Lembaga Kemajuan Johor Tenggara 1

to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Johor Tenggara;

to promote, stimulate, facilitate and undertake residential, agricultural, industrial and commercial development in the Kawasan Johor Tenggara; and

to control and co-ordinate the performance of the aforesaid activities in the Kawasan Johor Tenggara.

) The Lembaga 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 foregoing—

to carry on all activities particularly of commercial and industrial activities, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the performance of its said functions, including the manufacturing, assembling, processing, packing, grading and marketing of products, research and training;

to initiate preliminary studies of possible development and redevelopment areas and make preliminary plans outlining development or redevelopment activities and preliminary surveys to determine if the undertaking and carrying out of development or redevelopment projects are feasible;

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to co-operate with or act as agent or managing agent of or otherwise act in association with or on behalf of the

Government of the Federation or of the State, any public authority, any company, any corporation, any body or any person;

to promote and co-ordinate the carrying on of such activities by the Government of the Federation or of the State, public authorities, any company, corporation, or other body or person;

to establish or expand, or promote the establishment or expansion of companies, corporations or other bodies to carry on any such activities either under the control or partial control of the Lembaga or independently;

to give assistance to any public authority, company, corporation or other body or person appearing to the

Lembaga to have facilities for the carrying on of any such activities, including financial assistance by the taking up of share or loan capital or by loan or otherwise;

to purchase, underwrite or otherwise acquire any stock and shares in any public or private company, and to dispose of the same on such terms and conditions as the Lembaga may determine;

to require departments, and governmental and non-governmental agencies engaged in carrying out or intending to carry out development in the Kawasan Johor

Tenggara to submit reports regarding their activities or proposed activities containing such particulars and information as may be specified by the Lembaga;

to appoint agents or establish such other bodies as it may deems fit for the purpose of performing its functions;

to impose fees or any other charges it deems fit for giving effect to any of its powers or functions;

to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon;

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to regulate development in the Kawasan Johor Tenggara;

and

to do such other things as it deems fit for the effective carrying out of its functions and powers.

) Subject to section 8, it shall be the responsibility of the

Lembaga in performing its functions under this Act to ensure that the functions are performed in such manner as shall be in furtherance of the policy of the Government for the time being in force and in particular the policy relating to the restructuring of society.

Membership of the Lembaga

a Chairman;

a Deputy Chairman;

a representative of the Ministry charged with the responsibility for rural and regional development;

a representative of the Treasury from the Ministry of

Finance;

a representative of the Economic Planning Unit, Prime

Minister’s Department;

three representatives of the State Government;

four persons who, in the Minister’s opinion, are suitable and able to contribute in exercising the function and role of the Lembaga; and

the General Manager.

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) Subject to subsection (3), the First Schedule shall apply to the members of the Lembaga.

) Paragraphs 1, 2 and 3 of the First Schedule shall not apply to the General Manager.

) (Deleted by Act A1542).

) Whenever the office of the General Manager is vacant, subsection (1) shall be read as if paragraph (h) had been deleted.

Alternate member 5a. (1) The Minister may, in respect of each member appointed under paragraph 5(1)(c), (d) or (e), appoint a person to be an alternate member to attend, as an alternate to such member, meetings of the Lembaga when such member is unable to attend for any reasons.

) For the purpose of subsection (1), an alternate member shall be named by the member appointed under paragraph 5(1)(c), (d)

or (e), with the approval of the Minister.

) An alternate member who attends the meetings of the

Lembaga shall, for all purposes, be deemed to be a member of the Lembaga.

) An alternate member shall, unless he sooner resigns his office or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Lembaga.

Public Authorities Protection Act 1948

) Without prejudice to the generality of subsection (1), and subject to consultation with the Lembaga, the power of the Minister to give directions shall extend to the giving to it of directions—

as to the disposal of capital assets; and

as to the application of proceeds of such disposals, notwithstanding that the directions may be of a specific character:

Provided that no such direction shall, so long as any sum borrowed by the Lembaga in accordance with this Act remains outstanding, be given.

