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Section 17

Disqualification of Governor, Deputy Governor and director

of Central Bank of Malaysia Act 2009

ActIn forceProvision 17 of 134
Section 17
(1)

No person shall be appointed or shall remain as Governor,

Deputy Governor or other director of the Bank if he—

(a)

is or becomes a member of the Senate or House of

Representatives or any Legislative Assembly;

(b)

subject to paragraph (2)(a), is or becomes a public officer;

(c)

subject to paragraph (2)(b), is or becomes an officer or a director of any entity under the supervision of the Bank;

(d)

is convicted of a criminal offence involving dishonesty or of any criminal offence for which he has been sentenced to imprisonment;

(e)

is or becomes bankrupt or suspends payment or compounds with his creditors;

(f)

is or becomes involved in any activity which may interfere with his independence in discharging his duties; or

28 Laws of Malaysia ACT 701

(g)

is not a Malaysian citizen.

(2)

Notwithstanding subsection (1)—

(a)

a director appointed under subsection 16(1) may be the person holding the office of Secretary General to the

Treasury, and notwithstanding subsection 16(6) shall remain a member of the Board for so long as he holds the office of Secretary General to the Treasury or for such lesser time as may be provided in his letter of appointment;

and

(b)

a Deputy Governor appointed with the approval of the

Board to the board of any body corporate established or acquired by the Bank under section 48 shall not be required to vacate his office as member of the Board.

(3)

The Yang di-Pertuan Agong may terminate the appointment of the Governor or any director appointed under subsection 16(1), and the

Minister may terminate the appointment of any Deputy Governor, if he—

(a)

becomes of unsound mind or incapable of carrying out his duties;

(b)

is guilty of serious misconduct in relation to his duties;

(c)

is absent, except on leave granted by the Minister in the case of the Governor, or by the Governor in the case of all other directors, from all meetings of the Board held during two consecutive months or during any three months in any period of twelve months;

(d)

fails to comply with his obligations under section 20; or

(e)

is disqualified under subsection (1).

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