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Sarawak Information Technology and Resources Council Ordinance, 1999 is Malaysia State Ordinance, cited as State Ordinance Cap. 28 1999, currently marked repealed and first recorded in 1999.
Chapter
i
ORDINANCE, 2017
Date Passed by Dewan Undangan
Negeri ... ...
...
...
... ... 8th November, 2017
Date of Assent
...
...
...
... 30th November, 2017
Date of Publication in Gazette … ... 8th December, 2017
ii
SARAWAK MULTIMEDIA AUTHORITY ORDINANCE, 2017
Opening note
Part I
Short title and commencement
This Ordinance shall come into force on such date as the
Chief Minister may by notification in the Gazette, appoint, and the
Chief Minister may appoint different dates for the coming into force of different parts or provisions of this Ordinance.
Interpretation
In this Ordinance—
“Authority” means the Sarawak Multimedia Authority established under section 3;
“body corporate” means any body, corporation or authority constituted or incorporated under any State law;
“Chairman” means the Chairman of the Authority and includes any person appointed by the Chief Minister to temporarily discharge the functions and duties of the Chairman;
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“communication” means any communication, whether between persons and persons, things and things, or persons and things, in the form of sound, data, text, visual images, signals or any other form or any combination of those forms;
“communication and multimedia activities”
includes activities related to communication and the development of digital infrastructure, cyber security, talent development, e-commerce, research and development in digital technology, digital innovation and entrepreneurship and digital government;
“communication and multimedia technology products”
includes any invention, discovery, process or system developed or any literary works or information resources produced, prepared or written from any communication and multimedia activities;
“functions” means the functions of the Authority and includes its duties;
“General Manager” means the General Manager of the
Authority appointed under section 7;
“Government” means the Government of the State of
Sarawak;
“member” means a member of the Authority under section 4;
“Minister” means the Chief Minister or any member of the
Majlis Mesyuarat Kerajaan Negeri who has been assigned by the
Chief Minister, to have the responsibilities for communication, multimedia and for matters connected therewith;
“multimedia” means a form such as text, audio, images, animations, video, interactive content, signal or data or any combination thereof;
“State Planning Authority” means the State Planning
Authority as defined under the Land Code [Cap. 81 (1958 Ed.)].
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Part II
Establishment of Sarawak Multimedia Authority
acquiring, owning, holding, leasing or disposing of property, both movable and immovable; and
The Authority shall—
for all purposes of the Land Code [Cap. 81 (1958 Ed.)]
be deemed a native; and
for the purposes of Part X of the Land Code [Cap.
(1958 Ed.)] be deemed a public servant.
Membership of the Authority
the State Secretary;
not less than five and not more than seven other members with appropriate experience, knowledge or expertise in communication and multimedia.
The members referred to in section 4(1)(c) shall be appointed by the Majlis Mesyuarat Kerajaan Negeri.
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Subject to this Ordinance, the appointment referred to in subsection (2) shall be for a term not exceeding three years and subject to such terms and conditions as the Majlis Mesyuarat Kerajaan
Negeri may determine but shall be eligible for re-appointment:
Provided that the appointment may at any time be revoked or terminated by the Majlis Mesyuarat Kerajaan Negeri without assigning any reasons thereto.
Members of the Authority may be paid such allowances, remuneration and honorarium as may be determined by the Majlis
Mesyuarat Kerajaan Negeri from time to time.
Meetings of the Authority
All meetings of the Authority and the regulation of its affairs and proceedings shall be conducted in accordance with the provisions of the Schedule.
Powers of the Authority, etc., not affected by vacancy, etc.
The powers of the Authority under this Ordinance shall not, unless the contrary intention appears, be affected by—
the fact that it is afterwards discovered that there was any defect in the appointment or qualification of a person purporting to be a member thereof; or
the fact that there was any irregularity in the convening of any meeting thereof.
Appointment of General Manager and other employees
The General Manager shall be responsible for the proper administration and management of the functions and affairs of the
Authority in accordance with its direction, policy and decision and shall also be the Secretary to the Authority.
