Laws of MALAYSIA Act PRINTS 203 SOUTH KELANTAN DEVELOPMENT AUTHORITY ACT 1978 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 law Malaysia2 ACT 203 SOUTH KELANTAN DEVELOPMENT AUTHORITY ACT 1978 date of Assent............ February 28, 1978, the date of publication in the Gazette of ... ... more 2 March 1978 REPRINT BEFORE Reprinting the first............ 2001 3Lembaga South Kelantan Development laws of MALAYSIA Act 203 SOUTH KELANTAN DEVELOPMENT AUTHORITY ACT 1978 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 Act 7. Public servants 8. Power of Minister to give directions 9. Kelantan South 10 Spaces. Additional functions of 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. General Manager and his Deputy 14. Restructuring the Board to the law Malaysia4 ACT 203 section 15. Appointment of officials and other servants 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. The power to make regulations discipline 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 to the 21. Expenses and provide an 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. Land acquisition forceful 5Lembaga South Kelantan Development PART VI GENERAL section 30. (Cut) 31. Obligations of secrecy 32. The power to make regulations 33. Things to do with the anticipation of this Act are declared FIRST SCHEDULE SECOND SCHEDULE laws Malaysia6 ACT 7Lembaga 203 South Kelantan Development laws of MALAYSIA Act 203 SOUTH KELANTAN DEVELOPMENT AUTHORITY ACT 1978 an act for incorporating the South Kelantan development authority and to provide on matters in respect of which.
[May 1, 1978, P.U. (B) 236/1978]
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 South Kelantan Development Authority Act 1978.
Interpretation 2. In this Act, unless the context otherwise requires — "part" means a Part which is established under section 14;
"Kelantan South Area" means any area specified by the Minister in accordance with section 9;
"Fund" means the Fund established under section 17;
Law Malaysia8 ACT 203 "Board" means the South Kelantan development authority established under section 3;
"Minister" means the Minister charged with the responsibility for regional development;
"State" means the State of Kelantan; "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 in the Fund, or charged with the obligation to pay, or 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;
"Manager" means the Manager a Part specified under section 14;
"General Manager" means the General Manager appointed under subsection 13 (1);
"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];
"Deputy Chairman" means a Deputy Chairman of the Board appointed under section 5;
"Deputy General Manager" means the Deputy General Manager appointed under subsection 13 (6).
PART II Board 3. A body corporate called "South Kelantan development authority" that perpetual established and have a common seal, which may sue and be sued upon his name and, subject to and for the South Kelantan Development 9Lembaga the purposes of this Act, may enter into contracts and can acquire, purchase, take, hold and enjoy any kind of movable and immovable property and may transfer, assign return, return, surrender, mortgage, pledge, charge, assign the mendemis, transfer of title or otherwise dispose of, or make any arrangements regarding, any movable or immovable property or any interest thereon which are vested in the Board, in accordance with such terms as he thinks fit.
Functions Of The Board 4. (1) the function of the Board is — (a) to promote, encourage, facilitate and pursuing economic and social development in the area of South Kelantan;
(b) to promote, encourage, facilitate and worked on the development of residence, agricultural, industrial and commercial area south Kelantan; and (c) monitoring and coordinating implementation of the aforesaid activities within the South Kelantan.
(2) the Board shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions, and in particular, but without prejudice to the generality of the aforesaid — (a) to carry out any activity, particularly commercial and industrial activities, which, in its opinion, commissioning required, beneficial or convenient for or in respect of the performance of its functions, including sell, install, memproseskan, membungkuskan , menggredkan and market products, research and training;
(b) to the initial study on mendayausahakan development and redevelopment as possible and make the initial plan outlines the activities for development or redevelopment and initial review to determine whether the undertaking and development projects or redevelopment can be carried out;
Law Malaysia10 ACT 203 (c) to cooperate with or acting as an agent or agents for, or acts in any other manner together with or on behalf of, the Federal Government or the State Government, any public authority, any company, any corporation, or any person;
(d) to develop and co-ordinate the conduct of such activities by the Federal Government or the State Government, any public authority, any company, any corporation, or any other body or person;
(e) to establish or expand, or advancing the establishment or expansion, company, Corporation or other body to carry out any such activity under its control or partial control of the Board or independently;
(f) to provide assistance to any public authority, company, Corporation or any other body or person, is found by the Board, have the facilities to carry out any such activities, including financial assistance by taking share capital or loans or by loans or otherwise;
(g) to buy, sponsor or other acquiring any shares and shares in any company, public or private and dispose of it in accordance with any terms and conditions specified by the Board;
(h) to require government departments and agencies and non-government organisations involved in carrying out development in the area of South Kelantan submit a report containing such particulars and information as may be determined by the Board on their activities or their activities proposed;
(i) to appoint an agent or establish such other bodies as he thinks fit for the purpose of carrying out its functions;
(j) to impose fees or any other charges which it thinks fit to carry out any of the powers or functions;
11Lembaga Southern Kelantan (k) to receive, in return for services rendered by him, any commissions or payment agreed upon;
(l) to regulate development in the area of South Kelantan; and (m) to do any other things which it thinks fit to enable him to carry out the functions and powers effectively.
