* East Coast Economic Region Development Council Act 2008

Original Language Title: * East Coast Economic Region Development Council Act 2008

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Laws of MALAYSIA Malaysian law _ _ _ _ _ _ _ _ _ _ _ _ _ ONLINE VERSION of the PRINT TEXT that UPDATE _ _ _ _ _ _ _ _ _ _ _ _ _ Act COUNCIL ACT 688 EAST COAST ECONOMIC REGION DEVELOPMENT 2008 As at 1 April 2015 2 ACT COUNCIL EAST COAST ECONOMIC REGION DEVELOPMENT 2008 the date of Royal Assent......... February 20, 2008 the date of publication in the Gazette......... February 25, 2008 3 laws of MALAYSIA Act COUNCIL ACT 688 EAST COAST ECONOMIC REGION DEVELOPMENT 2008 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation 3. General assurance that the power of the State and other government entities are not affected 4. East Coast economic region PART II COUNCIL 5. Formation of the Council 6. Objectives of Council 7. The functions of the Council 8. Powers of Council 9. Additional functions and powers of the Council 10. Membership of the Council of 11. Alternate member Council 12. The Council may establish committees 13. Delegation of functions and powers of the Council 4 laws of Malaysia ACT 688 PART III CHIEF EXECUTIVE, officers and SERVANTS of the COUNCIL section 14. Chief Executive Officer 15. Recruitment officers and servants of the Council 16. Financial assistance to officers and servants and their dependents PART IV MASTER PLAN EAST COAST ECONOMIC REGION 17. Master plan East Coast economic region 18. Consultations with State Government 19. Approval and adoption of the master plan East Coast economic region 20. The review and variation of master plan East Coast economic region 21. Duty to pay attention to the master plan East Coast economic region 22. Strategic development of the prescribed part V directions, DEVELOPMENT POLICIES and STRATEGIES in the EAST COAST ECONOMIC REGION 23. Responsibilities of the Council 24. Responsibility of government entities DIVISION VI COORDINATION BETWEEN GOVERNMENT ENTITIES in the EAST COAST ECONOMIC REGION 25. Main coordinator agency 26. Arrangement with government entities 27. The Council can get information from government entities Development Council East Coast economic region 5 Section 28. Implementation Committee and coordination PART VII finance 29. The Fund 30. Expenses shall be charged on the Fund 31. The authority to authorize expenditures from the Fund 32. Conservation Fund 33. 34. Special Fund 35 reserve fund. 36 bank accounts. The power to impose fees 37. Power to borrow money memperdapatkan and 38. 39 investment. Expenses and the preparation of the estimate of 40. Financial year 41. Act statutory bodies (accounts and annual reports) 1980 PART VIII OFFENCES and PENALTIES 42. Fault for not disclose interest 43. Obligations of confidentiality 44. Offence for giving false or misleading information 45. Errors due to modify without power information in the custody of the Tribunal 46. Offences by body corporate and employee 6 laws of Malaysia ACT 688 PART IX GENERAL PROVISIONS Section 47. Statements, reports, accounts and information 48. The power to establish the company 49. Power to employ professional 50. Protection against legal action and legal proceedings 51. Public authorities Protection Act 1948 52. 53 public servants. The power to make regulations 54. Things done in anticipation of this Act are made 55. Provision of saving FIRST SCHEDULE SECOND SCHEDULE of the THIRD SCHEDULE of the 7 laws of MALAYSIA Act COUNCIL ACT 688 EAST COAST ECONOMIC REGION DEVELOPMENT 2008 an act to form a Council of East Coast economic region Development, to provide about directions, appropriate policies and strategies relating to the development in the East Coast economic region, to provide for the coordination between government entities to promote trading activities , investment, tourism and development in the East Coast economic region, and to provide for matters connected or incidental thereto.

[June 13, 2008, P.U. (B) 244/2008]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Act Council of East Coast economic region Development 2008.

(2) of this Act come into force on such date as the Prime Minister, after consultation with the authorities of the State of Kelantan, Terengganu, Pahang and Johor, by notification in the Gazette.


8 laws of Malaysia ACT 688 interpretation 2. In this Act, unless the context otherwise requires — "Member" means a member of the Council appointed under subsection 10 (1) and includes alternate member appointed under section 11;

"Government entity" means — (a) the Federal Government, any State Government or local government; and (b) any Ministry, Department, Office, agency, authority, Commission, Board, Council, Committee or other body, incorporated or unincorporated, for the Federal Government, any State Government or local government, whether established under any written law or otherwise;

"Committee" means a Committee appointed under section 12;

"Implementation Committee and coordination" means the Coordination and implementation of the Committee appointed under section 28;

"Chief Executive Officer" means the Chief Executive appointed under subsection 14 (1) and includes an officer directed to perform the duties of the Chief Executive under subsection 14 (6);

"Fund" means the Fund East Coast economic region Development established under section 29;

"Council" means the Council of the East Coast economic region Development established under section 5;

Council of East Coast economic region Development 9 "master plan East Coast economic region" means the East Coast economic region Plan prepared pursuant to section 17 and including any variation to the Masterplan;

"Chairman" means the Chairman of the Council appointed under paragraph 10 (1) (a);

"East Coast economic region" means an area declared under section 4.


General assurance that the power of the State and other government entities are not affected 3. (1) there is nothing in this Act shall be construed as to reduce or limit the powers, functions, rights, authority, duties and responsibilities of the States of Kelantan, Terengganu, Pahang and Johor, and any other government entity.

(2) the provisions of this Act shall be read together with any written law relating to the States of Kelantan, Terengganu, Pahang and Johor, and any other government entity and does not reduce the powers, functions, rights, authority, duties and responsibilities given to the States of Kelantan, Terengganu, Pahang and Johor, and any government entities under any written law.


East Coast economic region 4. For the purposes of this Act, be declared an area which shall be known collectively as the "East Coast economic region" consisting of the States of Kelantan, Terengganu, Pahang and the District of Mersing in Johor State.






10 laws of Malaysia ACT 688 PART II COUNCIL of the establishment of the Council 5. (1) a body corporate by the name of "Council of the East Coast economic region Development" was established.

(2) the Council shall have perpetual succession and has a seal.

(3) Council may sue and be sued in his own name.

(4) the Council may, subject to and for the purposes of this Act, upon such terms as he thinks fit by the Council — (a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy any movable property description and immovable and liable for or otherwise acquire and hold any securities; and (c) memindahhakkan, assign, surrender, refund, charge, mortgage, mendemiskan, assign it, transferred, disposed of, or otherwise make any arrangements regarding, any movable or immovable property, including securities, or any other interests vested in the Council.


The objectives of the Council 6. The objectives of the Council are as follows: the East Coast economic region Development 11 (a) to stimulate, encourage and accelerate the growth of the East Coast economic region with a fair and sustainable way;

(b) to stimulate, encourage and accelerate the development of East Coast economic region in order to become a world-class economic region and destinations to invest, work and residence; and (c) to ensure that social development and sustainable development were given priority in moving the economic growth in the East Coast economic region.


