Kedah Regional Development Authority Act 1981

Original Language Title: Lembaga Kemajuan Wilayah Kedah Act 1981

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Kedah regional development authority 1 the laws of MALAYSIA Act 249 REPRINTING KEDAH REGIONAL DEVELOPMENT AUTHORITY ACT 1981 As on 1 September 2015 ISSUED by COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2015 2 laws of Malaysia Act 249 KEDAH REGIONAL DEVELOPMENT AUTHORITY ACT 1981 Royal Assent Date......... May 27, 1981, the date of publication in the Gazette of ... ... more May 28, 1981, last amended through Act A969 effect at............ 27 September 1996 Kedah regional development authority 3 laws of MALAYSIA Act 249 KEDAH REGIONAL DEVELOPMENT AUTHORITY ACT 1981 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 1948 7. Public servants 8. Power of Minister to give directions 9. Kedah regional development authority area 10. Additional functions of the Board 11. Statements, reports, accounts and information part III CHAIRMAN, officers, SERVANTS and part 12. Chairman of 13. General Manager and Timbalan-Timbalannya 4 laws of Malaysia Act 249 14. Restructuring the Board to 15 parts. 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. Powers of the disciplinary regulations 16d. The imposition of a surcharge 16e. Grant of annual surcharges 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 the preparation of the estimate of 22. Act statutory bodies (accounts and annual reports) 1980 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 Section forceful Kedah regional development authority 5 part VI General section 30. (Cut) 31. 32. The responsibility of storage confidentiality The power to make regulations 33. Things to do with the anticipation of this Act are made 34. The effective period of the Act 35. Winding up the first schedule second schedule of the 6 laws of Malaysia Act 249 Kedah regional development authority 7 laws of MALAYSIA Act 249 KEDAH REGIONAL DEVELOPMENT AUTHORITY ACT 1981 an act for incorporating the Kedah regional development authority and to provide on matters relating thereto.
[18 May 1981]
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 Kedah Regional Development Authority Act 1981.
Interpretation 2. In this Act, unless the context otherwise requires — "part" means a Part which was established under section 14;
"Kedah Regional Development Authority 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 249 "Board" means the Kedah regional development authority established under section 3;
"Minister" means the Minister responsible for regional development;
"State" means the State of Kedah;
"accounting officers" includes every officers and servants charged with the duty of collecting, receiving, or mengakaunkan or actually collecting, receiving or mengakaunkan or actually collects, receives or is, any money in the Fund, or charged with the obligation to pay, or who actually pay any money, and every such 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 subsection 13 (1);
"Corporation" means a corporation established under section 28;
"company" has the same meaning as given to "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 "Kedah regional development authority" established a permanent Siamese and have a common seal, which can sue Kedah regional development authority 9 and be sued upon his name and, subject to and for 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 transfer , assign, surrender, refund, charge, mortgage, mendemiskan, assign it, transferred or otherwise disposed 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 conditions as he thinks fit.
Functions Of The Board 4. (1) the functions of the Board are — (a) to promote, stimulate, facilitate and pursuing economic and social development in the area of Kedah regional development authority;
(b) to promote, stimulate, facilitate and worked on the development of residence, agricultural, industrial and commercial Area in Kedah regional development authority; and (c) to control and co-ordinate the implementation of the abovementioned activities in the area of Kedah regional development authority.
(2) the Board shall have power to do all things expedient or reasonably necessary for, or incidental to, in discharging its functions, and in particular, but without prejudice to the generality of the above — (a) to carry out any activity, particularly commercial and industrial activities, which its proceedings found to be necessary, appropriate or beneficial for or in connection with the discharge of such functions, including manufacture, assemble, process , pack it, grading and marketing goods, research and training;
10 laws of Malaysia Act 249 (b) to review the start spaces mendayausahakan development and redevelopment as possible and make the initial plan which outlines the activities of the development or redevelopment and initial review to determine whether the undertaking and conduct development projects or redevelopment might be pursued and implemented;
(c) to cooperate with or acting as an agent or agents for, or otherwise acted together with or on behalf of, the Federal Government or the State Government, any public authority, any company, any corporation, any body or any person;
(d) to develop and coordinate travel any activity 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 activity that either under 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 that is found by the Board to have the facility to carry out any of the activities, including financial assistance by taking share capital or loans, or through a loan or otherwise;
(g) to buy, to underwrite or otherwise acquire any shares and shares in any company, public or private and dispose of the shares or stock in accordance with any terms and conditions specified by the Board;
Kedah regional development authority 11 (h) to require government departments and agencies and non-government organisations involved in conducting or intending to conduct development in Kedah regional development authority to submit a report with respect to the proposed activity or activities by those that contain about such particulars and information as may be specified by the Board;
(i) to appoint an agent or establish such other bodies as it may deem 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;
(k) to receive, in return for services rendered by him, any commissions or payment agreed upon;
(l) to regulate development in Kedah regional development authority; 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, it is the responsibility of the Board in carrying out its functions under this Act to ensure that its function is implemented in the manner to be able to develop government policy in force and in particular policies relating to the restructuring of society.

