s 55 Savings provisions
(1) The provisions of this Act shall not apply to or affect— (a) in relation to a Government entity— (i) any project undertaken by, or any project approved or awarded to, any Government entity before the date of the coming into operation of this Act; and (ii) unless otherwise decided by the Prime Minister, any proposed project of any Government entity in respect of which approval or award is pending on the date of the coming into operation of this Act; and (b) in relation to a person— (i) any project undertaken by, or any project approved or awarded to, any person before the date of the coming into operation of this Act; and (ii) any proposed project of any person in respect of which approval or award is pending on the date of the coming into operation of this Act. (2) The execution or continued execution of any project, or approval or award of any proposed project which is pending except in respect of any proposed project in relation to which a direction has been made by the Prime Minister under subsection (1), shall not be affected by the coming into operation of this Act and for such purposes it shall be treated as if this Act had not been enacted. First Schedule [Section 10] Appointment, revocation and resignation 1. (1) The appointment of a member of the Council under paragraphs 10(1)(d) and (e) of the Act shall be for such duration and on such terms as the Prime Minister may determine. (2) A member of the Council appointed under paragraph 10(1)(f) of the Act shall, subject to such terms as may be specified in his instrument of appointment, hold office for a term not exceeding two years and is eligible for reappointment for a maximum period of three consecutive terms. (3) The appointment of a member under paragraph 10(1)(f) of the Act may at any time be revoked by the Prime Minister, without assigning any reason for the revocation. (4) A member appointed under paragraph 10(1)(f) of the Act may at any time resign his office by letter addressed to the Prime Minister. Vacation of office 2. The office of a member of the Council appointed under paragraph 10(1)(f) of the Act is 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 this Act; 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 of the Council without leave of the Chairman; (f) if his resignation is accepted by the Prime Minister; or (g) if his appointment is revoked by the Prime Minister. Meetings of the Council 3. (1) The Council shall meet at such times and places as the Chairman may determine. (2) The Chairman shall preside at a meeting of the Council or in the absence of the Chairman, the Deputy Prime Minister shall preside. (3) The Chairman who presides at a meeting of the Council and four other members shall constitute a quorum at any meeting of the Council. (4) Subject to subparagraph (5), the Chairman who presides at a meeting of the Council and every member present at such meeting of the Council shall be entitled to one vote. (5) For the avoidance of doubt, in all meetings of the Council the vote of the Chairman who presides at a meeting of the Council shall be counted as one. (6) Decisions of the Council shall be made by unanimous vote of members present and entitled to vote at the relevant meeting. Council may invite others to meetings 4. (1) The Council may invite any other person to attend any meeting or discussion of the Council for the purpose of advising the Council on any matter under discussion, but any person so attending shall have no right to vote at the meeting or discussion. (2) Any person invited to attend any meeting or discussion of the Council under subparagraph (1) may be paid allowances and such other expenses as the Council may determine. Resolution without meetings 5. (1) A resolution is taken to have been passed at a meeting of the Council if— (a) all members of the Council have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the Council of the proposed resolution; and (b) without meeting, all of the members of the Council indicate agreement with the resolution in accordance with the method determined by the Council under subparagraph (2). (2) Subparagraph (1) applies only if the Council— (a) decides that the subparagraph applies; and (b) decides the method by which members of the Council are to indicate agreement with the resolutions. Disclosure of interest 6. (1) Any member of the Council who has or acquires a direct or indirect interest by himself, through a member of his family or his associate in relation to any matter under discussion or deliberation by the Council shall disclose to the Chairman presiding at the meeting of the Council the fact of his interest and the nature of that interest. (2) A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the Council in which the matter is discussed or deliberated and, after the disclosure, the member— (a) shall not be present in any discussion or deliberation, or decision of the Council when the matter is discussed or deliberated, or decided upon; and (b) shall be disregarded for the purpose of constituting a quorum of the Council when the matter is discussed or deliberated, or decided upon. (3) For the purposes of this paragraph— (a) “a member of his family”, in relation to a member of the Council includes— (i) his spouse; (ii) his parent including a parent of his spouse; (iii) his child including an adopted child or stepchild; (iv) his brother or sister including a brother or sister of his spouse; and (v) a spouse of his child, brother or sister; and (b) “associate”, in relation to a member of the