Employees Provident Fun Act 1991 Act 452 - 1may2020
Employees Provident Fun Act 1991 Act 452 - 1may2020
Employees Provident Fun Act 1991 Act 452 - 1may2020
Act 452
PREVIOUS REPRINTS
First Reprint ... ... ... ... 2001
LAWS OF MALAYSIA
Act 452
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
PART II
PART III
THE FUND
PART IIIA
PART IV
PART V
40. (Deleted)
41. Duty of employer to register with the Board
42. Duty of employer to prepare and furnish statement of wages
43. Rate of contributions
43A. Election for account of member of the Fund to be managed according to
Shariah
44. Remittance of funds in connection with retirement
44A. Adding up credit into the account of a member of the Fund
45. Payment of contributions
46. Joint and several liability of directors, etc.
47. Employer’s contribution irrecoverable from employee
48. Recovery by employer of employee’s contribution
6 Laws of Malaysia ACT 452
Section
PART VA
53A. Transfer of credit of a member of the Fund in accordance with the division
of matrimonial assets order
53B. Withdrawal of the transferred amount
PART VI
WITHDRAWAL OF CONTRIBUTIONS
PART VIA
TAKING UP OF INSURANCE POLICY BY MEMBER
OF THE FUND
Section
PART VII
OFFENCES AND PROCEEDINGS
PART VIIA
MEMBER OF THE FUND WHO IS NOT A MALAYSIAN
CITIZEN
70A. Application
70B. (Deleted)
70C. Withdrawal from the Fund
8 Laws of Malaysia ACT 452
Section
70D. Nomination
70E. Other provisions continue to apply
70F. Credit return
70G. Cessation of liability to contribute
70H. Cessation of dividend payments and transfer to Registrar of Unclaimed
Money
PART VIII
PART IX
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE (Deleted)
FIFTH SCHEDULE
SIXTH SCHEDULE
SEVENTH SCHEDULE
11
LAWS OF MALAYSIA
Act 452
PART I
PRELIMINARY
(2) This Act shall come into force on such date as the Minister
may, by notification in the Gazette, appoint.
Interpretation
“house” means any dwelling house built or being built and includes
a flat, condominium or shophouse built or being built for the purpose
Employees Provident Fund 15
“member of the Fund” means a person who has an account and credit
with the Fund;
“new scheme” means the revised salaries and terms and conditions
of service of employees in the service of the Government of Malaysia
or of any State or of a statutory or local authority arising from the
revision of salaries and terms and conditions of service of such
employees made by the Government of Malaysia or of any State;
(c) gratuity;
PART II
3. For the purposes of managing the Fund and for carrying into effect
the purposes of this Act, a body corporate by the name of “Employees
Provident Fund Board” is established with perpetual succession and a
common seal, and which may sue and be sued in its corporate name and,
subject to and for the purposes of this Act, may enter into contracts and
may acquire, purchase, take, hold and enjoy movable and immovable
property of every description and may convey, assign, surrender, yield
up, charge, mortgage, demise, reassign, transfer or otherwise dispose of,
or deal with any movable or immovable property or any interest therein
vested in the Board upon such terms as it deems fit.
(a) a Chairman;
(iv) not more than five shall be persons who shall have
knowledge or experience in finance, business,
economy, social security or other relevant
knowledge or experience.
Alternate members
Tenure of office
Vacation of office
(3) The Board shall have powers to determine the conduct of its
proceedings.
(2) Where the Chairman is also the chief executive officer, he shall
have no vote in his capacity as the chief executive officer.
11. The Minister may give to the Board directions of a general nature
not inconsistent with the provisions of this Act as to the exercise of the
functions and powers of the Board and the Board shall give effect to
those directions.
12. The Board shall furnish the Minister with such information
relating to its activities as he may, from time to time, require.
Authentication of seal
13. All deeds, documents and other instruments requiring the seal of
the Board shall be sealed with the common seal of the Board in the
Employees Provident Fund 21
presence of the Chairman and the chief executive officer, or either the
Chairman or the chief executive officer and one other member of the
Board or any two other members of the Board, and any deed, document
or instrument purporting to be sealed with the common seal of the
Board and so authenticated shall until the contrary is proved, be
deemed to have been validly executed:
Provided that where the Chairman is also the chief executive officer
the common seal of the Board shall be sealed in the presence of the
Chairman and one other member of the Board or any two other
members of the Board.
14. (1) The Board shall have such powers and shall perform such
duties as are given or imposed by this Act.
(2) The Board may, by instrument under its seal, appoint any
person and delegate to such person whether in Malaysia or any place
outside Malaysia all or any of such powers and duties of the Board and
the person so appointed may, subject to the instrument, do any act or
exercise any power or carry out any duty which he is authorized by the
instrument to do or execute.
(3) The Board may employ and pay agents, advocates and
solicitors, bankers, stockbrokers or any other persons, to transact any
business or do any act required to be transacted or done in the exercise
of its powers or in the carrying out of its duties or for the better carrying
into effect of the purposes of this Act.
15. (1) The Board may establish and manage a general reserve and
other reserve accounts.