The Kawasan Johor Tenggara

) Notwithstanding any other written law, it shall be the responsibility of the Lembaga to perform the functions provided by this Act in the Kawasan Johor Tenggara.

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Additional functions of the Lembaga

) Without prejudice to the generality of subsection (1), the

Lembaga shall, as soon as practicable, after the end of each financial year, cause to be made and transmitted to the Minister and, if so directed by the Minister, to the Government of the State or any other public authority, a report dealing with the activities of the Lembaga during the preceding financial year and in such form and containing such information relating to the proceedings and policy of the Lembaga as the Minister may from time to time specify.

) The Minister shall cause a copy of every such report to be laid before the Dewan Rakyat.

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) (Deleted by Act A1542).

) The Chairman shall perform such other or further duties as the Minister may from time to time determine.

) The Chairman may, subject to such conditions, limitations or restrictions as he thinks fit, delegate to any other member, any officer or servant of the Lembaga the power and authority to carry out such powers, duties or functions by this Act vested in or imposed on the Chairman as he may determine.

) If the Chairman is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, the Deputy Chairman shall perform the duties of the Chairman during such temporary absence or other incapacity.

The General Manager

) The General Manager shall be responsible for—

the administration and management of the Lembaga;

the planning and execution of any programme, scheme or project; and

the carrying out of any decision of the Lembaga.

) The General Manager shall have administrative control of the officers and servants of the Lembaga.

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) The General Manager shall perform such other or further duties as the Minister or the Lembaga determines.

) The General Manager may, subject to such conditions, limitations or restrictions as he thinks fit, delegate his powers, duties or functions to any officer or servant of the Lembaga to carry out such powers, duties or functions vested in or imposed on the General Manager under this Act as the General Manager may determine and such delegation—

shall not preclude the General Manager from performing or exercising, at any time, any powers, duties or functions so delegated; and

shall be done in the name of the Lembaga.

Appointment of other officers and servants

) No person shall be eligible for employment as an Executive

Officer or officer or servant of the Lembaga who has, directly or indirectly, by himself or his partner, any share or interest in any contract or proposed contract with, for or on behalf of the

Lembaga.

) Any Executive Officer or officer or servant of the Lembaga who has or acquires any such share or interest shall be liable in the discretion of the Lembaga to summary dismissal without notice.

Divisions may be set up

) It shall be the responsibility of the Executive Officer of an appropriate Division to implement and execute the decision of the Lembaga on matters pertaining to his Division, to submit policy recommendations for consideration by the Lembaga, to participate without the right to vote in any meeting of the Lembaga whenever matters pertaining to his Division are being considered in that meeting and also to exercise all the powers that may be delegated to him by the Lembaga.

Regulations governing conditions of service of officers and servants

) Unless otherwise provided, a reference in this Act to an officer of the Lembaga shall include reference to the General

Manager and an Executive Officer.

Statutory Bodies (Discipline and Surcharge) Act 2000 16a.  The Statutory Bodies (Discipline and Surcharge) Act 2000

[Act 605] shall apply to the Lembaga.

16b–16h.  (Deleted by Act A1542).

) The Fund shall consist of—

such sums as may be provided from time to time for those purposes by Parliament or the Legislative Assembly of the State;

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such sums as may be allocated from time to time to the

Lembaga from loan funds;

moneys earned by the operation of any project, scheme or enterprise financed from the Fund;

moneys earned or arising from any property, investment, mortgage, charge or debenture acquired by or vested in the Lembaga;

any property, investment, mortgage, charge or debenture acquired by or vested in the Lembaga;

sums borrowed by the Lembaga for the purpose of meeting any of its obligations or discharging any of its duties;

and

all other sums or property which may in any manner become payable to or vested in the Lembaga in respect of any matter incidental to its powers and duties.

) In this section the expression “loan funds” means such sums as may be made available from time to time to the Government of the Federation or of the State by way of loan.

