How many sections does LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 have?

LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 contains 135 sections.

LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 (No. 520)

Q: What is LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994?

*LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 is Malaysia Act, cited as Act 520 1994, currently marked in force and first recorded in 1994.

Q: Is LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 still in force?

Yes — LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 is currently in force.

Q: When did LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 take effect?

LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 was first recorded in 1994.

Q: What amends LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994?

LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 has been amended by LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA (AMENDMENT) ACT 2011.

Q: Where can I read the official version of LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994?

The official text of LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994 is published at lom.agc.gov.my.

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan

Agong with the advice and consent of the Dewan Negara and Dewan

Rakyat in Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY

Short title, commencement and application

Section 1

(2)

This Act shall apply throughout Malaysia; however the

Minister may by order suspend the operation of the whole or any of the provisions of this Act in any part of Malaysia.

Interpretation

Section 2

(a)

any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;

(b)

any road, harbour works, railway, cableway, canal or aerodrome;

(c)

any drainage, irrigation or river control works;

(d)

any electrical, mechanical, water, gas, petrochemical or telecommunication works; or

(e)

any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation works, and includes—

(A)

any works which form an important and integral part of or are preparatory to or temporary for the works described in paragraphs (a) to (e), including site clearance, soil investigation and improvement, earth-moving, excavation, laying of foundation, site restoration and landscaping; or

(B)

procurement of construction materials, equipment or workers, necessarily required for any work described in paragraphs (a) to (e);

“Chief Executive” means the Chief Executive appointed under section 11;

12 Laws of Malaysia ACT 520

“codes of practice” means any code, guideline, standard, rule, specification or approved practice of the Lembaga;

“contractor” means a person who carries out or completes or undertakes to carry out or complete any construction works;

“registered contractor” means a contractor registered in accordance with this Act;

“Fund” means the fund established under section 15;

“training” includes preparing or undergoing certain process to upgrade a person’s skill and knowledge in relation to construction industry;

“Lembaga” means the Lembaga Pembangunan Industri Pembinaan

Malaysia established under section 3;

“Minister” means the Minister for the time being charged with the responsibility for matters relating to works;

“construction workmanship” means the technique, method or process of construction, which includes the end product of the construction works;

“authorized officer” means—

(a)

an officer of the Lembaga authorized under section 35; or

(b)

a police officer not below the rank of Inspector under section 35V;

“general construction worker” means any employee or class of employee who is not skilled and who is engaged in manual work;

“skilled construction worker” means any employee possessing the accepted level of skill, knowledge, qualification and experience of one or more of the trades as determined by the Lembaga and listed in the Third Schedule;

Lembaga Pembangunan Industri 13

Pembinaan Malaysia

“semi-skilled construction worker” means any employee possessing the accepted level of skill, knowledge, qualification and experience of one or more of the trades as determined by the Lembaga;

“certification” means a procedure by which the Lembaga or any person authorized by it gives written assurance that a process, practice or service conforms with specified requirements;

“Chairman” means the Chairman of the Lembaga appointed under section 5;

“Manager” means any officer of the Lembaga who holds the position equivalent to Grade 41 and above in the Government service;

“construction project manager” means any employee possessing the accepted level of skill, knowledge and experience as may be determined and who is assigned to the construction site or any other such place to organize, plan, control and co-ordinate the construction works from the inception to completion;

“construction site supervisor” means any employee possessing the accepted level of skill, knowledge and experience who is assigned to a construction site or any other such place to supervise the construction works;

“construction personnel” means—

(a)

general construction workers;

(b)

semi-skilled construction workers;

(c)

skilled construction workers;

(d)

construction site supervisors;

(e)

construction project managers; and

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(f)

any other employee in construction industry as may be determined by the Lembaga;

“registered construction personnel” means a construction personnel registered or certified in accordance with this Act;

“Industrialised Building System or IBS” means the technique of construction whereby components are manufactured in a controlled environment, either at site or off-site and subsequently transported, positioned and assembled into construction works;

“standards” has the same meaning as that assigned to it in the

Standards of Malaysia Act 1996 [Act 549] and the National Skills

Development Act 2006 [Act 652]; and

“company” has the same meaning as that assigned to “corporation”

under subsection 4(1) of the *Companies Act 1965 [Act 125].

(2)

For the purpose of this Act, any person who has been awarded or executed any contract for construction works, or has undertaken to carry out, manage or complete any construction works, or has carried out, managed or completed any construction works shall be deemed to be a contractor unless proven otherwise.

Section 3

There is hereby established a body corporate by the name of

“Lembaga Pembangunan Industri Pembinaan Malaysia”, which may be referred to for all purposes by the acronym “CIDB”, and which shall have perpetual succession and a common seal, which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take,

*NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]

w.e.f. 31 January 2017.

Lembaga Pembangunan Industri 15

Pembinaan Malaysia 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 therein vested in the

Lembaga upon such terms as it deems fit.

Section 4

Functions of the Lembaga

(a)

to promote and stimulate the development, improvement and expansion of the construction industry;

(b)

to advise and make recommendations to the Federal

Government and the State Government on matters affecting or connected with the construction industry;

(c)

to promote, stimulate and undertake research into any matter relating to the construction industry;

(d)

to promote, stimulate and assist in the export of service relating to the construction industry;

(e)

to provide consultancy and advisory services with respect to the construction industry;

(f)

to promote and encourage quality assurance in the construction industry;

(g)

to regulate the conformance of standards for construction workmanship and materials;

(h)

to obtain, publish, initiate and maintain information relating to the construction industry including the establishment of a construction industry information system;

(i)

to provide, promote, review and coordinate training in the construction industry;

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(j)

to register and accredit contractors, to impose any conditions of registration and accreditation of the contractors and to revoke, suspend or reinstate the registration and accreditation;

(k)

to register, accredit and certify construction personnel and to revoke, suspend or reinstate the registration, accreditation and certification of such construction personnel;

(l)

to regulate the implementation for quality and safe construction works;

(m)

to regulate the implementation of Industrialised Building

System in the construction industry; and

(n)

to attend to any complaint or report made in relation to any failure of construction works or completed construction works which affects public safety and take appropriate actions to address it.

(2)

The Lembaga shall have the power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions and, in particular, but without prejudice to the generality of the foregoing—

(a)

to carry on all activities, particularly activities relating to the construction industry, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions;

(b)

to give formal recognition and written assurance including awarding certificate for the purpose of certification;

(c)

with the approval of the Minister and Minister of Finance—

(i)

to enter into any partnership, joint venture, privatization programme, scheme, enterprise, undertaking or any other form of co-operation or arrangement for the sharing of profits or carry on its

Lembaga Pembangunan Industri 17

Pembinaan Malaysia activities in association with, or otherwise, any person, public authority or Government;

(ii)

to acquire shares or securities in any public authority, corporation or other body and to dispose of or hold such shares or securities;

(iii)

to establish a corporation by such name as the

Lembaga thinks fit to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Lembaga either under the control or partial control of the Lembaga;

(iv)

to establish or promote the establishment of companies under the Companies Act 1965 and to carry out or engage and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Lembaga either under the control or partial control of the Lembaga;

(d)

to provide financial assistance in the form of loans or otherwise to persons engaged in the construction industry for the purpose of promoting the said industry and provide any guarantees on their behalf;

(e)

to commission any person or body to carry out research or development, or both, relating to the construction industry;

(f)

to impose fees or any other charges as it deems fit for giving effect to any of its functions or powers;

(g)

to receive or to pay in consideration of any services that may be rendered by it or any person rendering the service,

NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]

w.e.f. 31 January 2017.

