Malaysia legislation

Section 6

of MALAYSIAN INDUSTRIAL DEVELOPMENT AUTHORITY (INCORPORATION) ACT 1965

Section 6

Functions of the Authority

It shall be the functions of the Authority to promote investments in the manufacturing and services sectors (excluding financial and utilities) and to advise the Minister on the formulation of policies in respect thereof and for that purpose, the Authority may—

(a)

lead, co-ordinate, monitor and evaluate the implementation of the policies, strategies, activities and development of investment in the manufacturing and services sectors

(excluding financial and utilities);

(b)

undertake activities relating to the promotion of investment in the manufacturing and services sectors (excluding financial and utilities) within or outside Malaysia;

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Malaysian Investment Development

Authority (Incorporation)

(c)

undertake or cause to be undertaken research and planning on matters relating to investment in the manufacturing and services sectors (excluding financial and utilities);

(d)

advise the Government on the policies relating to the promotion of investment in the manufacturing and services sectors (excluding financial and utilities) including policies on—

(i)

the granting of manufacturing licences;

(ii)

the incentives applicable to investors in Malaysia;

(iii)

expatriate posts;

(iv)

the imposition or alteration of, and exemption from, custom duties; and

(v)

any other fiscal or non-fiscal facilities;

(e)

formulate measures for the promotion of investment in the manufacturing and services sectors (excluding financial and utilities);

(f)

co-ordinate and facilitate the activities relating to the promotion and implementation of investment in the manufacturing and services sectors (excluding financial and utilities) at the Federal and State levels;

(g)

provide consultancy services including training and technical assistance;

(h)

undertake any activity that promotes co-operation with other countries in line with the objectives of the Government with respect to investment in the manufacturing and services sectors (excluding financial and utilities);

(i)

assist Malaysian companies in seeking technology and investment opportunities abroad;

(j)

act as a centre for collection, reference and dissemination of information relating to investment across all sectors of the economy;

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Act 397

(k)

report periodically to the Minister on the progress and problems of investment in the manufacturing and services sectors (excluding financial and utilities) in Malaysia and make recommendations on the manner in which such problems may be dealt with;

(l)

carry out any other functions consistent with this Act as the

Minister may authorize in writing; and

(m)

generally do all such matters incidental to or consequential upon the exercise of its powers or the performance of its functions under this Act.

Powers of the Authority 6a.  (1)  The Authority shall have all such powers as may be reasonably necessary for, or incidental to, the performance of its functions.

(2)

In particular, but without prejudice to the generality of subsection (1), the Authority may—

(a)

conduct surveys and investigations to ensure compliance with conditions imposed for the grant of licences, permits or incentives in respect of manufacturing and services sectors

(excluding financial and utilities);

(b)

require any person dealing with manufacturing and services sectors (excluding financial and utilities) or any other activity relating to the functions of the Authority to submit reports;

(ba) require—

(i)

all relevant Government Entities to give such assistance and submit such information in their possession as may be required by the Authority in order for the Authority to carry out its functions under this Act; and

(ii)

all Government Entities, companies and corporations, and other bodies or persons, whether local or foreign, responsible for or engaged in carrying out or intending to carry out development in Malaysia to submit reports, containing such particulars and information as may be specified by the Authority, regarding their activities or proposed activities;

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Malaysian Investment Development

Authority (Incorporation)

(bb) establish advisory panels to advise the Authority on the future direction and development of the manufacturing and services sectors (excluding financial and utilities);

(c)

charge fees for any services or facilities provided by the

Authority; and

(d)

generally undertake such other powers incidental to or consequential upon the exercise of its powers or the performance of its functions under this Act.

Board to perform functions and exercise powers of the Authority 6b.  The Board shall perform the functions and exercise the powers of the Authority under this Act and any function so performed or any power so exercised shall be deemed to be performed or exercised by the Authority.