Malaysia legislation

Section 105

of *EMPLOYEES' SOCIAL SECURITY ACT 1969

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

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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;

(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

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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;

(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

Read in full context — *EMPLOYEES' SOCIAL SECURITY ACT 1969 →