18 Laws of Malaysia ACT 520

such commissions or payments as may be agreed upon with any person; and

(h)

to do such other things as it deems fit to enable it to carry out its functions and powers effectively.

(3)

The Second Schedule shall apply to every corporation established by the Lembaga under subparagraph (2)(c)(iii).

(4)

Subject to section 7, it shall be the responsibility of the

Lembaga in performing its functions under this Act to ensure that the functions are performed in such manner as shall be in furtherance of the policy of the Government for the time being in force and in particular relating to the construction industry.

Membership of the Lembaga

Section 5

(a)

a Chairman;

(b)

six representatives from the private sector; and

(c)

four representatives who shall hold office in the public services, who shall be appointed by the Minister.

(2)

The provisions of the First Schedule shall apply to the

Lembaga.

Public servants

Section 6

All members, officers and servants of the Lembaga, while discharging their duties as such members, officers and servants, shall be deemed to be public servants within the meaning of the Penal Code

[Act 574].

Lembaga Pembangunan Industri 19

Pembinaan Malaysia

Section 7

Power of the Minister to give directions

The Lembaga shall be responsible to the Minister, and the

Minister may, from time to time, give directions not inconsistent with this Act and the Lembaga shall, as soon as possible, give effect to all such directions.

Section 8

Returns, reports, accounts and information

(2)

Without prejudice to the generality of subsection (1), the

Lembaga shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister and, if so directed by the Minister, to any other public authority a report dealing with the activities of the Lembaga during the preceding financial year and the report shall be in such form and shall contain such information relating to the proceedings and policy of the Lembaga as the Minister may, from time to time, specify.

Power of the Lembaga to establish committees

Section 9

(2)

The Lembaga may appoint any suitable person to be a member of any committee established under subsection (1).

(3)

A committee established under this section may elect any of its members to be chairman and may regulate its own procedure and, in the exercise of its powers under this subsection, such committee shall be subject to and act in accordance with any direction given to it by the Lembaga.

20 Laws of Malaysia ACT 520

(4)

Any meeting of a committee established under this section shall be held at such time and place as the chairman of the committee may, subject to subsection (3), determine.

(5)

A committee may invite any person to attend any of its meetings for the purpose of advising it on any matter under discussion provided that the person so invited shall not be entitled to vote at any such meeting.

(6)

The members of a committee established under this section and any person invited under subsection (5) to attend any meeting of a committee may be paid such allowances as the Lembaga may determine.

CHAIRMAN, OFFICER, SERVANTS

The Chairman

Section 10

(2)

If the Chairman is temporarily absent from Malaysia or incapacitated through illness or for any other good reason is unable to perform his duties, the Minister shall appoint any member of the

Lembaga to carry out the duties of the Chairman.

Chief Executive

Section 11

(2)

The Chief Executive shall be responsible for the proper administration and management of the functions and affairs of the

Lembaga.

(3)

The Chief Executive shall have general control of the other officers and servants of the Lembaga.

(4)

The Chief Executive shall perform such further duties as the

Lembaga may from time to time direct.

(5)

If the Chief Executive is temporarily absent from Malaysia or is incapacitated through illness or for any other good reason is unable to perform his duties, the Lembaga may direct any other officer to carry out his duties.

Appointment of officers and servants of the Lembaga

Section 12

Pembinaan Malaysia

(2)

No person shall be eligible for employment as an officer or servant of the Lembaga if he has, directly or indirectly, by himself or his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Lembaga.

Regulations with respect to conditions of service

Section 13

The Lembaga may, from time to time, with the approval of the

Minister, make regulations with respect to the conditions of service of its officers and servants.

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Section 14

Regulations with respect to discipline

(2)

The regulations made under this section may include provisions for―

(a)

the interdiction with reduction in salary or in other remuneration; or

(b)

the suspension without salary or other remuneration, of an officer or servant of the Lembaga during the pendency of disciplinary proceedings against him.

(3)

The regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Lembaga may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

(4)

The regulations made under this section may, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made by the person against whom the disciplinary proceedings are taken before a decision is arrived at by the Lembaga on the disciplinary charge laid against such person.

FINANCE

The Fund

Section 15

(2)

The Fund shall consist of―

Lembaga Pembangunan Industri 23

Pembinaan Malaysia

(a)

such sums as may be provided from time to time for the purposes of this Act by Parliament;

(b)

moneys earned from the consultancy and advisory services provided by the Lembaga;

(c)

moneys earned by the operation of the construction industry information system;

(d)

moneys earned or arising from any property, investments, mortgages, charges or debentures acquired by or vested in the Lembaga;

(e)

any property, investments, mortgages, charges or debentures acquired by or vested in the Lembaga;

(f)

sums borrowed by the Lembaga for the purpose of meeting any of its obligations or discharging any of its duties;

(g)

moneys earned from the registration, accreditation, certification and training of contractors and construction personnel under this Act;

(h)

moneys collected by way of levy under section 34 of this

Act;

(ha) moneys collected and received under section 38C; and

(i)

all other sums or property which may in any manner become payable to or vested in the Lembaga in respect of any matter incidental to its functions, powers and duties.

Conservation of the Fund

Section 16

It shall be the duty of the Lembaga to conserve the Fund by so performing, exercising and discharging its functions, powers and duties under this Act as to secure that the total revenues of the

24 Laws of Malaysia ACT 520

Lembaga are, subject to any directions given by the Minister, sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.

Section 17

Expenditure to be charged on the Fund

The Fund shall be expended for the purposes of―

(a)

paying any expenditure lawfully incurred by the Lembaga, including legal fees and costs and other fees and costs and the remuneration of officers and servants appointed and employed by the Lembaga, including superannuation allowances;

(b)

paying any other expenses, costs or expenditure properly incurred or accepted by the Lembaga in the performance of its functions and powers under section 4;

(c)

repaying any moneys borrowed under this Act and the interest due thereon; and

(d)

generally, paying any expenses for carrying into effect this

Act.

Expenditure and preparation of estimates

Section 18

(2)

Before the beginning of each year, the Lembaga shall submit to the Minister an estimate of the expenditure for the following year in such form and containing such particulars as the Minister may direct, and the Minister shall, before the beginning of the following year, notify the Lembaga of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

Lembaga Pembangunan Industri 25

Pembinaan Malaysia

(3)

The Lembaga may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

(4)

The Minister may direct the Lembaga to submit a copy of the estimate or supplementary estimate, as the case may be, to such other public authority as may be specified in the direction.

Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply

Section 19

The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Lembaga and any corporation established under this Act.

OTHER POWERS OF THE LEMBAGA

Power to borrow

Section 20

(2)

The Lembaga may, from time to time, with the approval of the Minister and Minister of Finance, borrow money by the issue of bonds, debentures or stocks of such class and value and upon such terms as it may, with the approval of the Minister and Minister of

Finance, deem expedient, for all or any of the following purposes:

(a)

the provision of working capital;

26 Laws of Malaysia ACT 520

(b)

the performance of the functions, the exercise of the powers and the discharge of the duties of the Lembaga under this Act;

(c)

the performance of such additional functions as may be undertaken by the Lembaga under this Act;

(d)

the redemption of any shares or stocks which it is required or entitled to redeem; and

(e)

any other expenditure properly chargeable to capital account.

