Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 2
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LEMBAGA KEMAJUAN WILAYAH KEDAH (AMENDMENT) ACT 2017 is Malaysia Amendment Act, cited as Amendment Act A1541 2017, currently marked in force and first recorded in 2017.
Opening note
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 2
The Lembaga Kemajuan Wilayah Kedah Act 1981 [Act 249], which is referred to as the “principal Act” in this Act, is amended in section 2 by substituting for the interpretation of “Minister”
the following interpretation:
‘ “Minister” means the Minister charged with the responsibility for rural and regional development;’.
LEMBAGA KEMAJUAN WILAYAH KEDAH
(AMENDMENT) ACT 2017
Amendment of section 5
by substituting for subsection (1) the following subsection:
“(1) The Lembaga shall consist of the following members who shall be appointed by the Minister:
a representative of the Ministry charged with the responsibility for rural and regional development;
four persons who, in the Minister’s opinion, are suitable and able to contribute in exercising the function and role of the Lembaga; and
in subsection (2), by substituting for the words
“subsections (3) and (4)” the words “subsection (3)”;
in subsection (3), by substituting for the words “, 3 and 7”
the words “and 3”;
in subsection (5), by substituting for the word “(f)” the word “(h)”.
Lembaga Kemajuan Wilayah Kedah (Amendment)
5
New section 5a
The principal Act is amended by inserting after section 5 the following section:
“Alternate member 5a. (1) The Minister may, in relation to 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.”.
Amendment of section 12
Section 12 of the principal Act is amended by inserting after subsection (1) the following subsections:
“(1a) 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.”.
Amendment of section 13
Section 13 of the principal Act is amended—
by substituting for subsection (1) the following subsection:
“(1) The Minister shall appoint a General Manager in accordance with such conditions and for such period as may be determined by the Minister.”;
by substituting for subsection (2) the following subsection:
“(2) The General Manager shall be responsible for—
in subsection (3), by substituting for the word “Chairman”
the words “Minister and the Lembaga”;
in subsection (5), by substituting for the words
“the Lembaga or the Chairman” the words “the Minister or the Lembaga”; and
by inserting after subsection (7) the following subsection:
“(7a) 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—
shall not preclude the General Manager from performing or exercising, at any time, any powers, duties or functions so delegated; and
shall be done in the name of the Lembaga.”.
Lembaga Kemajuan Wilayah Kedah (Amendment)
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Amendment of section 14
Subsection 14(2) of the principal Act is amended by substituting for the word “Chairman” the word “Lembaga”.
Substitution of section 16a
The principal Act is amended by substituting for section 16a the following section:
“Statutory Bodies (Discipline and Surcharge) Act 2000 16a. The Statutory Bodies (Discipline and Surcharge)
Act 2000 [Act 605] shall apply to the Lembaga.”.
Deletion of sections 16b, 16c, 16d, 16e, 16f, 16g and 16h
The principal Act is amended by deleting sections 16b, 16c,
16d, 16e, 16f, 16g and 16h.
New section 28a
The principal Act is amended by inserting after section 28
the following section:
“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).”.
New section 32a
The principal Act is amended by inserting after section 32
the following section:
“Power to amend Schedules 32a. The Lembaga may, with the approval of the Minister, amend any Schedule by order published in the Gazette.”.
Deletion of sections 34 and 35
The principal Act is amended by deleting sections 34 and 35.
Amendment of First Schedule
The First Schedule to the principal Act is amended—
in subparagraph 4(1), by substituting for the words
“once in every month” the words “once in every three months”;
by inserting after subparagraph 4(2) the following subparagraph:
“(2a) Every member of the Lembaga present shall be entitled to one vote.”; and
in subparagraph 6(3), by substituting for the word “Chairman”
wherever appearing the words “General Manager”.
New Third Schedule
The principal Act is amended by inserting after the
Second Schedule the following Schedule:
“Third Schedule
[Subsection 28a(2)]
Quoted provision
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.
Lembaga Kemajuan Wilayah Kedah (Amendment)
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Meetings
Quoted provision
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
Quoted provision
Subject to this Act, the committee may regulate its own procedures.”.
Agreement and the Lembaga Kemajuan Wilayah Kedah
Act 1981 shall continue to be in force
Terms and conditions of appointment, revocation and resignation
Notwithstanding the expiry of the agreement referred to in subsection (1), the principal Act shall continue to remain in full force and effect as amended in this Act.
Saving and transitional
Any disciplinary proceedings instituted under sections 16a to 16h of the principal Act which is pending immediately before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, continue and be dealt with as if sections 16a to 16h of the principal Act had not been amended by this Act.