Establishment of the Corporation
(1) A body corporate to be known as the “Perumahan Rakyat 1Malaysia Corporation” or “PR1MA Corporation Malaysia” is established.
(2) The Corporation shall have perpetual succession and a common seal.
(3) The Corporation may sue and be sued in its corporate name.
(4) Subject to and for the purposes of this Act, the Corporation may, upon such terms as the Corporation thinks fit—
(a) enter into contracts;
(b) acquire, purchase, take, hold 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 or any interest in the property vested in the Corporation.
Common seal
(1) The Corporation shall have a common seal which shall bear a device approved by the Corporation and the seal may from time to time be broken, changed, altered and made anew as the Corporation thinks fit.
(2) Until a seal is provided by the Corporation, a stamp bearing the words “PR1MA Corporation Malaysia” may be used and shall be deemed to be the common seal of the Corporation.
(3) The common seal shall be kept in the custody of the Chairman of the Corporation or any other person authorized by the Corporation, and shall be authenticated by either the Chairman of the Corporation or such other person as may be authorized by the Chairman of the Corporation in writing.
(4) All deeds, documents and other instruments purporting to be sealed with the seal and duly authenticated shall, until the contrary is proved, be deemed to have been validly executed.
(5) Any deed, document or other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Corporation or an employee of the Corporation authorized in that behalf.
(6) The common seal of the Corporation shall be officially and judicially noticed.
Membership of the Corporation
(1) The Corporation shall consist of—
(a) the following members who shall be appointed by the Prime Minister:
(i) a Chairman;
(ii) not less than two but not more than five representatives of the Federal Government; and
(iii) not less than three but not more than five other members; and
(b) the Chief Executive Officer.
(2) The persons appointed under paragraph (1)(a) shall be persons who, in the opinion of the Prime Minister, have experience and shown capacity and professionalism in matters relating to housing and community development, finance, construction, engineering, business or administration, or are otherwise suitable for appointment because of their special knowledge, experience or suitable qualifications.
Temporary exercise of functions of the Chairman
The Prime Minister may appoint temporarily any member of the Corporation, other than the Chief Executive Officer, to act as the Chairman of the Corporation for the period when—
(a) the office of the Chairman of the Corporation is vacant;
(b) the Chairman of the Corporation is absent from duty or from Malaysia; or
(c) the Chairman of the Corporation is, for any other reason, unable to perform the duties of his office.
Schedule
The provisions of the Schedule shall apply to members of the Corporation.
Approval to hold other office
A member of the Corporation shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the prior written approval of the Prime Minister.
Tenure of office
Subject to such conditions as may be specified in his instrument of appointment, a member of the Corporation shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and is eligible for reappointment.
Remuneration and allowances
(1) The Chairman of the Corporation shall be paid such remuneration and allowances as the Prime Minister may determine.
(2) All other members of the Corporation shall be paid allowances at such rates as the Prime Minister may determine.
Subsidies, grants, facilities, etc., for members of Corporation
The Corporation may provide—
(a) subsidies, grants, financing or credit facilities, for housing or vehicle purposes, and other compassionate financing or loans, to the members of the Corporation; or
(b) subsidies, grants, financing or credit facilities, for medical purposes to the members of the Corporation and their dependants,
on such terms and conditions as the Corporation may determine.
Revocation of appointment and resignation
(1) The Prime Minister may, at any time, revoke the appointment of any member of the Corporation.
(2) A member of the Corporation may, at any time, resign by giving notice in writing to the Prime Minister.
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.
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.
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.
Sections not applicable to the Chief Executive Officer
Sections 9 and 10 shall not apply to the Chief Executive Officer.
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).
