KAMPONG BHARU DEVELOPMENT CORPORATION ACT 2011

Kampong Bharu Development Corporation laws OF MALAYSIA Act 733 kampong bharu development corporation act 2011 1 2 Laws of Malaysia Date of Royal Assent Act 733 ... ... 25 December 2011 Date of publication in the Gazette ... ... ... 30 December 2011 Publisher’s Copyright C percetakan nasional malaysia berhad All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Kampong Bharu Development Corporation laws of malaysia Act 733 KAMPONG BHARU DEVELOPMENT CORPORATION Act 2011 ARRANGEMENT OF sections Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II THE CORPORATION 3. Establishment of Corporation 5. Membership of Corporation 7. Tenure of office 4. Common seal 6. 8. 9. 10. 11. First Schedule Remuneration and allowances Revocation of appointment and resignation Vacation of office Temporary exercise of functions of Chairman 12. Committees 13. Disclosure of interest Part III FUNCTIONS AND POWERS OF THE CORPORATION 14. Functions of Corporation 16. Delegation of Corporation’s functions and powers 15. 17. 18. Powers of Corporation Direction by Minister Returns, reports, accounts and information 3 4 Laws of Malaysia Act 733 Part IV the ADVISORY COUNCIL Section 19. Advisory Council 21. Tenure of office 20. 22. 23. 24. 25. 26. Members of Advisory Council Revocation of appointment and resignation Temporary exercise of functions of Chairman Vacation of office and filling of vacancy Disclosure of interest Allowances Part V EMPLOYEES OF THE CORPORATION 27. Chief Executive Officer 28. 29. Temporary exercise of functions of Chief Executive Officer Appointment of employees of Corporation 30. Conditions of service 31. 32. Loans, scholarships and advances Payment of retirement benefits, etc. 33. Surcharge 34. Corporation may adopt regulations, etc. Part VI FINANCE 35. 36. The Fund Expenditure to be charged on the Fund 37. Conservation of the Fund 38. Reserve fund 40. Bank accounts 39. 41. Expenditure and preparation of estimates Power to borrow 42. Investment Kampong Bharu Development Corporation Section 43. Payment to the Federal Consolidated Fund 45. Financial procedure 44. 46. 47. Limitation on contracts Financial year Accounts and reports 48. Statutory Bodies (Accounts and Annual Reports) Act 1980 Part VII GENERAL 49. Prosecution 51. Public Authorities Protection Act 1948 50. 52. 53. 54. 55. Public servant Obligation of secrecy Representation in civil proceedings Power to establish companies Power to make regulations First Schedule Second Schedule 5 6 Laws of Malaysia Act 733 7 Kampong Bharu Development Corporation laws of malaysia Act 733 KAMPONG BHARU DEVELOPMENT CORPORATION Act 2011 An Act to establish the Kampong Bharu Development Corporation, to make provisions relating to the development of Kampong Bharu, and to provide for consequential and incidental matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Kampong Bharu Development Corporation Act 2011. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “committee” means any committee established by the Corporation under section 12; 8 Laws of Malaysia Act 733 “Kampong Bharu development area” means any area within the vicinity of Kampong Bharu declared by the Minister by order published in the Gazette to be developed; “interest of the Malays” includes the social and economic interests, and the heritage, customs, culture and historical values, of the Malays in Kampong Bharu; “Chief Executive Officer” means the Chief Executive Officer appointed under section 27; “Fund” means the Kampong Bharu Development Corporation Fund established under section 35; “Advisory Council” means the Advisory Council established under section 19; “Minister” means the Minister charged with the responsibility for the development of Kampong Bharu; “employee” means any person employed by the Corporation under section 29, and includes the Chief Executive Officer; “structure plan” has the same meaning assigned to it in the Federal Territory (Planning) Act 1982 [Act 267]; “local plan” has the same meaning assigned to it in the Federal Territory (Planning) Act 1982; “Corporation” means the Kampong Bharu Development Corporation established under section 3; “appointed date” means the date appointed by the Minister under subsection 1(2). Part II THE CORPORATION Establishment of Corporation 3. (1) A body corporate by the name of “Kampong Bharu Development Corporation” is established. Kampong Bharu Development Corporation 9 (2) The Corporation shall have perpetual succession and may sue and be sued in its corporate name. (3) Subject to and for the purposes of this Act, the Corporation may, upon such terms as it deems fit— (a) enter into contracts; and (b) in respect of movable and immovable property and interest in movable and immovable property of every description— (i) acquire, purchase and take such property and interest; and (ii) hold, enjoy, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, such property and interest vested in the Corporation. Common seal 4. (1) The Corporation shall have a common seal which shall bear a device as approved by the Corporation and the seal may from time to time be broken, changed, altered and made anew as the Corporation thinks fit. (2) Until a seal is provided by the Corporation, a stamp bearing the words “Kampong Bharu Development Corporation” may be used and shall be deemed to be its common seal. (3) The common seal shall be kept in the custody of the Chairman or such other person as may be authorized by the Corporation, and shall be authenticated by either the Chairman or such person as may be authorized by the Chairman in writing. (4) All deeds, documents, and other instruments purporting to be sealed with the common seal of the Perbadanan and duly authenticated shall, until the contrary is proven, be deemed to have been validly executed. (5) Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Corporation or any employee of the Corporation authorized in that behalf. 