*AKTA TABUNG ANGKATAN TENTERA 1973

)

This Act shall apply throughout Malaysia.

Interpretation

are or have been called out for full time service under section 202 of the Armed Forces Act 1972 [Act 77]; or

are or have been attached to the regular forces under subsection 201(3) of the Armed Forces Act 1972;

“pension” means a pension granted under any written law providing for pension for members of the regular forces of Malaysia;

“retired personnel” means an officer or a serviceman who has retired or has been discharged or who has terminated or completed his services with the regular forces of Malaysia;

Tabung Angkatan Tentera 7

“retiring personnel” means an officer or a serviceman who is about to retire or is about to be discharged or whose services with the regular forces of Malaysia is about to be terminated or completed;

“serviceman” means any person, other than an officer, who is enlisted in the regular forces of Malaysia;

“Tabung” means the Tabung Angkatan Tentera established under section 3;

“unit trust benefit” means the benefit provided for in section 15C;

“veteran annuity scheme” means the scheme established under section 15D for the payments of annuities;

“volunteer forces” has the meaning assigned to it in section 2 of the

Armed Forces Act 1972 and includes the armed forces raised under the

Territorial Army Ordinance 1958 [Ord. 52 of 1958], the *Naval

Volunteer Reserve Ordinance 1958 [Ord. 55 of 1958] and the *Air

Force Volunteer Reserve Ordinance 1958 [Ord. 58 of 1958] and deemed to be raised under the Armed Forces Act 1972.

ESTABLISHMENT OF THE TABUNG ANGKATAN TENTERA

The Tabung and its objects

the primary purposes of providing superannuation and other benefits including benefits under the scheme established under section 15A, to persons specified under paragraph (3)(a), and the veteran annuity scheme for the benefit of the persons specified under paragraph (3)(aa);

and

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NOTE—These Ordinances have been repealed by the Armed Forces Act 1972 [Act 77].

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the ancillary purposes of promoting the socio-economic development and welfare of persons specified under paragraph (3)(b).

) The following shall be paid into the Tabung:

all contributions made as hereinafter provided and such other sums as are directed by this Act to be paid into the

Tabung;

all moneys earned from investment or by the operation of any project, agency, scheme or enterprise financed from the Tabung and the Reserve Fund established under section 11;

all grants, donations, endowment, gifts, loans, contributions and bequests made to or in favour of the

Tabung;

all sums from time to time falling due to the Tabung in respect of payments of any loan made from the Tabung and the interest payable in respect of any such loan;

moneys earned or arising from any property, investment, mortgages, charges or debentures acquired by or vested in the Tabung;

all other sums which may in any manner become payable to or vested in the Tabung in respect of any matter incidental to its powers and duties.

)

The Tabung may be applied for—

withdrawals of deposits with such profits as may be decided by the Lembaga in accordance with the provisions of this Act;

(aa)

the purchase of units in any unit trust schemes for the benefit of and to be allocated to contributors and the

Tabung Angkatan Tentera 9

administrative costs and other costs relating to the unit trust benefit as determined by the Lembaga;

repayments and interests on borrowings and such other outgoings and expenditure as may be permitted by this Act or any regulations thereunder to be paid out of the Tabung;

(bc)

the socio-economic activities, welfare programmes and any other activities and benefits which would advance the socio-economic conditions of any retiring personnel or retired personnel or of any designated members of the volunteer forces, including loans to such persons;

administrative expenses including salaries and termination benefits;

other expenses incidental to the management of the Tabung and the functions of the Lembaga including any moneys required to satisfy any judgment, decision or award against the Lembaga, Chairman, any member of the Lembaga, the

Investment Panel, any member of the Investment Panel, officer, servant or agent of the Lembaga, by any court or tribunal, in respect of any act, neglect or default done or committed by him in such capacity.

)

For the purpose of this section—

superannuation and other benefits including benefits under the scheme established under section 15A shall be given to—

servicemen;

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other members of the regular forces of Malaysia who contribute to the Tabung; and

mobilised members of the volunteer forces who contribute to the Tabung;

(aa)

benefits under the veteran annuity scheme shall be given to the servicemen referred to in paragraph 15D(1)(a) and officers referred to in paragraph 15D(1)(b); and

ancillary benefits shall be given to—

retiring personnel or retired personnel of the regular forces of Malaysia; or

designated members of the volunteer forces, as may be determined by the Lembaga.

) The Lembaga may only apply such moneys from the Tabung for the purposes mentioned in paragraph (1)(b), (2)(bc) and (bd) where the

Lembaga has applied the moneys referred to in paragraph (1A)(bb) and where there are sufficient funds to discharge its obligations under section 11.