The General Manager shall attend meetings of the
Authority, but shall have no right of voting on any issue, matter or resolution before, or under consideration, by the Authority.
If the General Manager is temporarily unable to perform his duties by reason of illness or otherwise, another person may be appointed by the Chairman to act in the place of the General Manager during any such period of absence from duty.
The Authority may from time to time appoint such other officers, employees and agents as it thinks fit for the effective discharge of its functions and powers, on such terms and conditions as it may determine.
Corporate seal, execution of documents, etc.
―(1)
The corporate seal of the Authority shall be in the custody of the General Manager.
The corporate seal of the Authority shall be authenticated by the signature of its Chairman (or any other member authorized in writing by the Authority) and the General Manager, and when so authenticated, shall be judicially and officially noticed.
All documents and instruments which are not required by any written law to be executed under seal, may be executed on behalf of the Authority by the Chairman (or any other member authorized in writing by the Authority) and the General Manager.
All statutory records and minutes of all meetings and proceedings of the Authority and any of its committees shall be kept and maintained by the General Manager.
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Part III
Functions of the Authority
The Authority shall have all the functions imposed on it under any State laws and, without prejudice to the generality of the foregoing, the Authority shall also have the following functions:
to advise the Government on all matters concerning the State policy objectives for communications and multimedia activities to develop the State digital economy including:
the development of digital infrastructure;
research and development in digital technology;
to implement and enforce the provisions of State laws related to any communications and multimedia activities;
to consider and recommend reforms to State laws relating to any communications and multimedia activities;
to formulate, monitor, review strategies and standards for the development of information resources and systems for the collection, storage, transmission and dissemination thereof;
to supervise and monitor communications and multimedia activities in the State;
to support, direct, stimulate and facilitate research and development in communication and multimedia activities in the State;
to co-ordinate, direct, monitor and assist research and development in communication and multimedia activities undertaken by Government departments, statutory bodies, companies or
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corporations owned or controlled by the Government and to facilitate co-operation, communication, exchange of knowledge, ideas and information between them.
to encourage and promote the development of the communications and multimedia industry including in the area of research and training in the State;
to approve, monitor, review, co-ordinate and determine priorities and strategies for the implementation of communication and multimedia development plans by or amongst departments, agencies and institutions of the Government;
to develop for the Government, the framework for information technology and information resources management and process, and the utilization of such technology;
to promote and facilitate research and improvement in electronic network systems and processes, application and technologies associated therewith;
to assess manpower needs in the fields of communications and multimedia, and engage in programmes for training and developing such human resources;
to undertake exchanges and joint programmes with other national and international organizations or institutions connected with information resources and systems, communication and multimedia;
to render assistance in any form to, and to promote cooperation and coordination amongst, persons engaged in communications and multimedia activities in the State;
to facilitate the application and usage of systems and technologies for e-commerce by companies and business communities in the conduct of their business and the promotion of their products in the State; and
to carry out any function as may be prescribed by State laws.
