Establishment of the Board
(1) There is established a body corporate by the name of “Malaysian Health Promotion Board”.
(2) The Board shall have perpetual succession and a common seal.
(3) The Board may sue and be sued in its corporate name.
(4) Subject to and for the purposes of this Act, the Board, upon such terms as it deems fit, may—
(a) enter into contracts;
(b) acquire, purchase, take, lease, hold, sell and enjoy movable and immovable property of every description; and
(c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with any movable or immovable property and any interest in any movable or immovable property, vested in the Board.
Common seal of the Board
(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 changed, modified and made anew by the Board as the Board thinks fit.
(2) The common seal shall be kept in custody of the Chief Executive Officer and shall be authenticated by him or by any person authorized by the Board 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 proven 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 Board, and such document or instrument may be executed on behalf of the Board by any officer or servant of the Board generally or specially authorized by the Board in that behalf.
(5) The common seal of the Board shall be officially and judicially noticed.
Members of the Board
(1) The Board shall consist of the following members:
(a) a Chairman to be appointed by the Prime Minister upon the advice of the Minister of Health;
(b) a representative of the Ministry of Health nominated by the Minister of Health;
(c) a representative of the Ministry of Youth and Sports nominated by the Minister of Youth and Sports;
(d) a representative of the Ministry of Culture, Arts and Heritage nominated by the Minister of Culture, Arts and Heritage;
(e) a representative of the Ministry of Finance nominated by the Minister of Finance;
(f) two community members from registered non-governmental organizations from the health sector nominated by the Minister of Health;
(g) two community members from registered non-governmental organizations from the sport sector nominated by the Minister of Youth and Sports;
(h) two community members from registered non-governmental organizations from the culture sector nominated by the Minister of Culture, Arts and Heritage; and
(i) not more than six members representing professions or possessing expertise relevant to the functions of the Board on the nomination of the Minister.
(2) The members nominated under paragraph (1)(i) shall include one person from the health promotion sector, one from the health research sector and others from other areas which may include education, law, finance, advertising, social marketing, youth and women’s interests.
(3) The members nominated under paragraphs (1)(b) to (i) shall be appointed by the Minister.
(4) The provisions of the Schedule shall apply to the members of the Board.
Tenure of office
Subject to such conditions as may be specified in his instrument of appointment, a member of the Board shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, holds office for a term not exceeding three years and is eligible for reappointment subject to a maximum of two terms.
Revocation and resignation
(1) The appointment of any member of the Board may, at any time, be revoked by the Minister without assigning any reason.
(2) A member may at any time resign his office by a written notice addressed to the Minister.
Vacation of office
The office of a member of the Board shall be vacated—
(a) if he dies;
(b) if there has been proven 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
(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 a 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 Board without leave from the Chairman or, in the case of the Chairman, without leave from the Minister;
(f) in the event of his resignation being accepted by the Minister; or
(g) if his appointment is revoked by the Minister.
Chief Executive Officer
(1) The Board shall appoint a Chief Executive Officer after consultation with the Minister, on such terms and conditions as the Minister may determine.
(2) The Chief Executive Officer shall be the Executive Secretary to the Board and be responsible for—
(a) carrying out the decisions and directions of the Board;
(b) managing the functions, programmes staff and other resources of the Board and ensuring compliance with the mandate and objectives of the Board;
(c) preparing strategic plans, programmes and budgets for the consideration of the Board; and
(d) executing all the plans, programmes and projects of the Board for effective and optimal performance.
(3) The Chief Executive Officer shall have general control of the officers and servants of the Board.
(4) The Chief Executive Officer shall perform such further acts and duties as the Board may direct.
(5) In discharging his duties, the Chief Executive Officer shall act under the general authority and direction of the Board.
(6) The Chairman may appoint any officer of the Board to perform the functions of the Chief Executive Officer—
(a) if for any period the Chief Executive Officer is unable, by reason of illness, leave of absence or any other cause, to perform his functions; or
(b) during any period of vacancy in the office of the Chief Executive Officer.
Committees
The Board may establish committees consisting of members of the Board or persons who are not members of the Board or a combination of both to advise or assist the Board on such matter concerning its functions as it considers fit, and the Board may delegate, subject to such terms and conditions or restrictions as it may impose, such of its functions as it considers fit to any of such committees.
Disclosure of interest
(1) Any member of the Board or any member of a committee having directly or indirectly any interest in relation to any matter under discussion by the Board or committee shall disclose to the Board or 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 Board or the committee, as the case may be.
(3) Upon disclosure under subsection (1) the member—
(a) shall not take part in or be present during any discussion or decision of the Board or committee; and
(b) shall be disregarded for the purpose of constituting a quorum of the meeting of the Board or committee, relating to the matter.
(4) A member of the Board or committee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(5) No acts or proceeding of the Board or committee shall be invalidated on the ground that any member of the Board or committee has contravened the provisions of this section.
Appointment of officers and servants of the Board
(1) The Board may appoint or employ such number of officers and servants on such terms and conditions as it may think desirable and necessary, who shall be paid such remuneration, allowances and benefits, and whose appointment shall be on such terms as the Board considers appropriate for carrying out the purposes of this Act.
(2) No person shall be eligible for employment as an officer or servant of the Board if he has, directly or indirectly, by himself or his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Board.
Power of the Minister to give directions and request information
(1) The Minister may give general directions not inconsistent with this Act and the Board shall give effect to such directions.
(2) The Board shall furnish to the Minister such returns, accounts and information with respect to the performance of any of its functions under this Act as the Minister may require or direct.
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).