(2) The payment into and out of the reserve accounts shall be
determined by the Board.
22 Laws of Malaysia ACT 452
16. Notwithstanding any other provisions of this Act, the Board may
appoint any person or establish any committee in respect of any matter
relating to the management and administration of the Fund.
17. The Board may grant loans and make advances to its officers and
servants on such terms and conditions as the Board may determine.
Vacation of office
(2) Where the Chairman is also the chief executive officer and he
is appointed to be the Chairman of the Investment Panel, he shall have
no vote in his capacity as the chief executive officer.
24 Laws of Malaysia ACT 452
(d) a bankrupt.
Disclosure of interest
23. (1) Every member of the Board or the Investment Panel, having
directly or indirectly by himself, his spouse or children, any interest in
any matter under discussion by the Board, the Investment Panel or any
committee of which he is a member, shall disclose to the Board, the
Investment Panel or committee, as the case may be, the fact of his
interest and the nature thereof as soon as practicable after the relevant
fact has come to his knowledge.
23C. (1) The Board may appoint such number of persons, which
shall not be less than three, from amongst persons who are qualified in
Shariah, or who have knowledge or experience in Shariah and in
banking, finance, law or such other related disciplines, as members of
the Shariah Advisory Committee.
23D. (1) The Board and the Investment Panel shall refer to the Shariah
Advisory Committee any matter relating to Shariah and any matter
which requires the ascertainment of Shariah principles by the Shariah
Advisory Committee relating to the accounts of the members of the
Fund whose elections under section 43A have come into effect.
PART III
THE FUND
24. (1) For the purpose of this Act there shall be established a fund
to be called the “Employees Provident Fund”, into which shall be
paid—
Employees Provident Fund 27
(f) repaying any moneys borrowed under this Act if any, and
the interest due thereon; and
(g) generally paying any expenses for carrying into effect the
provisions of this Act and in connection with the
administration of the Fund.
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26. (1) The Board may subject to subsection 18(2), invest moneys
belonging to the Fund in the following manner:
(2) The Board may with the written approval of the Minister, invest
moneys belonging to the Fund in the following manner:
NOTE─The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016
[Act 777] which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.
30 Laws of Malaysia ACT 452
“share” means paid-up shares (whether fully paid or not) in the share
capital of a company and includes stocks and rights to subscribe for
any stocks and shares.
NOTE─The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016
[Act 777] which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.
32 Laws of Malaysia ACT 452
26B. (1) Subject to any variation which the Minister may make
under subsection (2), the Board shall invest or re-invest at least fifty
per centum of the moneys belonging to the Fund and invested or
reinvested during any one year, in securities issued by the Government
of Malaysia, provided that the total amount of moneys so invested in
such securities at any one time shall not be less than seventy per
centum of the Fund’s total investments.
(2) The Minister may, upon the application of the Board, vary the
percentage specified in subsection (1).
26C. (1) The Board may, in exercising the investment powers under
this Act, from time to time, with the special approval of the Minister—
NOTE─The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016
[Act 777] which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.
34 Laws of Malaysia ACT 452
Declaration of dividend
27. (1) At or after the end of the financial year, being the 31st
December of each year, the Board shall, with the approval of the
Minister, declare a dividend on contributions to the Fund in respect of
that year—
(a) unless the Board is satisfied that the ability of the Fund to
meet all payments required to be paid under this Act is
not endangered by the declaration of such rate; and
28. If the Fund is at any time unable to pay any sum which the Fund
is required to pay under this Act, the sum required to be so paid shall
be charged on and advanced to the Fund from the Federal Consolidated
Fund and the Fund shall as soon as practicable repay to the
Government of Malaysia the sum so advanced.
PART IIIA
(2) Where the Board has authorized the transfer of a sum of money
standing to the credit of such member under subsection (1)—
36 Laws of Malaysia ACT 452
PART IV
30. (1) The Minister shall appoint a fit and proper person, on such
terms and conditions as he may determine, as chief executive officer,
who may be designated by any name as determined by the Board.
(4) The chief executive officer shall, subject to the direction of the
Board on matters of policy, be charged with the day to day
administration and management of the affairs of the Board and the
administrative control of its officers and servants.
Employees Provident Fund 37
(5) Subject to sections 31 and 33, it shall be the duty of the Board
to appoint, confirm, emplace on the permanent or pensionable
establishment, promote, transfer and exercise disciplinary control over
its officers and servants.
(6) The Board may delegate to any member of the Board, officer
or to any committee, comprising of such members or officers or both
such members and officers, appointed by it, any of its functions under
subsection (5) and that member, officer or committee shall exercise
those functions under the direction and control of the Board.
Imposition of surcharge
32. (1) If the Board is satisfied that any person who is or was in the
employment of the Board—
(2) The Board shall cause the chief executive officer to be notified
of any surcharge made under subsection (1) and the chief executive
officer shall thereupon notify the person surcharged.
