Sabah Council Social Services Enactment 1997

There shall be established a council called "THE SABAH COUNCIL OF

SOCIAL SERVICES" which shall be a body corporate with perpetual succession and may sue and be sued in its corporate name and perform such acts and things as a body corporate may do by law and as are necessary for, or incidental to, the carrying out of its objects under this Enactment.

The Council shall have a common seal and such seal may from time to time be broken, changed, altered and made anew as the Council deems fit.

Objects of the Council.

to co-ordinate voluntary welfare activities in the State not only as between member organisations of the Council but also with other similar organisations;

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to maintain and improve standards of voluntary social works and to encourage voluntary welfare efforts in fields not fully covered by the State

Government;

to assist member organisations by contributions or otherwise to promote voluntary welfare activities in the State;

to initiate, assist and organise such forms of relief and schemes or social service as may be deemed desirable by the Council;

to raise, receive, administer and distribute such funds and goods in kind as are entrusted to the Council;

to disseminate information to, and to interest in all possible ways, the members of the public in social welfare matters and to encourage participation therein;

to make such recommendations to the State Government as the Council thinks fit on matters pertaining to legislation in the field of social welfare or for the furtherance of the objects of the Council; and

to establish and manage a Headquarters for the Council, social service centres and welfare institutions in the State.

Powers of the Council.

For the purpose of carrying out any of the objects set out in section 4 the

Council may –

The Council may by writing, subject to such conditions or restrictions as it may impose, delegate the exercise of any of its powers or the performance of any of its functions under this Enactment to the Committee: Provided that no such delegation shall preclude the Council itself from exercising any of the functions or performing any of the functions so delegated.

Members of the Council.

The Council shall consist of the following members:

Members of the Council referred to in paragraph (e) of subsection (1) shall be appointed by the Minister for a period of two years and may be reappointed, whereas the accredited members referred to in paragraph (f) of subsection (1) shall be elected by member organisations to serve for two years.

Where any casual vacancy of the Council arises, the appropriate authority in question shall appoint a member to fill the vacancy.

Meetings of the Council.

The Council shall meet at least once in every three months or more often as is considered necessary.

At least fourteen days' notice in writing shall be given to members.

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One-third of the members of the Council present and entitled to vote at such meeting shall constitute a quorum.

Every member of the Council present shall be entitled to one vote.

The President shall chair all the meetings of the Council. In the absence of the President, the Deputy President shall become the Chairman of such meeting. In the absence of the President and the Deputy President, the members present shall elect one of their number to be Chairman of that meeting.

Decisions of the Council shall be taken by the votes of the majority of the members present and voting thereon and in the event of an equality of votes the

Chairman of the meeting shall be entitled to a second or casting vote.

Committee of Management.

The management of the affairs of the Council shall be vested in a Committee of Management which shall consist of -

The member referred to in paragraph (c) of subsection (1) shall be an employee of the Council appointed by the Minister who may at any time revoke such appointment.

The members referred to in paragraphs (d), (e) and (f) of subsection (1) shall be Malaysian citizens and shall hold office for one year unless sooner resign.

The Committee shall meet at least once in every three months and fourteen days' notice in writing thereof shall be given to all members.

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The Committee shall be responsible for the carrying out of the functions and administration of the affairs and business of the Council.

At any meeting of the Committee one-third of the total membership of the

Committee shall constitute a quorum.

The Chairman shall chair all meetings of the Committee. In the absence of the Chairman, the Deputy Chairman shall become the Chairman of such meeting. In the absence of the Chairman and Deputy Chairman, the members present shall elect one of their number to be the Chairman of that meeting.

Decisions of the Committee shall be taken by the votes of the majority of the members present and voting thereon and in the event of an equality of votes the

Chairman of the meeting shall be entitled to a second or casting vote.

Any member of the Committee who absents himself from three consecutive meetings, either without satisfactory explanation or without leave of the Committee, shall ipso facto cease to be a member thereof.

Where any vacancy arises in the Committee, the appropriate authority in question shall appoint a member to fill the vacancy.

Administration of the Council.