Council means— (i) a person who is a nominee or an employee of the member; (ii) a firm of which the member or any nominee of his is a partner; (iii) a partner of the member; (iv) a trustee of a trust under which the member or a member of his family is a beneficiary; or (v) any corporation within the meaning of the Companies Act 1965 [Act 125], of which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding in the corporation. Live participation by video links, etc. 7. The Chairman may authorize, a meeting by, or a member to participate in any meeting of the Council by, live video, television links or other appropriate communication or multimedia facilities. Minutes 8. (1) The Council shall cause minutes of all its meetings to be maintained and kept in a proper form. (2) Any minutes made of a meeting of the Council shall, if duly signed by the Chairman presiding at such meeting, be admissible in evidence in all legal proceedings without further proof. (3) Every meeting of the Council in respect of the proceedings of which minutes have been made in accordance with subparagraphs (1) and (2) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act. Common seal 9. (1) The Council shall have a common seal which shall bear such device as the Council shall approve and such seal may be broken, changed, altered or made anew as the Council may think fit. (2) Until a seal is provided by the Council, a stamp bearing the words “East Coast Economic Region Development Council” may be used and shall be deemed to be the common seal of the Council. (3) The common seal shall be kept in the custody of the Chief Executive or such officer of the Council as may be authorized by the Chief Executive in writing, and shall be authenticated by the Chief Executive or such authorized officer; and all deeds, documents or other instruments purporting to be sealed with that seal, authenticated as specified in this subparagraph, shall, until the contrary is proved, be deemed to have been validly executed. (4) Notwithstanding subparagraph (3), any document or instrument which if executed by a person who, not being a body corporate, would not be required to be under seal may in like manner be executed by the Council; and any such document or instrument may be executed on behalf of the Council by any officer or servant of the Council generally or specially authorized by the Chief Executive in that behalf. (5) The common seal of the Council shall be officially and judicially noticed. Validity of acts and proceedings 10. No act or omission done or proceedings taken by the Council under this Act shall be questioned or invalidated on the ground of— (a) any vacancy in the membership of, or any defect in the constitution of, the Council; (b) a contravention by any member of the Council of the provisions of paragraph 6; (c) the presence or participation of a member or person not entitled to be present or participate; and (d) any omission, defect or an irregularity not affecting the merit of the case. Procedure 11. Subject to this Act, the Council may regulate its own procedure. Allowances 12. There may be paid to the members of the Council such allowances and other expenses as the Prime Minister may determine. Members of Council to devote time to business of the Council 13. Every member of the Council shall devote such time to the business of the Council as may be necessary to discharge his duties effectively. Second Schedule [Sections 12 and 28] Interpretation 1. In this Schedule, unless the context otherwise requires— (a) “member of committee” means a member of a committee appointed under section 12 of the Act, and a member of the Implementation and Coordination Committee appointed under section 28 of the Act, and includes an alternate member of a member of the Implementation and Coordination Committee; (b) “committee” means a committee appointed under section 12 of the Act and the Implememtation and Coordination Committee appointed under section 28 of the Act; and (c) “chairman” means the chairman of the respective committee, or the chairman of the Implementation and Coordination Committee, as the case may be, and includes a member of a committee acting as chairman under subparagraph 3(2). Appointment, revocation and resignation 2. (1) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment. (2) In relation to a committee appointed under section 12 of the Act, the Council may revoke the appointment of any member of the committee without assigning any reason for the revocation. (3) In relation to the Implementation and Coordination Committee appointed under section 28 of the Act, the Prime Minister may revoke the appointment of any member of the Committee without assigning any reason for the revocation. (4) Any member of a committee may at any time resign by giving a notice in writing to the Prime Minister. (5) The Council may at any time discontinue or alter the constitution of a committee. Meetings of a committee 3. (1) A committee shall meet at such times and places as the chairman of the committee may determine. (2) The chairman shall preside at a meeting of the committee or in the absence of the chairman, the members present at the meeting shall appoint a chairman from amongst them. (3) The chairman who presides at a meeting of a committee and two other members shall constitute a quorum of any meeting of a committee. (4) Subject to subparagraph (5), the chairman who presides at a meeting of a committee and every member present at such meeting of the committee shall be entitled to one vote. (5) For the