Sabah Forestry Development Authority Enactment 1981

STATE OF SAliAH I assent, TUN DATUK I1An MoH.\MMAD ADNAN ROBERT, Yang di-Perilla Neg.·ri. 27TH AUGUST, 1981. No. ; 1 of 1981 An Enactment to repeal and re-enact the law relating to the establishm.:nt of a Sc11,ah Forestry Development Aui.hority and provide for matters incidental thereto and connec;.i:d therewit!1 so as to n,,tke better provisions respecti: g the constitution, administratior., procedure, fu,1ctions and finance of the Sabah Forestry De,-elopment Authority. ENACTED by the Legislature of the State of Sabah as follows: Sabah Forestry Development 682 i\o. 24 of 19~H Authority Short tirle and ~om rneocc:ment, PART I PRELIMINARY I. (1) This Enactment may ·b...: cited as the Sabah Forestry Developn~ent Authority Enactment, 1981, and shaU--c1Jme into op;;ration on such date as the Minister may, by 1otice in the Gazette, appoint. (2) The Minister may appoint different dates for the coming into operation of -.different ·parts or provisions of the Enactment. :~~~-•e- 2. In this Enactment, unless the context otherwise Establish• meot of Authoril1' requires "Authority" means the Sabah Forestry Development Authority (SAFODA) constituted under section 3; "Chairman" means Chairman of the Authority; "Deputy Chairman" means Deputy Chairman of the Authority; "functions" includes powers and duties; "General Manager" means the General Manager appointed under section 20 of the Enactment and includes any person for the time being so appointed to perform the duties of the General Manager; "member" means a member of the Authority including the Chairman and Deputy Chairman; "Minister" means the Minister for the time being charged with responsibility for matters relating to forests and forestry; "timber" shall have the same meaning assigned to it in the Forest Enactment, 1968. PART II ESTABLISHMENT AND CONSTITUTION OF AUTHORITY 3. (l) As from the commencement of this Enactment there shall be constituted the "Sabah Forestry Development Authority" which shall be a body corporate with perpetual succession, capable of suing and being sued in its corporate name and with power to purchase or otherwise acquire, hold, :nd exchange or alienate or otherwise deal with in any lawful manner whatsoever, any property mov:, ble and immovable,· and to enter into contracts and generally to do such acts and things as a body corporate mr:y do by law Sabah Forestry Development Authority No. 24 of 1981 683 and as are necessary for, or incidental to, the carrying, out of its objects and the exercise of its powers as set out in this Enactment. (2) The Authority shall have a common seal which shall bear such device as the Authority may approve and such seal may from time to time be broken, changed, altered and made anew by the Authority, as the Authority may think fit. (3) Until a common seal is provided under subsection (2), a stamp bearing the inscription "The Sabah Forestry Development Authority" may be used as the common seal of the Authority. 4. ( 1) The Authority shall consist of the following members: (a) a Chairman; (b) a Deputy Chair:·1an; (c) two ex-officio members, who shall be persons for the time being holding the offices of the Secretary of Natural Resources and the Conservator of Forests; (d) four other members; (e) the person who for the time being holding the office of the General Manager: Provided that the General Manager shall not be entitled to vote at the meeting of the Authority. (2) The members as sr,ecified in paragraphs (a), (b) and (d) of subsection (I) shall be appointed by the Yar;g di Pertua Negeri. (3) An ex-officio member may by instrument in writing addressed to the Chairman appoint another officer in the public service of the State as an alternate member who may attend on his behalf any meeting of the Authority which such member is for any reason unable to attend and such alternate member when attending such meeting shall for all purposes be deemed to be a member of the Authority. (4) Subject to the provisions of section 7 of this Enact ment, a member other than an ex-officio :nember and the General Manager, shall hold office for a period of three years :"ro·n the date of his appointment, and shall be r 1igible for re-appointment. Composition of Authority. 