Other department for specific businesses/trades
Short Writeup
Other Departments referred here as
1. MIDA/ MITI
2. Department of Environment (DOE)
3. Department of Safety and Health (DOSH)
MIDA/MITI
The Malaysian Industrial Development Authority or MIDA is an agency of the Ministry of International Trade and Industry (MITI). MIDA is in charge of the promotion and co-ordination of industrial development in Malaysia. It is closely concerned with implementing the Industrial Co-ordination Act 1975.
Department & Agencies
Malaysian Industrial Development Authority (MIDA)
Kementerian Perdagangan Antarabangsa & Industri / Ministry of International Trade & Industry
Statutes & Regulations
Industrial Co-ordination Act 1975;
Effects of Non-Compliance
General penalty;
Any person who fails to comply with or give effect to an order made under subsection 13 (2) commits an offence and is liable to a fine not exceeding RM2,000 or to imprisonment for a term not exceeding 6 months or to both and where the person continues to commit the offence after the first commissions thereof, he is also liable to a further fine not exceeding RM200 every day during which he so continues to commit the offence. (Section 15A).
Licenses & Permits
Incentive To Acquire A Foreign Company
Pioneer Status Incentive For The Software Industry
New Manufacturing Projects
Existing Manufacturers Formerly Exempted
Expansion and or Diversification Projects by Licensed Manufacturer
New Agriculture Integrated Agricultural Projects
Expansion and or Diversification of Existing Agricultural
Duplicate Manufacturing License
High Technology Companies – New Manufacturing Project
High Technology Companies – Expansion and/or Diversification
Tax Incentive For Small Scale Manufacturing Companies
Expatriate Posts for New Projects
Expatriate Posts for Expansion and/or Diversification Projects
Import Duty, Excise Duty and Sales Tax Exemption on Machinery and Equipment
Import Duty Exemption on Additional Quantities of Raw Materials and Companies to Manufacture Finished Product
Import Duty Exemption on Raw Materials and Components to Manufacture Finished Product
Import Duty and/or Sales Tax Exemption on Raw Materials Components to Manufacture Finished Products with Nil Duty; And Machinery and Equipment without Sales Tax
Import Duty Exemption for Sales to Principal Customs Area (PCA) by Manufacturing Companies in Free Zone (FZ) Licensed Manufacturing Warehouse (LMW)
Import Duty, Excise Duty and Sales Tax Exemption on Educational Equipment for Private Higher Education Institutions, Private Language Centers and Approved Training Institutions
Indirect Export of Finished Products to Local Companies Granted Import Duty Exemption on Raw Materials and Components for the Export of Finished Products
Incentives for Contract Research and Development Companies and Research and Development Companies or
Investment Tax Allowance of 50% For In-House Research
Exemption of Import Duty, Sales Tax and Excise Duty on Materials, Raw Materials Component Parts, Samples and Machinery Equipment For R&D.
Forms
AFC 1-Incentive To Acquire A Foreign Company
CSD2-Pioneer Status Incentive For The Software Industry
ica1 97-050505-New Manufacturing Projects
ica2 97-050505-Existing Manufacturers Formerly Exempted
ica3 97-060505-Expansion and/or Diversification Projects by Licensed Manufacturers
ica4 97-060505-New Agricultural Integrated Agricultural Projects
ica5 97-060505-Expansion and/or Diversification of Existing Agriculture
ica6 97-new-Duplicate Manufacturing License
ica8 97-060505-High Technology Companies – New Manufacturing Project
ica9 97-090505-High Technology Companies – Expansion and/or Diversification
JA1 – 97-050505-Expatriate Posts for New Projects
JA2-97-050505-Expatriate Posts for Expansion and/or Diversification Projects
PC1(97) 220705 – Import Duty, Excise Duty and Sales Tax Exemption on Machinery and Equipment
PC2(97) – Import Duty Exemption on Raw Materials and Components to Manufacture Finished Project
PC2-1-Import Duty Exemption on Additional Quantities on Raw Materials and Components to Manufacture Finished Product
PC2A-Import Duty and/or Sales Tax Exemption on Raw Materials Components to Manufacture Finished Products with Nil Duty;
PC3 (2004) 2602- Import Duty Exemption for Sales to Principal Customs Area (PCA) by Manufacturing Companies in Free Zone (FZ) Licensed Manufacturing Warehouses (LMW)
PC4-26020-Import Duty, Excise Duty and Sales Tax Exemption on Educational Equipment for Private Higher Education Institutions, Private Language Centre and Approved Training Institutions
PC5 2602-Indirect Export of Finished Products to Local Companies Granted Import Duty Exemption on Raw Materials and Components for the Export of Finished Products
R&D1 – Incentives For Contract Research and Development Companies and Research and Development Companies
R&D2-Investment Tax Allowance of 50% For-In-House Research
R&D4 220705-Exemption of Import Duty, Sales Tax and Excise Duty on Materials, Raw Materials-Component Parts, Samples and Machinery Equipment for R&D
Department of Environment (DOE)
In recent years this department has grown in importance, Industries in particular. Those that use chemicals or produce chemicals whether as their products or by-products are subject to scrutiny by this department. Their activities must be approved before the industries may commence production.