Power to grant loans

Section 21

In the performance of its functions, the exercise of its power or the discharge of its duties, the Lembaga may, with the approval of the

Minister and Minister of Finance, grant loans, and such loans may be granted subject to such terms and conditions as the Lembaga may, with the approval of the Minister and Minister of Finance, think fit to impose in any particular case.

Section 22

Investment

The assets of the Lembaga shall, in so far as they are not required to be expended by the Lembaga under this Act, be invested in such manner as the Minister and Minister of Finance may approve.

Section 23

Power to employ or appoint

The Lembaga may employ or appoint and pay agents and technical advisers, including advocates and solicitors, bankers, fund managers, stockbrokers, surveyors, valuers and other persons, to transact any business or to do any act required to be transacted or done in the performance of its functions, the exercise of its powers or the discharge of its duties or for the better carrying into effect the purposes of this Act.

Lembaga Pembangunan Industri 27

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Section 24

Delegation of Lembaga’s functions and powers

(a)

any member of the Lembaga;

(b)

any committee established by the Lembaga; or

(c)

any officer or servant of the Lembaga, and any function or power so delegated may be performed, exercised or discharged by the member, committee, officer or servant, as the case may be, in the name and on behalf of the Lembaga.

(2)

A delegation under this section shall not preclude the

Lembaga itself from performing or exercising at any time any of the delegated functions and powers.

REGISTRATION AND ACCREDITATION OF CONTRACTORS

Registration of contractors

Section 25

(2)

Every certificate of registration shall be in the prescribed manner and form.

(3)

The Lembaga may, for the purpose of the registration of contractors, impose such conditions as it thinks fit.

28 Laws of Malaysia ACT 520

(4)

The Lembaga may suspend, revoke, reinstate or refuse any registration of any person under this Act.

(5)

A person aggrieved by the decision of the Lembaga made under subsection (4) may, within thirty days after the date the decision of the Lembaga was communicated to him, appeal to the

Minister in writing against the decision and the decision made by the

Minister shall be final.

Accreditation of contractors

Section 25A

(2)

The Lembaga may, for the purpose of the accreditation of contractors, impose such conditions as it thinks fit.

Register

Section 26

The Lembaga shall keep and maintain a Register of the registered and accredited contractors under this Act.

Section 27

Notice to require particulars

(2)

The notice under subsection (1) may be served by delivering it by way of personal service or by registered post.

(3)

A notice may require the information to be disclosed and furnished at specific times or within specific intervals.

Lembaga Pembangunan Industri 29

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(4)

The Lembaga shall not require any person to supply information under this section which will disclose any trade secret.

Penalty for failure to comply with notice

Section 28

A person who―

(a)

fails to comply with the requirements of a notice issued under section 27; or

(b)

knowingly or recklessly furnishes or causes to be furnished any false particulars on any matter specified in the notice issued under section 27, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

Penalty for carrying out construction works without being registered

Section 29

Any person who contravenes subsection 25(1) shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than one hundred thousand ringgit.

Section 30

Notice to stop construction works

(1A)

Where the Lembaga finds that construction works are being carried out or completed, or undertaken to be carried out or completed by a registered contractor in contravention of any provision of this Act, the Lembaga may, by notice in writing served on him, require him to abstain from commencing or proceeding with the construction works or undertaking to carry out or complete the construction works, with or without conditions.

(2)

A person who fails to comply with the requirements of the notice under subsection (1) or subsection (1A) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit and in the case of a continuing offence, to a fine not exceeding one thousand ringgit for every day or part of a day during which the offence continues after conviction.

Contractors are subject to this Act

Section 31

Every contractor, whether registered under this Act or not, shall be subject to this Act.

REGISTRATION, ACCREDITATION, CERTIFICATION AND

TRAINING OF CONSTRUCTION PERSONNEL

Interpretation

Section 32

For the purposes of this Part, “trades” means the trades or occupation normally associated with skilled construction workers.

Section 33

Registration of construction personnel

(2)

Subsection (1) shall not apply to any construction personnel who has a professional qualification and is registered under any written law.

(3)

The Lembaga shall keep and maintain a Register which shall contain the names, addresses, trades, skills and other particulars of registered construction personnel.

(4)

A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Accreditation and certification of construction site supervisor and skilled construction worker

Section 33A

Pembinaan Malaysia

(2)

For the purpose of this Act, skilled construction workers are those specified in the Third Schedule.

(3)

The Minister may, by order published in the Gazette, amend the Third Schedule.

(4)

The Lembaga shall keep and maintain a Register which shall contain the names, addresses, trades, skills and other particulars of accredited and certified construction site supervisors and skilled construction workers.

(5)

A person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

32 Laws of Malaysia ACT 520

(6)

Any person who engages a construction site supervisor or skilled construction worker who is not accredited and certified by the Lembaga to carry out any construction work shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Training institution, etc.

Section 33B

The Lembaga, for the purpose of training, accreditation and certification of construction personnel may—

(a)

establish, promote and accredit training institutions;

(b)

establish a body to carry out evaluation or assessment or to conduct examination of the training institutions;

(c)

establish a body to develop, monitor and modify the curriculum as to the courses of studies, standards and training programmes offered by the training institutions;

(d)

give formal recognition and written assurances including awarding certificates or any other qualifications to the training institutions;

(e)

suspend or revoke the accreditation of training institutions for contravening or failing to comply with the conditions of accreditation; and

(f)

do any other things which the Lembaga deems expedient or necessary for the purposes of this Part.

PART VIIA

STANDARDS AND CODES OF PRACTICE IN THE

CONSTRUCTION INDUSTRY

Lembaga to certify construction materials

Section 33C

(2)

The Minister may, by order published in the Gazette, amend the Fourth Schedule.

(3)

The Lembaga may keep and maintain a Register of the details and record of all certified construction materials.

(4)

The Lembaga may, for the purpose of certification under subsection (1), impose any condition as it thinks fit.

(5)

The Lembaga may suspend, revoke, reinstate or refuse the certification in circumstances as may be determined by the Lembaga.

Dealing with non-certified construction materials

Section 33D

(2)

Any person who deals or undertakes to deal with the construction materials specified in the Fourth Schedule without the certification of the Lembaga shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than five hundred thousand ringgit.

Notice by the Lembaga for person dealing with non-certified construction materials

Section 33E

(2)

Any person who fails to comply with the requirements of the notice under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

Codes of practice for the construction industry

Section 33F

The Lembaga or any other body authorized by law may, from time to time, formulate, develop, revise and approve any code of practice which is suitable and necessary for the construction industry.

LEVY

Imposition of levy

Section 34

(2)

For every contract referred to in subsection (1), whether stamped or not, having a contract sum of above five hundred thousand ringgit, the contractor shall be liable to pay to the Lembaga a levy at the rate of a quarter per centum of the contract sum.

(3)

Every contractor shall disclose fully to the Lembaga all the facts and circumstances affecting his liability to pay the levy.

(4)

The Lembaga shall notify the contractor of the amount of levy to be paid within such period as it may prescribe and such notification by the Lembaga shall be prima facie evidence as to the amount of levy to be paid by the contractor.

Lembaga Pembangunan Industri 35

Pembinaan Malaysia

(5)

The Minister may, by order published in the Gazette, vary the rate of levy specified in subsection (2).

(6)

In the case where there are more than one contractor who are parties to a contract referred to in subsection (1), each and every such contractor are jointly and severally liable to pay the levy, unless otherwise proven to the contrary to the satisfaction of the Lembaga.

