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← Energy Commission Act 2001

Energy Commission Act 2001 s 41

Energy Commission Act 2001 s 41

s 41 Things done in anticipation of the enactment of this Act

All things done by any person or public authority on behalf of the Commission in the preparation of and towards the proper implementation of this Act, and any expenditure incurred in relation thereto, in anticipation of the enactment of this Act shall be deemed to have been authorized by this Act, and all rights acquired or obligations incurred on behalf of the Commission from anything so done shall upon the coming into operation of this Act be deemed to be the rights and obligations of the Commission. Schedule [Section 13] Times and places of meetings 1. (1) The Commission is to hold as many meetings as are necessary for the efficient performance of its functions and such meetings are to be held at such places and times as the Chairman may decide, provided that the Chairman shall not allow more than two months to lapse between meetings. (2) The Chairman shall call for a meeting if requested to do so in writing by the Minister or by at least two members of the Commission. Quorum 2. The quorum of the Commission shall be half or more than half of the number of members of the Commission. Casting vote 3. If on any question to be determined by the Commission there is an equality of votes, the Chairman shall have a casting vote in addition to his deliberative vote. Commission may invite others to meetings 4. (1) The Commission may invite any person to attend any meeting or deliberation of the Commission for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or deliberation. (2) A person invited under subparagraph (1) shall be paid such allowances as may be determined by the Commission. Resolutions without meetings 5. (1) A resolution is taken to have been passed at a meeting of the Commission if— (a) all members of the Commission have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the Commission of the proposed resolution; and (b) without meeting, a majority of the members of the Commission indicate agreement with the resolution in accordance with the method determined by the Commission under subparagraph (2). (2) Subparagraph (1) applies only if the Commission— (a) decides that subparagraph (1) applies; and (b) decides the method by which members of the Commission are to indicate agreement with resolutions. Energy Commission Minutes 6. (1) The Commission and every committee shall cause minutes of all their meetings to be maintained and kept in a proper form. (2) A committee shall cause copies of the minutes of all its meetings to be submitted to the Commission as soon as practicable. (3) Any minutes made of meetings of the Commission or a committee, if duly signed, shall be admissible in any legal proceedings as prima facie evidence of the facts stated in them without further proof and every meeting of the Commission or committee 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 at the meeting to have been duly qualified to act. Procedure 7. The Commission may regulate its own procedure. Disclosure of interest 8. (1) A member of the Commission or any committee having any interest in any matter under discussion by the Commission or committee shall disclose to the Commission or committee, as the case may be, the fact of his interest and its nature. (2) For the purpose of subparagraph (1), a member of the Commission or committee shall be deemed to have an interest in the matter under discussion if he has interest in any company carrying on activities similar or related to the matter under discussion. (3) A disclosure under subparagraph (1) shall be recorded in the minutes of the Commission or committee, as the case may be, and, after the disclosure, the member having an interest in the matter— (a) shall not take part nor be present in any deliberation or decision of the Commission or committee, as the case may be; and (b) shall be disregarded for the purpose of constituting a quorum of the Commission or committee, as the case may be. (4) No act or proceedings of the Commission or any committee shall be invalidated on the ground that any member of the Commission or committee has contravened the provisions of this paragraph. 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 any defect in the constitution of, the Commission; (b) a contravention by any member of the Commission or a committee of the provisions of paragraph 8; or (c) any omission, defect or irregularity not affecting the merits of the case. Members to devote time to business of Commission 10. The members of the Commission shall devote such time to the business of the Commission as is necessary to discharge their duties effectively. Energy Commission LAWS OF MALAYSIA

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

Find Act 610 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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