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← Malaysian Palm Oil Board Act 1998

Malaysian Palm Oil Board Act 1998 s 92

Malaysian Palm Oil Board Act 1998 s 92

s 92 Prevention of anomalies

(1) The Minister may, after consultation with the Board, whenever it appears to him necessary or expedient to do so, whether for the purpose of removing difficulties, preventing anomalies or in consequence of the enactment of this Act, by order published in the Gazette make such modifications to any provisions in any existing laws as he thinks fit. (2) The Minister shall not exercise the powers conferred by subsection (1) after the expiration of two years from the appointed day. F IRST SCHEDULE [Subsection 3(3)] Meetings 1. (1) The Board shall meet at least once in every three months at such time and place as may be appointed by the Chairman. (2) At least fourteen days notice in writing shall be given to the members. (3) The Chairman shall preside at a meeting of the Board. (4) The quorum of the Board shall be seven. (5) Every member of the Board present shall be entitled to one vote. (6) If on a question to be determined by the Board there is an equality of votes, the Chairman shall have a casting vote. Allowance 2. Members of the Board shall be paid such allowances as the Minister may determine. Board may invite others to meetings 3. (1) The Board may invite any person to attend a meeting or deliberation of the Board for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting or deliberation. (2) A person invited under subparagraph (1) may be paid such fee as the Board may determine. Common seal 4. (1) The Board shall have a common seal which shall bear such device as the Board shall approve and such seal may be broken, changed, altered or made anew as the Board deems fit. (2) Until a seal is provided by the Board, a stamp bearing the words “Malaysian Palm Oil Board” or “Lembaga Minyak Sawit Malaysia” may be used and shall be deemed to be the common seal of the Board. (3) The common seal shall be kept in the custody of the Director General or such other person as may be authorized by the Board, and shall be authenticated by the Director General 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 Board; and any such document or instrument may be executed on behalf of the Board by any officer or servant of the Board generally or specially authorized by the Board in that behalf. (4) The common seal of the Board shall be officially and judicially noticed. Disclosure of interest 5. A member of the Board having, directly or indirectly, by himself or his partner, any interest in any company or undertaking with which the Board proposes to make any contract or having any interest in any such contract or in any matter under discussion by the Board shall disclose to the Board the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Board and, unless specifically authorized thereto by the Chairman, such member shall take no part in any deliberation or decision of the Board relating to the contract or matter. Minutes 6. (1) The Board shall cause minutes of all its meetings to be maintained and kept in a proper form. (2) Minutes made of meetings of the Board shall, if duly signed, be admissible in evidence in all legal proceedings without further proof. (3) Every meeting of the Board 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 7. No act done or proceeding taken under this Act shall be questioned on the ground of— (a) a vacancy in the membership of, or a defect in the constitution of, the Board; (b) the contravention by any member of the Board of the provisions of paragraph 5; or (c) an omission, a defect or an irregularity not affecting the merit of the case. Procedure 8. Subject to this Act, the Board shall determine its own procedure. Member of Board to devote time to business of Board 9. Every member of the Board shall devote such time to the business of the Board as may be necessary to discharge his duties effectively. Appointment to be published 10. The appointment of every member and alternate member of the Board shall be published in the Gazette.

Read this section in the full act → · Open Part VIII →

Find Act 582 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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).

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