Balancing of revenue account

paying all expenses incurred under section 25;

granting loans under section 27;

paying any expenditure lawfully incurred by the Lembaga, including survey, legal and other fees and costs, and the remuneration of officers and servants appointed and employed by the Lembaga, including superannuation allowances, pensions or gratuities;

paying any other expenses, costs or expenditure properly incurred or accepted by the Lembaga in the performance of its functions or the exercise of its powers under section 4;

purchasing or hiring plant, equipment, machinery, stores and any other materials and acquiring land and erecting buildings and carrying out any other works and undertakings in the performance of its functions or the exercise of its powers under section 4;

repaying any moneys borrowed under this Act and the interest due thereon; and

generally, paying any expenses for carrying into effect the provisions of this Act.

Expenditure and preparation of estimates

) Before the beginning of September of each year the Lembaga shall submit to the Minister an estimate of the expenditure (including those for development projects) for the following year in such form and containing such particulars as the Minister may direct;

and the Minister shall before the beginning of that following year notify the Lembaga of the amounts authorized for expenditure generally or of the amounts authorized for each description of expenditure.

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) The Lembaga 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 estimate.

) The Minister may direct the Lembaga to submit a copy of the estimate or supplementary estimate, as the case may be, to the Government of the State or to any other person as may be specified in the direction.

Statutory Bodies (Accounts and Annual Reports) Act 1980

) Without prejudice to the generality of subsection (1), the Lembaga may delegate to the Chairman, General Manager, any of its other members or any person authority to sanction expenditure from the Fund or any other money under the control of the Lembaga up to such limit as the Lembaga shall in such case specify.

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Power to borrow

) The Lembaga may, from time to time, with the approval of the Minister, borrow money by the issue of bonds, debentures or debenture stock, or raise capital by the issue of shares or stock of such class and value and upon such terms as it may deem expedient, for all or any of the following purposes:

the provisions of working capital;

the discharge of the duties of the Lembaga under this

Act;

the performance of such additional functions as may be undertaken by the Lembaga under this Act;

the redemption of any shares or stock which it is required or entitled to redeem; and

any other expenditure properly chargeable to capital account.

Investment

) The Second Schedule shall apply to the corporation established by the Lembaga under subsection (1).

Power to establish committees 28a.  (1)  The Lembaga may establish such committees as the

Lembaga considers necessary or expedient to assist the Lembaga in the performance of its functions under this Act.

) The Third Schedule shall apply to every committee established by the Lembaga under subsection (1).

Compulsory acquisition of land

) The expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Lembaga.

) When any immovable property has been acquired under this section, the Lembaga shall extract the necessary documents of title in respect of such property and shall pay any rent to which such property may be subject.

) Any person contravening subsection (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both.

Power to make regulations

) Without prejudice to subsection (1), regulations under that subsection may be made for—

prescribing the manner in which documents, cheques and instruments of any description shall be signed or executed on behalf of the Lembaga;

prescribing the responsibilities and control of officers and servants of the Lembaga;

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imposing fees in such cases as may be determined by the

Lembaga;

providing for such matters in connection with shares, stock, bonds, debentures or debenture stock issued under this Act as may appear necessary or expedient to the

Lembaga, and, in particular, for regulating the method of issue, transfer, redemption or other dealing with such shares, stock, bonds, debentures or debenture stock;

prescribing the manner in which and the terms and conditions on which loans may be granted by the Lembaga under section 27; and

providing generally for the exercise of its powers and the discharge of the duties of the Lembaga under this Act.

) Such regulations—

may prescribe that any act or omission in contravention of the provisions of any regulation shall be an offence; and

may provide for the imposition of penalties for such offences which shall not exceed one thousand ringgit.

Power to amend Schedules 32a. The Lembaga may, with the approval of the Minister, amend any Schedule by order published in the Gazette.

Things done in anticipation of this Act

) The appointment of any member may at any time be revoked by the

Minister without assigning any reason therefor.

) A member may at any time resign his office by letter addressed to the

Minister.