Department & Agencies
Kementerian Sumber Asli & Alam Sekitar/Ministry
Statutes & Regulations
ENVIRONMENT QUALITY ACT 1974
Effects of non-Compliance
Penalty for offences:-
Every omission or neglect to comply with, and every act done or attempted to be done contrary to, the provisions of this Act or any regulations made thereunder or any breach of the conditions and restrictions subject to, or upon which, any licenses issued under this Act or any regulations made thereunder shall be an offence against this Act and in respect of any such offence for which no penalty is expressly provided the offender shall be liable to a fine not exceeding RM10,000 or to imprisonment for a period not exceeding 2 years or to both. [Section 41].
Compounding of offences.
The Director General or any Deputy Director General, or any other public officer or any local authority to whom the Director General has delegated such power in writing, may compound any offence under this Act or the regulations made thereunder which s prescribed by the Minister to be a compoundable offence by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding RM2,000. [Section 45].
Licenses & Permits
Application for a license under section 22(1) of the Environmental Quality Act 1974 (Open Burning)
Application for a license renewal of a license transfer of a license under the Environmental Quality Act 1974
Information on the waste disposal of sewage and industrial effluents
Application for the importation of scheduled waste to Malaysia.
Forms
Borang AS14-Application for the importation of scheduled waste to Malaysia
Borang AS1A2-99-Application for a license under section 22(1) of the Environmental Quality Act 1974 (Open Burning)
Borang AS1Pin1-86-Application for a license renewal of a license transfer of a license under the Environmental Quality Act 1974
Borang AS9-Information on the waste disposal of sewage and industrial effluents
Department of Safety and Health (DOSH)
The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Human Resources. This department is responsible for ensuring the occupational safety, health and welfare of people at work as well as protecting other people from the safety and health hazards arising from the activities of various sectors which include:
Manufacturing
Mining and Quarrying
Construction
Hotels and Restaurants
Agriculture, Forestry and Fishing
Transport, Storage and Communication
Public Services and Statutory Authorities
Utilities-Gas, Electricity, Water and Sanitary Services
Finance, Insurance, Real Estate and Business Services
The department is a government agency responsible for the administration and enforcement of legislations related to occupational safety and health for our nation, with a vision of becoming the organization that leads the nation in creating a safe and healthy work culture that contributes towards enhancing the quality of working life.
FUNCTIONS OF THE DEPARTMENT
1. To study and review the policies and legislations of occupational safety and health.
2. To enforce the following legislations;
Occupational Safety and Health Act 1994 and its regulations
Factories and Machinery Act 1967 and its regulations
Part of Petroleum Act 1984 (Safety Measures) and its regulations
3. To conduct research and technical analysis on issues related to occupational safety and health at the workplace
4. To carry out promotional and publicity programs to employers, workers and the general public to foster and increase the awareness of occupational safety and health.
5. To provide advisory service and information to government and private agencies pertaining to management and technical aspects of occupational safety and health.
6. To become a secretariat for the National Council regarding occupational safety and health.
Effects of Non-Compliance
ACTS BEING ENFORCED BY THE DEPARTMENT
Factories and Machinery Act 1967 (Act 139)
Certificate of fitness
1. No person shall operate or cause or permit to be operated any machinery in respect of which a certificate of fitness is prescribed, unless there is in force in relation to the operation of the machinery a valid certificate of fitness issued under this Act.
2. In the case of any contravention of subsection (1) an Inspector shall forthwith serve upon the person aforesaid a notice in writing prohibiting the operation of the machinery or may render the machinery inoperative until such time as a valid certificate of fitness is issued.
3. Certificate of fitness issued under this Act shall be in the forms respectively prescribed, and shall be valid subject to this Act, for such period as may be prescribed. [Section 19].
Application for registration of any machinery;
Every person who comes into possession of any machinery in respect of which a certificate of fitness is prescribed, shall send to the Inspector such particulars in such manner as may be prescribed. [Section 37].
Offences
(1) Subject to subsection (2) to (4) where the occupier of a factory contravenes this Act he shall be guilty of an offence.
(2) Where the contravention as aforesaid is one in respect of which the owner is by or under this Act made responsible the owner shall be guilty of an offence.
(3) Notwithstanding subsection (1) and (2) whenever it is proved to the satisfaction of a court that a contravention of this Act, has been committed by any person other than the occupier or owner of the factory or machinery in respect of which the contravention has been committed, the owner or occupier as the case may be shall also be held to be liable for that contravention, and to the penalty therefore, unless he shall prove to the satisfaction of the court that the same was committed without his knowledge or consent and that he had taken all reasonable means to prevent the same and to ensure the observation of this Act.
(4) If the occupier or owner of a factory or machinery avails himself of any exception allowed by or under this Act and fails to comply to comply with any of the conditions attached to the exception, he shall be guilty of an offence. [Section 50].
Penalties
(1) Any person who contravenes subsections 19(1), section 31, subsection 34(1), 36(1), section 37, subsection 38(1), 39(1) and 40(3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.
(2) Any person who contravenes any other provision of this Act for which contravention no penalty is expressly provided shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.
(3) Where the offence of which any person is convicted is a continuing offence, such person shall, in addition to the punishment inflicted in respect of that offence, be further liable to a fine not exceeding one hundred ringgit for each day or part of a day during which the offence continues after the first day in respect of which the conviction is recorded. [Section 51].
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