Section 4 — TABUNG ANGKATAN TENTERA ACT 1973

(2)

The Lembaga shall have a common seal and may sue and be sued in its name and, subject to and for the purposes of this Act, may enter into contracts and acquire, purchase, take, hold and possess movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of or deal with any movable or

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immovable property or any interest vested in the Lembaga upon such terms as the Lembaga may think fit.

(3)

The Lembaga shall consist of—

(a)

a Chairman who shall be the Secretary General of the

Ministry of Defence or such other person as may be appointed by the Minister;

(b)

a Deputy Chairman who shall be a representative of the

Ministry of Defence;

(c)

the Deputy Secretary General to the Treasury;

(ca) the Chief Executive who shall be an ex-officio member;

(d)

four members to be appointed by the Minister to represent the contributors, one of whom shall be the Chief of

Defence Forces;

(e)

such other members not exceeding four in number to be appointed by the Minister on the advice of the Lembaga.

(3A)

In determining whether a person is a fit and proper for the purposes of subsection (3), the Minister shall have regard to—

(a)

the probity, competence and soundness of judgment of the person in fulfilling his responsibilities as a member of the

Lembaga; and

(b)

the diligence with which the person is likely to fulfil his responsibilities as a member of the Lembaga.

(3B)

Without prejudice to the generality of subsection (3), a person shall be disqualified from being appointed or being a member of the

Lembaga, if he—

(a)

is an undischarged bankrupt;

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NOTE—Previously known as the “Chief of the Armed Forces Staff”—see subsection 10(2) of the

Constitution (Amendment) (No. 2) Act 2001 [Act A1130] which c.i.f. on 28 September 2001.

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(b)

has been convicted of an offence relating to the promotion, formation or management of a company or corporation;

(c)

has been convicted of an offence involving bribery, fraud or dishonesty;

(d)

has been convicted of an offence under any written law which is designed for protecting members of the public;

(e)

has been disqualified by an order of the court to act as a director under any written law; or

(f)

has engaged in or has been associated with, any business practice, or otherwise conducted himself in such a way as to cast doubt on his competence and soundness of judgment.

(3C)

The circumstances referred to in subsection (3B) shall be applicable to circumstances in or outside Malaysia.

(4)

The provisions of the First Schedule shall have effect with respect to the Lembaga.

Functions of the Lembaga and establishment of committees by the

Lembaga