684 Re.isnation aod removal. Dilqualiti tion from mcmbenhip. Vacation of office. leaffol abseocc. CuuaJ •ac.ancies and tempOrary membenhlp. Sabah Far,,stry TJevelopment No. 24 of 1981 Authority 5. (1) A member, other than an ex-officio member and the General Manager, may at any time re:jgn his office b) giving notice in writing to the Chairman. (2) The appointment of a member may at any time be revoked by the Yang di-Pertua Negeri if h~ thinks it expedient to do so. 6. The following persons shall be disqualified from being appointed as, or if aprointed, remaining a member: (a) a person who is of unsound mind or otherwise incapable of performing his duties or managing his affairs; (b) a person who is prohibited from being a director of a company under the proviskns of any written law relating to companjes; (c) a person who has been convicted of any offence involving fraud, dishonesty or mord turpitude; and (d) a bankrupt. 7. The office of a member, other than an ex-officio member and the General Manager, shall become vacant (a) on his death; (b) if he is absent from three consecutive meetings of the Authority without the special leave of the Chairman or leave of absence granted under this Enactment and the Authority rasses a resolution declaring his office vacant; (c) if he resigns his office; (d) if he becomes disqualified for membership under section 6 of this Enactment; (e) if his appointment is revoked by the Yang di-Pertua Negeri. 8. The Minister may grant to any member such leave of absence as the Minister may de,..:m fit. 9. (1) If the office of a member, otr. !r thJn an cx;-officio member and the General Manager, becomes vacant. the Yar,g di-Pertua Negeri may appoint another suitably qualified person to fill such vacancy for so long only as the member in whose place he is appointed would have held office. Sabah Forestry Development Authority No. 24 of 1981 685 (2) Where any member, other than an ex-officio member a~d the General :r...~ ,:.nager, is prevented by illness, abf.ence from the State or other like cause from performing his duties as a member the Yang di-Pertua Negeri may appoint any suitably qualified person to act as deputy for such member during such period as he is so prevented from perfor J :1ing his duties. 10. There shall be paid to the members, or to such of them as the Minister may determine, such salaries, fees and allowances out of the funds of the Authority as the Minister may from time to time approve. PART III PROCEDURE OF AUTHORITY 11. (l) The Authority shall meet as often as may be necessary or expedient for th~ transaction of its business and such meetings shall be held at such places and times as the Chairman may determine: Provided that the Chairman shall not allow more than three months to elapse between such meetings. (2) V.'here not kss than three members, by notice in writing signed by them and addressed to the Chairman, request that a meeting of th,; Authority be held for any purpose specified in such notk:e the Chairman shall, within seven days of the receipt by him of such notice, convene a nieeting accordingly. 12. (l) The quorum necessary for the transaction of the business of the Authority shall be five. (2) In the absence of the Chairman from any meeting of the Authority, the Deputy Chairman shall preside thereat and, i:1 the absence of bo~h the Chairman and the Deputy Chairman, the members pre~ent shall elect one of their number to preside thereat. (3) ('uestions arising at any meeting of the Authority s'. all be decided by th~ votes of the majority of those present and voting thereon and in the case of an equality of votes the Chairman or other person presiding at such J17eeting shall have a second or casting vote. (4) Subject to the provisions of this Part, the Authority sha1; ha- e power to make standing orders to regulate its own proceedings. Renumer.atlon of members of Authority. Mc:ecinas. Procedure of meetiop. 686 Mcm1'en< interested not to act. Sabalz Forestry Develo,)mem No. 24 of 1981 Authority 13. ( I) Any member who has or acquires, directly or i:1directly by himself, his partner or :1gent (a) any share or interest in any contract made with or work done for the Author:ty or in any compa11y or with any person or in respect of any undertak ing with which the Au:hority proposes to con tract; or (b) any beneficial interest in land proposed to be acquired, purchased, leased· or otherwise dealt with by the Authority or which he knows to be affected or to be likely to be affected by any project, scheme or e·1terprise approved or propos ed to be approved by the Authority, shall, before taking part in any proceedings at a meeting of the Authority, relating to or affectin~ directly or indirectly any such contract or land, inform the person presiding at such meeting of the nature and extent of such share or interest, and such information shall be recorded in the minutes of such meeting, and such member shall not vote upon any resolution or question relating thereto, or to matters incidental thereto and if the person persiding at the meeting so requests, such member shall withdraw from the meeting during such deliberation