PERBADANAN LABUAN ACT 2001

Perbadanan Labuan LAWS OF MALAYSIA Reprint Act 609 perbadanan labuan act 2001 Incorporating all amendments up to 1 January 2006 Published by The Commissioner of Law revision, Malaysia Under the Authority of the Revision of Laws Act 1968 in Collaboration with Percetakan Nasional Malaysia Bhd 2006   Perbadanan Labuan ACT 2001 Date of Royal Assent ... … … … … 15 February 2001 Date of publication in the Gazette … … 1 March 2001 Previous Reprint First Reprint ... ... ... ... ... 2002  LAWS OF MALAYSIA Act 609 perbadanan labuan act 2001 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II THE PERBADANAN 3. Establishment of the Perbadanan 4. Functions and powers of the Perbadanan 5. Membership of the Perbadanan 6. Advisory Council 7. Power of Minister to give directions 8. Returns, reports, accounts and information Part III CHAIRMAN, OFFICERS AND SERVANTS OF THE PERBADANAN 9. The Chairman 10. The Chief Executive Officer 11. Appointment of other officers and servants of the Perbadanan 12. Discipline  Laws of Malaysia Act 609 Part IV FINANCE Section 13. The Fund 14. Expenditure to be charged on the Fund 15. 16. Conservation of the Fund Reserve fund 17. Improvement Service Fund 18. Expenditure and preparation of estimates 19. Statutory Bodies (Accounts and Annual Reports) Act 1980 Part V OTHER POWERS OF THE PERBADANAN 20. Power to borrow 21. Investment 22. Power to employ 23. Power to grant loans 24. Power to establish corporations 25. Acquisition of land Part VI GENERAL 26. Obligation of secrecy 27. Protection of officers and servants 28. Public Authorities Protection Act 1948 29. Public servants 30. Power to make regulations Part VII REPEAL, SAVINGS AND TRANSITIONAL 31. Interpretation in relation to Part VII 32. Repeal and dissolution Perbadanan Labuan Section 33. Transfer of powers, etc. 34. Transfer of property 35. Transfer of moneys to the Fund 36. Membership of dissolved Lembaga and dissolved Council 37. Continuance of officers and servants 39. Reference in law or document 38. Continuance of pending applications, etc. First Schedule Second Schedule Third Schedule   Laws of Malaysia Act 609 Perbadanan Labuan  LAWS OF MALAYSIA Act 609 PERBADANAN LABUAN ACT 2001 An Act to repeal the Lembaga Pembangunan Labuan Act 1992 and to revoke the Labuan Municipal Council Instrument 1983; to dissolve the Lembaga Pembangunan Labuan and the Labuan Municipal Council; to establish the Perbadanan Labuan in place of the Lembaga Pembangunan Labuan and the Labuan Municipal Council; and to provide for matters connected therewith. [1 July 2001, P.U. (B) 128/2001] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Perbadanan Labuan Act 2001. (2) This Act shall come into operation on such date as the Minister may, by notification in the Gazette, appoint and the Minister may appoint different dates for the coming into operation of different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “Chief Executive Officer” means the Chief Executive Officer appointed under subsection 10(1) and includes any officer directed under subsection 10(6) to perform the duties of the Chief Executive Officer;  Laws of Malaysia Act 609 “Fund” means the Fund established under section 13; “Advisory Council” means the Advisory Council established under section 6; “Minister” means the Minister of Finance; “Chairman” means the Chairman of the Perbadanan appointed under section 5; “Perbadanan” means the Perbadanan Labuan established under section 3. Part II THE PERBADANAN Establishment of the Perbadanan 3. (1) A body corporate by the name of “Perbadanan Labuan” is established. (2) The Perbadanan shall have perpetual succession and a common seal. (3) The Perbadanan may sue and be sued in its name. (4) Subject to and for the purposes of this Act, the Perbadanan may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and (c) 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. Functions and powers of the Perbadanan 4. (1) The functions of the Perbadanan shall be— (a) to promote and stimulate the Federal Territory of Labuan as a tourist destination, duty free area and trade centre; Perbadanan Labuan  (b) to promote, stimulate, facilitate and undertake economic and social development in the Federal Territory of Labuan; (c) to promote, stimulate and undertake the development of art, culture, sport and recreational activities in the Federal Territory of Labuan; (d) to promote, stimulate, facilitate and undertake the development of tourism and infrastructure as well as residential, agricultural, industrial and commercial development in the Federal Territory of Labuan; (e) to perform all functions of a local government in the Federal Territory of Labuan; (f) to perform all functions of a local planning authority in the Federal Territory of Labuan; (g) to control