LEMBAGA PEMBANGUNAN LANGKAWI ACT 1990

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 423 LEMBAGA PEMBANGUNAN LANGKAWI ACT 1990 As at 1 January 2013 2 LEMBAGA PEMBANGUNAN LANGKAWI ACT 1990 Date of Royal Assent ... ... ... ... … ... 8 February 1990 Date of publication in the Gazette ... … ... 22 February 1990 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2001 Second Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 423 LEMBAGA PEMBANGUNAN LANGKAWI ACT 1990 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE LEMBAGA 3. The Lembaga 4. Functions of the Lembaga 5. Membership of the Lembaga 6. Public Authorities Protection Act 1948 7. Public servants 8. Power of Minister to give directions 9. The Kawasan Lembaga Pembangunan Langkawi 10. Returns, reports, accounts and information PART III CHAIRMAN, OFFICERS, SERVANTS 11. The Chairman Lembaga Pembangunan Langkawi Section 12. The General Manager 13. Appointment of officers and servants of the Lembaga 14. Regulations with respect to conditions of service 15. Regulations with respect to discipline PART IV FINANCE 16. The Fund 17. Conservation of Fund 18. Reserve fund 19. Expenditure to be charged on the Fund 20. Expenditure and preparation of estimates 21. Statutory Bodies (Accounts and Annual Report) Act 1980 PART V OTHER POWERS OF THE LEMBAGA 22. Delegation of functions, powers or duties of the Lembaga 23. Power to borrow 24. Investment 25. Power to employ 26. Power to grant loans 27. Power to establish corporations 28. Compulsory acquisition of land PART VI GENERAL 29. (Deleted) 30. Obligation of secrecy 31. Power to make regulations 5 Lembaga Pembangunan Langkawi Section 32. Things done in anticipation of the enactment of this Act 33. Period of operation 34. Dissolution of the Lembaga FIRST SCHEDULE SECOND SCHEDULE 5 7 LAWS OF MALAYSIA Act 423 LEMBAGA PEMBANGUNAN LANGKAWI ACT 1990 An Act to incorporate the Lembaga Pembangunan Langkawi and to provide for matters connected therewith. [15 March 1990, P.U. (B) 165/1990] 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 and commencement 1. This Act may be cited as the Lembaga Pembangunan Langkawi Act 1990 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint. Interpretation 2. In this Act, unless the context otherwise requires— “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 27; “Fund” means the fund established under section 16; 8 Laws of Malaysia ACT 423 “General Manager” means the General Manager appointed under subsection 12(1) and includes any officer directed under subsection 12(5) to perform the duties of the General Manager; “Joint Chairman” means a Joint Chairman of the Lembaga appointed under section 5; “Kawasan Lembaga Pembangunan Langkawi” means the area or areas determined by the Minister in accordance with section 9; “Lembaga” means the established under section 3; Lembaga Pembangunan Langkawi “Menteri Besar” means the Menteri Besar of Kedah; “Minister” means the Minister of Finance; “State” means the State of Kedah. (2) References to the “Chairman” in this Act shall be construed, unless the context otherwise requires, as references to the Joint Chairmen acting jointly. PART II THE LEMBAGA The Lembaga 3. There is hereby established a body corporate by the name of “Lembaga Pembangunan Langkawi” 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 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. Lembaga Pembangunan Langkawi 9 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 Pembangunan Langkawi; (b) to promote and stimulate the Kawasan Lembaga Pembangunan Langkawi as a tourist destination and duty free area; (c) to promote, stimulate, facilitate and undertake the development of tourism and infrastructure as well as residential, agricultural, industrial and commercial development in the Kawasan Lembaga Pembangunan Langkawi; and (d) to co-ordinate the performance, in the Kawasan Lembaga Pembangunan Langkawi, of the activities mentioned in paragraphs (a), (b) and (c) (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 activities relating to tourism, activities which are commercial or industrial in nature 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 performance of its functions; (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; 10 Laws of Malaysia ACT 423 (c) to co-operate with or act as agent or managing agent of, or otherwise act in association with or on behalf of, the Federal Government or the State Government, any public authority, any company or corporation, or any other body or person; (d) to promote and co-ordinate the carrying on of such activities by the Federal Government or the State Government, any public authority, any company or corporation, or any other body or person; (e) with the approval of the Minister, 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, any company or corporation, or any 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, financial assistance by the taking up of share or loan capital or by loan or otherwise; (g) with the approval of the Minister, to 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, determine; (h) to require government departments and governmental and non-governmental agencies engaged in carrying out, or intending to carry out, development in the Kawasan Lembaga Pembangunan Langkawi to submit reports regarding their activities or proposed activities containing such particulars and information as may be specified by the Lembaga; Lembaga Pembangunan Langkawi 11 (i) with the approval of the Minister, to dispose of capital assets and to use the proceeds from such disposal as directed by the Minister; (j) to appoint such agents as it may deem fit for the purpose of performing its functions; (k) to impose fees or any other charges it deems fit for giving effect to any of its functions or powers; (l) to regulate, coordinate and undertake development, including the development of infrastructure, in the Kawasan Lembaga Pembangunan Langkawi; and (m) to do such other things as it deems fit to enable it to carry out its functions and powers effectively. (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 development of tourism, investment and foreign exchange in the Kawasan Lembaga Pembangunan Langkawi. (4) Notwithstanding subsections (1), (2) and (3), the Lembaga shall, before performing 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: (a) two Joint Chairmen, one of whom shall be the Menteri Besar and the other appointed by the Prime Minister; and (b) three other members who shall be appointed by the Prime Minister after consultation with the Menteri Besar. 12 Laws of Malaysia ACT 423 (1A) The General Manager shall be an ex-officio member of the Lembaga. (2) The provisions of the First Schedule shall apply to 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 Lernbaga 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]. Powers of the Minister to give directions 8. 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. The Kawasan Lembaga Pembangunan Langkawi 9. (1) For the purposes of this Act, the Minister may, with the concurrence of the State Government, from time to time determine by notification in the Gazette the area or areas within which the Lembaga shall perform its functions under this Act and such area or areas shall be known as the “Kawasan Lembaga Pembangunan Langkawi”. Lembaga Pembangunan Langkawi 13 (2) Notwithstanding any other written law, it shall be the responsibility of the Lembaga to perform, in the Kawasan Lembaga Pembangunan Langkawi, the functions provided by this Act. Returns, reports, accounts and information 10. (1) The Lembaga shall furnish to the Minister, and such public authority as may be directed by the Minister, such returns, reports, accounts and information with respect to its property and activities as the Minister may from time to time require or direct. (2) Without prejudice to the generality of the provisions of subsection (1), the Lembaga shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister and, if so directed by the Minister, to the State Government or any other public authority a report dealing with the activities of the Lembaga during the preceding financial year and the report shall be in such form and shall contain such information relating to the proceedings and policy of the Lembaga as the Minister may from time to time specify. PART III CHAIRMAN, OFFICERS, SERVANTS The Chairman 11. (1) Any function, power or duty which under this Act is to be performed, exercised or discharged by the Chairman shall be performed, exercised or discharged by the Joint Chairman acting jointly. (2) Without prejudice to the other provisions of this Act, the Chairman shall perform such duties as the Minister may, from time to time, determine. 14 Laws of Malaysia ACT 423 The General Manager 12. (1) The Lembaga may, with the approval of the Minister, appoint a principal executive officer, designated as “General M