or dec:ision: Provided that no member shall be deemed to have or acquire any share or interest in a contract with the Autho rity by reason only that he has or acquires a share in any loan issued by the Authority or in any security for the same: Provided further that for the purpose of determining whether there is a quorum a member who attends the meeting shall be treared as being present notwithstanding that, under the provisions of this section, he may not vote or has withdrawn. (2) Any person wro contravenes or fails to comply with the provisions of subsection (I) of this section shall be guilty of an offence and shall be liable on conviction 1 a fine 0f one thousand ringgit and imprisonment for six months. Power to 14. ( I) Subject to the provisions of this Enactment, the ~-~ . comm111ec. Authority may, for any general or special purpose appomt such committees as it thinks desirable. Sabah F c·estry Developmert Authority No. 24 of l'l81 687 (2) A committee may do all such things as may be necessary for the affective carrying out of its functions but shall be subject to the general directions of the Authority. (3) A committee shall consist of a Chairman and not more than five other persons. (4) A committee may consist of persons who are not members of the Authority. (5) Members of a committee may be paid such remune ration or allowance as the Authority may, with the approval of the Minister, determine. 15. (I) In the absence of the Chairman of a committee :C-c:ti0 ss from any meeting of the committee such other member of committee. the committee as may be elected by the members present shall preside over the meeting. (2) The quorum for the meeting of a committee shall be three. (3) Any question to be determined at any meeting of a committee shall be decided by th~ votes of the majority of those present and voting thereon, and in case of an equality of \·otes the person presiding shall have a second or casting vote. (4) A committee may invite to any of its meetings any person who can in its opinion contribute to its deliberations but such a person shall have no right to vote at the meeting. (5) Subject to this section and the directions of the Authority, a committee shall r1;;gulate its own procedure. 16. (1) The Authority may delegate to auy committee member, officer or servant of the Authority, such of its functions as it may deem necessary or desirable. (2) Any functions delegated under this section (a) may be so delegated subject to such conditions or restrictions :1s the Authority may either generally or specially impose; (b) shall be exercis ·d by the committee, ,nember, ofrcer or serva·1t corcerned in the name and on behalf of the Authority. Delcg21ioo of power,. 688 Power or Chairman to rlelcg3te. Execution or documenu, etc. Vacancy not to invalidate acts, etc. Sabah Forest, y Development ~'o. 24 of gs1 Authority (3) No delegation made under this section shall preclude the Authority itself from exercising or performing at any time any of the functions so delegated. 17. (1) Subject to the provisions of this Enactment and of any regulations made thereunder, the Chairman may delegate in writing to any member, officer or servant of the Authority the power and authority to carry out on his b<:half such duties, powers or functions as he may deter mme. (2) The Chairman may at the time of delegating any power or authority under subsection (1) to any member, officer or servant, or at any time thereafter give directions as to the manner in which such delegated power or autho rity is to be exercised and may at any time revoke, modify or increase such delegation. 18. (1) The common seal of the Authority shall be in the custody of the Chairman and shall not be used except in the presence of the Chairman or Deputy Chairman and one member and such use shall be authenticated by the signatures of such persons and such authentication shall be sufficient evidence that such seal was duly and properly fixed and that it is the lawful seal of the Authori(y. (2) All documents, other than those required by law to be under seal, to which the Authority is a party may be signed on behalf of the Authority by the Chairman or any member or by any officer or servant generally or specially authorised in that behalf by the Authority. 