LEMBAGA KEMAJUAN WILAYAH KEDAH ACT 1981

Lembaga Kemajuan Wilayah Kedah 1 LAWS OF MALAYSIA REPRINT Act 249 LEMBAGA KEMAJUAN WILAYAH KEDAH ACT 1981 As at 1 October 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 2 Act 249 Laws of Malaysia LEMBAGA KEMAJUAN WILAYAH KEDAH ACT 1981 Date of Royal Assent … … … 27 May 1981 Date of publication in the Gazette … … 28 May 1981 Latest amendment made by Act A1541 which came into operation on … … … … 15 November 2017 Previous Reprints First Reprint … … … 2001 Second Reprint … … 2006 … Lembaga Kemajuan Wilayah Kedah 3 LAWS OF MALAYSIA Act 249 LEMBAGA KEMAJUAN WILAYAH KEDAH ACT 1981 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title 2. Interpretation Part II THE LEMBAGA 3. The Lembaga 4. Functions of the Lembaga 5. Membership of the Lembaga 5a. Alternate member 6. Public Authorities Protection Act 1948 7. Public servants 8. Power of the Minister to give directions 9. The Kawasan Lembaga Kemajuan Wilayah Kedah 10. Additional functions of the Lembaga 11. Returns, reports, accounts and information Part III CHAIRMAN, OFFICERS, SERVANTS AND DIVISIONS 12. The Chairman 13. General Manager and his Deputies 14. Organization of the Lembaga into Divisions 15. Appointment of other officers and servants 16. Regulations governing conditions of service of officers and servants 16a. Statutory Bodies (Discipline and Surcharge) Act 2000 16b–16h. (Deleted) 4 Laws of Malaysia Act 249 Part IV FINANCE Section 17. Establishment of the Fund 19. Reserve fund 18. 20. 21. 22. Balancing of revenue account Expenditure to be charged on the Fund Expenditure and preparation of estimates Statutory Bodies (Accounts and Annual Reports) Act 1980 Part V OTHER POWERS OF THE LEMBAGA 23. Delegation of powers of Lembaga 25. Investment 24. 26. 27. 28. 28a. 29. Power to borrow Power to employ agents Power to grant loans Power to establish corporations Power to establish committees Compulsory acquisition of land Part VI GENERAL 30. (Deleted) 32. Power to make regulations 31. 32a. 33. 34–35. Obligation of secrecy Power to amend Schedules Things done in anticipation of this Act (Deleted) First Schedule Second Schedule Third Schedule Lembaga Kemajuan Wilayah Kedah 5 LAWS OF MALAYSIA Act 249 LEMBAGA KEMAJUAN WILAYAH KEDAH ACT 1981 An Act to incorporate the Lembaga Kemajuan Wilayah Kedah and to provide for matters connected therewith. [29 May 1981] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Part I PRELIMINARY Short title 1. This Act may be cited as the Lembaga Kemajuan Wilayah Kedah Act 1981. Interpretation 2. In this Act, unless the context otherwise requires— “accounting officer” includes every officer and servant who is charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any money of the Fund, or who is charged with the duty of disbursing, or who does in fact disburse, any such money, and every officer and servant who is charged with the receipt, custody or disposal of, or the accounting for, any store and property of the Lembaga or who in fact receives, holds or disposes of such store and property; “Chairman” means the Chairman of the Lembaga appointed under section 5; 6 Laws of Malaysia Act 249 “company” has the same meaning as that assigned to “corporation” under subsection 4(1) of the *Companies Act 1965 [Act 125]; “corporation” means a corporation established under section 28; “Deputy Chairman” means the Deputy Chairman of the Lembaga appointed under section 5; “Deputy General Manager” means a Deputy General Manager appointed under subsection 13(6); “Division” means a Division set up under section 14; “Fund” means the fund established under section 17; “General Manager” means the General Manager appointed under subsection 13(1); “Kawasan Lembaga Kemajuan Wilayah Kedah” means any area determined by the Minister in accordance with section 9; “Lembaga” means the Lembaga Kemajuan Wilayah Kedah established under section 3; “Minister” means the Minister charged with the responsibility for rural and regional development; “the State” means the State of Kedah. Part II THE LEMBAGA The Lembaga 3. A body corporate by the name of “Lembaga Kemajuan Wilayah Kedah” is established with perpetual succession and a common seal, which may sue and be sued in its name and, subject to and for the purposes of this Act, may enter into contracts and may *NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016 [Act 777] w.e.f. 31 January 2017–see subsection 620(1) of Act 777. Lembaga Kemajuan Wilayah Kedah 7 acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Lembaga, upon such terms as it deems fit. Functions of the Lembaga 4. (1) The functions of the Lembaga shall be— (a) to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Lembaga Kemajuan Wilayah Kedah; (b) to promote, stimulate, facilitate and undertake residential, agricultural, industrial and commercial development in the Kawasan Lembaga Kemajuan Wilayah Kedah; and (c) to control and co-ordinate the performance of the aforesaid activities in the Kawasan Lembaga Kemajuan Wilayah Kedah. (2) The Lembaga shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions, and in particular, but without prejudice to the generality of the foregoing— (a) to carry on all activities, particularly commercial and industrial activities, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its said functions, including the manufacturing, assembling, processing, packing, grading and marketing of