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LAWS OF MALAYSIA
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Act 651
MALAYSIAN HEALTH
PROMOTION BOARD ACT 2006
Incorporating all amendments up to 1 July 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
Act 651
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
PART II
THE BOARD
PART III
OBJECTIVES, FUNCTIONS AND POWERS OF THE BOARD
Section
17. Establishment of the Fund
18. Expenditure to be charged on the Fund
19. Reserve Fund
20. Preparation of budget
21. Accounts and reports
PART V
PART VI
MISCELLANEOUS
Act 651
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PART I
PRELIMINARY
Interpretation
2. In this Act, unless the context otherwise requires—
PART II
THE BOARD
(3) The Board may sue and be sued in its corporate name.
(4) Subject to and for the purposes of this Act, the Board, upon
such terms as it deems fit, may—
(a) enter into contracts;
(b) acquire, purchase, take, lease, hold, sell and enjoy movable
and immovable property of every description; and
(c) convey, assign, surrender, yield up, charge, mortgage,
demise, reassign, transfer, or otherwise dispose of, or
deal with any movable or immovable property and any
interest in any movable or immovable property, vested
in the Board.
(5) The common seal of the Board shall be officially and judicially
noticed.
Tenure of office
6. Subject to such conditions as may be specified in his instrument
of appointment, a member of the Board shall, unless he sooner
resigns or vacates his office or his appointment is sooner revoked,
holds office for a term not exceeding three years and is eligible
for reappointment subject to a maximum of two terms.
Vacation of office
8. The office of a member of the Board shall be vacated—
(a) if he dies;
(b) if there has been proven against him or he has been
convicted on a charge in respect of—
(i) an offence involving fraud, dishonesty or moral
turpitude;
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Malaysian Health Promotion Board 9
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(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 Board without leave from the Chairman or, in the
case of the Chairman, without leave from the Minister;
(f) in the event of his resignation being accepted by the
Minister; or
(g) if his appointment is revoked by the Minister.
(4) The Chief Executive Officer shall perform such further acts
and duties as the Board may direct.
Committees
10. The Board may establish committees consisting of members
of the Board or persons who are not members of the Board or a
combination of both to advise or assist the Board on such matter
concerning its functions as it considers fit, and the Board may
delegate, subject to such terms and conditions or restrictions as it
may impose, such of its functions as it considers fit to any of such
committees.
Disclosure of interest
11. (1) Any member of the Board or any member of a committee
having directly or indirectly any interest in relation to any matter
under discussion by the Board or committee shall disclose to the
Board or committee, as the case may be, the fact of his interest
and the nature of that interest.
(2) The Board shall furnish to the Minister such returns, accounts
and information with respect to the performance of any of its
functions under this Act as the Minister may require or direct.
PART III
OBJECTIVES, FUNCTIONS AND POWERS OF THE BOARD
PART IV
FINANCE
Reserve Fund
19. (1) The Board shall establish and manage a Reserve Fund
within the Fund in accordance with such terms and conditions as
the Minister may determine.
(2) The Reserve Fund shall only be used for the purpose of
meeting contingencies in relation to the functions of the Board.
Preparation of budget
20. The Board shall, in each calendar year, frame a budget showing
the estimate income and expenses which it proposes to incur during
the following year and shall submit a copy of the budget for the
approval of the Minister before such date as may be fixed by the
Minister and such budget shall contain provisions adequate in the
opinion of the Board for the discharge of the liabilities incurred
by the Board and for the maintenance of a working balance.
PART V
OFFENCES AND PENALTIES
False information
22. Any person who makes, orally or in writing or signs any
declaration, return, certificate or other document or who furnishes
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information required under this Act or Haida & Co
under the regulations made
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16 Laws of Malaysia ACT 651
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under this Act which is untrue, inaccurate or misleading in any
particular manner shall be guilty of an offence and shall, on conviction,
be liable to a fine not exceeding ten thousand ringgit or to
imprisonment for a term not exceeding two years or to both.
Repayment
24. Where a person is convicted of an offence under section 23,
the court may, in addition to imposing a punishment under the
section, order the person to make repayment of the amount of
money or value of benefit wrongfully obtained together with interest
at the rate of ten percent per annum in respect of each day from
the day he received the financial assistance or benefit.
(2) Where any person would be liable under this Act to any
punishment or penalty for any act, omission, neglect or default,
he shall be liable to the same punishment or penalty for every such
act, omission, neglect or default of any employee or agent of his,
or of the employee of such agent, if such act, omission, neglect
or default was committed—
(a) by his employee in the course of his employment;
(b) by the agent when acting on his behalf; or
(c) by the employee of such agent in the course of his
employment by such agent or otherwise on behalf of the
agent.
PART VI
MISCELLANEOUS
Public servants
26. The Chairman, all members of the Board and of any committee,
and the officers and servants of the Board, while discharging their
duties as the Chairman or as such members, officers and servants
shall be deemed to be public servants within the meaning of the
Penal Code [Act 574].
if the act was done in good faith and in a reasonable belief that
it was necessary for the purpose intended to be served by it.
29. (1) The Minister may make such regulations as may be expedient
or necessary for the purpose of carrying out the provisions of this
Act.
SCHEDULE
[Subsection 5(4)]
1. (1) The Board shall meet for the dispatch of its business at least once in
every four months at such time and place as the Chairman may determine from
time to time.
(2) The Chairman shall preside over all meetings which he attends.
(3) The members shall, at the first meeting of the full Board, elect a Deputy
Chairman from among them to preside over any meeting or part of a meeting,
from which the Chairman is absent.
(4) Every member of the Board present shall be entitled to one vote. If any
question to be determined by the Board there is an equality of votes, the
Chairman or member presiding at any meeting shall have a casting vote in
addition to his deliberative vote.
(5) The Board may invite any person to attend any meeting of the Board as
and when necessary for the purpose of advising it on any matter under discussion
but that person shall not be entitled to vote at the meeting.
Quorum
Allowance
3. Members of the Board shall be paid such allowances as the Minister may
determine.
Minutes
4. (1) The Board 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 Board shall, if duly signed, be
admissible in evidence in all legal proceedings without further proof.
5. (1) Subject to this Act, the Board shall determine its own procedures.
(2) No act done or proceeding taken by the Board 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; or
(b) an omission, a defect or an irregularity in the procedure not affecting
the merits of the case.
6. Every member of the Board shall devote such time to the business of the
Board as may be necessary to discharge his duties effectively.
Act 651
LIST OF AMENDMENTS
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Act 651
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DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
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