19. (1) No act or proceeding of the Authority or any committee thereof shall be questioned on account of any vacancy among the members or on account of the appoint ment of any member having been defective. (2) Until the contrary is proved every meeting of the Authority or of any committee thereof shall be deemed to have been duly convened and held and all members present thereat shall be deemed to have been duly qualified. (3) A statement in any document to the effect that anv function has been delegated under this Part shall, unless the · contrary is r roved, be evidence that such delegation has been lawfuUy made. Sabah Forestry Development Authority No. 24 of 1981 689 PART IV Am,nNISTRA TION 20. (1) Subject to section 21, the Authority shall appoint Aillieint• a General Manager, with the approval of the Minister, and ~~( such other officers and servants as may be necessary for ~~"'· carrying out its functions and duties under the Enactment. :::!ant. (2) Whenever the General Manager is prevented by illness, absence from the State, or other like cause from performing his duties as such, or when the office of General Manager is vacant, the Authority may appoint one of its officers to perform the duties of General Manager during such period as the General Manager is so prevented from performing his duties or the said office is vacant; (3) Subject to the approval of the Government, the General Manager and other officers and servants of the Authorit) shall be engaged on such terms and conditions as the Authority may think fit. 21. The Authority shall not, without the approval of ~" the Government, make any addition to its established posts. :~,;~it. ment. 22. (I) The General Manager shall be the chief executive General h rf Manager of11cer responsible to the Authority and s all pe orm as such duties and exercise such powers as may be determined ~":live. or delegated by the Authority. (2) Subject to the directions and control of the Autho rity, all officers and servants of the Authority shall be under the administrative control of the General Manager. 13. (1) No person shall be eligible for employment as Officer an officer or servant of the Authority who has, directly or :rv:1n, indirectly, by himself or his part1•ier, any share or interest =~ in any contract with, for or on behalf of the Authority. :n,mts. (2) Any officer or servant of the Authority who has or acquires any such share or interest shall be liable in the discretion of the Authority to summary dismissal without n,Jtice. (3) No officer or servant shall be deemed to have or acquired any such share or interest by reason only that (a) he is or becomes a member of an incorporated company which owns land situated in Sabah or has a contract with or executes work for the Authority; or Sabah Forestry Developmem 690 No. 24 of 1981 Aurhority Functions of the Authority General powen of tho Authority. (b) he has or acquires a share in any loan, issued by the Authority or in any security for the same. PART V FUNCTIONS OF THE AUTHORITY 24. The functions of the A'. ;thority shall bc (1) to encourage, promote, stimulate, improve, coor dinate, regulate and control forest products and forest pro duct activities including the effective and efficient utilization of forest products; the improvement of the methods of exploiting forest product5; the planting, maintenance and ·harvesting of forest plantations; grading and quality control; methods of operation, business and marketing; (2) in relation to forest, forest products and fore:-t pro duct activities (a) to gather, study, analyse and distribute informa tion; (b) as needed to arrange and where possible, to pro vide technical advisory services, marketing facili ties and agencies, training progr~ .nmes; (c) to make recommendations to Government on methods, measures and policies and implement or assist in the implementation of any policies or methods approved by Government if so required; (d) to collect, receive or charge such dues, cess or other charges as may be deemed reasonable by the Minister to meet the costs of the Authority and the carrying out of its objectives and functions. (3) to carry out or supervise the development of suitable areas from which timber has been extracted and other suitable areas including planting or replanting. 25. The Authority shall have power to do all things reasonably necessary for or expedient or incidental to, the discharge of its functions and in particular, but without preji..,dice to the generality of this section (a) to authorise any department of the government of the Federation or the State or any person or organisation to employ any agent to carry out any work or perf um any act in furtherance of the objectives and functions of the Authority which Sabah Forestry Development Authority No. 24 of 1981 691 the Authority is competent to p·:rform anc· w;1ich is approved by the Authority; (b) to appoint such technical advisers as it may deem necessary and to permit such advisers to attend at any meeting of the Authority: Provided that such advisers shall not vote at a:1y such meeting; (c) to carry on the businesses of forest