Functions of Council 7. Subject to section 23, the Council shall perform the following functions: (a) to set the direction, policies, strategies and initiatives relating to the development in the East Coast economic region and the implementation of the master plan East Coast economic region;


(b) to encourage, stimulate, facilitate, coordinate, evaluate and review any development in the East Coast economic region undertaken by any Government entity, or body or person, whether local or foreign, and participate in developing the East Coast economic region, including — (i) the development of the economy such as tourism and agricultural development including modernize, diversify and commercialisation of the agricultural sector;

12 laws of Malaysia ACT 688 (ii) development of industry and Commerce such as oil and gas and petrochemical, manufacturing and other industries and activities and new industries with higher added value;

(iii) social development such as public health and the development of medical and health facilities and the development of the arts, and cultural activities, sports and recreation;

(iv) human resource development such as the development of public education and the development of educational facilities, including vocational and technical institutions and centres of excellence for research, teaching and training; and (v) development of infrastructure such as the development of investment and logistics, duty free area, residential areas and public facilities, and property development;

(c) to plan, implement in stages, coordinate, and evaluate and review any activities undertaken by any Government entity, or body or person, whether local or foreign, in the East Coast economic region deemed by the Council as having strategic importance to the country or beneficial to the country in order to achieve the objectives of the Council;

(d) to implement the strategies and initiatives for the development of trade and marketing in the East Coast economic region;

(e) to provide advice and consultation relating to investment or potential investment in the East Coast economic region Development Council — including the East Coast economic region 13 (i) to advise any government entities about the incentives can be given to investors;

(ii) to approach directly or indirectly any investors or potential investors, whether local or foreign, with a view to encouraging private sector investment in the East Coast economic region; and (iii) to hold and keep the review criteria for incentives is managed and administered directly and exclusively by the Council with the approval of the Federal Government, from time to time, to be given to the investors in the East Coast economic region, and to process and evaluate for the granting of any incentives to eligible investors;;

(f) to identify the skills required to continue and expand the economy of the East Coast economic region and developing strategies and initiatives to ensure that the skills can be developed and nurtured;

(g) to integrate scientific research and technology with the exploitation of the research results on a commercial basis in the framework of the East Coast economic region economy;

(h) to carry out research, review, and collect the check and analyze information, statistics and factors that affect or are related to the development, business or investment in the East Coast economic region, and to publish and disseminate information, statistics and the factor to any Government entity, body, person and 14 laws of Malaysia ACT 688 investors or potential investors, whether local or foreign;

(i) to set policies, directions, strategies and initiatives relating to sustainable development, including the protection, management and conservation of the environment in the East Coast economic region; and (j) to do all things expedient, beneficial or necessary for, or incidental to, addition to or arising from, the implementation of the functions of the Council and Council that appropriate and effective in order to achieve the objectives of the Council and to carry out the purposes of the act better.


The power of the Council 8. The Council has the power to do all things reasonably necessary or expedient or advantageous for the purpose of fulfilling the functions of the Council, or incidental to, addition to or arising from, the implementation of the Council's functions, and the exercise of such authority, and the Council for an appropriate and effective, in order to achieve the objective of the Council and to carry out the purposes of the Act by better, and in particular, but without prejudice to the generality of the foregoing : (a) subject to the approval of the Federal Government, to conduct or engage in any commercial activities, enterprises are looking for profit, partnership, joint venture, equity joint venture or any arrangement for profit sharing, a combination of interests, reciprocal concession or otherwise to work with, to act as authorized agents for, in association with or on behalf of, any Government entity, or body or person, whether local or foreign , for the purpose of carrying out development activities in the East Coast economic region;

Council of East Coast economic region Development 15 (b) to take or otherwise acquire shares and securities of any company or business, activities or transactions that are managed, directly or indirectly, for achieving the objectives of the Council, and to sell, hold or reproduce with or without guarantee or otherwise manage any shares and securities, or to bear or otherwise hold any shares and securities and to dispose of any shares and securities upon such terms as may be determined by the Council;

(c) for mendayausahakan and to conduct studies on areas that can be developed and redeveloped and to propose plans that outline the activities of the development or redevelopment, including identifying suitable locations and other important variables for that purpose, and to conduct studies to determine whether the undertaking and conduct development projects or redevelopment can be implemented;

(d) to make recommendations and to provide consultancy and advice on the implementation of policies, legislation and action, and standards, guidelines, best practices, and administrative processes and procedures, standard to be used by any government entities, bodies and persons, whether local or foreign, for the purpose of promoting the development of East Coast economic region;

(e) to encourage, recommend, providing facilities for, give support to, coordinating, organizing, developing and undertaking strategies and initiatives to enhance their competitiveness at the international level for goods and services in the East Coast economic region, including strategies and initiatives relating to — 16 laws of Malaysia ACT 688 (i) development of regional brand world-class firm;

(ii) dissemination of best practices or modern or international standard for adoption by manufacturers or service providers;
and (iii) achievements accreditation or certification by the business internationally;

(f) to identify the infrastructure necessary to ensure East Coast economic region economic sustained and expanded in accordance with the master plan East Coast economic region;

(g) to receive and channel any funds appropriated by Parliament for the provision of infrastructure in the East Coast economic region and to monitor the construction, implementation, operation and maintenance of the infrastructure;

(h) to establish, manage and operate any investment funds, whether relating to property, bonds, stocks, shares, securities or otherwise, and to dissolve the investment fund upon such terms as may be determined by the Council;

(i) to develop, promote, recommend, providing facilities for, organizing, coordinating and undertaking initiatives for social development with the aim of reducing poverty and narrowing the income gap in the East Coast economic region; and (j) to make recommendations to the Government of the State of Kelantan, Terengganu, Pahang and Johor and local authorities in the East Coast economic region in relation to the functions and Council services East Coast economic region Development 17 local government including local planning controls and pengawalseliaannya, approval or control over all the building and operation of the building, repair and removal of building nearly destroyed and dangerous , and prohibition of construction, closure and demolition of buildings of type, design, façade or appearance within the East Coast economic region.


Additional functions and powers of the Council 9. (1) in addition to the functions given to and the powers vested in the Council under this Act — (a) the Council shall perform any other functions and exercise such other powers granted to the Council under any written law;

(b) Council may perform any other functions and exercise such other powers conferred by or vested in the Council by the Federal Government, the State Government of Kelantan, Terengganu, Pahang, Johor, or or any other government entity;


(c) subject to subsection (3), the Council may spend any money received by the Council from the Federal Government, the State Government of Kelantan, Terengganu, Pahang, Johor, or any other government entity, or body or person, whether local or foreign, to carry out any other functions and exercise such other powers for which the money was received by the Council; and (d) the Council may perform any other functions and exercise such other powers incidental to, in addition to or as a consequence of such functions and powers specified in this section.
18 laws of Malaysia ACT 688 (2) in carrying out its functions and extra power under subsection (1), the Council shall be deemed to fulfil its objectives under this Act, and the provisions of this Act shall apply to the Council in respect of the implementation of the functions and the exercise of that power.

(3) all money received and expended under this section shall be kept in special funds under section 33, separately and separated from the Fund.


Membership of the Council 10. (1) the Council shall consist of the following members: (a) the Chairman, who is to be Prime Minister;
(b) the Deputy Prime Minister;

(c) the Chief Minister of Kelantan, Terengganu, Pahang and Johor;

(d) two Federal Ministers who shall be appointed by the Prime Minister;

(e) a representative of the public service who shall be appointed by the Prime Minister; and (f) two members from the private sector with experience and appropriate qualifications, which shall be appointed by the Prime Minister.

(2) the Chief Executive shall be the Secretary of the Council.

(3) the provisions of the first schedule shall apply to the Council.

(4) the Prime Minister may, from time to time, by order published in the Gazette, amend the first schedule.


Council of East Coast economic region Development 19 alternate member Council 11. (1) subject to the approval of the Prime Minister, any member of the Council appointed under paragraph 10 (1) (c), (d) and (e) may appoint an alternate member to attend meetings of the Council in the absence of members of the Council.

(2) when attending meetings of the Council as the successor to a member, the alternate member shall for all purposes be deemed to be a member of the Council for the meeting in respect of which he was appointed as alternate member of that.


The Council may establish committees 12. (1) the Council may establish such committees as it considers necessary or expedient by the Council to assist the Council of its functions and exercise of its powers under this Act.

