WM laws of MALAYSIA Act 75 PRINT DEVELOPMENT AUTHORITY ACT 1972 JOHOR TENGGARA Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 75 SOUTHEAST JOHOR DEVELOPMENT AUTHORITY ACT 1972 Royal Assent Date............ March 23, 1972 date of publication in the Gazette......... 30 March 1972 REPRINT BEFORE Reprinting the first............ 1994 Lembaga Kemajuan Johor Tenggara 3 laws of MALAYSIA Act 75 SOUTHEAST JOHOR DEVELOPMENT AUTHORITY ACT 1972 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title 2. Interpretation Part II BOARD 3. Board 4. Functions Of The Board 5. Membership Of The Board 6. Public Authorities Protection 7. Public servants 8. Power of Minister to give directions 9. The Area Of Johor Tenggara 10. Additional functions for the Board 11. Statements, reports, accounts and information PART III DIVISION, officers and SERVANTS 12. The Chairman shall be the Chief Executive Officer General Manager 13. The General Manager shall be the Chief Officer of the 4 laws of Malaysia ACT 75 section 14. Appointment of officials and other servants 15. The part that can be established 16. Regulations in respect of the conditions of service of officers and servants 16A. 16B of the Disciplinary Committee. Appeal against the decision of the Disciplinary Committee of the 16C. Powers of the disciplinary regulations 16D. The imposition of a surcharge 16E. Notification of the surcharge 16F. The withdrawal of a surcharge 16G. Get a surcharge of 16 h. Membership of the Board in special cases PART IV FINANCIAL 17. The Establishment Of The Fund, 18. Rebalancing revenue account 19. Fund reserves 20. Expenses shall be charged on the Fund 21. Expenses and the preparation of the estimate of 22. Accounts and audit part V OTHER POWERS of the BOARD 23. Delegation of powers of the Board 24. Power to borrow 25. Investment 26. Power to employ agents to 27. Power to lend 28. The power to establish the Corporation 29. Forced land acquisition with Johor Tenggara Development Authority 5 PART VI GENERAL section 30. (Cut) 31. Obligations of confidentiality of 32. The power to make regulations 33. Things done in anticipation of this Act are declared FIRST SCHEDULE SECOND SCHEDULE of the 6 laws of Malaysia ACT 75 of Lembaga Kemajuan Johor Tenggara 7 laws of MALAYSIA Act 75 SOUTHEAST JOHOR DEVELOPMENT AUTHORITY ACT 1972 an act for incorporating the Southeast Johor development authority and to provide with respect to matters concerned with it.
[1 June 1972, P.U. (B) 198/1972]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same as follows: part I preliminary short title 1. This Act may be cited as the Southeast Johor Development Authority Act 1972.
Interpretation 2. In this Act, unless the context otherwise requires — "part" means a Part which was established under section 15;
"Johor Tenggara Area" means any area specified by the Minister in accordance with section 9;
"Fund" means the Fund established under section 17;
8 laws of Malaysia ACT 75 "Board" means the Board of Johor Tenggara established under section 3;
"State" means the State of Johor;
"Officers Work" means work officer appointed under section 14;
"accounting officers" includes every officers and servants charged with the duty of collecting, receiving, or mengakaunkan, or who actually collect, receive or mengakaunkan, any money Fund, or charged with the duty to pay, or who actually pay any money, and every officers and servants charged with receiving, care or disposal, or pengakaunan, any goods storage and property Board or actually receive , holding or disposing of the property and goods;
"Chairman" means the Chairman of the Board appointed under section 5;
"General Manager" means the General Manager appointed under section 13;
"Corporation" means a corporation established under section 28;
"company" has the same meaning as given to "the Corporation" under subsection 4 (1) of the companies Act 1965 [Act 125]; and "Deputy Chairman" means a Deputy Chairman of the Board appointed under section 5.
PART II Board 3. A body corporate called "Lembaga Kemajuan Johor Tenggara" established a perpetual succession and a common seal and may sue and be sued upon his name and, subject to and for Lembaga Kemajuan Johor Tenggara 9 purposes of this Act, may enter into contracts, and may acquire, purchase, take, hold and enjoy any kind of movable and immovable property and may be memindahhakkan , assign, surrender, refund, charge, mortgage, mendemiskan, assign the, transfer possession of or otherwise dispose of or make any business of any movable or immovable property or any interest thereon which are vested in the Board based on such terms as it thinks fit.
Functions Of The Board 4. (1) the functions of the Board are — (a) to promote, encourage, facilitate and pursuing economic and social development in the area of Johor Tenggara;
(b) to promote, encourage, facilitate and pursuing the development of shelter, agriculture, industry and commerce in the area of Johor Tenggara; and (c) to control and co-ordinate the implementation of the abovementioned activities in the area of Johor Tenggara.
