Malaysia legislation

Section 81

of SARAWAK HERITAGE ORDINANCE, 2019

Section 81

(2)

Notwithstanding subsection (1), all rules, orders, directions, appointments, permits, licences, rights, privileges or other acts or things made or done under or in accordance with the repealed

Ordinance, shall continue in force until amended, revoked or replaced pursuant to this Ordinance.

(3)

Any prosecution, action, suit, claim, proceeding or inquiry which has been instituted, filed, commenced or made under the repealed Ordinance and is still pending and not finally disposed of or existing immediately before the date of commencement of this

Ordinance shall be continued and be determined or completed or disposed of in all respects under the provisions of the repealed

Ordinance as if this Ordinance had not been enacted.

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FIRST SCHEDULE

CLASSIFICATON OF HERITAGE BUILDINGS

(Section 2)

Class I: Historical buildings which are over one hundred years old, have well documented history either public or private, and are declared as such before the date of coming into force of this Ordinance amendment. The subsequent conservation and use of such building can only be approved by Dewan Undangan Negeri.

Class II: Historical buildings which are over one hundred years old, have documented records, been in continuous use, either public or private, and are not declared as such on the date of this amendment. The conservation and use of such building shall be decided by Majlis Mesyuarat Kerajaan Negeri on the recommendation of the Sarawak Museum Department.

Class III: Historical buildings which are less than one hundred years old, have documented history and of great significance.

SECOND SCHEDULE

MEETINGS

(Section 6)

Meetings 1.―(1)

All meetings of the Council shall be presided over by the Chairman or in his absence, by any member appointed for that purpose by the Chairman.

(2)

The quorum of any meeting of the Council shall be five including the

Chairman.

(3)

If for any question to be determined by the Council there is an equality of votes, the Chairman shall have a casting vote.

(4)

Subject to subparagraphs (1), (2), (3) and paragraph 2, the Council shall regulate its own procedures.

Frequency of meeting 2.―(1)

Except with the written approval of the Minister, the Council shall hold at least two meetings in every calendar year.

(2)

Meetings of the Council shall be called by the Chairman and notice of such meetings shall be issued and signed by the Secretary or any person specifically authorized by the Secretary.

Council may invite others to meetings 3.

The Council may request any person (not being a member of the

Council) to attend any meeting or deliberation of the Council for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the said meeting or deliberation.

Minutes 4.―(1)

The Council shall cause minutes of all its meetings to be maintained and kept in a proper form.

(2)

Any minutes of meetings of the Council shall, if duly signed by the

Chairman or by the member presiding in his absence, as the case may be, be admissible in evidence in all legal proceedings without further proof and every meeting of the Council in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

(3)

Members are entitled to copies of such minutes but shall not, without the permission of the Chairman, transmit, distribute or permit access thereto, to any person who is not a member of the Council.

(4)

The minutes of the Council, its common seal and all its statutory and accounting records shall be kept at the principal office.

Disclosure of interests 5.

A member of the Council whether directly or indirectly, by himself or his spouse or children, having any interest in any company or undertaking with which the Council proposes to make any contract or whether directly or indirectly having any interest in any such contract or in any matter under discussion by the

Council shall disclose to the Council the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the meetings of the Council and, unless specifically authorized thereto by the Chairman, such member shall take no part in any deliberation or decision of the Council relating to the contract or matter.

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