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Population and Family Development Act 1966 (Revised 1988)

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Act 352

POPULATION AND FAMILY

DEVELOPMENT ACT 1966

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

2 Laws of Malaysia ACT 352

POPULATION AND FAMILY DEVELOPMENT

ACT 1966

First enacted ... ... ... ... ... ... ... 1966 (Act 42 of 1966) Revised ... ... ... ... ... ... ... 1988 (Act 352 w.e.f. 3 November 1988)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

Population and Family Development 3

LAWS OF MALAYSIA

Act 352

POPULATION AND FAMILY DEVELOPMENT

ACT 1966

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title and application

2. Interpretation PART II

THE BOARD

3. Establishment of the Board

4. Membership of the Board

5. Functions of the Board

6. Delegation by Board

7. Appointment of Director PART III

FUNDS AND EXPENSES OF THE BOARD

8. Funds of the Board

9. Accounts PART IV

GENERAL

10. Annual estimates

11. Annual report 4 Laws of Malaysia ACT 352

Section

12. Members deemed to be public servants

13. General directions by Minister

14. Regulations SCHEDULE

Population and Family Development 5

LAWS OF MALAYSIA

Act 352

POPULATION AND FAMILY DEVELOPMENT

ACT 1966

An Act to establish and incorporate the National Population and Family Development Board and to provide for matters incidental thereto.

[1 June 1966, P.U. 227/1966]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

PART I

PRELIMINARY

Short title and application

1. (1) This Act may be cited as the Population and Family Development Act 1966.

(2) This Act shall apply throughout Malaysia.

Interpretation

2. In this Act-- "Director General" means the Director General of the Board appointed under section 7;

"Minister" means the Minister charged with the responsibility for population and family development.

6 Laws of Malaysia ACT 352

PART II

THE BOARD

Establishment of the Board

3. (1) There is hereby established a Board to be known by the name "the National Population and Family Development Board" (hereinafter in this Act referred to as "the Board") which shall be a body corporate with perpetual succession and a common seal and the Board is hereby empowered for the purposes of this Act to sue and be sued, to borrow moneys with the approval of the Minister of Finance, to enter into contracts and to hold property movable or immovable and to dispose thereof or otherwise deal therewith. (2) The Schedule to this Act shall have effect with respect to the Board.

Membership of the Board

4. (1) The Board shall consist of a Chairman who shall be appointed by the Yang di-Pertuan Agong and the following members: (a) a Director General appointed under section 7; (b) not more than ten members each of whom shall be a representative of any Ministry or Government department as the Minister may deem expedient; and

(c) not more than ten members to be appointed by the Minister from among members of the public drawn from the fields of commerce, labour, education and social service and from professions.

(2) A member of the Board appointed under paragraph 4(1)(c) shall hold office for such term as may be specified in the instrument appointing him and shall be eligible for re-appointment. (3) The Chairman, the Director General and three other members designated by the Minister after consultation with the Chairman shall comprise the Executive Committee of the Board. Population and Family Development 7

Functions of the Board

5. (1) The powers, functions and duties of the Board shall be as follows:

(a) the formulation of policies and methods for the promotion and spread of population and family development

knowledge and practice on the grounds of health of mothers and children and welfare of the family;

(b) the programming, directing, administering and coordinating of population and family development activities in the country;

(c) to be responsible for the training of all persons involved in the population and family development extension work; (d) to be responsible for the conducting of research on medical and biological methods relating to population and family development;

(e) the promotion of studies and research or inter-relationship between social, cultural, economic and population changes and also research concerning fertility and maternity pattern in the country;

(f) to set up a system of evaluation by means of which it will be possible from time to time to assess the effectiveness of the programme and the progress towards the attainment of national objectives;

(g) to employ such officers and servants as may be necessary on such terms as may be approved by the Minister for carrying out the powers, functions and duties of the Board. (2) Without prejudice to the powers, functions and duties conferred on or vested in the Board by subsection (1), it shall be lawful for the Board to do all such matters or things as may be necessary or incidental to or consequential upon the exercise of powers or duties or the discharge of its functions under this Act. Delegation by Board

6. The Board may delegate any of its powers, functions or duties under this Act to the Executive Committee of the Board or to any other person as the Board may deem necessary for the proper carrying out of any of its powers, functions or duties under this Act.

8 Laws of Malaysia ACT 352

Appointment of Director

7. The Board shall with the approval of the Minister appoint a Director General who shall be the executive officer of the Board and who under policies established by the Board shall-- (a) plan, direct and co-ordinate population and family development activities in Malaysia;

(b) provide for training of all persons involved in population and family development;

(c) stimulate and conduct research on medical, biological, administrative, economic, social and other matters relating to population and family development;

(d) carry out a system of evaluation and initiate baseline surveys in order to ensure continued assessment of the effectiveness of the programme and progress towards attainment of national objectives; and

(e) generally do all other matters or things as may be necessary or incidental to or consequential upon the exercise of powers, functions or duties under this Act.