)

The Lembaga shall have a common seal and may sue and be sued in its name and, subject to and for the purposes of this Act, may enter into contracts and acquire, purchase, take, hold and possess 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

Tabung Angkatan Tentera 11

immovable property or any interest vested in the Lembaga upon such terms as the Lembaga may think fit.

) The Lembaga shall consist of—

a Chairman who shall be the Secretary General of the

Ministry of Defence or such other person as may be appointed by the Minister;

a Deputy Chairman who shall be a representative of the

Ministry of Defence;

the Deputy Secretary General to the Treasury;

four members to be appointed by the Minister to represent the contributors, one of whom shall be the Chief of

Defence Forces;

such other members not exceeding four in number to be appointed by the Minister on the advice of the Lembaga.

) In determining whether a person is a fit and proper for the purposes of subsection (3), the Minister shall have regard to—

the probity, competence and soundness of judgment of the person in fulfilling his responsibilities as a member of the

Lembaga; and

the diligence with which the person is likely to fulfil his responsibilities as a member of the Lembaga.

) Without prejudice to the generality of subsection (3), a person shall be disqualified from being appointed or being a member of the

Lembaga, if he—

is an undischarged bankrupt;

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NOTE—Previously known as the “Chief of the Armed Forces Staff”—see subsection 10(2) of the

Constitution (Amendment) (No. 2) Act 2001 [Act A1130] which c.i.f. on 28 September 2001.

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has been convicted of an offence relating to the promotion, formation or management of a company or corporation;

has been convicted of an offence involving bribery, fraud or dishonesty;

has been convicted of an offence under any written law which is designed for protecting members of the public;

has been disqualified by an order of the court to act as a director under any written law; or

has engaged in or has been associated with, any business practice, or otherwise conducted himself in such a way as to cast doubt on his competence and soundness of judgment.

) The circumstances referred to in subsection (3B) shall be applicable to circumstances in or outside Malaysia.

)

The provisions of the First Schedule shall have effect with respect to the Lembaga.

Functions of the Lembaga and establishment of committees by the

Lembaga

)

For the purpose of assisting the Lembaga in the performance of its functions, the Lembaga may establish such committees consisting of such persons as the Lembaga may think fit.

)

The Lembaga may employ and pay agents and technical advisers including advocates and solicitors, bankers, stockbrokers, surveyors or valuers or other persons, to transact any business or to do any act required to be done in the execution of its functions or for better

Tabung Angkatan Tentera 13

carrying into effect of the purposes of this Act, and may pay from the

Tabung all charges and expenses so incurred.

Establishment of an Investment Panel

) The Investment Panel shall consist of—

a Chairman who shall be appointed by the Minister on the advice of the Lembaga;

(Deleted by Act A1506);

the Chief of Defence Forces;

(ca)

a representative from the Ministry of Defence;

a representative from the Ministry of Finance;

four other members with experience and expertise in business, investment, investment risks management, actuary, banking, legal or finance who shall be appointed by the Minister on the advice of the Lembaga.

) For the purpose of paragraph (2)(a), the Chairman shall not be the Chairman of the Lembaga.

) In determining whether a person is fit and proper for the purposes of subsection (2), the Minister shall have regard to—

the probity, competence and soundness of judgment of the person in fulfilling his responsibilities as a member of the

Investment Panel; and

the diligence with which the person is likely to fulfil his responsibilities as a member of the Investment Panel.

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) Without prejudice to the generality of subsection (2), a person shall be disqualified from being appointed or being a member of the

Investment Panel, if he—

is an undischarged bankrupt;

has been convicted of an offence relating to the promotion, formation or management of a company or corporation;

has been convicted of an offence involving bribery, fraud or dishonesty;

has been convicted of an offence under any written law which is designed for protecting members of the public;

has been disqualified by an order of the court to act as a director under any written law; or

has engaged in or has been associated with, any business practice, or otherwise conducted himself in such a way as to cast doubt on his competence and soundness of judgment.

) The circumstances referred in subsection (2C) shall be applicable to circumstances in or outside Malaysia.

)

The provisions of the Second Schedule shall have effect with respect to the Investment Panel.

Power of Minister in relation to the Lembaga

)

The Lembaga shall furnish the Minister with such returns, accounts and other information with respect to the property and activities of the Lembaga as he may from time to time require.