(4) Notwithstanding subsection (1), (2) and (3), the Board shall first consult with the State Government on all matters pertaining to development planning before carrying out any of its functions.
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;
12 laws of Malaysia Act 249 (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 apply to General Manager.
(4) the General Manager shall not have voting rights in any meeting of the Board.
(5) when the General Manager is empty, subsection (1) shall be read as if paragraph (f) was cut.
Public authorities Protection Act 1948 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 upon such property.
Public Servants 7. All members, officers and servants of the Board while performing their duties as a member of the Board, officers and 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 is responsible to the Minister, and the Minister may from time to time provide directions not inconsistent with the provisions of this Act and the Board shall, as soon as possible, implement all the directives.
Kedah regional development authority 13 (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) regarding the use of proceeds from the disposal of that, notwithstanding such directions may be about something specific: provided that no such direction may be given as long as any amount of money borrowed by the Board in accordance with the provisions of this Act are still outstanding.
Kedah Regional Development Authority 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 area or areas in which the Board will carry out its functions under this Act and the area or areas shall be named "area of Kedah regional development authority".
(2) Notwithstanding the provisions of any other written law, it is the responsibility of the Board to carry out the functions provided for by this Act within Kedah regional development authority.
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 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 fulfill 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 spending money: provided that accounts for the Fund shall be kept separate and apart from the accounts of the Fund.
14 laws of Malaysia Act 249 Statements, reports, accounts and information 11. (1) the Board shall give to the Minister and any person, group of persons or public authorities as directed by the Minister, any statements, reports, accounts and information concerning the property and activities of the Board as may be required or directed by the Minister from time to time.
(2) without prejudice to the generality of subsection (1), the Board shall, as soon as pratik after the end of each financial year, cause to be made and sent to the Minister and, if directed by the Minister, such to the State Government or any other public authority, a report which sets out the activities of the Board during the previous financial year and in accordance with such form and contain such information relating to the proceedings and the Board policy as stated by the Minister from time to time.
Part III CHAIRMAN, Officers, SERVANTS And The Chairman 12. (1) the Chairman shall perform such duties as the Minister may from time to time.
(2) 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 absence or inability of the temporarily.
General Manager and Timbalan-Timbalannya 13. (1) the Board may, with the approval of the Minister, appoint a person, named "General Manager", to become Chief Executive Officer and vesting such powers and impose any duty thereon and functions as may be determined by the Board.
Kedah regional development authority 15 (2) the General Manager shall be liable — (a) provide programme, scheme or project for consideration by the Board;
(b) implementing the programme, scheme or project Board; and (c) implement the decisions of the Board and the instructions of the Chairman.
(3) the General Manager shall be responsible to the Chairman.
(4) the General Manager shall control the General officers and servants of the Board.
(5) the General Manager shall perform any other duty or any additional duties as directed by the Board or 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 vest in them such powers and impose upon them such duties and functions as may be determined by the Board.
(7) if the General Manager is not available 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 General Manager duties in the absence or inability of the temporarily.
(8) General Manager and every Deputy General Manager is an officer of the Board.
Restructuring the Board to 14 parts. (1) the Board may establish divisions may deem necessary, and each Section shall be under the control and custody of an officer.
16 laws of Malaysia Act 249 (2) the officer in charge of each Division shall be appointed by the Chairman with the approval of the Minister.
(3) shall be the responsibility of the officer in charge of a part of the implement and carry out the decision of the Board on matters pertaining to any portion of it, to submit policy recommendations for the consideration of the Board, participate without voting rights in a meeting of the Board when the matter relating to Parts considered at the meeting and also carries out all the powers that can be delegated to it by the Board.
Appointment of officials and other servants 15. (1) subject to any regulations made under section 16, the Board may appoint in accordance with such terms and conditions as deemed necessary by the Board of a number of other officers and servants as may be necessary for carrying out the purposes of this Act.
(2) No person is eligible to be employed as officers or servants of the Board, who has, directly or indirectly, by itself or through pekongsiannya, any share or interest in a contract or proposed contract with, for or on behalf of the Board.
(3) an officer or Board that has servants or acquire any shares or any interest may, in the discretion of the Board, dismissed directly 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 conditions of service of officers and pekhidmatnya.
Kedah regional development authority 17 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) the Disciplinary Committee shall be established in respect of the Board 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 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 sits on has a disciplinary power.
(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.
18 laws of Malaysia Act 249 (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 Disciplinary Committee's decision 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 (b) three members of the Board, who is not a member of the Disciplinary Committee's 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, can authenticate, mengakas or change the results of the Disciplinary Committee.
(4) when the Appeal Committee Tatertib 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 Committee of appeal Tatertib under subsection (3) shall be final.
Kedah regional development authority 19 Power 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 throw away the work;
(c) shall give an opportunity to the person against whom the disciplinary proceedings taken to make representations against the accusations 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, a tas recommendations Members i charged with Affairs, satisfied that 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 expulsion, or if there has been imposed on the officials or servants of the Board any form of restriction or supervision with bonds or 20 laws of Malaysia Act 249 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 while the 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 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) is or has been responsible for any payment of moneys of the Board which should not be made or for any payment of money not approved accordingly;
(c) is or has 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 while an accounting officer, did not keep proper records or account; or the Kedah regional development authority 21 (e) shall not 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 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 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 such person as he may deem fit.
Notification of the surcharge 16e. The Board shall notify the person who disurcajkan in respect of a 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 notify the person who disurcaj will be the withdrawal of it.
22 laws of Malaysia Act 249 recover 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 from the person who disurcaj and can be sued and recovered in any court on the suit of the Board and may also, if directed by the Board, recovered through a deduction — (a) from the salary of the person disurcaj; or (b) the pension of people who disurcaj, 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 sections 16d and 16g shall not include General Manager.
Part IV FINANCIAL Establishment Fund 17. (1) for the purposes of this Act, established a fund to be administered and controlled by the Board.
(2) the Fund shall consist of — (a) any sums allotted from time to time for that purpose by Parliament or State Assembly;
(b) any sum of money paid from time to time to the Board of the loan;
Kedah regional development authority 23 (c) monies earned from the exercise of any project, programme or SME projects funded out of the Fund;
(d) the monies earned or derived from any property, investments, mortgages, charges or debentures acquired or vested in the Board;
(e) any other property, investments, mortgages, charges or debentures acquired or vested in the Board;
(f) the amount of money borrowed by the Board for the purpose of clarifying any of its obligations or discharging any of its obligations; and (g) all sums of money 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" means any sum of money that may be called from time to time to the Federal Government or the State Government through loans.
Balancing account results 18. Be the duty of the Board to preserve the Fund by exercise and perform the powers, functions and duties under this Act so that the total revenue of the Board, subject to any direction given by the Minister under section 8, sufficient to pay all sums properly chargeable to revenue account, including depreciation and interest on capital, from year to year.
Fund reserve 19. The Board shall establish and manage a fund reserve in the Fund.
24 laws of Malaysia Act 249

Expenses shall be charged to the 20. Fund shall be expended for the purpose of — (a) provide loans under section 27;
(b) 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;
(c) pay any expenses or other costs incurred or agreed by the Board in discharging its duties or exercise of its functions under section 4;
(d) buy 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;
(e) pay any moneys borrowed under this Act and the interest payable thereon; and (f) 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 the extent of any amount 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 authorised for expenditure generally or the amount allowed for each description of expenditure.
Kedah regional development authority 25 (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 another person as specified in the instructions.
Act statutory bodies (accounts and annual reports) 22. Provisions of the Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Board and any corporation established under this Act.
Part V OTHER POWERS of the BOARD delegation of powers of the Board 23. (1) the Board may, subject to such conditions, limitations or restrictions as it thinks fit, delegate to the Chairman, the General Manager or any other person authorised to carry out on its behalf any power, duty or function vested or ditanggungkan by this Act at or above the Board 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 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 to the Chairman, the General Manager, any other Member or any other person authorized, to justify the expenditure of the Fund or any other Fund under the control of the Board to the extent that the Board may specify.
