s 36 Modifications
The Minister may from time to time whenever it appears to him necessary or expedient to do so, whether for the purpose of removing difficulties or in consequence of the passing of this Act, by order make such modifications to any provisions in any existing laws as he thinks fit. First Schedule [Subsection 5(3)] Appointment, revocation and resignation 1. (1) A member of the Perbadanan shall, subject to such conditions as may be specified in his instrument of appointment, hold office for a term not exceeding three years and is eligible for reappointment. (2) The appointment of any member, other than the representative of the State Government, may at any time, be revoked by the Minister without assigning any reason therefor. (3) A member, other than the representative of the State Government, may at any time, resign his office by letter addressed to the Minister. (4) Every member shall devote such time to the business of the Perbadanan as is necessary to discharge his duties effectively. Vacation of office 2. (1) The office of a member of the Perbadanan 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 32; 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 without leave of the Perbadanan; (f) in the event of his resignation being accepted by the Minister; or (g) if his appointment is revoked by the Minister. (2) Where any person ceases to be a member by reason of any of the provisions of this Act, another person shall be appointed in his place in accordance with the provisions applying. Laws of Malaysia Act 536 Remuneration or allowance 3. There may be paid to members of the Perbadanan or any other person (not being an officer or servant of the Perbadanan who is within the ambit of the provisions of this Act relating to the terms and conditions of service applicable to his case) such remuneration or allowance as the Minister may determine. Meetings 4. (1) The Perbadanan shall meet at least once in every two months. (2) The quorum of the Perbadanan shall be four. (3) The decision of the Perbadanan shall be by majority votes and where there is an equality of votes, the President shall have the deciding vote. (4) The Secretary shall be present at all meetings of the Perbadanan but he shall have no voting power. (4a) Notwithstanding subparagraph (4), if the Secretary is unable to be present at any meeting of the Perbadanan due to illness or for any other reason permitted by the President, the Prrsident may direct an officer of the Perbadanan who is under the supervisions or control of the Secretary to be present at any meeting of the Perbadanan to perform the function of Secretary at that meeting. (5) Subject to the provisions of this Act, the Perbadanan shall determine its own procedure. Perbadanan may invite others to meetings 5. The Perbadanan may request any person (not being a member of the Perbadanan) to attend any meeting or deliberation of the Perbadanan 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 Perbadanan shall have a common seal which shall bear such device as the Perbadanan shall approve and such seal may from time to time be broken, changed, altered or made anew as the Perbadanan may think fit. (2) Until a seal is provided by the Perbadanan, a stamp bearing the words “Perbadanan Putrajaya” may be used and shall be deemed to be the common seal of the Perbadanan. (3) The common seal shall be kept in the custody of the President or such other person as may be authorized by the Perbadanan, and shall be authenticated by the President 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 Perbadanan; and any such document or instrument may be executed on behalf of the Perbadanan by any officer or servant of the Perbadanan generally or specially authorized by the Perbadanan in that behalf. (4) The common seal of the Perbadanan shall be officially and judicially noticed. Disclosure of interest 7. A member of the Perbadanan having, directly or indirectly, by himself or his partner, any interest in any company or undertaking with which the Perbadanan proposes to make any contract or having any interest in any such contract or in any matter under discussion by the Perbadanan shall disclose to the Perbadanan the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Perbadanan and, unless specifically authorized thereto by the President, such member shall take no part in any deliberation or decision of the Perbadanan relating to the contract or matter. Minutes 8. (1) The Perbadanan shall cause minutes of all its meetings to be maintained and kept in proper form. (2) Any minutes made of meetings of the Perbadanan shall, if duly signed, be admissible in evidence in all legal proceedings without further proof and every meeting of the Perbadanan 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 of— (a) any vacancy in the membership of, or of any defect in the constitution of, the Perbadanan; (b) the contravention by any member of the Perbadanan of the provisions of paragraph 7; or (c) any omission, defect or irregularity not affecting the merits of the case. Laws of Malaysia Act 536 Second Schedule [Subsection 29(2)] Power of the Perbadanan to make regulations in respect of corporation 1. The Perbadanan shall, on or before the date on which any corporation is established under section 29, make regulations in respect of such corporation defining— (a) the purposes and objects for which the corporation is established; (b) the rights, powers, duties and functions of such corporation; (c) the system of management thereof; and (d) the relations between such corporation and the Perbadanan and the Perbadanan’s rights of control over such corporation. Limitation on power to establish corporation 2. Nothing in paragraph 1 shall be deemed to authorize the Perbadanan to make regulations to establish any corporation for any purpose or object more extensive in scope than the purposes or objects for which the Perbadanan has been constituted or to confer on any corporation any right, duty, power or function which is not within the rights, duties, powers or functions of the Perbadanan under this Act. Effect of regulation 3. Subject to the provisions of this Act and of any regulations made under section 33, any regulations made under paragraph 1 shall be binding on the corporation in respect of which they were made and shall have effect for all purposes as if they had been enacted in this Act. Amendment of regulations 4. The Perbadanan may at any time amend, revoke or add to any regulations made under paragraph 1 in respect of any corporation. Register of corporation 5. The Perbadanan shall keep a register in the prescribed form of all corporations established by it under section 29 and such register, together with copies of all regulations made under paragraphs 1 and 4, shall be open to public inspection at such place or places and at such time as it may prescribe. Winding up 6. (1) The Perbadanan may, with the approval of the Minister, by order published in the Gazette, direct that any corporation established by it be wound up and dissolved. (2) Upon the dissolution of any corporation under this paragraph the assets of the corporation after discharging all its liabilities shall be transferred to and shall vest in the Perbadanan. (3) The winding up of a corporation under this paragraph shall be conducted in such manner as the Perbadanan may prescribe. Corporation to be bodies corporate 7. Every corporation established under section 29 shall be a body corporate by such name as the Perbadanan shall give to it and shall have perpetual succession and a common seal and may sue and be sued in such name and, for the purpose of carrying into effect the project, scheme or enterprise for which it has been established, may enter into contract, and may hold and deal in or with any immovable or movable property and may do all other matters and things incidental or appertaining to a body corporate not inconsistent with the provisions of this Act and subject to such restrictions or limitations as may be prescribed by the Perbadanan in each case. Common seal of corporation 8. (1) Every corporation shall have a common seal which shall bear such device as the corporation, with the approval of the Perbadanan, may approve and such seal may from time to time be broken, changed, altered or made anew as the corporation, with the approval of the Perbadanan, may think fit. (2) Until a seal is provided by the corporation, a stamp bearing the name of the corporation encircling the letters “PP” 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 such person as may be authorized by the corporation, and shall be authenticated by such person; 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 corporation; and any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf. (4) The common seal of every corporation shall be officially and judicially noticed. Laws of Malaysia Act 536 Laws of Malaysia