Section 21

to uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour;

to facilitate the acquisition and dissemination of legal knowledge by members of the legal profession in Sabah;

to assist the Government and the courts in all matters affecting legislation and the administration and practice of the law in

Sabah;

Undang-Undang Malaysia 34

Akta A1528

to promote good relations and social intercourse amongst members and between members and other persons concerned in the administration of law and justice;

to protect and assist the public in all matters and if necessary to voice or express an opinion relating, ancillary or incidental to, the law;

to promote a system of legal advice and aid to deserving persons;

to encourage, establish and maintain good relations with professional bodies of the legal profession within and outside Sabah and to participate in the activities of any local or international association and become a member of such association;

to maintain and improve the standards of professional practice, etiquette, conduct, discipline and learning of the legal profession in Sabah;

to represent, protect and assist members of the legal profession in Sabah and to promote in any proper manner the interests of the legal profession in Sabah;

to establish libraries and to acquire or rent premises to house the libraries and offices of the Law Society or amenities for the use of members either alone or in conjunction with any other body or society;

to own, accept, hold, acquire, lease or apply for or transfer, dispose, assign, let or otherwise deal with properties both movable and immovable for the benefit of the Law Society and members;

to borrow money whether by way of bank overdraft or otherwise for such purposes of the Law Society as the Law Society may from time to time consider desirable;

Ordinan Peguam Bela (Sabah) (Pindaan)

to grant pecuniary or other assistance to any association, institute, board or society in

Sabah;

to afford pecuniary and other assistance to members or former members of the Law

Society and to their spouses, widowers or widows and children who are in need of any such assistance;

to make rules governing the manner of convening general meetings of the Law

Society and the procedure at the meetings of which rules shall be approved and may be amended by ordinary resolution at the general meeting of the Law Society;

to establish a Compensation Fund; and

to do all such things as are incidental or conducive to the achievement or betterment of the purposes of the Law Society.

Members of the Law

Society.

The Law Society may from time to time fix levies payable by members for any of the purposes of the Law Society.

The total subscriptions payable under subsection (1) and the levies payable under subsection (2)

shall not in any calendar year exceed five hundred ringgit for each member without the approval of two-thirds of the members present and voting in person at a general meeting of the Law Society.

All annual subscriptions shall be paid by the 30th day of June of each year. Any payment made after this date shall bear a penalty sum of an amount equivalent to the amount so due.

Undang-Undang Malaysia 36

Akta A1528

Executive

Committee.

The Executive Committee shall consist of the following members:

Notwithstanding subsection (2), the first

Executive Committee shall be the current office-bearers of the Sabah Law Association.

The first Executive Committee referred to in subsection (3) shall remain in office until the annual general meeting is held and elections of the members of the Executive Committee referred to in subsection (2) have taken place in the manner and at the times provided in this Ordinance.

All powers, acts or things which are not expressly authorized, directed or required to be exercised or done by the Law Society in a general meeting may, subject to this Ordinance and any rules made under this Ordinance or any resolution passed from time to time by the Law Society in a general meeting, be exercised or done by the

Executive Committee.

Notwithstanding subsection (5), such resolution of the Law Society shall not invalidate the previous exercise of any power or the previous doing of any act or thing by the Executive Committee which would have been valid if the resolution had not been passed.

Ordinan Peguam Bela (Sabah) (Pindaan)

The members of the Executive Committee, except for the immediate past President, shall be elected at the annual general meeting of the members and the elected members are eligible for re-election.

A person shall be disqualified from being a member of the Executive Committee—

to fill casual vacancies of the Executive

Committee and to appoint sub-committees;

to make rules for giving effect to the objects of the Law Society and to provide for all matters not expressly reserved to the Law

Society in a general meeting whether the same be expressed in its powers or not;

Undang-Undang Malaysia 38

Akta A1528

to answer questions affecting the practice and etiquette of the profession and the conduct of members;

to take cognizance of anything affecting the

Law Society or the professional conduct of its members and to bring before any general meeting of the Law Society any matter which it considers material to the