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Powers of the Authority
appoint committees consisting of persons who may or may not be members of the Authority, and assign or delegate to any such committees such functions and powers as it may determine;
appoint any person with the requisite knowledge, expertise and experience in communication and multimedia as adviser or consultant for the Authority and may form a panel of advisers or consultants to advise or assist the Authority in the discharge of its functions;
incorporate or participate in the incorporation of companies or enter into any joint ventures for the purposes of this
Ordinance;
approve any applications for the erection, use, maintenance or operation of any structures, communication towers on any land or building and any other incidental works, including laying of cables, for purposes of communication and multimedia activities in the State;
provide guidelines relating to the use of, or research or studies carried out on communication and multimedia resources and products in the State;
provide scholarships, grants, loans or other incentives for training or research related to communication and multimedia;
publish or sponsor the publication of periodicals, books and other materials in relation to communication and multimedia and hold copyrights therein;
provide grants, loans or advances to, or subscribe stocks, shares, bonds or debentures of companies or corporations whose principal business is related to communication and multimedia;
secure, hold and be registered as owner or proprietor of any copyrights, patents or intellectual property rights over any communication and multimedia products written, produced or
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prepared by the Government or its agencies or any body corporate or the Authority or any committee appointed by the
Authority, or any of its officers, employees or agents;
lend, lease or otherwise permit the use of any of the communication and multimedia resources and products developed or invented by or belonging to the Authority upon such terms and conditions as the Authority may impose and to determine the rate of fees, charges, levies, royalties or other dues related thereto;
hold for and on behalf of the Government all rights and properties described in section 12 or which accrued to or have been acquired by the Government or upon its direction and to act as a trustee for the Government in relation thereto;
receive donations or contributions from any source and raise funds by all lawful means;
enter into contracts, establish trusts and generally regulate transactions of all businesses involving or connected with the Authority;
issue directions or guidelines on the use of terminologies and nomenclatures relating to communication and multimedia activities in the State; and
do anything incidental to or necessary for the discharge of its functions under this Ordinance.
Notwithstanding subsection (1)(d), the Authority shall have the power to regulate the erection of telecommunication towers and facilities which have been erected pursuant to any approval granted by the State Planning Authority prior to the coming into force of this Ordinance, including the design and location thereof.
The Authority may, in addition to the functions and powers provided under this Ordinance, exercise such other functions and powers as may be authorized in writing by the Majlis Mesyuarat
Kerajaan Negeri.
Directions by Minister to Government departments or agencies
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The Minister may from time to time give to Government departments or agencies, general or special directions, not inconsistent with the provisions of this Ordinance and any such direction shall become binding on such Government departments or agencies, who shall forthwith take all steps necessary or expedient to give effect thereto.
Vesting of rights etc.
The Authority shall, at such interval as may be determined by the direction from the Chief Minister, publish in the Gazette a list of all rights and properties in works which by virtue of subsection (1)
have been vested in the Authority or held by the Authority as a trustee for the Government.
For the purpose of this section, the rights vested shall in relation to works include rights to any communication and multimedia products and rights in respect of any application for the registration of any intellectual property rights under any written law, whether future or contingent and rights in revision or remainder.
Directions by Majlis Mesyuarat Kerajaan Negeri 13.
The Majlis Mesyuarat Kerajaan Negeri may give to the
Authority such directions, not inconsistent with the provisions of this
Ordinance, on the discharge and exercise by the Authority of its functions and powers under this Ordinance, and the Authority shall give effect to such directions.
Protection from personal liability 14.—
No suit or other legal proceedings shall lie personally against any member, officer, or employee of the Authority or other person acting under the direction of the Authority for anything done in good faith or intended to be done in the execution or purported execution of the provisions of this Ordinance.
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the
Minister or the Authority or any officer or employee in respect of any act, neglect or default done or committed by any of them in such capacity.
Public servants 15.
All members, officers and employees of the Authority shall be deemed to be public servants for the purposes of the Penal Code
[Act 574].
Part IV
Grants to the Authority 16.
For the purpose of enabling the Authority to carry out its functions and powers under this Ordinance, the Government may, from time to time, make grants to the Authority of such sums of money as it may determine.
Establishment of Fund 17.—
All money received, raised or earned by the Authority shall forthwith be paid into such banks or other financial institutions as may from time to time be decided by the Authority to the credit of a fund to be called the Sarawak Multimedia Authority Fund (referred to in this Ordinance as “the Fund”) which shall be controlled and administered by the Authority, subject to the directions of the Majlis
Mesyuarat Kerajaan Negeri.
All moneys not immediately required to be expended in the meeting of any obligations or the discharge of any functions of the
Authority may be invested in any bank or financial institution licensed under the Financial Services Act 2013 [Act 758] or Islamic Financial
Services Act 2013 [Act 759], or in such other investments or securities as may from time to time be approved by the Authority.
Power to borrow 20.
The Authority may, from time to time for the purposes of this Ordinance, raise loans from the Government or, with the consent of the Majlis Mesyuarat Kerajaan Negeri, from any other sources.