26 laws of Malaysia Act 249 Power borrowed 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 that the Minister, with the agreement of the Minister of finance may approve, any sums required by the Board to settle any liabilities or to carry out 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 conditions as it considers 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 performed by the Board under this Act;
(d) redemption of any share or shares 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 shall, to the extent that you do not want to be expended by the Board under this Act, shall be invested in such manner as the Minister with the consent of the Minister of finance, in particular.
Power to employ agents to 26. 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 performed or done in implementing the purposes of this Act with a better way.
Kedah regional development authority 27 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 given subject to such terms and conditions as the Board thinks 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 which the Board may deem fit to implement and to maintain, run and manage any project, programme or SME planned or recognized will be carried out 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 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 land acquisition for public purposes, 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 have effect as if it is a declaration that the land is required for public purposes in accordance with the written law.
(2) expenses and compensation of any immovable property acquired under this section shall be paid by the Board.
(3) when any immovable property has been acquired under this section, the Board shall make an extract of a document of title should be on the property and shall pay any rent that may be imposed on the assets of iu.
28 laws of Malaysia Act 249 part VI General 30. (Struck by Act 478).
Responsibility for the confidentiality of 31. (1) except for the purposes of this Act or for the purposes of any criminal proceedings under this Act, no person members, officers or servants of the Board can express whatever information 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) is guilty of an offence and shall on conviction be liable to 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 any regulations necessary or expedient to carry out the provisions of this Act in a way that better.
(2) without prejudice to the generality of subsection (1), regulations under that subsection may be made for — (a) prescribing the manner in which any description documents, checks and the instrument shall be signed or executed on behalf of the Board;
(b) prescribing the responsibilities and control officers and servants of the Board;
(c) impose fees in any case determined by the Board;
(d) to provide for any matter relating to shares, stocks, bonds, debentures or debenture stock issued under this Act that is found by the Kedah Regional Development Authority Board 29 was necessary or expedient, and, in particular, to regulate the methods of production, transfer, redemption or business relating to shares, stocks, bonds, debentures or debenture stocks it;
(e) prescribing the manner, terms and conditions for the loan 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) provide that any act or omission that violates any of its provisions to be an offence; and (b) provide for the imposition of a penalty for any offence the penalty thereof shall not exceed one thousand dollars.
Things to do with the anticipation of this Act are made

33. All things done by any person or authority on behalf of the Board and to provide proper implementation of any provisions of this Act and any expenses incurred in relation thereto with the anticipation of this Act are made shall be deemed to have been given by this Act, and all rights and liabilities of the acquired or done on behalf of the Board of any such things done or any such expenses incurred shall be deemed to be the rights and liabilities of the Board as soon as this Act come into operation.
The effective period of the Act 34. This Act shall be in force for a period of twenty years from the date it is enforced but the period could be extended again as determined by agreement between the State Government and the Federal Government.
30 laws of Malaysia Act 249 winding up 35. (1) the Minister shall, six months before this Act terminated, giving instructions to wind up and dissolve the Board.
(2) when the Board was dissolved, the assets of the Board shall be deposited in the consolidated fund after paid all liability.
(3) the winding up of the Board shall be conducted in the manner prescribed by the Minister.
The first schedule [Subsection 5 (2)] the terms and conditions of appointment, revocation and resignation 1. (1) subject to any conditions specified by the Minister in the letter of appointment, a member of the Board shall hold office for a term of not more than three years and be eligible for reappointment from time to time.
(2) Appointment of a member may at any time be revoked by the Minister without giving any reason.
(3) a member may at any time resign his Office by letter to the Minister.
(4) a member shall be devoted to Managing Board as much as necessary to carry out its duties.
Clear positions 2. (1) the Office of a member of the Board shall be emptied — (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;
(ii) an offence under any law relating to corruption; or the Kedah regional development authority 31 (iii) any other offence can be liable to a prison sentence (prison sentence alone or in addition to a penalty or in lieu of a fine) for more than two years; or (c) if the member becomes bankrupt;
(d) if the Member is not of unsound mind or, for any other reason, unable to perform his duties;
(e) if the Member does not attend meetings three times in a row without the permission of the Board;
(f) in the event of the resignation of the Member received by the Minister; or (g) if the appointment of members is cancelled.