(3) The Board may at any time withdraw any surcharge in respect
of which a satisfactory explanation has been received or if it otherwise
appears that no surcharge should have been made, and the Board shall
40 Laws of Malaysia ACT 452
(4) The amount of any surcharge imposed under subsection (1) and
not withdrawn under subsection (3) shall be a debt due to the Board
from the person against whom the surcharge is imposed and may be
sued for and recovered in any court at the suit of the Board and may
also be recovered by deduction—
34. (1) The Board may appoint such number of Inspectors as it may
consider necessary for the purposes of this Act from any officer and
servant appointed under subsection 30(3) and such appointment shall
be published in the Gazette.
(4) The chief executive officer shall have all the powers of an
Inspector.
(5) The Board may, in writing, vests in any officer of the Board
who is not appointed as an Inspector under subsection (1) all or any of
the powers, functions and duties of an Inspector.
Employees Provident Fund 43
(1A) For the purpose of this section, an Inspector shall include any
officer who is vested with the powers of an Inspector.
Provided that such person may refuse to answer any question the
answer to which would have a tendency to expose him to a criminal
charge or penalty or forfeiture.
38. (1) For the purpose of obtaining full information for ascertaining
whether any person is liable to pay contributions under this Act, the
chief executive officer may by notice in writing require any person—
(2) Any person who fails to comply with subsection (1) shall be
guilty of an offence.
(a) to search the premises and to break open and search any
cupboard, drawer, chest, trunk, box, package or other
receptacle, whether a fixture or not, in the premises; and
39. (1) (a) The chief executive officer may make a request to the
Inspector General of Police or the Director General of
Immigration for any person to be prevented from
leaving Malaysia without paying any moneys payable
to the Fund in respect of which an order of the court has
been obtained, unless and until he pays all the amounts
payable to the Fund or furnishes security to the
satisfaction of the chief executive officer for their
payment.
PART V
41. (1) Every employer shall, unless he is already registered with the
Board, before the end of the first week in the first month in which he
is paying wages in respect of which he is required to pay contributions
under this Act, register with the Board in the manner as may be
prescribed by the Board.
42. (1) Every employer shall prepare and furnish statement of wages
to each and every employee and the statement of wages shall contain
such information as may be prescribed by the rules.
(2) Every employer shall prepare and keep one or more registers
containing such information as may be prescribed by the rules and such
register shall be kept for such period that every particular recorded
therein shall be available for inspection for not less than six years after
the recording thereof.
Rate of contributions
43. (1) Subject to section 52, every employee and every employer
of a person who is an employee within the meaning of this Act shall be
liable to pay monthly contributions on the amount of wages for the
month at the rate respectively set out in the Third Schedule.
(2) Any person being an employer who fails, within such period as
may be prescribed by the Minister, to pay to the Fund any contributions
which he is liable under this Act to pay in respect of or on behalf of
any employee in respect of any month shall be guilty of an offence and
shall, on conviction, be liable to imprisonment for a term not exceeding
three years or to a fine not exceeding ten thousand ringgit or to both.
Provided that where any such contribution has been received it shall
be paid into the Fund in accordance with section 50.
43A. (1) A member of the Fund may elect for all amount standing
to the credit of his account to be managed according to Shariah subject
to any terms and conditions as may be prescribed by the Board.
(2) The election under subsection (1) shall be made in such manner
as may be prescribed by the Board and the election shall take effect
from the date as determined by the Board.
(3) The Board shall notify the effective date of the election
determined under subsection (2) to the member of the Fund not less
than seven days before the effective date.
(4) The member of the Fund may, before the effective date of the
election determined under subsection (2), revoke his election in such
manner as may be prescribed by the Board.
(5) After the election made under subsection (1) is effective, the
Board shall segregate the account of such member of the Fund from
other accounts of the members of the Fund—
(a) who have not made the election under subsection (1); and
(b) who have made the election under subsection (1) but the
election has not come into effect,
for the purposes of managing the account of the member of the Fund
according to Shariah.
52 Laws of Malaysia ACT 452
(2) An employee or any other person may at any time remit to the
Board any funds from any retirement scheme or plan relating to the
employee or person in any manner as may be prescribed by the Board.
Payment of contributions
45. (1) Except where otherwise provided in this Act, the employer
shall, in the first instance, be liable to pay both the contributions
payable by himself and also, on behalf of and to the exclusion of the
employee, the contributions payable by that employee; and for the
purposes of this Act contributions paid by an employer on behalf of an
employee shall be deemed to be contributions by the employee.
Employees Provident Fund 53
“partner”—
(a) except at the time wages are paid to the employee; and
(2) The Board may in any case in which it thinks fit remit in whole
or part the payment of any late payment charges due under this section.
50. (1) All sums collected, recovered or transferred under this Act
shall be paid into the Fund in such manner as the Board shall direct.
56 Laws of Malaysia ACT 452
(2A) For the purpose of crediting any amount of money into the
account of a member of the Fund under subsection (2), the Minister
may prescribe any number of accounts in respect of a member of the
Fund and prescribe the percentage to be credited into each account.
been paid by the employer within the prescribed period and shall
charge the amount so credited to the general revenues of the Fund:
Provided that nothing in this section shall prejudice the right of the
Board to recover the amount of such contribution and dividend from
the employer.
