MALAYSIAN CHAMBER OF MINES INCORPORATION ACT 1914

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 367 MALAYSIAN CHAMBER OF MINES INCORPORATION ACT 1914 As at 1 July 2014 2 MALAYSIAN CHAMBER OF MINES INCORPORATION ACT 1914 First enacted … … … … 1914 (Cap. 104) Revised … … … … 1989 (Act 367 w.e.f. 13 April 1989) Latest amendment made by P.U. (B) 366/2011 which came into operation on … … … … … 21 July 2011 PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 367 MALAYSIAN CHAMBER OF MINES INCORPORATION ACT 1914 ARRANGEMENT OF SECTIONS Section 1. Short title and application INCORPORATION 2. Malaysian Chamber of Mines to be a body corporate 3. Acquisition and disposal of property OBJECTS 4. Objects of the Chamber 5. Application of income 6. Membership 7. Rights of members 8. Ordinary members 9. Visiting members and honorary members MANAGEMENT 10. Council of management 11. Election of officers 12. Powers of the Council BY-LAWS 13. By-laws 14. Alteration of by-laws 15. Approval of Minister and publication in the Gazette SCHEDULE 5 LAWS OF MALAYSIA Act 367 MALAYSIAN CHAMBER OF MINES INCORPORATION ACT 1914 An Act to incorporate the Malaysian Chamber of Mines. [16 December 1914] Short title and application 1. (1) This Act may be cited as the Malaysian Chamber of Mines Incorporation Act 1914. (2) This Act shall apply to the States of Peninsular Malaysia only. INCORPORATION Malaysian Chamber of Mines to be a body corporate 2. The persons now members of the voluntary association known as the Malaysian Chamber of Mines and all such persons as may hereafter become members of the body corporate hereby constituted pursuant to Act or of by-laws made thereunder shall be a body corporate by the name of the “Malaysian Chamber of Mines” (hereinafter referred to as “the Chamber”) and by the same name shall have perpetual succession and shall and may have and use a common seal with power to break, alter, and make new the said seal from time to time, as the Chamber may seem fit, and by the same name may sue and be sued in all courts and in all manner of actions and suits and may do all other matters and things incidental or appertaining to a body corporate. 6 Laws of Malaysia ACT 367 Acquisition and disposal of property 3. The Chamber or any person on its behalf shall be entitled to acquire by purchase, lease, sublease or any other method any immovable property for the purposes of accommodating the Chamber, its offices, officers and employees and either to acquire the same with buildings suitable for the purpose or to acquire the same and demolish any existing buildings thereon (if any) and erect others of a type suitable for the purposes of the Chamber and shall be entitled further to let or sublet any accommodation in such buildings not immediately required for the purposes of the Chamber and shall also be entitled to sell or lease such immovable property and if thought fit to acquire other immovable property in its place. OBJECTS Objects of the Chamber 4. The objects for which the Chamber is incorporated are: (a) to acquire and take over and carry on the said voluntary association at present known as the Malaysian Chamber of Mines together with all the movable and immovable property of every description vested in or belonging to the said association or any trustees on its behalf; (b) to protect and advance the general interests of the mining community in Malaysia, to collect, classify, and diffuse mining information, to consider all questions connected with the mining industry and promote public discussion thereon, to institute, whenever necessary, a Court of Arbitration for the purpose of adjusting disputes or differences connected with the mining industry that may be referred to its decision, to promote, support, or oppose any legislative or other measures affecting the mining industry in Malaysia, and to communicate and exchange information upon mining matters to and with mining associations in Malaysia and elsewhere; Malaysian Chamber of Mines Incorporation 7 (c) to solicit and receive subscriptions and gifts of all kinds, whether absolute or conditional, for the purposes of the Chamber; (d) generally to do all things necessary or expedient for the proper and effective carrying out of any of the objects aforesaid. Application of income 5. (i) The income of the Chamber shall be applied solely towards the promotion of the objects of the Chamber as set forth in this Act and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise howsoever by way of profit to any member of the Chamber; provided that nothing herein contained shall prevent the payment or repayment in good faith of remuneration or expenses to any officer or servant of the Chamber or to any member thereof in return for services actually rendered to the Chamber nor shall anything herein contained be deemed to prevent the Chamber from giving financial support to such charitable and other institutions and causes as may be thought proper. (ii) The funds of the Chamber may be placed on fixed deposit with any licensed commercial bank or finance company in Malaysia or invested from time to time in any manner in which at the time when the investment shall be made trustees shall be by law authorized to invest trust money except that none of the funds of the Chamber shall be applied in the acquisition of or investment upon the security of titles to or other interest in immovable property except as provided in Section 3 hereof. Membership 6. The members of the Chamber shall consist of: (a) President and Vice-President; (b) Ordinary members whether annual members or life members; 8 Laws of Malaysia ACT 367 (c) Visiting members and honorary members. Rights of members 7. The President, Vice-President, and ordinary, visiting, and honorary members shall have such respective rights of attending meetings of the Chamber and voting thereat and such other rights and privileges