(2) the Council may elect any of its members to be the Chairman of any Committee.

(3) the Council may appoint any person to be a member of any Committee.

(4) the Membership of a Committee could include an individual or more from the private sector.

(5) the provisions of the Second Schedule shall apply to a Committee.

(6) the Council may, from time to time, by order published in the Gazette, amend the second schedule in relation to a Committee.




20 laws of Malaysia ACT 688 Representation functions and powers of the Council 13. (1) the Council may, in writing, delegate any of its powers and functions, other than the power to borrow money or to memperdapatkan loan — (a) the Chairman;
(b) to one Councilman;
(c) to a Committee;
(d) to the Implementation Committee and coordination;
(e) to the executive head; or (f) to an officer of the Council.

(2) the Chairman, a member of the Council, a Committee, implementing Committee and coordination, the executive head or an officer of the Council has delegated any function or power by the Council is bound to observe and take into account all the conditions, restrictions and other requirements imposed by the Council and all procedures and matters specified by the Council in the discharge of any function or power delegated it.

(3) any function or power delegated under this section shall be implemented and carried out in the name of and on behalf of the Council.

(4) a delegation under this section shall not prevent the Council from performing or conducting himself at any time any function or power delegated it.







Council of East Coast economic region Development 21 PART III, CHIEF EXECUTIVE OFFICER and Executive General COUNCIL SERVANTS 14. (1) the Council may appoint a Chief Executive of the Council on such terms as the Council may consider appropriate.

(2) the Chief Executive shall be responsible for — (a) the conduct, administration and general management functions, activities and day-to-day Affairs Council;

(b) preparation of programmes, schemes and projects for the consideration of the Council;

(c) the implementation of all programmes, schemes and projects of the Council;
(d) marketing and promotion East Coast economic region; and (e) implementation of Council decisions.
(3) the Chief Executive shall be responsible and shall have general control over the officers and servants of the Council.

(4) the Chief Executive shall perform any other duties as directed by the Council from time to time.

(5) in discharging its duties, the Chief Executive shall act under the authority and the General instructions of the Council.

(6) in the event of vacancy in the post of the Chief Executive or the Chief Executive not available in Malaysia on a temporary basis or temporarily incapacitated due to illness or for any other reason to carry out its work, the Chairman may direct any officer of the Council to perform the duties of the Chief Executive, including the Secretary of the Council, of 22 laws of Malaysia ACT 688 during the vacancy, absence or inability in the meantime.


Recruitment officers and servants of the Council 15. (1) the Council shall establish a scheme of service and may, from time to time, employ any number of officers and servants as may be deemed appropriate and necessary by the Council for the scheme of service and upon such terms, including terms regarding salaries, allowances and other expenses deemed appropriate by the Council, to carry out the purposes of this Act.

(2) No person shall be eligible to be employed as officers or servants of the Council if he has, directly or indirectly, by himself or through any person or a third party, any share or interest in any contract or proposed contract with, for or on behalf of the Council.


Financial assistance to officers and servants and their dependents 16. The Council can provide financial assistance to the following upon such terms as may be determined by the Council: (a) the payment of retirement benefits, gratuity, allowance and other expenses as determined by the Council to the Chief Executive officers and servants of the Council;

(b) subsidies, grants, financing or credit facilities, with or without interest, for the purpose of purchasing homes and vehicles, and financing or loan courtesy of the other, to the Chief Executive officers and servants of the Council; and the East Coast economic region Development 23 (c) subsidies, grants, financing or credit facilities, with or without interest, for the purpose of medical education or scholarships to the executive head, officers and servants of the Council, and their dependents.

PART IV MASTER PLAN EAST COAST ECONOMIC REGION master plan East Coast economic region 17. (1) the Council shall prepare a draft master plan East Coast economic region for East Coast economic region.

(2) the Council shall, in the draft master plan East Coast economic region, summarize with such details as may be thought fit by the Council the following: (a) proposals for the framework, vision and overall objectives for East Coast economic region development, which shall include objectives and strategies for the development of the physical, economic and social at the East Coast economic region;

(b) proposals for the planning and implementation of initiatives in the East Coast economic region for the realization of objectives and strategies referred to in paragraph (a) which shall include initiatives relating to but not limited to the following: (i) the objectives, functions, powers, and functions and the extra power of the Council under section 6, 7, 8 and 9, respectively;

(ii) development and expansion of the tourism industry;

24 laws of Malaysia ACT 688 (iii) improvement, expansion, centralization, coordination and improved management of oil and gas and petrochemical industries;

(iv) development of industrial sector, including the development of industries with higher added value and new industries;

(v) relevant human capital development by sector or by industry, which includes activities relating to education, training and research;

(vi) development of the agricultural sector, including modernize, diversify and commercializes them;

(vii) quality improvement environment of residence in the East Coast economic region;

(viii) the management and improvement of social development in the East Coast economic region;

(ix) the management of the use of land in the East Coast economic region;


(x) performance or increase competitive advantage at the international level for goods and services in the East Coast economic region, including activities with regard to branding, research, accreditation to international standards and international markets;

(xi) the attraction of investment in agriculture, manufacturing and services in the East Coast economic region;

Council of East Coast economic region Development 25 (xii) provision of incentives for the agriculture, manufacturing and services in the East Coast economic region;

(xiii) preparation, integration, improvement, expansion, centralization, coordination and enhancement of management and monitoring infrastructure facilities and services at the East Coast economic region; and (xiv) transit oriented development promotion in the East Coast economic region;

(c) objectives and strategies for the development and improvement of infrastructure, transportation and logistics services in the East Coast economic region, including but not limited to the following: (i) an increase in the internal transportation network, in the national and international for the movement of goods and people; and (ii) the preparation and management of an integrated public transport system, can be coordinated and mutually connected; and (d) action and initiatives to protect, manage, conserve, preserve, enhance, and develop sustainable natural resources environment, agricultural resources, coastal ecosystems, high-sensitive land, forests, parks and open spaces in the East Coast economic region, including but not limited to the following: (i) protection of sensitive environmental areas described in national physical plan under the town and country planning Act 1976 [Act 172]; and 26 laws of Malaysia ACT 688 (ii) repair of water management, energy and waste in the East Coast economic region.

(3) the draft master plan East Coast economic region shall contain, or accompanied by, any maps, diagrams, illustrations, reports, drawings, models and any substance other description as Council considers appropriate for the purpose of explaining or describing the proposed in draft master plan East Coast economic region, or in any particular case specified in the instructions given by the Kelantan State Government Terengganu, Pahang, Johor or; and maps, diagrams, illustrations, reports, drawings, models and other description and instructions shall be considered to be part of the draft master plan East Coast economic region.


Consultations with State Government 18. (1) in formulating recommendations, objectives, strategies, initiatives and pedestal in the draft master plan East Coast economic region, the Council — (a) shall merundingi the State Government of Kelantan, Terengganu, Pahang and Johor;

(b) shall ensure that the proposals, objectives, strategies, initiatives and measures that generally adhere to the structure plan under the town and country planning Act 1976 for Kelantan, Terengganu, Pahang and Johor respectively in force, whether it was implemented or not; and (c) must take into account — (i) any information and other considerations which in the opinion of the Council is related;

Council of East Coast economic region Development 27 (ii) any information and other considerations as directed by the State Government of Kelantan, Terengganu, Pahang, Johor or so given attention in connection with any suggestions, objectives, strategies, initiatives and measures that affect the respective State; and (iii) national policies and policies of each respective State.

(2) any government entities can provide any feedback concerning the role and functions of the Government entities in the East Coast economic region to the Council for the purposes of the formulation of the Council recommendation, objectives, strategies, initiatives and measures in the draft master plan East Coast Economic Plan.


Approval and adoption of the master plan East Coast economic region 19. (1) After providing the draft master plan East Coast economic region, the Council shall submit the draft master plan East Coast economic region to Kelantan, Terengganu, Pahang and Johor for approval.

(2) the Government of the State of Kelantan, Terengganu, Pahang, Johor or can only withhold his approval on the draft master plan East Coast economic region that if the Government in Kelantan, Terengganu, Pahang, Johor or argue that the draft master plan East Coast economic region that or any part thereof is not prepared in accordance with the requirements of sections 17 and 18.

(3) for the avoidance of doubt, notwithstanding subsection (2), the Government of the State of Kelantan, Terengganu, Pahang, Johor or not can withstand his approval if any of the requirements of section 17 or 18 that in the opinion of the Government of the State of Kelantan, Terengganu, Pahang, Johor has not complied with or is in respect of — (a) a matter not related to their respective State;
28 laws of Malaysia ACT 688 (b) a matter included in the Federal List in the ninth schedule of the Constitution;
or (c) a matter belonging to the terms of reference or the exclusive responsibility of the Federal Government.

(4) the Council shall publish the fact that the draft master plan East Coast economic region was approved by the State Government in Kelantan, Terengganu, Pahang and Johor — (a) on the internet web site of the Council, in the national language and English, together with the master plan of the East Coast economic region; and (b) in three output at least one local mainstream newspaper in the national language and one in English, which contains indicators through it master plan East Coast economic region approved it can be known and a statement about the time and place where master plan East Coast economic region can be viewed.

(5) after the master plan East Coast economic region approved by the State Government in Kelantan, Terengganu, Pahang and Johor — (a) in relation to any area in the East Coast economic region a local plan for him has not got the agreement of the State authorities under the town and country planning Act 1976, State Planning Committee for the area shall give an instruction to the local planning authority under paragraph 12 (3) (b) and subsection 12 (8) town and country planning act 1976 to incorporate into the draft local plan for the area of any master plan content coast economic region Development Council 29 East Coast economic region East as it considers relevant or appropriate by the State Planning Committee; and (b) in relation to any area in the East Coast economic region that local plans which have received the approval of the State authority under the town and country planning Act 1976, State Planning Committee for the area shall give an instruction to the local planning authority under subsection 16 (2) town and country planning Act 1976 to change the local plan by inserting any content master plan East Coast economic region as it considers relevant or appropriate by the State Planning Committee.


The review and variation of master plan East Coast economic region 20. (1) the Council or the Government of the State of Kelantan, Terengganu, Pahang, Johor or can suggest any of the revision of or alteration to the master plan East Coast economic region, and the Council and the Government of the affected State Association can review or change the master plan East Coast economic region.

(2) sections 17, 18 and 19 shall apply, with the necessary modifications, in respect of a review and a variation of the master plan East Coast economic region as that section applies in relation to the preparation of draft master plan East Coast economic region and followed by a State Government that is affected by the review and variation of the approve and adopt the draft master plan of the East Coast economic region.




30 laws of Malaysia ACT 688 duty to pay attention to the master plan East Coast economic region 21. Every Government entity, any body or person, whether local or foreign, obliged to pay attention to, and act in a manner consistent with the contents of the master plan East Coast economic region, whether or not included in local plans pursuant to subsection 19 (5) — (a) in relation to any Government entity, in carrying out the functions and duties of the Government entities, and in exercise of the powers of the Government entities in the East Coast economic region; and (b) in relation to any Government entity, or body or person, whether local or foreign, in making any recommendations for development or other activities, or in conducting any development or other activities, in the East Coast economic region.


Strategic development set 22. (1) the authority of the State of Kelantan, Terengganu, Pahang, Johor or, according to circumstances, may, upon request of the Council, publish in the Gazette the State concerned — (a) any activity in the East Coast economic region that may have impact on economic

important for the East Coast economic region as a strategic development activities as may be determined;

(b) any area or areas within the State in the East Coast economic region that may have a significant economic impact for East Coast economic region as a strategic development area as may be determined;
and the East Coast economic region Development 31 (c) any strategic development activities specified in any strategic development areas specified.

(2) any Government entity, or body or person, whether local or foreign, who intend to carry out any strategic development activities prescribed, or any development in the strategic development areas specified, or any strategic development activities specified in any area specified, strategic development should be first of all to refer to the development proposal to the Council for the Council's instructions prior to submitting the development proposal for the approval of the relevant authorities.

(3) Council shall give directions under subsection (2) for the purposes of ensuring compliance and consistency with the content of the master plan East Coast economic region whether or not included in a local plan in accordance with subsection 19 (5).

Part V directions, DEVELOPMENT POLICIES and STRATEGIES in the EAST COAST ECONOMIC REGION responsibilities of the Council 23. In the performance of its functions and exercise of its powers under this Act, it is the responsibility of the Council — (a) to ensure that such functions are performed and that power is carried out in such a way that can ensure the success of the policy of the Federal Government and the Government of the State of Kelantan, Terengganu, Pahang and Johor in force and in particular policies relating to development in the East Coast economic region in accordance with the master plan East Coast economic region;
32 laws of Malaysia ACT 688 (b) with respect to the strategy for planning the development and use of land and buildings, to pay attention to and act in accordance with the general framework of — (i) the national policy for development and land use control; and (ii) the Government's general policies of the State of Kelantan, Terengganu, Pahang and Johor; and (c) to coordinate his actions with the merundingi and the Government of the State of Kelantan, Terengganu, Pahang and Johor and any government entities — (i) that has responsibility over the East Coast economic region in which the Council intends to carry out its activities; or (ii) a vest with the functions and powers equal to the Council for any matter which the Council intends to operate in the East Coast economic region.


Responsibility of government entities 24. Every Government entity shall be liable — (a) to cooperate with and assist the Tribunal in carrying out its powers and functions under this Act;

(b) if applicable, to refer to and use information, statistics and factors that disseminated by the Council; and (c) to give consideration to policies and laws that proposed Development Council East Coast economic region 33 so worn and the action is proposed to be carried out to East Coast economic region as recommended by the Council.

PART VI COORDINATION BETWEEN GOVERNMENT ENTITIES in the EAST COAST ECONOMIC REGION main Coordinator Agency 25. (1) the Council shall, in coordinating the implementation of activities undertaken by any Government entity in the East Coast economic region — (a) acts as the main coordinator or agent authorized agent on behalf of the relevant government entities to receive, process and expedite the approval and administrative action necessary in connection with the application for approval in respect of which the Council has made an agreement or arrangement under section 26; and (b) provide management services and assistance to the Government of the State of Kelantan, Terengganu, Pahang and Johor in connection with matters relating to land in the East Coast economic region.

(2) the Council may, in carrying out its role referred to in paragraph (l) (a) — (a) impose on the applicant any fees, costs, contribution or any other charges as may be prescribed in respect of the services provided by the Council; and (b) on behalf of the relevant government entities, collecting from the applicant any fees, costs, contribution or any other charges as may be legally required in 34 laws of Malaysia ACT 688 legally by the Government entities related to the application.

(3) for the purposes of this section, "approval" means any approval by any Government entity, whether under any written law or not, and includes approval for or in connection with the licence, permit, pass, registration, taxes, tax exemptions and incentives, required or related to trade, investment and development in the East Coast economic region.


Arrangement with government entities 26. (1) subject to subsection (2), the Council can make an agreement or arrangement with any government entities in respect of — (a) the exercise by the Council and the Government entities are any of the functions and powers of their respective;

(b) the conduct or preparation by the Council of the Government, or by the Council for government entities, any work or service; or (c) collection by the Council on behalf of the Government entities that any fees, costs, contribution or any other charges as required, charged or imposed in legal act by the Government entities.

