Section 63

Air transport, that is, the provision of transportation by air, on a fee or contract basis, of passengers or freight whether by regular services or by private charter, including the over-haul, repair, maintenance and cleaning of aircraft;

Tourism enterprise, that is, any activity involving the business, organization or management of inbound or outbound tours or any travel agency business within the meaning of the Tourism Industry

Act 1992 [Act 482];

Pembangunan Sumber Manusia Berhad 39

Class of Employers

Industry

Telecommunication, that is, the provision of a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy of—

Shipping, that is, the operation of vessels for the transport of freight or passengers overseas or coastwise, including towing services on the high seas or within harbours, the operation of vessels for transport by rivers, canals and other inland waterways including ferries operated across rivers, domestic lakes or within harbours, water taxies, sight-seeing boats, towing or tugboats services on inland waterways, and includes the overhaul, repair, maintenance and cleaning of ships;

Act 612

Class of Employers

Industry

Postal or courier, that is, the delivery of postal articles such as letters, postcards, newspapers, books, documents, pamphlets, patterns or sample packets, small packets, parcels, packages or other articles or things transmissible by post or courier services;

Advertising, that is, the provision of advertising services by advertising agencies to or for clients on a fee or contract basis in various types of media or the conducting of market research work;

Computer services, that is, software development or improvement, the maintenance of software or database, systems integration or networking, contract staffing, facilities management, computer installation or maintenance service, or the provision of advisory service or consultancy;

Training, that is, the business of providing general or specialized training or skills by any body corporate or body of persons but does not include training by the

Government or the Government of any State training providers;

Higher education, that is, the providing of instruction or training on or teaching of a course of study leading to the award of a certificate, diploma or degree upon the successful completion thereof or the providing of distance education, but does not include higher education or distance education provided by educational

Pembangunan Sumber Manusia Berhad 41

Class of Employers

Industry institutions established and managed directly by the Government or the Government of any State or provided by any University or

University College established under the Universities and

University Colleges Act 1971

[Act 30] or the Universiti Teknologi

MARA Act 1976 [Act 173] or the

Politeknik Ungku Omar established under the Politeknik Ungku Omar

Act 1974 [Act 145];

(xiia) Commercial land transport, that is, the provision of land public transport services (excluding railway transport services), terminals, facilities, networks, systems, operations and other services associated with such land public transport or land public transport services, including the provision of public service vehicles and goods vehicles for carrying passengers or goods, namely the bus, charter bus, express bus, feeder bus, mini bus, stage bus, school bus, excursion bus, airport bus, employees bus, airport taxi cab, hire car, limousine taxi cab, taxi cab, and hire drive car for tourists;

(xiib) Railway transport services, that is, the provision of any railway transportation for the public carriage of passenger or goods or both including trains, commuters, monorails, light rail transit systems links and any related railway transportation on a wage, fee or contract basis;

Direct selling, that is, a door-to-door sale or a mail order sale within the meaning of the *Direct Sales and

Anti-Pyramid Scheme Act 1993

[Act 500];

*NOTE—Previously known as the Direct Sales Act 1993 [Act 500]—see the Direct Sales

(Amendment) Act 2010 [Act A1379].

Act 612

Class of Employers

Industry

Port services, that is, the undertaking of all or any work of every description in connection with the management or operation of a port by any private port, inland port or, any company, firm or person authorised by way of licence to undertake such work;

Engineering support and maintenance services, that is, the operation, testing or maintenance of electrical, electronic or software engineering or mechanical systems and equipment, including but not limited to the testing and the commissioning of any new equipment which services are provided to any companies, businesses, factories or public authority;

Research and development, that is, the conducting of research and development activities that includes—

Warehousing services, that is, the provision of a bonded warehouse or any other place licensed for the warehousing of dutiable goods which includes all goods subject to the payment of customs duty and on which duty has not yet been paid;

(Deleted by P.U. (A) 452/2005);

(Deleted by P.U. (A) 452/2005);