(3) subject to section 8, the responsibility of the Board in carrying out its functions under this Act to ensure that such functions are performed in a manner that can ensure the success of government policies in force and in particular policies relating to the restructuring of society.
Membership Of The Board 5. (1) the Board shall consist of the following members who shall be 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 professional position
related; 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 apply 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.
Law Malaysia12 ACT 203 Public authorities Protection Act 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, neglect or default made or done by him on such nature.
Public servants 7. All members, officers and servants of the Board, while on their obligations as members, officers and servants of the Board, 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 is responsible to the Minister, and the Minister may from time to time give directions that are not inconsistent with the provisions of 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 power of Minister to give directions shall include instructions to the Board — (a) on disposal of capital assets; and (b) regarding the use of proceeds from the disposal, even though such directions may be a certain: provided that, so long as any amount of money borrowed by the Board in accordance with the provisions of this Act are still outstanding, there are no such instructions may be given.
Kelantan South Area 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 an area or areas of South Kelantan Development 13Lembaga in it the Board will carry out its functions under this Act and the area or areas that shall be known "area of South Kelantan".
(2) Notwithstanding the provisions of any other written law, the responsibility of the Board to carry out the functions provided for by this Act within the South Kelantan.
Additional functions the Board 10. In addition to the duties imposed on and the powers vested in the Board by this Act, the Board may perform any other function, exercise such other powers and administers and spend any money for any purpose which is assignable or conferred upon him 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 in respect of the Administration and the fourth of the money: 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 other persons, group of persons or other public authority as directed by the Minister, any statement, report, account and information required or directed by the Minister 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 practicable after the end of each financial year, cause 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 in time to the previous financial year in such form and containing any information relating to the pejalanan and policies as specified by the Board from time to time by the Minister.
Law Malaysia14 ACT 203 SECTION III DIVISION, officers and SERVANTS of the Chairman shall be the Chief Officer Manager 12. (1) the Chairman shall be the Chief Manager of the Board and 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 officials and other servants of the Board and for supervising and controlling the implementation of the decision.
(2) all officers and servants of the Board shall be under the control of General Chairman.
(3) the Chairman shall perform any other duties or additional duties as determined by the Minister from time to time.
(4) 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 within the Chairman does not exist or is unable to do in the meantime.
General Manager and his Deputy 13. (1) the Board may, with the approval of the Minister, appoint any person, named "General Manager", to become Chief Executive Officer and vesting them such powers and impose upon them such duties and functions as may be determined by the Board.
(2) the General Manager shall be responsible for carrying out all programme, scheme or project Board and implementing Board decisions and instructions of the Chairman.
(3) the General Manager shall be responsible to the Chairman.
15Lembaga Kelantan South (4) subject to the direction of the Chairman, the General Manager shall have administrative control over the officers and servants of the Board.
(5) the General Manager shall perform any other duties or additional duties are determined by the Board or the Minister from time to time or as instructed by the Chairman from time to time.
(6) to assist the General Manager in its functions, the Board may, with the approval of the Minister, appoint one or more Deputy General Manager and vesting in them such powers and impose upon them such duties and functions as may be determined by the Board.
(7) if the General Manager not available in Malaysia temporarily or temporarily incapacitated due to illness or for any other reason enough to perform his duties, the Board may order any Deputy General Manager to perform the duties of General Manager within General Manager is not available or is unable to do in the meantime.
(8) General Manager and every Deputy General Manager is an officer of the Board.
