in the office of the Director of

Survey, Perak;

(iv)

the District of Johore Bahru and delineated in grey on

Plan P.G. 659 as deposited in the office of the Director of Survey, Johore;

(v)

the District of Kota Star and delineated in grey on

Plan P.G. 551 as deposited in the office of the Director of Survey, Kedah and

Perlis;

(vi)

the District of Larut and

Matang and delineated in grey on Plan P.G. 286 as deposited in the office of the Director of Survey,

Perak;

(vii)

the District of Klang and delineated in grey on Plan

P.G. 377 as deposited in the office of the Director of

Survey, Selangor;

(viii)

the District of Klang and delineated in grey on Plan

P.G. 378 as deposited in the office of the Director of

Survey, Selangor;

Sections 15(1)(a),

16-21, 35, 49, 57,

96(1)(a) and 96(2)

570/1973

Employees’ Social Security 159

w.e.f.

Area

Provisions in force

Authority

(ix)

the District of Seremban and delineated in grey on

Plan P.G. 263 as deposited in the office of the Director of

Survey,

Negeri

Sembilan;

(x)

the Central District of

Malacca and delineated in grey on Plan P.G. 97 as deposited in the office of the Director of Survey,

Malacca;

(xi)

the District of Kuantan and delineated in grey on Plan

P.G. 1063 as deposited in the office of the Director of

Survey, Pahang;

(xii)

the Social Security Area of

Kota Bharu and delineated in grey on Plan P.G. 160 as deposited in the office of the Director of Survey,

Kelantan;

(xiii)

the Social Security Area of

Kuala

Terengganu and delineated in grey on Plan

P.G. 127 as deposited in the office of the Director of

Survey, Kuala Terengganu;

(xiv)

the Social Security Area of

Province Wellesley and delineated in grey on Plan

P.G. 122 as deposited in the office of the Director of

Survey, Penang;

(xv)

the Social Security Area of

Kangar and delineated in grey on Plan P.G. 572 as deposited in the office of the Director of Survey,

Kedah and Perlis;

(xvi)

the Social Security Area of

Kluang and delineated in grey on Plan P.G. 802 as deposited in the office of the Director of Survey,

Johore;

160

w.e.f.

Area

Provisions in force

Authority

(xvii)

the Social Security Area of

Batu Pahat and delineated in grey on Plan P.G. 803 as deposited in the office of the Director of Survey,

Johore;

(xviii)

the Social Security Area of

Muar and delineated in grey on Plan P.G. 804 as deposited in the office of the Director of Survey,

Johore.

01-10-1974

(i)

the Social Security Area of

Segamat as delineated in grey on

Plan

P.G877

deposited in the office of the

Director of Survey, Johor;

(ii)

the Social Security Area of

Kuala Pilah as delineated in grey on Plan P.G.

deposited in the office of the

Director of Survey, Negeri

Sembilan;

(iii)

the Social Security Area of

Tapah as delineated in grey on Plan P.G. 329 deposited in the office of the Director of Survey, Perak;

(iv)

the Social Security Area of

Kuala

Kangsar as delineated in grey on Plan

P.G. 328 deposited in the office of the Director of

Survey, Perak;

(v)

the Social Security Area of

Telok Intan as delineated in grey on Plan P.G.

deposited in the office of the

Director of Survey, Perak;

(vi)

the Social Security Area of

Kulim as delineated in grey on Plan P.G. 584 deposited in the office of the Director of

Survey,

Kedah and

Perlis;

Sections 6-11, 13, 14,

15-55, 57, 67-69, 71,

72, 82;

Parts V and VI;

sections 96-102, 106,

107 and 109

576/1974

Employees’ Social Security 161

w.e.f.

Area

Provisions in force

Authority

(vii)

the Social Security Area of

Dungun as delineated in grey on Plan P.G.

deposited in the office of the

Director of

Survey,

Terengganu;

(viii)

the Social Security Area of

Kuala Krai as delineated in grey on Plan P.G.

deposited in the office of the

Director of

Survey,

Kelantan;

(ix)

the Social Security Area of

Sungai Patani as delineated in grey on Plan P.G.

deposited in the office of the

Director of Survey, Kedah and Perlis;

(x)

the Social Security Area of

Rawang as delineated in grey on Plan P.G.

deposited in the office of the

Director of

Survey,

Selangor;

(xi)

the Social Security Area of

Temerloh as delineated in grey on Plan P.G. 1069

deposited in the office of the

Director of Survey, Pahang;

(xii)

the Social Security Area of

Bentong as delineated in grey on Plan P.G. 1068

deposited in the office of the

Director of Survey, Pahang.

