First Schedule FIRST SCHEDULESupplementary
[Subsection 5(2)] Terms and conditions of appointment, revocation and resignation 1. (1) A member of the Lembaga shall, subject to such conditions as the Minister may specify in the instrument appointing him, hold office for a term not exceeding three years and is eligible for reappointment from time to time. (2) The appointment of any member may at any time be revoked by the Minister without assigning any reason therefor. (3) A member may at any time resign his office by letter addressed to the Minister. (4) A member shall devote such time to the business of the Lembaga as may be necessary to the discharge of his duties. Vacation of office 2. (1) The office of a member of the Lembaga 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; or (ii) an offence under any law relating to corruption; or any other offence punishable with imprisonment (in itself (iii) only or in addition to or in lieu of a fine) for more than two years; or (c) if he becomes bankrupt; or (d) if he is of unsound mind or is otherwise incapable of performing his duties; or (e) if he absents himself from three consecutive meetings without leave of the Lembaga; or (f) in the event of his resignation being accepted by the Minister; or (g) if his appointment is revoked. (2) Where any member ceases to be a member by reason of any of the provisions of this Act, a person shall be appointed in his place in accordance with the provisions applicable. Remuneration and allowances 3. There shall be paid to members of the Lembaga or any other person such salaries, remuneration or allowances as the Lembaga may determine after consultation with the Minister. Meetings 4. (1) The Lembaga shall meet at least once in every month. (2) The quorum of the Lembaga shall be six. (3) At all meetings of the Lembaga the Chairman or, in his absence, such member as the members present may elect, shall preside. (4) If on any question to be determined by the Lembaga there is an equality of votes, the Chairman or the member presiding shall have a casting vote in addition to his deliberative vote. (5) Subject to subparagraphs (1), (2), (3) and (4), the Lembaga shall determine its own procedure. Lembaga may invite others to meetings 5. The Lembaga may request any person (not being a member of the Lembaga) to attend any meeting or deliberation of the Lembaga for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the said meeting or deliberation. Common seal 6. (1) The Lembaga shall have a common seal, which shall bear such device as the Lembaga shall approve and such seal may from time to time be broken, changed, altered or made anew, as the Lembaga may think fit. (2) Until a seal is provided by the Lembaga a stamp bearing the description “Lembaga Kemajuan Wilayah Kedah” may be used and shall be deemed to be a common seal. (3) The common seal or the stamp referred to in subparagraph (2) shall be kept in the custody of the Chairman or such other person as may be authorized by the Lembaga, and shall be authenticated by either the Chairman or such authorized person or by any officer authorized by either of them 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. Disclosure of interest 7. A member of the Lembaga having, directly or indirectly, by himself or his partner, any interest in any company or undertaking with which the Lembaga proposes to make any contract or having any interest in any such contract or in any matter under discussion by the Lembaga shall disclose to the Lembaga the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Lembaga, and unless specifically authorized thereto by the Chairman, such member shall take no part in any deliberation or decision of the Lembaga relating to the contract or matter. Minutes 8. (1) The Lembaga shall cause minutes of all meetings of the Lembaga to be maintained and kept in a proper form. (2) 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 the proceedings 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. Validity of acts and proceedings 9. No act done or proceeding taken under this Act shall be questioned on the ground — (a) of any vacancy in the membership of, or of any defect in the constitution of, the Lembaga; or (c) of the contravention by any member of the Lembaga of the provisions of paragraph 7; or (d) of any omission, defect or irregularity not affecting the merits of the case. ____________________