(2) the Board shall have power to do all things expedient or reasonably necessary or incidental to the exercise of its functions, and in particular, but without prejudice to the generality of the powers aforesaid — (a) carry out all activities particularly in the commercial and industrial enterprises, which it considers to be required, commissioning beneficial or convenient for or in connection with the exercise of such functions, including make, assemble, process , pack it, and who undertake to market products, research and training;
(b) the initial study started about development and redevelopment area as possible and make the initial plan describes the initial survey activities roughly to determine whether development projects or redevelopment project is run and may be implemented;
10 laws of Malaysia ACT 75 (c) cooperate with the Federal Government or the State Government, any public authority, any company, any corporation, any body or any person or act as agent or agents thereof or otherwise act together with him or on his behalf;
(d) develop and co-ordinate the conduct of such activities by the Federal Government or the State Government, public authorities, any company, any corporation, or body or any other person;
(e) establish or enlarge, or advancing the establishment or enlargement, company, Corporation or other body to carry out any activities that either all or partly under the control of the Board or independently;
(f) provide assistance to any public authority, company, Corporation or any other body or other person who in the opinion of the Board has a facility to carry out any of the activities, including financial assistance by taking shares or its capital or by providing loans or otherwise;
(g) buy, buy or otherwise acquire bear any stocks and shares in any company, public or private and sell them on such terms and conditions as determined by the Board;
(h) require that departments and agencies and non-governmental, which carry out or intend to carry out development in Johor Tenggara to submit a report containing particulars and information as may be specified by the Board in respect of its activities or proposed activities by him;
(i) appoint agents or establish other bodies as may be deemed fit by it for the purpose of carrying out its functions;
(j) impose fees or any other charges that it thinks fit by it for the performance of any power or function;
Lembaga Kemajuan Johor Tenggara 11 (k) receive a Commission or fee as agreed in return for services was given by him;
(l) regulating development in Johor Tenggara; and (m) any other matters as it thinks fit to carry out the functions and powers effectively.
(3) subject to section 8, shall be the responsibility of the Board in carrying out its functions under this Act to ensure that such functions implemented in that in line with the Government policy in effect at the moment and in particular policies relating to the formation of the society.
Membership Of The Board 5. (1) the Board shall consist of the following members appointed by the Minister, unless General Manager: (a) a Chairman;
(b) a Deputy Chairman;
(c) three representatives of the Federal Government;
(d) three representatives of the State Government;
(e) three persons having relevant professional position; and (f) General Manager.
(2) subject to subsection (3) and (4), the provisions of the first schedule shall apply to members of the Board.
(3) paragraphs 1, 2, 3 and 4 of the first schedule shall not be applicable to General Manager.
(4) the General Manager does not have the right to vote at any meeting of the Board.
(5) when the General Manager is empty, subsection (1) shall be read as if paragraph (f) was cut.
12 laws of Malaysia ACT 75 public authorities protection 6. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding of the Board or of any Member, officer, agent or servants of the Board in respect of any act, negligence or default made or done by him on a nature that is.
Public servants 7. All members, officers and servants of the Board, while performing duties as a member, officer or servants, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Power of Minister to give directions 8. (1) the Board shall report to the Minister, and the Minister may, from time to time, give instructions in accordance with this Act and the Board shall, as soon as possible, implement all the directives.
(2) without prejudice to the generality of subsection (1), and subject to consultation with the Board, the Minister's power to give instructions shall include giving instructions to the Board — (a) on disposal of capital assets; and (b) use of the revenue from capital assets released it, even though the instructions about something specific: provided that, so long as any money borrowed by the Board in accordance with this Act is still outstanding, there are no any such directions may be given.
The Area Of Johor Tenggara 9. (1) for the purposes of this Act the Minister may, with the agreement of the State Government, from time to time, specify by notification in the Gazette the area in which the Board of Lembaga Kemajuan Johor Tenggara 13 will carry out its duties under this Act and shall be named "Southeast Johor".
(2) Notwithstanding the provisions of any other written law, shall be the responsibility of the Board to carry out duties assigned by this Act within Johor Tenggara.
Additional functions for the Board 10. In addition to the duties imposed on and the powers vested in the Board in accordance with this Act, the Board may perform any other function, exercise such other powers and administer and spend any money for any purpose which may be allocated or assigned to it by the Federal Government or the State Government and in doing so the Board shall be deemed to fulfil the purposes of this Act and the provisions of this Act shall apply to the Board in respect of such functions and with respect to the Administration and financing of money it: provided that accounts for the Fund shall be kept separate and different from the account of the Fund.
