Section 24
Power to make rules
of Bintulu Port Authority Act 1981
(1)
The Authority may with the approval of the Minister make rules for or in respect of the salaries, allowances and conditions of service of its officers and servants generally.
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(2)
Without prejudice to the generality of subsection (1), the rules may provide—
(a)
for retirement benefits to officers and servants of the
Authority who retire or otherwise cease to hold office as such officers and servants; and
(b)
for the making of loans to officers and servants of the
Authority for such purposes as may be approved by the
Minister, having regard to the purposes for which persons in the employment of the Government are granted loans.
(3)
The following provisions shall apply to any rules made by virtue of paragraphs (2)(a) and (2)(b):
(a)
no donation, contribution, gratuity, allowance or other payment payable under such rules, nor any right or interest acquired by any person to any gratuity, allowance or other payment thereunder, shall be assignable, transferable or liable to be attached, sequestrated or levied upon for or in respect of a debt or claim whatsoever, other than a debt due to the Government of Malaysia or of a
State or to the Authority;
(b)
any moneys paid under such rules on the death of any person shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of such deceased person, but shall not be deemed to form part of his estate or be subject to his debts;
(c)
any person may by his will or by a memorandum under his hand appoint a trustee of the moneys payable on his death under such rules, and may provide for the appointment of a new trustee or trustees of such moneys and for the investment thereof;
(d)
if at the time of the death of a person or at any time afterwards there is no trustee of such moneys or it is expedient to appoint a new trustee or trustees, then and in any such case a trustee or trustees or a new trustee or
Bintulu Port Authority 27
trustees may be appointed by the High Court or a Judge thereof;
(e)
the receipt of a trustee or trustees duly appointed, or in default of any such appointment the receipt of the legal personal representative of the deceased person, shall be a discharge for any moneys payable on his death under such rules;
(f)
no donation, contribution or interest paid under such rules shall be subject to the debts of the contributor, nor shall such donation, contribution or interest be paid to the
Director General of Insolvency on the bankruptcy of a contributor, but if such contributor is adjudicated a bankrupt or is declared insolvent by judgment of the court, such donation or contribution or interest shall, subject to the provisions of such rules, be deemed to be impressed with a trust in favour of the person entitled thereto on the death of the contributor;
(g)
the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with such rules and such deduction shall continue to be made notwithstanding the provisions of any written law to the contrary, and the portion of salary so deducted shall be deemed not to form part of his after acquired property;
(h)
any officer or servant of the Authority who is a contributor under such rules shall, if he is dismissed from service as such officer or servant for fraud, dishonesty or misconduct which involves pecuniary loss to the
Authority, or retires or resigns from his office with intent to escape discharge or dismissal in consequence of such fraud, dishonesty or misconduct, forfeit, subject to such conditions as may be provided by the rules, all or any part of the contributions made by the Authority as it thinks fit;
an appeal shall lie to the Minister against any such forfeiture.
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(4)
Rules made under this section, other than rules relating to pensions and other retiring benefits of officers and servants, shall not be required to be published in the Gazette.