PART III

FUNDS AND EXPENSES OF THE BOARD

Funds of the Board

8. (1) The expenses of the Board up to such amounts as may be authorized by the Minister for any one year shall be defrayed from the funds of the Board in accordance with the estimates as approved by the Minister under section 10.

(2) The funds of the Board shall consist of moneys provided by Parliament, moneys borrowed by the Board with the approval of the Minister of Finance, moneys received by the Board as endowments, grants, donations, gifts or bequests made to or in favour of the Board and moneys accruing from charges or fees imposed under this Act.

Accounts

9. (1) The Board shall cause proper accounts and other records to be kept in respect of its operation and shall prepare statements of accounts in respect of each financial year.

Population and Family Development 9

(2) The accounts of the Board shall be audited annually by the Auditor General or any other auditor as may be approved by the Minister of Finance.

(3) After the end of each financial year and as soon as the accounts of the Board have been audited the Board shall cause a copy of the statement of accounts to be transmitted to the Minister together with a copy of any observations made by the Auditor General or other auditor on any statement or on the accounts of the Board.

(4) The Minister shall cause a copy of every such statement and observations to be laid on the table of each House of Parliament. PART IV

GENERAL

Annual estimates

10. (1) Before the beginning of September of each year the Board shall submit to the Minister an estimate of the expenses for the following year in such form and in such particulars as the Minister may require; and the Minister shall before the beginning of November of that year notify the Board of the amount authorized for expenses generally or of the amounts authorized for each description of expenditure.

(2) The Board may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

Annual report

11. The Board shall not later than the 31st day of March of each year cause to be made and transmitted to the Minister a report dealing with the activities of the Board during the preceding year and containing such information relating to the proceedings and the policy of the Board as the Minister may from time to time require.

10 Laws of Malaysia ACT 352

Members deemed to be public servants

12. All members, officers and servants of the Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

General directions by Minister

13. It shall be lawful for the Minister from time to time to issue general directions to the Board not inconsistent with this Act; and the Board shall comply with such directions.

Regulations

14. (1) The Minister may make such regulations as he thinks necessary or expedient for the proper carrying out of the purposes and provisions of this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for the imposition and collection of fees or charges for any service or matter rendered by the Board.

Population and Family Development 11

SCHEDULE

[Subsection 3(2)]

1. (1) The following persons shall be disqualified from being appointed or being members of the Board--

(a) a person who is of unsound mind or is otherwise incapable of performing his duties;

(b) a bankrupt;

(c) a person who has been convicted of an offence and sentenced to imprisonment for a term of not less than one year. (2) A member of the Board shall vacate his office if he fails to attend three consecutive meetings of the Board without the permissions in writing of the Chairman or if he becomes disqualified under subparagraph (1).

2. The Board shall meet not less than once a quarter.

3. (1) The quorum of the Board shall be eight. (2) If on any question to be determined by the Board there is an equality of votes, the Chairman or other member acting as Chairman shall have a casting vote.

(3) Subject to subparagraphs (1) and (2) the Board shall determine its own procedure.

(4) The seal of the Board shall be authenticated by the Chairman, or other member acting as Chairman, and one other member of the Board, and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is shown be deemed to have been validly executed.

4. The Board may with the approval of the Minister make rules for the establishment and management of a contributory provident fund for the Director General and other officers and servants of the Board and for the payment of salaries, allowances or gratuities to the said Director General, officers and servants on retirement or otherwise ceasing to hold office as such Director, officers or servants.

5. A member of the Board having any interest in any company or undertaking with which the Board proposes to make any contract or having any interest in any such contract or in any matter under discussion by the Board shall disclose to the Board the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Board, and unless specifically authorized thereto by the Chairman, the member shall take no part in any deliberation or decision of the Board relating to the contract. 12 Laws of Malaysia ACT 352

LAWS OF MALAYSIA

Act 352

POPULATION AND FAMILY DEVELOPMENT

ACT 1966

LIST OF AMENDMENTS

Amending law Short title In force from

Act A327 Penal Code (Amendment and 31-03-1976

Extension) Act 1976

Act A363 Family Planning (Amendment) 29-10-1976

Act 1976

Act A592 Family Planning (Amendment) 29-06-1984

Act 1984

Population and Family Development 13

LAWS OF MALAYSIA

Act 352

POPULATION AND FAMILY DEVELOPMENT

ACT 1966

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Act A363 29-10-1976

3 Act A363 29-10-1976

4 Act A363 29-10-1976

5 Act A592 29-06-1984

6 Act A592 29-06-1984

7 Act A363 29-10-1976

Act A592 29-06-1984

8 Act A363 29-10-1976

12 Act A327 31-03-1976

Throughout the Act A592 29-06-1984

Act

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA