101 - *TABUNG ANGKATAN TENTERA ACT 1973

LAWS OF MALAYSIA ONLINE VERSION OF UPD ATED TEXT OF REPRINT Act 101 TABUNG ANGKATAN TENTERA ACT 1973 As at 1 November 2022 This text is ONLY AN UPDATED TEXT of the Tabung Angkatan Tentera Act 1973 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 TABUNG ANGKATAN TENTERA ACT 1973 Date of Royal Assent … … ... 20 March 1973 Date of publication in the Gazette … … ... 22 March 1973 Latest amendment made by Act A1668 which came into operation on … … ... 1 November 2022 PREVIOUS REPRINTS First Reprint … … … … 1994 Second Reprint … … … … 2000 Third Reprint … … … … 2006 Fourth Reprint … … … … 2018 3 LAWS OF MALAYSIA Act 101 TABUNG ANGKATAN TENTERA ACT 1973 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation PART II ESTABLISHMENT OF THE TABUNG ANGKATAN TENTERA 3. The Tabung and its objects 3A. (Deleted) 4. Establishment and incorporation of Lembaga Tabung 5. Functions of the Lembaga and establishment of committees by the Lembaga 6. Establishment of an Investment Panel 7. Power of Minister in relation to the Lembaga 8. Duties and responsibilities of members, etc. 9. Contribution of servicemen 9A. Contribution of officers 10. Voluntary contributions to the Tabung 11. Declaration of profit 12. Withdrawals 12A. Lembaga to determine terms and conditions of withdrawal, etc. 13. Contributions not to be assigned or attached, etc. 4 Laws of Malaysia ACT 101 Section 14. Power to borrow 15. Investment by Lembaga 15A. Establishment of death and disablement benefits scheme 15B. Minister may suspend, vary or discontinue death and disablement benefits scheme 15C. Unit trust benefit 15D. Establishment of veteran annuity scheme 16. Annual estimates 17. Accounts and audit 18. Annual report PART III GENERAL 19. Appointment of Chief Executive, Deputy Chief Executive and officers and servants of the Lembaga 20. Members, officers and servants to be deemed public servants 21. Application of Public Authorities Protection Act 1948 22. Power of Lembaga to make regulations 22A. Power of Lembaga to make regulations relating to conduct and discipline 22B. Surcharge 23. Lembaga may establish corporation 24. Lembaga may incorporate company 25. Provision for advancement from Federal Consolidated Fund FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 5 LAWS OF MALAYSIA Act 101 TABUNG ANGKATAN TENTERA ACT 1973 An Act to provide for the establishment of a fund to be known as the Tabung Angkatan Tentera for the primary purposes of providing superannuation and other benefits for contributors, and for the ancillary purposes of promoting the socio-economic development and welfare of, and providing other benefits for, retiring and retired personnel of the regular forces of Malaysia and designated members of the volunteer forces. [1 August 1972] 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 the 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 Tabung Angkatan Tentera Act 1973. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— 6 Laws of Malaysia ACT 101 “ancillary benefits”, in relation to designated members of the volunteer forces, means socio-economic development or welfare programmes, activities or benefits or other benefits provided for such members; “company” means a company incorporated under the Companies Act 2016 [Act 777], a trust company registered under the Trust Companies Act 1949 [Act 100] or any company incorporated under any written law of a foreign jurisdiction; “contributor” means a person who is contributing to the Tabung and includes a person who has ceased to contribute but has not withdrawn his whole contribution from that Tabung; “corporation” means a corporation established under section 23; “designated members of the volunteer forces” means those mobilised members of the volunteer forces who on or after 1 August 1972 have served for a period of nine consecutive years and who are eligible, subject to such conditions as are imposed in any regulation relating to the ancillary benefits, to be considered for such ancillary benefits under this Act or any regulation made under this Act; “Investment Panel” means the Investment Panel established under section 6; “Lembaga” means the Lembaga Tabung Angkatan Tentera established under section 4; “mobilised members of the volunteer forces” means those members of the volunteer forces who— (a) are or have been called out for full time service under section 202 of the Armed Forces Act 1972 [Act 77]; or (b) 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. PART II ESTABLISHMENT OF THE TABUNG ANGKATAN TENTERA The Tabung and its objects 3. (1) There is established a fund to be known as the “Tabung Angkatan Tentera” (hereinafter referred to as the “Tabung”) for the following purposes: (a) 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 ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ NOTE—These Ordinances have been repealed by the Armed Forces Act 1972 [Act 77]. 8 Laws of Malaysia ACT 101 (b) the ancillary purposes of promoting the socio-economic development and welfare of persons specified under paragraph (3)(b). (1A) The following shall be paid into the Tabung: (a) all contributions made as hereinafter provided and such other sums as are directed by this Act to be paid into the Tabung; (b) 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; (bb) an annual grant from the Federal Consolidated Fund for the ancillary purposes and matters related thereto under paragraph (1)(b); (c) all grants, donations, endowment, gifts, loans, contributions and bequests made to or in favour of the Tabung; (d) 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; (e) moneys earned or arising from any property, investment, mortgages, charges or debentures acquired by or vested in the Tabung; (f) 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. (2) The Tabung may be applied for— (a) 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; (b) 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; (ba) payments of death and disablement benefits pursuant to the scheme; (bb) payments of annuities pursuant to the veteran annuity scheme; (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; (bd) defraying the expenditure incurred by the Lembaga or any other body including a corporation established under section 23, charged with the responsibility of undertaking the activities, programmes or benefits mentioned in paragraph (bc); (c) administrative expenses including salaries and termination benefits; (d) 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. (3) For the purpose of this section— (a) superannuation and other benefits including benefits under the scheme established under section 15A shall be given to— (i) servicemen; 10 Laws of Malaysia ACT 101 (iA) officers who contribute to the Tabung; (ii) other members of the regular forces of Malaysia who contribute to the Tabung; and (iii) 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 (b) ancillary benefits shall be given to— (i) retiring personnel or retired personnel of the regular forces of Malaysia; or (ii) designated members of the volunteer forces, as may be determined by the Lembaga. (4) 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. 3A. (Deleted by Act A929). Establishment and incorporation of Lembaga Tabung 4. (1) For the purpose of managing and maintaining the Tabung there is established a body corporate by the name of “Lembaga Tabung” (hereinafter referred to as “the Lembaga”) with perpetual succession. (2) 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. (3) The Lembaga shall consist of— (a) a Chairman who shall be the Secretary General of the Ministry of Defence or such other person as may be appointed by the Minister; (b) a Deputy Chairman who shall be a representative of the Ministry of Defence; (c) the Deputy Secretary General to the Treasury; (ca) the Chief Executive who shall be an ex-officio member; (d) four members to be appointed by the Minister to represent the contributors, one of whom shall be the Chief of Defence Forces; (e) such other members not exceeding four in number to be appointed by the Minister on the advice of the Lembaga. (3A) In determining whether a person is a fit and proper for the purposes of subsection (3), the Minister shall have regard to— (a) the probity, competence and soundness of judgment of the person in fulfilling his responsibilities as a member of the Lembaga; and (b) the diligence with which the person is likely to fulfil his responsibilities as a member of the Lembaga. (3B) 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— (a) is an undischarged bankrupt; ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯  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. 12 Laws of Malaysia ACT 101 (b) has been convicted of an offence relating to the promotion, formation or management of a company or corporation; (c) has been convicted of an offence involving bribery, fraud or dishonesty; (d) has been convicted of an offence under any written law which is designed for protecting members of the public; (e) has been disqualified by an order of the court to act as a director under any written law; or (f) 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. (3C) The circumstances referred to in subsection (3B) shall be applicable to circumstances in or outside Malaysia. (4) 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 5. (1) It shall be the function of the Lembaga to administer and manage the Tabung in such a manner as would further the respective interests of the contributors as well as the retiring personnel and retired personnel of the regular forces of Malaysia and the mobilised members of the volunteer forces and to formulate policies in connection with any of its functions and to do such other things as may be done under this Act. (2) 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. (3) 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 6. (1) There shall be established an Investment Panel responsible for matters pertaining to the investment of the assets of the Tabung and the Reserve Fund established under section 11. (2) The Investment Panel shall consist of— (a) a Chairman who shall be appointed by the Minister on the advice of the Lembaga; (b) (Deleted by Act A1506); (c) the Chief of Defence Forces; (ca) a representative from the Ministry of Defence; (d) a representative from the Ministry of Finance; (e) 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. (2A) For the purpose of paragraph (2)(a), the Chairman shall not be the Chairman of the Lembaga. (2B) In determining whether a person is fit and proper for the purposes of subsection (2), the Minister shall have regard to— (a) the probity, competence and soundness of judgment of the person in fulfilling his responsibilities as a member of the Investment Panel; and (b) the diligence with which the person is likely to fulfil his responsibilities as a member of the Investment Panel. 14 Laws of Malaysia ACT 101 (2C) 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— (a) is an undischarged bankrupt; (b) has been convicted of an offence relating to the promotion, formation or management of a company or corporation; (c) has been convicted of an offence involving bribery, fraud or dishonesty; (d) has been convicted of an offence under any written law which is designed for protecting members of the public; (e) has been disqualified by an order of the court to act as a director under any written law; or (f) 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. (2D) The circumstances referred in subsection (2C) shall be applicable to circumstances in or outside Malaysia. (3) The provisions of the Second Schedule shall have effect with respect to the Investment Panel. Power of Minister in relation to the Lembaga 7. (1) The Minister may give to the Lembaga such directions of a general character not inconsistent with the provisions of this Act as relates to the exercise and performance of its functions and the Lembaga shall give effect to all such directions. (2) 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. 8. (1) 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 shall— (a) 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 (b) 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. (2) 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 9. (1) There shall be deducted from the monthly salary of a serviceman who does not qualify for pension an amount equal to ten per centum of such salary calculated to the nearest five sen, as his contribution to the Tabung. The amount of the contribution shall be credited to the account of the serviceman. (1A) 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. (2) 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. (3) Where a serviceman qualifies for pension— 16 Laws of Malaysia ACT 101 (a) 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; (b) the payment under subsection (2) shall cease to be made in respect of the contribution made under paragraph (a); and (c) 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. (4) 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. (5) 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 9A. (1) There shall be deducted from the monthly salary of an officer an amount equal to ten per centum of his monthly salary calculated to the nearest five sen as his contribution to the Tabung and the amount of the contribution shall be credited to the account of the officer. (1A) 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. (2) 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 (3) 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: (a) the value of his contribution to the Tabung and the dividend for the duration of the contribution; and (b) the value of the contribution from the Consolidated Fund that has been recorded in accordance with subsection (2). (c) (Deleted by Act A1547). (3A) 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. (4) 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. (5) 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. (6) 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. (7) Where an officer who contributes under subsections (1) and (1A) has completed twenty-five years of service or has attained the 18 Laws of Malaysia ACT 101 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 10. (1) Any member of the regular forces of Malaysia who is not liable to contribute under section 9 or 9A and any mobilised member of the volunteer forces may elect to make monthly contribution to the Tabung. (2) Subsections 9(2) and 9A(2) and section 12 shall not apply to any contribution made under this section. (3) 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 11. (1) Subject to the provisions of this section, the Lembaga may, with the approval of the Minister, at or after the end of the financial year of each year, declare a rate of profit on the contributions to the Tabung based on the actual financial performance of the Lembaga for that year. (2) 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— (a) (Deleted by Act A1668); (b) 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; (ba) provision is made by the Lembaga for payment into the scheme established under section 15A of such sums of Tabung Angkatan Tentera 19 moneys sufficient for the purpose of the scheme established under section 15A; and (c) 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. (2A) 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. (2B) 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. (3) 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. (4) 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 12. (1) Subject to this Act, any amount standing to the credit of a contributor’s account under this Act may only be withdrawn— (a) on the death of the contributor; (b) when the contributor has been certified as physically or mentally incapacitated from engaging in the service; (c) 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; (d) thirty days after the contributor has retired from service; or (e) thirty days after the contributor has been discharged from service. 20 Laws of Malaysia ACT 101 (1A) 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)— (a) the withdrawal shall only apply to— (i) in respect of a serviceman— (A) his contribution to the Tabung and the dividend for the duration of the contribution; and (B) 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 (ii) in respect of an officer, his contribution to the Tabung and the dividend for the duration of the contribution; and (b) 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. (1B) 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— (a) applied by the heir of the contributor on the death of the contributor; or (b) applied by the next of kin of the contributor who has been certified to be physically or mentally incapacitated from engaging in the service. (2) 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 (2A) 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. (3) 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) a serviceman until he has been discharged as a serviceman from the armed forces; (b) a serviceman and if he is granted a commission as an officer until he has retired as an officer from the armed forces; (c) an officer until he has retired from the armed forces; and (d) 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. 12A. The Lembaga, with the approval of the Minister, shall determine the terms and conditions for the withdrawal of amounts from the Tabung, the percentages of the contributor’s contribution which may be withdrawn and any other matters incidental to such withdrawal. Contributions not to be assigned or attached, etc. 13. Notwithstanding anything to the contrary contained in any other written law— (a) no amount of any contribution made under this Act; (b) no amount paid or payable under subsection 9(2) or 9A(2); and (c) no amount standing to the credit of a contributor, 22 Laws of Malaysia ACT 101 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 14. The Lembaga may, with the approval of the Minister and the Minister of Finance, borrow any sums required by the Lembaga for the purpose of this Act and on such terms and conditions and for such period as the Minister of Finance may approve. Investment by Lembaga 15. (1) The Lembaga may, on the advice given by the Investment Panel, invest moneys which are in the Tabung and in the Reserve Fund based on the strategic asset allocation as approved by the Minister and Minister of Finance, to the extent and in the following manner: (a) by way of deposit in any currency in— (i) the Central Bank of Malaysia; (ii) any financial institution licensed under the Financial Services Act 2013 [Act 758]; (iii) any development financial institution as defined under the Development Financial Institutions Act 2002 [Act 618]; (iv) any Islamic bank licensed under the Islamic Financial Services Act 2013 [Act 759]; or (v) any bank or financial institution established by or under any written law in or outside Malaysia; ⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯⎯ 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 (b) 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; (c) 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; (d) 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; (e) 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; (f) 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; (g) 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; 24 Laws of Malaysia ACT 101 (h) in the acquisition of moveable or immovable property and interest therein located in Malaysia or in any foreign jurisdiction; (i) in the development of buildings and infrastructure located in Malaysia or in any foreign jurisdiction; (j) 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; (k) in funds domiciled in Malaysia or in any foreign jurisdiction which include segregated mandate which invest in the assets under this section; (l) in products as approved by the Securities Commission Malaysia or any other relevant regulators in any foreign jurisdiction; (m) 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 (n) in any other investment with the approval of the Minister and Minister of Finance. Establishment of death and disablement benefits scheme 15A. (1) There shall be established a scheme to be known as the death and disablement benefits scheme for the payment of death and disablement benefits in respect of contributors. (2) Where a contributor— (a) dies while in service; or (b) is discharged from service by reason of infirmity of mind or body, Tabung Angkatan Tentera 25 the Lembaga may at its discretion pay respectively— (i) death benefits; or (ii) disablement benefits, in such quantum and to such person as may be provided in regulations made under section 22. (3) For the avoidance of doubt it is declared that— (a) death benefits; or (b) disablement benefits, payable pursuant to the scheme do not, respectively, form any part of the estate of— (i) such deceased contributor; or (ii) such contributor who dies at any time prior to the payment of disablement benefits to him. (4) 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 15 . (1) Notwithstanding anything to the contrary in this Act, where B the Minister considers it necessary so to do, he may, on the advice of the Lembaga, by order in the Gazette and subject to such conditions as he may consider necessary to impose, suspend, vary or discontinue the scheme. (2) Where the Minister suspends the scheme under subsection (1), no death or disablement benefits under the scheme shall be payable 26 Laws of Malaysia ACT 101 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. (3) 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). (4) 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. (5) 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 15 . (1) The Lembaga may, if it thinks fit, purchase units in unit trust C schemes for the benefit of and to be allocated to contributors in accordance with regulations made under subsection (3). (2) The unit trust benefit shall be accounted for in a separate account from the accounts referred to in sections 9, 9A and 10. (3) 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 15 . (1) There shall be established a scheme to be known as the D veteran annuity scheme for the payments of annuities to— (a) a serviceman who fulfils the following conditions: Tabung Angkatan Tentera 27 (i) he has been discharged from service with the regular forces of Malaysia except on the ground of misconduct; and (ii) he is not qualified for pension; and (b) an officer who fulfils the following conditions: (i) he has completed less than twenty years of service and has not been terminated on the ground of misconduct; (ii) he has not elected to be paid terminal gratuity; and (iii) he has elected to participate in the veteran annuity scheme. (2) 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— (a) the payment credited under subsection 9(2) to the account of a serviceman referred to in paragraph (1)(a); or (b) 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). (3) The payments of annuities under subsection (2) shall cease to be payable if the amount referred to in paragraph (2)(a) or (b), as the case may be, is withdrawn under paragraph 12(1A)(b). (4) 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. 28 Laws of Malaysia ACT 101 Annual estimates 16. The Lembaga shall, not later than one month before the commencement of each financial year, consider and approve an estimate of the expenditure of the Lembaga (including capital expenditure) for the ensuing year. Accounts and audit 17. (1) The Lembaga shall cause to be kept proper accounts and other records in respect of its operations and shall cause to be prepared statements of accounts in respect of each financial year. (2) 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. (3) 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. (4) The Minister shall cause a copy of every such statement and observation to be laid before each House of Parliament. Annual report 18. (1) The Lembaga shall, not later than 30 June in each year, cause to be made and submitted to the Minister a report dealing with the activities of the Lembaga during the preceding financial year and containing such information relating to the proceedings and policy of the Lembaga as the Minister may from time to time direct. (2) The Minister shall cause a copy of every such report to be laid before each House of Parliament. Tabung Angkatan Tentera 29 PART III GENERAL Appointment of Chief Executive, Deputy Chief Executive and officers and servants of the Lembaga 19. (1) Subject to the approval of the Minister, the Lembaga may appoint on such terms as the Lembaga thinks fit a Chief Executive and a Deputy Chief Executive. (2) 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. (3) The Lembaga may appoint such officers and servants as it may consider necessary for the efficient conduct of the affairs of the Lembaga. (4) 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 20. All members, officers and servants, as the case may be, of the Lembaga, the Investment Panel and any corporation established under section 23 shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Application of Public Authorities Protection Act 1948 21. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Lembaga, Chairman, any member of the Lembaga, the Investment Panel, any member of the Investment Panel, officer, servant or agent of the 30 Laws of Malaysia ACT 101 Lembaga or corporation established under section 23 and any member, officer, servant or agent of such corporation, in respect of any act, neglect or default done or committed by him in such capacity. Power of Lembaga to make regulations 22. The Lembaga may with the approval of the Minister make regulations providing for all or any of the following matters: (a) 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; (b) imposition of fees in such cases as may be determined by the Lembaga; (c) financial and accounting procedures; (d) repayment of contributions under this Act, or of any part of such contributions, paid in error, together with any interest on such contributions; (e) payment of contributions under this Act, or of any part of such contributions, omitted to be paid in error; (ea) the management of the sums of moneys paid into the scheme pursuant to paragraph 11(2)(ba); (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; (ec) the persons to whom death and disablement benefits are to be paid, including provisions for the nomination of such persons by a contributor, the manner of revoking such nomination and the circumstances in which such nomination is to be treated as having ceased to be in effect; (ed) the giving effect to any order made under section 15B; (f) the disposal of amounts which are unclaimed, unpaid or otherwise remain in the Tabung; (g) 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; (gb) (Deleted by Act A1506); (h) 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 22 . (1) The Lembaga may, with the approval of the Minister, make A such regulations as it deems necessary or expedient to provide for the conduct and discipline of the officers and servants of the Lembaga. (2) The regulations made under this section may include— (a) provisions for the establishment of appropriate disciplinary authorities for the different categories of officers and servants of the Lembaga; 32 Laws of Malaysia ACT 101 (b) provisions for the establishment of a Disciplinary Appeal Board to hear appeals from the decisions of the disciplinary authorities; and (c) provisions for— (i) the interdiction with reduction in salary or other remuneration; or (ii) the suspension without salary or other remuneration, of an officer or servant of the Lembaga during the pendency of disciplinary proceedings. (3) 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. (4) 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 22 . (1) If it appears to the Lembaga that any person who is or was in B the employment of the Lembaga— (a) has failed to collect any moneys owing to the Lembaga for the collection of which he is responsible; (b) 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; (c) 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; (d) being or having been an accounting officer, fails or has failed to keep proper accounts or records;

or Tabung Angkatan Tentera 33 (e) 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. (2) 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. (3) 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. (4) 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— (a) from the salary of the person surcharged if the Lembaga so directs; or (b) from the pension of the person surcharged if the Lembaga so directs, 34 Laws of Malaysia ACT 101 by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person. (5) 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 23. (1) The Lembaga may from time to time, on the advice given by the Investment Panel and with the approval of the Minister and the concurrence of the Minister of Finance, by order published in the Gazette establish a corporation by such name as the Lembaga may think fit to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Lembaga in furtherance of its functions under this Act, and the corporation may so do either by itself or by entering into partnership or any arrangement for sharing of profits, co-operation, joint venture or otherwise. (2) Any moneys required for the establishment of a corporation shall be derived from the moneys made available for investment under paragraph 15(1)(a). (3) The