Akta 272

who has attained the age of sixteen years;

who has entered intg a contract of service or apprenticeship, whether written or oral and whether expressed or implied, to work for an employer|in a scheduled employ-ment;

who has worked for the same employer in such scheduled occupation for a continuous period of not less than three months; and ww

“cc emp app sta

‘

i fund

]

High

. Their ith the icil as dloyees ae into ay, by

High is for erwise

' other by an

‘clared nee to me in t with

State hether cision final ;

Fund nance;

aX8 ;

rice or r oral

> work nploy-yer in inuous s: and ma PROVIDENT FUND.

whose wages} do not exceed four hundred dollars a month:

Provided that where, after an employde becomes liable to pay contribu-

‘tions aS provided in section 7 of this

Ordinance, the wages of such employee are increased and exceed four hundred dollars! a month, such employee shall not, by reason only of such increase, cease to be an employee, but his wages shall, for all purposes of this Ordinance, be deemed to be four hundred dollars a month;

“employer”? means the person with whom an employee has entered into a contract of service or apprenticeship and includes—

a manager, agent or person responsible for the payment of salary or wages to an

“employee” :

any body of persons whether or not statutory or incorporated; and

. (c) the Government of the Federation or of any

State or Settlement, any Municipality,

Harbour Board, or the Central Electricity

Board, land, where an employee is employed with such Government or body or with any officer on behalf of such Government or body, the officer under whom such employee is working shall be deemed to be an

“employer” :

Provided that no such officer shall be personally liable under this Ordinance for anything done or omitted to be done by him, as an officer of such Government or Hody, in good faith;

“normal period of work’’ means the number of hours stated or implied in an employee’s contract of service or apprenticeship to be the normal number of hours of work per week, or for any day in the week, to be performed by him;

““Postmaster-General’? means the Postmaster-General, Malaya;

“scheduled employment” means an employment specified in the First Schedule to this Ordinance;

Establish-ment of

Employees

Provident

Fund Board.

128 No. 2 or 1951.

‘wages’? means the r¢muneration in money due to an employee under his contract of service or apprenticeship, whether |agreed to be paid monthly, weekly, daily or otherwise—

in respect of the normal periods of work to be performed by the employee; or

where payment ig calculated in relation to a set task or tasks, in respect of the number of tasks completed by the employee; or

where payment is calculated in relation to the volume of work done, in respect of the work completed by the employee;

together with any allowance payable by the employer to the employee in respect, either explicitly or impliedly, of high cost of living.

six persons holding office of emolument under the Government of the Federation, one of whom shall be the Postmaster-General ;

six persons representing employers not being persons holding |office of emolument under the Government bf the Federation or of a

State or Settlemdnt or employed with any

Municipality, arbour Board or the

Central Electricijy Board; and

six persons representing employees, to be appointed by the High ommissioner in Council and the persons so appointed shall elect one of their number to be Chairman of the Board.

The Postmaster-General shall perform such duties as are imposed on him| by this Ordinance and as may be assigned to him by jthe Board.

Members of the Board shall not be entitled to any remuneration but may be paid such travelling and subsistence allowances as may! be fixed by the Board with the approval of the High Commissioner in

Council.

The Board shall be a body corporate and shall, by the name of ‘‘The Employees Provident Fund

Board,” have continuous succession and shall have and use a common seal.

The Board shall have such powers and shall perform such duties as are given or imposed by this

Ordinance or as may be prescribed by the High

|

i

Commi writing all or ¢

the cor

all m«

in tru shall provi:

Fund.

and ¢

after first «

Pr

(

(4

has prov suct gen the res}

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1 the the oyer

~ or here ader e of eine ader of a any the meil heir such and d to and yard

> in hall,

‘und have shall this

Tigh

EMPLOYEES PROVIDENT FUND, 129

Commissioner in Counéil, and may by instrument in writing under the common seal delegate to any person all or any of such powers and duties.

The Board shall have powers to make rules for the conduct of its proceedings.

4, (1) For the purposes of this Ordinance there shall be a fund to be called the Employees Provident Fund, hereinafter referred to as the Fund, into which shall be paid all contributions required to be made under this Ordinance and out of which shall be met all payments required to be paid under this Ordinance.

The Board shall be the Trustee of the Fund and all monies belonging to the Fund shall be deposited in trust in a bank or banks approved by the Board or shall be invested by the Board in accordance with the provisions of the Trustee Ordinance, 1949.

Interest shall be payable on contributions to the

Fund at such rate per annum, not being less than two and one half per centum, as the Board may declare after and in respect of each year ending on the thirty-first day of December: |

Provided that— i

Where any deficiency in the assets of the Fund has been met, in accordance with paragraph (c) of the proviso to sub-section (3) of this section, the amount of such deficiency shall be; repaid by the Board to the general revenues of the Federation from the assets of the Fund at the end of the year following the year in respect of which such deficiency was met and shall then be a first charge upon the assets of the Fund.

|

Establish-ment of

Provident

Fund,

No. 66 of 1949.

PaaS

Expenses,

Statement of accounts.

Rate of contribu-tions.

