MALAYSIA CO-OPERATIVE SOCIETIES COMMISSION (AMENDMENT) ACT 2023

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Amendment of section 2

by inserting after the definition of “credit facility”

the following definition:

‘ “Chief Executive Officer” means the Chief

Executive Officer of the Commission appointed under section 11a;’;

MALAYSIA CO-OPERATIVE SOCIETIES COMMISSION

(AMENDMENT) ACT 2023

by inserting after the definition of “director” the following definition:

‘ “Chairman” means the Chairman of the Board appointed under paragraph 11(3)(a);’;

in the definition of “appointed date”, by substituting for the full stop at the end of the definition a semicolon; and

by inserting after the definition of “appointed date”

the following definition:

‘ “Deputy Chief Executive Officer” means the

Deputy Chief Executive Officer appointed under section 11a;’.

Amendment of section 6

by substituting for subsection (1) the following subsection:

“(1)  The Commission shall have a board of directors which shall be responsible for the conduct of the business and affairs of the Commission and shall exercise all powers and do all acts which may be exercised or done by the Commission.”;

by deleting subsection (2);

by substituting for subsection (3) the following subsection:

“(3)  The Board shall consist of the following directors:

a C h a i r m a n a p p o i n t e d b y t h e

Yang di-Pertuan Agong, on the advice of the Minister;

Malaysia Co-operative Societies Commission

(Amendment)

the Secretary General or a Deputy

Secretary General of the Ministry charged with the responsibility for co-operative development as nominated by the

Minister;

the Secretary General of Treasury or a Deputy Secretary General of Treasury or any representative of the Ministry of

Finance;

a Secretary General or a Deputy

Secretary General of a ministry as appointed by the Minister;

the Governor, or a Deputy Governor or an Assistant Governor of Bank Negara

Malaysia as nominated by the Governor;

a Chief Executive Officer appointed by the Minister under section 11a; and

six persons appointed by the Minister, at least two of whom shall be persons of standing and experience in the co-operative movement.”;

by deleting subsections (4), (5) and (6);

in subsection (7)—

by substituting for the words “Executive Chairman and the Deputy Executive Chairman” the word

“Chairman”; and

by deleting subsection (8).

New sections 11a, 11b, 11c and 11d

The Chief Executive Officer and the Deputy Chief

Executive Officers shall devote the whole of his professional time to the service of the Commission and while holding office shall not occupy any other office or employment whether remunerated or not.

Notwithstanding subsection (2) and any other provision in this Act, the Chief Executive Officer or the Deputy Chief

Executive Officers may be appointed by any written law or constitution or statute or with the approval of the Minister to exercise such powers, discharge such duties, and perform such functions under any written law, and to be conferred with such title of office as may be set out in such written law.

Power and duty of Chief Executive Officer 11b.  (1)  The Commission shall vest in the Chief Executive

Officer such powers and impose upon him such duties as may be determined by the Board.

The Chief Executive Officer shall act under the general authority and directions of the Board which shall be consistent with this Act.

The Chief Executive Officer shall not decide on matters pertaining to policy and the strategic direction of the Commission without the approval of the Board.

Malaysia Co-operative Societies Commission

(Amendment)

The Chief Executive Officer shall—

The Chief Executive Officer shall exercise reasonable care, skill, diligence and proper judgment in exercising his duties under this Act.

The Chief Executive Officer is deemed to have exercised proper judgment referred to in subsection (5) if he—

The Chief Executive Officer shall perform such other duties as the Board may direct from time to time.

Temporary exercise of the functions of Chief Executive

Officer 11c.  (1)  The Minister may appoint temporarily any

Deputy Chief Executive Officer to act as the Chief Executive

Officer for the period when—

In the event that the office of the Chief

Executive Officer is vacant for more than six months, the Minister shall appoint another person to be the

Chief Executive Officer, and upon such appointment, the previous Chief Executive Officer shall cease to hold office.

Secretary to the Board 11d.  (1)  The Commission shall appoint a secretary to the Board from amongst officers of the Commission for such period and on such terms and conditions as may be specified in his letter of appointment.

The secretary shall be responsible for—

The secretary shall perform such further duties as the

Chief Executive Officer and the Commission may direct from time to time.