01-07-1975

(i)

that area of land delineated in red on Miscellaneous Plan

No. 1062/13 as deposited in the office of the

Superintendent of Lands and

Survey,

First

Division,

Kuching;

(ii)

that area of land of approximately—

(a)

7,890 acres shown as survey

Lot

Sections 15(1)(a),

16-21, 35, 49, 57,

96(1)(a) and 96(2)

239/1975

162

w.e.f.

Area

Provisions in force

Authority 01200578 in the Kota

Kinabalu District;

(b)

10 acres shown as survey

Lot

21200360

in the

Penampang District;

(c)

6 acres shown as survey

Lot

21200359

in the

Penampang District;

(d)

510 acres shown as survey

Lot

21200358

in the

Penampang District, all of which appear more particularly on

Plan

99197155 as deposited in the office of the Superintendent of

Lands and

Surveys,

Kota

Kinabalu.

01-12-1976

(i)

the whole State of Perlis

(except the area of land delineated in grey on Plan

P.G. 572 deposited in the office of the Director of

Survey, Kedah and Perlis);

(ii)

the whole of Penang Island

(except the areas of land delineated in grey on Plans

75

and

76

deposited in the office of the

Director of Survey, Penang);

(iii)

the whole of

Province

Wellesley (except the area of land delineated in grey on

Plan P.G. 122 deposited in the office of the Director of

Survey, Penang);

(iv)

the whole District of Kinta

(except the area of land delineated in grey on Plan

P.G. 247 deposited in the office of the Director of

Survey, Perak);

Sections 6 to 11, 13,

14, 15 to 55, 57, 67 to 69, 71, 72, 82;

Part V and VI, sections 96 to 102,

107 and 109

27/1977

Employees’ Social Security 163

w.e.f.

Area

Provisions in force

Authority

(v)

the whole District of Johore

Bahru(except the area of land delineated in grey on Plan

P.G. 659 deposited in the office of the Director of

Survey, Johore); and

(vi)

the whole District of Pontian.

01-01-1979

(i)

Wilayah

Persekutuan,

Mukim Ampang, Mukims

Ulu Kelang and Batu as in

Plans P.G. 383, P.G. 417 and

P.G. 415 (except the area of land delineated in grey on

Plan P.G. 357) deposited in the office of the Director

General of

Survey and

Director of

National

Mapping, Kuala Lumpur;

(ii)

Petaling District as in Plans

P.G. 400 (except the areas of land delineated in grey on

Plans P.G. 357 and P.G. 377)

deposited in the office of the

Director of Survey, Selangor.

Sections 6-11, 13, 14,

15-55, 57, 67-69, 71,

72, 82;

Parts V and VI;

sections 96-102, 106,

107 and 109

711/1978 01-10-1980

Whole of Peninsular Malaysia other than in the 31 existing

Social Security areas where they are already in force

Sections 6-11, 13, 14,

15-55, 57, 67-69, 71,

72, 82;

Parts V and VI;

sections 96-102, 106,

107 and 109

486/1980 01-01-1980

Throughout Malaysia

Sections 2-12, 14,

33-35 and 38-41

544/1980 01-07-1985

Throughout Malaysia

Sections 13, 15-32,

36, 37 and 42

315/1985 01-12-1985

In the administrative district boundaries of Kuching (except the area of land delineated in red on

Miscellaneous

Plan

1062/13 as deposited in the office of the Superintendent of Lands and Surveys, First Division,

Kuching, Sarawak), Bau, Lundu,

Hilir Sadong, Hulu Sadong,

Samarahan, Sibu, Oya Dalat,

Mukah, Kanowit, Bintulu, Miri,

Baram, Sri Aman, Lubuk Antu,

Sections 6-11, 13, 14,

15-55, 57, 67-69, 71,

72, 82;

Parts V and VI;

sections 96-102, 106,

107 and 109

550/1985

164

w.e.f.

Area

Provisions in force

Authority

Saribas and Kalaka as shown on

Miscellaneous Plan No. 60280/1 01-12-1985

In the administrative district boundaries of Kota Kinabalu

(except the area of land of approximately 7,890 acres shown as Survey Lot No. 01200578 in the Kota Kinabalu District and more particularly shown on Plan

No. 99197155 as deposited in the office of the Director of Lands and Surveys, Kota Kinabalu,

Sabah), Penampang (except the area of land of approximately10

acres shown as Survey Lot No.

21200360, 6 acres shown as

Survey Lot No. 21200359 and 510 acres shown as Survey Lot

No. 21200358 in the Penampang

District and all of which are more particularly shown on Plan No.

