(1)|The Yang di-Pertuan Agong may appoint any person by name or title to be the Director General of General of Takaful, who shall be charged with the general admi- Takaful. nistration of this Act and the exercise of the functions conferred by this Act on the Director General; and references in this Act to the Director General are references to that officer. |
(2) In the exercise of his functions the Director General shall act in accordance with any general directions of the Minister.
(3) In the exercise of his functions under sections 18, 30, 34, subsection (3) of section 37, subsection (3) of section 38 and section 47 the Director General shall first consult the Minister and shall act in accordance with any directions given by the Minister.
(4) If the Director General (or the acting Director General for the time being during a vacancy or during the absence or incapacity of the Director General) is not a qualified actuary, the Minister shall arrange for the services of a qualified actuary to be available at all times for the purposes of advising in relation to matters arising under this Act. Add NALM
(5)(6).... cuh .ANAN
Indemnity. Laub.AA699 Add. AA699_ Annual reports. Statistics. [Pt. IV, S. 55-57]
The Director General, Lany public officer, or any person appointed under subsection (3) of section 46 shall not be liable for anything done or omitted to be done in good faith in the exercise of any power or the performance of any function or duty conferred or imposed by this Act or any regulations made there-
(1) Not later than the end of April in any calendar year the Director General shall prepare and submit to the Minister a report on the working of this Act during the preceding calendar year.
(2) The Director General shall include in his report under this section for any year, copies or summaries of documents lodged with hım in that year under sections 41 and 42, other than documents excepted from subsections (1) and (2) of section 44, and may include copies or summaries of documents accompanying those lodged as aforesaid; and he may also include in the report such notes on any such documents or summaries as he thinks fit, and copies of correspondence between him and the operator about any such documents lodged by or received from the operator.
(3) On receiving a report under this section, the Minister shall lay a copy of it before each House of Parliament.
(1) Regulations may provide for the collection by or on behalf of the Director General, at such intervals or on such occasions as may be prescribed, of statistical information as to such matters relevant to takaful as may be prescribed, and may provide for the collection and use of such information for any purpose, whether or not connected with takaful.
(2) Such regulations may make provision for requiring operators, takaful brokers and adjusters to furnish to thè Director General, in the prescribed form, such information as may be prescribed.
(3) No use shall be made of any information obtained by or on behalf of the Director General by virtue only of this section except in a form which does not disclose the affairs of any particular person.
Dadah Berbahaça CLangkah- Laugkah Pencegahan Kh a8) [Pt. IV, S. 58-60]
A letter containing a notice or other document to Service of be served by the Director General under the Act shall be deemed to be addressed to the proper place if it is addressed to the place in Malaysia which the addressee last indicated to the Director General as his address or to the addressee's latest address in Malaysia known to the Director General.
(1) Except for the purposes of this Act or of any Secrecy and criminal proceedings under this Act, no person penalty. appointed to exercise any powers under this Act shall disclose any information with respect to any individual business or the affairs of any individual participant of an operator which has been obtained in the course of his duties and which is not published in pursuance of this Act.
(2) Any person knowingly contravening the provisions of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term nat exceeding one year.
(1) Any person who- General provisions
(a) signs any documents lodged with the Director as to General under section 41 or 42, or under suboffences. section (1) (a) (i) of section 53; or
(b) furnishes the Director General with any information under or for the purposes of any other provision of this Act, shall use due care to secure that the document or intormation is not false in any material particular; and if he does not use care in this behalf and the document or information is false in a material particular, he shall be guilty of an offence and shall, on conviction, be Miable to la fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(2) Any person who breaches any duty imposed on him by or by virtue of this Act or any regulations made under this Act as being or having been an operator, taikaful broker or adjuster shall be guilty of an offence and shall, ün a case where no other penalty is provided Ior by this Act or regulations made under this Act, be
[Pt. IV, S. 60-64] liable on conviction to a fine not exceeding two thousand ringgit and to a daily fine not exceeding two hundred ringgit.
(3) Where an offence under this Act is committed by any company or body corporate, any person who at the time of the commission of the offence is a director, manager, secretary or other similar officer of that company or body, or is purporting to act in that capacity, shall be guilty of the offence unless he proves 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 allthe circumstances.
(4) Where an offence under this Act is committed by a company or body corporate, being an offence consisting in the breach of a duty imposed only on companies and bodies corporate, any individual guilty. of the oftence (whether by virtue of subsection (3) or otherwise) shall on conviction be liable to imprisonment for a term not exceeding six months in addition to or in substitution for any fine.
(5) For the purpose of any proceedings under subsection (1) (a) a document purporting to be signed by any person shall be presumed to have been signed by him, unless the contrary is proved. Compound- 61. The Minister may prescribe the offences which may be compounded under this Act or the regulations made thereunder and the manner in which the offences may be compounded. Prosecution.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