Vesting of properties 21.
Without prejudice to section 12, the Majlis Mesyuarat
Kerajaan Negeri may, by notification in the Gazette, vest in the
Authority any properties as may be considered necessary to enable the
Authority to carry out its functions and powers under this Ordinance.
Annual report 22.
The Authority shall, as soon as possible after the close of each financial year, submit to the Majlis Mesyuarat Kerajaan Negeri an annual report on the activities of the Authority during that financial year, and the Chief Minister cause a copy of the report to be laid before the Dewan Undangan Negeri.
Accounts of Authority 23.—
The Authority shall keep proper accounts and other records of its own and shall prepare in respect of each financial year a statement of its accounts in a form approved by the Majlis Mesyuarat
Kerajaan Negeri.
The accounts of the Authority shall be audited by a qualified auditor appointed annually by the Authority with the approval of the State Financial Authority and the auditor shall make a report on the accounts examined by him.
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As soon as the accounts of the Authority have been audited in accordance with subsection (2), a copy of the statement of accounts together with a copy of any report made by the auditor shall be submitted to the Majlis Mesyuarat Kerajaan Negeri, for its examination and approval, and thereafter the Chief Minister shall cause a copy thereof to be laid before the Dewan Undangan Negeri.
The
Statutory
Bodies
(Financial and
Accounting
Procedure) Ordinance, 1995 [Cap. 15], shall apply to the Authority.
Annual estimates 24.
The Authority shall obtain in advance the approval of the
Majlis Mesyuarat Kerajaan Negeri for its annual estimates of expenditure and for any supplementary estimates of its expenditure.
The Authority shall open and maintain an account or accounts with such bank or other financial institutions in Malaysia as
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CAP. 73 16
the Authority thinks fit, and any such account shall be operated by such person or persons as may from time to time be authorized in that behalf by the Authority.
Purposes of Fund 18.
The money standing to the credit of the Fund shall be devoted solely to and for the following purposes:
the payment of the expenses of or connected with the administration and management of the Authority;
the administration, management and operation of any resource centres or facilities established or managed by the
Authority for the purpose of the performance or discharge of its functions;
the advancement, research and development of the communication and multimedia activities and towards implementation, operation and maintenance of the State’s communication and multimedia activities and objectives;
the repayment of any loans, liabilities or other borrowings of the Authority including interests and financial charges accrued thereon;
the payment of all remunerations, benefits and privileges of, or accorded to members, officers and employees of the Authority and for payment of fees and other sums due to or claimed by contractors, agents, advisors and consultants engaged or appointed by the Authority;
the payment of all fees and other expenses and costs relating to the registration of any intellectual property rights belonging to or vested in the Government or the Authority in
Malaysia or overseas; and
the payment of all expenses necessary for carrying out functions and powers of the Authority and for any other purposes under this Ordinance.
Investment of moneys
Part V
Appointment and power of authorized officer 25.—
The Chief Minister may in writing authorize any public officers or officers of the Authority to exercise the powers of enforcement under this Ordinance.
Any such officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
In exercising any powers of enforcement under this
Ordinance, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the
Chief Minister.
An authorized officer shall have the powers to investigate any offences provided for by State laws related to communication and multimedia activities and shall also have all the powers as provided under the Criminal Procedure Code [Act 593] relating to arrests, searches, seizures, disposal of seized articles and investigations.
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Part VI
Erection of structures, etc.
Any person contravening the provisions of subsection (1)
shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding one million ringgit or imprisonment for a term not exceeding ten years or to both:
Provided that nothing in this section shall affect the powers conferred on any other relevant authorities by any other written laws.
Obligation of secrecy 27.—
No member, officer or employee of the Authority or any person undertaking communication and multimedia activities approved by the Authority shall disclose or disseminate any information obtained by him in the course of the performance of his functions or powers or undertaking such activities unless written consent for such disclosure or dissemination has been obtained from the Authority or that such information has already been published in pursuance of this Ordinance.