product including timber merchants, contractors, carriers of passengers or goods by land or sea, dealers in forest products including timber or wood products and to carry on any other business whatsoever which in the opinion of the Authority, is desirable for the purposes of the Authority; (d) to do anything for the purpose of (i) improving the skill of employees of the Authority; (ii) improving the efficiency of the equipment of the Authority and the manner in which such equipment is operated; (iii) the provision of the Authority and the a~sist ing of the provision by others of facilities f .:,r training, education and research. (e) to provide houses, hostels and other like accom modatioil including convalescent or holiday 1.omes, club houses and playing fields for employees of the Authority; (/) to make and guarantee loans to the employees of the Authority for such purposis as the Authority may approve; (g) to promote generally the welfare of employees of the Authority; (/z) to provide means to facilitate the improved pro cessing and marketing of forest products including timber; (i) to conduct survey:; and investigations in respect of all matters associated with its functions; (j) to prescribe schemes for the processing and mar keting of forest products including timber by any p:.1b'.ic or private body or person a· d to give Sabah Forestry Developm 1t 692 No. 24 of 1981 A llthority Fund of the Authority. assistance to any such body or person, including financial assistance by way of grant, loans or otherwise; (k) to form companie~ either wholly owned or as joint ventures and to enter into equity participation in all activities related to its fr nctions with the public or private body or person; (/) to receive, in consideration of the services rend ered by it, such commission or payment as may be agreed upon; (m) to carry on any other activity which appears to the Authority to be necessary, advantageous or convenient for or in connection with the discharge of its fun ~tions. PART VI FINANCIAL PROVISION 26. (1) There shall be established a Fund to be known as the "Sabah Forestry Development Authority Fund" which shall consist of (a) such sums as may from time to time be provided by the Legislative Assembly out of the general revenues of the State of Sabah or donated by the Government of Sabah, or the Government of Malaysia or of any other State thereof or by any other institution or person for the purposes of the Authority; (b) such sums as may from time to time be raised by the Authority by loan; (c) all rents and proceeds of sale profits and income and other funds derived by the Authority directly or indirectly from the property belonging to the Authority; (d) all such other sums as may from time to time be paid to the Authority. (2) The Fund may be applied in defraying the following charges (a) the e~ penses and allowances of the merrlbers; (b) the: salaries, fees or renumeration of the officers, agents and servants and technical or other advisers of the Authority; Sabah Forestry Development Authority No. 24 of 1981 693 (c) all costs, charges and expenses of and incidental to. the exercise of the powers of the Authority under this Enactment; (d) interest on any loan raised by the Authority; (e) sums required for the repayment of moneys bor rowed; (f) such sums as it may be deemed appropriate to set aside in respect of depreciation on the property of the Authority; (g) any architect, management and agency fees; (/z) grant or loan authorised by the Authority to the State or towards any particular development pro ject carried out by the State; (i) any other expenditure authorised by the Authority and properly chargeable to revenue account. (3) The balance of the revenue and income of the Authority shall be applied for the creation of a general reserve or such other reserves or capital funds as the Authority may deem appropriate. 27. The AutI-ority may, from time to time, invest any of its funds, not immediately required to be expended in the meeting of the obligations or in the discharge of the functions of the Authority, in securities authorized for the investment of trust funds by any written law for the time being in force, and may place the same on deposit in any bank or banks licensed under the provisions of the Banking Act, 1973, or, in any undertaking as may be approved by the Minister of Financial Planning and Development. 28. (I) The Authcrity may, from time to time, with the approval of the Minister of Financial Planning and Deve lopment, borrow money by the issue of debenture stock or otherwise as the Minist .