Tabung Angkatan Tentera 15

Duties and responsibilities of members, etc.

at all times, exercise his powers in accordance with this Act for a proper purpose and in good faith in the best interest of the Tabung; and

exercise his duties and responsibilities with reasonable care, skill and diligence based on the knowledge, skills and experience which may reasonably be expected of a person having the same duties and responsibilities.

) A member of the Lembaga, a member of the Investment Panel, a member of the committee of the Lembaga, officers and servants of the

Lembaga who has breached or failed to comply, has contributed to the breach or non-compliance or has contravenes any provision of this Act may, for any loss or damage caused by his act or omission, be held personally liable.

Contribution of servicemen

) A serviceman may also request a further deduction exceeding ten per centum of his monthly salary as may be determined by the serviceman as his contribution to the Tabung and the amount of the contribution shall be credited to the account of the serviceman.

)

In respect of every contribution made under subsections (1)

and (1A), there shall be paid to the Tabung from the Consolidated Fund to the credit of the serviceman’s account an amount equal to fifteen per centum of his monthly salary, calculated to the nearest five sen.

) Where a serviceman qualifies for pension—

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the deduction of his salary under subsections (1) and (1A)

shall continue to be made until he is discharged from service with the regular forces of Malaysia;

the payment under subsection (2) shall cease to be made in respect of the contribution made under paragraph (a); and

all payments made under subsection (2) which are still standing to the credit of the serviceman’s account shall be withdrawn and credited into the Consolidated Fund.

) Where a serviceman who has not qualified for pension is granted a disability pension or a disability gratuity pursuant to any law for the time being in force relating to pension, gratuity or other benefits applicable to regular forces, he shall also be eligible to be paid, in addition to his contributions to the Tabung under subsections (1)

and (1A), all payments made under subsection (2) standing to the credit of his account.

) Where a serviceman is promoted to an officer, the deduction of his salary under subsections (1) and (1A) shall cease and shall continue under section 9A.

Contribution of officers

) An officer may also request a further deduction exceeding ten per centum of his monthly salary as may be determined by the officer as his contribution to the Tabung and the amount of the contribution shall be credited to the account of the officer.

)

In respect of every contribution made under subsections (1)

and (1A), there shall be recorded a notional contribution to the Tabung from the Consolidated Fund to the credit of the officer’s account an amount equal to fifteen per centum of his monthly salary, calculated to the nearest five sen.

Tabung Angkatan Tentera 17

)

An officer who contributes under subsections (1) and (1A) who has completed less than twenty years of service and has neither elected to be paid terminal gratuity nor elected to participate in the veteran annuity scheme shall, upon completion of his service, be paid the following amount:

the value of his contribution to the Tabung and the dividend for the duration of the contribution; and

the value of the contribution from the Consolidated Fund that has been recorded in accordance with subsection (2).

(Deleted by Act A1547).

) An officer who contributes under subsections (1) and (1A) who has completed less than twenty years of service and has not elected to be paid terminal gratuity but elects to participate in the veteran annuity scheme shall, upon the completion of his service, be paid the value of his contribution to the Tabung and the dividend for the duration of the contribution, and the value of the contribution from the Consolidated

Fund that has been recorded in accordance with subsection (2) shall be paid into the Tabung to the credit of such officer’s account.

)

An officer who contributes under subsections (1) and (1A) who has completed less than twenty years of service and has elected to be paid terminal gratuity shall, upon completion of his service, be paid the value of his contribution to the Tabung and the dividend for the duration of such contribution.

)

An officer who qualifies for pension but completes his service in any duration after twenty years until he attains the age of compulsory retirement shall, upon completion of his service be paid the value of his contribution to the Tabung for the whole period of his service and the dividend for the duration of his contribution.

)

Payment under subsection (3) shall be made notwithstanding that the officer is granted a disability pension or disability gratuity pursuant to the provisions of any written law for the time being in force relating to pension, gratuity, or other grants or benefits applicable to regular forces.

)

Where an officer who contributes under subsections (1)

and (1A) has completed twenty-five years of service or has attained the

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Laws of Malaysia age of compulsory retirement, whichever is earlier, the deduction of his monthly salary shall cease and the notional contribution to the

Tabung from the Consolidated Fund under subsection (2) shall cease to be recorded.

Voluntary contributions to the Tabung

) Subsections 9(2) and 9A(2) and section 12 shall not apply to any contribution made under this section.

) The amount of contributions payable by the contributor under this section shall be made by way of deductions from the monthly salary of the contributor and such amount shall be credited to the account of the contributor.