(2) any agreement or arrangement made under subsection (1) — (a) shall be with the agreement of the Prime Minister in the case of a Government entity for the Federal Government;

(b) shall, with the agreement of the authorities of the State of Kelantan, Terengganu, Pahang, Johor or in the case of Council of East Coast economic region Development 35 a Government entity for the Government of the State concerned; and (c) are subject to and shall be in accordance with the law governing the powers and functions of the relevant government entities.


The Council can get information from government entities 27. To enable the Council to implement the functions and powers and its role as the main coordinating agency effectively, the Council can get from — (a) any Government entity, any help and any information that is in the possession of the Government entities as required by the Council; and (b) any Government entity, and body and others, whether local or foreign, engaged in conduct or intend to carry out development in the East Coast economic region, any reports, containing such particulars and information as may be specified by the Council, in respect of the activities or activities proposed by government entities, bodies and others that.


Implementation co-ordination Committee 28. (1) the Council shall appoint a Committee for the implementation and Coordination of each State of Kelantan, Terengganu, Pahang and Johor.

(2) implementation co-ordination Committee for each State of Kelantan, Terengganu, Pahang and Johor shall consist of a Chairman and members appointed by the Prime Minister after merundingi Chief Minister of the State.
36 laws of Malaysia ACT 688 (3) membership of a Committee implementation and Coordination may include an individual or more from the private sector.

(4) a member of the Implementation Committee and coordination for each State of Kelantan, Terengganu, Pahang and Johor may appoint an alternate member to attend meetings of the Implementation Committee and coordination on his behalf if the Member, for any reason, is unable to attend and the alternate member shall attend the Committee meetings during implementation and the Coordination for all purposes be deemed to be members of the Implementation Committee and the Coordination.

(5) implementation co-ordination Committee for each State of Kelantan, Terengganu, Pahang and Johor shall be liable — (a) to identify the proposed development and major investments and strategic in the East Coast economic region in respect of their respective States;

(b) to monitor the status of all applications in relation to the proposed development and major investments and strategic identified pursuant to paragraph (a);

(c) for co-ordinating the roles and activities of all relevant government entities to expedite the implementation of the proposed development and major investments and strategic identified pursuant to paragraph (a);

(d) to contact the Council or any of its representatives on the status of implementation of the proposed development and major investments and strategic identified pursuant to paragraph (a);

(e) to identify any difficulties or issues that arise during the implementation of the proposed development and the East Coast economic region Development 37 major investments and strategic identified pursuant to paragraph (a);

(f) to take or recommend administrative action or steps for resolving difficulties or issues identified pursuant to paragraph (e); and


(g) to perform any other function or duties as directed by the Council.

(6) the provisions of the Second Schedule shall apply to the Implementation Committee and coordination.

(7) the Council may, from time to time, by order published in the Gazette, amend the second schedule in relation to the Implementation Committee and coordination.

PART VII FINANCIAL Fund 29. (1) a fund known as the "Development Fund East Coast economic region" which shall be governed and controlled by the Council is established.

(2) the Fund shall consist of — (a) any sum of money allocated by Parliament for the purposes of this Act, from time to time;

(b) all monies earned from handling any project, scheme or Enterprise financed out of the Fund;

(c) all monies earned or generated from any property, investments, investment funds, mortgages, 38 laws of Malaysia ACT 688 charges or debentures acquired by or vested in the Council;

(d) any property, investments, investment funds, mortgages, charges or debentures acquired by or vested in the Council;

(e) all monies earned from consultancy and advice and any other services provided by the Council;

(f) fees, costs, contributions and other charges imposed by the Council under this Act;

(g) all sums of money or other property, in addition to the amount of money referred to in paragraph 25 (2) (b), which is in any way become payable to or vested in the Council in respect of any matter incidental to the functions, powers and duties;

(h) any sum of money paid to the Council from time to time from loans made by the Council;

(i) the amount of money borrowed by the Council for the purpose of fulfilling any of its obligations or perform any of its obligations; and (j) all other money received in legal act by the Council.


Expenses shall be charged on the Fund 30. Fund shall be expended for the purposes of the following: the East Coast economic region Development 39 (a) pay any expenses, costs or other expenses lawfully incurred or is received by the Council in the performance of its functions or exercise of its powers under this Act, including the fees and the cost of survey and legal fees and other costs;

(b) purchase or rent a plant, equipment, machinery and materials, acquire land and other assets, and to erect the building, and carry out any work and undertaking other in performing functions or exercising the power of the Tribunal under this Act;

(c) repaying any moneys borrowed under this Act and the interest incurred on money borrowed it;

(d) pay allowances and other expenses councilman, implementation co-ordination Committee and any Committee, and any person invited to attend the Council meeting, the Implementation Committee and coordination and of any Committee;

(e) pay the remuneration, allowances and expenses of other chief executives, officers and servants of the Council, including lending and advance payment, retirement allowance, retirement benefits, pensions and remuneration;

(f) to provide financial assistance or credit facilities, with or without interest, or any contribution, for the purpose of education or scholarship or for any other purpose approved by the Council to any person;

(g) contributions and donations to any person; and (h) generally pay any expenses for carrying out the provisions of this Act.


40 laws of Malaysia ACT 688 Power to allow expenses out of the Fund as of 31. (1) without prejudice to section 13 and the other provisions of this Act, the Council may delegate to the Chairman, a member of the Council, implementation co-ordination Committee, a Committee, the executive head or an officer of the Council, the power to authorize expenditure of the Fund or any other vested in and under the control of the Council to the extent determined by the Council.

(2) the Chairman, a member of the Council, implementation co-ordination Committee, a Committee, the executive head or an officer of the Council, which is empowered to authorize any expenditure from the Fund shall be bound to observe and take into account all conditions and restrictions imposed by the Council and all the requirements, procedures and matters specified by the Council.

(3) the authority to authorize expenditures from the Fund has been delegated under this section shall be implemented and carried out in the name of and on behalf of the Council.

(4) a delegation of the power to authorize expenditures from the Fund under this section shall not prevent the Council from performing or conducting himself at any time functions or powers delegated it.


Conservation Fund 32. Be the duty of the Council to safeguard the Fund with the performance of its functions and exercise of its powers under this Act in such a way so as to ensure that the Council's total revenue is sufficient to pay all sums charged with the necessary revenue account, including depreciation and interest on capital, from year to year.



Council of East Coast economic region Development 41 33 special funds. (1) the Council shall establish, adopt and manage a Fund for the purpose specified in the third schedule.

(2) Special Fund Account under subsection (1) shall be kept separately and separated from the account of the Fund.

(3) the Prime Minister may, from time to time, by order published in the Gazette, amend the third schedule.


Reserve Fund 34. The Council shall establish and manage a fund the reserve fund.


Bank accounts 35. The Council shall open and maintain an account or accounts with any bank in Malaysia as the Council may think fit, and every account must be handled at the earliest time that can be by cheque signed by any person authorized by the Council in that behalf from time to time.


The authority to charge a fee 36. (1) Notwithstanding anything else in this Act on the Council's power to impose fees, costs or any other charges, the Council may impose any fees, costs or other charges the Council considers appropriate for any made by the Tribunal under this Act in order to achieve the objectives of the Council and to give effect to any of the functions or powers of the Council.

(2) if any person fails to pay such fees, costs and charges imposed by the Council, fees, costs and charges not 42 laws of Malaysia ACT 688 the paid-up shall be deemed as a debt due to the Council and can be made a claim to it and be obtained through the Court of the person.


Power to borrow and memperdapatkan money 37. The Council may from time to time, with the approval of the Prime Minister and Minister of finance, borrow, at such rate of interest and for such period and upon such terms about the time and manner of repayment, and creating or issued any debentures, stocks or any other financial instrument and otherwise as may be approved by the Prime Minister and Minister of finance, for the purpose of memperdapatkan any sums required by the Council to meet its obligations or discharging any of its obligations and includes for the purposes of special funds in pursuant to section 33.


