Sabah Land Development Board Enactment 1981

This Enactment may be cited as the Sabah Land Development Board

Enactment 1981 and shall come into operation on such date as the Minister may, by notice in

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the Gazette, appoint.

The Minister may appoint different dates for the coming into operation of different parts or provisions of the Enactment.

Interpretation.

As from the commencement of this Enactment there shall be constituted the

―Sabah Land Development Board‖ which shall be a body corporate with perpetual succession, capable of suing and being sued in its corporate name and with power to

 In force 15th September 1981 – See G.N. 994/81.

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purchase or otherwise acquire, hold, and exchange or alienate or otherwise deal with in any lawful manner whatsoever, any property movable and immovable, and to enter into contracts and generally to do such acts and things as a body corporate may do by law and as are necessary for, or incidental to, the carrying out its objects and the exercise of its powers as set out in this Enactment.

The Board shall have a common seal which shall bear such device as the Board may approve and such seal may from time to time be broken, changed altered and made anew by the Board, as the Board may think fit.

Until a common seal is provided under subsection (2), a stamp bearing the inscription ―The Sabah Land Development Board‖ may be used as the common seal of the

Board.

Composition of Board.

The Board shall consist of the following members-

The members as specified in paragraphs (a), (b), and (c) of subsection (1) shall be appointed by the Yang di-Pertua Negeri.

A member who is an officer in the public service of the State may by instrument in writing addressed to the Chairman appoint another officer in the public service of the State as an alternate member who may attend on his behalf any meeting of the Board which such member is for any reason unable to attend and such alternate member when attending such meeting shall for all purposes be deemed to be a member of the Board.

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Subject to the provisions of section 7 of this Enactment, a member other than the General Manager shall hold office for a period of three years from the date of his appointment, and shall be eligible for re-appointment.

Resignation and revocation.

A member, other than the General Manager, may at any time resign his office by giving notice in writing to the Chairman.

The appointment of a member may at any time be revoked by the Yang di-Pertua Negeri if he thinks it expedient to do so.

Disqualification from membership.

a person who is of unsound mind or otherwise incapable of performing his duties or managing his affairs;

a person who is prohibited from being a director of a company under the provisions of any written law relating to companies;

a person who has been convicted of any offence involving fraud, dishonesty or moral turpitude; and

a bankrupt.

Vacation of office.

on his death;

if he is absent from three consecutive meetings of the Board without the special leave of the Chairman or leave of absence granted under this Enactment and the Board passes a resolution declaring his office vacant;

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if he resigns his office;

if he becomes disqualified for membership under section 6 of this Enactment;

if his appointment is revoked by the Yang di-Pertua Negeri.

Leave of absence.

If the office of a member, other than the General Manager, becomes vacant, the

Yang di-Pertua Negeri may appoint another suitably qualified person to fill such vacancy for so long only as the member in whose place he is appointed would have held office.

Where any member, other than the General Manager, is prevented by illness, absence from the State or other like cause from performing his duties as a member, the Yang di-Pertua Negeri may appoint any suitably qualified person to act as deputy for such member during such period as he is so prevented from performing his duties.

Remuneration of members of Board.

The Board shall meet as often as may be necessary or expedient for the transaction of its business and such meetings shall be held at such places and times as the

Chairman may determine:

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Provided that the Chairman shall not allow more than three months to elapse between such meetings.

Where not less than three members, by notice in writing signed by them and addressed to the Chairman, request that a meeting of the Board be held for any purpose specified in such notice the Chairman shall, within seven days of the receipt by him of such notice, convene a meeting accordingly.

Procedure of meetings.

The quorum necessary for the transaction of the business of the Board shall be five.

In the absence of the Chairman from any meeting of the Board, the Deputy

Chairman shall preside thereat and, in the absence of both the Chairman and the Deputy

Chairman, the members present shall elect one of their number to preside thereat.

Questions arising at any meeting of the Board shall be decided by the votes of the majority of those present and voting thereon, and in the case of an equality of votes, the

Chairman or other person presiding at such meeting shall have a second or casting vote.