Declaration of profit

) No profit shall be declared unless the Lembaga has established a Reserve Fund, and no profit shall be declared in any year unless at the end of that year—

(Deleted by Act A1668);

the assets of the Reserve Fund were not less than such percentage of the amounts actually standing to the credit of the contributors as at the end of that year including the profit as the Treasury may approve;

Tabung Angkatan Tentera 19

moneys sufficient for the purpose of the scheme established under section 15A; and

the Lembaga is satisfied with the ability of the Tabung to meet all payments required to be paid under this Act is not endangered by the declaration of the rate.

) For the purpose of declaration of profit under subsection (1), the Lembaga shall be regarded as solvent if the Lembaga is able to pay its debts as and when the debts become due within twelve months immediately after the declaration is made.

) The Lembaga may, from time to time as it considers necessary, appoint a qualified and independent actuary to assist the Lembaga in assessing its financial performance pursuant to this section and such assessment may be served as a guide to the Lembaga.

)

Any payments required to be made out of the Tabung shall, in so far as the moneys in that Tabung are insufficient for that purpose, be made out of the Reserve Fund.

)

The Lembaga may from time to time transfer assets from the

Reserve Fund to the Tabung or from that Tabung to the Reserve Fund.

Withdrawals

on the death of the contributor;

when the contributor has been certified as physically or mentally incapacitated from engaging in the service;

on the contributor attaining the age of fifty years and, where the contributor is an officer, on the officer attaining the age of compulsory retirement;

thirty days after the contributor has retired from service; or

thirty days after the contributor has been discharged from service.

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) Where the withdrawal under paragraph (1)(c), (d) or (e) is made by a serviceman referred to in paragraph 15D(1)(a) or an officer referred to in paragraph 15D(1)(b)—

the withdrawal shall only apply to—

in respect of a serviceman—

his contribution to the Tabung and the dividend for the duration of the contribution; and

the dividend for the payments made under subsection 9(2) but excluding the dividend for the year immediately preceding the discharge of the serviceman from service with the regular forces of Malaysia; or

in respect of an officer, his contribution to the Tabung and the dividend for the duration of the contribution;

and

the remaining amount standing to the credit of the serviceman’s or officer’s account under this Act may only be withdrawn on the death of the serviceman or officer, as the case may be, or in the circumstances as may be approved by the Lembaga.

) For the purpose of withdrawal under paragraph 12(1)(a) or (b), the Lembaga shall authorize the withdrawal of all sum of money standing to the credit of the contributor’s account under this Act, if—

applied by the heir of the contributor on the death of the contributor; or

applied by the next of kin of the contributor who has been certified to be physically or mentally incapacitated from engaging in the service.

)

Notwithstanding subsection (1), a contributor may withdraw a part of the amount standing to the credit of his account for the purpose of enabling him to purchase a dwelling house or land for the purpose of constructing thereon a dwelling house or any other purpose as may be determined by the Lembaga.

Tabung Angkatan Tentera 21

) The contributor who has been discharged or has retired from service may opt to withdraw or retain any amount standing to the credit of his account in the Tabung and the amount standing shall be entitled to receive a rate of profit on the contributions retained in the Tabung under this Act.

)

For the avoidance of doubt it is declared that the expression

“service” in paragraphs 1(d) and (e) means service with the armed forces as—

a serviceman until he has been discharged as a serviceman from the armed forces;

a serviceman and if he is granted a commission as an officer until he has retired as an officer from the armed forces;

an officer until he has retired from the armed forces; and

a mobilised member of the volunteer forces until he has been discharged or has retired from the armed forces.

Lembaga to determine terms and conditions of withdrawal, etc.

no amount of any contribution made under this Act;

no amount paid or payable under subsection 9(2) or 9A(2);

and

no amount standing to the credit of a contributor,

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Laws of Malaysia shall, except for the purpose of satisfying a debt due to the Government of the Federation or of a State, be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of, any debt or claim whatsoever, nor shall the Director General of Insolvency be entitled to or have any claim on any such amount.

Power to borrow

by way of deposit in any currency in—

the Central Bank of Malaysia;

any financial institution licensed under the Financial

Services Act 2013 [Act 758];

any development financial institution as defined under the Development Financial Institutions Act 2002 [Act 618];

any Islamic bank licensed under the Islamic

Financial Services Act 2013 [Act 759]; or

any bank or financial institution established by or under any written law in or outside Malaysia;

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NOTE—Previously known as the “Official Assignee”—see section 17 of the Bankruptcy (Amendment)

Act 2003 [Act A1197] which c.i.f. on 1 October 2003—see P.U. (B) 295/2003.

