Malaysia legislation
Section 38
of Bintulu Development Authority Ordinance, 1978 ( Ord. No. 1/78 )
Section 38
Licence and permit to continue to have effect in designated area
Bintulu District Council by virtue of any written law and in force immediately before the commencement of this Ordinance shall, during the currency of it and until the date of expiry, have effect in the designated area.
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FIRST SCHEDULE
(Section 3(4))
REGULATIONS OF THE AUTHORITY
Terms and conditions of appointment 1.⎯(1)
A member of the Authority shall hold office for such term and subject to such conditions as may be specified in the instrument appointing him.
(2)
A member may at any time resign his office by letter addressed to the
Chief Minister.
(3)
The appointment of any member may at any time be revoked by the
Chief Minister without assigning any reason for it.
(4)
A member shall devote such time to the business of the Authority as may be necessary to the discharge of his duties.
Deputy Chairman 2.⎯(1)
Until an appointment is made pursuant to regulation 3, the Deputy
Chairman shall act as an alternative Chairman when the Chairman is incapacitated by illness, absence, or other sufficient cause from performing the duties of his office.
(2)
The Deputy Chairman shall, while he acts as such, be deemed for all purposes to be the Chairman of the Authority.
(3)
No acts done by the Deputy Chairman as such, and no acts done by the
Authority while the Deputy Chairman is acting as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.
Temporary members of the Authority 3.
If the Chairman or Deputy Chairman or any other member of the
Authority is temporarily absent from Sarawak or temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, the
Chief Minister, may appoint any person to be a temporary Chairman or temporary
Deputy Chairman or temporary member of the Authority; and any person so appointed shall hold office until the appointed member in whose place he has been appointed returns or resumes office.
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Office deemed vacated 4.⎯(1)
The office of a member of the Authority shall be vacated⎯
(a)
if he dies;
(b)
if there has been proved against him, or he has been convicted on, a charge in respect of⎯
(i)
an offence under any written law relating to corruption;
(ii)
any other offence punishable with imprisonment, in itself only or in addition to or in lieu of a fine, for more than two years;
(c)
if he becomes a bankrupt;
(d)
if he is of unsound mind or is otherwise incapable of performing his duties;
(e)
if he absents himself from three consecutive meetings without leave of the Authority; or
(f)
if his appointment is revoked.
(2)
Where any member ceases to be a member by reason of any of the provisions of this regulation, a person shall be appointed in his place in accordance with the provisions applying.
Remuneration and allowance 5.
There may be paid to members of the Authority and to any person appointed to any committee such salaries, remuneration, travelling expenses or allowances as the Authority, with the approval of the Chief Minister, may determine.
Meetings 6.⎯(1)
The Authority shall meet at least once in every month.
(2)
The quorum of the Authority shall be a majority of the members of it.
(3)
At all meetings of the Authority the Chairman or, in his absence, the
Deputy Chairman or, in his absence, such member as the members present may elect, shall preside.
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(4)
If on any question to be determined by the Authority there is an equality of votes, the Chairman, Deputy Chairman or the member presiding shall have a casting vote in addition to his deliberative vote.
(5)
Subject to paragraphs (1), (2), (3) and (4), the Authority shall determine its own procedure.
The Authority may invite others to meetings 7.
The Authority may request any person (not being a member of the
Authority) to attend any meeting or deliberation of the Authority for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at that meeting or deliberation.
Effect of signed resolutions of members 8.
The Authority may, if it thinks fit, transact any of its business by the circulation of papers, and a resolution in writing approved in writing by the majority of the members of it shall be as valid and effectual as if it had been passed at a meeting of the Authority by the votes of the members so approving the resolution.
Common seal 9.⎯(1)
The Authority shall have a common seal which shall bear such device as the Authority shall approve and such seal may from time to time be broken, changed, altered or made anew, as the Authority may think fit.
(2)
Until a seal is provided by the Authority a stamp bearing the description “Lembaga Kemajuan Bintulu” may be used and shall be deemed to be a common seal.
(3)
The common seal or the stamp referred to in paragraph (2) shall be kept in the custody of the Chairman or such other person as may be authorized by the Authority, and shall be authenticated by either the Chairman or such authorized person or by any officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to be sealed with that seal, authenticated as such, shall until the contrary is proved be deemed to have been validly executed:
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Provided that any document or instrument which if executed by a person not being a body corporate would not be required under seal may in like manner be executed by the Authority and any such document or instrument may be executed on behalf of the Authority by any officer or servant of the Authority generally or specifically authorized by the Authority in that behalf.
(4)
The seal of the Authority shall be officially and judicially noticed.