130 No. 21 be 1951.

All expenses incurred in connection with the appointment of inspectors as provided by section 19

of this Ordinance and, generally, in carrying this

Ordinance into effect shall be payable out of the general revenues of the Federation.

If any. question arises as to whether any

‘expenses are incurred in connection with the adminis-tration of the Fund or in carrying this Ordinance into effect, such question shall be decided by the High

Commissioner in Council, whose decision shall be final.

As soon as practicable after the first day of

January of each year, the Postmaster-General shall submit to the Board, an-account of the revenue and expenditure of the Fund, of contributions received and of withdrawals made and of interest credited to contributors, during the preceding year ending on the thirty-first day of December, together with a statement of the assets and liabilities of the Fund and such account and statement together with the Director of

Audit’s report thereon, shall be laid before the

Legislative Council and published in the Gazette.

Without prejudice to the provisions of sub-section (1) of this section, an employer and an employee may, at any time, by mutual agreement, elect each to pay equal monthly contributions at a rate which exceeds the rate respectively set out in the Second

Schedule to this Ordinance by one dollar or a multiple of one dollar.

. the t of the 119

this eral any cnis-into ligh nal.

ited who

7 of hall and ived d to the tent such t of the this fa this ions

Jule and ose, of sub-yee sach ich ond iple

Notice of such ele¢tion shall be given to the

Board in such manner and form as may be prescribed by the Board and where anly such notice has been given the provisions of this Ordinance shall, in respect of the employer and employee who have elected as afore-said, apply as if the rat eof contribution which such employer and employee haye elected to pay, were the rate respectively set out in the Second Schedule to this Ordinance.

If an employer deducts or attempts to deduct from the wages or other remuneration of any employee the whole or any part of the employer’s contribution, he shall, on conviction, be liable to a fine not exceeding one hundred dollars in respect of each such employee.

The amount of any contribution payable by the employer on behalf of the employee shall, notwith-standing the provisions of any written law or any contract to the contrary, be so recoverable by means of deductions from the wages of the employee due from the employer to the employee and not otherwise.

No deduction of any contribution shall be made as provided by sub-section (2) of this section—

Any employer who contravenes the provisions of sub-section (2) or (8) of|this section shall on conviction be liable to a fine not|exceeding five hundred dollars.

The Postmaster-General employee with the amount of contributions paid in his respect by the employer on his pwn behalf and on behalf of such employee and, at the end of each quarter, with the interest on subh amount in such manner as the Board shall direct.

the employee has died; or

the employee has attained the age of fifty-five years; or

on medical evidence, the employee is no longer capable of being, and ib not likely to be again, an employee; or

the employee is about to l¢ave Malaya with oy no intention of returning thereto; or period of at least two years and it is not likely that he will again be an employee :

Provided that where the number of monthly contributions paid under this Ordinance in respect of an employee is less than sixty, the lauthority of the

a person has ceased to be employee for a shall credit each |

Boa star sub-amc inte whe or |

be, per:

the fort wit:

emy amc inte

$

to }

treé for em}

this fro)

any wit con the nay ryer the ich

| be ons on red ion aall one unt aid the ach his on —

ach ich of ept my

21

ven five ger be

‘ith

EMPLOYEES PROWIDENT FUND.

Board for the withdrawal jof money in the circum-stances mentioned in paragraphs (d) and (e) of this sub-section shall be limited to a sum not exceeding the amount of the contributions |of such employee and the interest thereon :

Provided further that, in|

the case of an employee who immediately before being about to leave Malaya or before ceasing to be an employee, as the case may be, had been employed by ype same employer for a

Ss period of at least five year the five years immediately f force of this section, at its withdrawal of the amount employer and the interest tl amount of contributions of interest thereon.

When a person withdr to his credit in the Fund, h treated as an employee, nd for the provisions of this su employee, for the purposes

no sum deducted employee under nance ;

no amount payable contribution ; and|

Any employer or group of employers who, after the date on which this section comes into force, proposes to establish a provident fund or other scheme for the benefit of all or a group of his or their employees shall furnish the Board with such parti-culars of that proposed provident fund or other scheme as the Board may require and, if after examining such particulars the Board is satisfied that such provident fund or other scheme will prdvide for an employee benefits more advantageous to him than the benefits which are provided for an employee by the Fund, the

Board may declare such provident fund or other scheme to be an approved fund; and, if the Board so declare, contributions to the Fu d shall, from a date to be fixed by the Board, cease fo be payable both by the employees for whose benefit such approved fund is established and by the employer jor employers of such employees in respect of such employees.

Where, either-by reason 0 the transfer of an employee to an employment in respect of which an approved fund exists or in the cireumstances described

\

l

Ti t]

a, tn mR AH ero OY yw the uid or such shever aid to ys so m the

; who, force, ne for rloyees sh the

; fund in any g such vident enefits which

Board eme to are, no by the od has yers of

1, after force, scheme

> their parti-scheme ig such ovident aployee benefits nd, the

> other oard so a date both by fund is of such r of an rich an ascribed in sub-section (2) of] this section, contributions in respect of an employe¢ cease to be payable to the Fund, the amount standing] to the credit of such employee shall remain in the Fund to such employee’s credit.