(7)

Where the Lembaga has reason to believe that any condition in any contract referred to in subsection (1) has the direct or indirect effect of—

(a)

altering the contract sum subjected to levy which is payable or which would otherwise have been payable;

(b)

relieving any person from any liability which has arisen or which would otherwise have arisen to pay the levy;

(c)

evading or avoiding any duty or liability which is imposed or would otherwise have been imposed on any person by this Act; or

(d)

hindering or preventing the operation of this Act in any respect, the Lembaga may, without prejudice to such validity as it may have in any other respect or for any purpose, disregard or vary such condition and make such adjustments as it thinks fit, with a view to counteracting the whole or any part of such direct or indirect effect of such condition in the contract.

(8)

In exercising its powers under subsection (7), the Lembaga may—

(a)

treat the total value of any construction works or any part of it to be the value of the contract sum;

(b)

make such computation or amendment of any value of any construction works or contract as may be necessary to revise

36 Laws of Malaysia ACT 520

any person’s liability to pay the levy or impose any liability to pay the levy on any person in accordance with its exercise of those powers; and

(c)

make such amendments as may be necessary to revise any person’s liability to pay the levy or impose any liability to pay the levy on any person in accordance with its exercise of those powers.

(9)

Where a contractor fails to pay any levy due within the prescribed period by the Lembaga, the contractor shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or four times the amount of such levy payable, whichever is higher.

(10)

A contractor who contravenes subsection (1) or (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.

Levy payable as civil debt due to the Lembaga

Section 34A

Notwithstanding any other written law, the amount of any levy payable under this Part shall be recoverable as a civil debt due to the

Lembaga.

PART VIIIA

DUTY OF CONTRACTOR

Section 34B

Duty of contractor

(a)

notify and submit to the Lembaga any information and documents, including any supporting documents relating to the construction works, whether new or otherwise, in accordance with this Act;

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(b)

ensure the construction works are carried out in accordance with the provisions of this Act, any regulations, terms and conditions imposed by the Lembaga and any other written law; and

(c)

ensure the safety of the building and the construction works whether during or post construction works.

(2)

For the purpose of this section, “shall ensure the safety of building and the construction works” means ensuring that any building or construction works are being carried out or have been carried out in such manner as—

(a)

not causing or threatening to cause a risk of injury to any person or damage to any property; or

(b)

not causing or threatening to cause a total or partial collapse of—

(i)

the building in respect of which the construction works are being carried out or have been carried out;

or

(ii)

any other building, road or natural formation which is opposite, parallel, adjacent or in close proximity to any part of the building or construction works.

Breach of duty by contractor

Section 34C

(a)

engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise the Lembaga on all matters relating to the safety of the building in respect of which the construction works are being carried out or have been carried out;

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(b)

impose on the contractor, all or any of the directives in subsection (2);

(c)

impose a penalty not exceeding five hundred thousand ringgit on the contractor.

(2)

The Lembaga may, for the purpose of public safety or preventing any situation referred to in subsection 34B(2), issue a written directive to the contractor of the construction works, for the contractor—

(a)

to immediately stop the construction works;

(b)

to carry out or cause to be carried out at the contractor’s cost such inspection as the Lembaga may specify;

(c)

to execute or cause to be executed at the contractor’s cost such construction works as the Lembaga may specify;

(d)

to demolish or cause to be demolished at the contractor’s cost the defective building, or any failure or other event occurring in respect of which the construction works are being carried out or have been carried out or any part thereof, and to remove any debris resulting from the demolition; or

(e)

to revoke or suspend registration of the contractor granted under this Act.

(3)

If any contractor fails to comply with the directive issued by the Lembaga under this section within the time specified, the

Lembaga may execute the directive in such manner as the Lembaga thinks fit and recover in a court of competent jurisdiction, as a debt due to the Lembaga, all expenses reasonably incurred by the

Lembaga in doing so from the contractor.

(4)

Without prejudice to the right of the Lembaga to exercise its powers under subsection (3), any contractor who without reasonable cause, fails to comply with any directive issued to him under subsection (2) shall be guilty of an offence and shall, on conviction,

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Pembinaan Malaysia be liable to a fine not exceeding five hundred thousand ringgit and in respect of a continuing failure to comply, an additional fine not exceeding ten thousand ringgit for every day or part of a day during which the offence continues after conviction.

(5)

Any contractor to whom a directive under subsection (2) has been issued, while the directive is in force, shall display a copy of the directive at every entrance to the building to which the directive relates, and such copy shall be displayed in a way that it can be easily read by people outside the building.

(6)

Any contractor who contravenes subsection (5) shall be guilty of an offence under this Act.

(7)

The Lembaga may order the contractor of the construction works mentioned in subsection (1) to pay or reimburse the Lembaga, all or part of the expenses incurred by the Lembaga in engaging a qualified person or a specialist under paragraph (1)(a) and if the contractor fails to pay the amount payable, the Lembaga may recover in a court of competent jurisdiction, as a debt due to the Lembaga, so much of the amount payable by the contractor.

Death caused by breach of duty of contractor

Section 34D

(2)

Section 34C shall apply to this section except paragraph 34C(1)(c).

(3)

An offence under this section shall be a seizable offence for the purpose of the Criminal Procedure Code [Act 593].

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Duty of person who manages or controls construction site

Section 34E

(2)

The duty under subsection (1) shall apply only in relation to matters over which the person has the right and power to manage or control.

(3)

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

ENFORCEMENT AND INVESTIGATION

Authorization of officers

Section 35

The Chairman may, in writing, authorize any officer of the

Lembaga to exercise the powers of enforcement under this Act.

Section 35A

Power of investigation

(2)

Upon completion of his investigation, the authorized officer shall immediately give all information relating to the commission of any offence to an officer in charge of a police station and a police officer may, by warrant, arrest any person who may have committed an offence under this Act or any regulations made thereunder.

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Authority card

Section 35B

(2)

Whenever such officer exercises any of the power under this

Act, he shall, on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

Search and seizure with warrant

Section 35C

(a)

any premise or construction site has been used or is about to be used for; or

(b)

there is in any premise or construction site, evidence necessary to the conduct of an investigation into, the commission of an offence under this Act or any regulations or rules made under this Act, the Magistrate may issue a warrant authorizing an authorized officer named therein, at any reasonable time by day or by night and with or without assistance to enter the premise or construction site and if need by force.

(2)

Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the authorized officer to–

(a)

search and seize any construction material, equipment, instrument, book, record, document, computerized document, article or other thing that is reasonably believed to furnish evidence of the commission of such offence;

(b)

take samples of any construction material or thing found in the premise or construction site for the purposes of

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ascertaining, by testing or otherwise, whether the offence has been committed;

(c)

make copies of or take extracts from any book, record, document, computerized document, article or other thing found in the premise or construction site; and

(d)

direct that the premise or construction site or any part thereof or anything therein, shall be left undisturbed, whether generally or in particular, by affixing a seal.

(3)

An authorized officer entering any premise or construction site under this section may take with him such other person and equipment as may appear to him to be necessary.

(4)

An authorized officer may, in exercise of his powers under this section, if necessary—

(a)

break open any outer or inner door of the premises or construction site or any obstruction to the premises or construction site in order to effect entry into the premise or construction site;

(b)

to remove by force any obstruction to entry, search, seizure or removal as the authorized officer is empowered to effect under this section; and

(c)

to detain any person in the premise or construction site until the search has been completed.