·r of Financial Planning and Development may direct for the purposes of this Enact ment. (2) The Authoritv mav, from time to time, for the purpose of this Enactment, raise loans from the Govern ment, or with the consent of the Minister of Financial Planning and Development, borrow by ,vay of a temporary loan or overdraft from a bank licensed under the pro visions of the Banking Act~ 1973. or otherwise. Investment of ftmda. Act 102. Borrowing powcn. Act 102. 694 Loans mav be secured by mortga1e. Power to make loan· Power to suarant.eo Joans. Annual estimates. Sabah Forestry Developmellt No. 24 of 1~'81 Aurlzority 29. The AiJthority may secui"e the repayment of any sum borrowed, by the mortgage or cha;-ge, legal or equita ble, of any property vested in the Authority, or of any revenue receivable by the Authority under this Enactment or any other written law. 30. (1) Subject to such conditions as the Minister may deem fit to impose in particular cases, the Authority may, out of the Fund make loans in accordance with tle pro visions of this Enactment in that behalf, in the execution of its duties or in the discharge of its functions under section 24. (2) In making loans under the provisions of subsection ( l) the Authority may charge such rate of interest as it may deem fit in any particular case. (3) Every loan shall be repaid to t~e Authority in accordance with the terms and conditions under which such loan was made and the moneys so paid shall thereupon be taken into the accounts of the Authority. (4) Every mortgage to se~ure loan and every instrument or charge under the provisions of this Enactment shall be approved by the Authority, , nd all costs, charges and expenses incurred in conner,tion therewith shall be paid by the person to whom the loan is made. 31. The Authority may, with the written approval of the Yang di-Pertua Negeri, gu:1rantee any loan made by any bank.or financial institution to any applicant approved by the Authority for any purpose for which the Authority might itself have granted such loan. 32. (1) The Authority shall before the commencement of each financial year cause to be prepared and shall adopt annual estimates of income and expecditure of the Autho rity for the ensuing year. (2) Supplementary estimates may be adopted by the Authority at any of its meetings. (3) A copy of all annual estimates and supplementary estimates shall, upon their adoption by the Authority, be sent forthwith to the Minister for his approval. (4) No expenditure sh:-Jl be incurred by the Authority which has not be,::1 included in the annual estimates or supplementary estiniates adopted by the Authority and approved by th,.; Minister. Sa bah F' orestry Development Authority No. 24 of 19rt 33. (1) The Authority shall cause: (a) proper accounts and other records m relation thereto to be kept; and (b) an annual statement of accounts to be prepared. (2) The annual statement of accounts of the Authority shall present a true and fair view of the financial position of the Authority, and of the results of the operations of the Authority for the year to which it relates. (3) The financial year of the Authority shall be the period commencing on the 1st day of January and ending on the 31st day of December in each year. 34. (I) The accounts of the Authority shall be audited by the Auditor-General. (2) The Authority shall not later than the 3lst day of July of each year submit the accounts of the Authority for the preceding financial year to the Auditor-General for the purpose of audit. (3) The Authority shall, when required by the Auditor General, produce and lay before him all books and accounts of the Fund concerned, together with all vouchers in support thereof, and relating thereto, and the Auditor General shall -be enUled to require from the Authority, or any member, officer. servant, or agent of the Authority such information and explanation as he may deem necessary for the performance of his duties as an auditor. (4) After the end of each financial year, as soon as the accounts of the- Authority ha ve been audited, the Authority shall cause a copy of the statement of accounts, together w'.th a copy of any report made by the Auditor-General 011 that statement or on th~ accounts of the Authority, to be sent to the Miniskr who shall lay the same before the Legislative Assembly and cause a copy thereof to be published in the Gazt:te. 35. The Authority shall, as soon as practicable after the e1:d of e~ich financial year, cause to be m·1de and transmitted to the Minister a report dealing generally with the activities of the Authority during such year, and the Minister shall cause a copy of such report to be laid before the Legislative As~ embly. 