Section 2
In this Act unless there is anything repugnant in the subject or context—
of Employees' Social Security Act 1969
(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;
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(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;
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(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—
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(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.