In discharging his duties the secretary shall act under the general authority and directions of the Chief Executive

Officer and the Commission.

The Commission may appoint such number of officers and employees of the Commission as may be necessary to assist the secretary in discharging its functions effectively and efficiently and for the purpose of carrying into effect the provisions of this Act.”.

Malaysia Co-operative Societies Commission

(Amendment)

9

Amendment of section 13

by substituting for subsection (1) the following subsection:

“(1)  The Chairman shall be appointed for a term not exceeding five years and may be reappointed.”; and

by substituting for the words “paragraphs 11(3)(c), (d), (e)

and (f)” the words “paragraphs 11(3)(b), (c), (d) and (e)”.

Amendment of section 14

and (g)”.

Amendment of section 15

by substituting for subsection (1) the following subsection:

“(1)  An officer of a co-operative society, as defined in section 2 of the Co-operative Societies Act 1993, shall not be appointed or remain as a director.”; and

by substituting for subsection (2) the following subsection:

“(2)  The Minister may at any time revoke the appointment of any director without giving any reason therefor.”.

Amendment of section 19

in subsection (1), by substituting for the words

“The Executive Chairman, or in his absence the Deputy

Executive Chairman,” the words “The Chairman, or in the absence of the Chairman any director nominated by the Chairman to act on his behalf,”;

in subsection (2), by substituting for the words

“paragraphs 11(3)(c), (d), (e) and (f)” the words

“paragraphs 11(3)(b), (c), (d) and (e)”;

in subsection (3), by substituting for the words

“The Executive Chairman, or in his absence the Deputy Executive Chairman,” the words

“The Chairman, or in the absence of the Chairman any director nominated by the Chairman to act on his behalf,”;

by substituting for subsection (7) the following subsection:

“(7)

Nothing in this section shall prevent the Chairman, or in the absence of the Chairman any director nominated by the Chairman to act on his behalf, from authorizing a director to use remote communication technology to participate in any meeting of the Board where, prior to the meeting, the director, by notification to the Chairman, or in the absence of the Chairman any director nominated by the Chairman to act on his behalf, as the case may be, has requested for such authorization.”; and

by inserting after subsection (7) the following subsections:

“(8)  The Chairman shall only, for the purposes of subsections (1), (3) and (7), nominate the director who is appointed under paragraph 11(3)(b), (c), (d)

or (e) to act on his behalf.

Malaysia Co-operative Societies Commission

(Amendment)

For the purposes of subsection (7),

“remote communication technology” means a live video link, a live television link or any other electronic means of communication.”.

Amendment of section 24

by substituting for subsection (1) the following subsection:

“(1)  The Commission may, in writing, delegate any of its powers or functions under this Act, the Co-operative Societies Act 1993 or any other written law other than its power to make subsidiary legislation to—

the Chief Executive Officer; or

any committee established under section 10.”;

in paragraph 2(b), by substituting for the words

“Executive Chairman, the Deputy Executive Chairman”

the words “Chief Executive Officer”; and

in subsection (4), by substituting for the words

“Executive Chairman” wherever appearing the words

“Chief Executive Officer”.

Amendment of section 45

in subsection (1), by substituting for the words

“Commission may” the words “Chief Executive Officer may”;

in subsection (3), by substituting for the words

“Executive Chairman” wherever appearing the words

“Chief Executive Officer”; and

in subsection (4), by substituting for the words

“Executive Chairman” wherever appearing the words

“Chief Executive Officer”.

Amendment of section 46

The person holding the office of the Executive Chairman immediately before to the commencement of this Act shall continue to hold such office and shall be deemed to be appointed as the Chief Executive Officer under the principal Act as amended by this Act.

The person holding the office of the Deputy Executive

Chairman immediately before to the commencement of this

Act shall continue to hold such office and shall be deemed to be appointed as the Deputy Chief Executive Officer under the principal Act as amended by this Act.

Any order, directive, guideline, circular, notice, decision, approval or determination issued or made by the Executive

Chairman or Deputy Executive Chairman immediately before the commencement of this Act shall be deemed to be made or issued by the Chief Executive Officer under the principal Act as amended by this Act and shall remain valid.