*PERBADANAN PUTRAJAYA ACT 1995

(Deleted by Act A1168).

Functions of the Perbadanan

to perform all functions of a local government in the

Federal Territory of Putrajaya;

to promote, stimulate, facilitate and undertake economic and social development in the Federal Territory of

Putrajaya;

to promote, stimulate, facilitate and undertake commercial development, infrastructure development as well as residential development in the Federal Territory of Putrajaya; and

to control and coordinate the performance, in the Federal

Territory of Putrajaya, of the activities mentioned in paragraphs (b) and (c).

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—

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

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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

a President who shall act as Chairman;

three Federal Government officials; and

two other members from the private sector.

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.

The provisions of the First Schedule shall apply to the

Perbadanan.

Alternate member

When attending meetings of the Perbadanan, an alternate member shall for all purposes be deemed to be a member of the

Perbadanan.

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.

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Secretary

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 and the report 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.

The Perbadanan may, with the approval of the Minister, delegate to the President all or any of the functions vested in or imposed on the Perbadanan by this Act and any function, power or

14 Laws of Malaysia duty so delegated may be performed, exercised or discharged by the

President in the name and on behalf of the Perbadanan.

The chief executive officer

The Chief Executive shall be responsible for—

The Chief Executive shall have general control of the other officers and servants of the Perbadanan.

The Chief Executive shall perform such further duties as the

Perbadanan may, from time to time, direct.

In discharging his duties, the Chief Executive shall act under the general authority and directions of the Perbadanan.

If the Chief Executive is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, the Perbadanan may direct any other officer of the Perbadanan to perform his duties during such temporary absence or incapacity.

Perbadanan Putrajaya 15

Appointment of officers and servants of the Perbadanan

No person shall be eligible for employment as an officer or servant of the Perbadanan if he 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 Perbadanan.

Regulations with respect to conditions of service

The regulations made under this section may include—

The regulations made under this section may create such disciplinary offences and provide for such disciplinary punishments as the Perbadanan may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

The regulations made under this section may, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made by the person against whom the disciplinary proceedings are taken before a decision is arrived at by the disciplinary authority on such disciplinary charge laid against such person.

Surcharge

has failed to collect any moneys owing to the Perbadanan for the collection of which he is responsible;

is or was responsible for any payment from the Fund of moneys which ought not to have been made or for any payment of moneys which is not duly approved;

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the

Perbadanan;

being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

has failed to make any payment, or is or was responsible for any delay in the payment, of moneys from the Fund to any person to whom such payment is due under any

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contract, agreement or arrangement entered into between that person and the Perbadanan, the Perbadanan shall serve on him a written notice calling on him to show cause why he should not be surcharged, and if a satisfactory explanation is not, within fourteen days from the date of service of the notice as aforesaid, furnished to the Perbadanan with regard to the failure to collect, payment which ought not to have been made, payment not duly approved, deficiency or destruction, or failure to keep proper accounts or records, or failure to make payment, or delay in making payment, the Perbadanan may surcharge against the said person a sum not exceeding the amount of any such amount not collected, such payment, deficiency, or loss, or the value of the property destroyed, as the case may be; and with regard to the failure to keep proper accounts or records, or the failure to make payment, or the delay in making payment, the Perbadanan may surcharge against the said person such sum as it thinks fit.

When a surcharge is made under subsection (1), the Chief

Executive shall notify the person surcharged.

The Perbadanan may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the

Chief Executive shall at once cause the person surcharged to be notified of such withdrawal.

The amount of any surcharge made under subsection (1) and not withdrawn under subsection (3) shall be a debt due to the

Perbadanan from the person against whom the surcharge is made and may be sued for and recovered in any court at the suit of the

Perbadanan and may also be recovered by deduction—

The Fund shall consist of—

paying any expenditure lawfully incurred by the

Perbadanan, including survey and legal fees and costs and other fees and costs, and the remuneration of officers and servants appointed and employed by the Perbadanan, including superannuation allowances, pensions or gratuities;

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

purchasing or hiring plant, equipment, machinery, store and any other materials, 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.