Statements, reports, accounts and information 11. (1) the Board shall give to the Minister and the person, group of persons or other public authority as directed by the Minister, statements, reports, accounts and information required from time to time in respect of the property and the activities of the Board.
(2) without prejudice to the generality of subsection (1), the Board shall, as soon as possible, after the end of each financial year, ordered to be made and sent to the Minister and, if directed by the Minister, to the State Government or any other public authority, a report with respect to the activities of the Board within the previous financial year and in accordance with such form and contain such information in relation to the proceedings and in accordance with Board policy as set out from time to time by the Minister.
(3) the Minister shall cause a copy of each presented the report in front of the House of Commons.
14 laws of Malaysia ACT 75 SECTION III DIVISION, officers and SERVANTS of the Chairman shall be the Chief Officer Manager 12. (1) the Chairman shall be the Chief Executive Officer of the Board and the Manager he shall be responsible for preparing the programme, scheme or project for consideration of the Board, for issuing policy guidelines or description of the Board's decision to the General Manager and the Board officers and other servants and for supervising and controlling the implementation of the decision.
(2) all officers and servants of the Board shall be placed under the control of General Chairman.
(3) the Chairman shall perform any other obligations pursuant to or as determined by the Minister from time to time.
(4) subject to any conditions, limitations or restrictions as it thinks fit, the Chairman may delegate the power to any other Board Member, any officer or Board servants to exercise any power, duty or function vested in or charged at Chairman as determined by him.
(5) If the Chairman is not in Malaysia temporarily or temporarily incapacitated due to illness or for any other reason enough to perform his duties, the Deputy Chairman shall perform the duties of the Chairman in the time he did not have a temporary or unable for any other reason.
The General Manager shall be the Chief Executive Officer of work 13. (1) the Board may, with the approval of the Minister, employ and appoint a General Manager as work on such conditions and for as long a period as determined by the Board.
Lembaga Kemajuan Johor Tenggara 15 (2) the General Manager shall be responsible for carrying out all programme, project, scheme or to implement the Board's decision and the Chairman.
(3) subject to the directions of the Chairman, the General Manager shall have administrative control over the officers and servants of the Board.
(4) the General Manager shall perform any other obligations pursuant to or as determined by the Board or the Minister from time to time, or follow as directed by the Chairman from time to time.
Appointment of officials and other servants 14. (1) subject to any regulations made under section 16, the Board may appoint upon such conditions as he may deem necessary of any person as an officer and several other officers and servants as may be necessary for carrying out the purposes of this Act.
(2) No person who has, directly or indirectly, whether by itself or through a partner, any share or interest in any contract or proposed contract with, for or on behalf of the Board is eligible to be employed as an officer or officers or servants of the Board.
(3) any officer or officers or servants of the Board who has or acquires a share or interest that may, in the discretion of the Board, dismissed without notice.
The part that can be established 15. (1) the Board may establish such Division may deem necessary, and each part shall be placed under the control and custody of an officer work.
(2) Officers Work a Division shall be responsible for implementing and carrying out the Board's decision in relation to its share, send recommendations on the policy for the consideration of the Board, participate without voting rights, 16 laws of Malaysia ACT 75 in any meeting of the Board in relation to the part thereof when it is considered at the meeting and also to carry out all the powers delegated to it by the Board.
Regulations in respect of the conditions of service of officers and servants 16. (1) the Board may, from time to time, with the approval of the Minister, make regulations with respect to the conditions of service of officers and pekhidmatnya.
(2) unless otherwise provided, a reference to an officer of the Board in this Act shall include a reference to General Manager and an officer work.
The Disciplinary Committee 16A. (1) the Board shall have disciplinary powers over all officers and pekhidmatnya and shall exercise disciplinary control in respect of all such person pursuant to this Act and any regulations made under section 16C.
(2) for the purposes of this section — (a) a Disciplinary Committee of the Board shall be established in respect of General Manager consists of — (i) the Secretary General of the Ministry, who shall be the Chairman of the Committee; and (ii) two members of the Board shall be appointed by the Board; and (b) the Board may, by notification in the Gazette, establish different Disciplinary Committee for different categories of officials or servants of the Board.
Lembaga Kemajuan Johor Tenggara 17 (3) the following shall apply to any disciplinary Committee established under paragraph (2) (b): (a) the Committee shall consist of such number of members of the Board, other than the Chairman of the Board, or officer of the Board, or any combination of members and the officer; and (b) an officer who became a member of a Disciplinary Committee shall not be lower than any meteoric officers or servants who thereon of the Committee he was a member of the disciplinary power has.