(5)

Where, by reason of its nature, size or amount, it is not practical to remove any construction material, equipment, instrument, book, record, document, computerized document, article or other thing seized under this section, the authorized officer shall, by any means, seal the construction material, equipment, instrument, book, record, document, computerized document, article or other thing in the premise or construction site in which it is found.

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Search and seizure without warrant

Section 35D

An authorized officer, upon information received, who has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 35C —

(a)

the investigation would be adversely affected;

(b)

the object of entry is likely to be frustrated;

(c)

any construction material, equipment, instrument, book, record, document, computerized document, article or other thing that is reasonably believed to furnish evidence of the commission of such offence sought may be removed or interfered with; or

(d)

the evidence sought may be tampered with or destroyed, may exercise in respect of the premise or construction site, all the powers referred to in section 35C in as full and ample manner as if he were authorized to do so by a warrant issued under that section.

Examination or testing of seized construction materials, etc.

Section 35E

(2)

The court shall presume that the construction materials or any other thing found in the premise or construction site are of the same nature, quantity and quality as those seized.

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Appointment of analyst

Section 35F

The Lembaga may appoint any qualified person to be an analyst for the purposes of carrying out an analysis on any construction materials or any other thing and to certify its condition, type, method of manufacturing, quality, standard and grade.

Section 35G

Certificate of analysis

(2)

Where the Lembaga intends to give in evidence any certificate referred to in subsection (1), it shall deliver a copy of such certificate to the accused not less than ten clear days before the commencement of the trial.

Power to enter premises, etc.

Section 35H

Notwithstanding sections 35C and 35D, an authorized officer may at any time enter any premise or construction site for the purpose of—

(a)

inspecting any construction material, equipment, instrument, book, record, document, computerized document, article or other thing as the authorized officer considers necessary;

(b)

verifying the accuracy of records or statements of information given to an authorized officer or to the

Lembaga; or

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(c)

collecting samples required under this Act.

Search of person

Section 35I

A person shall not be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.

Section 35J

Access to computerized data

(2)

For the purpose of this section, access shall be provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.

Warrant admissible notwithstanding defects

Section 35K

A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission therein or in the application for the warrant and any construction material, equipment, instrument, book, record, document, computerized document, article or other thing found in the premise or construction site under the warrant shall be admissible as evidence in any proceedings under this Act.

Section 35L

List of things seized

(2)

A copy of the list prepared in accordance with subsection (1)

shall be delivered immediately to the occupier of the premises or construction site where the construction material, equipment, instrument, book, record, document, computerized document, article or other thing is found or to his agent or servant at the premise or construction site.

(3)

Where the premise or construction site is unoccupied, the authorized officer shall, whenever possible, post a list of everything seized conspicuously on the premise or construction site.

Power to require attendance of person acquainted with case

Section 35M

(2)

If any person refuses to attend as so required, the authorized officer may report such refusal to a Magistrate who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection (1).

Examination of person acquainted with case

Section 35N

(2)

The person examined under subsection (1) shall be legally bound to answer all questions relating to such case put to him by the authorized officer, 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.

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(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 the questions.

(4)

The authorized officer examining a person under subsection (1)

shall first inform the person of the provisions of subsections (2)

and (3).

(5)

A statement made by any person under this section shall, wherever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be—

(a)

after it has been read to him in the language in which he made it; and

(b)

after he has been given an opportunity to make any correction he may wish.

Admissibility of statement in evidence

Section 35O

(2)

A statement made under subsection (1) shall not be admissible or used—

(a)

if the making of the statement appears to the court to have been caused by an inducement, threat or promise having reference to the charge against such person proceeding from a person in authority and sufficient, in the opinion of the

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court, to give that person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or

(b)

in the case of a statement made by the person after his arrest, unless the court is satisfied that he was cautioned in the following words or words to the like effect:

“It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say, whether in answer to a question or not, may be given in evidence.”.

(3)

A statement made by a person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he had been cautioned as soon as possible after that.

(4)

Notwithstanding anything to the contrary contained in any written law, a person accused of an offence to which subsection (1)

applies shall not be bound to answer any question relating to the case after any caution as referred to in paragraph (2)(b) had been administered to him.

Sale and disposal of seized material

Section 35P

(a)

the construction material is of a perishable nature or easily deteriorates in quality;

(b)

the custody of the construction material involves unreasonable expense and inconvenience;

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Pembinaan Malaysia

(c)

there is a lack or absence of adequate or proper facilities for the storage of the construction material; or

(d)

the construction material is believed to cause an obstruction or is hazardous to the public.

(2)

Notwithstanding subsection (1), where an analyst certifies, or if the results of tests as certified by an analyst proves, that the construction material tested by him is not in good condition, the authorized officer may keep it in custody or, if no prosecution is instituted in respect of the construction material, cause it to be disposed of in the manner determined by the Chairman.

Seized construction material, etc., liable to forfeiture

Section 35Q

(2)

Any construction material or the proceeds of sale thereof, or any equipment, instrument, book, record, document, computerized document, article or other thing forfeited or taken and deemed to be forfeited under this Part shall be the property of the Lembaga.

Release of things seized

Section 35R

(2)

A record in writing shall be made by the authorized officer effecting the release under subsection (1) specifying in detail the circumstances of and the reason for the release and a copy of the record shall be sent to the Public Prosecutor and to the Inspector-General of Police within seven days of the release.

Cost of holding equipment, etc., seized

Section 35S

Where any construction material, equipment, instrument, book, record, document, computerized document, article or any other thing seized under this Act or its subsidiary legislation is held in the custody of the Government or the Lembaga pending completion of any proceedings in respect of an offence under this Act or its subsidiary legislation, the cost of holding in custody shall, in the event of any person being found to have committed an offence, be a debt due to the Government by such person and shall be recoverable accordingly.

Section 35T

No cost or damages arising from seizure to be recoverable

A person shall not, in any proceedings before any court in respect of any construction material, equipment, instrument, book, record, document, computerized document, article or other thing seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.

Section 35U

Obstruction

(a)

assaults, delays, impedes, hinders or obstructs an authorized officer in effecting any entrance which he is entitled to

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Pembinaan Malaysia effect under this Act or any of its regulations in the execution of any duty imposed or power conferred by this

Act;

(b)

breaks any seal that has been affixed by an authorized officer on any place;

(c)

fails to comply with any lawful demand of an authorized officer in the execution of his duty under this Act;

(d)

fails, refuses or neglects to give any information which may be reasonably required by an authorized officer; or

(e)

without reasonable excuse fails to produce any construction material, equipment, instrument, book, record, document, computerized document, article or other thing required by an authorized officer, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Power of police

Section 35V

Any police officer not below the rank of Inspector may exercise all the powers of enforcement under this Act.

Section 35W

Additional powers

An authorized officer shall, for the purposes of the execution of this Act, have powers to do all or any of the following:

(a)

require the production of records, accounts, computerized data and documents kept by a contractor or other person and to inspect, examine and to download from them, make copies of them or take extracts from them;

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(b)

require the production of any identification document from any person in relation to any case or offence under this Act;

(c)

make such inquiry as may be necessary to ascertain whether the provisions of this Act have been complied with.

