Malaysia legislation
Section 29
Section 29
(2)
For the purposes of this section, a Councillor shall be treated as having indirectly a pecuniary interest in a contract or proposed contract or other matter, if—
(a)
he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
(b)
he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration:
Provided that this subsection shall not apply to membership of, or employment under, any public body.
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(3)
In the case of married persons the interest of one spouse shall, if known to the other, be deemed for the purpose of this section to be also an interest of that other spouse.
(4)
A general notice given in writing to the Secretary by a
Councillor to the effect that he or his spouse or a member of his family is a member or is in the employment of a specified company or other body, or that he or his spouse or a member of his family is a partner or in the employment of a specified person shall, unless the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract, or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.
(5)
The Secretary shall record in a book to be kept for the purpose particulars of any disclosure made under subsection (1) and of any notice given under subsection (4), and the book shall be open at all reasonable hours to the inspection of any Councillor.
(6)
If any Councillor fails to comply with subsection (1), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding one year or to both such fine and imprisonment and in addition the Court shall make an order of forfeiture in respect of any profit which have accrued or may accrue to him as a result of such interest.
(7)
Any Councillor convicted of an offence under this section shall thereupon become disqualified from continuing to be a
Councillor.
(8)
Any Councillor disqualified under subsection (7) shall not be eligible of being appointed a Councillor for any local authority.
(9)
A prosecution for an offence under this section shall not be instituted except with the sanction of the Public Prosecutor.
(10)
For the purpose of this section, “Councillor” includes a person appointed to any Committee of the local authority.
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Restriction