FOREST CONCESSION AREA (REHABILITATION AND DEVELOPMENT) FUND ORDINANCE, 1985 ( Ord. No. 7/85 )

shares, debentures, equity or other securities issued by a company approved by the Government to undertake or carry out any land development scheme in

Sarawak;

bonds or other securities issued by the

Government or the Government of Malaysia;

shares in any company listed on the Kuala

Lumpur Stock Exchange;

unit trusts of any Trust Fund approved or established under any written law; and

shares, equity or securities in any company reserved or allotted specially for subscription by natives.

[Ins. Cap. A67.]

In this Ordinance a reference to the Yang di-Pertua Negeri shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan

Negeri or of a Member of it acting under the general authority of the

Majlis.

Establishment of the Fund

The Fund shall consist of—

The Fund shall vest in and be administered by a Board of

Trustees.

[Am. Cap. A19; Am. Cap. A67.]

Members of the Board

the following ex officio members:

the Chief Minister (as Chairman);

the Director of Forests or his representative;

and

not more than five unofficial members, of whom at least three shall be members of the Dewan Undangan Negeri, to be appointed by the Yang di-Pertua Negeri.

The Board shall be a body corporate with perpetual succession and a common seal with the power to sue and be sued, to hold property movable and immovable, to make contracts and subject as provided, to convey, assign, surrender, mortgage, lease or otherwise dispose of movable or immovable property vested in the

Board upon such terms as it may think fit.

Unofficial members of the Board shall be appointed for a period not exceeding three years and shall be eligible for re-appointment.

The Chairman shall preside at all meetings of the Board and in his absence the Deputy Chairman shall preside.

The Board shall meet at such places and times as the

Chairman may appoint and at any meeting of the Board five members shall form a quorum.

The Chairman shall have a casting vote.

No salary, fee or honorarium or commission shall be paid to any member of the Board, but the Board may reimburse unofficial members thereof in respect of any out-of-pocket expenses necessarily and reasonably incurred by them in and about the business of the

Board.

All members of the Board and the Secretary and other officers or servants of it shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

[Am. Cap. A67.]

.

The Board may, by resolution, constitute any committee, comprising not more than five members, the majority of whom shall be members of the Board, and delegate or assign to such committee any of its functions or powers and determine its terms of reference and the manner in which the committee may exercise or perform such functions or powers.

[Ins. Cap. A67.]

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to determine its own procedure for the summoning and conduct of meetings of the Board, to regulate the submission of statement of accounts and the report of its activities, and to prescribe any other matters that may be necessary for the administration of the Fund;

to appoint any person or officer to be Secretary to the

Board and may from time to time appoint such other officers, clerks and servants as may be necessary for conducting the business of the Board;

to apply for and acquire timber concessions and work them directly or through contracting out and to carry on other business which may seem to the Board capable of being conveniently carried on or in connection with the above or calculated directly or indirectly to enhance the value or render profitable any of the Board’s property or rights;

to invest in such securities or to make such investments in land development scheme or in any business or venture as the

Board deems to be beneficial to the Fund;

to establish from time to time a corporation by such name as the Board may think fit to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Board in the execution of its duty or discharge of its functions in pursuit of the objects of the Fund;

to appoint investment managers, advisers or consultants to advise or assist the Board in the investment and management of moneys in the Fund; and

to do all things expedient or reasonably necessary or incidental for the carrying out of the purposes prescribed under section 6.

[Am. Cap. A67.]

Objects and beneficiaries of the Fund

to rehabilitate the forest concession areas or improve the economic, social and human development and well being of the beneficiaries;

to improve the standard of health and education of the beneficiaries;

to assist or provide assistance, in such form or manner as the Board may in its discretion determine, for the beneficiaries to participate in any land development scheme or to acquire securities in any company undertaking such scheme;

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to enable the beneficiaries to invest in such securities as may be approved by the Board;

to upgrade, improve or provide infrastructure facilities, public utilities and other social or communal amenities either within or outside a forest concession area for the benefit, enjoyment and recreation of the beneficiaries;

to relieve poverty or hardship of any of the native communities living in or from a forest concession area;

to pay for the administration of the Fund and expenses of the Board in the discharge of its functions and powers, including payment of salaries, fees, allowances and expenses to employees of the Board and the advisers, consultants or managers appointed under section 5(f);

generally, towards the advancement and benefit of the beneficiaries, or for such other purposes as the Board, in consultation with Majlis Mesyuarat Kerajaan Negeri, may approve.

All payments or disbursement of moneys from the Fund shall be approved by a general or a special resolution of the Board.

[Sub. Cap. A67.]

Accounts and audit

The accounts of the Board shall be audited by the Auditor

General or an officer authorized by the Auditor General.

Not later than the 31st May of each year, the Board shall submit an audited statement of accounts, the auditor’s report on it and the report of the activities of the Board to the Yang di-Pertua Negeri who shall cause the same to be laid before the Dewan Undangan

Negeri.

Liability of members

for the winding up of the Fund;

to provide for the payment of salaries and allowances and conditions of service of the officers and servants of the

Board;

for the proper performance by the Board of its powers and duties; and

generally for the purpose of carrying into effect the objects of this Ordinance.

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Power of Yang di-Pertua Negeri to give directions

The Board shall furnish the Yang di-Pertua Negeri with such information with respect to its property and activities as he may from time to time require.

The Board and its corporations to be deemed a native