99197155 as deposited in the office of the Director of Lands and Surveys, Kota Kinabalu,

Sabah), Papar, Tuaran, Ranau,

Kota

Belud,

Sandakan,

Kinabatangan, Labuk and Sugut,

Tawau, Semporna, Kunak, Lahad

Datu,

Keningau,

Tenom,

Tambunan and Pensiangan as shown on Plan No. 99197300.

Sections 6 to 11, 13,

14, 15 to 55, 57, 67 to 69, 71, 72, 82

Parts V and VI;

sections 96-102, 106,

107 and 109

551/1985 01-01-1987

In the areas of—

Federal Territory of Labuan.

Administrative districts of Kudat,

Kota Marudu, Pitas, Beaufort,

Sipitang and Kuala Penyu shown on Plan No. 99197300 with the office of the Director of Lands and Surveys, Kota Kinabalu.

Administrative districts of Kapit,

Belaga,

Song,

Sarikei,

Maradong, Julau, Matu Daro,

Limbang and Lawas shown on

Miscellaneous Plan No. 60280/1

with the office of the

Sections 6-11, 13, 14,

15-55, 57, 67-69, 71,

72, 82; Parts V and

VI; sections 96-102,

106, 107 and 109

P.U .(B)

626/1986

Employees’ Social Security 165

w.e.f.

Area

Provisions in force

Authority

Superintendent of Lands and

Surveys, Kuching.

166

Act 4

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 160

Malaysia Currency (Ringgit)

Act 1975 29-08-1975

Employees’

Social

Security

(Amendment) Act 1979

s.2–12, 14, 33–35,

38–41: 01-01-1980;

s. 13, 15–32, 36, 37,

77 and 42:

01-07-1985

Act A499

Employees’

Social

Security

(Amendment) Act 1980 15-08-1980

Employees’

Social

Security

(Amendment) Act 1984 01-01-1985

Employees’

Social

Security

(Amendment) Act 1987

See s. 1

Act A675;

P.U. (B) 340/1987;

P.U. (B) 396/1987;

P.U. (B) 417/1987

and

P.U. (B) 251/1988

Employees’

Social

Security

(Amendment) Act 1992

s.16(a): 01-01-1985

s. 18(a): 01-10-1971

s. 26, 30(b) and 31:

01-07-1985

s. 41: 01-07-1987

s. 3, 7, 11–15, 16(b),

17, 18(b), 19, 21, 47

and 48: 01-01-1992

s. 2, 4, 5, 6, 8–10, 20,

22–26, 27–30(a),

32–40, 42–46:

01-07-1992

Employees’ Social Security 167

Amending law

Short title

In force from

Act 478

Revocation of Exemption From

Payment of Stamp Duty 1992 21-02-1992

Act A830

Employees’

Social

Security

(Amendment) (No. 2) Act 1992 17-07-1992

Employees’

Social

Security

(Amendment) Act 1997

s. 3–6, 10, 13–16:

01-05-1997

s. 2, 7–9, 11, 12, 17:

01-08-1997

Employees’

Social

Security

(Amendment) Act 2004 01-05-2005

P. U. (A) 32/2008

Employees’

Social

Security

(Amendment of Fifth Schedule)

Order 2008 04-02-2008

Act A1445

Employees’

Social

Security

(Amendment) Act 2012 01-01-2013

Employees’

Social

Security

(Amendment) Act 2016 01-06-2016

P.U. (A) 144/2018

Employees’

Social

Security

(Amendment of First Schedule)

Order 2018 01-07-2018

P.U. (A) 351/2018

Employees’

Social

Security

(Amendment of First Schedule)

(No. 2) Order 2018 01-01-2019

P.U. (A) 247/2021

Employees’

Social

Security

(Amendment of First Schedule)

Order 2021 01-06-2021

Employees’

Social

Security

(Amendment) Act 2022 01-09-2022

P.U. (A) 180/2024

Employees’

Social

Security

(Amendment of First Schedule)

Order 2024 01-07-2024

Act A1724

Employees’

Social

Security

(Amendment) Act 2024 01-10-2024

168

Act 4

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

Long title

Act A814 01-07-1992 2

Act A1445 01-01-1980 01-01-1985 01-07-1987;

except ss.2(e):

