Malaysia legislation
Section 83
Section 83
(1)
The Minister may make such regulations as may be necessary or expedient for the purpose of carrying into effect the provisions of this Act.
(2)
Without prejudice to the generality of subsection (1), such regulations may prescribe—
(a)
all matters relating to committees which include the procedure to be followed by such committee;
(b)
all matters relating to other expenses and expenditure as may be permitted to be expended from the Fund;
(c)
the amount of the Fund authorized to be expended for the purpose of expenditure on the administration of the Scheme;
(d)
the costs and fees payable in relation to any proceedings before the Tribunal;
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(e)
the manner and procedure of any proceedings before the
Tribunal;
(f)
the determination the actuarial present value of periodical payments;
(g)
the establishment of hospitals, dispensaries and other institutions, and the allotment of self-employed insured persons to any such hospital, dispensary, clinic or other institution;
(h)
all matters relating to benefit purposes which includes as follows:
(i)
matters in respect of self-employment activity including the rate of contribution for each industry;
(ii)
the calculation and determination of coverage period for each industry;
(iii)
the manner of registration and payment of contribution by a self-employed person;
(iv)
the certification of disability and eligibility for any benefit or facility under this Act;
(v)
the manner for assessing any cash benefit under this
Act including the method of calculating cash benefit;
(vi)
the manner for assessing of the value of any benefit or facility which is not cash benefit and its reimbursement;
(vii)
the method of calculating the amount of cash benefit or travelling and other allowances payable, and the circumstances in which and the extent to which commutation of disablement benefits may be allowed and the method of calculating the commutation value;
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(viii)
the manner and conditions under which any benefit may be suspended;
(ix)
the conditions to be observed by a self-employed insured person while in receipt of any benefit under this Act including the requirement of medical examination of such person;
(x)
the manner for adjusting the disablement benefit payable in respect of successive accidents or the conditions for the receipt of the benefit in any case where the disablement benefit has been commuted into a lump sum;
(xi)
the manner of determination of entitlement for benefit which the self-employed insured person is entitled under the Employees’ Social Security Act 1969 and this Act;
(xii)
the manner of the appointment of a medical assessor;
(xiii)
the manner of the appointment and duty of a medical officer and the form of medical certificate;
(i)
any other matter to be prescribed under this Act.
(3)
Any regulations made under this Act may prescribe for any act or omission in contravention of the regulations to be an offence and may prescribe for penalties of a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding two years or both for such offence.
(4)
Notwithstanding subsections (1) and (2), the Minister may apply any regulations made under the Employees’ Social Security Act 1969 for the purposes of this Act subject to such conditions and amendments which are not inconsistent with this Act.
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Power to amend Schedule