PERBADANAN PUTRAJAYA ACT 1995

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 536 PERBADANAN PUTRAJAYA ACT 1995 As at 1 December 2012 2 PERBADANAN PUTRAJAYA ACT 1995 Date of Royal Assent ... ... ... … … 19 October 1995 Date of publication in the Gazette … … 2 November 1995 Latest amendment made by Act A1168 which came into operation on ... ... ... ... … …3 October 2002 PREVIOUS REPRINTS First Reprint ... ... ... ... 2002 Second Reprint ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 536 PERBADANAN PUTRAJAYA ACT 1995 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE PERBADANAN 3. The Perbadanan and its objective 4. Functions of the Perbadanan 5. Membership of the Perbadanan 5A. Alternate member 6. Secretary 7. Public Authorities Protection Act 1948 8. Public Servant 9. Power of the Minister to give directions 10. Responsibility of Perbadanan Putrajaya 11. Additional functions of the Perbadanan 12. Returns, reports, accounts and information PART III PRESIDENT, OFFICERS, SERVANTS 13. The President 4 Laws of Malaysia ACT 536 Section 14. The chief executive officer 15. Appointment of officers and servants of the Perbadanan 16. Regulations with respect to conditions of service 17. Power of Perbadanan to make regulations relating to conduct and discipline 18. Surcharge 19. Perbadanan may adopt regulations, etc. PART IV FINANCE 20. The Fund 21. Conservation of Fund 22. Expenditure to be charged on the Fund 23. Expenditure and preparation of estimates 24. Statutory Bodies (Accounts and Annual Reports) Act 1980 PART V OTHER POWERS AND FUNCTIONS OF THE PERBADANAN 25. Delegation of functions, powers or duties of the Perbadanan 26. Power to borrow 27. Investment 28. Power to employ agents, etc. 29. Power to establish corporations 30. Acquisition of land PART VI GENERAL 31. Exemption from stamp duty 32. Obligation of secrecy 33. Power to make regulations Perbadanan Putrajaya Section 34. Things done in anticipation of the enactment of this Act 35. Savings 36. Modifications FIRST SCHEDULE SECOND SCHEDULE 5 7 LAWS OF MALAYSIA Act 536 PERBADANAN PUTRAJAYA ACT 1995 An Act to incorporate the Perbadanan Putrajaya and to provide for matters connected therewith. [1 March 1996, P.U. (B) 78/1996] 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 Perbadanan Putrajaya Act 1995 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint; and the Minister may appoint different dates for the coming into force of different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “Chief Executive” means the chief executive officer referred to in subsection 14(1) and includes any officer directed under subsection 14(6) to perform the duties of the chief executive officer; 8 Laws of Malaysia ACT 536 “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; “Fund” means the fund established under section 20; “Minister” means the Minister responsible for the Federal Territory of Putrajaya; “Perbadanan” means Perbadanan Putrajaya established under section 3; “President” means the President of the Perbadanan appointed under section 5; “State Government” means the Government of the State of Selangor. PART II THE PERBADANAN The Perbadanan and its objective 3. (1) There is hereby established a body corporate by the name of “Perbadanan Putrajaya” 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 Perbadanan upon such terms as it deems fit. (2) (Deleted by Act A1168). Functions of the Perbadanan 4. (1) The functions of the Perbadanan shall be— Perbadanan Putrajaya 9 (a) to perform all functions of a local government in the Federal Territory of Putrajaya; (b) to promote, stimulate, facilitate and undertake economic and social development in the Federal Territory of Putrajaya; (c) to promote, stimulate, facilitate and undertake commercial development, infrastructure development as well as residential development in the Federal Territory of Putrajaya; and (d) to control and coordinate the performance, in the Federal Territory of Putrajaya, of the activities mentioned in paragraphs (b) and (c). (2) The Perbadanan 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 exercise all powers of a local government in the Federal Territory of Putrajaya; (b) to carry on all activities, particularly activities which are commercial in nature the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its functions; (c) 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; (d) 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 of the State Government, any public authority, any company or corporation, or any other body or person; 10 Laws of Malaysia ACT 536 (e) to promote and co-ordinate the carrying on of such activities by the Federal Government or of the State Government, public authority, any company or