Tabung Angkatan Tentera 23

in money market instruments, including treasury bills, bankers’ acceptance, certificates of deposit and any financial instruments recognized by the relevant regulatory body in any currency;

in bonds, commercial notes, private debt securities, promissory notes and bills of exchange within the meaning of the Bills of Exchange Act 1949 [Act 204] and other negotiable instruments of similar nature on terms remunerative to the Lembaga, in respect of any company or corporation or in respect of any public authority or corporation in which the Federal Government has an interest;

in securities issued or fully guaranteed by any sovereign government, supranational or multilateral organization and includes securities where any sovereign government, supranational or multilateral organization is the obligor;

in securities issued or fully guaranteed by the Government of Malaysia, secured by any sovereign government, supranational or multilateral organization and includes securities where any sovereign government, supranational or multilateral organization is the obligor and any instrument issued by the Central Bank of Malaysia;

in the acquisition or subscription for shares or debentures in any public company whose securities are listed or have been approved for listing on a stock exchange in Malaysia, the issue or sale of which has been approved under the Capital

Market and Services Act 2007 [Act 671] or securities in a company which has been approved to be listed in any recognized stock exchange outside Malaysia subject to the listing of such security being approved by law in that foreign jurisdiction;

in the securities of which shall include bonds, notes mortgage papers, commercial notes and other debt instruments of companies or corporations which are not listed and quoted on any stock exchange established in

Malaysia and in the securities of companies or corporations which are incorporated in foreign jurisdiction;

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in the acquisition of moveable or immovable property and interest therein located in Malaysia or in any foreign jurisdiction;

in the development of buildings and infrastructure located in Malaysia or in any foreign jurisdiction;

in purchasing securities or subscribing to any product for the purpose of hedging or carrying out dealings in any derivatives instruments for the instrument of the Tabung;

in funds domiciled in Malaysia or in any foreign jurisdiction which include segregated mandate which invest in the assets under this section;

in products as approved by the Securities Commission

Malaysia or any other relevant regulators in any foreign jurisdiction;

in sale, purchase, repurchase, borrowing or lending, of or other dealings in, currencies or other financial instruments traded in the money market or foreign exchange market for the purpose of exercising investment which has been approved under this section; and

in any other investment with the approval of the Minister and Minister of Finance.

Establishment of death and disablement benefits scheme

) Where a contributor—

dies while in service; or

is discharged from service by reason of infirmity of mind or body,

Tabung Angkatan Tentera 25

the Lembaga may at its discretion pay respectively—

death benefits; or

disablement benefits, in such quantum and to such person as may be provided in regulations made under section 22.

) For the avoidance of doubt it is declared that—

death benefits; or

disablement benefits, payable pursuant to the scheme do not, respectively, form any part of the estate of—

such deceased contributor; or

such contributor who dies at any time prior to the payment of disablement benefits to him.

) Where any payment of death or disablement benefits is made in good faith and in accordance with the provisions of this Act and of regulations made under section 22, such payment shall constitute a full and proper discharge of all liability and no action, suit or proceeding for such payment or calling such payment into question shall be brought or shall lie against the Tabung, the Lembaga or any of the members, officers or servants of the Lembaga.

Minister may suspend, vary or discontinue death and disablement benefits scheme

)

Where the Minister suspends the scheme under subsection (1), no death or disablement benefits under the scheme shall be payable

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Laws of Malaysia unless and until the Minister, on the advice of the Lembaga, by order in the Gazette and subject to such conditions as he may consider necessary to impose, revokes the order of suspension made under subsection (1) and, where he so does, the scheme shall accordingly be reactivated.

)

Where the Minister varies the scheme under subsection (1), any death or disablement benefits under the scheme shall be payable in accordance with the order of variation made under subsection (1).

)

Where the Minister discontinues the scheme under subsection (1), all death and disablement benefits under the scheme shall cease to be payable in accordance with the order of discontinuance made under subsection (1) and any sums of moneys still available under paragraph 11 (2)(ba) for the purpose of the scheme shall be paid into the Tabung.

)

Where the Minister makes any order under this section, the

Lembaga shall, if necessary, make regulations, or amend any regulations made, under section 22 to give effect to that order.

Unit trust benefit

)

The unit trust benefit shall be accounted for in a separate account from the accounts referred to in sections 9, 9A and 10.

)

In addition to its powers under section 22, the Lembaga may, with the approval of the Minister, make such regulations as it thinks necessary for the purpose of subsection (1).

