LEMBAGA KEMAJUAN WILAYAH KEDAH ACT 1981

to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Lembaga Kemajuan

Wilayah Kedah;

to promote, stimulate, facilitate and undertake residential, agricultural, industrial and commercial development in the Kawasan Lembaga Kemajuan Wilayah Kedah; and

to control and co-ordinate the performance of the aforesaid activities in the Kawasan Lembaga Kemajuan Wilayah

Kedah.

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—

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.

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

a Chairman;

a Deputy Chairman;

a representative of the Ministry charged with the responsibility for rural and regional development;

a representative of the Treasury from the Ministry of

Finance;

a representative of the Economic Planning Unit, Prime

Minister’s Department;

three representatives of the State Government;

four persons who, in the Minister’s opinion, are suitable and able to contribute in performing the function and role of the Lembaga; and

the General Manager.

Subject to subsection (3), the First Schedule shall apply to the members of the Lembaga.

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Paragraphs 1, 2 and 3 of the First Schedule shall not apply to the General Manager.

(Deleted by Act A1541).

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.

For the purpose of subsection (1), an alternate member shall be named by the member appointed under paragraph 5(1)(c),

An alternate member who attends the meetings of the

Lembaga shall, for all purposes, be deemed to be a member of the Lembaga.

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

Without prejudice to the generality of subsection (1), and subject to consultation with the Lembaga, the power of the Minister to give directions shall extend to the giving to it of directions—

Notwithstanding any other written law, it shall be the responsibility of the Lembaga to perform the functions provided by this Act in the Kawasan Lembaga Kemajuan Wilayah Kedah.

Additional functions of the Lembaga

Without prejudice to the generality 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 Government of the State or any other public authority, a report dealing with the activities of the

Lembaga during the preceding financial year and in such form and containing such information relating to the proceedings and policy of the Lembaga as the Minister may from time to time specify.

The Chairman shall be responsible for the supervision and control of the implementation of policies and decisions made by the Lembaga.

The Chairman may, subject to any conditions, limitations or restrictions that he thinks fit, delegate to any other member of the Lembaga or to any officer or servant of the Lembaga to carry out such powers, duties or functions vested in or imposed upon the Chairman under this Act as he so determines.

Lembaga Kemajuan Wilayah Kedah 13

If the Chairman is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, the Deputy Chairman shall perform the duties of the Chairman during such temporary absence or incapacity.

General Manager and his Deputies

The General Manager shall be responsible for—

The General Manager shall be responsible to the Minister and the Lembaga.

The General Manager shall have general control of the officers and servants of the Lembaga.

The General Manager shall perform such other or further duties as the Minister or the Lembaga may from time to time direct.

To assist the General Manager in his functions, the Lembaga may, with the approval of the Minister, appoint one or more Deputy

General Managers and vest them with such powers and impose upon them such duties and functions as may be determined by the Lembaga.

If the General Manager is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, the Lembaga may direct any Deputy General Manager to perform his duties during such temporary absence or incapacity.

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The General Manager may, subject to such conditions, limitations or restrictions as he thinks fit, delegate his powers, duties or functions to any officer or servant of the Lembaga to carry out such powers, duties or functions vested in or imposed on the General Manager under this Act as the General Manager may determine and such delegation—

The General Manager and every Deputy General Manager are officers of the Lembaga.

Organization of the Lembaga into Divisions

The officer in charge of each Division shall be appointed by the Lembaga with the approval of the Minister.

It shall be the responsibility of the officer in charge of a

Division to implement and execute the decisions of the Lembaga on matters pertaining to his Division, to submit policy recommendations for consideration by the Lembaga, to participate without the right to vote in any meeting of the Lembaga whenever matters pertaining to his Division are being considered in the meeting and also to exercise all the powers that may be delegated to him by the Lembaga.

Appointment of other officers and servants

No person shall be eligible for employment as an officer or servant of the Lembaga who has, directly or indirectly, by himself or his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Lembaga.

Any officer or servant of the Lembaga who has or acquires any such share or interest shall be liable in the discretion of the

Lembaga to summary dismissal without notice.

Regulations governing conditions of service of officers and servants

The Fund shall consist of—

In this section the expression “loans” means such sums as may be made available from time to time to the Government of the Federation or of the State by way of loan.

Balancing of revenue account

granting loans under section 27;

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paying any expenditure lawfully incurred by the Lembaga, including survey, legal and other fees and costs, and the remuneration of officers and servants appointed and employed by the Lembaga, including superannuation allowances, pensions or gratuities;

paying any other expenses, costs or expenditure properly incurred or accepted by the Lembaga in the performance of its functions or the exercise of its powers under section 4;

purchasing or hiring plant, equipment, machinery, stores and any other materials and acquiring land and erecting buildings and carrying out any other works and undertakings in the performance of its functions or the exercise of its powers under section 4;

repaying any moneys borrowed under this Act and the interest due thereon; and

generally, paying any expenses for carrying into effect the provisions of this Act.

Expenditure and preparation of estimates

Before the beginning of September of each year the Lembaga shall submit to the Minister an estimate of the expenditure

(including those for development projects) for the following year in such form and containing such particulars as the Minister may direct; and the Minister shall before the beginning of that following year notify the Lembaga of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

The Lembaga may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimate.