GENERAL

Obligation of secrecy

Section 36

(2)

Any person contravening subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Power to make regulations

Section 37

(2)

Without prejudice to the generality of subsection (1), regulations may be made for―

(a)

prescribing the conditions, manner, forms, types, grades and procedures for the registration, accreditation or certification of contractors and construction personnel and the suspension, revocation, reinstatement or refusal of the registration, accreditation or certification of the contractors and construction personnel;

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(b)

prescribing the manner, forms and procedures for the collection of levy;

(c)

prescribing the form and manner of service of any notice required under this Act;

(d)

prescribing the fees and charges to be paid in respect of any matter required for the purposes of this Act;

(e)

prescribing the conditions, manner, forms, types, grades and the determination of standard of skills and competency of construction personnel;

(f)

prescribing the responsibilities and control of members, officers and servants of the Lembaga;

(g)

prescribing the manner in which and the terms and conditions on which loans may be granted by the

Lembaga under section 21;

(h)

providing generally for the performance of the functions, the exercise of the powers and discharge of duties of the

Lembaga under the provisions of this Act;

(i)

prescribing the forms, methods and procedures for compounding of offences;

(j)

obtaining, initiating and maintaining information relating to the construction industry;

(k)

prescribing the mechanism of appeal of any decision of the Lembaga to the Minister and may provide that the decision of the Minister shall be final and conclusive;

(l)

prescribing the circumstances applicable to any person in respect of any transitional period upon the commencement of any regulations made under this Act;

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(m)

regulating and enforcing standards in the construction industry including the manner, forms and procedures;

(n)

prescribing the manner, forms, types and grades in relation to certification of construction materials and construction workmanship;

(o)

prescribing the conditions and requirements for the implementation of Industrialised Building System in the construction industry; and

(p)

any other matter generally to give effect to the provisions of this Act.

(3)

Any regulation made under subsection (2) may provide that any act or omission in contravention of such regulation to be an offence and may provide for penalty of a fine not exceeding ten thousand ringgit.

Conduct of prosecution

Section 38

(2)

Any officer of the Lembaga authorized by the Public

Prosecutor may conduct the prosecution of any offence under this

Act.

Appearance for the Lembaga in civil proceedings

Section 38A

Notwithstanding the provisions of any written law, in any civil proceedings by or against the Lembaga—

(a)

any officer of the Lembaga or any public officer authorized by the Chairman; or

(b)

any member of the Malaysian Bar,

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Pembinaan Malaysia may on behalf of the Lembaga, conduct such proceedings and may make and do all appearances, acts and applications in respect of such proceedings.

Protection to the Lembaga, etc.

Section 38B

(2)

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the

Lembaga or its members, officers, servants or agents in respect of any act, negligence or default done by the Lembaga or its members, officers, servants or agents in such capacity.

Compounding of offences

Section 38C

(2)

The Lembaga, with the consent of the Public Prosecutor in writing, may at any time before a charge is being instituted compound any of the offences prescribed under subsection (1) as an offence which may be compounded by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding fifty per centum of the maximum fine and in the case where there is a minimum fine, a sum of money not exceeding fifty per centum of the maximum fine but not less than the minimum fine provided to which the person would have been liable if he had been convicted of the offence, within such time as may be specified in his written offer.

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(3)

An offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer, or such extended time as the Lembaga may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

(4)

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any document or thing seized in connection with the offence may be released by the

Lembaga, subject to such terms and conditions as it thinks fit.

(5)

All sums of money received by the Lembaga under subsection (2) shall be paid into and form part of the Fund under

Part IV of the Act.

General penalty

Section 39

Any person who by any act or omission contravenes any provision under this Act or any regulations made thereunder shall be guilty of an offence and where no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

Section 39A

Offences by body corporate, etc.

(a)

may be charged severally or jointly in the same proceedings with the body corporate, firm, society or other body of persons; and

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Pembinaan Malaysia

(b)

where the body corporate, firm, society or other body of persons is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(i)

that the offence was committed without his knowledge, consent or connivance; and

(ii)

that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

(2)

Where any person would be liable under this Act to any punishment or penalty for any act, omission, negligence or default, he shall be liable to the same punishment or penalty for every such act, omission, negligence or default of any employee or agent of his, or of the employee of such agent, if such act, omission, negligence or default was committed—

(a)

by his employee in the course of his employment;

(b)

by the agent when acting on his behalf; or

(c)

by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent acting on behalf of the person.

Power to exempt

Section 40

(2)

The Minister may at any time by order published in the

Gazette revoke any order made under subsection (1) if he is satisfied that the exemption should no longer be granted.

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Transitional and saving provision

Section 41

(2)

Any contractor who is carrying out any construction works pursuant to a contract executed before the date of commencement of this

Act shall be exempted from the payment of any levy under section 34.

___________________________

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FIRST SCHEDULE

[Subsection 5(2)]

PROVISIONS APPLICABLE TO THE LEMBAGA

Appointment, revocation and resignation

Section 1

(2)

The appointment of any member may at any time be revoked by the Minister without assigning any reason therefor.

(3)

A member may at any time resign his office by letter addressed to the

Minister.

(4)

Every member shall devote such time to the business of the Lembaga as is necessary to discharge his duties effectively.

Vacation of office

Section 2

(a)

if he dies;

(b)

if there has been proved against him, or he has been convicted on, a charge in respect of―

(i)

an offence involving fraud, dishonesty or moral turpitude;

(ii)

an offence under any law relating to corruption or under section 36; or

(iii)

any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;

(c)

if he becomes bankrupt;

(d)

if he is of unsound mind or is otherwise incapable of discharging his duties;

(e)

if he absents himself from three consecutive meetings of the Lembaga without leave of the Lembaga;

(i)

(ii)

(iii)

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(f)

if his resignation is accepted by the Minister; or

(g)

if his appointment is revoked by the Minister.

(2)

Where any person ceases to be a member by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with the provisions applying.

Remuneration or allowance

Section 3

There may be paid to members of the Lembaga or any person (not being an officer or servant of the Lembaga who is within the ambit of the provisions of this

Act relating to the terms and conditions of service applicable to his case) such remuneration or allowance as the Minister may determine.

Section 4

Meetings

(2)

The quorum of the Lembaga shall be seven.

(3)

Subject to the provisions of this Act, the Lembaga shall determine its own procedure.

Lembaga may invite others to meetings

Section 5

The Lembaga may invite or request any person (not being a member of the

Lembaga) to attend any meeting or deliberation of the Lembaga for the purpose of advising it on any matter under discussion but any person so attending shall have no right to vote at the said meeting or deliberation.

Section 6

Common seal

(2)

Until a seal is provided by the Lembaga, a stamp bearing the words

“Lembaga Pembangunan Industri Pembinaan Malaysia” may be used and shall be deemed to be the common seal of the Lembaga.

(3)

The common seal shall be kept in the custody of the Chairman or such other person as may be authorized by the Lembaga, and shall be authenticated by the

Chairman or such authorized person or by any officer authorized by either of them

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Pembinaan Malaysia 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 to be under seal may in like manner be executed by the Lembaga; and any such document or instrument may be executed on behalf of the Lembaga by any officer or servant of the Lembaga generally or specially authorized by the Lembaga in that behalf.

(4)

The common seal of the Lembaga shall be officially and judicially noticed.

Disclosure of interest

Section 7

A member of the Lembaga having, directly or indirectly, by himself or his partner, an interest in any company or undertaking with which the Lembaga proposes to make a contract or having an interest in any such contract or in any matter under discussion by the Lembaga shall disclose to the Lembaga the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Lembaga and, unless specifically authorized thereto by the

Chairman, such member shall take no part in the deliberation or decision of the

Lembaga relating to the contract or matter.

Section 8

Minutes

(2)

Any minutes made of meetings of the Lembaga shall, if duly signed, be admissible in evidence in all legal proceedings without further proof and every meeting of the Lembaga 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.