) A member shall devote such time to the business of the Lembaga as may be necessary to the discharge of his duties.

Office deemed vacated

if he dies;

if there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

an offence under any law relating to corruption; or

any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;

if he becomes bankrupt;

if he is of unsound mind or is otherwise incapable of discharging his duties;

if he absents himself from three consecutive meetings without leave of the Lembaga;

in the event of his resignation being accepted by the Minister; or

if his appointment is revoked.

) Where any member ceases to be a member by reason of any of the provisions of this Act, a person shall be appointed in his place in accordance with the provisions applicable.

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Remuneration and allowances

) The quorum of the Lembaga shall be six.

)  Every member of the Lembaga present shall be entitled to one vote.

) At all meetings of the Lembaga the Chairman or, in his absence, the

Deputy Chairman or, in the absence of both such persons, such member as the members present may elect, shall preside.

) If on any question to be determined by the Lembaga there is an equality of votes, the Chairman or the member presiding shall have a casting vote in addition to his deliberative vote.

) Subject to subparagraphs (1), (2), (3) and (4), the Lembaga shall determine its own procedure.

Lembaga may invite others to meetings

) Until a seal is provided by the Lembaga a stamp bearing the description

“Lembaga Kemajuan Johor Tenggara” may be used and shall be deemed to be a common seal.

) The common seal or the stamp referred to in subparagraph (2) shall be kept in the custody of the General Manager or such other person as may be authorized by the Lembaga, and shall be authenticated by either the General

Manager or such authorized person or by any officer authorized by either of

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them in writing; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is proved be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required under seal may in like manner be executed by the Lembaga and any such document or instrument may be executed on behalf of the Lembaga by any officer or servant of the

Lembaga generally or specially authorized by the Lembaga in that behalf.

) The seal of the Lembaga shall be officially and judicially noticed.

Disclosure of interest

) Any minutes made of meetings of the Lembaga shall, if duly signed, be receivable in evidence in all legal proceedings without further proof and every meeting of the Lembaga in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

Validity of act and proceedings

any vacancy in the membership of, or of any defect in the constitution of, the Lembaga;

the contravention by any member of the Lembaga relating to the disclosure of interest by such member; or

any omission, defect or irregularity not affecting the merits of the case.

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Second Schedule

[Subsection 28(2)]

Power of Lembaga to make regulations in respect of a corporation

the purposes and objects for which such corporation is established;

the rights, powers, duties and functions of such corporation;

the system of management thereof; and

the relations between such corporation and the Lembaga and its rights of control over such corporation.

Saving

) Upon the dissolution of any corporation under this paragraph the assets of the corporation after payment of all liabilities shall be transferred to and vested in the Lembaga.

) The winding up of a corporation under this paragraph shall be conducted in such manner as the Lembaga may prescribe.

Corporation to be body corporate

) Until a seal is provided by the corporation under this paragraph a stamp bearing the name of the corporation encircling the letters “LKJT” may be used as a common seal.

) The common seal, or the stamp referred to in subparagraph (2), shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person; and all deeds, documents and other instruments purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is proved, be deemed to have been validly executed:

Provided that any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and any such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

) The seal of every corporation shall be officially and judicially noticed.

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Third Schedule

[Subsection 28a(2)]

Terms and conditions of appointment, revocation and resignation

) The Lembaga may appoint any person to be a member of any committee and elect any of its members to be the chairman of a committee.

) A member of the committee shall hold office for such term as specified in his letter of appointment and is eligible for reappointment.

) The appointment of any member of the committee may, at any time, be revoked by the Lembaga.

) A member of a committee may, at any time, resign his office by giving a notice in writing addressed to the Chairman of the Lembaga.

Meetings

) A committee may invite any person who is not a member of the committee to attend any of its meetings for the purposes of advising the committee on any matter under discussion but that person shall not be entitled to vote at the meeting.

) Members of the committee or any person invited under subparagraph (2)

may be paid such allowances and other expenses as determined by the Lembaga.

Procedure