01-10-1971 01-01-1992 01-08-1997 01-05-2005 01-01-2013 3

Act A1445 01-01-1988 01-07-1992 01-01-2013 5

Act A1724 01-06-2016 01-09-2022 01-10-2024 6

Act A1232 01-01-1980 01-07-1987 01-07-1992 01-05-2005 9

Act A675 01-07-1987 9A

Act A814 01-07-1987 01-07-1992 9B

Act A814 01-01-1992 10

Act A1232 01-07-1987 01-05-2005

Employees’ Social Security 169

Section

Amending authority

In force from 12

Act A1232 01-07-1992 01-05-2005 12A

Act A1232 01-05-2005 12B

Act A1232 01-05-2005 12C

Act A1232 01-05-2005 13

Act A1232 01-07-1992 01-05-2005 13A

Act A1232 01-05-2005 14

Act A1232 01-05-2005 14A

Act A1232 01-05-2005 15

Act A1445 01-01-1985 01-07-1987 01-07-1992 01-01-2013 17

Act A1445 01-01-1980 01-07-1987 01-01-1992 01-05-2005 01-01-2013 17A

Act A1232 01-07-1987 01-01-1992 01-05-2005 18

Act A814 01-01-1992 19

Act A814 01-01-1980 01-01-1992 20

Act A1232 01-01-1980 01-01-1985 01-01-1986 01-01-1992 01-05-2005

170

Section

Amending authority

In force from 20A

Act A1445 01-01-1985 01-01-1986

except subpara. 12(a)(iii):

01-07-1987;

para. 16(a):

01-01-1985;

para. 16(b):

01-01-1992 01-05-2005 01-01-2013 20B

Act A1232 01-01-1985 01-07-1987 01-05-2005 21

Act A1445 01-01-1980 01-07-1987 01-05-2005 01-01-2013 22

Act A675 01-01-1985 01-07-1987 24

Act A814 01-01-1992 26

Act A1232 01-01-1980 01-07-1987

para. 18(a):

01-10-1971;

para. 18(b):

01-01-1992 01-05-2005 27

Act A1232 01-07-1987 01-05-2005 28

Act A675 01-07-1987 29

Act A1445 01-01-1980 01-01-1985 01-07-1987 01-01-1992 01-05-2005 01-01-2013

Employees’ Social Security 171

Section

Amending authority

In force from 30

Act A1445 01-01-1986 01-05-2005 01-01-2013 31

Act A981 01-07-1992 01-05-1997 32

Act A450 01-01-1980 32A

Act A1232 01-05-2005 33A

Act A814 01-01-1992 34

Act A1232 01-05-2005 36

Act A675 01-01-1985 06-08-1987 37

Act A450 01-01-1980 42

Act A981 01-05-1997 43

Act A675 01-07-1987 47

Act A450 01-01-1980 49

Act A1232 01-05-2005 50

Act A1232 01-05-2005 51

Act A675 01-07-1987 56

Act A675 01-07-1987 57

Act A814 01-07-1987 01-07-1992 57A

Act A1445 01-05-1997 01-01-2013 57B

Act A1232 01-05-2005 57C

Act A1232 01-05-2005

172

Section

Amending authority

In force from 58

Act A1508 01-07-1985 01-07-1987 01-06-2016 59

Act A981 01-01-1980 01-05-1997 59A

Act A450 01-07-1985 59B

Act A981 01-07-1985 01-07-1987 01-08-1997 59C

Act A981 01-07-1985 01-07-1987 01-08-1997 59D

Act A675 01-07-1985 01-07-1987 59E

Act A981 01-07-1985 01-07-1987 01-08-1997 59F

Act A675 01-07-1985 01-07-1987 59G

Act A675 01-07-1985 01-07-1987 59H

Act A675 01-07-1985 01-07-1987 59I

Act A675 01-07-1985 01-07-1987 59J

Act A814 01-07-1985 01-07-1987 01-07-1992 59K

Act A675 01-07-1985 01-07-1987 59L

Act A675 01-07-1985 01-07-1987

Employees’ Social Security 173

Section

Amending authority

In force from 59M

Act A675 01-07-1985 01-07-1987 59N

Act A1232 01-07-1985 01-07-1987 01-07-1992 01-05-2005 59O

Act A675 01-07-1985 01-07-1987 59P

Act A675 01-07-1987 59Q

Act A814 01-07-1992 59R

Act A814 01-07-1992 59S

Act A814 01-07-1992 59T

Act A814 01-07-1992 59U

Act A814 01-07-1992 59V

Act A814 01-07-19985 59W

Act A1232 01-07-1992 01-05-2005 60

Act A675 01-07-1985 01-07-1987 61

Act A675 01-07-1985 01-07-1987 62

Act A675 01-07-1985 01-07-1987 63

Act A675 01-07-1985 01-07-1987 64

Act A1232 01-07-1985 01-07-1987 01-05-2005

174

Section

Amending authority

In force from 65

Act A675 01-07-1985 01-07-1987 66

Act A675 01-07-1985 01-07-1987 67

Act A675 01-07-1987 68

Act A814 01-07-1992 69

Act A814 01-07-1985 01-07-1992 71

Act A1508 01-07-1985 01-01-1985 01-07-1987 01-07-1992 01-05-1997 01-05-2005 01-06-2016 72