Establishment of veteran annuity scheme

a serviceman who fulfils the following conditions:

Tabung Angkatan Tentera 27

he has been discharged from service with the regular forces of Malaysia except on the ground of misconduct; and

he is not qualified for pension; and

an officer who fulfils the following conditions:

he has completed less than twenty years of service and has not been terminated on the ground of misconduct;

he has not elected to be paid terminal gratuity; and

he has elected to participate in the veteran annuity scheme.

) The annuities shall be paid on a monthly basis in such quantum as may be determined by the Lembaga from the annual profit declared on—

the payment credited under subsection 9(2) to the account of a serviceman referred to in paragraph

)(a); or

the value of the contribution from the Consolidated

Fund recorded in accordance with subsection 9A(2)

and paid into the Tabung to the credit of the account of the officer referred to in paragraph (1)(b).

) The payments of annuities under subsection (2) shall cease to be payable if the amount referred to in paragraph (2)(a)

or

, as the case may be, is withdrawn under paragraph 12(1A)(b).

) The contribution to the credit of a serviceman referred to in paragraph (1)(a) and an officer referred to in paragraph (1)(b)

shall not be reckoned for the purposes of section 15C.

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Annual estimates

) The accounts of the Lembaga shall be audited annually by the Auditor General or any other auditor appointed by the

Lembaga with the approval of the Minister of Finance.

) After the end of each financial year, as soon as the accounts of the Lembaga have been audited, the Lembaga shall cause a copy of the statement of accounts to be submitted to the

Minister, together with a copy of any audit observation.

) The Minister shall cause a copy of every such statement and observation to be laid before each House of Parliament.

Annual report

) The Minister shall cause a copy of every such report to be laid before each House of Parliament.

Tabung Angkatan Tentera 29

)

The Chief Executive or if a Chief Executive is not appointed, an officer of the Lembaga to be nominated by the Lembaga shall be responsible for the day to day administration and management of the affairs of the Lembaga and shall exercise such duties and powers as may be entrusted or delegated by the Lembaga or the Chairman of the

Lembaga, acting on behalf of the Lembaga.

)

The Lembaga may appoint such officers and servants as it may consider necessary for the efficient conduct of the affairs of the

Lembaga.

)

The officers and servants of the Lembaga shall hold office for such period, receive such salaries and allowances and be subject to such terms and conditions of service including retirement benefit as may be determined by the Lembaga with the approval of the Minister.

Members, officers and servants to be deemed public servants

the manner of payment and collection of contribution, the minimum amount of monthly contribution which may be made under section 10 and any matters incidental thereto;

(aa)

matters relating to the implementation of the veteran annuity scheme including the manner of payments of annuities and the provision for the nomination of person to receive any amount standing to the credit of the account of a serviceman or an officer in the event of his death;

(ab)

the terms and conditions to be met by any retiring personnel or retired personnel of the regular forces of Malaysia or designated members of the volunteer forces in order to qualify for any benefits under this Act;

imposition of fees in such cases as may be determined by the Lembaga;

financial and accounting procedures;

repayment of contributions under this Act, or of any part of such contributions, paid in error, together with any interest on such contributions;

payment of contributions under this Act, or of any part of such contributions, omitted to be paid in error;

(eb)

the manner and basis of computing the death and disablement benefits payable under the scheme and the

Tabung Angkatan Tentera 31

factors to be considered in respect thereof to arrive at the quantum to be paid;

the disposal of amounts which are unclaimed, unpaid or otherwise remain in the Tabung;

the procedure for the withdrawal of amounts from the

Tabung, including the evidence to be produced for the purposes of such withdrawal;

(ga)

the terms and conditions including the interest rates payable, the amounts that may be loaned, the procedure relating thereto and any other matters incidental to the giving of such loans out of the Tabung;

any matters for the purpose of carrying out into effect the provisions of this Act.

Power of Lembaga to make regulations relating to conduct and discipline

)

The regulations made under this section may include—

provisions for the establishment of appropriate disciplinary authorities for the different categories of officers and servants of the Lembaga;

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provisions for the establishment of a Disciplinary Appeal

Board to hear appeals from the decisions of the disciplinary authorities; and

provisions for—

the interdiction with reduction in salary or other remuneration; or

the suspension without salary or other remuneration, of an officer or servant of the Lembaga during the pendency of disciplinary proceedings.

)

The regulations made under this section may create such disciplinary offences and provide for such disciplinary punishments as the Lembaga may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

)

The regulations made under this section may, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made by the person against whom the disciplinary proceedings are taken before a decision is arrived at by the disciplinary authority on such disciplinary charge laid against such person.