38. Investment (1) the Council Money, as far as the money is not required to be expended by the Council under this Act, shall be invested in such manner as approved by the Prime Minister.

(2) subject to and in accordance with any written law, the Council may establish, manage and operate any investment funds according to specified purpose thereof, whether in relation to property, stocks, shares or otherwise, and to dissolve the investment fund upon such terms as may be determined by the Council.



Expenses and the preparation of the estimate of 39. (1) the expenditure of the Council to the extent of any amount allowed by the Prime Minister for any one year shall be paid out of the Fund.
Development Council East Coast economic region 43 (2) before the beginning of the month of September each year, the Council shall submit to the Prime Minister an estimate of expenses, including expenses for development projects, for the ensuing year in such form and containing such particulars as may be directed by the Prime Minister.

(3) the Prime Minister shall, before the beginning of the following year, told the Council the amount authorised for expenditure generally or the amount allowed for each description of expenditure.

(4) the Council may at any time submit to the Prime Minister a supplementary estimate expenses for any one year and Prime Minister can allow the whole or any part of the additional expenditure is included in the supplementary estimates.

(5) the Prime Minister may direct the Council to produce a copy of the estimates or supplementary estimates, as the case may be, to any other public authority as specified in the instructions.



Financial year 40. The financial year of the Council shall commence on 1 January and ends on 31 December of each year.


Act statutory bodies (accounts and annual reports) 1980 41. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Council. PART VIII OFFENCES and PENALTIES Offence for not disclose interest 44 the laws of Malaysia ACT 688 42. Any member of the Council who did not disclose his interest as required under paragraph 6 of the first schedule and any member of the Committee and the Implementation Committee and coordination that does not disclose his interest as required under paragraph 6 of the Second Schedule commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a period not exceeding two years or to both.


Obligations of secrecy 43. (1) except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any law, no member of the Council, members of the Implementation Committee and coordination, members of the Committee or any person invited to attend any meeting of the Council, implementation co-ordination Committee or any Committee, or Chief Executives or officers or servants of the Council be disclose or give or cause any person to disclose or give , any information or document that has been diperolehnya or against whom he or she has access while performing his duties and who is not published in accordance with this Act.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a period not exceeding two years or to both.



Offence for giving false or misleading information 44. (1) any person who disclose or give, or cause any person to disclose or give the information to the Council, which he knows or he has reason to believe is false or Council of the East Coast economic region Development 45 misleading commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.

(2) If a person who commits an offence under subsection (1) is a person who his profession regulated by any law, he shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

(3) any body corporate which disclose or provide, or result in any person or body corporate to disclose or give the information to the Council, which he knows or that the body corporate has reason to believe is false or misleading commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand dollars.


Errors due to modify without power information in the custody of the Council 45. (1) a person commits an offence if he commits any act or omission or cause any person to do any act or omission, which he knows will result in unauthorized modification of any information, statistics or other data, whether in electronic form or otherwise, in the possession, custody or control of the Council.

(2) for the purposes of this section — (a) it is immaterial that the Act or omission in question is not directed to — (i) any information, statistics or specific data;
(ii) any type of information, statistics or data; or (iii) any information, statistics or data stored in any specific location;

46 laws of Malaysia ACT 688 (b) it is immaterial whether a modification without the power to be, or intended to be, permanent or merely temporary; and (c) a modification, including any act or omission that contributed to the occurrence of its modifications, any information, statistics or data occur if — (i) information, statistics or data is altered or deleted;

(ii) information, statistics or data inserted or added to information, statistics or the data; or (iii) any event occurs that reduces the ability of the Council to gain access to information, statistics or data that.

(3) any person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit, or a fine not exceeding one hundred and fifty thousand dollars if the Act was done with intent to cause bodily injury as defined in penal code [Act 574].

(4) If a person who commits an offence under this section is the one that his profession is regulated by any law, he shall, on conviction, be liable to a fine not exceeding one hundred and fifty thousand ringgit, or a fine not exceeding two hundred thousand dollars if the Act was done with intent to cause bodily injury as defined in the Penal Code.
(5) any body corporate commits an offence under this section shall, on conviction, be liable to a fine not exceeding two hundred thousand dollars, or a fine not exceeding two hundred and fifty thousand dollars if the Act was done with intent to cause bodily injury as defined in the Penal Code.
Council of East Coast economic region Development 47 offences by body corporate and staff 46. (1) where a body corporate commits an offence under this Act, any person who at the time of the offence committed was a Director, Manager, Secretary or other similar officer of the body corporate or in purporting to act upon any such nature or with any way or up to any level is responsible for the management of any Affairs of the Corporation , or who assist in the management of the body corporate, shall be deemed to have committed the offence unless, having regard to the type of functions on the properties and all the circumstances, he proves — (a) that the offence was committed without the knowledge, consent or without him to leave it alone; and (b) that he took all reasonable steps and conducted all due diligence to prevent the offence from being done.

(2) if any person shall be liable to any penalty or penalties under this Act for any act, omission, neglect or default committed by him, he shall be liable to the same punishment or penalty for every act, omission, neglect or default of such work carried out by any servants or agents, or by employees of the agent, if the Act, omission, neglect or default that was done — (a) by an employee of that person in the course of the course of employment;

(b) by an agent acting on behalf of that person; or (c) by the agent in the course of managing the agent job or otherwise on behalf of the agent.

48 laws of Malaysia ACT 688 PART IX GENERAL PROVISIONS Statements, reports, accounts and information 47. (1) Council shall give to the Prime Minister, and any public authority as directed by the Prime Minister, any statements, reports, accounts and information concerning the property and activities of the Council as required or directed by the Prime Minister from time to time.

(2) without prejudice to the generality of subsection (1), the Council shall, as soon as practicable after the end of each financial year, cause to be made and sent to the Prime Minister and, if directed by the Prime Minister, to any other public authority a report which deals with the activities of the Council during the financial year the previous one.

(3) the report under subsection (2) shall be in such form and shall contain any information relating to the proceedings and Policy Council as prescribed by the Prime Minister from time to time.


The power to establish the company's 48. The Council shall have power to establish or promote, or encourage the establishment or enlargement of the company under the companies Act 1965 [Act 125] or other body — (a) to exercise any of the functions or the exercise of any power of the Council; or (b) to carry out and maintain, organize and manage any project, a scheme or enterprise that have been planned or carried out by the Council the Council of East Coast economic region Development 49 in the performance of its functions or exercise of its powers.


Power to take professional services 49. (1) the Council may employ, appoint and pay agents, contractors and technical advisers, including advocates and solicitors, bankers, surveyors, valuers and others, to conduct any business, and to carry out any project, scheme or enterprise.

(2) No person shall be eligible to take service pursuant to subsection (1) if he has, directly or indirectly, by himself or through any person or third party, any share or interest in any contract

or proposed contracts with, for or on behalf of the Council.


Protection against legal action and legal proceedings 50. No action, suit, prosecution or other proceedings may be taken or brought, instituted or made in any court against — (a) the Chairman;
(b) the Council;
(c) any member of the Council, any member of the implementation co-ordination Committee, or any member of the Committee;

(d) the executive head, any officers or servants of the Council; or (e) an agent of the Council or any other person lawfully acting on behalf of the Council, 50 laws of Malaysia ACT 688 in respect of any act, default, neglect or omission done by him in good faith in implementing the powers, functions and responsibilities under this Act on such properties.


Public authorities Protection Act 1948 51. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Council or against any member of the Council, any member of the implementation co-ordination Committee, any member of the Committee, or the Chief Executive or any officer, or servants or agents of the Council in respect of any act, default, neglect or omission done by him on such properties.