Subject to the provisions of this Part, the Board shall have power to make standing orders to regulate its own proceedings.

Members interested not to vote.

Any member who has or acquires, directly or indirectly by himself, his partner or agent—

Any person who contravenes or fails to comply with the provisions of subsection

of this section shall be guilty of an offence and shall be liable on conviction to a fine of one thousand ringgit and imprisonment for six months.

Power to appoint committee.

Subject to the provisions of this Enactment, the Board may, for any general or special purpose, appoint such committees as it thinks desirable.

A committee may do all such things as may be necessary for the effective carrying out of its functions but shall be subject to the general directions of the Board.

A committee shall consist of a Chairman and not more than five other persons.

A committee may consist of persons who are not members of the Board.

Members of a committee may be paid such remuneration or allowance as the

Board may, with the approval of the Minister, determine.

Meetings of a committee.

In the absence of the Chairman of a committee from any meeting of the

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committee such other member of the committee as may be elected by the members present shall preside over the meeting.

The quorum for the meeting of a committee shall be three.

Any question to be determined at any meeting of a committee shall be decided by the votes of the majority of those present and voting thereon, and in case of an equality of votes the person presiding shall have a second or casting vote.

A committee may invite to any of its meetings any person who can in its opinion contribute to its deliberations but such a person shall have no right to vote at the meeting.

Subject to this section and the directions of the Board, a committee shall regulate its own procedure.

Delegation of powers.

The Board may delegate to any committee, member, officer or servant of the

Board, such of its functions as it may deem necessary or desirable.

Any functions delegated under this section—

No delegation made under this section shall preclude the Board itself from exercising or performing at any time any of the functions so delegated.

Power of Chairman to delegate.

Subject to the provisions of this Enactment and of any regulations made thereunder, the Chairman may delegate in writing to any member, officer or servant of the

Board the power and authority to carry out on his behalf such duties, powers or functions as he may determine.

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The Chairman may at the time of delegating any power or authority under subsection (1) to any member, officer or servant, or at any time thereafter give directions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke, modify or increase such delegation.

Execution of documents, etc..

The common seal of the Board shall be in the custody of the Chairman and shall not be used except in the presence of the Chairman or Deputy Chairman and one member and such use shall be authenticated by the signatures of such persons and such authentication shall be sufficient evidence that such seal was duly and properly fixed and that it is the lawful seal of the Board.

All documents, other than those required by law to be under seal, to which the

Board is a party may be signed on behalf of the Board by the Chairman or any member or by any officer or servant generally or specially authorised in that behalf by the Board.

Vacancy not to invalidate acts, etc..

No act or proceeding of the Board or any committee thereof shall be questioned on account of any vacancy among the members or on account of the appointment of any member having been defective.

Until the contrary is proved, every meeting of the Board or of any committee thereof shall be deemed to have been duly convened and held and all members present thereat shall be deemed to have been duly qualified.

A statement in any document to the effect that any function has been delegated under this Part shall, unless the contrary is proved, be evidence that such delegation has been lawfully made.

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Subject to section 21, the Board shall appoint a General Manager with the approval of the Minister, and such other officers and servants as may be necessary for carrying out its functions and duties under this Enactment.

Whenever the General Manager is prevented by illness, absence from the State, or other like cause from performing his duties as such, or when the office of General

Manager is vacant, the Board may appoint one of its officers to perform the duties of General

Manager during such period as the General Manager is so prevented from performing his duties or the said office is vacant.

Subject to the approval of the Government, the General Manager and other officers and servants of the Board shall be engaged on such terms and conditions as the

Board may think fit.

Restriction on alterations in establishment.

The General Manager shall be the chief executive officer responsible to the

Board and shall perform such duties and exercise such powers as may be determined or delegated by the Board.

Subject to the directions and control of the Board, all officers and servants of the

Board shall be under the administrative control of the General Manager.

Officer or servant not to be interested in contracts.

