Malaysia legislation
Section 5
of MALAYSIA CO-OPERATIVE SOCIETIES COMMISSION (AMENDMENT) ACT 2023
Section 5
The principal Act is amended by inserting after section 11
the following sections:
“Chief Executive Officer and Deputy Chief Executive Officer 11a. (1) The Minister shall appoint a Chief Executive Officer and not more than three Deputy Chief Executive Officers to assist the Chief Executive Officer, on such terms and conditions as provided for in their respective letters of appointment.
(2)
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.
(3)
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.
(2)
The Chief Executive Officer shall act under the general authority and directions of the Board which shall be consistent with this Act.
(3)
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)
(4)
The Chief Executive Officer shall—
(a)
be responsible for the overall administration and management of the functions, activities and day-to-day affairs of the Commission in accordance with the policy laid down by the Commission;
(b)
exercise supervision and control over all officers and employees of the Commission; and
(c)
perform such other duties and undertake such other responsibilities as the Board may determine or direct from time to time.
(5)
The Chief Executive Officer shall exercise reasonable care, skill, diligence and proper judgment in exercising his duties under this Act.
(6)
The Chief Executive Officer is deemed to have exercised proper judgment referred to in subsection (5) if he—
(a)
makes the judgment in good faith for a proper purpose;
(b)
does not have a material personal interest in the subject matter of the judgment;
(c)
is informed about the subject matter of the judgment to the extent he reasonably believes to be appropriate under the circumstances; and
(d)
reasonably believes that the judgment is in the best interest of the Government and the Commission.
(7)
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—
(a)
the office of the Chief Executive Officer is vacant;
(b)
the Chief Executive Officer is absent from duty or from Malaysia; or
(c)
the Chief Executive Officer is, for any other reason, unable to perform his functions.
(2)
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.
(2)
The secretary shall be responsible for—
(a)
the general conduct, administration and management of the functions and activities of the Commission;
and
(b)
the carrying out of the decisions of the Commission.
(3)
The secretary shall perform such further duties as the
Chief Executive Officer and the Commission may direct from time to time.
(4)
In discharging his duties the secretary shall act under the general authority and directions of the Chief Executive
Officer and the Commission.
(5)
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