Restructuring the Board to part 14. (1) the Board may establish such Part as he thinks fit, and each section shall be under the control and custody of an executive officer named "Manager".
(2) the Manager of each Division shall be appointed by the Chairman with the approval of the Minister.
(3) the responsibility of the Manager of a Part may be to implement and carry out the decision of the Board on matters relating to part of it, to submit recommendations regarding the basis for deliberation, to participate without the right to vote in any Board meetings when matters pertaining to part of it being considered in the meeting and to exercise all the powers that can be delegated to it by the Board.
Law Malaysia16 ACT 203 (4) every manager is an officer of the Board.
Appointment of officials and other servants 15. (1) subject to any regulations made under section 16, the Board may appoint upon such terms and conditions as considered appropriate by the Board of any other officers and servants as may be necessary for carrying out the purposes of this Act.
(2) No person shall be eligible to take service as officers or servants of the Board, if he has, directly or indirectly, by himself or through his partner, any share or interest in a contract or proposed contract with, for or on behalf of the Board.
(3) any officer or Board that has servants or acquire any shares or interest so may, in the discretion of the Board, dismissed without notice.
Regulations in respect of the conditions of service of officers and servants 16. The Board may, from time to time, with the approval of the Minister, make regulations with respect to the terms of service of the officers and pekhidmatnya.
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 17Lembaga South Kelantan Development (ii) two members of the Board shall be appointed by the Board; and (b) the Board may, by notification in the Gazette, establish a Disciplinary Committee for different categories of officials or servants of the Board is different.
(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 is 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) the Committee established under 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 powers and duties, 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 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; and the law Malaysia18 ACT 203 (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.
(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.
The power to make regulations discipline 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 dismissal;
(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 rank on the ground 19Lembaga South Kelantan Development conduct in respect of which a criminal charge has been proved against him;
(ii) if the Board, on the recommendation of the Minister responsible for Home 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 (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 protection of women and girls;
(d) may provide for the retention of work reduction emoluments of an officer or servant of the Board pending completion of the criminal proceedings against him or disciplinary proceedings against him for the purpose of removing work or lose meteoric; and (e) may provide for suspension of the work without the emoluments of an officer or servant of the Board if the officer or servant 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 servant of that.
The imposition of a surcharge 16D. (1) a person who is or was formerly employed by the Board may disurcaj if it appears to the Board that such person — (a) has failed to collect any money owed to the Board pemungutannya be or ever be its responsibility.
Law Malaysia20 ACT 203 (b) who is or was responsible for any payment of money should not be from the Board 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;
(d) as or as someone who served as accounting officers, fail or has failed to keep proper records or account; or (e) has failed to make any payment, or 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 so as to show cause why he should not be disurcaj.
(3) If satisfactory explanations are not accepted within fourteen days from the date of delivery of the notice aforesaid, the Board may — (a) in the case of paragraph (1) (a), (b) and (c), mensurcaj against the person a sum of money not exceeding the amount not collected, or 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), mensurcaj any amount of money against that person as the Board may think fit.
Notification of the surcharge 16E. The Board shall notify the person who disurcaj it in respect of any surcharge imposed under subsection 16D (3).
21Lembaga withdrawal of the South Kelantan Development surcharges 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 notify the person who disurcaj it about the withdrawal.
Get a 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 against him and retrieved in any court on the Board and can be also legal if directed by the Board, be obtained through deduction — (a) basic salary the person disurcaj; or (b) the pension of people who disurcajkan, with equal monthly instalments not exceeding one quarter of the total salary or monthly pension of that person, as the case may be.
Membership of the Board in special cases 16 h. In any action for a surcharge on the General Manager, membership of the Board for the purposes of sections 16D and 16G shall not include General Manager.
PART IV FINANCIAL Establishment Fund 17. (1) for the purposes of this Act, it is hereby established a fund to be administered and controlled by the Board.
Law Malaysia22 ACT 203 (2) the Fund shall consist of — (a) any sums allotted from time to time for that purpose by Parliament or State Assembly;
(b) any sums allotted from time to time to the Board of the Loan Fund;
(c) money derived from the conduct of any project, a scheme or enterprise that is financed from the Fund;
(d) the monies earned or derived from any property, investments, mortgages, charges or debentures acquired by or vested in the Board;
(e) any other property, investments, mortgages, charges or debentures acquired by or vested in the Board;
(f) the amount of money borrowed by the Board for the purpose of fulfilling any of its obligations or discharging any of its obligations; and (g) all moneys or other property that may in any way be payable 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 Government as a loan.
