EPF Act 1991

First Schedule

FIRST SCHEDULE

(Section 2)

PERSONS WHO ARE NOT EMPLOYEES

  1. All nomadic aborigines unless in any particular case the Director- General for Orang Asli Affairs otherwise recommends.
  2. Domestic servants as defined in section 3 of the Workmen's Compensation Act 1952 [Act273], except when employed-
    1. by any employer specified in the Second Schedule to this Act;
    2. by any society registered or required to be registered under any written law for the time being in force relating to the registration of societies or co-operative societies;
    3. in any business registered or licensed or required to be registered or licensed under the Registration of Businesses Act 1956 [Act 197], the Trades Licensing Ordinance of Sabah [Sabah Cap. 144], the Businesses, Professions and Trades Licensing Ordinance of Sarawak [Sarawak Cap. 33] or the Businesses Names Ordinance of Sarawak [Sarawak Cap. 64], as the case may be; or
    4. by any corporation incorporated under any written law.
  3. Domestic servants as defined aforesaid (other than those excepted under paragraph (2)) who have not, in respect of any employment in which they are then engaged, given to the Board and their employers one month's notice in the prescribed form of their intention to be members of the Fund.
  4. Out workers as defined in section 3 of the Workmen's Compensation Act 1952, except when employed by any employer specified in the Second Schedule.
  5. Any person detained in any prison, Henry Gurney School, approved school, place of detention, mental hospital, rehabilitation centre having the same meaning in the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283] or leper settlement.
    [Am. Act A958/1996]
  6. Any person who is employed and whose country of domicile is outside Malaysia and who enters and remains temporarily under the authority of any pass issued under the provisions of any written law relating to immigration and who has not given to the Board and his employer one month's notice in the prescribed form of his intention to be a member of the Fund.
    [Am. Act A958/1996; Ins. Act A1190/2003]
  7. Any person who is employed and whose country of domicile is outside Malaysia and who is in accordance with his terms and conditions of service participates in a provident fund or other similar scheme established or administered outside Malaysia.
    [Am. Act A958/1996; Ins. Act A1190/2003]
  8. Any person who is employed and whose country of domicile is outside Malaysia and who has obtained prior written approval from the Board to participate in accordance with his terms and conditions of service in a provident fund or other scheme established or administered in Malaysia.
    [Am. Act A958/1996]
  9. Any person who is a Member of the Administration as defined under Article 160 of the Federal Constitution.
  10. (Deleted by Act A1190/2003).
  11. (Deleted by Act A1190/2003).
  12. (Deleted by Act A1190/2003).
  13. Any person who has attained the age of seventy-five years.

[Ins. Act A1300/ 2007]