Schedule SCHEDULESupplementary
[subsection 4(6)] Persons disqualified for being appointed members of Authority 1. The following persons shall be disqualified for being appointed or being members of the Authority: (a) a person who is of unsound mind or is otherwise incapable of performing his duties; (b) a bankrupt; (c) a person who has been convicted of an offence and sentenced to imprisonment for a term of one year or more. Member to hold office for one year 2. (1) A member (other than the Chairman and the General Manager) of the Authority shall, unless he sooner resigns his office or his appointment is sooner revoked, hold office for one year and shall be eligible for re-appointment. (2) A member of the Authority shall be deemed to have vacated his office if he is absent from Malaysia for a period of more than three months without the prior approval in writing of the Minister. Chairman and three other members to form quorum of Authority 3. (1) The Chairman, or any member presiding in the absence of the Chairman, and three other members shall form a quorum at a meeting of the Authority. (2) In the absence of the Chairman the temporary Chairman and, in his absence, the Deputy Chairman shall preside at a meeting of the Authority and, in the absence of all three of them, the members present shall choose one of their number to preside and such member may exercise all the powers of the Chairman in respect of that meeting. Chairman to have casting vote 4. (1) If on any question to be determined there is an equality of votes, the Chairman shall have the casting vote in addition to his original vote. (2) Where the Chairman is also the General Manager, he shall have no vote in his capacity as the General Manager. Authority to determine its procedure 5. Subject to this Act, the Authority shall determine its procedure. Authority may appoint committees 6. (1) The Authority may appoint such committees of its members, with or without other persons, as it may determine. (2) Any committee so appointed shall conform to instructions that may from time to time be given to it by the Authority, and the Authority may at any time discontinue or alter the constitution of such committee. (3) Subject to this Act and to the direction of the Authority, the quorum and procedure of a committee shall be determined by the committee. Delegation 7. Subject to its direction and control, the Authority may delegate the exercise of any of its functions and powers under this Act to any of its members or officers or to any of its committees consisting of such number of persons as it shall think fit. Common seal of Authority 8. (1) The common seal of the Authority shall bear such impression as the Authority may approve and such seal may from time to time be broken, changed, altered or made anew by the Authority as it may think fit. (2) Until a seal is approved by the Authority a stamp bearing the description βBintulu Port Authorityβ 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 and an officer authorized by the Authority in writing to act in that behalf, and all deeds, documents and other instruments purporting to be sealed with the seal or stamp so authenticated shall until the contrary is proved be deemed to have been validly executed: Provided that a document or an 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 Authority; and such document or instrument may be executed on behalf of the Authority by any of its officers or servants generally or specially authorized in writing to so act. (4) The seal of the Authority shall be officially and judicially noticed. Allowances to members 9. There may be paid to such members of the Authority out of its funds such allowances including travelling and subsistence allowances as the Minister may from time to time determine. Declaration of share or interest and disqualification 10. (1) A member of the Authority or of a committee who has or acquires, directly or indirectly by himself, his partner or agentβ (a) any share or interestβ (i) in a contract or an arrangement made with the Authority; (ii) in any work done for the Authority; or (iii) in a company, firm or an undertaking with which the Authority proposes to enter into a contract or an agreement; or (b) any beneficial interest in immovable property proposed to be purchased or otherwise acquired, or leased or otherwise dealt with, by the Authority, shall declare the nature and extent of his share or interest to the Authority or committee, as the case may be. (2) The declaration required to be made by a member under subparagraph (1) shall be made at the meeting of the Authority or committee at which any question relating to such contract, arrangement, work, purchase or other acquisition or lease or other dealing is first taken into consideration or at the earliest opportunity after the acquisition of such share or interest. (3) For the purposes of this paragraph, a notice given to the other members by a member to the effect that he has such share or interest as is specified in subparagraph (1) and is to be regarded as interested in any such contract, arrangement, work, purchase or other acquisition, or lease or other dealing which may, after the date of the notice, be made with, or be required to be carried out by, the company, firm or undertaking in question shall be deemed to be sufficient declaration of interest in relation thereto: Provided that such notice shall be of no effect unless it is given at a meeting of the Authority or committee or the member concerned takes reasonable steps to ensure that it is brought up and read at the next meeting of the Authority or committee 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 and shall have no effect until it is so recorded. (5) A member shall not vote upon any resolution or question relating to any such contract, arrangement, work, purchase or other acquisition, or lease or other dealing 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 on the invitation of the Authority or committee) 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 purposes of such resolution or question. (6) A member shall not be deemed to have a share or an interest under this paragraph by reason only of his being a shareholder in the company with which it is proposed that the Authority should enter into a contract or an arrangement unless he has a controlling interest in that company. (7) A member who contravenes any of the provisions of this paragraph shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both. ___________________ LAWS OF MALAYSIA BINTULU PORT AUTHORITY ACT 1981