Malaysia legislation
Section 1995
of SMALL AND MEDIUM ENTERPRISES CORPORATION MALAYSIA ACT 1995
Section 1995
Change in short title vide section 3 of the Small and Medium Industries Development
Corporation (Amendment) Act 2009 [Act A1358] w.e.f. 2 October 2009—see P.U. (B) 402/2009.
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Act 539
“company” means a company incorporated under the *Companies
Act 2016 [Act 777] and includes a business registered under the
Registration of Businesses Act 1956 [Act 197];
“Corporation” means the Small and Medium Enterprises
Corporation Malaysia established under section 3;
“Council” means the National Small and Medium Enterprises
Development Council established under section 2a;
“Fund” means the Small and Medium Enterprises Development
Fund established under section 19;
“Minister” means the Minister responsible for **entrepreneur development;
“small and medium enterprises” means enterprises as may be determined by the Council.
Part Ia
THE COUNCIL
Establishment of the Council 2a. (1) A body to be known as the “National Small and Medium
Enterprises Development Council” is established.
(2)
The objective of the Council is to ensure the comprehensive and co-ordinated development of small and medium enterprises across all sectors of the economy.
Composition of the Council 2b. (1) The Council shall consist of the following members:
(a)
the Prime Minister as the Chairman;
(b)
the Minister;
*NOTE–This Act has replaced the Companies Act 1965 [Act 125]—see subsection 620(1) of Act 777.
**NOTE–See the Ministers of the Federal Government (No. 3) Order 2021 [P.U. (A) 383/2021].
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(c)
the Minister of Finance;
(d)
the Minister responsible for agriculture and *food industries, or his representative;
(e)
the Minister responsible for human resources, or his representative;
(f)
the Minister responsible for science, technology and innovations, or his representative;
(g)
the Minister responsible for rural and regional development, or his representative;
(h)
the Minister responsible for higher education, or his representative;
(i)
the Minister responsible for tourism, or his representative;
(j)
the Minister responsible for domestic trade *and consumer affairs, or his representative;
(k)
the Minister responsible for plantation industries and commodities, or his representative;
(l)
a Minister in the Prime Minister’s Department, or his representative;
(m)
the Minister of the State Government of Sabah responsible for development and industry in Sabah, or his representative;
(n)
the Minister of the State Government of Sarawak responsible for development and industry in Sarawak, or his representative;
(o)
the Chief Secretary to the Government, or his representative;
(p)
the Director General of the Economic Planning Unit of the Prime Minister’s Department, or his representative;
and
*NOTE–See the Ministers of the Federal Government (No. 3) Order 2021 [P.U. (A) 383/2021].
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Act 539
(q)
the Governor of Bank Negara Malaysia, or his representative.
(2)
In addition to the persons mentioned in subsection (1), the Chairman may appoint the following persons as members of the Council:
(a)
a representative from the association related to the small and medium enterprises;
(b)
a representative from the manufacturing sector;
(c)
a representative from the services sector;
(d)
a representative from the agriculture sector; and
(e)
such number of other persons.
(3)
The members referred to in paragraphs (2)(a), (b), (c), (d)
and (e)—
(a)
shall be appointed by the Chairman for a term not exceeding two years; and
(b)
shall be eligible for reappointment upon expiry of his term of office.
(4)
The Corporation shall act as Secretariat to the Council.
Functions of the Council 2c. (1) The Council shall have the following functions:
(a)
to formulate broad policies and strategies to facilitate the overall development of small and medium enterprises across all sectors of the economy;
(b)
to review the roles and responsibilities of Government ministries and agencies in relation to the development of small and medium enterprises across all sectors of the economy;
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(c)
to enhance co-operation and co-ordination, as well as to guide Government ministries and agencies to ensure effective implementation of development policies and action plans for small and medium enterprises across all sectors of the economy;
(d)
to encourage and strengthen the role of the private sector in supporting the overall development of the small and medium enterprises across all sectors of the economy; and
(e)
to perform any other functions conferred upon the Council under this Act.
(2)
The Council may, from time to time, give directions to the
Corporation which are consistent with the provisions of this Act and the Corporation shall give effect to such directions.
(3)
The Council may perform any other function that is incidental or consequential to any of the functions specified in subsection (1) and do all such things as may be necessary or expedient for carrying out its functions under this Act.
(4)
The Council shall meet as and when a meeting is convened by the Chairman of the Council but not less than once a year.
(5)
The Council may determine its own procedure.