Balancing account results 18. Be the duty of the Board to conserve the Fund by exercise and perform the powers, functions and duties under this Act in such a way that with the total revenue of the Board, subject to any direction given by the Minister under section 8, enough to pay all sums properly chargeable on revenue account, including depletion and interest on capital, from year to year.
Fund reserves of 19. The Board shall establish and manage a fund the reserve fund.
23Lembaga South Kelantan Expenses shall be charged on the Fund
20. the Fund shall be expended for the purpose of — (a) to grant a loan under section 27;
(b) pay any expenses lawfully incurred by the Board, including costs and the cost of surveys, legal fees and other costs, and remuneration for the appointed officers and servants and taken the Board's services, including retirement allowance, pension or gratuity;
(c) pay any other expenses, or expenses incurred or accepted properly by the Board in discharging its duties or exercise of its functions under section 4;
(d) buy or rent a plant, equipment, machinery, goods storage 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;
(e) pay any moneys borrowed under this Act and the interest payable thereon; and (f) generally pay any expenses for carrying out the provisions of this Act.
Expenses and provide an estimated 21. (1) the expenditure of the Board up to anything that is allowed by the Minister for any one year shall be paid from 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 authorised for expenditure generally or about the amount allowed for each type of expenditure.
Law Malaysia24 ACT 203 (3) the Board may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimates.
(4) the Minister may direct the Board to produce a copy of the 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 other records of its proceedings and shall prepare the statement of accounts of each financial year.
(2) the accounts of the Board shall be audited every year by the Auditor General or a person of the other auditor appointed by the Board with the approval of the Minister.
(3) after the end of each financial year, and as soon as the audited accounts of the Board, the Board shall cause to be a copy of the statement of account sent to the Minister and, if directed by the Minister, to the State Government or any other person, together with a copy of any point of view made by the Auditor General or any other auditor appointed under subsection (2) on the account statement or on the accounts of the Board.
(4) the Minister shall cause a copy of every account statement and the views presented in the Senate and 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 South Kelantan Development 25Lembaga to carry out on its behalf any power, duty or function vested in or imposed on the 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 power or function so delegated may be exercised or performed 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 other Member or any other person to allow the expenditure of the Fund or any other Fund under the control of the Board to the extent determined by the Board.
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 with the consent of the Minister of finance, any sums required by the Board to meet 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 and the consent of the Minister of finance, borrow money by issuing bonds, debentures or debenture stock or obtain capital by issuing shares or shares of any class and value and upon such terms as it thinks expedient, for all or any of the following purposes: (a) the provision of working capital; (b) the discharge of the duties of the Board under this Act; (c) the discharge of any additional functions by the Board under this Act; (d) redemption of any shares or shares that the Board required or entitled to redeem; and (e) any other expenses properly chargeable to capital account.
Malaysia26 law 203 Investment ACT 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 with the consent of the Minister of finance.
Power to employ agents to 26. The Board may employ and pay agents and technical advisers, including advocates and solicitors, bankers, stock brokers, surveyors or valuers or others, to carry on any business or do any act required to be exercised or performed in meet their obligations or to carry out the purposes of this Act by means of better.
Power to lend 27. In fulfilling its obligations or performing its functions, the Board may grant a loan, and the loan may be granted subject to such terms and conditions as the Board may think fit to impose in certain things.
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, organize and manage any project, a scheme or enterprise that has been planned or undertaken by the Board in discharging its duties or in the exercise of its functions.
(2) the provisions of the Second Schedule shall apply to every corporation established by the Board under subsection (1).
Land acquisition in force 29. (1) when any immovable property, which is not government land, should be taken by the Board for the purposes of this Act, the property may be taken in accordance with the provisions of any written law relating to land acquisition for the purposes of 27Lembaga South Kelantan Development public, for the time being in force in the State, and any declaration required by any written law that that land is needed so can be made though the compensation will be paid by the Board , and the Declaration shall become effective as if the Declaration is a declaration that the land is required for a public purpose in accordance with the written law.
(2) expenses and compensation of any immovable property taken under this section shall be paid by the Board.
