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Contents

Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 · Updated to 1 Dec 2017 · Part X · General

37. Power to make regulations

(1)

The Lembaga may, with the approval of the Minister, make such regulations as may be expedient or necessary for the better carrying out of the provisions of this Act.

(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;

Lembaga Pembangunan Industri 53

Pembinaan Malaysia

(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.

Terms defined in s 2

accreditation
Defined · s 2
“accreditation” means a procedure by which the Lembaga or any person authorized by it gives formal recognition that a body or person is competent to carry out a specific task relating to the construction industry;
Open s 2
building
Defined · s 2
“building” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, roof, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, road or bridge, or any structure support or foundation connected to the foregoing and any other erection, as the Minister may, by order published in the Gazette, declare to be a building;
Open s 2
certification
Defined · s 2
“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;
Open s 2
construction industry
Defined · s 2
“construction industry” means the industry related to construction works, including design, manufacturing, technology, material and workmanship and services for purposes of construction; Lembaga Pembangunan Industri 11 Pembinaan Malaysia
Open s 2
construction personnel
Defined · s 2
“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 (f) any other employee in construction industry as may be determined by the Lembaga;
Open s 2
construction workmanship
Defined · s 2
“construction workmanship” means the technique, method or process of construction, which includes the end product of the construction works;
Open s 2
Lembaga
Defined · s 2
“Lembaga” means the Lembaga Pembangunan Industri Pembinaan Malaysia established under section 3;
Open s 2
Minister
Defined · s 2
“Minister” means the Minister for the time being charged with the responsibility for matters relating to works;
Open s 2
standards
Defined · s 2
“standards” has the same meaning as that assigned to it in the Standards of Malaysia Act 1996 and the National Skills Development Act 2006; and
Open s 2
this Act
Defined · s 2
“this Act” includes any subsidiary legislation made under this Act;
Open s 2

Report

Read on from s 38

37. Power to make regulations

Terms defined in s 2

Schedules