LEMBAGA KEMAJUAN TERENGGANU TENGAH ACT 1973

to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Trengganu Tengah;

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

to control and co-ordinate the performance of the aforesaid activities in the Kawasan Trengganu Tengah.

The Lembaga shall have power to do all things expedient or reasonably necessary or incidental to the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing—

Subject to section 8, it shall be the responsibility of the Lembaga in discharging its functions under this Act to ensure that the functions shall be 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.

a Chairman;

a Deputy Chairman;

two three

one representatives of the Federal Government; and (d) two representatives of the State.

The provisions of the First Schedule to this Act shall apply to the members of the Lembaga.

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—

Notwithstanding any other written law, it shall be the responsibility of the Lembaga to exercise the functions provided by this Act in the Kawasan Trengganu Tengah.

Without prejudice to the generality of the provisions 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.

All officers and servants of the Lembaga shall be under the general control of the Chairman.

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

If the Chairman is temporarily absent from Malaysia or 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 shall be responsible for the execution of all programmes, schemes or projects, for the carrying out of the decisions of the Lembaga and the direction of the Chairman.

The General Manager shall be responsible to the Chairman.

Subject to the directions of the Chairman, the General Manager shall have administrative control of the officers and servants of the Lembaga.

The General Manager shall perform such other or further duties as the Lembaga or the Minister may from time to time determine or as the Chairman may from time to time direct.

If the General Manager is temporarily absent from Malaysia or temporarily incapacitated through illness or for any other sufficient reason from the performance of his duties, the Lembaga may direct any member or officer or servant of the Lembaga to perform his duties during such temporary absence or other incapacity.

The Lembaga may, subject to such conditions, limitations or restrictions as it thinks fit, direct that any or all of the powers, duties or functions vested in or imposed on the General Manager under this Act to be exercised or performed by any of the officers or servants of the Lembaga and thereafter the General Manager shall cease to exercise or perform such powers, duties or functions.

The Director of each Division shall be appointed by the Chairman with the approval of the Minister.

It shall be the responsibility of the Director 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.

No person shall be eligible for employment as an 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 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.

Unless otherwise provided a reference in this Act to an officer of the Lembaga shall include a reference to the General Manager and the Director.

The Fund shall consist of—

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.

paying all expenses incurred under section 25;

granting loans under section 27;

paying any expenses 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, cost or expenditure properly incurred or accepted by the Lembaga in the execution of its duty or in the discharge of its functions 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 execution of its duty or in the discharge of its functions 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.

Before the beginning of September of each year the Lembaga shall submit to the Minister an estimate of the expenses (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 amount authorised for expenses generally or of the amounts authorised for each description of expenditure.

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 therein.

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.

The accounts of the Lembaga shall be audited annually by the Auditor General or other auditor appointed by the Lembaga with the approval of the Minister.

After the end of each financial year, and as soon as the accounts of the Lembaga have been audited, the Lembaga shall cause a copy of the statement of accounts to be transmitted to the Minister or, on being directed so to do by the Minister, to the Government of the State or any other person, together with a copy of any observations made by the Auditor General or other auditor appointed under subsection (2) on any statement or on the accounts of the Lembaga.

The Minister shall cause a copy of every such statement and observations to be laid on the table of the Dewan Rakyat.

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.

The Lembaga may, from time to time, with the approval of the Minister and the concurrence of the Minister of Finance, 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 the Second Schedule shall apply to the corporation established by the Lembaga under subsection (1).

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 the provisions of 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 dollars or to both.

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

Such regulations—

The appointment of any member may at question the Minister with

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 to the Minister.

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

A member shall devote such time to the business as may be necessary.

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

if he dies;

if there has been proved against

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; or

if he becomes bankrupt; or

if he is of

if he is of unsound mind or is otherwse incapable of performing his duties; or

if he absents himself from three consecutive months leave of the Lemb

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

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 provision of this Act, a person shall be appointed in his place in accordance with the provisions applying.

The quorum of the Lembaga shall be three.

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 sub-paragraphs (1), (2), (3) dan (4), the Lembaga shall determine its own procedure.

Until a seal is provided by the Lembaga a stamp bearing the description "Lembaga Kemajuan Trengganu Tengah" 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 Chairman or such other person as may be authorised by the Lembaga, and shall be authenticated by either the Chairman or such authorised person or by any officer authorised by either of 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 authorised by the Lembaga in that behalf.

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

(Ad A445/79)

A520

Any minutes made of

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.

of any vacancy in the

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

of the contravention by any member

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

of any omission, defect or irregularity

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

SECOND SCHEDULE

(Section 28 (2))

the purposes and objects for which

the purposes and objects for which such corporation is established;

the rights, powers, duties and defi

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

the system of management

the system of management thereof; and

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

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.

Until a seal is provided by the corporation under this paragraph a stamp bearing the name of the corporation encircling the letters "LKTT" may be used as a common seal.

The common seal, or the stamp referred to in sub-paragraph (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 authorised by the corporation in that behalf.

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