Any person contravening the provisions of subsection (1)
shall be guilty of an offence and shall, upon conviction, be punished with a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or to both.
False statements, etc.
Any person who makes any false or misleading statement, orally, in writing or in any forms whatsoever, or has reason to believe such statement is false or misleading, in connection with any matters arising under this Ordinance, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand
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ringgit or imprisonment for a term of not exceeding three years or to both.
Failure to disclose information, etc.
Any person who fails to disclose or omits to give any relevant information or evidence or documents that he knows to be relevant or has reason to believe to be relevant, in connection with any matters arising under this Ordinance, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding three years or to both.
Offences for non-compliance 30.
Unless otherwise provided for under this Ordinance, any person who fails to comply with any provisions under this Ordinance commits an offence and shall, upon conviction, be liable to a fine not exceeding one hundred thousand or to imprisonment for a term not exceeding five years or to both.
Offences committed by corporations
For the purpose of this section, the expression “officer” has the same meaning as assigned to it in the Companies Act 2016 [Act 777].
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Conduct of prosecution 32.
Prosecution for offences against this Ordinance or its rules may be conducted by the Public Prosecutor or any person authorized in writing by him pursuant to section 377(b) of the Criminal
Procedure Code [Act 593].
Power to compound 33.—
All offences under this Ordinance or regulations made hereunder are compoundable.
Any officer authorized in writing by the Authority may compound any offence punishable under this Ordinance or any regulations made under this Ordinance, by collecting from the person reasonably suspected of having committed the offence, such sum of money not exceeding one-half of the amount of the maximum fine to which that person would have been liable if he had been convicted of the offence, within such time as may be specified in the offer.
Where an offer made under subsection (2) is not accepted within the time specified in the offer or within such extended period as the Authority may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
, no prosecution shall be instituted in respect of the offence against the person whom the offer to compound was made.
All sums of money accepted under subsection (2) shall be paid into the State Consolidated Fund.
Part VII
Regulations 34.—
The Majlis Mesyuarat Kerajaan Negeri may make regulations as may be necessary or expedient for the purposes of carrying into effect the provisions of this Ordinance.
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Without prejudice to the generality of subsection (1), the
Majlis Mesyuarat Kerajaan Negeri may also make regulations for the following purposes:
to regulate the development of digital infrastructure, cyber security, talent development, e-commerce, research and development in digital technology, digital innovation and entrepreneurship, and digital government in the State;
to regulate the development of information resources and systems for the collection, storage, transmission and dissemination thereof in the State;
to regulate the implementation of communication and multimedia development plans by or amongst departments, agencies and institutions of the Government;
to regulate the application and usage of systems and technologies for e-commerce by companies and business communities in the conduct of their business and the promotion of their products in the State;
to regulate the erection, usage, maintenance or operation of any structures, communication towers on any land or building and any other incidental works, including laying of cables, for purposes of communication and multimedia activities in the State;
to prescribe the scale of fees relating to the use of, or research or studies carried out on communication and multimedia resources and products in the State;
to prescribe such fees as may be necessary for the purposes of this Ordinance; and
to prescribe offences and its penalties:
Provided that a contravention of such offences shall be punishable by a fine not exceeding five hundred thousand ringgit and with imprisonment of a term not exceeding three years or to both.
For the purpose of this section, “regulate” includes the power to issue licences and permits.
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Part VIII
Delegation of functions and powers 35.—
The Authority may, with the approval of the Majlis
Mesyuarat Kerajaan Negeri, and subject to such conditions or restrictions as it deems fit, delegate to any committee appointed under section 10(1)(a), or to the General Manager or any officer of the
Authority, or any company incorporated by the Authority and its subsidiaries, all or any of the functions and powers vested in the
Authority by this Ordinance, (other than the power to delegate conferred by this section).
The Majlis Mesyuarat Kerajaan Negeri may, by notification in the Gazette, amend the Schedule.
