Advertisement
Perumahan Rakyat 1Malaysia Act 2012 [Act 739]

13 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 75; or

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

(c) if he becomes a bankrupt;

(d) if he is of unsound mind or is otherwise incapable of discharging his duties;

(e) in the case of the Chairman of the Corporation, if he absents himself from three consecutive meetings of the Corporation without leave in writing of the Prime Minister;

(f) in the case of a member of the Corporation other than the Chairman of the Corporation, if he absents himself from three consecutive meetings of the Corporation without leave in writing of the Chairman of the Corporation;

(g) if his resignation is accepted by the Prime Minister; or

(h) if his appointment is revoked by the Prime Minister.


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

14 Committees

(1) The Corporation may establish any committee as it considers necessary or expedient to assist it in the performance of its functions.

(2) The Corporation may elect any of its members or any other person approved by the Minister to be the chairman of a committee.

(3) The Corporation may appoint any person to be a member of a committee.

(4) A member of a committee shall hold office on such conditions and for such term as may be specified in his letter of appointment and is eligible for reappointment.

(5) The Corporation may, at any time, revoke the appointment of any member of a committee.

(6) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee and the Corporation.

(7) A committee may regulate its own procedure.

(8) A committee shall be subject to, and act in accordance with, any direction given to it by the Corporation.

(9) The Corporation may, at any time, discontinue or alter the constitution of a committee.

(10) The meetings of a committee shall be held at such times and places as the chairman of the committee may determine.

(11) A committee shall cause-

(a) minutes of all its meetings to be signed, maintained and kept in proper form; and

(b) copies of the minutes of all its meetings to be submitted to the Corporation as soon as practicable.


(12) Any minutes made of a meeting of a committee shall, if duly signed by the chairman of the committee, be admissible in evidence in all legal proceedings without further proof.

(13) Every meeting of a committee in respect of the proceedings of which minutes of the proceedings have been made in accordance with subsection (11) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

(14) A committee may invite any person to attend any of its meetings, for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.

(15) Members of a committee or any person invited to attend a meeting of a committee may be paid such allowances and other expenses as the Corporation may determine.

(16) No act done or proceedings taken under this Act shall be questioned on the ground of-

(a) any vacancy in the membership of, or any defect in the constitution of a committee; or

(b) any omission, defect or an irregularity not affecting the merit of the case.

15 Disclosure of interest

(1) Any member of the Corporation, the Council, the Approvals and Implementation Committee or a committee who has or acquires a direct or indirect interest whether by himself, a member of his family or his associate in relation to any matter under discussion by the Corporation, the Council, the Approvals and Implementation Committee or the committee shall disclose to the Corporation, the Council, the Approvals and Implementation Committee or the committee, as the case may be, the fact of his interest and the nature of that interest.

(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Corporation, the Council, the Approvals and Implementation Committee or the committee, as the case may be, in which the matter is discussed and, after the disclosure, the member-

(a) shall not be present or take part in any discussion or decision of the Corporation, the Council, the Approvals and Implementation Committee or the committee, as the case may be, about the matter; and

(b) shall be disregarded for the purpose of constituting a quorum of the Corporation, the Council, the Approvals and Implementation Committee or the committee, as the case may be,
when the matter is discussed or decided upon.


(3) A member of the Corporation, the Council, the Approvals and Implementation Committee or the committee who fails to disclose his interest as required under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(4) No act or proceedings of the Corporation, the Council, the Approvals and Implementation Committee or the committee shall be invalidated on the ground that any member of the Corporation, the Council, the Approvals and Implementation Committee or the committee has contravened this section.

(5) For the purpose of this section-

"a member of his family", in relation to a member of the Corporation, the Council, the Approvals and Implementation Committee or a committee, includes-

(a) his spouse;

(b) his parent, including a parent of his spouse;

(c) his child, including an adopted child or stepchild;

(d) his brother or sister, including a brother or sister of his spouse; and

(e) a spouse of his child, brother or sister; and


"associate", in relation to a member of the Corporation, the Council, the Approvals and Implementation Committee or a committee, means-

(a) a person who is a nominee or an employee of the member;

(b) a firm of which the member or any nominee of his is a partner;

(c) a partner of the member;

(d) a trustee of a trust under which the member or a member of his family is a beneficiary; or

(e) any corporation within the meaning of the Companies Act 1965 [Act 125] of which or in which the member or any nominee of his or a member of the member's family is a director or has a substantial shareholding.

16 Sections not applicable to the Chief Executive Officer

Sections 9 and 10 shall not apply to the Chief Executive Officer.


SEARCH LEGISLATION
Title:


Number:

ADS