695 Accoun!s Audit and statement of account,. Annu3I report. Sabah Forestry Development 696 N ), 7 4 of 1981 Authority Bank account. Act IC2. When tcndcn tol>': called. Powcnof Minister to sive directions. Land acquired compul sorily 3G. (]) All moneys paid to the Authority shall be paid into an account in suc:1 bank or banks licensed under the provisions of the Banking Act, 1973 as may be approved by the Authority. (2) All orders against the sai I account shall be signed by the General Manager and countersigned by another officer of the Authority authorised in writing in that behalf by the Authority. 37. Tenders for the execution of any work or duty, or for the supply of any materials or for other things necessary for the purpos~s of the Authority whereby the expenditure of the Authority is involved, shall be called in such cases and in such manner as the Government may generally or in any particular case direct. PART VII GENERAL 38. (1) The Minister may give to the Authority directions of a general character, . .Jt inconsistent with the provisions of this Enactment, as to the exercise and performance by the Authority of its functions and the Authority shall give effect to any direction so given. (2) The Authority shall furnish the Minister with such information with respect to its property and activities as he may from time to time require. 39. (1) Where any immovable property, not being State land, is.needed for the purposes of the Authority and can not be acquired by agreement, the Authority may request and the Y r.ng di-Pertua Negeri may, if he thinks fit, direct, the acquisition of such property, and in such case, such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose and any declaration required under any such law that such land is so needed may be made notwithstand ing that compensation is to be paid out of the funds of the AutJ-,ority, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law. (2) Vt 1en any land is acquired compulsorily l;,y the Govern, ~.ent at the request and for the purposes of the Sabah Forestry Development Aut.':ority No. 24 of 1981 Authority under the provisions of any written law for the time being in force relating to such acquisition (a) the Authority shall indemnify the Government against all costs, charges and expenses incurred by the Government in relation to such acquisition; (b) the A uthority shall not, without the written con sent of the Minister, sell, exchange or otherwise dispose of such land or any interest therein. 40. (1) The Yang di-Pertua Negeri may at any time by order vest any State land or movable property of the Gov ernment in the Authority where it appears desirable to do so to enable the Authority to carry out its duties and responsibilities. (2) Property vested in the Authority under this section may be so vested absolutely or subject to .such terms and ~nditions as the Yang di-Pertua Negeri may think fit to impose. (3) Where any land is vested in the Authority under this section a delivery of a copy of the order concerned shall, notwithstanding any provision of any State law to the contrary, be sufficient authority t .1 any public oflker charged with the responsibility for ri istering dear ngs w;: h land or the issue of title thereto, am any such officer shall thereupon, without payment of fee, take all necessary steps to perfect the title of the Authority to such land. 697 Trander 01 propert, lo Aulhorily 41. In any case of emergency, the General Manager may Emeriienc, direct the executi ,n of any work or the doing of any act ~wers which the Authm Ly is empowered to execute an .i do and ~:ti::;i" which he is not by the provisions of this Enactment or the regulations expressly empowered to execute or do and the immediate execution or doing of which is in his opinion necessary and he may direct that the expense of executing the work or doing the act shall be paid from the funds of the Authority; provided that (a) the General Manager shall not take any step under this section in con·ravention of any resolution of the Authority duly passed at a meeting; and (b) he shall report anything done under this section to the next following meeting of the Authority. U. Notwithstanding '.1D)' other rrovisions of this Ei,Jct P1ent the Ya;1g di-Pcrtua Negeri may by Order susr .. nd all Power of susper, ion of Exccut·\e fur ..:ti0ns. Sabah Forestry Dc·elopment 698 No. 24 of 1981 Authority Sc,croc~ and penally Proloctioa a1alnst Jo1al proccedin&1 Public sernnls. F.M.S. Cap. 4'. Public Authorities Protoctioo Ordinance, 1941 F.M.S Cap. 19/48. ~ulhority deemed to be a native. PenoGs aothoriacd to pl'09Dl:llte. 0 r any of the execuive functions of the Board or of ; ny member or of any officer or servant there of and assign the same to any person or persons for such period as he may deem fit. 43. (1) Except