51A. (1) Notwithstanding section 51, the Board may transfer to the
Registrar of Unclaimed Money all sums of money standing to the
credit of a member of the Fund which have not been claimed when
such member has attained the age of one hundred years or any age limit
as may be prescribed by the Board, whichever is higher.
Approved funds
(2) Where the Minister amends the First Schedule under section 74
by deleting any paragraph thereof, any employer or group of employers
who before the date on which the order comes into force has
established a provident fund or other scheme for the benefit of all or of
a group of his or their employees of the description specified in that
paragraph shall, within such period as the Board may in its discretion
*
NOTE—Previously known as the “Official Assignee”—see section 17 of the Bankruptcy (Amendment)
Act 2003 [Act A1197].
Employees Provident Fund 59
allow, furnish the Board with such particulars of such provident fund
or other scheme as the Board may prescribe or in any particular case
require, and if after examining such particulars the Board is satisfied
that such provident fund or other scheme as amended if necessary in
such manner as the Board may require provides for an employee
benefits not less advantageous to him than the benefits which are
provided for an employee by the Fund, the Board may, subject to such
conditions as it may impose, declare such provident fund or other
scheme to be an approved fund.
(5) Where—
fund both by the employer and the employee since 1 July 1952 together
with any dividend thereon, shall, notwithstanding anything to the
contrary contained in any other written law, be transferred to the Fund,
and the Board shall cause to be credited to each such employee or such
employees such amount in such manner as the Board shall direct and
such amount shall be transferred within one month of the employer
ceasing to participate in such approved fund or of the employee leaving
the employment or ceasing to contribute, as the case may be, or within
such further period as the Board may in any particular case allow:
Provided that where an employee—
(a) transfers from employment in Malaysia under an
employer by whom an approved fund has been
established to employment outside Malaysia under the
same employer; or
(b) transfers from employment under an employer who is one
of a group of employers by whom an approved fund has
been established to employment under another employer
who is one of the same group,
and in either case, where such transfer is permitted by the rules of such
approved fund to continue to contribute thereto on the same terms and
conditions as if such transfer had not taken place, such employee, so
long as he continues so to contribute, shall not for the purposes of
subparagraph (b)(i) of this subsection be deemed to have left an
employment in respect of which he was a contributor to an approved
fund:
Provided further that where in accordance with the rules of such
approved fund the amount standing to the credit of any employee
consists in whole or in part of a policy of life assurance, such policy
shall not be transferred to the Fund, but shall be dealt with in
accordance with such rules.
(6) (a) Where an approved fund is wound up, the amount
standing to each employee’s or to such employees’ credit
in such approved fund that represents contributions to
such approved fund both by the employer and the
employee since 1 July 1952 together with any dividend
thereon, shall notwithstanding anything to the contrary
contained in any other written law, be transferred to the
Employees Provident Fund 61
(a) furnish the Board with such accounts as the Board may
require in respect of such approved fund duly certified by
a person who has been approved as a company auditor
under section 8 of the Companies Act 1965;
(8) The Board may, if not satisfied with the management of any
approved fund, revoke any declaration made under this section, and
upon such revocation, subsection (5) of this section shall apply as they
would apply if such fund were wound up.
NOTE─The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016
[Act 777] which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.
62 Laws of Malaysia ACT 452
(16) For the purpose of this section the expression “an employer
who has established an approved fund” includes an employer for the
benefit of whose employees an approved fund has been established.
53. The approved fund of a statutory or local authority under the new
scheme shall be wound up on such date as the Minister may, by
notification in the Gazette, appoint in each particular case, and all
assets and liabilities of the approved fund shall be transferred to the
Fund and dealt with under this Act:
PART VA
(2) The Board shall postpone such transfer under subsection (1) if
an order, appeal or any process of court proceedings which prevents
the execution of the order under subsection (1) is served on the Board.
(4) For the purpose of subsection (3), “the date of the transfer”
means the date on which the sums of money is debited from the
account of a member of the Fund.
PART VI
WITHDRAWAL OF CONTRIBUTIONS
54. (1) The Board may authorize the withdrawal of all sums of
money standing to the credit of a member of the Fund upon any terms
and conditions as may be prescribed by the Board if the Board is
satisfied that—
(1A) Subject to any regulations and rules made under this Act, for
the purpose of paragraph 54(1)(a), any member of the Fund may make
nomination for the purpose of payment of credit after the death of the
member.
(4) A member of the Fund who, before 1 August 1995, has made a
withdrawal of all sums of money standing to his credit in the Fund on
the grounds that he is about to leave Malaysia with no intention of
returning to Malaysia or with the intention of residing in the Republic
of Singapore shall be treated as an employee under this Act if he has
given to the Board and his employer a notice in such manner as may
be prescribed by the Board of his intention to contribute to the Fund.