Validity of acts and proceedings

Section 9

No act done or proceeding taken under this Act shall be questioned on the ground of―

(a)

any vacancy in the membership of, or any defect in the constitution of, the Lembaga;

(b)

the contravention by any member of the Lembaga of the provisions of paragraph 7; or

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(c)

any omission, defect or irregularity not affecting the merits of the case.

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SECOND SCHEDULE

[Subsection 24(2)]

PROVISIONS APPLICABLE TO A CORPORATION ESTABLISHED

BY THE LEMBAGA

Power of the Lembaga to make regulations in respect of corporation

Section 1

The Lembaga shall, with the approval of the Minister, on or before the date on which any corporation is established under section 24, make regulations in respect of such corporation defining―

(a)

the purposes and objects for which the corporation is established;

(b)

the rights, powers, duties and functions of the corporation;

(c)

the system of management thereof; and

(d)

the relations between the corporation and the Lembaga and the

Lembaga’s rights of control over such corporation.

Limitation on power to establish corporation

Section 2

Nothing in paragraph 1 shall be deemed to authorize the Lembaga to make regulations to establish any corporation for any purpose or object more extensive in scope than the purposes or objects for which the Lembaga has been constituted or to confer on any corporation any right, duty, power or function which is not within the rights, duties, powers or functions of the Lembaga under this Act.

Section 3

Effect of regulations

Subject to the provisions of this Act and of any regulations made under section 38, any regulations made under paragraph 1 shall be binding on the corporation in respect of which they were made and shall have effect for all purposes as if they had been enacted in this Act.

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Section 4

Amendment of regulations

The Lembaga may at any time, with the approval of the Minister, amend, revoke or add to any regulations made under paragraph 1 in respect of any corporation.

Section 5

Register of corporations

The Lembaga shall keep a register in the prescribed form of all corporations established by it under section 24 and such register, together with copies of all regulations made under paragraphs 1 and 4, shall be open to public inspection at such place or places and at such time as it may prescribe.

Section 6

Winding up

(2)

Upon the dissolution of any corporation under this paragraph the assets of the corporation after discharging all its liabilities shall be transferred to and shall vest in the Lembaga.

(3)

The winding up of a corporation under this paragraph shall be conducted in such manner as the Lembaga may prescribe.

Corporation to be bodies corporate

Section 7

Every corporation established under section 24 shall be a body corporate by such name as the Lembaga shall give to it and shall have perpetual succession, and a common seal and may sue and be sued in such name and, for the purpose of carrying into effect the project, scheme or enterprise for which it has been established, may enter into contracts and may hold and deal in or with any immovable or movable property and may do all other matters and things incidental or appertaining to a body corporate not inconsistent with the provisions of this Act and subject to such restrictions or limitations as may be prescribed by the Lembaga in each case.

Section 8

Common seal of corporations

(2)

Until a seal is provided by the corporation, a stamp bearing the name of the corporation encircling the letters “LPIPM” may be used and shall be deemed to be the common seal of the corporation.

(3)

The common seal shall be kept in the custody of such person as may be authorized by the corporation, and shall be authenticated by such person; 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 to be under seal may in like manner be on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

(4)

The common seal of every corporation shall be officially and judicially noticed.

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THIRD SCHEDULE

[Section 2 and subsection 33A(2)]

SKILLED CONSTRUCTION WORKERS

Section 1

Blaster and painter

Section 2

Air conditioning and mechanical ventilation specialist

Section 3

Drywall installer

Section 4

Ceiling installer

Section 5

Petrochemical fitter

Section 6

Roof truss installer

Section 7

Precast concrete installer

Section 8

Formwork system installer

Section 9

Block system installer

Section 10

Bar bender

Section 11

Wireman

Lembaga Pembangunan Industri 65

Section 12

Pembinaan Malaysia

Section 13

Plant operator

Section 14

Crane operator

Section 15

Chargeman

Section 16

Cable jointer

Section 17

Slinger and rigger

Section 18

Painter

Section 19

Tiler

Section 20

Carpenter

Section 21

Welder

Section 22

Concretor

Section 23

Plasterer

Section 24

Plumber

Section 25

Scaffolder

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FOURTH SCHEDULE

[Subsection 33C(1)]

STANDARDS FOR CERTIFICATION OF CONSTRUCTION MATERIAL

Types of construction materials

Approved standard by the Lembaga

Section 1

Sanitary wares

(a)

Ceramic wash basins

(b)

Ceramic water closet pans without flushing cisterns

(c)

Ceramic water closet pans with flushing cisterns

(d)

Ceramic bidets and urinals (floor or wall mounted)

MS 2578

MS 1522

MS 795: Parts 1 to 3

MS 1799

66 Laws of Malaysia ACT 520

Types of construction materials

Approved standard by the Lembaga

Section 2

Section 3

Section 4

Section 5

Section 6

Section 7

(e)

Ceramic flushing cisterns equipped with mechanism (close couple, medium level, high level or concealed)

(f)

Ceramic flushing cisterns not equipped with mechanism (close couple, medium level, high level or concealed)

(g)

Plastic flushing cisterns equipped with mechanism (close couple, medium level, high level or concealed)

Glazed and unglazed ceramic tiles

Ceramic pipes and pipe fittings

Cement

(a)

Portland cement

(i)

White Portland cements of all kinds

(ii)

Other Portland cement of all kinds

(b)

Aluminous cement

(c)

Other hydraulic cement

(d)

Masonry Cement

Prefabricated timber roof truss system

Precast concrete piles for foundation

Insulation materials

(a)

Slag wool, rock wools and similar mineral wools

(including their intermixtures) in bulk, sheets or rolls

(b)

Thin sheets

(voiles), webs, mats, mattresses, boards and similar non-MS 795: Parts 1 to 3

MS 795: Parts 1 to 3

MS ISO 13006

MS 1061: Parts 1 to 3

MS 888

MS EN 197: Parts 1 and 2

BS 915

BS EN 14647

MS EN 197: Parts 1 and 2

MS EN 413: Parts 1 and 2

CIS 5

MS 1314: Parts 1 to 7

Lembaga Pembangunan Industri 67

Pembinaan Malaysia

Types of construction materials

Approved standard by the Lembaga

Section 8

Section 9

Section 10

Section 11

woven products, of fibre glass

(c)

Glass fibre (including wools)

Glass

(a)

Clear float glass, non-wired or non-coloured throughout the mass, other than square or rectangular shape

(including those with one, two, three or four corner cut)

(b)

Tinted float glass, coloured throughout the mass (body tinted), opacified, flashed or merely surface ground, other than optical glass

(c)

Coated glass

(d)

Safety glass

Fibre cement flat sheet not containing asbestos

Radiant barrier (thermal insulation foil)

Iron and steel products

(a)

Hot rolled carbon steel sheets or plates

(i)

Hot rolled steel coils, sheets or plates

(ii)

Hot rolled chequered coils, sheets or plates

(b)

Coated steel coils or sheets

(i)

Coils or sheets electrolytically plated or coated with zinc

(ii)

Zinc-coated carbon steel profiles hot dipped.

Otherwise, plated or coated with

MS 1135

MS 2397

MS 1498

MS 1296

MS 2095

MS 1705

MS 1768

ASTM A786

MS 2543

*MS 2500

(Profile)

68 Laws of Malaysia ACT 520

Types of construction materials

Approved standard by the Lembaga zinc.