(3) when any immovable property has been taken under this section, the Board shall take an extract of the document of title to be on the property, and shall pay any tax that may be imposed on such property.
PART VI GENERAL 30. (Struck by Act 478).
Obligations of secrecy 31. (1) except for the purposes of this Act or for the purposes of any criminal proceedings under this Act, no Member, officer or Board servants may disclose any information which has been diperolehnya 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 better.
Law Malaysia28 ACT 203 (2) without prejudice to the generality of subsection (1), regulations under that subsection may be made for — (a) prescribing the manner in which any type of document, check and instrument be signed or executed on behalf of the Board;
(b) prescribing the responsibilities and control officers and servants of the Board;
(c) charge in terms specified by the Board;
(d) to provide for any matter relating to shares, stocks, bonds, debentures or debenture stock issued under this Act which in the opinion of the Board it is necessary or expedient, and in particular, for regulations about how to manufacture, transfer ownership, redeem or business relating to shares, stocks, bonds, debentures or debenture stocks it;
(e) prescribing the manner and terms and conditions upon which loans may be granted by the Board under section 27; and (f) provide in General on the exercise of the powers and duties of the Board under the provisions of this Act.
(3) the regulations may — (a) provides that any act or omission that violates any of its provisions to be an offence; and
(b) provide for imposing penalties for the offence, and the penalty shall not exceed one thousand dollars.
Things to do with the anticipation of this Act are declared 33. All things done by any person or authority on behalf of the Board in and for proper implementation of any provisions of this Act and any expenses incurred in connection therewith, with anticipation of this Act, shall be deemed to be declared 29Lembaga South Kelantan Development has been permitted by this Act, and all rights and obligations acquired or done on behalf of the Board of any such things done or any such expenses incurred shall be deemed to have rights and obligations of the Board when only this Act comes into force.
The 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 his instrument of appointment.
(2) the appointment of any Member may at any time be revoked by the Minister without assigning any reason therefor.
(3) a member may at any time resign his Office by sent a letter addressed to the Minister.
(4) a member should devote time to the business of the Board as may be necessary to carry out its duties.
Vacation of Office 2. (1) the Office of a member of the Board shall be vacated: (a) if the member dies;
(b) if there has been proved against the Member, or the Member has been convicted of, a charge of — (i) an offence in respect of fraud, dishonesty or moral turpitude; or (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (sentence of imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years; or (c) if the member becomes bankrupt; or (d) if the Member is not of unsound mind or, for any other reason, unable to perform his duties; or (e) if the Member does not attend meetings three times in a row without the permission of the Board; or law Malaysia30 ACT 203 (f) if the Member resignation received by the Minister; or (g) if the appointment of members is cancelled.
(2) if any member of that cease to be a member by virtue of any provision of this Act, a person shall be appointed to replace it in accordance with the provisions of the case.
Remuneration and allowances 3. Any salary, remuneration or allowance as determined by the Board after consultation with the Minister shall be paid to the members of the Board or any other person.
Meeting 4. (1) the Board shall meet at least once in every month.
(2) the quorum for the Board of six people.
(3) in all meetings of the Board, the Chairman or, if he is not present, a member elected by the members present, shall preside at the meeting.
(4) where on any question to be determined by the Board there are the same number of votes, the Chairman or member of many who chaired the meeting shall have 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 meetings 5. The Board may ask any person (who is not a member of the Board) to attend any meeting or deliberation of the Board for the purpose of menasihatkannya on any matter under discussion, but any person so attending shall have no right to vote at the meeting or deliberation.
Seal 6. (1) the Board shall have a common seal bearing any design that is approved by the Board and such seal may from time to time be broken, changed, altered or made anew, as the Board may think fit.
(2) until a seal is provided by the Board of a stamp bearing the words "South Kelantan development authority" may be used and shall be deemed to be the seal of the Corporation.
31Lembaga Southern Kelantan (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 by any officer authorized by one of them in 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 until the contrary is proved: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed may be executed by the Board in a way that also; and any other document or instrument may be executed on behalf of the Board by any officer or servant of the Board authorized generally or specially by the Board for that purpose.
(4) the seal of the Board shall be officially and judicially noticed.
Disclosure of interest 7. A member of the Board, directly or indirectly, himself or by his partner, any interest in any 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 disclose to the Board the case and the type of its importance, and the disclosure shall be recorded in the Board minutes , and unless specifically authorized by the Chairman, the Member cannot take any deliberation or decision of the Board in relation to the contract or that matter.