(4) Committee established pursuant to paragraph (2) (b) shall exercise its powers in all matters relating to discipline officers and servants placed under its jurisdiction.
(5) in the exercise of its functions and powers, a Disciplinary Committee referred to under subsection (2) shall have the authority to take disciplinary action and impose any disciplinary punishment or any combination of two or more disciplinary punishment as provided under any regulations made under section 16C.
Appeal against the decision of the Disciplinary Committee
16B. (1) A decision of the Disciplinary Committee under paragraph 16A (2) (a) may appeal to the Minister.
(2) a decision of the Disciplinary Committee under paragraph 16A (2) (b) may be appealed to the Committee of the disciplinary Appeals shall consist of the following members: (a) the Chairman of the Board, who shall be the Chairman of the Disciplinary and Appeal Committees have a casting vote;
(b) three members of the Board, who is not a member of the Disciplinary Committee whose decision is the matter of the appeal, which shall be appointed by the Chairman of the disciplinary Appeal Committee with the approval of the Board for the purposes of the appeal.
18 laws of Malaysia ACT 75 (3) the Minister or the disciplinary Appeal Committee, as the case may be, may affirm, reverse or vary the decision of the Disciplinary Committee.
(4) when the disciplinary Appeal Committee considering an appeal under subsection (2), a member of the Disciplinary Committee against appealed from who is also member of the Board may not be present on or in any way participate in any proceeding relating to the appeal.
(5) the decision of the Minister or the disciplinary Appeal Committee under subsection (3) shall be final and conclusive.
Powers of the disciplinary regulations 16C. (1) the Board may, with the approval of the Minister, make any regulations it considers necessary or expedient to provide for disciplinary officers and servants of the Board.
(2) the disciplinary regulations made under this section — (a) may establish a disciplinary offence;
(b) may provide for disciplinary punishment deemed appropriate by the Board, and the sentence may include warnings, fines, forfeiture emoluments, delay the movement of salaries, salary reductions, demotion and throw away the work;
(c) shall give to the person against whom the disciplinary proceeding taken the opportunity to make representations against the disciplinary charge made against him before the decision was reached by the Disciplinary Committee, except in the case of the following: (i) If an officer or Board servants dismissed or lowered promoted by reason of the conduct in respect of which a criminal charge has been proved against him;
(ii) j if the Board, on the recommendation of the Minister charged with domestic affairs, is satisfied that in the interest of the security of Malaysia or any part thereof is not expedient to carry out the requirements of this paragraph; or Lembaga Kemajuan Johor Tenggara 19 (iii) if has been made against an officer or the Board of servants of any detention order, supervision, residential limited, banishment or deportasi, or if there has been imposed on the officials or servants of the Board any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, crime prevention, preventive detention, residential limited , banishment, immigration, or the protection of women and girls;
(d) may provide for the retention of work reduction emoluments of officers or servants of the Board pending completion of the criminal proceedings against him or against whom disciplinary proceedings with a view to removing work or lose meteoric; and (e) may provide for suspension without emoluments of an officer or the Board of servants or the servants if he has been convicted by any court or if a criminal detention or restriction order was made with respect to or imposed on any officer or the servants.
The imposition of a surcharge 16D. (1) a person who is or has been employed by the Board may disurcaj if it appears to the Board that such person — (a) not collect any money owed to the Board pemungutannya be its duties;
(b) who is or was responsible for any payment of moneys of the Board which should not be made or for any payment of money not approved accordingly;
(c) which are or have been responsible, directly or indirectly, for any deficiency in, or for destruction, any money savings, goods or other property of the Board;
20 laws of Malaysia ACT 75 (d) as or while an accounting officer, did not keep proper records or account; or (e) do not make any payment, or who is or has been responsible for any delay in the payment of moneys of the Board to any person to whom the payment is to be made under any law or under any contract, agreement or arrangement made between the person with the Board.
(2) the Board shall, before the person disurcaj, serve a notice in writing to him requesting show cause why he should not be disurcaj.
(3) If satisfactory explanations are not accepted within fourteen days from the date of service of the notice as mentioned earlier, the Board may — (a) in the case of paragraph (1) (a), (b) and (c), mensurcajkan against the person a sum of money not exceeding the amount which is not collected, or any payments should not be made, or deficiency in, or destruction of property is done; and (b) in the case of paragraph (1) (d) and (e), mensurcajkan any amount of money against the person as it deems fit.
Notification of the surcharge 16E. The Board shall notify the person who disurcajkan in respect of any surcharge imposed under subsection 16D (3).
