Malaysia legislation

Section 9

of *TABUNG HAJI ACT 1995

Section 9

(a)

any share or interest —

(i)

in any contract made with the Lembaga;

(ii)

in any work done for the Lembaga; or

(iii)

in any company or firm with which the Lembaga proposes to enter into a contract in respect of any undertaking; or

(b)

any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt with by the Lembaga, which he knows to be affected or likely to be affected by

14 Laws of Malaysia ACT 535

any project, scheme or enterprise approved or proposed to be approved by the Lembaga, shall declare the nature and extent of his share or interest to the

Lembaga.

(2)

The declaration required to be made by a member subsection (1) shall be made—

(a)

at a meeting of the Lembaga at which any question relating to the contract, acquisition, purchase, lease, dealing, project or scheme referred to in that subsection is first taken into consideration;

(b)

if the member does not have any such share or interest as is referred to in paragraph (a) at the date of the meeting mentioned in that paragraph, at the next such meeting held after he acquires such share or interest; or

(c)

if a member acquires any share or interest in any contract with the Lembaga after it has been made, at the first meeting held after that member acquires such share or interest.

(3)

For the purposes of this section, a general notice given to the other members by a member to the effect that he is a shareholder or director of any specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with or by that company or firm, shall be deemed to be a sufficient declaration of interest in relation to any contract so made.

(4)

A notice given under subsection (3) shall be of no effect unless it is given at a meeting of the Lembaga or the member concerned takes reasonable steps to secure that it is brought up and read at the next meeting of the Lembaga after it is given.

(5)

Every declaration made in pursuance of this section shall be recorded in the minutes of the meeting at which it was made or read.

(6)

No member of the Lembaga shall vote upon any resolution or question relating to any contract, acquisition, purchase, lease, dealing, project or scheme in which he has any share or interest, whether or not he has declared his share or interest, or take part in any

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deliberation (except by the invitation of the Lembaga) or decision relating thereto or to any matter incidental thereto and if he does so―

(a)

his vote shall not be counted; and

(b)

he shall not be counted in the quorum present at the meeting for the purpose of such resolution or question.

Power of Minister to give directions and require information