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The Minister may direct the Lembaga to submit a copy of the estimate or supplementary estimate, as the case may be, to the Government of the State or to such other person as may be specified in the direction.

Statutory Bodies (Accounts and Annual Reports) Act 1980

Without prejudice to the generality of subsection (1), the

Lembaga may delegate to the Chairman, General Manager, any of its other members or any other person authority to sanction expenditure from the Fund or any other money under the control of the Lembaga up to such limit as the Lembaga shall specify.

Power to borrow

The Lembaga may from time to time, with the approval of the Minister and the concurrence of the Minister of Finance, borrow money by the issue of bonds, debentures or debenture stock or raise capital by the issue of shares or stock of such class and value and upon such terms as it may deem expedient, for all or any of the following purposes:

The Second Schedule shall apply to every corporation established by the Lembaga under subsection (1).

Power to establish committees 28a. (1) The Lembaga may establish such committees as the

Lembaga considers necessary or expedient to assist the Lembaga in the performance of its functions under this Act.

The Third Schedule shall apply to every committee established by the Lembaga under subsection (1).

Compulsory acquisition of land

The expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Lembaga.

When any immovable property has been acquired under this section, the Lembaga shall extract the necessary documents of title in respect of such property and shall pay any rent to which such property may be subject.

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Any person contravening subsection (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both.

Power to make regulations

Without prejudice to the generality of subsection (1), regulations under that subsection may be made for—

Such regulations—

The appointment of any member may at any time be revoked by the

Minister without assigning any reason therefor.

A member may at any time resign his office by letter addressed to the

Minister.

A member shall devote such time to the business of the Lembaga as may be necessary to the discharge of his duties.

Vacation of office

if he dies;

if there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

if he becomes bankrupt;

if he is of unsound mind or is otherwise incapable of discharging his duties;

if he absents himself from three consecutive meetings without leave of the Lembaga;

in the event of his resignation being accepted by the Minister; or

if his appointment is revoked.

Where any member ceases to be a member by reason of any of the provisions of this Act, a person shall be appointed in his place in accordance with the provisions applicable.

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Remuneration and allowances

The quorum of the Lembaga shall be six.

Every member of the Lembaga present shall be entitled to one vote.

At all meetings of the Lembaga the Chairman or, in his absence, such member as the members present may elect, shall preside.

If on any question to be determined by the Lembaga there is an equality of votes, the Chairman or the member presiding shall have a casting vote in addition to his deliberative vote.

Subject to subparagraphs (1), (2), (3) and (4), the Lembaga shall determine its own procedure.

Lembaga may invite others to meetings

Until a seal is provided by the Lembaga a stamp bearing the description

“Lembaga Kemajuan Wilayah Kedah” may be used and shall be deemed to be a common seal.

The common seal or the stamp referred to in subparagraph (2) shall be kept in the custody of the General Manager or such other person as may be authorized by the Lembaga, and shall be authenticated by either the General

Manager or such authorized person or by any officer authorized by either of them in writing; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed:

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Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the Lembaga; and any such document or instrument may be executed on behalf of the Lembaga by any officer or servant of the

Lembaga generally or specially authorized by the Lembaga in that behalf.

The seal of the Lembaga shall be officially and judicially noticed.

Disclosure of interest

Any minutes made of meetings of the Lembaga shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Lembaga in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

Validity of acts and proceedings

any vacancy in the membership of, or of any defect in the constitution of, the Lembaga;

the contravention by any member of the Lembaga of the provisions of paragraph 7; or

any omission, defect or irregularity not affecting the merits of the case.

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Second Schedule

[Subsection 28(2)]

Power of Lembaga to make regulations in respect of a corporation

the purposes and objects for which such corporation is established;

the rights, powers, duties and functions of such corporation;

the system of management thereof; and

the relations between such corporation and the Lembaga and its rights of control over such corporation.

Saving

Upon the dissolution of any corporation under this paragraph the assets of the corporation, after payment of all liabilities, shall be transferred to and vested in the Lembaga.

The winding up of a corporation under this paragraph shall be conducted in such manner as the Lembaga may prescribe.

Corporation to be body corporate

Until a seal is provided by the corporation under this paragraph a stamp bearing the name of the corporation encircling the letters “LKWK” may be used as a common seal.

The common seal, or the stamp referred to in subparagraph (2), shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall, until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

The seal of every corporation shall be officially and judicially noticed.

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Third Schedule

[Subsection 28a(2)]

Terms and conditions of appointment, revocation and resignation

The Lembaga may appoint any person to be a member of any committee and elect any of its members to be the chairman of a committee.

A member of the committee shall hold office for such term as specified in his letter of appointment and is eligible for reappointment.

The appointment of any member of the committee may, at any time, be revoked by the Lembaga.

A member of a committee may, at any time, resign his office by giving a notice in writing addressed to the Chairman of the Lembaga.

Meetings

A committee may invite any person who is not a member of the committee to attend any of its meetings for the purposes of advising the committee on any matter under discussion but that person shall not be entitled to vote at the meeting.

Members of the committee or any person invited under subparagraph (2)

may be paid such allowances and other expenses as determined by the Lembaga.

Procedure