corporation, or any other body or person; (f) 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 of the activities mentioned in paragraphs (b) and (c) either under the control or partial control of the Perbadanan or independently; (g) to require government departments and governmental and non-governmental agencies engaged in carrying out or intending to carry out development in the Federal Territory of Putrajaya to submit reports, containing such particulars and information as may be specified by the Perbadanan, regarding their activities or proposed activities; (h) to appoint such agents as it deems fit for the purpose of performing its functions; (i) with the approval of the Minister, to privatize or in any other manner transfer or dispose of any of its activities in relation to its functions under this section or to privatize or in any other manner transfer or dispose of any of its assets; (j) to impose fees or any other charges it deems fit for giving effect to any of its functions or powers; (k) to regulate, co-ordinate and undertake development, including the development of infrastructure, in the Federal Territory of Putrajaya; and (l) to do such other things as it deems fit to enable it to carry out its functions and powers effectively. (3) Subject to section 9, it shall be the responsibility of the Perbadanan in performing its functions under this Act to ensure that the functions are performed in such manner as shall be in furtherance Perbadanan Putrajaya 11 of the policy of the Federal Government for the time being in force and in particular the policy relating to the development of Federal Territory of Putrajaya as the Federal Government administrative centre. Membership of the Perbadanan 5. (1) The Perbadanan shall comprise two persons representing the State Government, to be nominated by the Menteri Besar of Selangor with the approval of the Ruler of the State of Selangor, and the following members who shall be appointed by the Minister: (a) a President who shall act as Chairman; (b) three Federal Government officials; and (c) two other members from the private sector. (2) The Deputy President of the Perbadanan shall be appointed by the President from amongst the Federal Government officials, and during the absence of the President at any sitting, the Deputy President shall preside over the sitting. (3) The provisions of the First Schedule shall apply to the Perbadanan. Alternate member 5A. (1) The Minister may, in respect of each member appointed under paragraphs 5(1)(b) and (c), appoint an alternate member to attend, in place of that member, meetings of the Perbadanan when the member is for any reason unable to attend. (2) When attending meetings of the Perbadanan, an alternate member shall for all purposes be deemed to be a member of the Perbadanan. (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 member ceases to be a member of the Perbadanan. 12 Laws of Malaysia ACT 536 Secretary 6. There shall be a Secretary to the Perbadanan who shall be appointed from amongst members of the Judicial and Legal Service. 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 Perbadanan or against any member, officer, servant or agent of the Perbadanan in respect of any act, neglect or default done or committed by him in such capacity. Public servant 8. All members, officers and servants of the Perbadanan, 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 the Minister to give directions 9. The Perbadanan 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 Perbadanan shall, as soon as possible, give effect to all such directions. Responsibility of Perbadanan Putrajaya 10. It shall be the responsibility of the Perbadanan to perform, in the Federal Territory of Putrajaya, the functions conferred upon it by this Act and any other written law. Additional functions of the Perbadanan 11. In addition to the duties imposed upon and powers vested in the Perbadanan by this Act, the Perbadanan may undertake such other Perbadanan Putrajaya 13 functions, exercise such other powers and administer and expend such other moneys for such purposes as the Federal Government may assign or give to it, and in so doing the Perbadanan shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Perbadanan in respect of the undertaking of such functions, the exercise of such powers and the administration and expending of such moneys: Provided that the accounts of such moneys shall be kept separate and apart from those of the Fund. Returns, reports, accounts and information 12. (1) The Perbadanan 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 subsection (1), the Perbadanan 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 any other public authority a report dealing with the activities of