*Only in sheets

Coil/sheet zinc-coated carbon steel hot dipped.

Otherwise, plated or coated with zinc.

(iii)

Profile aluminum-zinc alloy coated continuous hot-dip.

Plated or coated with aluminum-zinc alloy.

*Only in sheets

Coil/sheet aluminum-zinc alloy coated continuous hot-dip.

Plated or coated with aluminum-zinc alloy.

*Only in sheets

(iv)

Painted, varnished or coated with plastic

(v)

Plated or coated roofing tile

(c)

Pipes and tubes

(i)

Seamless carbon steel pipes

(ii)

Welded carbon steel pipes

Circular cross-section, non-circular cross-section square or rectangular cross-section.

Others of non-circular cross-section

MS 2384

MS 2385

*MS 2500

(Profile)

JIS G 3317

JIS G 3323

MS 1196

AS 1397

MS 2383

JIS G 3318

MS 2500

(Steps)

API 5L

MS ISO 3183

MS 61386: Part 21

BS31

MS 863

MS 1862

EN 10219: Part 1

EN 10210: Part 1

JIS G 3444

EN 39

SPAN TS21827: Part 1

SPAN TS21827: Part 2

API 5L

MS ISO 3183

MS 2381

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Types of construction materials

Approved standard by the Lembaga

(d)

Structural and other cast iron and articles

(i)

Bridges and bridge sections

(ii)

Towers and lattice masts

(iii)

Scaffolding

(iv)

Corrugated sheet pile cold form

(v)

Bearing piles – angle shape and section

(vi)

Guardrails

(vii)

Fabricated structure

(viii)

Railway track

(ix)

Light gauge steel section

(x)

Equal angles, shape and section U,

I, L, T or H

(e)

Wire rod, bars and wires

(i)

Coil form

(A)

Hot rolled steel reinforcement bar

(B)

Steel wire rod

(C)

Round bar in coil

MS 1462: Part 1 to 4

MS 2025: Part 1

MS 2025: Part 2

AASHTO M-180

BS EN ISO- 1461

JIS E 1101

DIN 536

BS EN 13674

MS 146

MS ISO 16120: Part 1

MS ISO 16120: Part 2

MS ISO 16120: Part 3

MS ISO 16120: Part 4

70 Laws of Malaysia ACT 520

Types of construction materials

Approved standard by the Lembaga

(D)

Wire, strands and ropes

(ii)

Wire mesh for construction

(iii)

Straight form

(A)

Carbon steel for structural use

(B)

Carbon steel for structural machine use (flat bar)

(C)

Hot rolled steel reinforcement bar

(D)

Round bar

(f)

Stainless steel products

(i)

Seamless, welded stainless steel pipes for construction purpose

(ii)

Seamless, welded stainless steel pipes for the conveyance of water

(iii)

Light gauge stainless steel tube for ordinary piping

(iv)

Stainless steel-angled, shape and cross-section

(v)

Casing and tubing of a kind used in drilling for oil and gas

(g)

Alloy steel product

(i)

Hot rolled alloy steel plate and coil

(ii)

Equal angles, shape and section

U,I, L,T or H

MS 1138: Part 2

MS 1138: Part 3

MS 1138: Part 4

MS ISO 4344

MS ISO 2408

MS 145

MS 146

MS 1841

ASTM A554

MS 1988

BS EN 10312

ASTM A 312

JIS G 3448

MS 2240: Part 2

MS EN 10025: Part 6

MS EN 10025: Part 5

MS EN 10025: Part 6

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Types of construction materials

Approved standard by the Lembaga

Section 12

Section 13

(h)

Cast iron product

(i)

Non-malleable cast iron - manhole covers

(ii)

Tube, pipe and hollow profile

Aluminium

(a)

Aluminium plates, sheets and strip of a thickness exceeding 0.2 mm, whether or not alloyed

(b)

Aluminium foils of a thickness not exceeding 0.2 mm, not backed: rolled but not further

(c)

Aluminium plates, sheets and strips

(d)

Aluminium structures

(e)

Aluminium composite panel for exterior and interior wall

(f)

Aluminium and aluminium alloy – coil coated sheet and strips for general applications

(g)

Aluminium and aluminium alloy for extruded shape

Ready mix concrete

BS EN 124

MS 1919

BS EN 598

ISO 6594

MS 2040

MS 1848

MS 2040

MS 832

MS 1017

MS 2571

MS EN 1396

MS 2289

MS 523: Parts 1 to 3

CIS 21

*Note: The latest edition of the standard specifications published by the relevant accreditation body shall apply.

______________________________

72

Act 520

LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN

LIST OF AMENDMENTS

Amending law Short title In force from

P.U. (A) 274/1999

Lembaga Pembangunan Industri 01-07-1999

Pembinaan Malaysia (Amendment of Third Schedule) Order 1999

Lembaga Pembangunan Industri 01-06-2015

Pembinaan Malaysia (Amendment)

Act 2011

P.U. (A) 302/2016

Lembaga Pembangunan Industri

01-12-2016

Pembinaan Malaysia (Amendment of Fourth Schedule) Order 2016

P.U. (A) 49/2017

Lembaga Pembangunan Industri

10-02-2017

Pembinaan Malaysia (Amendment of Third Schedule) Order 2017

_________________

73

Act 520

LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN

LIST OF AMENDMENTS

Section Amending authority In force from

2

01-06-2015

3

01-06-2015

4

01-06-2015

11

01-06-2015

15

01-06-2015

20-24

Act A1407 01-06-2015

Heading of Part VI

01-06-2015

25

01-06-2015

25A

01-06-2015

26

01-06-2015

27

01-06-2015

29-31

01-06-2015

32

01-06-2015

33

01-06-2015

74 Laws of Malaysia ACT 520

Section Amending Authority In force from

33A

01-06-2015

33B

01-06-2015

Part VIIA

01-06-2015

33C

01-06-2015

33D

01-06-2015

33E

01-06-2015

33F

01-06-2015

34

01-06-2015

34A

01-06-2015

Part VIIIA Act A1407 01-06-2015

34B

01-06-2015

34C

01-06-2015

34D

01-06-2015

34E

01-06-2015

35A-35W

01-06-2015

37-38 Act A1407 01-06-2015

38A-38C Act A1407 01-06-2015

39A Act A1407 01-06-2015

40 Act A1407 01-06-2015

Third Schedule P.U. (A) 274/1999

01-07-1999

Act A1407 01-06-2015

P.U. (A) 49/2017

10-02-2017

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Pembinaan Malaysia

Section Amending Authority In force from

Fourth Schedule Act A1407 01-06-2015

P.U. (A) 302/2016

01-12-2016

_______________

*LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994

About this act

Part VI & ss. 41(1) of Part X—

July 1995, P.U. (B) 339/1995;

Part VIII & ss. 41(2) of Part X—

October 1995, P.U. (B) 457/1995;

Part VII— 1 July 1999, P.U. (B) 227/1999]

PART I

(2)

(a)

(b)

(c)

(d)

(e)

(A)

(B)

(a)

(b)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

PART II

THE LEMBAGA

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(2)

(a)

(b)

(c)

(i)

(ii)

(iii)

(iv)

(d)

(e)

(f)

(g)

(h)

(3)

(4)

(a)

(b)

(c)

(2)

(2)

(2)

(3)

(4)

(5)

(6)

PART III

(2)

(2)

(3)

(4)

(5)

(2)

(2)

(a)

(b)

(3)

(4)

PART IV

(2)