Act A814 01-07-1985

para. 30(a):

01-07-1992;

para. 30(b):

01-07-1985 72A

Act A1508 01-07-1985 01-06-2016 74A

Act A1508 01-06-2016 75

Act A675 01-07-1985 01-07-1987 75A

Act A1508 01-07-1987 01-07-1992 01-08-1997 01-06-2016 75B

Act A981 01-07-1992 01-08-1997 78

Act A450 01-07-1985

Employees’ Social Security 175

Section

Amending authority

In force from 79

Act A675 01-07-1985 01-07-1987 80

Act A675 01-07-1985 01-07-1987 81

Act A450 01-07-1985 82

Act A675 01-07-1985 01-07-1987 83

Act A1232 01-07-1985 01-07-1992 01-05-2005 84

Act A590 01-01-1985 86

Act A675 01-01-1985 01-07-1987 93

Act A981 01-07-1992 01-05-1997 94

Act A1232 01-05-1997 01-05-2005 94A

Act A1232 01-07-1987 01-05-2005 94B

Act A675 01-07-1987 94C

Act A675 01-07-1987 95

Act A1232 01-07-1987 01-07-1992 01-05-2005 95A

Act A1508 01-05-2005 01-06-2016 96

Act A814 01-07-1992 96A

Act A814 01-01-1985 01-07-1992 100

Act A814 01-07-1992

176

Section

Amending authority

In force from 103

Act A450 01-01-1980 103A

Act A1232 01-05-2005 104

Act 478 01-01-1980 01-02-1992 105

Act A1508 01-01-1980 01-07-1987 01-07-1992 01-05-1997 01-05-2005 01-06-2016 106

Act A675 01-07-1985 01-07-1987 106A

Act A814 01-07-1987 01-07-1987 108

Act A450 01-07-1985 108A

Act A1232 01-05-2005 110

Act A981 01-01-1980 01-05-1997 111

Act A814 01-07-1992 112

Act A814 01-07-1992 112A

Act A1445 01-01-2013

First Schedule

Act A1445

P.U. (A) 144/2018

P.U. (A) 351/2018

P.U. (A) 247/2021

P.U. (A) 180/2024 01-01-1980 01-01-1985 01-07-1987 01-07-1992 01-05-2005 01-01-2013 01-06-2016 01-07-2018 01-01-2019 01-06-2021 01-07-2024

Employees’ Social Security 177

Section

Amending authority

In force from

Third Schedule

Act A1724 01-01-1985 01-07-1992 01-05-2005 01-06-2016 01-09-2022 01-10-2024

Fourth Schedule

Act A1724 01-01-1980 01-01-1985 01-01-1986

except para. 44(e)

& (f): 01-07-1987 01-07-1992 01-05-2005 01-06-2016 01-09-2022 01-10-2024

Fifth Schedule

P. U. (A) 32/2008 01-07-1987 04-02-2008

Sixth Schedule

Act 981 01-07-1985 01-07-1987 01-08-1997

Seventh Schedule

Act A814 01-07-1985 01-07-1987 01-07-1992

Eighth Schedule

Act A1445 01-01-1985 01-07-1987 01-01-1992 01-05-2005 01-01-2013

Ninth Schedule

Act A675 01-07-1987

Tenth Schedule

Act A1232 01-01-1992 01-05-2005

Amending instrument	Year
EMPLOYEES' SOCIAL SECURITY (AMENDMENT) ACT 2012	2012
AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016	2016
EMPLOYEES' SOCIAL SECURITY (AMENDMENT) ACT 2022	2022
AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2024	2024
EMPLOYEES’ SOCIAL SECURITY (AMENDMENT) ACT 2026	2026

*EMPLOYEES' SOCIAL SECURITY ACT 1969

About this act

PART I

(2)

(3)

(1)

(1A)

(1B)

(a)

(i)

(ii)

(b)

(2)

(3)

(a)

(b)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(c)

(4)

(5)

(i)

(ii)

(iii)

(6)

(6A)

(7)

(7A)

(8)

(9)

(10)

(10A)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(a)

(b)

(c)

(d)

(20)

(21)

(22)

(23)

(24)

(a)

(b)

(c)

(d)

(e)

(f)

PART II

(2)

(3)

(4)

(2)

(2)

(a)

(b)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(2)

(3)

(4)