I will be back to the Selangor State Legislative Assembly meeting scheduled to be held from 19th to 22nd November, 2007 after being suspended for 30 months, a world record, for which 18 months was without any allowance.
Well, the Menteri Besar and his Barisan Nasional could prevent me from attending the meeting but they were unable to stop me from raising issues in Selangor during the suspension.
To 'commemorate' my return to the assembly, I have put up a notice of motion that I will move a private members bill named "Declaration of Family Income and Asset bill 2007"("the Sunshine Bill") to make it mandatory for all Selangor senators, members of Parliament, Exco members, State Assemblymen/Assemblywomen and local councilors to declare their joint annual incomes and assets. All declaration will be published in the Gazette to ensure transparency and the people will know how rich or how poor their leaders are. Those who fail to comply with the enactment will be fined or imprisoned.
This will be a historic event as this bill is the first of its kind that has ever been tabled in any of the legislative assemblies, or Parliament, in this country.
Please peruse the Bill and give me your comment:-
"DECLARATION OF FAMILY INCOME AND ASSET BILL 2007
A BILL
intituled
An Enactment to make it mandatory for the Menteri Besar, Members of the Executive Council of Selangor, Members of the Selangor Legislative Assembly and Members of Local Governments in Selangor to declare family incomes and assets annually and other matters related thereto.
[ ]
IT IS HEREBY ENACTED by the Legislature of the State of Selangor as follows:-
Part I
PRELIMINARY
Short title and commencement
1.(1) This Enactment may be cited as the Declaration of Family Income and Asset Enactment 2007.
(2) This Enactment shall come into operation on a dated to be appointed by His Royal Highness the Sultan by notification in the Gazette.
(3) His Royal Highness the Sultan may appoint different dates for the coming into operation of different parts of this Enactment.
Interpretation
2. (1) In this Enactment, unless the context otherwise requires:-
“councilor” means a person elected or appointed by virtue of the provisions of the Local Government Act 1976 into the local authority by the State Authority;
“elected representative” means a Member of the Dewan Negara elected by the Legislative Assembly of Selangor or a Member of Dewan Rakyat elected in the State of Selangor or a Member of the Legislative Assembly of Selangor including the Speaker and the Deputy Speaker;
“Exco Member” means a Member of the Executive Council of the State of Selangor including an ex-officio member and the Menteri Besar;
“income” means gains or profits from a business or an employment, dividends, interest, discount, rents, royalties, premium, pension, annuities, or other periodical payments;
“Menteri Besar” means the Menteri Besar of the State of Selangor;
“asset” means immovable property owned by way of registered proprietorship or beneficial ownership whether or not under an instrument of trust and movable property of any nature or in any form whatsoever;
“spouse” means a legitimate husband or wife with whom the marriage is solemnized under the Islamic Family (State of Selangor) Enactment 2003 or the Law Reform (Marriage and Divorce) Act 1976;
“State Government” means the Government of the State of Selangor.
Part II
DECLARATION OF FAMILY INCOME AND ASSET
Persons required to submit declaration of income and asset
3. (1) Any person elected or appointed as an Exco Member, elected representative or councilor and his or her spouse shall declare the joint income and asset for the previous year as at the 31st day of December on or before the 30th day of June every year.
(2) Notwithstanding subsection (1), the Menteri Besar shall have the discretion to extend the date of submission of the declaration of joint income and asset upon application by any person under subsection (1) for an accumulative period of not more than three months from the 30th day of June every year.
(2) Notwithstanding subsection (1), the joint income and asset in the first declaration after the person being elected or appointed as an Exco Member, elected representative or councilor shall only be limited to the joint income and asset from the first day of such election or appointment and the joint income and asset in the last declaration after the person ceases to be an Exco Member, elected representative or councilor shall only be limited to the joint income and asset on the last day of the tenure.
(3) The declaration of joint income and asset shall be made in the forms to be stipulated by the State Government.
(4) The State Government shall within one month from the date of the declaration of joint income and asset by an Exco Member, elected representative or councilor publish the declaration in the Gazette.
Part III
PENALTY
Penalty for breach
4. (1) Any person, or his or her spouse, who has made fraudulent declaration of joint income and asset as required by section 3(1) of this Enactment shall be liable to imprisonment for a term not less than one year and a day but not more than five years and shall also be liable to a fine of not less than three thousand ringgit and not more that fifty thousand ringgit.
(2) Any person, or his or her spouse, who has omitted material particulars in the declaration of joint income and asset as required by section 3(1) of this Enactment shall be liable to imprisonment for a term which may extend to one year and shall also be liable to a fine not more than two thousand ringgit.
(3) Any person, or his or her spouse, who has failed to submit the declaration of joint income and asset on the date as stipulated by section 3(1) of this Enactment, unless extension has been granted by the Menteri Besar, shall be liable to imprisonment for a term which may extend to one year and shall also be liable to a fine of not more than two thousand and ringgit and upon subsequent conviction shall be liable to imprisonment for a term not less than one year and a day and not more than five years and shall also be liable to a fine of not less that two thousand ringgit and not more than fifty thousand ringgit.
Part IV
GENERAL
Power to make rules
5. His Royal Highness, on the advice of the Menteri Besar, may, by notification in the Gazette make rules and provide forms of the declaration for the purpose of implementing this Enactment.
EXPLANATORY STATEMENT
This Bill seeks to make it mandatory for the Menteri Besar, Members of the Executive Council of Selangor, Members of the Selangor Legislative Assembly and Members of Local Governments in Selangor to declare their family incomes and assets annually and other matters related thereto.
Clause 3 provides for mandatory annual declaration of income and asset and the requirement of publishing such declaration in the Gazette.
Clause 4 provides for penalties for contravention of the various provisions of this Enactment.
Clause 5 provides for the power to make rules and provide forms of declaration for the purpose of implementing this Enactment.
FINANCIAL IMPLICATIONS
This Bill will not involve the Government in extra financial expenditure.
SHAH ALAM
DATED :
[P.U. Sel ]
DATO ZAUYAH BE BINTI LOTH KHAN
State Legal Adviser
Selangor
A BILL
intituled
An Enactment to make it mandatory for the Menteri Besar, Members of the Executive Council of Selangor, Members of the Selangor Legislative Assembly and Members of Local Governments in Selangor to declare family incomes and assets annually and other matters related thereto.
[ ]
IT IS HEREBY ENACTED by the Legislature of the State of Selangor as follows:-
Part I
PRELIMINARY
Short title and commencement
1.(1) This Enactment may be cited as the Declaration of Family Income and Asset Enactment 2007.
(2) This Enactment shall come into operation on a dated to be appointed by His Royal Highness the Sultan by notification in the Gazette.
(3) His Royal Highness the Sultan may appoint different dates for the coming into operation of different parts of this Enactment.
Interpretation
2. (1) In this Enactment, unless the context otherwise requires:-
“councilor” means a person elected or appointed by virtue of the provisions of the Local Government Act 1976 into the local authority by the State Authority;
“elected representative” means a Member of the Dewan Negara elected by the Legislative Assembly of Selangor or a Member of Dewan Rakyat elected in the State of Selangor or a Member of the Legislative Assembly of Selangor including the Speaker and the Deputy Speaker;
“Exco Member” means a Member of the Executive Council of the State of Selangor including an ex-officio member and the Menteri Besar;
“income” means gains or profits from a business or an employment, dividends, interest, discount, rents, royalties, premium, pension, annuities, or other periodical payments;
“Menteri Besar” means the Menteri Besar of the State of Selangor;
“asset” means immovable property owned by way of registered proprietorship or beneficial ownership whether or not under an instrument of trust and movable property of any nature or in any form whatsoever;
“spouse” means a legitimate husband or wife with whom the marriage is solemnized under the Islamic Family (State of Selangor) Enactment 2003 or the Law Reform (Marriage and Divorce) Act 1976;
“State Government” means the Government of the State of Selangor.
Part II
DECLARATION OF FAMILY INCOME AND ASSET
Persons required to submit declaration of income and asset
3. (1) Any person elected or appointed as an Exco Member, elected representative or councilor and his or her spouse shall declare the joint income and asset for the previous year as at the 31st day of December on or before the 30th day of June every year.
(2) Notwithstanding subsection (1), the Menteri Besar shall have the discretion to extend the date of submission of the declaration of joint income and asset upon application by any person under subsection (1) for an accumulative period of not more than three months from the 30th day of June every year.
(2) Notwithstanding subsection (1), the joint income and asset in the first declaration after the person being elected or appointed as an Exco Member, elected representative or councilor shall only be limited to the joint income and asset from the first day of such election or appointment and the joint income and asset in the last declaration after the person ceases to be an Exco Member, elected representative or councilor shall only be limited to the joint income and asset on the last day of the tenure.
(3) The declaration of joint income and asset shall be made in the forms to be stipulated by the State Government.
(4) The State Government shall within one month from the date of the declaration of joint income and asset by an Exco Member, elected representative or councilor publish the declaration in the Gazette.
Part III
PENALTY
Penalty for breach
4. (1) Any person, or his or her spouse, who has made fraudulent declaration of joint income and asset as required by section 3(1) of this Enactment shall be liable to imprisonment for a term not less than one year and a day but not more than five years and shall also be liable to a fine of not less than three thousand ringgit and not more that fifty thousand ringgit.
(2) Any person, or his or her spouse, who has omitted material particulars in the declaration of joint income and asset as required by section 3(1) of this Enactment shall be liable to imprisonment for a term which may extend to one year and shall also be liable to a fine not more than two thousand ringgit.
(3) Any person, or his or her spouse, who has failed to submit the declaration of joint income and asset on the date as stipulated by section 3(1) of this Enactment, unless extension has been granted by the Menteri Besar, shall be liable to imprisonment for a term which may extend to one year and shall also be liable to a fine of not more than two thousand and ringgit and upon subsequent conviction shall be liable to imprisonment for a term not less than one year and a day and not more than five years and shall also be liable to a fine of not less that two thousand ringgit and not more than fifty thousand ringgit.
Part IV
GENERAL
Power to make rules
5. His Royal Highness, on the advice of the Menteri Besar, may, by notification in the Gazette make rules and provide forms of the declaration for the purpose of implementing this Enactment.
EXPLANATORY STATEMENT
This Bill seeks to make it mandatory for the Menteri Besar, Members of the Executive Council of Selangor, Members of the Selangor Legislative Assembly and Members of Local Governments in Selangor to declare their family incomes and assets annually and other matters related thereto.
Clause 3 provides for mandatory annual declaration of income and asset and the requirement of publishing such declaration in the Gazette.
Clause 4 provides for penalties for contravention of the various provisions of this Enactment.
Clause 5 provides for the power to make rules and provide forms of declaration for the purpose of implementing this Enactment.
FINANCIAL IMPLICATIONS
This Bill will not involve the Government in extra financial expenditure.
SHAH ALAM
DATED :
[P.U. Sel ]
DATO ZAUYAH BE BINTI LOTH KHAN
State Legal Adviser
Selangor
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