The withdrawal of a surcharge 16F. 16D Notwithstanding subsection (3) and section 16E, the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it turns out otherwise that no surcharge should be made, and the Board shall immediately inform the person of the revocation shall be disurcajkan.
Lembaga Kemajuan Johor Tenggara 21 Get a surcharge 16G. The amount of any surcharge imposed under subsection 16D (3) and not withdrawn under section 16F shall be a debt due to the Board of the person against whom the surcharge applies and can be sued and diperdapatkan in any court on the legal Board and can also, if directed by the Board, through diperdapatkan — (a) deductions from the salary of the person disurcajkan; or (b) the pension of people who disurcajkan, with equal monthly instalments not exceeding one quarter of the total monthly salary or pension, as the case may be, that person.
Membership of the Board in special cases 16 h. In any action a surcharge against General Manager, membership of the Board for the purposes of section 16D and 16G do not include General Manager.
PART IV FINANCIAL Establishment Fund 17. (1) for the purposes of this Act, a Fund was set up to be administered and controlled by the Board.
(2) the Fund shall consist of — (a) any money allocated from time to time for that purpose by Parliament or State Assembly;
(b) any money assigned from time to time to the Board of the loan fund;
(c) monies earned from carrying out any project, scheme or enterprises financed out of the Fund;
22 laws of Malaysia ACT 75 (d) monies earned or arising out of any property, investment, mortgage, mortgage or debentures acquired by or vested in the Board;
(e) any property, investment, mortgage, mortgage or debentures acquired by or vested in the Board;
(f) money borrowed by the Board for the purpose of explaining any of the liabilities or carry out any of his duties; and (g) all moneys or other property that may in any way due to, or vested in, the Board in respect of any matter incidental to the powers and obligations.
(3) in this section the expression "loan fund" means any money that may be held from time to time for the Federal Government or the State as a loan.
Balancing account results 18. The Board shall have an obligation to conserve the Fund by run and execute the powers, duties and obligations under this Act so that the total revenue of the Board, subject to any direction given by the Minister under section 8, enough to pay all the money properly chargeable to revenue account, including, without prejudice to the generality of the expression, the provisions in respect of its obligations under section 17 and 19 and depletion and interest on capital , from year to year.
Fund reserves of 19. The Board shall establish and manage a fund the reserve fund.
Expenses shall be charged on the Fund 20. Fund shall be expended for the purpose of — (a) paying all expenses incurred under section 25;
Lembaga Kemajuan Johor Tenggara 23 (b) lend under section 27;
(c) pay any expenses lawfully incurred by the Board, including the costs of survey, legal and other fees and costs, and remuneration of officers and servants who are appointed and employed by the Board, including the retirement allowance, pension or gratuity;
(d) pay any expenses or other costs incurred or received properly by the Board in discharging its duties or exercise of its functions under section 4;
(e) purchase or rent a plant, equipment, machinery, goods and any other materials and acquire lands and erect buildings and carry out any work and other efforts in discharging its duties or exercise of its functions under section 4;
(f) to repay any money borrowed under this Act and the interest payable thereon; and (g) generally, pay for any expenses for carrying out the provisions of this Act.
Expenses and the preparation of the estimate of 21. (1) the expenditure of the Board to a total allowed by the Minister for any one year shall be paid out of the Fund.
(2) before the beginning of the month of September each year, the Board shall submit to the Minister an estimate of expenses (including expenses for development projects) for the following year in such form and contain such particulars as may be directed by the Minister; and before the beginning of the following year the Minister shall notify the Board of the amount of money authorized for expenditure generally or the amount of money allowed for each type of expenditure.
(3) the Board may, at any time, transmit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure is included in the supplementary estimates.
24 laws of Malaysia ACT 75 (4) the Minister may direct the Board such that the send estimates or supplementary estimates, as the case may be, to the State Government or to any other person as specified in the instructions.
Accounts and audit 22. (1) the Board shall keep proper accounts and records with other concerned with commissioning and shall prepare a statement of accounts for each financial year.
(2) the accounts of the Board shall be audited annually by the Auditor General or another auditor appointed by the Board with the approval of the Minister.
(3) after the end of each financial year, and immediately after the Board audited accounts, the Board shall cause to be sent a copy of the statement of accounts to the Minister or, when so directed by the Minister, to the State Government or any other person, along with a copy of any point of view made by the Auditor General or any other auditor appointed under subsection (2) of any statement or on the accounts of the Board.
(4) the Minister shall cause presented a copy of every statement and the view in front of the House of Commons.
Part V OTHER POWER BOARD Power Board Representation 23. (1) subject to such conditions, limitations or restrictions as it thinks fit, the Board may delegate powers to the Chairman, the General Manager or any other person to exercise on his behalf of any power, duty or function vested in or charged on board in accordance with this act as determined by the Board, except the power to borrow money, get a loan or make regulations; and any powers or functions delegated Lembaga Kemajuan Johor Tenggara 25 such can be carried out or exercised by the Chairman or General Manager or any other person, as the case may be, in the name and on behalf of the Board.
(2) without prejudice to the generality of subsection (1), the Board may delegate powers to the Chairman, the General Manager, any of the other members or any other person to allow the expenditure of the Fund or any other Fund under the control of the Board to the extent set out by the Board in that case.
Power to borrow 24. (1) the Board may, from time to time borrow, at such rate of interest and for such period and upon such terms as to the time and manner of repayment and otherwise as may be approved by the Minister, any sums required by the Board for any of its obligations or exercise of any of its duties.
(2) the Board may, from time to time, with the approval of the Minister, borrow money by issuing bonds, debentures or debenture stock, or get capital by issuing shares or shares of any class and value and upon such conditions as he may deem necessary for all or any of the following purposes: (a) the holding of working capital;
(b) perform the duties of the Board under this Act;
(c) perform any additional functions performed by the Board under this Act;
(d) redeem any shares or shares that it is required or entitled to redeem; and (e) any other expenses properly chargeable to a capital account.
The investment of 25. The assets of the Board, the extent of which is not required to be expended by the Board under this Act, shall be invested in such manner as approved by the Minister.
26 laws of Malaysia ACT 75 authorized to employ 26 agents. The Board may employ and pay agents and advisory techniques including advocates and solicitors, bankers, stock brokers, surveyors or valuers or others, to carry on any business or do any act required to be managed or performed in discharging its duties or to carry out the purposes of this Act by means of better.
Power to lend 27. In discharging its duties or in the exercise of its functions the Board can give the loan, and the loan may be granted subject to such terms and conditions as the Board may think fit to impose in the particular case.
The power to establish the Corporation 28. (1) the Board may from time to time by order published in the Gazette establish a corporation with any name deemed fit by the Board to implement and to maintain, run and manage any project, a scheme or enterprise that have been planned or carried out by the Board in discharging its duties or in the exercise of its duties.
(2) the provisions of the Second Schedule shall apply to a corporation established by the Board under subsection (1).
Land acquisition by force 29. (1) when any immovable property that is not government land should be acquired by the Board for the purposes of this Act, the property may be obtained in accordance with the provisions of any written law relating to the acquisition of land for a public purpose for the time being in force in the State, and any declaration required by any written law that that land is needed can be made even if such compensation shall be payable by the Board; and such declaration shall take effect as if it is a declaration that the land is required for a public purpose in accordance with the written law.
Lembaga Kemajuan Johor Tenggara 27 (2) of the expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Board.
(3) when any immovable property has been obtained under this section, the Board shall take extract of document of title may be necessary in respect of the property and should pay any taxes that may be levied on the property.
PART VI GENERAL 30. (Struck by Act 478).
Obligations Of Confidentiality Of 31. (1) except for the purposes of this Act or for the purposes of a criminal proceeding under this Act, no person members, officers or servants of the Board can membukakan any information that it deems while performing his duties and who is not published in accordance with this Act.
(2) any person who contravenes the provisions of subsection (1) commits an offence and shall on conviction be imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or both.
The power to make regulations 32. (1) the Board may, with the approval of the Minister, make regulations that expedient or necessary for carrying out the provisions of this Act in a way better.
(2) without prejudice to subsection (1), regulations under that subsection may be made for — (a) prescribing the manner in which documents, cheques and instrument of any kind to be signed or executed on behalf of the Board;
28 laws of Malaysia ACT 75 (b) prescribing the responsibilities and control for officers and servants of the Board;
(c) charge in terms specified by the Board;
(d) provide for any matter relating to shares, stocks, bonds, debentures or debenture stock issued under this Act which, in the opinion of the Board necessary or expedient, and in particular, for the holding of the regulation on the issue, enforce, redeem or business relating to shares, stocks, bonds, debentures or debenture stocks it;
(e) prescribing the manner and terms and conditions for the loan may be granted by the Board under section 27; and (f) provide generally for the exercise of the powers and duties under this Act.
(3) the regulations may — (a) stipulates that any act or omission that contravenes the provisions of any regulation shall constitute an offence; and (b) provide for imposing penalties for the offence, and the penalty shall not exceed one thousand dollars.
