Establishment of the Inland Revenue Board
There is hereby established a body corporate by the name “Inland Revenue Board of Malaysia” with perpetual succession and a common seal, and which may sue and be sued in its name and,
Inland Revenue Board of Malaysia
subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy 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 immovable property or any interest therein vested in the Board upon such terms as it deems fit.
Vesting provisions
(1) Subject to this Act, the Minister may, from time to time, by order published in the Gazette, appoint a vesting date and on such date all property, rights or liabilities of the Government of Malaysia specified by the Minister in such order shall, by virtue of this Act, be transferred to and vested in the Board without any conveyance, assignment or transfer whatever.
(2) Every property vested by virtue of subsection (1) in the Board shall be so vested in the Board for the like title, estate or interest and on the like tenure as the same was vested or held immediately before the vesting date.
(3) Every chose in action vested by virtue of subsection (1) in the Board may, after the vesting date, be sued on, recovered or enforced by the Board in its own name and it shall not be necessary for the Board or the Government of Malaysia to give notice to the person bound by the chose in action of the vesting effected by subsection
(1).
(4) Every right and liability vested by virtue of subsection (1) in the Board may, on and after the vesting date, be sued on, recovered or enforced by or against the Board in its own name and it shall not be necessary for the Board or the Government of Malaysia to give notice to the person whose right or liability is affected by the vesting under subsection (1).
(5) Any pending legal proceedings by or against the Government of Malaysia which relate to any property, right or liability transferred to and vested in the Board by virtue of subsection (1) may, on and after the vesting date, be continued by or against the Board.
(6) In the case of rights and liabilities arising under any loans which is vested in the Board on the vesting date, the Board may enter into such arrangements or agreements over such rights and liabilities with the Government of Malaysia or any third party.
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(7) On and after the vesting date, any agreement relating to any property, rights and liabilities transferred to and vested in the Board under subsection (1) to which the Government of Malaysia was a party immediately before the vesting date, whether in writing or not, and whether or not of such a nature that rights and liabilities thereunder could be assigned by the Government of Malaysia, shall have effect as if the Board has been a party to the agreement.
Common seal
(1) The common seal of the Board 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 it may think fit.
(2) The common seal shall be kept in the custody of the Chairman and shall be authenticated by any two members generally or specially authorized by the Board for the purpose or by one member and the Chairman.
(3) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (2) shall, until the contrary is proved, be deemed to have been validly executed.
(4) The common seal of the Board shall be officially and judicially noticed.
Membership of the Board
(1) The Board shall consist of the following members:
(a) the Secretary General to the Treasury, who shall be the Chairman;
(b) the Attorney General or his representative;
(c) the Director General of Public Service or his representative;
(d) not more than two other persons representing the Government, who shall be appointed by the Minister; and
(e) not more than two other persons who shall be appointed by the Minister.
Inland Revenue Board of Malaysia
(2) The members appointed under paragraph (1)(e) shall be from among persons of standing and experience in financial, commercial, tax or legal matters.
(3) (Deleted by Act A997).
(4) In the event of the Chairman being absent or unable to act due to illness or any other cause, the Minister shall appoint any member of the Board to be the temporary Chairman.
(5) The provisions of the First Schedule shall apply to the Board.
Chief executive officer
(1) The Minister shall, on the recommendation of the Board, appoint a chief executive officer who shall be responsible for the day-to-day administration of the Board.
(2) The appointment of the chief executive officer shall be notified in the Gazette.
(3) In the event the chief executive officer is temporarily unable to perform his duties due to illness or any other cause, another person may be appointed by the Minister to act in place of the chief executive officer during the period of inability.
Terms of office
Subject to such terms as the Minister may determine, a member appointed under paragraph 6(1)(d) or (e), shall hold office for a term not exceeding three years and shall be eligible for reappointment.
Disqualification of member
No person shall continue to hold office as a member if he—
(a) is convicted of an offence involving fraud, dishonesty or moral turpitude;
(b) is of unsound mind or is otherwise incapable of discharging his duties;
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(c) is adjudicated a bankrupt; or
(d) absents himself from three consecutive meetings of the Board without leave of the Chairman.
Revocation and resignation of member
(1) The Minister may, at any time, revoke the appointment of any member appointed under paragraph 6(1)(d) or (e), without giving any reason therefor.
(2) Any member appointed under paragraph 6(1)(d) or (e) may at any time resign from his office by giving notice in writing to the Minister.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