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Expenditure and preparation of estimates

Before the beginning of September of each year, the

Perbadanan shall submit to the Minister an estimate of the expenditure (including the expenditure 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 the following year, notify the Perbadanan of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

The Perbadanan 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 therein.

Statutory Bodies (Accounts and Annual Reports) Act 1980

Without prejudice to the generality of subsection (1) and to the other provisions of this Act, the Perbadanan may delegate to the

Chief Executive authority to sanction expenditure from the Fund or any other moneys vested in and under the control of the Perbadanan up to such limit as the Perbadanan shall specify.

Power to borrow

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

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

Acquisition of land

All expenses and compensation payable for the acquisition of any immovable property under this section shall be paid by the

Perbadanan.

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

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

Power to make regulations

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

Regulations under this section—

The appointment of any member, other than the representative of the State

Government, may at any time, be revoked by the Minister without assigning any reason therefore.

A member, other than the representative of the State Government, may at any time, resign his office by letter addressed to the Minister.

Every member shall devote such time to the business of the Perbadanan as is necessary to discharge his duties effectively.

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 a 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 Perbadanan;

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

if his appointment is revoked by the Minister.

Perbadanan Putrajaya 27

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

Remuneration or allowance

The quorum of the Perbadanan shall be four.

The decision of the Perbadanan shall be by majority votes and where there is an equality of votes, the President shall have the deciding vote.

The Secretary shall be present at all meetings of the Perbadanan but he shall have no voting power.

Notwithstanding subparagraph (4), if the Secretary is unable to be present at any meeting of the Perbadanan due to illness or for any other reason permitted by the President, the President may direct an officer of the Perbadanan who is under the supervisions or control of the Secretary to be present at any meeting of the

Perbadanan to perform the function of Secretary at that meeting.

Subject to the provisions of this Act, the Perbadanan shall determine its own procedure.

Perbadanan may invite others to meetings

The Perbadanan shall have a common seal which shall bear such device as the Perbadanan shall approve and such seal may from time to time be broken, changed, altered or made anew as the Perbadanan may think fit.

Until a seal is provided by the Perbadanan, a stamp bearing the words

“Perbadanan Putrajaya” may be used and shall be deemed to be the common seal of the Perbadanan.

The common seal shall be kept in the custody of the President or such other person as may be authorized by the Perbadanan, and shall be authenticated by the

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President 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:

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 Perbadanan; and any such document or instrument may be executed on behalf of the Perbadanan by any officer or servant of the Perbadanan generally or specially authorized by the Perbadanan in that behalf.

The common seal of the Perbadanan shall be officially and judicially noticed.

Disclosure of interest

Any minutes made of meetings of the Perbadanan shall, if duly signed, be admissible in evidence in all legal proceedings without further proof and every meeting of the Perbadanan 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 Perbadanan;

the contravention by any member of the Perbadanan of paragraph 7;

or

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

Perbadanan Putrajaya 29

SECOND SCHEDULE

[Subsection 29(2)]

Power of the Perbadanan to make regulations in respect of corporation

the purposes and objects for which the 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 Perbadanan and the

Perbadanan’s rights of control over such corporation.

Limitation on power to establish corporation

Upon the dissolution of any corporation under this paragraph the assets of the corporation after discharging all its liabilities shall be transferred to and shall vest in the Perbadanan.

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

Corporation to be bodies corporate

Until a seal is provided by the corporation, a stamp bearing the name of the corporation encircling the letters “PP” may be used and shall be deemed to be the common seal of the corporation.

The common seal shall be kept in the custody of such person as may be authorized by the corporation, 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 common seal of every corporation shall be officially and judicially noticed.

31

Act 536

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act A1168

Perbadanan Putrajaya

(Amendment) Act 2002

03-10-2002

32

Act 536

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

Enacting clause

2

3

4

5

5A

10

11

30

33

35

36

First Schedule

Act A1168

03-10-2002