LEMBAGA KEMAJUAN WILAYAH PULAU PINANG ACT 1983

1 LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 282 LEMBAGA KEMAJUAN WILAYAH PULAU PINANG ACT 1983 As at 1 February 2013 2 LEMBAGA KEMAJUAN WILAYAH PULAU PINANG ACT 1983 … … … 9 March 1983 Date of Royal Assent Date of publication in the Gazette... ... … 10March 1983 Latest amendment made by Act A970 which came into operation … … … 27 September 1996 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 282 LEMBAGA KEMAJUAN WILAYAH PULAU PINANG ACT 1983 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 6. Alternate members 7. Public Authorities Protection Act 1948 8. Public servants 9. Power of Minister to give directions 10. The Kawasan Lembaga Kemajuan Wilayah Pulau Pinang 11. Additional functions of the Lembaga 12. Returns, reports, accounts and information 4 Laws of Malaysia ACT 282 PART III CHAIRMAN, OFFICERS, SERVANTS, DIVISIONS Section 13. The Chairman 14. General Manager and his Deputies 15. Organization of the Lembaga into Divisions 16. Appointment of other officers and servants 17. Regulations governing conditions of service of officers and servants 17A. Disciplinary committees 17B. Appeal against decision of disciplinary committee 17C. Power to make disciplinary regulations 17D. Imposition of surcharge 17E. Notification of surcharge 17F. Withdrawal of surcharge 17G. Recovery of surcharge 17H. Composition of the Lembaga in special cases PART IV FINANCE 18. Establishment of the Fund 19. Balancing of revenue account 20. Reserve fund 21. Expenses to be charged on the Fund 22. Expenditure and preparation of estimates 23. Statutory Bodies (Accounts and Annual Reports) Act 1980 Lembaga Kemajuan Wilayah Pulau Pinang PART V OTHER POWERS OF THE LEMBAGA Section 24. Delegation of powers of the Lembaga 25. Power to borrow 26. Investment 27. Power to employ agents 28. Power to grant loans 29. Power to establish corporations 30. Compulsory acquisition of land PART VI GENERAL 31. (Deleted) 32. Obligation of secrecy 33. Power to make regulations 34. Things done in anticipation of this Act FIRST SCHEDULE SECOND SCHEDULE 5 7 LAWS OF MALAYSIA Act 282 LEMBAGA KEMAJUAN WILAYAH PULAU PINANG ACT 1983 An Act to incorporate the Lembaga Kemajuan Wilayah Pulau Pinang and to provide for matters connected therewith. [1 June 1983, P.U. (B) 252/1983] 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 Pulau Pinang Act 1983. 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, 8 Laws of Malaysia ACT 282 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 and includes the Deputy Chairman when performing the duties of the Chairman under subsection 13(2) and any member of the Lembaga when presiding at any of its meetings; “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 29; “Deputy Chairman” means the Deputy Chairman of the Lembaga appointed under section 5; “Deputy General Manager” means a Deputy General Manager appointed under subsection 14(6); “Division” means a Division set up under section 15; “Fund” means the fund established under section 18; “General Manager” means the General Manager appointed under subsection 14(1) and includes a Deputy General Manager directed to perform the duties of the General Manager under subsection 14(7); “Kawasan Lembaga Kemajuan Wilayah Pulau Pinang” means the area or areas determined by the Minister in accordance with section 10 to be the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang; “Lembaga” means the Lembaga Kemajuan Wilayah Pulau Pinang established under section 3; “the State” means the State of Penang. Lembaga Kemajuan Wilayah Pulau Pinang 9 PART II THE LEMBAGA Lembaga 3. There is hereby established a body corporate by the name“Lembaga Kemajuan Wilayah Pulau Pinang” 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 enterinto contracts and may 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 economicand social development in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang; (b) to promote, stimulate, facilitate and undertake residential, agricultural, industrial and commercial development in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang; and (c) to control and co-ordinate the performance of the aforesaid activities in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang. (2) The Lembaga shall have power to do all things expedient or reasonably necessary for, or incidental to, the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing— 10 Laws of Malaysia ACT 282 (a) to carry on all activities, particularly commercial and industrial activities and activities of research and training, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its said functions, including the manufacturing, assembling, processing, packing, grading and marketing of products; (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; (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 or any other body or 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) with the approval of the Minister and the concurrence of the Minister of Finance, 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, with the approval of the Minister and the concurrence of the Minister of Finance, financial assistance by the taking up of share or loan capital or by loan or otherwise; Lembaga Kemajuan Wilayah Pulau Pinang 11 (g) with the approval of the Minister and the concurrence of the Minister of Finance, 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, with the approval of the Minister and the concurrence of the Minister of Finance, determine; (h)to require departments and government al and nongovernmental agencies engaged in carrying out or intending to carry out development in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang 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 deem fit for the purpose of carrying out 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 renderedby it, such commission or payment as may be agreed upon; (l) to regulate development in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang; and (m) to do such other things as it deems fit for the effective carrying out of its functions and powers. (3) Subject to section 9, it shall be the responsibility of the Lembaga in discharging its functions under this Act to ensure that the functions shall be 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. 12 Laws of Malaysia ACT 282 (4) Notwithstanding subsections (1), (2) and (3), the Lembaga shall, before discharging any of its functions involving development planning, first consult the State Government. Membership of the Lembaga 5. (1) The Lembaga shall consist of the following members who, with the exception of the General Manager, shall be appointed by the Minister: (a) a Chairman; (b) a Deputy Chairman; (c) three representatives of the Federal Government; (d) three representatives of the State Government; (e) three persons of relevant professional standing; and (f) the General Manager. (2) The provisions of the First Schedule shall apply to the Lembaga. (3) Whenever the office of General Manager is vacant, subsection (1) shall be read as if paragraph (f) had been deleted. Alternate members 6. (1) The Minister may, in respect of each member of the Lembaga appointed under paragraphs 5(1)(c) and (1)(d), appoint one person to be an alternate member to attend, in place of the member, meetings of the Lembaga that the member is for any reason unable to attend. (2) When attending meetings of the Lembaga, an alternate member shall for all purposes be deemed to be a member of the Lembaga. Lembaga Kemajuan Wilayah Pulau Pinang 13 (3) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate ceases to be a member of the Lembaga. (4) The provisions of paragraphs 1 and 2 of the First Schedule shall also apply in respect of an alternate member in addition to the other provisions of the First Schedule which are applicable to him when attending meetings of the Lembaga. Public Authorities Protection Act 1948 7. 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 8. 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]. Power of Minister to give directions 9. (1) The Lembaga shall be responsible to the Minister, and the Minister may from time to time give directions not inconsistent with th