(2) If a member cease to be a member by virtue of any provision of this Act, a person shall be appointed to replace it according to the provisions concerned.
Remuneration and allowances 3. Shall be paid to the members of the Board or any other person any salary, remuneration or allowance as determined by the Board after consultation with the Minister.
4. meetings (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 it is not present, a member elected by the members present, shall preside at the meeting.
(4) in the event of a question to be decided by the Board of the same number of votes found in abundance, the Chairman or the Member presiding over the meeting shall have the right to give a casting vote in addition to vote normally.
(5) subject to subparagraph (1), (2), (3) and (4), the Board shall determine 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) to attend any meetings or discussion Board for the purpose of menasihatkannya on any matter under discussion, but those who were present were not entitled to vote at the meeting or the discussion.
32 laws of Malaysia Act 249 Seal 6. (1) the Board shall have a common seal bearing a sign approved by the Board and such seal may from time to time is broken down, 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 "Kedah regional development authority" 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 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 legal until the contrary is proved: provided that any document or instrument which, if executed by a person not being a body corporate, is not 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 of the officers or servants of the Board authorized generally or specially by the Board for that purpose.
(4) the seal of the Corporation 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 disclose to the Board the case and the nature of his interest, and it disclosed shall be recorded in the minutes of the Board of , and unless specifically authorized by the Chairman, the Member cannot take any part in any deliberation or decision of the Board in relation to the contract or that matter.
Minute 8. (1) the Board shall cause minutes of all meetings of the Board maintained and stored in a proper form.
Kedah regional development authority 33 (2) any minutes made of meetings of the Board shall, if duly signed, is admissible in evidence in all legal proceedings without further proof and every Board meeting with the minutes of its proceedings have 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. There are no any act done or proceeding taken under this Act may be questioned on the ground — (a) vacancy in the membership of, or any entries in the Constitution of, the Board;
(b) violation by any member of the Board shall the provisions of paragraph 7; or (c) any omission, defect or ketidakteraturan that notwithstanding the merits of the case in question.
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 of a 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 a corporation for any purpose or purposes of the wider region of the purpose or purposes of the Board constituted or as giving to the Corporation any rights, duties, powers or functions that are not included among the rights, duties, powers or functions of the Board under this Act.
34 the laws of Malaysia Act 249 effective regulations 3. Subject to the provisions of this Act and the provisions of any regulations made under section 32, a corporation in respect of which they had made and any regulations made under paragraph 1 shall be binding and shall become effective for all purposes as if they had 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 a corporation under paragraph 1.
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 together with copies of all regulations made under paragraph 1 shall be open for inspection by the public in any one or a few 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 him wound up and dissolved.

(2) when a corporation dissolved 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 carried out in the manner prescribed by the Board.
The Corporation shall be a body corporate 7. Every corporation established under section 28 is a body corporate with any name that has been given by the Board and remained down for generations and have a common seal and may sue and be sued against the name and, for the purpose of implementing projects, plans or SME for which it was established, can enter into contracts and can hold and make any arrangements in respect of immovable property or movable property and can do all things and other things incidental or in relation 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 it.
Kedah regional development authority 35 seal of the Corporation 8. (1) every corporation shall have a common seal bearing a sign approved by the Corporation, with the approval of the Board, and such seal may from time to time is broken down, 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 "LKWK" 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 deed, document or instrument 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 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 authorised servants of the Corporation generally or specially by the Corporation for that purpose.
(4) the seals of every corporation shall be officially and judicially noticed.
36 laws of Malaysia Act 249 laws of MALAYSIA Act 249 KEDAH REGIONAL DEVELOPMENT AUTHORITY ACT 1981 LIST AMENDMENT law short title force of the Act amending the Act cancellation of 478 01-11-1987 stamp duty Fee Exemption Act 1992 Development Authority Act A969 27-09-1996 province of Kedah (Amendment) 1996 Kedah regional development authority 37 laws of MALAYSIA Act 249 KEDAH REGIONAL DEVELOPMENT AUTHORITY ACT 1981 LIST of SECTION AMENDED Section Power amend with effect from 2 Act A969 27-09-1996 16a-16 h Act A969 27-09-1996 30 Act 478 21-02-1992 PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA WJW004930 06-08-2015