(a) the member of the Fund has attained the age of fifty years;
(ba) the member of the Fund has sold the house that was
purchased or built using a withdrawal under
paragraph (b) and subsequently has purchased or built
another house;
(da) the member of the Fund has sold the house charged as
security for the loan under paragraph (d) and has
subsequently purchased or built another house and has
taken another loan and the new house has been charged
as security for the other loan;
(e) the member of the Fund has not taken a loan to purchase
or build a house but the spouse of the member of the Fund
has purchased or built a house and has taken a loan and
the house has been charged as a security for the loan;
(ga) the muslim member of the Fund has received the letter of
offer from Lembaga Tabung Haji to perform the haj and
requires financing for the cost of performing the haj;
(i) the member of the Fund has a credit which exceeds one
million ringgit in his account; and
(b) is paid from the Fund under section 56, the Board shall
pay dividend on such amount so withdrawn in such
manner as determined by the Board from time to time.
*NOTE—Paragraph 54(6)(j) which has been inserted by subparagraph 23(f)(iv) of the Employees
Provident Fund (Amendment) Act 2007 [Act A1300] is yet to come into force—see P.U. (B) 413/2007.
68 Laws of Malaysia ACT 452
Date of withdrawal
54B. For the purpose of withdrawal under this Act, the date of
withdrawal shall be—
54C. (1) Subject to section 56, the Board may authorize a member
of the Fund who is a pensionable employee and who has not attained
the age of fifty-five years and is still employed with the Government
of Malaysia, any State Government or any statutory or local authority
to withdraw all sums of money standing to his credit upon such terms
and conditions as may be prescribed by the Board.
(4) For the purpose of subsection (2), “part of the sums of money
standing to his credit” means the amount of money standing to the
credit of the member of the Fund up to the date when the written
Employees Provident Fund 69
Withdrawal from the Fund for a member of the Fund who has
attained the age of fifty-five years
55A. (1) The Board may authorize a member of the Fund who has
attained the age of fifty-five years to withdraw all sums or part of the
amount standing to his credit, subject to any terms and conditions as
may be prescribed by the Board.
(2) The Board may authorize a member of the Fund who has
attained the age of sixty years or such other age as may be prescribed
under subsection (1), whichever is higher, to withdraw all sums or part
of the amount standing to his credit subject to any terms and conditions
as may be prescribed by the Board.
(3) This section shall not apply to a member of the Fund who has
attained the age of fifty-five years who falls within the category of the
member of the Fund under paragraph 54(1)(c) or (e) or paragraph
70c(1)(b) or (c).
70 Laws of Malaysia ACT 452
(4) The dispute under subsections (1) and (3) shall be made by a
written notification to the Board and where there is no notification
made within such period, such payment or withdrawal shall be deemed
to be correct and in order.
(2) Where all of the amount withdrawn under this Act or any part
of the amount is not utilized for the purpose for which such withdrawal
was authorized, the member of the Fund shall return all the amount or
the part which is not utilized to the Board within six months from the
date of withdrawal.
PART VIA
(3) This section shall not apply to a member of the Fund who is a
pensionable employee and an employee who is not a Malaysian citizen.
Employees Provident Fund 73
PART VII
(3) Where any person or member of the Fund returns all the
amount withdrawn within the period prescribed under subsection (2),
such person or member of the Fund is allowed to make further
74 Laws of Malaysia ACT 452
withdrawal for the same purpose after two years from the date the
amount is returned.
Court order
General penalty
60. Any person who contravenes any provision of this Act or any
regulations or rules made thereunder shall be guilty of an offence and
if no special penalty is expressly provided in this Act or the regulations
or rules made thereunder shall, on conviction, be liable to
imprisonment for a term not exceeding six months or to a fine not
exceeding two thousand ringgit or to both.
Court order
63. (1) Notwithstanding the provision of any other written law, where
an employer is found guilty of an offence under subsection 43(2) or 48(3),
the Court before which the employer is found guilty shall order such
employer to pay to the Fund any amount of contributions, together with
any dividend credited thereon, due and payable to the Board and certified
by an officer authorized by the Board to be due from such employer, prior
to the date of such finding of guilt.
(3) A court order issued under subsection (1), (1A) or (2) or both shall
be paid by the employer in a single payment at the date the order was
issued except if the Court is satisfied that the employer has no capability
in terms of financial and on special reasons the offence was committed,
the Court may order the arrears of contributions to be paid in not more
than six monthly instalments from the date of the order.
(4) Where an employer fails to comply with any order made under
subsection (1A) or (3), the Court shall, on the application by the Board,
issue a warrant to levy the employer’s property for the whole amount
of the arrears in the following manner:
NOTE—The Subordinate Courts Rules 1980 [P.U. (A) 328/1980] has since been repealed by the Rules
of Courts 2012 [P.U. (A) 205/2012] which comes into operation on 1 August 2012.
Employees Provident Fund 77
65. (1) Notwithstanding the provisions of any other written law all
contributions payable under this Act may, without prejudice to any
other remedy, be recoverable by the Board summarily as a civil debt.
66. (1) If, at any time before the date of the commencement of a
winding up in the case of a company or before the making of a
receiving order in the case of a debtor in bankruptcy—
then the proceeds of the sale or other realization of such property shall not
be distributed to any person entitled thereto until the court ordering the sale
or other realization, has made provision for the payment of any amounts
due in respect of contributions payable by the employer under this Act.
69. Where an offence under this Act or any regulations or rules made
thereunder has been committed by a body corporate, firm, society or
other body of persons, any person who at the time of the commission
of the offence was a director, manager, secretary or other similar
officer or a partner of the body corporate, firm, society or other body
of persons or was purporting to act in such capacity shall, as well as
such body corporate, firm, society or other body of persons, be deemed
to be guilty of that offence unless he proves that the offence was
committed without his consent or connivance and that he exercised all
such diligence to prevent the commission of the offence as he ought to
have exercised, having regard to the nature of his functions in that
capacity and to all the circumstances.
69A. The Public Authorities Protection Act 1948 [Act 198] shall apply to
any action, suit, prosecution or proceedings against the Board, a member
Employees Provident Fund 79
70. Every member of the Board, the Investment Panel, officer and
servant of the Board shall be deemed to be a public servant within the
meaning of the Penal Code.
PART VIIA
Application
70A. This Part shall apply to each member of the Fund who is not a
Malaysian citizen who elects to contribute on or after 1 August 1998.
70C. (1) The Board may authorize the withdrawal of all amount
standing to the credit of a member of the Fund who is not a Malaysian
citizen upon any terms and conditions as may be prescribed by the
Board if the Board is satisfied that—
(d) the member of the Fund has attained the age of fifty-five
years.
(3) Subject to subsections 59(1A) and (3), the Board may authorize
an application by a member of the Fund who is not a Malaysian citizen
to withdraw part of the amount standing to his credit for the purposes
of withdrawal under subsection 54(6) upon any terms and conditions
as may be prescribed by the Board.
Nomination
Credit return
PART VIII
72. Notwithstanding anything in this Act or any other written law, the
Minister may by notification in the Gazette—
(a) require any person who derives income from any trade,
business or profession, or from any other source as he
may prescribe, to contribute to the Fund;
73. The Board may, in addition to the other duties imposed and
powers conferred upon it under this Act, make rules—
74. The Minister may, by order notified in the Gazette, amend, add to
or vary any of the Schedules to this Act.
Employees Provident Fund 87
PART IX
(a) the Employees Provident Fund Act 1951 [Act 272] (in
this Part referred to as “the repealed Act”) shall cease to
have effect;
76. (1) Subject to the provisions of this Act, all written laws, orders,
regulations and rules affecting or for the protection of the EPF Board
and in force immediately before the appointed day shall, until amended
or revoked by the authority having power so to do, continue in force
on and after the appointed day and be construed as if this Act has not
been passed:
Provided that any references therein to the EPF Board unless the
context otherwise requires shall be construed as references to the
Board, and expressions importing such a reference shall be construed
accordingly.
immediately before the appointed day shall, insofar as they are not
inconsistent with the provisions of this Act, be deemed to have been
made under this Act and shall continue in force until other provisions
shall be made under this Act or until the date upon which they expire.
77. Subject to the provisions of this Act, all powers, rights, privileges,
duties, liabilities or obligations which immediately before the
appointed day were those of the EPF Board shall as from that day
devolve on the Board.
Transfer of property
78. (1) Subject to the provisions of this Act, all lands immediately
before the appointed day vested in the EPF Board shall, on that day,
vest in the Board.
(2) Subject to the provisions of this Act and to any direction of the
Minister, all property and assets other than land which immediately
before the appointed day were vested in the EPF Board or in any person
on behalf of the EPF Board shall on that day vest in the Board.
Existing contracts
79. Subject to the provisions of this Act, all deeds, bonds, agreements,
instruments and working arrangements subsisting immediately before
the appointed day and affecting any of the property transferred under
section 78 shall be of full force and effect against or in favour of the
Board and enforceable as fully and effectually as if, instead of the EPF
Board, or any person acting on behalf of the EPF Board, the Board had
been named therein or had been a party thereto.
80. (1) Subject to the provisions of this Act, neither the repeal of the
repealed Act nor anything contained in this Act shall affect any
Employees Provident Fund 89
Transfer of Fund
81. Subject to the provisions of this Act, all moneys standing in, and
due to be paid to, the Fund set up under section 4 of the repealed Act
shall on the appointed day be transferred to the Fund.
82. Every person who immediately before the appointed day was
employed as an officer or servant of the EPF Board shall on that day
be deemed to be employed as such officer or servant, as the case may
be, of the Board upon the same terms and conditions of service as those
obtaining immediately before the appointed day.
84. Every employee who immediately before the appointed day was
a member of the Fund set up under section 4 of the repealed Act shall
on that date be a member of the Fund and subject to all the provisions
of this Act relating to the member of the Fund.
Prevention of anomalies
Provided that the Minister shall not exercise the powers conferred by
this section after the expiration of two years from the appointed day.
FIRST SCHEDULE
[Section 2]
(1) All nomadic aborigines unless in any particular case the Director General
for Orang Asli Affairs otherwise recommends.