No person shall be eligible for employment as an officer or servant of the Board who has, directly or indirectly, by himself or his partner, any share or interest in any contract

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with, for or on behalf of the Board.

Any officer or servant of the Board who has or acquires any such share or interest shall be liable in the discretion of the Board to summary dismissal without notice.

No officer or servant shall be deemed to have or acquire any such share or interest by reason only that—

The Board shall have power for the purpose of the discharge of its duty under section 24—

In addition to the duties imposed under this section, the Board may undertake such other functions and administer and expend such other monies for such purposes as the

Yang di-Pertua Negeri may assign to the Board and in so doing the Board shall be deemed to be fulfilling the purpose of this Enactment and the provisions of this Enactment shall apply to the Board in respect of such functions and the administration and expending of such monies:

Provided always that the accounts of such monies shall be kept separate and apart from those of the Board.

There shall be established a Fund to be known as the ―Sabah Land

Development Board Fund‖ (hereinafter called ―the Fund‖) which shall consist of-For Reference Only (SAGC) [May 2010]

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The Fund may be applied in defraying the following charges-

The Board shall establish a reserve fund.

The management of the reserve fund, the sums to be paid from time to time to the credit thereof and the application thereof shall be as the Board may determine:

Provided that no part of the reserve fund shall be applied otherwise than for the purposes of the Board.

Investment of funds.

The Board may, from time to time, with the approval of the Minister of Finance, borrow money by the issue of debenture stock or otherwise as the Minister of Finance may direct for the purposes of this Enactment.

The Board may, from time to time, for the purpose of this Enactment, raise loans from the Government, or with the consent of the Minister of Finance, borrow by way of a temporary loan or overdraft from a bank licensed under the provisions of the Banking and

Financial Institutions Act 1989 [Act 372.], or otherwise.

Loans may be secured by mortgage.

Subject to such conditions as the Minister may deem fit to impose in particular cases, the Board may, out of the Fund make loans in accordance with the provisions of this

Enactment in that behalf in the execution of its duties or in the discharge of its functions under sections 24 and 25.

In making loans under the provisions of subsection (1) the Board may charge such rate of interest as it may deem fit in any particular case.

Every loan shall be repaid to the Board in accordance with the terms and conditions under which such loan was made and the moneys so paid shall thereupon be taken into the accounts of the Board.

Every mortgage to secure loan and every instrument or charge under the provisions of this Enactment shall be approved by the Board, and all costs, charges and expenses incurred in connection therewith shall be paid by the person to whom the loan is made.

Power to guarantee loans.

The Board shall before the commencement of each financial year cause to be prepared and shall adopt annual estimates of income and expenditure of the Board for the ensuing year.

Supplementary estimates may be adopted by the Board at any of its meetings.

A copy of all annual estimates and supplementary estimates shall, upon their

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adoption by the Board, be sent forthwith to the Minister for his approval.

No expenditure shall be incurred by the Board which has not been included in the annual estimates or supplementary estimates adopted by the Board and approved by the

Minister.

Accounts.

The Board shall cause-

The annual statement of accounts of the Board shall present a true and fair view of the financial position of the Board, and of the results of the operations of the Board for the year to which it relates.

The financial year of the Board shall be the period commencing on the 1st day of January and ending on the 31st day of December in each year.

Audit and statement of accounts.

The accounts of the Board shall be audited by the Auditor-General.

The board shall not later than 31st July of each year submit the accounts of the

Board for the preceding financial year to the Auditor-General for the purpose of audit.

The Board shall, when required by the Auditor-General, produce and lay before him all books and accounts of the Fund concerned, together with all vouchers in support thereof, and relating thereto, and the Auditor-General shall be entitled to require from the

Board, or any member, officer, servant, or agent of the Board such information and explanation as he may deem necessary for the performance of his duties as an auditor.

After the end of each financial year, as soon as the accounts of the Board have been audited, the Board shall cause a copy of the statement of accounts, together with a copy of any report made by the Auditor-General on that statement or on the accounts of the

Board, to be sent to the Minister who shall lay the same before the Legislative Assembly and

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cause a copy thereof to be published in the Gazette.