Surcharge 22B. (1) If it appears to the Lembaga that any person who is or was in the employment of the Lembaga—

has failed to collect any moneys owing to the Lembaga for the collection of which he is responsible;

is or was responsible for any payment from the Tabung of moneys which ought not to have been made or for any payment of moneys which is not duly approved;

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the Lembaga;

being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

Tabung Angkatan Tentera 33

has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Tabung to any person to whom such payment is due under any contract, agreement or arrangement entered into between that person and the Lembaga, the Lembaga shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Lembaga with regard to the failure to collect, payment which ought not to have been made, payment not duly approved, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the

Lembaga may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss, or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the Lembaga may surcharge against the said person such sum as it thinks fit.

) The Chairman of the Lembaga shall cause the Chief Executive to be notified of any surcharge made under subsection (1) and the Chief

Executive shall thereupon notify the person surcharged.

) The Lembaga 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

Chairman of the Lembaga shall at once cause the Chief Executive to be notified of such withdrawal.

) The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the Lembaga from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the Lembaga and may also be recovered by deduction—

from the salary of the person surcharged if the Lembaga so directs; or

from the pension of the person surcharged if the Lembaga so directs,

34

Laws of Malaysia by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.

)

For purposes of this section, “Chief Executive” means the

Chief Executive appointed under subsection 19(1) and includes the officer of the Lembaga nominated under subsection 19(2).

Lembaga may establish corporation

)

Any moneys required for the establishment of a corporation shall be derived from the moneys made available for investment under paragraph 15(1)(a).

)

The provisions of the Third Schedule shall apply to every corporation.

Lembaga may incorporate company

)

Every member shall be eligible for reappointment.

)

The Chairman or any member presiding in the absence of the Chairman and three other members shall form a quorum at any meeting of the Lembaga.

)

ln the event of the votes on any question being equal, the Chairman or the member presiding shall have the casting vote in addition to his original vote.

)

Subject to subparagraphs (1), (2) and (3) the Lembaga may make its own procedure.

) Until a seal is provided by the Lembaga a stamp bearing the description

“Lembaga Tabung” may be used and shall be deemed to be the common seal.

) The common seal or the stamp under subparagraph (2) shall be kept in the custody of the Chairman and shall be authenticated by him or by any officer authorized by the Lembaga in writing; and all deeds, documents, and other instruments purporting to be sealed with the said seal authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed:

36

Laws of Malaysia

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the Lembaga; and any such document or instrument may be executed on behalf of the Lembaga by any officer or servant of the Lembaga generally or specially authorized by the Lembaga in that behalf.

) The seal of the Lembaga shall be officially and judicially noticed.

any share or interest—

in any contract made with the Lembaga;

in any work done for the Lembaga; or

in any company or firm or in respect of any undertaking with which the Lembaga proposes to enter into a contract; or

any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt with by the Lembaga, shall declare the nature and extent of his share or interest to the Lembaga.

) The declaration required to be made by a member under subparagraph (1) shall be made at a meeting of the Lembaga at which any question relating to such contract, acquisition, purchase, lease, dealing, project or scheme is first taken into consideration or at the earliest opportunity, after acquisition of such share or interest.

) For the purposes of this paragraph, a general notice given to the other members by a member to the effect that he is a member of any specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with or by that company or firm, shall be deemed to be a sufficient declaration of interest in relation to any contract so made:

Provided that such notice shall be of no effect unless either it is given at a meeting of the Lembaga or the member concerned takes reasonable steps to ensure that it is brought up and read at the next meeting of the Lembaga after it is given.

) Every declaration made in pursuance of this paragraph shall be recorded in the minutes of the meeting at which it is made or read.

Tabung Angkatan Tentera 37

) A member shall not vote upon any resolution or question relating to any contract, acquisition, purchase, lease, dealing, project or scheme in which he has any share or interest, whether or not he has declared the same, nor shall he take part in any deliberation (except by the invitation of the Lembaga) or decision relating thereto or to any matter incidental thereto, and if he shall do so his vote shall not be counted, nor shall he be counted in the quorum present at the meeting for the purpose of such resolution or question.

SECOND SCHEDULE

[Section 6]

) A member of the Investment Panel shall vacate his office if he fails to attend three consecutive meetings of that Panel without the permission in writing of the

Chairman of the Investment Panel.

the purposes of and objects for the establishment of the corporation;

the rights, powers, duties and functions of the corporation, including its power to borrow;

the management of the corporation;

the proceedings and meetings of the corporation, including the quorum required for, and the manner of voting at, meetings;

the finances of the corporation, the accounts to be kept and the audit of the accounts;

the terms and conditions of service of officers and servants of the corporation; and

the relations between the corporation and the Lembaga and the Lembaga’s rights of control over the corporation.

