There shall be established a Council called the "Human Resources Development Council" which shall be a body corporate with perpetual succession and a common seal and which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy 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 immovable property or any interest therein vested in the Council upon such terms as it thinks fit.
The Council shall be the Trustee of the Fund.
(1) The Council shall consist of fourteen members who shall be appointed by the Minister, of whom—
(a) ten persons shall be representatives of employers; and
(b) four persons shall be representatives of government or public sector agencies responsible for manpower development or training.
(2) The Minister may, in addition to the persons mentioned in subsection (1), appoint to be members of the Council not more than two persons who, in the opinion of the Minister, are able to contribute to the work of the Council.
(3) The Minister shall appoint among the persons mentioned in subsection (1) a Chairman and Deputy Chairman of the Council. The person appointed to be Chairman shall be a member appointed under subsection (l)(a).
(1) The Minister may, in respect of each of the members of the Council other than the Chairman, Deputy Chairman and members appointed under section 12 (2), appoint a person to be an alternate member to attend meetings of the Council in place of the member when the member is for any reason unable to attend.
(2) When attending meetings of the Council in place of a member, an alternate member shall for all purposes be deemed to be a member of the Council.
(3) An alternate member shall cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Council.
(4) The provisions of the Third Schedule shall apply to the members of the Council.
(1) If for any reason the Chairman is unable to attend a meeting of the Council or during the absence of the Chairman at a Council meeting, the Deputy Chairman shall exercise the powers of Chairman.
(2) In the event that both the Chairman and Deputy Chairman are unable to attend a meeting of the Council, the remaining Council members shall elect from among themselves a person to be Chairman for the duration of the meeting and the person so elected shall be deemed to be temporarily exercising the powers of the Chairman.
The functions of the Council shall be—
(a) to assess and determine the types and extent of employee training and retraining in keeping with the human resources needs of industries;
(b) to promote and stimulate manpower training; and
(c) to determine the terms and conditions under which any financial assistance or grant is to be given.
The Council shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of its functions, and in particular, but without prejudice to the generality of the foregoing provisions—
(a) to collect and recover or cause to be collected and recovered all monies due to the Fund;
(b) to establish guidelines for processing applications to the Fund for financial assistance;
(c) to determine the terms and conditions for the making of grants or loans from the Fund, including the amounts that may be approved in respect of each application;
(d) to determine the proportion of monies of the Fund which should be used for grants or for loans, including the proportion that should be provided in the form of a grant or by way of a loan in respect of each approved application;
(e) to organize, establish, upgrade and maintain, or to assist in the organization, establishment, upgrading and maintenance of, training facilities;
(f) to organize and supervise, or to assist in the organization and supervision of, the implementation of training courses, projects and programmes; and
(g) to examine any records, accounts and any other document relating to the grant, loan or any other benefit granted under this Act to any employer to ensure due compliance by the employer of the provisions of this Act.
The Council may appoint a chief executive to be designated as the Director-General and such other officers and servants as it considers necessary for the carrying out of its functions on such terms and conditions as may be determined by the Council.
The members of the Council and of the Investment Panel, the Director-General and the other officers and servants of the Council shall be deemed to be public servants within the meaning of the Penal Code.
The Council may set up committees consisting of members of the Council or persons who are not members of the Council or a combination of both to advise or assist the Council on such matters concerning its functions as it considers fit, and the Council may delegate subject to such conditions or restrictions as it may impose, such of its functions as it considers fit to any such committees.