Malaysia legislation
Section 12
Section 12
Chief Minister, as the case may be, may, by notification in the Gazette—
(2)
The quorum for every meeting of a procurement board shall not be less than three including the chairman.
(3)
No person other than members of the procurement board shall be present or take part in a meeting of the procurement board unless—
(a)
he is a member of the secretariat for the procurement board as designated by the controlling officer; or
(b)
he is a public officer invited by the chairman for the purpose of advising the procurement board on any matter being deliberated.
(4)
Any public officer invited under paragraph (3)(b) shall not be entitled to vote or be present during the making of a decision by the procurement board.
(5)
A member of a procurement board having directly or indirectly, by himself, a member of his family or his associate, any interest in any matter under discussion by the procurement board shall disclose to the procurement board the fact and nature of his interest.
(6)
A disclosure under subsection (5) shall be recorded in the minutes of the meeting and after the disclosure, the member having an interest in the matter—
(a)
shall not be present or take part, in any deliberation or decision made, by the procurement board on that matter;
(b)
shall be disregarded for the purpose of constituting a quorum of the meeting for the deliberation or making of a decision on that matter; and
(c)
where the member having an interest is the chairman of the procurement board, shall remove himself and be replaced by an alternative chairman as prescribed.
Act 882
(7)
No act or proceedings of a procurement board shall be invalidated on the ground that any member of the procurement board has contravened the provisions of this section.
(8)
If a procurement board fails to reach a unanimous decision on any matter being deliberated in a meeting, the procurement board shall refer the matter to the Minister or, in relation to a
State, Menteri Besar or Chief Minister or any other authority as may be determined by the State Government, as the case may be, for a decision.
(9)
For the purposes of this section—
(a)
“a member of his family” includes—
(i)
his spouse;
(ii)
his parent, including a parent of his spouse;
(iii)
his child, including an adopted child or stepchild;
(iv)
his brother or sister, including a brother or sister of his spouse; and
(v)
a spouse of his child, brother or sister;
(b)
“associate” means—
(i)
a person who is a nominee or an employee of the member;
(ii)
a firm of which the member or any nominee of his is a partner;
(iii)
a partner of the member;
(iv)
a trustee of a trust under which the member or a member of his family is a beneficiary; or
(v)
any corporation within the meaning of the Labuan
Companies Act 1990 or the Companies Act 2016, as the case may be, of which or in which the member or any nominee of his or a member of his family is a director or has a substantial shareholding.
Government Procurement 25
Approvals by Minister, Menteri Besar, Chief Minister, etc.