) Upon the dissolution of a corporation, its assets after payment of all liabilities shall be transferred to and shall vest in the Lembaga.

) The extent of the liability of a corporation to its creditors shall be limited to the value of its assets at the time the order directing its winding up and dissolution comes into force.

) The Lembaga shall not be called upon at any time to meet the liabilities of a corporation in the event that the assets of the corporation are insufficient to meet its liabilities.

Tabung Angkatan Tentera 39

) Until a seal is approved under this paragraph, a stamp bearing the name of the corporation encircling the letters “LTAT” may be used as a common seal.

) The common seal, or the stamp referred to in subparagraph (2), shall be in the custody of, and shall be authenticated by, such persons as the corporation shall direct; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall, until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

) The seal of every corporation shall be officially and judicially noticed.

40

Act 101

LIST OF AMENDMENTS

Amending law

Short title

In force from

Tabung

Angkatan

Tentera

s. 3(b), 4(1)(a) and 4(3): 01-10-1977;

s. 4(1)(b), 4(2), 4(4),

4(5) and 6:

01-08-1972; s. 7:

01-08-1975; s. 11 and 12:

01-07-1983; s. 2, 3(a),

3(c) and 5: 01-11-1985;

s. 9: 16-05-1986

Tabung

Angkatan

Tentera

except s.2(1),5(1) and 7(1)(a):

01-11-1985; s. 3(1) and 4(1): 01-01-1984

Tabung

Angkatan

Tentera

Tabung Angkatan Tentera and Tabung

Bekas Perajurit (Amendment) Act 1994 01-10-1994

Tabung Angkatan Tentera and Tabung

Bekas Perajurit (Amendment) Act 1995 10-11-1995

Tabung

Angkatan

Tentera

and 3:

01-12-1996;

p. 3(f), sp. 4(a)(i) and

s. 9: 23-12-2000;

s.8: 24-12-2000;

remaining sections

Tabung Angkatan Tentera 41

Amending law

Short title

In force from

Act A1130

Constitution

(Amendment)

(No.2)

Act 2001 28-09-2001

Tabung

Angkatan

Tentera

and 6, p. 7(a), s.9

and 11: 01-01-2016

Act A1547

Tabung

Angkatan

Tentera

Act A1668

Tabung

Angkatan

Tentera

42

Act 101

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

Long title

Act A1094 08-07-1994 10-11-1995 01-08-1972

1

Act A896 08-07-1994

2

Act A1547 01-11-1985 08-07-1994 10-11-1995 01-08-1972;

01-12-1996 01-11-2017

Act A896 08-07-1994

3

Act A1547 01-10-1977;

01-11-1985 01-11-1985 08-07-1994 10-11-1995 01-08-1972;

01-12-1996 01-01-2016 01-11-2017

3A

Act A929 08-07-1994 10-11-1995

4

Act A1130 08-07-1994 01-10-1994 28-09-2001

5

Act A929 08-07-1994 10-11-1995

Tabung Angkatan Tentera 43

Section

Amending authority

In force from

01-08-1972

6

Act A1130 01-01-1984 08-07-1994 10-11-1995 08-03-2016 28-09-2001

8

9

Act A1547 01-08-1972;

01-10-1977 01-01-2016;

08-03-2016 01-11-2017

9A

Act A1547 01-01-2016 01-11-2017

10

Act A1506 10-11-1995 01-08-1972 01-01-2016

11

Act A1547 01-11-1985 01-11-2017

12

Act A1547 01-10-1994 01-08-1972 01-01-2016;

08-03-2016 01-11-2017

12A

Act A1506 08-03-2016

13

Act A1506 01-08-1972 01-01-2016

14

Act A1506 08-03-2016

15

Act A929 01-08-1975 01-01-1984 08-07-1994 01-10-1994 10-11-1995

44

Laws of Malaysia

Section

Amending authority

In force from

Act A1094 23-12-2000

15A

Act A646 30-05-1980 01-11-1985

15B

Act A646 16-05-1986

15C

Act A1506 01-12-1996 01-01-2016 15D

Act A1547 01-11-2017 18

19

20

Act A489 16-05-1986

22

Act A1547 30-05-1980 01-11-1985;

16-05-1986 08-07-1994 01-10-1994 10-11-1995 01-08-1972 08-03-2016 01-11-2017

22A

22B

23

Act A905 01-07-1983 01-10-1994

24

25

First Schedule

Act A1130 01-10-1994 28-09-2001

Second Schedule

Third Schedule

Act A489 01-07-1983