52 public servants. Every Member of the Council, implementation co-ordination Committee, any Committee, Chief Executive, any officers, servants or agents of the Council, while on their duties under this act as a member, Chief Executive Officer, such agents or servants, shall be deemed to be public servants within the meaning of the Penal Code.


The power to make regulations 53. The Council may, with the approval of the Prime Minister, make any regulations necessary or expedient to carry out the provisions of this Act, and without prejudice to the preceding, regulations may be made to impose fees, costs and any other charges under paragraph 25 (2) (a) and in such other matters as may be determined by the Council.


Council of East Coast economic region Development 51 things done in anticipation of this Act are made 54. All such acts and things done on behalf of the Council in preparation for or in anticipation of this Act made and any expenses incurred in relation thereto shall be deemed to have been authorized under this Act, provided that such acts and things done is in accordance with the intent and purpose of this Act is General; and all rights and obligations acquired or incurred as a result of the Commission of the Act or the thing include any expenses incurred in relation thereto shall be when this Act comes into force are deemed to be rights and obligations of the Council.


The provisions of the saving of 55. (1) the provisions of this Act shall not apply to or touching — (a) in relation to a Government entity — (i) any project undertaken by, or any projects approved or awarded to, any Government entity prior to the date of coming into operation of this Act;
and (ii) unless determined otherwise by the Prime Minister, any project for any Government entity in respect of which approval or award is anticipated at the date of coming into operation of this Act; and (b) in relation to a person — (i) any project undertaken by, or any projects approved or 52 laws of Malaysia ACT 688 awarded to, any person before the date of coming into operation of this Act; and (ii) any proposed project for any person in respect of which approval or award is anticipated at the date of coming into operation of this Act.

(2) the implementation or execution is continued for any project, or approval or award of any proposed project that is being awaited, except in respect of any proposed project related to it a direction has been made by the Prime Minister under subparagraph (1) (a) (ii), is not affected by the coming into operation of this Act and for such purpose shall be dealt with as if this Act was not made.



























Council of East Coast economic region Development 53 FIRST SCHEDULE [section 10] appointment, revocation and resignation 1. (1) appointment of a member of the Council under paragraph 10 (1) (d) and (e) the Act shall be for such period and subject to such terms as may be determined by the Prime Minister.

(2) a member of Council appointed under paragraph 10 (1) (f) of the Act shall, subject to such terms as may be specified in the instrument of appointment, hold office for a term not exceeding two years and shall be eligible for re-election for a maximum of three consecutive-term also.

(3) the appointment of any Member under paragraph 10 (1) (f) of the Act may at any time be revoked by the Prime Minister, without giving any reason for the revocation.

(4) a member appointed under paragraph 10 (1) (f) of the Act may at any time resign his Office by letter addressed to the Prime Minister.

Vacation of Office 2. Office of a member appointed under paragraph 10 (1) (f) of the Act be empty — (a) if he dies;
(b) if it has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption or under this Act; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to or in lieu of a fine) for more than two years;

(c) if he becomes bankrupt;
54 laws of Malaysia ACT 688 (d) if he is of unsound mind or otherwise unable to meet its obligations;
(e) if he fails to attend three consecutive meetings of the Council without the permission of the Chairman;

(f) if his resignation is accepted by the Prime Minister; or (g) if his appointment is revoked by the Prime Minister.
3 Council meeting. (1) the Council shall meet at any time and at any place determined by the Chairman.

(2) the Chairman shall preside at meetings of the Council or in the absence of the Chairman, the Deputy Prime Minister shall preside at the meeting.

(3) the Chairman who chaired the meetings of the Council and four other members shall form a quorum at any meeting of the Council.

(4) subject to subparagraph (5), the Chairman who chaired the meetings of the Council and every Member present at meetings of the Council shall be entitled to one vote.

(5) for the avoidance of doubt, in all meetings of the Council, the vote of the Chairman who chaired the meetings of the Council shall be counted as one.

(6) Council decisions shall be made by unanimous vote of members present and entitled to vote at the meeting in question.

The Council may invite others to meetings 4. (1) the Council may invite any other person to attend any meeting or deliberation of the Council for the purpose of advising the Council on any matter under discussion, but any person invited shall be entitled to vote at the meeting or deliberation.

(2) any person invited to attend any meetings or discussions the Council under subparagraph (1) may be paid such allowances and other expenses as determined by the Council.

A resolution without meeting 5. (1) a resolution is deemed to have been approved in a meeting of the Council if the Council — East Coast economic region Development 55 (a) all members of the Council have been told about the proposed resolution, or reasonable efforts have been taken to inform all members of the Council about the proposed resolution; and (b) without a meeting, all members of the Council indicate agreement with the ruling in the manner determined by the Council under subparagraph (2).

(2) subparagraph (1) applies only if the Council — (a) decided that the subparagraph is applicable; and (b) to decide on the method to it shall indicate agreement with Council members about the ruling.

Disclosure of interest 6. (1) any member of the Council who have or acquire an interest directly or indirectly by himself, through a member of his family or its affiliates with respect to any matter to be discussed or considered by the Council shall disclose to the Chairman who chaired the Council meeting, the fact his interest and the interest of the type.

(2) a disclosure under subparagraph (1) shall be recorded in the minutes of Council meetings in which the matter is discussed and considered and, after the disclosure, the Member — (a) shall not be present during any discussion or deliberation of the Council, or when the Council decided, when the matter is discussed or considered, or disconnected;
and


(b) shall not be counted for the purpose of forming a quorum of the Council when the matter is discussed or considered, or disconnected.

(3) for the purposes of this paragraph — (a) "family member", in respect of a member of the Council, including — (i) his spouse;
(ii) the parent, including the parent's spouse;
(iii) children, including adopted children or child ur;
56 laws of Malaysia ACT 688 (iv) other siblings, including sibling his spouse; and (v) husband or his wife or his sister; and (b) "associate", in respect of a member of the Council means — (i) a person who is a member or employee of the trustee (s);
(ii) firms in which the Member or any nominee of his, is a partner;

(iii) partner to the Member;
(iv) the Trustees of a trust under which the Member or a member of his family is a beneficiary;
or (v) any corporation within the meaning of the companies Act 1965 [Act 125], for which the Member or any nominee of his or her family member is a Director or has a substantial holding of shares in such Corporation.

To participate directly through online videos, etc.

7. The Chairman may allow a meeting through, or another Member to take part in any meeting of the Council with the use, live video, online television or any communications facility or multimedia appropriately.

Minute 8. (1) the Council shall cause minutes of all its meetings to be maintained and stored in a proper form.

(2) any minutes made of meetings of the Council shall, if duly signed by the Chairman who chaired the meeting, is admissible in evidence in all legal proceedings without further proof.

(3) every meeting of the Council with regard to the commissioning minutes have been made in accordance with subparagraph (1) and (2) shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.



Council of East Coast economic region Development 57 seal 9. (1) the Council shall have a common seal which shall contain any designs approved by the Council and the seal can be broken, changed, altered or made new as the Council may think fit.

(2) until a seal is provided by the Council, a stamp bearing the words "Council of East Coast economic region Development" may be used and shall be deemed to be the common seal of the Council.

(3) the common seal shall be kept in the custody of the Chief Executive or any officer of the Council authorized by the Chief Executive in writing, and shall be certified by the Chief Executive or officer authorized; and any deed, document or instrument purporting to be sealed with the seal, certified as specified in this subparagraph, shall, until the contrary is proved, be deemed to have been validly executed.

