First Schedule FIRST SCHEDULESupplementary
[Section 4] 1. (1) The Chairman and other members of the Lembaga appointed under paragraph 4(3)(d) (other than the Chief of Defence Forces) and (e) shall serve for such period, not exceeding three years, as may be specified in their letters of appointment and they shall be eligible for reappointment. (2) Every member shall be eligible for reappointment. 2. The appointment of the Chief of Defence Forces shall be by virtue of his office. 3. If the Chairman is unable to exercise his functions under this Act owing to illness, absence from Malaysia or for any other cause whatsoever, his functions shall be exercised by the Deputy Chairman. 4. (1) The Lembaga shall meet at least once in every six months. (2) The Chairman or any member presiding in the absence of the Chairman and three other members shall form a quorum at any meeting of the Lembaga. (3) ln the event of the votes on any question being equal, the Chairman or the member presiding shall have the casting vote in addition to his original vote. (4) Subject to subparagraphs (1), (2) and (3) the Lembaga may make its own procedure. 5. (1) The common seal of the Lembaga shall bear such impression as the Lembaga may approve and such seal may from time to time be broken, changed, altered or made anew by the Lembaga as it may think fit. (2) Until a seal is provided by the Lembaga a stamp bearing the description βLembaga Tabungβ may be used and shall be deemed to be the common seal. (3) The common seal or the stamp under subparagraph (2) shall be kept in the custody of the Chairman and shall be authenticated by him or by any officer authorized by the Lembaga in writing; and all deeds, documents, and other instruments purporting to be sealed with the said seal authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed: Provided that 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. (4) The seal of the Lembaga shall be officially and judicially noticed. 6. There may be paid to each member of the Lembaga out of the Tabung such allowances, including travelling and subsistence allowances, as the Lembaga may from time to time determine subject to such limits and conditions as the Minister may impose. 7. (1) Any member of the Lembaga who has or acquires, directly or indirectly, by himself, his partner or agentβ (a) any share or interestβ (i) in any contract made with the Lembaga; (ii) in any work done for the Lembaga; or (iii) in any company or firm or in respect of any undertaking with which the Lembaga proposes to enter into a contract; or (b) any beneficial interest in land proposed to be acquired, purchased, leased or otherwise dealt with 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 under subparagraph (1) shall be made at a meeting of the Lembaga at which any question relating to such contract, acquisition, purchase, lease, dealing, project or scheme is first taken into consideration or at the earliest opportunity, after acquisition of such share or interest. (3) For the purposes of this paragraph, a general notice given to the other members by a member to the effect that he is a member 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: Provided that such notice shall be of no effect unless either it is given at a meeting of the Lembaga or the member concerned takes reasonable steps to ensure that it is brought up and read at the next meeting of the Lembaga after it is given. (4) Every declaration made in pursuance of this paragraph shall be recorded in the minutes of the meeting at which it is made or read. (5) A member shall not 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 the same, nor shall he 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 shall do so his vote shall not be counted, nor shall he be counted in the quorum present at the meeting for the purpose of such resolution or question.