Section 5
Borrowing by statutory authority from the Bank
of Loans (Asian Development Bank) Act 1968
(1)
Subject to the Federal Constitution and this Act, a statutory authority may in such manner and on such terms and subject to such conditions as may be agreed between the statutory authority and the Bank and with the approval in writing first obtained of the Minister borrow from the Bank from time to time such sums as may be required by the statutory authority.
(2)
The power to borrow conferred by this section on a statutory authority shall be in addition to any power to borrow conferred on such statutory authority by any other written law.
(3)
Notwithstanding anything contained in any written law, the statutory authority may charge or mortgage all or any of its property (movable or immovable) undertaking or revenue to secure any sum owing to the Bank in respect of sums borrowed by it under the powers conferred by subsection (1).
(4)
Notwithstanding anything contained in any written law a statutory authority may issue such bonds, promissory notes and other instruments on such terms and conditions as may be necessary for the purpose of giving effect to any agreement which may be entered into by it with the Bank in respect of any borrowing authorized by subsection (1).