as may be prescribed by the by-laws of the Chamber in force for the time being. Ordinary members 8. (i) The ordinary members shall comprise any persons, other Chambers of Mines or similar associations, who are not honorary members, corporations or companies connected with the mining industry who or which may desire to join the Chamber and shall have been duly elected as ordinary members thereof in accordance with the by-laws of the Chamber in force for the time being. (ii) In the case of other Chambers of Mines or similar mining associations having the right to nominate one or more persons to be members of the Council of the Chamber then any person or persons so nominated shall be deemed to be ordinary members of the Chamber for the period during which he or they shall remain members of the Council as the nominees of such Chambers of Mines or similar associations. Visiting members and honorary members 9. The visiting members and honorary members shall comprise such persons as may have been admitted or elected as visiting members or honorary members, respectively, in accordance with the by-laws of the Chamber in force for the time being. Malaysian Chamber of Mines Incorporation 9 MANAGEMENT Council of management 10. The management of the Chamber shall be vested in a Council consisting of the President and such number of Vice-Presidents and ordinary members as shall be authorized by the by-laws of the Chamber in force for the time being. Election of officers 11. No ordinary member shall be eligible for election to the position of President, Vice-President or member of the Council whilst holding any salaried office under the Chamber. Powers of the Council 12. All the powers of the Chamber shall be vested in and be exercisable by the Council, except so far as the same are by this Act or by the by-laws of the Chamber in force for the time being expressly required to be exercised by the Chamber in general meeting. BY-LAWS By-laws 13. The by-laws set forth in the Schedule hereto shall be the by-laws of the Chamber, subject to any revocation or alteration thereof in manner hereinafter provided. Alteration of by-laws 14. The by-laws or any of them may from time to time be revoked, altered, or added to by the Chamber in general meeting, provided that due notice shall have been given to the members of the Chamber of the proposed revocation, alteration, or addition. 10 Laws of Malaysia ACT 367 Approval of Minister and publication in the Gazette 15. No by-law not contained in the Schedule hereto and no revocation, alteration, or addition of or to any by-law shall come into operation until the same shall have been approved by the Minister charged with responsibility for mining, and shall have been published in the Gazette. A certificate of such approval under the hand of the said Minister shall be conclusive evidence of such approval. _________________________________ Malaysian Chamber of Mines Incorporation 11 SCHEDULE BY-LAWS 1. These by-laws may be cited as the Malaysian Chamber of Mines By-Laws 1934. ELECTION OF ORDINARY MEMBERS 2. A candidate for admission to the Chamber as an ordinary member shall make an application in the following form: MALAYSIAN CHAMBER OF MINES APPLICATION FOR MEMBERSHIP I/We (name in full) ................................... of (description) ....................... desire to become a member of the Malaysian Chamber of Mines. I/We have read the by-laws of the Chamber and I/we now undertake to be subject to the said by-laws or any other by-laws which may be added to or substituted for the said by-laws, for so long as I/we continue to be a member/ members of the Chamber and to accept the ruling of the Council for the time being on all matters relating to the said by-laws and on all other matters in respect whereof power are, by the said by-laws, vested in the Council. In witness whereof I/we have hereunto set my hand/our hands this day ........ of............. 20....... . Signed by .......................................... in the presence of ...................................... Proposer ........................................... . Seconder .......................................... . A candidate must be proposed by one ordinary member and seconded by another, and his name, address, and designation together with the names of his proposer and seconder shall be entered in a book to be kept by the Chamber for that purpose. 3. The Secretary shall thereupon post on the notice board of the Chamber a notice of the candidature giving the name of the candidate and of his proposer and seconder. 4. One month after a candidate has been duly proposed and seconded he shall become eligible for election. 12 Laws of Malaysia ACT 367 5. The election of ordinary members shall be by show of hands and in accordance with by-law 33. Each member of the Council voting shall sign his name in a book kept for that purpose which shall be produced at each Council meeting. 6. On the election of a candidate the Secretary shall notify the fact to him and forward to him a copy of the by-laws with a bill for the amount of his subscription for the current year. The payment of such bill shall qualify such candidate as an ordinary member of the Chamber. 7. Should the candidate fail to pay such bill within one month from the date of his election, the election shall be void, but the council shall have power to re-elect such candidate upon satisfactory explanation by him of such failure. 8. No newly-elected ordinary member shall participate in any of the advantages or privileges of the Chamber or vote upon any question until he shall have paid his subscription. 9. A candidate who has been rejected shall not be again proposed until after an interval of six months, and a candidate who has been twice rejected shall not be proposed again. SUBSCRIPTION AND VOTING 10. (a) The rate of annual subscription for corporations and companies direct