Things done in anticipation of this Act are declared 33. All things done by any person or authority on behalf of the Board or to provide proper implementation of any of the provisions of this Act and any expenses incurred in connection therewith, in anticipation that this Act shall be deemed to be declared as authorized by this Act; and all rights and obligations acquired or charged on behalf of the Board of any thing or any such expenses incurred shall be deemed to have rights and obligations of the Board when this Act comes into force.
Lembaga Kemajuan Johor Tenggara 29 FIRST SCHEDULE [Subsection 5 (2)] the terms and conditions of appointment, revocation and resignation
1. (1) A member of the Board shall hold office for such period and subject to such conditions as may be specified by the Minister in the instrument of appointment.
(2) Appointment of a member may at any time be revoked by the Minister without giving any reason therefor.
(3) a member may at any time resign his Office by letter addressed to the Minister.
(4) a member should devote as much time as necessary to carry out its obligations to the Managing Board.
Posts deemed to have cleared 2. (1) the Office of a member of the Board shall be emptied — (a) if he dies;
(b) if there has been proved against him, or she has been convicted on a charge of — (i) an offence in respect of fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or (iii) any other offence punishable prison (prison sentence alone or in addition to a penalty or in lieu of a fine) for more than two years;
(c) if he becomes bankrupt;
(d) if he is of unsound mind or for any other reason unable to perform his duties;
(e) if he fails to attend three consecutive meetings without the permission of the Board;
(f) in the event of his resignation is accepted by the Minister; or (g) if his appointment is cancelled.
(2) if any member of that cease to be a member by virtue of any provision of this Act, another person shall be appointed to replace it in accordance with the provisions applicable to the Member.
30 laws of Malaysia ACT 75 the remuneration and allowances 3. Member of the Board or any other person shall be paid any salary, remuneration or allowances as determined by the Board after consultation with the Minister.
Meeting 4. (1) the Board shall meet at least once a month.
(2) the quorum for the Board was six.
(3) in all meetings of the Board, the Chairman or, if he is absent, the Deputy Chairman or, if both are absent, a member elected by the members present, shall preside at the meeting.
(4) where on any question to be determined by the Board to the same number of votes, the Chairman or member of many who chaired the meeting was entitled to give a casting vote in addition to the votes normally.
(5) subject to subparagraph (1), (2), (3) and (4), the Board shall establish its own procedure.
The Board may invite others to attend meetings 5. The Board may ask any person (who is not a member of the Board) attend any meetings or discussion Board for the purpose of menasihatkannya on any matter under discussion, but any person so attending shall not be entitled to vote at the meeting or the discussion that.
Seal 6. (1) the Board shall have a common seal bearing a sign as approved by the Board and such seal may from time to time be broken, changed, altered and made anew according as the Board may think fit.
(2) until a seal is provided by the Board of a stamp bearing the words "Lembaga Kemajuan Johor Tenggara" may be used and shall be deemed to be the seal of the Corporation.
(3) the common seal or cap referred to in subparagraph (2) shall be kept in the custody of the Chairman or any other person authorized by the Board, and shall be authenticated by the Chairman or by the authorized person or any officer authorised by one of them with writing; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall be deemed to have been validly executed legal until the contrary is proved: Lembaga Kemajuan Johor Tenggara 31 provided that any document or instrument which, if executed by a person not being a body corporate, would not be required to be under seal may be executed by the Board in a way that is also and any document or instrument may be executed for the Board by any of the officers or servants of the Board authorized generally or specially by the Board for that purpose.
(4) the common seal of the Board shall be officially and judicially noticed.
Disclosure of interest 7. A member of the Board who has, directly or indirectly, by itself or through a partner, any interest in a company or joint venture which the Board proposes to make any contract or who has any interest in any contract or in any matter under discussion by the Board shall state to the Board it and the kind of interest, and the things it says shall be recorded in the minutes of the Board of , and unless allowed specifically by the Chairman, the Member cannot take any part in any deliberation or decision of the Board in respect of the contract.
Minute 8. (1) the Board shall direct that minutes of all meetings of the Board maintained and stored in a proper form.
(2) any minutes made of meetings of the Board, if signed the successful completion, be admissible in evidence in all legal proceeding without further and proved every meeting of the Board minutes of its proceedings have been so made shall be deemed to have been successfully convened and held and all members of the meeting as having been properly qualified to act.
Validity of acts and actions 9. There are no any act done or there are any proceedings taken under this Act may in addition on the ground — (a) that there is any vacancy among members of, or a defect in the composition of the Board;
(b) that there is something that offends at any member of the Board in respect of a statement made by him about his interests; or (c) that any omission, defect or irregularity which does not affect the merit of an article.
32 laws of Malaysia ACT 75 the SECOND SCHEDULE [Subsection 28 (2)] the power of the Board to make rules in respect of the Corporation 1. The Board shall, on or before the date of any corporation established under section 28, make regulations with respect to the Corporation determine — (a) the purpose and objectives of the Corporation is established;
(b) the rights, powers, duties, and tasks of the Corporation;
(c) its management system; and (d) the relationship between the Corporation with the Board and the right controls over such Corporation.
Saving 2. There is nothing in paragraph 1 shall be deemed to authorize the Board to make regulations to establish any corporation for any purpose or purposes of the wider region of the meaning or purpose of the Board was established, or as giving to a Corporation any rights, duties, powers or duties are not included among the rights, duties, powers or duties of the Board under this Act.
Regulations subject to the Act 3. Subject to the provisions of this Act and the provisions of any regulations made under section 32, a corporation shall be bound by any rules made therefor under paragraph 1 and the rules shall become effective for all purposes as if the rule were codified in this Act.
Amendment of regulation 4. The Board may at any time amend, cancel or make any additions to any regulations made in respect of a corporation under paragraph 1 and section 34 of the interpretation 1948 and 1967 [Act 388] shall apply to any regulations amended or cancelled it as if they were law.
Express Corporation 5. The Board shall keep a register in the prescribed form of all Corporation established by him under section 28 and express it with copies of all regulations made under paragraph 1hendaklah is open for inspection by the public at any place and at any time as may be determined by him.
Winding up 6. (1) the Board may by order published in the W rta direct that any corporation established by him wound up and dissolved.
Lembaga Kemajuan Johor Tenggara 33 (2) upon the dissolution of any corporation under this paragraph, the assets of the Corporation shall be transferred and vest in the Board once all liabilities are settled.
(3) the winding up of a corporation under this paragraph shall be conducted in such manner as may be prescribed by the Board.
The Corporation shall be a body corporate 7. Every corporation established under section 28 shall be a body corporate with any name that has been given by the Board and shall have perpetual succession and have a common seal and may sue and be sued in the name of, and for the purpose of implementing development projects registered, therefore it was established it can be contracted and can hold, do business or make any arrangement in respect of movable or immovable property and may do all things and other things incidental or in relation to a body corporate in accordance with the provisions of this Act and subject to such restrictions or limitations as may be determined by the Board in each.
8. (1) Each corporation shall have a common seal bearing a sign as approved by the Corporation with the approval of the Board, and such seal may from time to time be broken, changed, altered and made anew by the Corporation with the approval of the Board, according as he may deem fit.
(2) until a seal is provided by the Corporation under this paragraph a stamp bearing the name of the Corporation encircling the letters "LKJT" can be used as a seal.
(3) the common seal or cap referred to in subparagraph (2) shall be kept in the custody of a person who is directed by the Corporation and shall be authenticated by the person; and all deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall be deemed to have been validly executed legal until the contrary is proved: provided that any document or instrument which, if executed by a person not being a body corporate, would not be required to be under seal may be executed in a way that is also provided by the Corporation; and any other document or instrument may be executed on behalf of the Corporation by any officer or authorised servants of the Corporation generally or specially by the Corporation for that purpose.
(4) the seal of each corporation shall be officially and judicially noticed.
34 the laws of Malaysia ACT 75 the laws of MALAYSIA Act 75 SOUTHEAST JOHOR DEVELOPMENT AUTHORITY ACT 1972 LIST AMENDMENT law short title force amend from Act 160 Currency Act 29-08-1975 (dollars) 1975 Act A447 Johor Development Authority Act 01-06-1978; Southeast (Amendment) 1979, except paragraph 2 (1) (b): 05-03-1976 A520 Act Development Authority Act (Amendment) 01-01-1981 1981 Act 478 Act revocation of exemption from 21-02-1992 Duties-Stamp 1992 Act A971 Johor Development Authority Act 27-09-1996 Southeast (Amendment) 1996 Lembaga Kemajuan Johor Tenggara 35 laws of MALAYSIA Act 75 SOUTHEAST JOHOR DEVELOPMENT AUTHORITY ACT 1972 LIST of the SECTION AMENDED Section Power amend with effect from 2 Act A447 01-06-1978 Act A971 27-09-1996 5 Act A447 01-06-1978 Act A520 01-01-1981 12 Act A447 01-06-1978 13 Act A520 01-01-1981 16A – 16 h Act A971 27-09-1996 30 Act 478 21-02-1992 31 Act 160 29-08-1975 32 Act 160 29-08-1975 first schedule of Act A447 01-06-1978 Act A520 01-01-1981