Where an approved fund is wound up, or where an employee transfers from an employment in respect of which an approved fund exists to some other employ-ment, the amount standing to each employee’s credit, or to such employee’s| credit, in such approved fund that represents contributions to such approved fund since the date on which section 7 of this Ordinance comes into force and any interest thereon shall, notwithstanding anything to the contrary contained in any other written| law, be transferred by the employer to the Fund, and the Postmaster-General shall credit each such! employee, or such employee, with such amount, in such manner as the Board shall direct.

An employer who has established an approved fund shall— | .

The Board may, if not satisfied with the management of any approved fund, revoke any declaration made under svb-section (1) or sub-section

of this section, and upon such revocation, the amount of the contributiohs paid since the date on which section 7 of this Ordinance comes into force both by the employer and by his employees shall, not-withstanding anything to the contrary contained in any other written law, be transferred to the Fund in such manner, and the Postmaster-General shall credit each such employee with such part of such amount, as the Board may direct. \

136 No. or 1951.

An employer shall\be subject to the same penal-ties in respect of any \deductions or contributions under the rules of an approved fund as are provided ‘

by this Ordinance in respect of deductions and contri- :

butions relating to the Fund.

Any employer who fails to comply with any requirement or direction| of the Board under this section, or who effects an amendment to the rules of, an approved fund without the sanction mentioned in paragraph (6) of sub-section (5) of this section, shall be guilty of an offence and shall, on conviction, be liable to'a fine not exceeding three thousand dollars.

Where in the circumstances mentioned in sub-sections (4) and (6) of this section, any amount of contributions paid since thé date on which section 7

of this Ordinance comes into force is transferred to the Fund, the employer and the employee concerned may, by mutual agreement,| elect to transfer to the

Fund also such amount stantling to the credit of the employee in an approved und as represents the contributions paid to such fund before the date on which section 7 of this Ordinance comes into force.

Notice of such election shall We given to the Board in such manner as may be prescribed by the Board, and if the Board approves such tr nsfer, the Postmaster-General shall credit the employee with the amount so transferred to the Fund. ;

- Cig pro.

Proceedings for‘the summary recovery as civil debts of any contribution may, otwithstanding any-thing in any written law to the\contrary, be brought at any time, within threeyears from the date when the contribution becomes due.

Proceedings for the summary recovery as civil debts of contributions may be instituted by any officer~

authorised in that behalf by i special or general directions of the Chairman of the Board and any such officer may conduct such proceedings.

Conduct of 18. (1) Prosecutions in respect of any offence prosecutions against the provisions of this Ordinance or of any may be conducted ces by bodies regulations or rules made thereund in that behalf by corporate. hy any officer authorised in writin the Chairman of the Board.

il-ns ed 1+

oy iis of.

in ill be on in id re so li-be il ht on er al ch ce iy ad xy

Where an offence under this Ordinance which has been committed by a bedy corporate is proved to have been committed with tHe consent or connivance of any director, manager, secrdtary or other officer of the body corporate, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

The Commissioner for| Labour and any Deputy

Commissioner for Labour, |Assistant Commissioner for Labour or Labour Officet may exercise any or all of the powers of an Inspector.

Subject to any regulations made under section 20 of this Ordinance, an Inspector may at any reason-able time and within the local limits for which he is appointed—

Every Inspector appointed under sub-section (1)

of this section shall be deem ed to be a public servant within the meaning of the P enal Code.

Appointment and powers of Inspec-tors.

F.M.S. Cap.

45, F. of M,

No. 32 of

Any person who obstqucts any Inspector or any of the officers mentioned in sub-section (2) of this section in the performance| of his duties under this

Ordinance shall be liable to\imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both such imprisonment and fine.

Power of 20. The High Commissioner in Council may, after

High Com. seeking the advice of the Board, make regulations—

Council to make regula-

“ons: collection of contributions and any matters incidental thereto ;}

to prescribe the'procedure to be followed when :

ng one contributions are deposited by the employer credit in the Fund; ;

\ i nay be (hk) to provide, in |cases where an employee is ;

uction employed concurrently by two or more :

due on employers, the extent of the obligation of 2c has such employers as to payment of coptribu-tions under this Ordinance; |

YS EES Ra ee ek ee

Power of

High Com-missioner in

Council to amend the

First

Schedule.

No. 47 of 1950.

140 No..\21 oF 1951.

to prescribe the returns to be made by employers, ahd the forms and registers to be used, in| the carrying out of the provisions of this Ordinance; and

to prescribe atything which under this

Ordinance may be prescribed by the Board.

22, (1) The High Comimissioner in Council may, after seeking the advice of the Board, amend, by order, the First Schedule to this Ordinance.

Any order made under this section shall be laid on the table of the Legislative Council, and shall not come into force until such date as may be specified in a resolution of the Legislative Council approving such order.

First ScHERULE.

(Section 2.)

where ten or more empldyees are employed; and

in which any manual labgur is exercised by way of trade or for purposes df gain in or incidental to any of the following purposes, namely—

the making of aby article or of part of any article; or