provisions of the Third Schedule shall apply to every corporation. Lembaga may incorporate company 24. The Lembaga may, with the approval of the Minister and Minister of Finance, incorporate a company to carry on or engage in any activity approved or undertaken by the Lembaga for the purpose of this Act. Provision for advancement from Federal Consolidated Fund 25. If the Lembaga is at any time unable to pay any sum of money standing to the credit of the contributor’s account to the contributor, the heir or the next of kin of the contributor, as required under this Act, the sum required to be so paid shall be charged on and advanced to the Tabung Angkatan Tentera 35 Lembaga from the Federal Consolidated Fund and the Lembaga shall, as soon as practicable, repay to the Government of Malaysia the sum so advanced. FIRST SCHEDULE [Section 4] 1. (1) The Chairman and other members of the Lembaga appointed under paragraph 4(3)(d) (other than the Chief of Defence Forces) and (e) shall serve for such period, not exceeding three years, as may be specified in their letters of appointment and they shall be eligible for reappointment. (2) Every member shall be eligible for reappointment. 2. The appointment of the Chief of Defence Forces shall be by virtue of his office. 3. If the Chairman is unable to exercise his functions under this Act owing to illness, absence from Malaysia or for any other cause whatsoever, his functions shall be exercised by the Deputy Chairman. 4. (1) The Lembaga shall meet at least once in every six months. (2) 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. (3) 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. (4) Subject to subparagraphs (1), (2) and (3) the Lembaga may make its own procedure. 5. (1) The common seal of the Lembaga shall bear such impression as the Lembaga may approve and such seal may from time to time be broken, changed, altered or made anew by the Lembaga as it may think fit. (2) 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. (3) 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 ACT 101 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. (4) The seal of the Lembaga shall be officially and judicially noticed. 6. There may be paid to each member of the Lembaga out of the Tabung such allowances, including travelling and subsistence allowances, as the Lembaga may from time to time determine subject to such limits and conditions as the Minister may impose. 7. (1) Any member of the Lembaga who has or acquires, directly or indirectly, by himself, his partner or agent— (a) any share or interest— (i) in any contract made with the Lembaga; (ii) in any work done for the Lembaga; or (iii) in any company or firm or in respect of any undertaking with which the Lembaga proposes to enter into a contract; or (b) 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. (2) 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. (3) 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. (4) 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 (5) 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] 1. (Deleted by Act A1668). (2) 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. 2. The Chairman and two other members of the Investment Panel shall form a quorum at any meeting of that Panel. 2A. The Chairman or, in his absence, the member elected by the members of the Investment Panel present shall preside over the meetings of the Investment Panel. 3. The Investment Panel shall meet as and when required. 4. There may be paid to each member of the Investment Panel out of the Tabung such allowances, including travelling and subsistence allowances, as the Lembaga may from time to time determine subject to such limits and conditions as the Minister may impose. 5. If any member of the Investment Panel is financially interested in any scheme, project or enterprise undertaken or is recommended by the Investment Panel to be undertaken by the Lembaga, he shall forthwith declare to the Lembaga in writing the nature and extent of his interest in such scheme, project or enterprise and of any subsequent change in the nature or extent of his interest therein. 38 Laws of Malaysia ACT 101 THIRD SCHEDULE [Section 23] 1. The Lembaga shall in the order by which a corporation is established make provision in respect of any or all of the following matters: (a) the purposes of and objects for the establishment of the corporation; (b) the rights, powers, duties and functions of the corporation, including its power to borrow; (c) the management of the corporation; (d) the proceedings and meetings of the corporation, including the quorum required for, and the manner of voting at, meetings; (e) the finances of the corporation, the accounts to be kept and the audit of the accounts; (f) the terms and conditions of service of officers and servants of the corporation; and (g) the relations between the corporation and the Lembaga and the Lembaga’s rights of control over the corporation. 