Law Society or to the interests of the profession and to make any recommendations and to take any action as it considers fit in relation to the recommendations;

to examine and, if it considers fit, to report upon current or proposed legislation and any other legal matters;

to represent members of the Law Society or any section of the Law Society or any particular member in any matter which may be necessary or expedient;

with the prior approval of the Law Society in a general meeting, to award prizes and scholarships for students of law and to lay down the conditions for their award;

to appoint officers, clerks, agents and servants for permanent, temporary or special services as it may from time to time consider fair and reasonable and to determine their duties and terms of service;

to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Law Society;

to communicate from time to time with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to be beneficial or of interest to members;

Ordinan Peguam Bela (Sabah) (Pindaan)

to institute, conduct, defend, compound or abandon any legal proceedings by and against the Law Society or its officers or otherwise concerning the affairs of the Law

Society and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Law Society;

to invest and deal with any money of the

Law Society from time to time in securities authorized for investment of trust funds by any written law;

from time to time to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Law Society or without any such security and upon such terms as to priority or otherwise as the

Executive Committee shall consider fit;

and

to exercise all such powers, privileges and discretions as are not by this Ordinance expressly and exclusively required to be exercised by the members of the Law

Society in a general meeting.

The rules referred to in paragraph (1)(b) shall only come into operation after the rules have been adopted by the general meeting.

Right to inspect files of proceedings in bankruptcy.

Registers shall be kept of all donations to the

Law Society including the names of the donors and any special conditions on which any donation has been given.

All property, monies or funds donated to the Law Society for any specific purposes shall, subject to the law relating to charities, be applied and administered in accordance with the purposes for which they have been donated and shall be separately accounted for.

Representation in court.

Seven members personally present at any meeting of the Executive Committee shall constitute a quorum for the transaction of any business.

A decision of the majority of the members of the Executive Committee present and voting at any meeting of the Executive Committee shall be deemed to be a decision of the Executive Committee.

At any meeting of the Executive Committee the President shall have a casting vote.

Ordinan Peguam Bela (Sabah) (Pindaan)

Subject to any rules of the Law Society, the

Executive Committee may regulate its own proceedings and in particular the holding of meetings, the notice to be given of any meetings, the proceedings at the meeting, the keeping of minutes and the custody, production and inspection of the minutes.

Expenses of members.

to receive the report of the President of the Executive Committee;

to receive the accounts of the Law Society;

to elect members of the Executive Committee;

to appoint an auditor; and

to consider such other matters as may be referred to the meeting of which adequate notice has been given to the members or otherwise referred by the President of the

Executive Committee.

If any member of the Law Society desires to propose any motion to be considered at the annual or other general meeting to be convened under this section he shall, in not less than seven days before the date of the proposed meeting, serve upon the

Secretary of the Law Society notice of such motion in writing.

Undang-Undang Malaysia 42

Akta A1528

General meeting.

If a request in writing is made to the President,

Vice-President or Secretary of the Law Society by not less than thirty percent of the number of ordinary members, the Executive Committee shall convene a general meeting within three weeks of the receipt of such request.

The request referred to in subsection (2)

shall specify the object or objects of the proposed meeting.

If any member of the Law Society desires to propose any motion to be considered at an annual general meeting to be convened under this section he shall, in not less than seven days before the date of the proposed meeting, serve upon the Secretary of the Law Society notice of such motion in writing.

Notice of general meeting.

If within half an hour from the time appointed for the meeting a quorum is not present, the meeting if convened at the requisition of members shall be dissolved, and in any other case the meeting shall stand adjourned to such date (of not less than fourteen days), time and place as the members present shall decide.

Ordinan Peguam Bela (Sabah) (Pindaan)

If at the adjourned meeting a quorum of members is not present within half an hour from the time appointed for the meeting, the members present shall proceed with the meeting as if a quorum is present provided that the members present shall not be less than forty in number.

Voting.

Voting at a general meeting may be by show of hands or by secret ballot if the members at the meeting so decide.

For the purposes of this section, “general meeting” includes annual general meeting and extraordinary general meeting.

Financial provisions.

All cheques shall be signed by the Treasurer of the Executive Committee and countersigned by the

President or Secretary of the Executive Committee.

Names of

Executive

Committee to be published in the Sabah

Government

Gazette.