and co-ordinate the performance of the activities mentioned in paragraphs (a), (b), (c) and (d) in the Federal Territory of Labuan; and (h) to co-ordinate the performance of the activities carried out by Government agencies in the Federal Territory of Labuan. (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 carry on all activities, particularly activities which are commercial or industrial in nature, activities relating to tourism 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 609 (c) to regulate, approve or control all buildings and building operations and the repair and removal of ruinous and dangerous buildings, including the power to prohibit, close and demolish the erection of a building of a particular class, design or appearance in the Federal Territory of Labuan; (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, any public authority, any company or corporation, or any other body or person; (e) to promote and co-ordinate the carrying on of the activities mentioned in paragraphs (a) and (b) by the Federal Government, any public authority, any company or corporation, or anybody 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 (a) and (b) either under the control or partial control of the Perbadanan or independently; (g) to give assistance to any public authority, any company or corporation, or any other body or person appearing to the Perbadanan to have facilities for the carrying on of any of the activities mentioned in paragraphs (a) and (b), including, with the approval of the Minister, financial assistance by the taking up of share or loan capital or by loan or otherwise; (h) 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 stock or shares on such terms and conditions as the Perbadanan may, with the approval of the Minister, determine; (i) to require the Federal Government, any public authority, any company or corporation, or any body or person to obtain the prior approval of the Perbadanan before carrying out development in the Federal Territory of Labuan; Perbadanan Labuan 11 (j) with the approval of the Minister, to dispose of capital assets and to use the proceeds from such disposal as directed by the Minister; (k) to appoint such agents as it may deem fit for the purpose of performing its functions; (l) to impose fees or any other charges it deems fit for giving effect to any of its functions or powers; (m) to regulate, co-ordinate and undertake development, including the development of infrastructure, in the Federal Territory of Labuan; (n) to value and collect property assessment tax; and (o) to do such other things as it deems fit to enable it to carry out its functionsand powers effectively. (3) Subject to section 7, 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 of the policy of the Federal Government for the time being in force and in particular the policy relating to the development of investment and tourism in the Federal Territory of Labuan. Membership of the Perbadanan 5. (1) The Perbadanan shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a Deputy Chairman; and (c) four other members. (2) The Minister may, in respect of each member appointed under paragraph (1)(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. (3) When attending meetings of the Perbadanan, an alternate member shall for all purposes be deemed to be a member of the Perbadanan. 12 Laws of Malaysia Act 609 (4) 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 Perbadanan. (5) The provisions of the First Schedule shall apply to the Perbadanan. Advisory Council 6. (1) The Perbadanan shall establish an Advisory Council which shall consist of the following members who shall be appointed by the Minister: (a) a chairman; and (b) six other members who shall consist of at least three local residents of the Federal Territory of Labuan. (2) The Advisory Council shall be responsible for the giving of advice to the Perbadanan in relation to the functions of a local government carried out by the Perbadanan. (3) The provisions of the Second Schedule shall apply to the Advisory Council. Power of Minister to give directions 7. (1) The Perbadanan shall be responsible to the Minister. (2) The Minister may, from time to time, give directions which are consistent with the provisions of this Act and the Perbadanan shall, as soon as possible, give effect to all such directions. Returns, reports, accounts and information 8. (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. Perbadanan Labuan 13 (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 the Perbadanan during the preceding financial year. (3) The report under subsection (2) shall be in such form and shall contain such information relating to the proceedings and policy of the Perbadanan as the Minister may, from time to time, specify. Part III CHAI