for the purposes of this Enactment or of any criminal proceedings under this Enactment, LO member, or officer or servant of the Authority shall disclose any information with respect to any individual business, which has been obtained by him in the course of his duties and which is not published in pursuance of this Enactment. (2) Any person knowingly contravening the prm. isio-.1 of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year. 44. (1) No action, suit, prosecut\Jn or other proceed ing shall be brought or instituted p-!rsonally against any member of the Authority or against the officer or servant appointed by the Authority in respect of any act done or statement made bona fide in pursuancl! or execution or intended execution of this Enactment. (2) Where a person is exempted from liability by re?son only of the provision of this section the Authority is liable to the extent that it would be if such person were a servant or agent of the Authority. 45. A!I members, officers, and servants of the Authority shall be deemed to be public servants within the meaning of the Penal Code. 46. The Public Authorities Protection Ordinance, 1948, shall apply to any action, suit, prosecution or proceeding against the Authority or against any member, officer, servant or agent of the Authority in respect of any act, neglect, or default done or committed by the Authority or such person in such capacity. 47. For the purpose of any law relating to land the Authority may be deemed a Native. 48. Any prosecution for an offence under this Enactment may be conducted by any person employed by the/ .uthority or by any public offk !r authorised in writing in that behalf by the State Attorney. Sabah Forestry Development Authority No. 74 of 1981 49. No prosecution for any offence punishable· under this Enactment shall be instituted t .,cept by, or with the p,evious sanction in writing of the State Attorney. SO. The Yang di-Pertua Neeeri may make regulations not inconsistent Hith the provisions of this Enactment prescribing anything required by this Enactment and for the better carrying out of the provisions of this Enactment. 51. '(l) · The Sabah Forestry Development Authority Enactment; 1976, is hereby repealed. (2) Notwithstanding the repeal of the Enactment speci fied in subsc;:tion (1) (a) the corporate body constituted under the repealed Enactment shall continue to exist as if the same had been constituted under this Enactment; (b) any •right, privilege, obligation or liability acquired, accrued, or incurred under the repealed Enactment shall continue to be valid as if the same had been acquired, accrued or incurred under this Enactment; (c) any property of whatever nature possessed by or vested in the corporate body constituted under the repealed Enactment shall continue to be possessed by or vested in the Authority; (d) any deed, bond, agreement, instrument and work ing arrangement subsisting immediately before the commencement of this Enactment shall continue to be in force and effect against or in favour of the Authority; (e) any appointmel.t made under the repealed Enact ment or any subsidiary legislation made thereunder shall continue to be in force and have effect as if the same had been made under this Enactment; ('/) any subsidiary let :slat ion made under the repealed Enactment shall insdar as such subsidiary legis lation is not inconsistent with the orovisions of this Enactment continue to be in force and have eff cct as if the same had been made under this En.i~tment and may be rerealed, extended, varied or ameJided accordingly; 699 Sanctloa for Prosecutlon. Power to make Regulations. Repealaad Savins. En. No. 20 or 1976. Sabalz Forestry Development 700 No. 24 of 1981 Authority (g) any person's liability to be pro:;ecuted or punished for offences committed unJer the repealed.Enact ment or any pro .. ;edings brought in respect of such offence before the comme· 1cement of this Enact, :1ent s1 all not be affected; (h) any pr·.Jceedings, whether civil or criminal, or cause of action pending or existing immediately before the commencement of this Enact!· 1ent by or against the corporate body constituted un~er the repealed Enactment may be. continued or instituted by or against the Authority; and (1) any person who, ii:1mediately before the com mencement of this Enactment, was employed as an officer or servant of the body corporate constituted under the repealed Enactment shall continue to be employed by the Authority as an officer or servant, as the case may be, upon the same terms and conditions of service. CERTIFIED by me to be a true copy of the Bill passed by the Assembly on Wednesday, the 12th August, 1981. FREDERICK JINU, Deputy Speaker.