FIRST SCHEDULE (BAITUMAL CORPORATION ENACTMENT 1998

ENACTMENT NO. 11 OF 1998
BAITUMAL CORPORATION ENACTMENT 1998

FIRST SCHEDULE

1. Appointment, revocation and resignation.

(1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Corporation shall hold office for a term not exceeding three years and is eligible for reappointment.

(2) The appointment of any member may at anytime be revoked by the Yang di-Pertua Negeri without assigning any reason therefor.

(3) A member may at any time resign his office by letter addressed to the Yang di-Pertua Negeri.

2. Vacation of office.

(1) The office of a member of the Corporation shall be vacated –

(a)

if he dies;

(b)

if there has been proved against him, or he has been convicted on, a charge in respect of –

(i) an offence involving fraud, dishonesty or moral turpitude:

(ii) an offence under any law relating to corruption or under section 34(2); or

(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;

(c)

if he becomes bankrupt:

(d) if

he is of unsound mind or is otherwise incapable of discharging his duties;

(e) if he absents himself from three consecutive meetings of the Corporation without leave of the Minister;

(f)

if his resignation is accepted by the Yang di-Pertua Negeri; or

(g)

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

(2) Where any person ceases to be a member by reason of any of the provisions of this Enactment, another person shall be appointed in his place in accordance with the provisions applying.

3. Meetings.

(1) The Corporation shall meet at least once in every two months.

(2) The quorum of the Corporation shall be five.

(3) Subject to the provisions of this Enactment, the Corporation shall determine its own procedure.

4. Corporation may invite others to meeting.

The Corporation may invite or request any person (not being a member of the Corporation) to attend any meeting or deliberation of the Corporation 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.

5. Disclosure of interest.

A member of the Corporation having, directly or indirectly, by himself or his partner any interest in any company or undertaking with which the Corporation proposes to make any contract or having any interest in any such contract or in any matter under discussion by the Corporation shall disclose to the Corporation the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Corporation and, unless specifically authorised thereto by the Chairman, such member shall not take part in any deliberation or decision of the Corporation relating to the contract or matter.

6. Minutes.

(1) The Corporation shall cause minutes of all its meetings to be maintained and kept in a proper form.

(2) Any minutes made in respect of meetings of the Corporation shall, if duly signed, be admissible in evidence in all legal proceedings without further proof and every meeting of the Corporation 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.

7. Validity of acts and proceedings.

No act done or proceedings taken under this Enactment shall be questioned on the ground of –

(a)

any vacancy in the membership of, or any defect in the constitution of, the Corporation;

(b)

the contravention by any member of the Corporation of the provisions of paragraph 5); or

(c)

any omission, defect or irregularity not affecting the merits of the case.

8. Chairman of the Corporation.

The Chairman of the Corporation shall be a citizen of Malaysia who possesses not less than ten years' experience in the service of the State Government or any statutory body or any institution recognised by the Majlis or Government of Sabah.

9. General manager of Corporation.

The General Manager of the Corporation shall be a citizen of Malaysia who possesses the following qualifications:

(a)

at least a bachelor degree from any recognised University or recognised institution of higher learning;

(b)

not less than ten years' experience in the service of the Government or any statutory body or any institution recognised by the Majlis or Government of Sabah; and

(c)

not being disqualified under paragraph 2.