The Director shall be responsible for the day-to-day administration and management of the affairs of the Council and to perform such duties and exercise such powers as may be entrusted or delegated by the Committee.

The Committee may with the approval of the State Government appoint such other officers and servants as it may consider necessary for the efficient conduct of the affairs of the Council.

The Director, other officers and servants of the Council shall be responsible to the Committee.

The officers and servants of the Council shall hold office for such period, or periods, receive such salaries and allowances, enjoy such privileges, be entitled to such benefits and subject to such conditions of service as may be determined by the

Committee.

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Power to appoint committees.

The Council or the Committee may, for any general or special purpose, appoint such committees as it thinks desirable.

A committee may consist of such number of persons as may be determined by the Council or Committee, as the case may be, and may consist of persons who are not members of the Council.

A committee may invite to any of its meetings any person who can in its opinion contribute to its deliberations but such person shall have no right to vote at the meeting.

The quorum for the meeting of a committee shall be not less than half the number of its membership and decision shall be taken by the votes of a majority of the members present and voting thereon and in the event of an equality of votes the person chairing the meeting shall have a second or casting vote.

The Council may make rules to regulate the procedure of committees.

Power to appoint Board of Visitors.

For the purpose of this Enactment, there is hereby established a Central

Charitable Fund to be administered and controlled by the Council –

No portion of the Fund shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to member organisations.

Borrowing Powers.

The Council shall before the commencement of each financial year cause to be prepared and adopted the estimate of expenditure for the ensuing financial year and it shall be paid from the Fund.

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All funds of the Council shall be deposited with a bank approved by the

Council.

All cheques drawn on the account of the Council shall be signed by such member or members of the Council and such other officer or officers as may be approved by the Council.

The financial year of the Council shall be from the 1st January to the 31st

December.

Account and audit.

The Council shall keep proper accounts and other records in respect of its operation and shall prepare statement of accounts in respect of each financial year.

The accounts of the Council shall be audited annually by the Auditor-General or his authorised representatives.

The accounts of the Council shall be audited within six months of the end of each financial year and within such period the Council shall cause a copy of the statement of accounts in such manner as the Minister may require to be transmitted to him together with a copy of any observation made by the Auditor-General or his authorised representatives.

Annual report.

Except for the purpose of this Enactment or of any criminal proceedings, no member of the Council, the Committee and any committee thereof, and no officer or servant of the Council shall disclose any information with respect to any individual busi-ness, which has been obtained by him in the course of his duties and which is not published in pursuance of this Enactment.

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Any member knowingly contravening the provisions of subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Penal code.

No act or proceeding of the Council or the Committee or any committee thereof shall be questioned on account of any vacancy among the members, any defect in their appointment or in their qualification.

Until the contrary is proved, every meeting of the Council, the Committee or any committee thereof shall be deemed to have been duly convened and held and all members present thereat shall be deemed to be duly appointed and qualified to be appointed.

Disclosure of interest.

all the assets and movable and immovable property of every description and all the powers, rights and privileges in connection therewith or appertaining thereto which immediately before the date of the coming into operation of this Enactment were vested in the former Council shall forthwith vest in the

Council;

all liabilities and obligations of the former Council which may have existed immediately prior to the date of the coming into operation of this Enactment shall be transferred to and vest in the Council; and

every officer of the former Council shall be deemed to hold a corresponding appointment in the Council, subject to any provision that may subsequently be made.

Rules.

to prescribe the forms to be used in applying for membership to the Council and the procedure for such application;

to provide for the withdrawal and cancellation of membership of any member organisation due to inactivity on its part or failure to meet the obligations of membership or for any other cause;

to prescribe the procedure for the appointment of members of the Council;

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to prescribe the returns to be submitted to the Council by any member organisation including annual report, audited accounts and the names of its representatives to serve on the Council; and

to prescribe the duties and the functions of the Board of Visitors.

CERTIFIED by me to be a true copy of the Bill passed by the Legislative Assembly on Tuesday, the 18th day of November 1997.

DATUK FRANCIS T.N. YAP,

Deputy Speaker,

State Legislative Assembly.