10 Laws of Malaysia Act 733 (6) The common seal of the Corporation shall be officially and judicially noticed. Membership of Corporation 5. (1) The Corporation shall consist of the following members: (a) the Chairman, who shall be appointed by the Minister subject to the approval of the Prime Minister; (b) the Deputy Chairman, who shall be appointed by the Minister from amongst the owners of the land and the heirs to the land in Kampong Bharu; (c) not more than two representatives of the Federal Government who shall be appointed by the Minister; (d) the Secretary General of the Ministry of the Federal Territories and Urban Wellbeing or his representative; (e) the Commissioner of the City of Kuala Lumpur or his representative; (f) a person representing the State Government of Selangor, to be nominated by the Ruler of the State of Selangor, and who shall be appointed by the Minister; (g) five persons nominated from amongst the owners of the land and the heirs to the land in Kampong Bharu, who shall be appointed by the Minister; and (h) not more than three other persons who shall be appointed by the Minister who, in the opinion of the Minister, have knowledge and experience and shown capacity and professionalism in matters relating to the development, operation and management of the affairs of Kampong Bharu or any other suitable qualifications as the Minister may determine. (2) The Chairman and the Deputy Chairman appointed under paragraphs (1)(a) and (b) shall be a Malay within the meaning assigned to it under Clause (2) of Article 160 of the Federal Constitution. (3) The Chief Executive Officer of the Corporation shall be the Secretary to the Corporation. Kampong Bharu Development Corporation 11 First Schedule 6. (1) The provisions of the First Schedule shall apply to the members of the Corporation. (2) The Minister may amend the First Schedule by order published in the Gazette. Tenure of office 7. Subject to such conditions as may be specified in his instrument of appointment, a member of the Corporation appointed under paragraph 5(1)(a), (b), (c), (f), (g) or (h) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and is eligible for reappointment. Remuneration and allowances 8. (1) The Chairman shall be paid such remuneration and allowances as the Minister may determine. (2) All other members of the Corporation shall be paid such allowances at the rates as the Minister may determine. Revocation of appointment and resignation 9. (1) The appointment of any member of the Corporation under paragraph 5(1)(a), (b), (c), (f), (g) or (h) may at any time be revoked by the Minister. (2) Any member of the Corporation appointed under paragraph 5(1)(a), (b), (c), (f), (g) or (h) may resign from office by giving notice in writing to the Minister. Vacation of office 10. The office of a member of the Corporation shall be vacated— (a) if he dies; 12 Laws of Malaysia Act 733 (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; or (ii) an offence under any law relating to corruption; (c) if he becomes a bankrupt; (d) if he is of unsound mind or is otherwise incapable of discharging his duties; (e) in the case of a member of the Corporation other than the Chairman, if he absents himself from three consecutive meetings of the Corporation without leave in writing of the Chairman; (f) in the case of the Chairman, if he absents himself from three consecutive meetings of the Corporation without leave in writing of the Minister; (g) if his appointment is revoked by the Minister under subsection 9(1); or (h) if his resignation under subsection 9(2) is accepted by the Minister. Temporary exercise of functions of Chairman 11. The Minister may appoint temporarily any member of the Corporation to act as the Chairman for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to perform the duties of his office. Committees 12. (1) The Corporation may establish any committee as it considers necessary or expedient to assist it in the performance of its functions. Kampong Bharu Development Corporation 13 (2) The Corporation may appoint any of its members to be the chairman of a committee. (3) The Corporation may appoint any person to be a member of a committee. (4) A member of a committee shall hold office on such conditions and for such term as may be specified in his letter of appointment and is eligible for reappointment. (5) The Corporation may revoke the appointment of any member of a committee. (6) The chairman of a committee may, at any time, resign his office by giving notice in writing to the Corporation. (7) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee. (8) The Corporation may, at any time, discontinue or alter the constitution of a committee. (9) A committee may regulate its own procedure. (10) A committee shall be subject to, and act in accordance with, any direction given to it by the Corpo