Disclosure of interest 10.
A member of the Authority having, directly or indirectly by himself or his partner, any interest in any company or undertaking with which the Authority proposes to make any contract or having any interest in any such contract or in any matter under discussion by the Authority shall disclose to the Authority the fact of his interest and the nature of it, and such disclosure shall be recorded in the minutes of the Authority, and unless specifically authorized to it by the Chairman, such member shall take no part in any deliberation or decision of the Authority relating to the contract.
Minutes 11.⎯(1)
The Authority shall cause minutes of all meetings of the Authority to be maintained and kept in a proper form.
(2)
Any minutes made of meetings of the Authority shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Authority in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members at it to have been duly qualified to act.
Validity of act and proceedings 12.
No act done or proceeding taken under this Ordinance shall be questioned on the ground⎯
(a)
of any vacancy in the membership of, or of any defect in the constitution of, the Authority; or
(b)
of the contravention by any member of the Authority relating to the disclosure of interest by such member; or
(c)
of any omission, defect or irregularity not affecting the merits of the case.
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SECOND SCHEDULE
(Section 4(3))
[Omitted.]
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THIRD SCHEDULE
(Section 10(2))
REGULATIONS OF A CORPORATION
Power of the Authority to make regulations in respect of a corporation 1.
This Authority shall, on or before the date on which any corporation is established under section 10, make regulations under section 34 in respect of such corporation defining⎯
(a)
the purposes and objects for which such corporation is established;
(b)
the rights, powers, duties and functions of such corporation;
(c)
the system of management of it; and
(d)
the relations between such corporation and the Authority and its rights of control over such corporation.
Saving 2.
Nothing in regulation 1 shall be deemed to authorize the Authority to make regulations to establish any corporation for any purpose or object more extensive in scope than the purpose or objects for which the Authority was constituted or to confer on any corporation any right, duty, power or function which is not within the rights, duties, powers or functions of the Authority under this
Ordinance.
Regulations subject to the Ordinance 3.
Subject to this Ordinance and any of its regulations, any regulations made pursuant to regulation 1 shall be binding on the corporation in respect of which they were made and shall have effect for all purposes as if they had been enacted in this Ordinance.
Amendment of the regulations 4.
The Authority may at any time amend, revoke, or add to, any regulations made in respect of any corporation pursuant to regulation 1, and section 13 of the
Interpretation Ordinance, 2005 [Cap. 61] shall apply to any such amended or revoked regulations as if such regulations had been written law.
[Am. Cap. 61.]
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Register of corporation 5.
The Authority shall keep a register in the prescribed form of all corporations established by it under section 10, and such register together with copies of all regulations made pursuant to regulation 1 shall be open to public inspection at such place or places and at such times as it may prescribe.
Winding up 6.⎯(1)
The Authority may by order published in the Gazette direct that any corporation established by it shall be wound up and dissolved.
(2)
Upon the dissolution of any corporation under this regulation the assets of the corporation after payment of all liabilities shall be transferred to and vested in the Authority.
(3)
The winding up of a corporation under this regulation shall be conducted in such manner as the Authority may prescribe.
Corporation to be bodies corporate 7.
Every corporation established under section 10 shall be a body corporate by such name as the Authority shall give to such corporation and shall have perpetual succession and a common seal and may sue and be sued in such name, and for the purpose of carrying into effect the registered development project for which it has been established may enter into contracts and may hold and deal in or with any immovable or movable property and may do all other matters and things incidental or appertaining to a body corporate not inconsistent with the provisions of this Ordinance and subject to such restrictions or limitations as may be prescribed by the Authority in each case.
Common seal of the corporation 8.⎯(1)
Every corporation shall have a common seal, which shall bear such device as the corporation, with the approval of the Authority may approve, and such seal may from time to time be broken, changed, altered and made anew by the corporation, with the approval of the Authority, as the corporation shall think fit.
(2)
Until a seal is provided by the corporation under this regulation a stamp bearing the name of the corporation encircling the letters “LKB” may be used as a common seal.
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(3)
The common seal, or the stamp referred to in paragraph (2), shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person; and all deeds, documents and other instruments purporting to be sealed with that seal, authenticated as such, shall until the contrary is proved, be deemed to have been validly executed:
Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.
(4)
The seal of every corporation shall be officially and judicially noticed.
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[Ord. No. 1/78]
LIST OF AMENDMENTS
Amending Law
Short title
In force from
Swk. L.N. 43/78
Date of Commencement Notification 15.8.1978
Ord. No. 6/82
Bintulu Development Authority
(Amendment) Ordinance, 1982