avoidance of doubt, in all meetings of a committee the vote of the chairman who presides at a meeting of the committee shall be counted as one. (6) Decisions of a committee shall be made by a majority of votes of members present and entitled to vote at the relevant meeting. (7) Notwithstanding subparagraph (6), if on a question to be determined by a committee, there is an equality of votes, the chairman who presides at a meeting shall have a casting vote. Committee may invite others to meetings 4. (1) A committee may invite any person to attend any meeting or discussion of the committee for the purpose of advising the committee on any matter under discussion, but any person so attending shall have no right to vote at the meeting or discussion. (2) Any person invited to attend any meeting or discussion of a committee under subparagraph (1) may be paid allowances and such other expenses as the Council may determine. Resolution without meetings 5. (1) A resolution is taken to have been passed at a meeting of a committee if— (a) all members of the committee have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the committee of the proposed resolution; and (b) without meeting, all of the members of the committee indicate agreement with the resolution in accordance with the method determined by the committee under subparagraph (2). (2) Subparagraph (1) applies only if a committee— (a) decides that the subparagraph applies; and (b) decides the method by which members of the committee are to indicate agreement with the resolutions. Disclosure of interest 6. (1) Any member of a committee who has or acquires a direct or indirect interest by himself, through a member of his family or his associate in relation to any matter under discussion or deliberation by the committee shall disclose to the chairman who presides at the meeting of the committee the fact of his interest and the nature of that interest. (2) A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the committee in which the matter is discussed or deliberated and, after the disclosure, the member— (a) shall not be present in any discussion or deliberation, or decision of the committee, when the matter is discussed or deliberated, or decided upon; and (b) shall be disregarded for the purpose of constituting a quorum of the committee when the matter is discussed or deliberated, or decided upon. (3) For the purpose of this paragraph— (a) “a member of his family”, in relation to a member of a committee includes— (i) his spouse; (ii) his parent including a parent of his spouse; (iii) his child including an adopted child or stepchild; (iv) his brother or sister including a brother or sister of his spouse; and (v) a spouse of his child, brother or sister; and (b) “associate”, in relation to a member of a committee means— (i) a person who is a nominee or an employee of the member; (ii) a firm of which the member or any nominee of his is a partner; (iii) a partner of the member; (iv) a trustee of a trust under which the member or a member of his family is a beneficiary; or (v) any corporation within the meaning of the Companies Act 1965 [Act 125], of which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding in the corporation. Live participation by video links, etc. 7. The chairman may authorize, a meeting by, or a member to participate in any meeting of a committee by, live video, television links or other appropriate communication or multimedia facilities. Minutes 8. (1) A committee shall cause minutes of all its meetings to be maintained and kept in a proper form. (2) Any minutes made of a meeting of a committee shall, if duly signed by the chairman presiding at the meeting, be admissible in evidence in all legal proceedings without further proof. (3) Every meeting of a committee in respect of the proceedings of which minutes have been made in accordance with subparagraphs (1) and (2) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act. (4) A committee shall cause copies of the minutes of all its meetings to be submitted to the Council as soon as may be practicable. Validity of acts and proceedings 9. No act or omission done or proceedings taken by any committee under this Act shall be questioned or invalidated on the ground of— (a) any vacancy in the membership of, or any defect in the constitution of, the committee; (b) a contravention by any member of the Council or committee of the provisions of paragraph 6; (c) the presence or participation of a member or person not entitled to be present or participate; and (d) any omission, defect or an irregularity not affecting the merit of the case. Procedure 10. Subject to this Act and any directions of the Council a committee may regulate its own procedure. Committee subject to directions of Council 11. A committee shall be subject to and act in accordance with any direction given to the committee by the Council. Allowances 12. There shall be paid to the members of a committee such allowances and other expenses as the Chairman of the Council may determine. Members of committee to devote time to business of the committee 13. Every member of a committee shall devote such time to the business of the committee as may be necessary to discharge his duties effectively. Third Schedule [Section 33] 1. Tourism Fund 2. Bumiputera Commercial and Industrial Community (BCIC) and Small Medium Enterprises (SME) Leverage Fund 3. Heritage and Handicraft Fund 4. Real Estate Trust Fund 5. Poverty Fund 6. Biodiversity and Biotechnology Fund DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA