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← Employees Provident Fund Act 1951

Employees Provident Fund Act 1951 s 16

Employees Provident Fund Act 1951 s 16

This legislation has been repealed. Do not cite it as law in force.

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 16

(1) Any employer or group of employers who, before the date on which this section comes into force, has established a provident tund or other scheme for he benefit of all or of a group of his or their employee. within one month of such date Iurnish the Board with such particulars of such provident fund or other scheme as the Board may prescribe or in such particular case require and, it alter examining particulars the Board is satisfied that such provident Fund or other scheme provides for an employee benetits not less 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, no ontributions shall become payable to the fund by th mployees Ior whose beneht such approved fund har been established or by the employer or employers of such employees in respect of such employees. (2) Any employer or group of employers who, after the date on which this section comes into proposes to establish a provident fund or other scheme for the benelit oi all or a group oi his or their emplovees shall furnish the Board with such particulars of that proposed provident fund or other scheme as the Board may require and, it after examining such articulars the Board is satisfied that such provident fund on other scheme will provide for an employee benefits more advantageous to him than the benetits which are provided for an employee by the Fund, the Board may declare such provident fund or scheme to be an approved fund; and, if the Board so declare, contributions to the Fund shall, from a date to be fixed by the Board, cease to be payable botn bi the employees for whose benefit such approved fund i stablished and by the emplover ior employers of sucl molovees in respect of such employees (3) Where, either by reason of the transfer of an employee to an employment in respect of which an approved fund exists or in the circumstances described TI t? a I] I ›r the Lid or chever aid to )ns so ',after force, scheme : their partischeme igsuch vvident aployee benefits nd, the : other oard so a date both by fund is of such r of an nich an escribed EMPLOYEES PROVIDENT FUND. in sub-section (2) of this section, contributions in respect of an employee cease to be payable to the Fund, he amount standing to the credit of such employe hall remain in the Fund to such employee's credit (4) Where an approved fund is wound up, or where an employee transiers, from an employment in respect ment, the amount standing to each employee's credit, or to such emplovee's credit, in such approved fund approved fund since the date on which section 7 of this Ordinance comes into force and any interest thereon shail, notwithstanding anything to the contrary contained in any other written law, be transferred by the employer to the Fund, and the Postmaster-Gèneral shall credit each suchi employee, such employee, with such amount, in such manner as the Board shall direct. (5) An employer who has established an approved fund shall- (a) furnish the Board with such accounts in respect of such approved fund duly certified by an accountant who has been approved under section 134 of the Companies Ordinance of the Straits Settlements as applicable throughout the Federation by virtue of the Companies Ordinance, 1946, as the Board may require; (b) inform the Board of any proposed amendment to the rules of such approved fund and shall not effect any such amendment except with the written sanction of the Board; (c) furnish the Postmaster-General with such particulars of those employees for whom such approved fund has been established as may be prescribed by the Board. (6) The Board may, if not satisfied with the management of any approved fund, revoke any declaration made under sub-section (1) or sub-section (2) of this section, and apon such revocation, 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 shau, notwithstanding 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. Ciyil proceedings to recover contributions. No. 21 OF 1951. (7) An employer shall be subject to the same penalties in respèct of any deductions or contributions under the rules of an approved fund as are provided by this Ordinance in respect of deductions and contributions relating to the Fund. (8) Any employer who fails to comply with any requirement or direction of the Board under this section, or who etiects an|amendment to the rules of an approved fund without the sanction mentioned in paragraph (b) of sub-section (5) of this section, shal be guilty of an offence and shall, on conviction, liable to a fine not exceeding three thousand dollars. (9) Where in the circumstances mentioned in subsections (4) and (6) oi this section, anly amount of contributions paid since the date on . which section 7 of this Ordinance comes into force is transterred to the tund, the employer and the employee concerned may, by mutuar agreement,| elect to transfer to the Fund also such amount standing to the credit of the employee in an approved fund 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 be given to the Board in such manner as may be prescribed by the Board, and if the Board approves such transier, the Postmaster- General shall credit the employee with the amount so transterred to the Fund.

Read this section in the full act →

Find Act 272 on lom.agc.gov.my ↗

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).

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