Minute 8. (1) the Board shall cause to be the minutes of all meetings of the Board maintained and stored in a proper form.
(2) any minutes made of meetings of the Board, if duly signed, is admissible in evidence in all legal proceedings without further proof and every meeting of the Board with respect to its proceedings: has been so made shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.
Validity of acts and proceedings 9. No act done or proceeding taken under this Act may be questioned on the ground — (a) that there is a vacancy in the membership of, or any defect in the establishment of, the Board; or law Malaysia32 ACT 203 (b) that there is a violation by any member of the Board shall the provisions of paragraph 7; or (c) that any omission, defect or ketidakteraturan that are not touching the merits of it.
SECOND SCHEDULE [Subsection 28 (2)] the power of the Board to make regulations in respect of the Corporation 1. The Board shall, on or before the date on which any corporation established under section 28, make regulations with respect to the Corporation that determine — (a) the purpose and objectives of the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation;
(c) the system of management of the Corporation; and (d) the relationship between the Corporation with the Board and the Board of control rights over the 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 wider public lingkupnya of meaning or purpose for which the Board has established or give any Corporation any rights, duties, powers or functions that are not included among the rights, duties, powers or functions of the Board under this Act.
Effective regulations 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 regulations shall become effective for all purposes includes just-by the regulations have been made in this Act.
Amendment of regulations 4. The Board may at any time amend, cancel, or make any additions to any regulations made in respect of any corporation under paragraph 1.
33Lembaga Kelantan South 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 1 shall be open to public inspection in any place or places and at any time as may be determined by him.
Winding up 6. (1) the Board may by order published in the Gazette direct that any corporation established by it wound-up and dissolved.
(2) upon the dissolution of any corporation under this paragraph, the assets of the Corporation shall be transferred and vested 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 given by the Board and shall have perpetual succession and a common seal and may sue and be sued in the name of, and for the purpose of implementing the project, scheme or Enterprise for which the Corporation was incorporated, can enter into contracts and can hold and make any arrangements in respect of immovable property or movable property and be able to do all things and things other incidental or related to a body corporate which is not inconsistent with the provisions of this Act and subject to such restrictions or limitations as may be determined by the Board in each case.
Seal of the Corporation 8. (1) every corporation shall have a common seal which shall bear such a design 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, as it sees fit by the Corporation.
(2) until a seal is provided by the Corporation under this paragraph a stamp bearing the name of the Corporation encircling the letters "LKKS" can be used as a common 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 of law Malaysia34 ACT 203 and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall be deemed to have been validly executed until the contrary is proved: provided that any document or instrument which if executed by a person not being a body corporate shall not be required to be sealed may be executed in a way that also by the Corporation; and any other document or instrument may be executed on behalf of the Corporation by any officer or servants of the corporation authorized generally or specially by the Corporation for that purpose.
(4) the seals of every corporation shall be officially and judicially noticed.
35Lembaga South Kelantan Development laws of MALAYSIA Act 203 SOUTH KELANTAN DEVELOPMENT AUTHORITY ACT 1978 LIST AMENDMENT law short title of the Act into force amend the Development Authority Act A520 01-01-1981 (Amendment) Act, 1981 Act Cancellation Waiver 478 21-02-1992 from payment of stamp duty-Duty 1992 A968 Act Development Authority Act 27-09-1996 Kelantan South (Amendment) order 1996 P.U. (A) 285/2003 Order of revision by-01-08-2003 Laws (correction of South Kelantan Development Authority Act 1978) 2003 law Malaysia36 ACT 203 laws of MALAYSIA Act 203 BOARD ACT KELANTAN SOUTH 1978 LIST SECTION AMENDED Section Power amend with effect from 2 Act A968 27-09-1996 5 Act A520 01-01-1981 13 Act A520 01-01-1981 16A A968 Act 27-09-1996 16B A968 Act 27-09-1996 16C Act A968 27-09-1996 16D Act A968 27-09-1996 16E A968 Act 27-09-1996 16F A968 Act 27-09-1996 16G Act A968 27-09-1996 A968 Act 16 h 27-09-1996 30 Act 478 21-02-1992 first schedule of Act A520 01-01-1981