(3) Domestic servants as defined aforesaid (other than those excepted under
paragraph (2)) who have not, in respect of any employment in which they are then
engaged, given to the Board and their employers one month’s notice in the prescribed
form of their intention to be members of the Fund.
(5) Any person detained in any prison, Henry Gurney School, approved school,
place of detention, mental hospital, rehabilitation centre having the same meaning in
the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283], or leper
settlement.
(6) Any person who is employed and whose country of domicile is outside
Malaysia and who enters and remains temporarily under the authority of any pass
issued under the provisions of any written law relating to immigration and who has
not given to the Board and his employer one month’s notice in the prescribed form
of his intention to be a member of the Fund.
(7) Any person who is employed and whose country of domicile is outside
Malaysia and who is in accordance with his terms and conditions of service
92 Laws of Malaysia ACT 452
(8) Any person who is employed and whose country of domicile is outside
Malaysia and who has obtained prior written approval from the Board to participate
in accordance with his terms and conditions of service in a provident fund or other
scheme established or administered in Malaysia.
(9) Any person who is a Member of the Administration as defined under Article
160 of the Federal Constitution.
(13) Any person who has attained the age of seventy-five years.
SECOND SCHEDULE
[Section 2]
DEFINITION OF “EMPLOYER”
(2) Any Embassy, High Commission, Consulate or any other government and
any other such office or department as the Minister may, from time to time by
notification in the Gazette, specify for the purposes of this paragraph (in relation to
employment in Malaysia in a civil capacity, under a contract of service or under any
arrangement entered into in Malaysia or in the Republic of Singapore, not being
employment in any established capacity conferring benefits under any law relating
to superannuation or pensions)
Employees Provident Fund 93
THIRD SCHEDULE
PART A
1. The rate of monthly contributions specified in this Part shall apply to the
following employees until the employees attain the age of sixty years:
(b) employees who are not Malaysian citizens but are permanent residents in
Malaysia; and
(c) employees who are not Malaysian citizens who have elected to contribute
before 1 August 1998.
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
(Note: Where the employer pays bonus to an employee who receives monthly wages
of RM5,000.00 and below, and upon receiving the said bonus renders the wages
received for that month to exceed RM5,000.00, the employer’s contribution shall be
calculated at the rate of 13% of the amount of wages for the month. The total
contribution which includes cents shall be rounded to the next ringgit.)
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
and for the months where the wages exceed RM20,000.00, the contribution by the
employee shall be calculated at the rate of 7% of the amount of wages for the month,
and the contribution by the employer shall be calculated at the rate of 12% of the
amount of wages for the month. The total contribution which includes cents shall be
rounded to the next ringgit.
2. The Board may prescribe any limit on the amount of wages and contributions
for the purpose of determining any amount of contribution to be paid on the wages
for the month by each employer for each employee.
3. For the purposes of subsection 43(3) and section 44A, the amount of contribution
for the month is limited to any limit on the total contribution as prescribed by the
Board.
Employees Provident Fund 111
PART B
1. The rate of monthly contributions specified in this Part shall apply to the
following employees until the employees attain the age of sixty years:
(a) employees who are not Malaysian citizens and have elected to contribute
on or after 1 August 1998;
(b) employees who are not Malaysian citizens and have elected to contribute
under paragraph 3 of the First Schedule on or after 1 August 1998; and
(c) employees who are not Malaysian citizens and have elected to contribute
under paragraph 6 of the First Schedule on or after 1 August 2001.
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
and for the months where the wages exceed RM20,000.00, the contribution by the
employee shall be calculated at the rate of 7% of the amount of wages for the month,
and the total contribution which includes cents shall be rounded to the next ringgit.
The rate of contribution by the employer is RM5.00.
2. The Board may prescribe any limit on the amount of wages and contributions
for the purpose of determining any amount of contribution to be paid on the wages
for the month by each employer for each employee.
3. For the purposes of subsection 43(3), the amount of contribution for the month
is limited to any limit on the total contribution as prescribed by the Board.
PART C
1. The rate of monthly contributions specified in this Part shall apply to the
following employees who have attained the age of sixty years:
(b) employees who are not Malaysian citizens but are permanent residents
in Malaysia; and
(c) employees who are not Malaysian citizens who have elected to
contribute before 1 August 1998.
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
(Note: Where the employer pays bonus to an employee who receives monthly wages
of RM5,000.00 and below, and upon receiving the said bonus renders the wages
received for that month to exceed RM5,000.00, the employer’s contribution shall be
calculated at the rate of 6.5% of the amount of wages for the month. The total
contribution which includes cents shall be rounded to the next ringgit.)
140 Laws of Malaysia ACT 452
AMOUNT OF WAGES RATE OF CONTRIBUTION
FOR THE MONTH FOR THE MONTH
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
and for the months where the wages exceed RM20,000.00, the contribution by the
employee shall be calculated at the rate of 5.5% of the amount of wages for the
month, and the contribution by the employer shall be calculated at the rate of 6% of
the amount of wages for the month. The total contribution which includes cents shall
be rounded to the next ringgit.
