REGIONAL CORRIDORS DEVELOPMENT AUTHORITIES ORDINANCE, 2006, 2006

to implement, coordinate or oversee the implementation or execution of development plans or schemes or projects approved by the State Planning Authority or any other government agency for any regional corridor;

to adopt and carry out measures and schemes to ensure that development within a regional corridor is coordinated with schemes, projects, facilities and infrastructures, both existing or planned, in an adjoining district or area;

to promote, stimulate, facilitate and coordinate industrial and economic development within a regional corridor;

to promote, develop and manage industrial and commercial estates within a regional corridor and other amenities, facilities and infrastructures supporting the industries and business therein;

to develop, plan, implement or provide strategies and systems for efficient and expeditious delivery or transportation of resources and materials needed by industries and businesses established or to be established in a regional corridor;

to collaborate or to act jointly or in joint venture with other government bodies or agencies or private sector in the development of the estates referred to in paragraph (d) and also in the promotion of industrial and commercial activities, undertakings, schemes or enterprises within a regional corridor and to participate in or assist in the development, production and supply of resources and materials, whether found or available within or outside the regional corridor, required by industries and commercial enterprises located within that corridor;

to provide, manage, and maintain facilities and amenities for persons residing or employed within a regional corridor and to maintain a healthy, clean and conducive living environment for such persons;

to make recommendations or proposals to the

Government on development plans, schemes and projects to be implemented within a regional corridor in order to enhance or accelerate the growth and progress of that corridor and to realize the development potentials or opportunities thereof; and

to undertake such other functions as the Minister may from time to time direct.

An Authority may, by Order made by the Yang di-Pertua

Negeri, have such or any of the powers, functions and duties conferred upon a local authority under the Local Authorities Ordinance, 1996

[Cap. 20] or under any written law relating to road transport and public health.

Without prejudice to the generality of subsections (1) and

, an Authority shall also have such powers and functions as may be conferred upon it by any other written law.

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Powers of a Regional Corridor Development Authority 10.

For the purposes of the discharge of its functions and duties under section 9, a Regional Corridor Development Authority shall have power―

Where land over which native customary rights have lawfully been exercised is required for the purposes of this Ordinance, such rights may be terminated in accordance with the provisions of the

Land Code [Cap. 81 (1958 Ed.)] or surrendered to the Government under section 15 thereof, for the purposes of vesting or alienation to a

Regional Corridor Development Authority or any person or corporation carrying out or implementing any project, industry or enterprise approved by the Authority.

The purpose for which land is acquired pursuant to the provisions of this section shall be deemed to be a public purpose under the Land Code [Cap. 81 (1958 Ed.)].

The expenses and compensation in respect of any land acquired or customary rights terminated pursuant to the provisions of this section shall be paid by the Authority or by the person or corporation to whom the land may be alienated under subsection (2).

Ministerial directions 13.—

Ordinance, given by the Minister and shall duly give effect to all such direction which shall be binding upon the Authority.

A Regional Corridor Development Authority shall furnish to the Minister such information, accounts and records of its activities, dealings and financial affairs, as he may require from time to time.

Native status 14.

A Regional Corridor Development Authority shall, for the purposes of the Land Code [Cap. 81 (1958 Ed.)], be deemed to be a native of Sarawak.

The

Chief

Executive

Officer shall be the chief administrative officer of the Authority, and shall have the general control and supervision of all other officers and employees of the

Authority.

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The Chief Executive Officer shall, subject to any direction of the Authority in relation to the execution of functions vested in the

Authority by this Ordinance, be responsible for the administration and management of the affairs of the Authority and to carry out such other duties and responsibilities as the Authority or the Minister may from time to time assign to him.

If the Chief Executive Officer is temporarily absent from

Sarawak or temporarily incapacitated by reason of illness or for other sufficient reasons temporarily unable to perform his duties, any other officer may be appointed by the Minister to act in the place of the

Chief Executive Officer or to cover the duties of the post during any such period of absence from duty.

Appointment of other officers, employees and other persons 15A. The Regional Corridor Development Authority may―

For the purpose of this section, “officer” shall include the

Chief Executive Officer of the Authority.

