Malaysia legislation
Section 4
of RUBBER INDUSTRY SMALLHOLDERS DEVELOPMENT AUTHORITY ACT 1972
Section 4
The Authority shall consist of the following members who shall be appointed by the Minister:
(a)
a Chairman;
(b)
a representative of the Ministry of Rural and Regional
Development, to be nominated by the Secretary General of the Ministry;
(c)
a representative of the Treasury, to be nominated by the
Secretary General of the Ministry of Finance;
(d)
a representative of the Economic Planning Unit, Prime
Minister’s Department, to be nominated by the Director
General of the Economic Planning Unit;
(e)
a representative of the Ministry of Plantation Industries and Commodities, to be nominated by the Secretary
General of the Ministry;
(f)
a representative of the Ministry of Agriculture and Agro-Based Industry, to be nominated by the Secretary General of the Ministry;
(g)
the Director General of the Malaysian Rubber Board or his representative;
(h)
the Director General of the Malaysian Agricultural Research and Development Institute or his representative;
(i)
seven representatives of the smallholder sector, one of whom shall be from Sabah and one from Sarawak;
(j)
three persons who, in the Minister’s opinion, are able to contribute to the development of the smallholder sector;
and
(k)
the Director General.
Tenure of office 4a. A member of the Authority appointed by the Minister shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and on such terms and conditions as may be specified in his instrument of appointment and is eligible for reappointment.
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Alternate members 4b. (1) The Minister may appoint a person to be an alternate member in respect of each member appointed under paragraphs 4(b)
to 4(j) to attend, in place of that member, meetings of the Authority if that member is for any reason unable to attend.
(2)
Alternate members to be appointed in respect of members appointed under paragraphs 4(b) to 4(j) shall be those nominated by the person specified in those paragraphs.
(3)
When attending meetings of the Authority, an alternate member shall for all purposes be deemed to be the member of the Authority.
(4)
An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Authority.
Temporary exercise of functions of Chairman 4c. (1) Where the Chairman is for any reason unable to perform the functions of the Chairman or during any period of vacancy in the office of the Chairman, the Minister may appoint any member of the Authority other than the Director General to perform the functions of the Chairman.
(2)
Until an appointment under subsection (1) is made or in default of such appointment or in the absence of the Chairman appointed by the Minister under subsection (1) from any meeting of the Authority, the member appointed under paragraph 4(b) or his alternate, as the case may be, shall perform the functions of the Chairman.
(3)
A member appointed under subsection (1) or a member referred to in subsection (2), as the case may be, shall, during the period in which he is performing the functions of the Chairman under this section be deemed to be the Chairman.
(4)
If at any meeting of the Authority neither the Chairman nor the person exercising the functions of the Chairman is present, the members present shall elect one of their members to preside at the meeting.
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Revocation and resignation 4d. (1) The appointment of any member appointed by the Minister may at any time be revoked by the Minister.
(2)
A member appointed by the Minister may at any time resign his office by a written notice addressed to the Minister.
Vacation of office 4e. (1) The office of a member of the Authority appointed by the Minister shall be vacated if—
(a)
he dies;
(b)
there has been proved against him, or he has been convicted on, a charge in respect of—
(i)
an offence involving fraud, dishonesty or moral turpitude;
(ii)
an offence under any law relating to corruption; or
(iii)
any other offence punishable with imprisonment
(in itself only or in addition to or in lieu of a fine) for more than two years;
(c)
he becomes a bankrupt;
(d)
he is of unsound mind or is otherwise incapable of discharging his duties;
(e)
he absents himself from three consecutive meetings of the Authority without leave of the Chairman or, in the case of the Chairman, without leave of the Minister;
(f)
his resignation is accepted by the Minister; or
(g)
his appointment is revoked by the Minister.
(2)
Where any member appointed by the Minister ceases to be a member by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with section 4.
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Delegation of the Authority’s functions and powers 4f. (1) The Authority may, subject to such conditions, limitations or restrictions as it deems fit to impose, delegate any of its functions or powers, except the power to borrow money, grant loans, make advances, establish corporations or make regulations, to—
(a)
any member of the Authority;
(b)
any committee established by the Authority; or
(c)
any officer or servant of the Authority, and any function or power so delegated may be performed or exercised by the member, officer or servant, as the case may be, in the name and on behalf of the Authority.
(2)
A delegation under this section shall not preclude the
Authority itself from performing or exercising at any time any of the functions or powers so delegated.
(3)
Without prejudice to the generality of subsection (1) and other provisions of this Act, the Authority may delegate to the
Director General—
(a)
the power to grant loans and make advances to the officers and servants of the Authority under section 11ab; and
(b)
the authority to sanction expenditure from the Fund or any other moneys vested in or under the control of the
Authority up to such limit as the Authority shall specify.
The Authority may establish committees 4g. (1) The Authority may establish such committees as it considers necessary or expedient to assist it in the performance of its functions under this Act.
(2)
The Authority may appoint any person to be a member of any committee established under subsection (1).
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(3)
A committee established under this section may elect any of its members to be chairman and may regulate its own procedure and, in the exercise of its powers under this subsection, such committee shall be subject to and act in accordance with any direction given to the committee by the Authority.
(4)
Meetings of a committee established under this section shall be held at such times and places as the chairman of the committee may, subject to subsection (3), determine.
(5)
A committee may invite any person who is not a member of the committee to attend any meeting of the committee for the purpose of advising it on any matter under discussion, but that person is not entitled to vote at the meeting.
(6)
Members of a committee or any person invited under subsection (5) to attend any meeting of a committee may be paid such allowances and other expenses as the Authority may determine.
(7)
A member of a committee shall hold office for such term as may be specified in his instrument of appointment and is eligible for reappointment.
(8)
The appointment of any member of a committee may at any time be revoked by the Authority.
(9)
A member of a committee may at any time resign his office by a written notice addressed to the Chairman of the Authority.