Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 · Updated to 1 Dec 2017 · Part II · The Lembaga
4. Functions of the Lembaga
Official textFrom Laws of Malaysia Online, unchanged
The functions of the Lembaga shall be—
Lembaga
“Lembaga” means the Lembaga Pembangunan Industri Pembinaan Malaysia established under section 3;
to promote and stimulate the development, improvement and expansion of the construction industry;
to advise and make recommendations to the Federal
Government and the State Government on matters affecting or connected with the construction industry;
to promote, stimulate and undertake research into any matter relating to the construction industry;
to promote, stimulate and assist in the export of service relating to the construction industry;
to provide consultancy and advisory services with respect to the construction industry;
to promote and encourage quality assurance in the construction industry;
to regulate the conformance of standards for construction workmanship and materials;
to obtain, publish, initiate and maintain information relating to the construction industry including the establishment of a construction industry information system;
to provide, promote, review and coordinate training in the construction industry;
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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;
to register, accredit and certify construction personnel and to revoke, suspend or reinstate the registration, accreditation and certification of such construction personnel;
to regulate the implementation for quality and safe construction works;
to regulate the implementation of Industrialised Building
System in the construction industry; and
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.
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—
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;
to give formal recognition and written assurance including awarding certificate for the purpose of certification;
with the approval of the Minister and Minister of Finance—
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;
to acquire shares or securities in any public authority, corporation or other body and to dispose of or hold such shares or securities;
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;
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;
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;
to commission any person or body to carry out research or development, or both, relating to the construction industry;
to impose fees or any other charges as it deems fit for giving effect to any of its functions or powers;
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.
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such commissions or payments as may be agreed upon with any person; and
to do such other things as it deems fit to enable it to carry out its functions and powers effectively.
The Second Schedule shall apply to every corporation established by the Lembaga under subparagraph (2)(c)(iii).
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.
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;
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;
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;
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
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;
construction workmanship
Defined · s 2“construction workmanship” means the technique, method or process of construction, which includes the end product of the construction works;
construction works
Defined · s 2“construction works” means the construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling, or demolition of— (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);
Lembaga
Defined · s 2“Lembaga” means the Lembaga Pembangunan Industri Pembinaan Malaysia established under section 3;
Minister
Defined · s 2“Minister” means the Minister for the time being charged with the responsibility for matters relating to works;
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
training
Defined · s 2“training” includes preparing or undergoing certain process to upgrade a person’s skill and knowledge in relation to construction industry;
Part III
Chairman, Officer, Servants
Part IV
Finance
Part V
Other Powers of the Lembaga
Part VI
Registration and Accreditation of Contractors
Part VII
Registration, Accreditation, Certification and Training of Construction Personnel
Part VIII
Levy
Part IX
Enforcement and Investigation
Part X