[Sub. Cap. A154]

Until and unless standing orders are made pursuant to subsection (1), the State Public Service General Orders, 1996 [Swk.

L.N. 1/96], or any re-enactment thereof, which are not inconsistent with the provisions of this Ordinance, shall apply, with such modifications as the Minister may direct, to all officers and employees of the Authority.

[Ins. Cap. A154]

Discipline and disciplinary procedure 17A. The provisions of the Statutory Bodies (Conduct and

Discipline) Ordinance, 2004 [Cap. 57] shall apply to the Chief

Executive Officer and other officers and employees of the Authority.

[Add. Cap. A154]

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Personal immunity 18.

No member, officer or employee of a Regional Corridor

Development Authority thereof or any other person whomsoever acting under or carrying out the direction of the Authority shall be personally liable for any act or default of the Authority done or omitted to be done in good faith and without negligence in their employment with the Authority.

Public Authorities Protection Act 1948 19.

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against a

Regional Corridor Development Authority or against any member, officer, employee or agent of the Authority in respect of any act, neglect or default done or committed by him in such capacity.

Public servants 20.

All members, officers and employees of a Regional

Corridor Development Authority while discharging their duties as such, shall be deemed to be public servants within the meaning of the

Penal Code [Act 574].

Obligation of secrecy 21.―(1) Except for the purpose of this Ordinance or of any criminal proceedings under this Ordinance, no member, officer or employee of a Regional Corridor Development Authority shall disclose any information which has been obtained by him in the course of his duties and which has not been published in pursuance of this Ordinance.

Any person contravening the provisions of subsection (1)

shall be guilty of an offence: Penalty, a fine not exceeding five thousand ringgit or imprisonment for a term not exceeding one year or both.

There shall be paid into the Fund the following:

All moneys in the Fund shall be lodged with and maintained in appropriate types of accounts with licensed banks in

Malaysia or invested in such manner as the Authority may, with the approval of the Minister, determine.

Expenditure from the Fund 24.

The moneys from the Fund shall be used—

The accounts of the Authority shall be audited annually by the Auditor General or such auditor or auditors as may be appointed by the Authority with the approval of the Minister.

At the end of each financial year and so soon as the accounts of the Authority have been audited, the Authority shall cause a copy of any observations made by the Auditor General or other auditor appointed under subsection (2) on the statement or on the accounts of the Authority to be transmitted to the Minister who shall with the approval of the Majlis Mesyuarat Kerajaan Negeri cause the same to be laid before the Dewan Undangan Negeri.

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Estimates 26.—

Authority shall commence on the 1st January and end on the 31st

December of each year.

The expenses of the Authority up to such amounts as may be authorized by the Minister for any one year shall be defrayed out of the Fund.

Before the beginning of September of each year, an

Authority shall submit to the Minister an estimate of the expenses for the following year in such form and with such particulars as the

Minister may require; and the Minister shall, during the month of

November of that year, submit such estimate to the Majlis Mesyuarat

Kerajaan Negeri for approval.

An Authority 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 expenditure included therein and notify the Majlis Mesyuarat Kerajaan Negeri accordingly.

the State Attorney-General or any State Legal Officer authorized by him; or

an advocate appointed by the Authority; or

an officer of the Authority duly authorized in writing by its chief executive officer, may appear and represent the Regional Corridor Development

Authority in such proceedings before any court.

For the purpose of this section “civil proceedings” include an arbitration conducted under the Arbitration Act 2005 [Act 646] and any proceedings where the court exercises its additional powers under section 25(2) of the Courts of Judicature Act 1964 [Act 91].

Prosecution 28.

Prosecution in respect of offences committed under this

Ordinance or its subsidiary legislation or any written law applicable to and enforced by a Regional Corridor Development Authority, may be conducted by the Public Prosecutor or any person authorized by him under section 377(b) of the Criminal Procedure Code [Act 593].

Rules 29.―(1) A Regional Corridor Development Authority may, with the approval of the Majlis Mesyuarat Kerajaan Negeri, make such rules as it may deem expedient or necessary to carry out the purposes and provisions of this Ordinance and for the discharge or performance of its functions and duties and the exercise of its powers.

Without prejudice to the generality of subsection (1), such rules may provide for—