Notwithstanding the delegation of functions or powers under this section, the Authority may continue to perform any of its functions or exercise any powers conferred upon it under this
Ordinance.
Discipline and disciplinary procedure 36.
The provisions of the Statutory Bodies (Conduct and
Discipline) Ordinance, 2004 [Cap. 57] shall apply to the General
Manager, officers and employees appointed under section 7.
Legal representation 37.—
In respect of any civil proceedings by or against the
Authority—
an officer of the Authority duly authorized in writing by the
Authority, may appear and represent the Authority in such proceedings before any court.
For the purpose of this section “civil proceedings” include an arbitration conducted under the Arbitration Act 2005 [Act 646] and any proceedings where the court exercises its additional powers under section 25(2) of the Courts of Judicature Act 1964 [Act 91].
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Power to amend Schedule
Part IX
Repeal and Savings 39.—
The Sarawak Information Technology and Resources
Council Ordinance, 1999 [Cap. 28] (hereinafter referred to as the
“repealed Ordinance”), is repealed.
Notwithstanding subsection (1), all rules, orders, directions, appointments, proclamations, 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.
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.
On the date appointed by the Chief Minister for this
Ordinance to come into force―
the Sarawak Information Technology and Resources
Council (hereinafter referred to as “the Council”) established under section 3(1) of the repealed Ordinance shall cease to exist and shall cease to exercise the powers and to perform the functions prescribed by the repealed Ordinance;
the members of the Council or members of any committee established by it shall cease to hold office; and
the properties, rights and liabilities to which the Council was entitled or subjected to shall, by virtue of this section, be transferred to and vested in the Authority without further conveyance, assignment or transfer whatsoever, to become the
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absolute properties, rights and liabilities of the Authority save that all intellectual property rights other than those relating to communication and multimedia activities be transferred to and vested in the Sarawak Research and Development Council.
Every chose-in-action, rights and liabilities transferred by virtue of subsection (4)(c) to the Authority may, after the coming into force of this Ordinance, be sued on, recovered or enforced by the
Authority in its own name and it shall not be necessary for the Council to give prior notice to the person whose rights and liabilities is affected by such transfer.
Save as otherwise provided in the Ordinance—
the provisions of this Ordinance shall have effect notwithstanding anything contrary contained in any agreements, undertakings or arrangements relating to communication and multimedia activities executed before or after the commencement of this Ordinance; and
any provisions contained in such agreements, undertakings or arrangements shall to the extent to which it is repugnant to the provisions of this Ordinance become or be void as the case maybe.
MEETINGS
(Section 5)
Meetings 1.―(1) All meetings of the Authority shall be presided over by the Chairman or in his absence, by any member appointed for that purpose by the Chairman.
The quorum of any meeting of the Authority shall be five including the
Chairman.
(3)
If for any question to be determined by the Authority there is an equality of votes, the Chairman shall have a casting vote.
(4)
Subject to subparagraphs (1), (2), (3) and paragraph 2, the Authority shall regulate its own procedures.
Frequency of meeting 2.―(1) Except with the written approval of the Chief Minister, the Authority shall hold at least two meetings in every calendar year.
(2)
Meetings of the Authority 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.
Authority may invite others to meetings 3.
The Authority may request any person (not being a member of the
Council) to attend any meeting or deliberation of the Authority 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 Authority shall cause minutes of all its meetings to be maintained and kept in a proper form.
(2)
Any minutes of meetings of the Authority 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 Authority 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.
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(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 Authority.
Principal office 5.―(1) The Authority shall have a principal office and no change in the principal office may be effected without the prior written approval of the Chief
Minister.
(2)
The minutes of the Authority, its common seal and all its statutory and accounting records shall be kept at the principal office.
Disclosure of interests
6. A member of the Authority whether directly or indirectly, by himself or his spouse or children, having any interest in any company or undertaking with which the Authority 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
Authority shall disclose to the Authority the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the meetings of the
Authority and, unless specifically authorized thereto by the Chairman, such member shall take no part in any deliberation or decision of the Authority relating to the contract or matter.
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