2. Subject to the provisions of this Act, the provisions of the order establishing a corporation shall be binding on it. 3. The Lembaga may at any time with the approval of the Minister and the concurrence of the Minister of Finance amend the order establishing a corporation. 4. (1) The Lembaga may with the approval of the Minister and the concurrence of the Minister of Finance by order published in the Gazette direct that any corporation established by it shall be wound up and dissolved in such manner as may be specified by the Lembaga. (2) Upon the dissolution of a corporation, its assets after payment of all liabilities shall be transferred to and shall vest in the Lembaga. (3) 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. (4) 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 5. Every corporation shall be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in its name, and may enter into contracts and may hold and deal in or with any immovable or movable 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 the Lembaga may impose in each case. 6. (1) Every corporation shall have a common seal which shall bear such impression as the corporation, with the approval of the Lembaga, may approve, and such seal may from time to time be broken, changed, altered or made anew as the corporation shall think fit. (2) 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. (3) 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. (4) The seal of every corporation shall be officially and judicially noticed. 40 LAWS OF MALAYSIA Act 101 TABUNG ANGKATAN TENTERA ACT 1973 LIST OF AMENDMENTS Amending law Short title In force from Act A489 Tabung Angkatan Tentera 30-05-1980 except (Amendment) Act 1980 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 Act A646 Tabung Angkatan Tentera 16-05-1986 except (Amendment) Act 1986 s.2(1),5(1) and 7(1)(a): 01-11-1985; s. 3(1) and 4(1): 01-01-1984 Act A896 Tabung Angkatan Tentera 08-07-1994 (Amendment) Act 1994 Act A905 Tabung Angkatan Tentera and Tabung 01-10-1994 Bekas Perajurit (Amendment) Act 1994 Act A929 Tabung Angkatan Tentera and Tabung 10-11-1995 Bekas Perajurit (Amendment) Act 1995 Act A1094 Tabung Angkatan Tentera 01-08-1972 except s. 2 (Amendment) Act 2000 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) 2 8 -09-2001 Act 2001 Act A1506 Tabung Angkatan Tentera 08-03-2016 except (Amendment)) Act 2016 s.2, p. 4(c), s.5 and 6, p. 7(a), s.9 and 11: 01-01-2016 Act A1547 Tabung Angkatan Tentera 01-11-2017 (Amendment) Act 2017 Act A1668 Tabung Angkatan Tentera 01-11-2022 (Amendment) Act 2022 42 LAWS OF MALAYSIA Act 101 TABUNG ANGKATAN TENTERA ACT 1973 LIST OF SECTIONS AMENDED Section Amending authority In force from Long title Act A896 08-07-1994 Act A929 10-11-1995 Act A1094 01-08-1972 1 Act A896 08-07-1994 Act A929 10-11-1995 2 Act A489 01-11-1985 Act A896 08-07-1994 Act A929 10-11-1995 Act A1094 01-08-1972; 01-12-1996 Act A1547 01-11-2017 Act A1668 01-11-2022 PART II Act A896 08-07-1994 Act A929 10-11-1995 3 Act A489 01-10-1977; 01-11-1985 Act A646 01-11-1985 Act A896 08-07-1994 Act A929 10-11-1995 Act A1094 01-08-1972; 01-12-1996 Act A1506 01-01-2016 Act A1547 01-11-2017 3A Act A896 08-07-1994 Act A929 10-11-1995 4 Act A896 08-07-1994 Act A905 01-10-1994 Act A1130 28-09-2001 Act A1668 01-11-2022 5 Act A896 08-07-1994 Act A929 10-11-1995 Tabung Angkatan Tentera 43 Section Amending authority In force from Act A1094 01-08-1972 6 Act A646 01-01-1984 Act A896 08-07-1994 Act A929 10-11-1995 Act A1506 08-03-2016 Act A1130 28-09-2001 Act A1668 01-11-2022 8 Act A1668 01-11-2022 9 Act A489 01-08-1972; 01-10-1977 Act A1506 01-01-2016; 08-03-2016 Act A1547 01-11-2017 Act A1668 01-11-2022 9A Act A1506 01-01-2016 Act A1547 01-11-2017 Act A1668 01-11-2022 10 Act A929 10-11-1995 Act A1094 01-08-1972 Act A1506 01-01-2016 11 Act A489 01-11-1985 Act A1547 01-11-2017 Act A1668 01-11-2022 12 Act A905 01-10-1994 Act A1094 01-08-1972 Act A1506 01-01-2016; 08-03-2016 Act A1547 01-11-2017 Act A1668 01-11-2022 12A Act A1506 08-03-2016 13 Act A489 01-08-1972 Act A1506 01-01-2016 14 Act A1506 08-03-2016 15 Act A489 01-08-1975 Act A646 01-01-1984 Act A896 08-07-1994 Act A905 01-10-1994 Act A929 10-11-1995 44 Laws of Malaysia ACT 101 Section Amending authority In force from Act A1094 23-12-2000 Act A1668 01-11-2022 15A Act A489 30-05-1980 Act A646 01-11-1985 15B Act A646 16-05-1986 15C Act A1094 01-12-1996 Act A1506 01-01-2016 15D Act A1547 01-11-2017 18 Act A905 01-10-1994 19 Act A929 10-11-1995 20 Act A489 16-05-1986 22 Act A489 30-05-1980 Act A646 01-11-1985; 16-05-1986 Act A896 08-07-1994 Act A905 01-10-1994 Act A929 10-11-1995 Act A1094 01-08-1972 Act A1506 08-03-2016 Act A1547 01-11-2017 22A Act A905 01-10-1994 22B Act A905 01-10-1994 23 Act A489 01-07-1983 Act A905 01-10-1994 24 Act A1668 01-11-2022 25 Act A1668 01-11-2022 First Schedule Act A905 01-10-1994 Act A1130 28-09-2001 Second Schedule Act A1668 01-11-2022 Third Schedule Act A489 01-07-1983