(4) Notwithstanding subparagraph (3), any document or instrument which if executed by a person who, not being a body corporate, is not required in order to be sealed may be executed by the Council in the manner similar to; and any other document or instrument may be executed on behalf of the Council by any officials or servants of the Council authorised generally or specially by the Council for that purpose.

(5) the common seal of the Council shall be officially and judicially noticed.

Validity of acts and proceedings 10. No act or omission done or proceeding taken by the Tribunal under this Act shall be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the formation of the Council;

(b) violation by any member of the Council of the provisions of paragraph 6;

(c) the presence or involvement of another Member or person who is entitled to attend or participate; and (d) there is any omission, defect or ketidakteraturan that are not touching the merits of it.



58 laws of Malaysia ACT 688 Procedure 11. Subject to this Act, the Council may regulate its own procedure.

An allowance of 12. May be paid to members of the Council such allowances or other expenses as determined by the Prime Minister.

Members of the Council should devote time to the business of the Council 13. Every Member of the Council should devote time to the business of the Council as may be necessary to meet their obligations effectively.




SECOND SCHEDULE [section 12 and 28] Interpretation 1. In this schedule, unless the context otherwise requires — (a) "Committee member" means a member of the Committee appointed under section 12 of the Act, and members of the implementation co-ordination Committee appointed under section 28 of the Act, and includes alternate member member of the Implementation Committee and coordination;

(b) "Committee" means a Committee appointed under section 12 of the Act and implementation co-ordination Committee appointed under section 28 of the Act; and (c) "Chairman" means the Chairman of the Committee concerned, or the Chairman of the Implementation Committee and coordination, as the case may be, and includes a member of the Committee acting as Chairman under subparagraph 3 (2).

The appointment, revocation and resignation 2. (1) a member of the Committee shall hold office for such period as may be specified in the instrument of appointment and shall be eligible for re-election.

Council of East Coast economic region Development 59 (2) in relation to a Committee appointed under section 12 of the Act, Council may revoke the appointment of any member of the Committee without assigning any reason for the revocation.

(3) in relation to an implementation co-ordination Committee appointed under section 28 of the Act, the Prime Minister may revoke the appointment of any member of the Committee without assigning any reason for the revocation.

(4) any member of the Committee may at any time resign by notice in writing to the Prime Minister.

(5) the Council may at any time discontinue or change the membership of a Committee.

3 Committee meetings. (1) a Committee shall meet at any time and at any place determined by the Chairman of the Committee.

(2) the Chairman shall preside at meetings of the Committee or in the absence of the Chairman, the members present at the meeting shall elect a Chairman from among their number.

(3) the Chairman chairs the meeting of the Committee and two other members shall constitute a quorum at any meeting of the Committee.

(4) subject to subparagraph (5), the Chairman who chaired the meeting of the Committee and every Member present at meetings of the Committee shall be entitled to one vote.

(5) for the avoidance of doubt, in all meetings of the Committee, the votes of the Chairman who chaired the meetings of the Committee shall be counted as one.

(6) the decision of a Committee shall be made by a vote advantage members present and entitled to vote at the meeting related.

(7) Notwithstanding subparagraph (6), if applicable a question to be determined by the Committee, there is an equal number of votes, the Chairman who presided over the meeting shall have a casting vote.
The Committee may invite others to meetings 4. (1) a Committee may invite any person to attend any meetings or discussions of the Committee for the purpose of advising the Committee on any matter under discussion, but any person 60 laws of Malaysia ACT 688 invited were not entitled to vote at the meeting or deliberation.

(2) any person invited to attend any meetings or discussions of the Committee under subparagraph (1) may be paid such allowances and other expenses as determined by the Council.

A resolution without meeting 5. (1) a resolution is deemed to have been approved in a meeting of the Committee if — (a) all members of the Committee have been told about the proposed resolution, or reasonable efforts have been taken to inform all members of the Committee about the proposed resolution; and (b) without a meeting, all members of the Committee indicate agreement with the ruling in the manner determined by the Committee under subparagraph (2).

(2) subparagraph (1) applies only if the Committee — (a) decided that the subparagraph is applicable; and (b) to decide on the method to it members the Committee shall indicate agreement on the resolution.

Disclosure of interest 6. (1) any member of the Committee who have or acquire an interest directly or indirectly by himself, through a member of his family or its affiliates with respect to any matter

discussed or considered by the Committee shall disclose to the Chairman who chaired the meeting of the Committee, the fact his interest and the interest of the type.

(2) a disclosure under subparagraph (1) shall be recorded in the minutes of meetings in which the matter is discussed and, after the disclosure, the Member — (a) shall not be present during any discussion or deliberation Committee, or during the Committee decide, when the matter is discussed or considered, or disconnected; and the East Coast economic region Development 61 (b) cannot be counted for the purpose of forming a quorum of the Committee when the matter is discussed or considered, or disconnected.

(3) for the purposes of this paragraph — (a) "family member", in respect of a member of the Committee, including — (i) his spouse;
(ii) the parent, including the parent's spouse;
(iii) children, including adopted children or child ur;
(iv) other siblings, including sibling his spouse; and (v) husband or his wife or his sister; and (b) "associate", in respect of a member of the Committee means — (i) a person who is a member or employee of the trustee (s);
(ii) firms in which the Member or any nominee of his, is a partner;

(iii) partner to the Member;
(iv) the Trustees of a trust under which the Member or a member of his family is a beneficiary;
or (v) any corporation within the meaning of the companies Act 1965 [Act 125], for which the Member or any nominee of his or her family member is a Director or has a substantial holding of shares in such Corporation.

To participate directly through online videos, etc.

7. The Chairman may allow, at a meeting through, or another Member of the Committee to take part in any meeting of the Committee with use, live video, online television or any communications facility or multimedia appropriately.




62 laws of Malaysia ACT 688 Minutes 8. (1) a Committee shall cause minutes of all its meetings to be maintained and stored in a proper form.

(2) any minutes made of meetings of the Committee shall, if duly signed by the Chairman who chaired the meeting, is admissible in evidence in all legal proceedings without further proof.

(3) every meeting of the Committee concerned with commissioning minutes was made in accordance with subparagraph (1) and (2) shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.

(4) a Committee shall cause a copy of the minutes of each meeting is submitted to the Council as soon as practicable.

Validity of acts and proceedings 9. No act or omission done or proceeding taken by the Committee under this Act shall be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the formation of the Committee;

(b) the breach by any member of the Committee to the provisions of paragraph 6;

(c) the presence or involvement of another Member or person who is entitled to attend or participate; and (d) there is any omission, defect or ketidakteraturan that are not touching the merits of it.

Setting 10. Subject to this Act and any directions of the Council, a Committee may regulate its own procedure.

The Committee shall be subject to the directions of the Council 11. A Committee is subject to and shall act in accordance with any instructions given to the Committee by the Council.



Council of East Coast economic region Development 63 Allowance 12. May be paid to members of the Committee any allowance or other expenses as determined by the Chairman of the Council.

Members of the Committee should devote time to the business of the Committee 13. Every Member of the Committee should devote time to the business of the Committee as may be necessary to meet their obligations effectively.





THIRD SCHEDULE [section 33] 1. Travel Fund 2. Bumiputera Commercial and Industrial Community (BCIC) and Small and Medium Enterprises (SME) Leverage Fund 3. Craft and Heritage Fund 4. Real estate fund 5. Poverty funds 6. Biodiversity and biotechnology funds 64 laws of MALAYSIA Act COUNCIL ACT 688 EAST COAST ECONOMIC REGION DEVELOPMENT 2008 LIST AMENDMENT of laws that amend the short title effect from-No-65 laws of MALAYSIA Act COUNCIL ACT 688 EAST COAST ECONOMIC REGION DEVELOPMENT 2008 LIST SECTION AMENDED Section Power amend with effect from-no-