Annual report.

All moneys paid to the Board shall be paid into an account in such bank or banks licensed under the provisions of the Banking and Financial Institutions Act 1989, as may be approved by the Board.

All orders against the said account shall be signed by the General Manager and countersigned by another officer of the Board authorised in writing in that behalf by the

Board.

When tenders to be called.

The Minister may give to the Board directions of a general character, not inconsistent with the provisions of this Enactment, as to the exercise and performance by the

Board of its functions and the Board shall give effect to any direction so given.

 ―Banking and Financial Institutions Act 1989‖ substituted for ―Banking Act 1973‖ by virtue of Act 372.

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The Board shall furnish the Minister with such information with respect to its property and activities as he may from time to time require.

Land acquired compulsorily.

Where any immovable property, not being State land, is needed for the purposes of the Board and cannot be acquired by agreement, the Board may request and the

Yang di-Pertua Negeri may, if he thinks fit, direct the acquisition of such property, and in such case, such property may be acquired in accordance with the provision of any written law relating to the acquisition of land for a public purpose and any declaration required under any such law that such land is so needed may be made notwithstanding that compensation is to be paid out of funds of the Board, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law.

When any land is acquired compulsorily by the Government at the request and for the purposes of the Board under the provisions of any written law for the time being in force relating to such acquisition—

The Yang di-Pertua Negeri may at any time by order vest any State land or movable property of the Government in the Board where it appears desirable to do so to enable the Board to carry out its duties and responsibilities.

Property vested in the Board under this section may be so vested absolutely or subject to such terms and conditions as the Yang di-Pertua Negeri may think fit to impose.

Where any land is vested in the Board under this section a delivery of a copy of the order concerned shall, notwithstanding any provision of any State law to the contrary, be sufficient authority to any public officer charged with the responsibility for registering dealings

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with land or the issue of title thereto, and any such officer shall thereupon, without payment of fee, take all necessary steps to perfect the title of the Board to such land.

Emergency powers of General Manager.

the General Manager shall not take any step under this section in contravention of any resolution of the Board duly passed at a meeting; and

he shall report anything done under this section to the next following meeting of the Board.

Power of suspension of executive functions.

Except for the purposes of this Enactment or of any criminal proceedings under this Enactment, no member, or officer or servant of the Board shall disclose any information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Enactment.

Any person knowingly contravening the provision of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year.

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Protection against legal proceedings.

No action, suit, prosecution or other proceedings shall be brought or instituted personally against any member of the Board or against the officer or servant appointed by the Board in respect of any act done or statement made bona-fide in pursuance or execution or intended execution of this Enactment.

Where a person is exempted from liability by reason only of the provision of this section the Board is liable to the extent that it would be if such person were a servant or agent of the Board.

Public servants.

all powers, rights, privileges, obligations or liabilities acquired, accrued, or incurred by the Sabah Land Development Board established under the provisions of the Land Development Ordinance, 1956 [F.M.S. 20 of 1956.],

(hereinafter referred to as ―the former Board‖) shall devolve on the Board;

all property of whatever nature possessed by or vested in the former Board shall be possessed by or vested in the Board as the case may be;

all deeds, bonds, agreements, instruments and working arrangements made by the former Board, subsisting immediately before the commencement of this

Enactment shall be in full force and effect against or in favour of the Board and enforceable as fully and effectually as if, instead of the former Board, the Board had been named therein as been a party thereto;

all appointments made for the former Board shall continue to be in force and have effect as if the same had been made under this Enactment;

all proceedings, whether civil or criminal, or causes of action pending or existing immediately before the commencement of this Enactment by or against the former Board may be continued or instituted by or against the Board; and

all persons who, immediately before the commencement of this Enactment, were employed as officers or servants of the former Board shall continue to be employed by the Board as officers or servants, as the case may be, upon the

 F.M.S. 20 of 1956 has been superseded by Land Development Act 1956 (Act 474).

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same terms and conditions of service.