Personal Data Protection Act 2010 [Act 709]

Part V   cite [+]


61 Establishment of Fund   cite [+]

(1) For the purposes of this Act, a fund to be known as the "Personal Data Protection Fund" is established.

(2) The Fund shall be controlled, maintained and operated by the Commissioner.

(3) The Fund shall consist of-

(a) such sums as may be provided by Parliament for the purposes of this Act from time to time;

(b) fees, costs and any other charges imposed by or payable to the Commissioner under this Act;

(c) all monies derived from the sale, disposal, lease, hire or any other dealings with the movable or immovable property vested in or acquired by the Commissioner;

(d) all monies as may be paid to the Commissioner from time to time for loans given by the Commissioner; and

(e) all other monies or property which may in any manner become payable to or vested in the Commissioner in respect of any matter incidental to his functions and powers.

62 Expenditure to be charged on Fund   cite [+]

The Fund may be expended for the following purposes:

(a) paying any expenditure lawfully incurred by the Commissioner;

(b) paying any expenses incurred for organizing campaigns, research, studies and publication of materials for the protection of personal data;

(c) paying the remuneration, allowances, benefits and other expenses of the Commissioner, Deputy Commissioners, Assistant Commissioners, members of the Advisory Committee, members, officers and servants of the Appeal Tribunal and officers and servants of the Commissioner, including the granting of loans and advances, superannuation allowances, retirement benefits and gratuities;

(d) paying any other expenses, expenditure, fees and costs, including fees for the engagement of consultants, and legal fees and costs, properly incurred or accepted, or deemed fit by the Commissioner in the performance of his functions and the exercise of his powers;

(e) purchasing or hiring equipment and materials, acquiring land and any assets, and carrying out any other works and undertakings in the performance of his functions and the exercise of his powers; and

(f) generally, paying any expenses for carrying into effect the provisions of this Act.

63 Conservation of Fund   cite [+]

It shall be the duty of the Commissioner to conserve the Fund by so performing his functions and exercising his powers under this Act as to secure that the total revenues of the Commissioner are sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.

64 Reserve fund   cite [+]

The Commissioner shall establish and maintain a reserve fund within the Fund.

65 Financial year   cite [+]

The financial year of the Commissioner shall begin on 1 January and end on 31 December of each year.

66 Limitation on contracts   cite [+]

The Commissioner shall not, without the approval of the Minister and the concurrence of the Minister of Finance, enter into any contract under which the Commissioner is to pay or receive an amount exceeding two million ringgit.

67 Bank accounts   cite [+]

The Commissioner shall open and maintain an account or accounts with such financial institution or financial institutions in Malaysia as the Commissioner, after consulting with the Minister, thinks fit; and every such account shall be operated upon as far as practicable by cheques signed by such persons as may be authorized by the Minister.

68 Accounts and audit   cite [+]

The Commissioner shall cause proper accounts to be kept and maintained in respect of the Fund and in compliance with the provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240].

69 Expenditure and preparation of estimates   cite [+]

(1) The expenditure of the Commissioner up to such amount as may be authorized by the Minister for any one year shall be defrayed out of the Fund.

(2) Before 1 June of each year, the Commissioner shall submit to the Minister an estimate of the expenditure for the following year in such form and containing such particulars as the Minister may direct.

(3) The Minister shall, before 1 January of the following year, notify the Commissioner of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure based on the estimate prepared under subsection (2).

(4) The Commissioner may at any time submit to the Minister a supplementary estimate of its expenditure for any one year and the Minister may allow the whole or any part of the additional expenditure to be included in the supplementary estimate.