products, research and training; (b) to initiate preliminary studies of possible development and redevelopment areas and make preliminary plans outlining development or redevelopment activities and preliminary surveys to determine if the undertaking and carrying out of development or redevelopment projects are feasible; 8 Laws of Malaysia Act 249 (c) to co-operate with or act as agent or managing agent of, or otherwise act in association with or on behalf of, the Government of the Federation or of the State, any public authority, any company, any corporation, any body or any person; (d) to promote and co-ordinate the carrying on of such activities by the Government of the Federation or of the State, any public authority, any company, any corporation, or any other body or person; (e) to establish or expand, or promote the establishment or expansion, of companies, corporations or other bodies to carry on any such activities either under the control or partial control of the Lembaga or independently; (f) to give assistance to any public authority, company, corporation or other body or person appearing to the Lembaga to have facilities for the carrying on of any such activities, including financial assistance by the taking up of share or loan capital or by loan or otherwise; (g) to purchase, underwrite or otherwise acquire any stock and shares in any public or private company, and to dispose of the same on such terms and conditions as the Lembaga may determine; (h) t o r e q u i r e d e p a r t m e n t s a n d g o v e r n m e n t a l a n d non-governmental agencies engaged in carrying out or intending to carry out development in the Kawasan Lembaga Kemajuan Wilayah Kedah to submit reports regarding their activities or proposed activities containing such particulars and information as may be specified by the Lembaga; (i) to appoint agents or establish such other bodies as it may deems fit for the purpose of performing its functions; (j) to impose fees or any other charges it deems fit for giving effect to any of its powers or functions; (k) to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon; (l) to regulate development in the Kawasan Lembaga Kemajuan Wilayah Kedah; and Lembaga Kemajuan Wilayah Kedah 9 (m) to do such other things as it deems fit for the effective carrying out of its functions and powers. (3) Subject to section 8, it shall be the responsibility of the Lembaga in performing its functions under this Act to ensure that the functions are performed in such manner as shall be in furtherance of the policy of the Government for the time being in force and in particular the policy relating to the restructuring of society. (4) Notwithstanding subsections (1), (2) and (3), the Lembaga shall, before performing any of its functions, first consult the State Government in all matters involving development planning. Membership of the Lembaga 5. (1) The Lembaga shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a Deputy Chairman; (c) a representative of the Ministry charged with the responsibility for rural and regional development; (d) a representative of the Treasury from the Ministry of Finance; (e) a representative of the Economic Planning Unit, Prime Minister’s Department; (f) three representatives of the State Government; (g) four persons who, in the Minister’s opinion, are suitable and able to contribute in performing the function and role of the Lembaga; and (h) the General Manager. (2) Subject to subsection (3), the First Schedule shall apply to the members of the Lembaga. 10 Laws of Malaysia Act 249 (3) Paragraphs 1, 2 and 3 of the First Schedule shall not apply to the General Manager. (4) (Deleted by Act A1541). (5) Whenever the office of General Manager is vacant, subsection (1) shall be read as if paragraph (h) had been deleted. Alternate member 5a. (1) The Minister may, in respect of each member appointed under paragraph 5(1)(c), (d) or (e), appoint a person to be an alternate member to attend, as an alternate to such member, meetings of the Lembaga when such member is unable to attend for any reasons. (2) For the purpose of subsection (1), an alternate member shall be named by the member appointed under paragraph 5(1)(c), (d) or (e), with the approval of the Minister. (3) An alternate member who attends the meetings of the Lembaga shall, for all purposes, be deemed to be a member of the Lembaga. (4) An alternate member shall, unless he sooner resigns his office or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Lembaga. Public Authorities Protection Act 1948 6. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Lembaga or against any member, officer, servant or agent of the Lembaga in respect of any act, neglect or default done or committed by him in such capacity. Public servants 7. All members, officers and servants of the Lembaga, while discharging their duties as such members, officers and servants, shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Lembaga Kemajuan Wilayah Kedah 11 Power of the Minister to give directions 8. (1) The Lembaga shall be responsible to the Minister, and the Minister may from time to time give directions not inconsistent with the provisions of this Act and the Lembaga shall, as soon as possible, give effect to all such directions. (2) Without prejudice to the generality of subsection (1), and subject to consultation with the Lembaga, the power of the Minister to give directions shall ext