2. The Board may prescribe any limit on the amount of wages and contributions
for the purpose of determining any amount of contribution to be paid on the wages
for the month by each employer for each employee.
3. For the purposes of subsection 43(3), the amount of contribution for the month
is limited to any limit on the total contribution as prescribed by the Board.
Employees Provident Fund 147
PART D
1. The rate of monthly contributions specified in this Part shall apply to the
following employees who have attained the age of sixty years:
(a) employees who are not Malaysian citizens and have elected to
contribute on or after 1 August 1998;
(b) employees who are not Malaysian citizens and have elected to
contribute under paragraph 3 of the First Schedule on or after 1 August
1998; and
(c) employees who are not Malaysian citizens and have elected to
contribute under paragraph 6 of the First Schedule on or after 1 August
2001.
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
and for the months where the wages exceed RM20,000.00, the contribution by the
employee shall be calculated at the rate of 5.5% of the amount of wages for the
month, and the total contribution which includes cents shall be rounded to the next
ringgit. The rate of contribution by the employer is RM5.00.
Employees Provident Fund 165
2. The Board may prescribe any limit on the amount of wages and contributions
for the purpose of determining the amount of contribution to be paid on the wages
for the month by each employer for each employee.
3. For the purposes of subsection 43(3), the amount of contribution for the month
is limited to any limit on the total contribution as prescribed by the Board.
PART E
1. The rate of monthly contributions specified in this Part shall apply to the
employees who are Malaysian citizens who have attained the age of sixty years.
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
RM RM RM RM RM
and for the months where the wages exceed RM20,000.00, the contribution by the
employee shall be calculated at the rate of 0.0% of the amount of wages for the
month, and the contribution by the employer shall be calculated at the rate of 4% of
the amount of wages for the month. The total contribution which includes cents shall
be rounded to the next ringgit.
2. The Board may prescribe any limit on the amount of wages and contributions
for the purpose of determining any amount of contribution to be paid on the wages
for the month by each employer for each employee.
3. For the purposes of subsection 43(3), the amount of contribution for the month
is limited to any limit on the total contribution as prescribed by the Board.
FOURTH SCHEDULE
FIFTH SCHEDULE
[Subsection 58(1)]
SIXTH SCHEDULE
[Subsection 58(2)]
SEVENTH SCHEDULE
[Section 26C]
(a) the purposes and objects for which the corporation is established;
(d) the relationship between the corporation and the Board and the right of
control over the corporation.
2. Scope of corporation
Nothing in this Act shall be construed to authorize the Board to establish any
corporation for any purpose or object more extensive in scope than the purposes
184 Laws of Malaysia ACT 452
Subject to the provisions of this Act, and of any regulations made under section
71, regulations made under paragraph 1 shall be binding on the corporation in
respect of which they were made and shall have effect for all purposes under this
Act.
4. Register of corporation
The Board shall keep a register in the prescribed form of all corporations and
such register together with copies of all regulations made under paragraph 1 shall
be open to public inspection at such places and at such times as the Board may
determine.
5. Winding up
(1) The Board may by order published in the Gazette direct that any
corporation be wound up and dissolved.
(2) Upon the dissolution of any corporation under this paragraph, the assets
of the corporation, after payment of all liabilities, shall be transferred to
and vested in the Board.
Every corporation shall be a body corporate by such name as the Board shall
give to such corporation and shall have perpetual succession and a common seal
and may sue and be sued in such name, and for the purpose of effecting the
purposes and objects for which it was established, may enter into contracts and
hold and deal in or with any movable or immovable property and may do all
other matters and things incidental or appertaining to a body corporate not
inconsistent with the provisions of this Act and subject to such restrictions or
limitations as may be prescribed by the Board.
(1) Every corporation shall have a common seal, which shall bear such device
as the corporation, with the approval of the Board, may approve, and the
seal may from time to time be broken, changed, altered and made anew by
the corporation, with approval of the Board.
Employees Provident Fund 185
(2) Until a seal is provided by the corporation under this paragraph, the
common seal of the Employees Provident Fund Board may be used as the
common seal of the corporation.
(3) The common seal shall be kept in the custody of, and shall be authenticated
by, any person as the corporation may direct.
(4) All deeds, documents and other instruments purporting to be sealed with
the common seal of the corporation and authenticated by the person in
whose custody of the common seal is kept shall, until the contrary is
proved, be deemed to have been validly executed.
172
LAWS OF MALAYSIA
Act 452
LIST OF AMENDMENTS
appearing in
subparagraph 23(f)
(iv), sections 26, 28, 29
and 30—01-11-2007;
paragraph 16(b),
section 20, 21,
paragraph 23(a), (d),
(e), sections 27, 33, 37,
38 and 39—
01-02-2008;
sections 9, 10, 11, 12,
17, 22 and paragraph
36(b)— 01-07-2008
01-08-2016;
sections 11, 13, 15, 20
and 21—01-01-2017;
sections 14 and 22—
01-01-2018
LAWS OF MALAYSIA
Act 452