Security services, that is, the provision of private security services that includes providing guard and patrol, security consultancy, armoured car or providing advice relating to the security of property, premises, personnel, plant and equipment;

Private hospital services, that is, the provision of treatment or wards to a patient in any premises other than a Government hospital or institution and includes any private maternity home but does not include private nursing home within the meaning of the Private

Healthcare Facilities and Services

Act 1998 [Act 586];

Gas, steam and air-conditioning supply, that is, the collection, supply, distribution or provision of gas, steam and air-conditioning including the distribution of gaseous fuels through a main, the collection and distribution of steam and hot water for heating, energy or other purposes, the distribution of cooled air or chilled water for cooling purposes, and the supply of ice for food and non-food or cooling purposes;

Water treatment and supply, that is, the process of treatment of water from various sources and the supply or distribution of water by various means for domestic and industrial needs;

Act 612

Class of Employers

Industry

Sewerage, that is, any activity i n v o l v i n g t h e p r o v i s i o n , maintencance or operation of sewerage systems or sewage treatment facilities including the collection and treatment of waste water from residential or industrial area that is carried away by any means whatsoever for dumping, disposal or conversion into a non-toxic form purposes;

Waste management and material recovery services, that is, any activity involving the collection, treatment or disposal of solid, liquid or gaseous waste materials which are discarded, rejected, unwanted or abandoned to be reused, recycled, reprocessed, recovered or purified by a separate process including remediation activities and other waste management services;

Production of motion picture, video and television programme, sound recording and music publishing, that is, any business or activity of any description involving—

Information service, that is, the provision and supply of data, knowledge or information to customers for commercial purposes including the provision of data processing and hosting services, web portals services, news agencies and news syndicate services, and related services;

Building and landscape services, that is, any business or activity involving the management, maintenance, upkeeping or cleaning of buildings, landscapes, engine equipment, machinery or other industrial cleanings;

Event management services, that is, any business or activity of any description involving the management, promotion or organization of conventions, business or trade shows, or public or private events;

Early childhood education, that is, the provision of care or early education to the children below six years old by nurseries and kindergartens including the provision of special education for handicapped children at this level but excluding the child care or early education provided by nurseries or kindergardens owned or run by any Federal Government or State Government department or agency, or by any statutory body;

Act 612

Class of Employers

Industry

Health support services, that is, any business or activity involving medical or health laboratory, dialysis centre, physiotherapy or occupational therapy centre, acupuncture, or herbalist and homeopathy services, but excluding—

Franchise, that is, in relation to a franchise business, any kind of business or activity involving a franchise agreement or involving the purchase of the right to sell or distribute specific products, services, information, techniques or intellectual property by a franchisee from a franchisor. The word “franchise” has the meaning assigned to it in the Franchise

Act 1998 [Act 590];

Sale and repair of motor vehicles, that is, the trade or sale, either by wholesale or retail, of any type of motor vehicle or motor vehicle

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Class of Employers

Industry component by a manufacturer, supplier, wholesaler, retailer or an agent and the rendering of services incidental to the sale of the motor vehicle or motor vehicle component or the provision of periodic after sales services, including the maintenance or repair, during or after a motor vehicle or motor vehicle component is sold;

Private broadcasting services, that is, any activity of creating content or acquiring the right to distribute content for radio, television or cable programmes and the broadcasting of the said content to the public;

Driving school, that is, any activity involving the provision of services by a driving school or driving institute;

Veterinary services, that is, the provision of control and healthcare services for farm or pet animals by veterinarians or veterinary personnel which includes—

Hypermarket, supermarket and departmental store services, that is, the sale of items such as groceries, daily necessities, garden produce, meat, confectionery, beverages, d o m e s t i c h a r d w a r e a n d toilet requisites, menswear, womenswear, children’s wear and any other types of apparels, electrical goods, furniture or any other goods for sale;

Food and beverage services, that is, any business or activity of any description involving food or drink provision services for customers or for an event (but excluding food and beverages manufacturing activities).