Establishment of Lembaga Tabung Haji
(1) There is hereby established a body corporate by the name of “Lembaga Tabung Haji”.
(2) The Lembaga shall have perpetual succession and a common seal and may sue and be sued in its name.
(3) Subject to and for the purposes of this Act, the Lembaga 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 Lembaga upon such terms as it deems fit.
Functions of the Lembaga
(1) The Lembaga shall have the following functions:
(a) to administer the Fund;
(b) to administer all matters concerning the welfare of pilgrims and to formulate policies in connection therewith; and
(c) to do such other things as it may be required or permitted to do under this Act.
(2) The Lembaga shall have power to perform any or all of its functions wholly or partly in Malaysia or outside Malaysia.
(3) The Lembaga may, with the approval of the Minister—
(a) enter into any partnership, joint venture, undertaking or any other form of co-operation or arrangement for the sharing of profits or carry on its activities in association with, or otherwise, any person, public authority or government carrying on or engaging in any such activities;
(b) take or otherwise acquire shares and securities in any public authority, corporation or other body and may sell, hold or re-issue such shares or securities or otherwise dispose of or deal with them;
(c) establish a corporation by such name as the Lembaga may think fit to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Lembaga; or
(d) establish or promote the establishment of companies under the Companies Act 1965 [Act 125] to carry on or engage in any activity which has been planned or undertaken by the Lembaga.
(4) The provisions of the Schedule shall apply to a corporation established under paragraph (3)(c).
Common seal of the Lembaga
(1) The common seal of the Lembaga shall bear such device as the Lembaga may approve and such seal may from time to time be broken, changed, altered and made anew by the Lembaga as it may think fit.
(2) The common seal shall be kept in the custody of the Chief Executive Officer and shall be authenticated by him or by any officer authorized by the Lembaga in writing.
(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) Notwithstanding subsection (3), any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the Lembaga, and any such document or instrument may be executed on behalf of the Lembaga by any officer or servant of the Lembaga generally or specially authorized by the Lembaga in that behalf.
(5) The common seal of the Lembaga shall be officially and judicially noticed.
Membership of the Lembaga
(1) The Lembaga shall consist of the following members:
(a) a Chairman, who shall be appointed by the Minister;
(b) a representative of the Prime Minister’s Department;
(c) a representative of the Treasury; and
(d) not more than seven other members who shall be appointed by the Minister.
(2) No person shall be appointed to be a member of the Lembaga unless he is a Muslim and is a Malaysian citizen.
(3) The following persons shall be disqualified from being appointed to be members or from being members of the Lembaga:
(a) a bankrupt;
(b) a person who has been convicted of an offence and sentenced to imprisonment for a term of not less than one year; or
(c) a person who is of unsound mind or is otherwise incapable of performing his functions as a member of the Lembaga.
(4) If a member of the Lembaga—
(a) fails to attend three consecutive meetings of the Lembaga without the permission in writing of the Chairman of the Lembaga; or
(b) becomes disqualified under subsection (3),
his office as a member of the Lembaga shall become vacant.
(5) The Minister may at any time revoke the appointment of any member of the Lembaga without assigning any reason therefor.
(6) A member of the Lembaga may at any time resign by giving notice in writing to the Minister.
(7) Subject to subsections (4), (5) and (6), a member of the Lembaga shall hold office for a term not exceeding three years and is eligible for reappointment.
Remuneration
Subject to subsection 12(3), members of the Lembaga shall not be entitled to any remuneration but may be paid such honorarium and travelling and subsistence allowances as the Minister may determine.
Meetings of the Lembaga
(1) The Lembaga shall meet at least once in every three months.
(2) Three members of the Lembaga shall form a quorum at any meeting of the Lembaga.
(3) The Chairman or, in his absence, the member elected by the members present shall preside over the meetings.
(4) If the votes on any question are equal, the Chairman shall have the casting vote in addition to his original vote.
(5) Any minutes made of meetings of the Lembaga shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Lembaga in respect 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.
(6) Subject to subsections (1), (2), (3), (4) and (5), the Lembaga may determine its own procedure.
Disclosure of interest in transactions with the Lembaga
(1) Any member of the Lembaga who has or acquires, directly or indirectly, by himself, his partner or his agent—
(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 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 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.
P o w e r o f M i n i s t e r t o g i v e d i re c t i o n s a n d re q u i re information
(1) The Minister may give to the Lembaga such directions of a general character not inconsistent with this Act relating to the performance of the Lembaga’s functions and the Lembaga shall give effect to all such directions.
(2) The Lembaga shall furnish the Minister with such returns, accounts and other information with respect to the property and activities of the Lembaga as he may from time to time require.
Committees
(1) For the purposes of performing its functions, the Lembaga may establish, if it considers necessary, committees, each consisting of such number of members and with such terms of reference as it may specify.
(2) Persons who are disqualified from being appointed to be members or from being members of the Lembaga under subsection 6(3) shall also be disqualified from being appointed to be members or from being members of a committee.
(3) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.
(4) The Lembaga may revoke the appointment of any member of a committee without assigning any reason therefor.
(5) A member of a committee may at any time resign by giving notice in writing to the Chief Executive Officer.
(6) Each committee shall meet at least once in every two months.
(7) If a member of a committee—
(a) fails to attend three consecutive meetings of the committee without the permission in writing of the Chief Executive Officer; or
(b) becomes disqualified under subsection (2),
his office as a member of the committee shall become vacant.
(8) Subject to subsections (6) and (9), sections 7, 8 and 9 shall apply to a committee and its members as they apply to the Lembaga and its members.
(9) In their application to a committee—
(a) section 7 shall be read as if for the word “Minister” there is substituted the word “Lembaga”; and
(b) section 9 shall apply to a member of a committee in respect of any contract or any acquisition, purchase, lease or dealing in land or any project, investment or scheme with which such committee is concerned.
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).
