LEMBAGA KEMAJUAN WILAYAH JENGKA ACT 1983

to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Lembaga Kemajuan Wilayah Jengka;

to promote, stimulate, facilitate and undertake residential, industrial and commercial development in the Kawasan Lembaga Kemajuan Wilayah Jengka;

to control and co-ordinate the performance of the aforesaid activities in the Kawasan Lembaga Kemajuan Wilayah Jengka; and (d) to co-ordinate

to co-ordinate, and to co-operate and liaise with other agencies to ensure, the modernisation of the agricultural sector in the Kawasan Lembaga Kemajuan Wilayah Jengka.

The Lembaga shall have power to do all things expedient or reasonably necessary for, or incidental to the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing (a) to carry on all activities

to regulate development in the Kawasan Lembaga Kemajuan Wilayah Jengka; and

Subject to section 9, 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.

Notwithstanding subsections (1), (2) and (3), the Lembaga shall, before discharging any of its functions involving development planning, first consult the State Government.

a Chairman;

a Deputy Chairman;

three representatives of the Federal Government;

three representatives of the State Government;

three persons of relevant professional standing; and

the General Manager.

The provisions of the First Schedule shall apply to the Lembaga.

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

When attending meetings of the Lembaga, an alternate member shall for all purposes be deemed to be a member of the Lembaga.

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

The provisions of paragraphs 1 and 2 of the First Schedule shall also apply in respect of an alternate member in addition to the other provisions of the First Schedule which are applicable to him when attending meetings of the Lembaga.

as to the application of the proceeds of such disposals,

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

notwithstanding that the directions may be of a specific character:

Notwithstanding any other written law it shall be the responsibility of the Lembaga to exercise the functions provided by this Act in the Kawasan Lembaga Kemajuan Wilayah Jengka.

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 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.

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 incapacity.

The General Manager shall be responsible for—

The General Manager shall be responsible to the Chairman.

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

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

To assist the General Manager in his functions, the Lembaga may, with the approval of the Minister, appoint one or more Deputy General Managers and vest them with such powers and impose upon them such duties and functions as may be determined by the Lembaga.

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 Deputy General Manager to perform his duties during such temporary absence or incapacity.

The General Manager and every Deputy General Manager are officers of the Lembaga.

The officer in charge of each Division shall be appointed by the Lembaga with the approval of the Minister.

LEMBAGA KEMAJUAN WILAYAH JENGKA shall be the respo

It shall be the responsibility of the officer in charge of a Division to implement and execute the decisions 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 the 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.

The Fund shall consist of—

In this section, the expression "Loans" 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.

granting loans under section 28;

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, costs or expenditure properly incurred or accepted by the Lembaga in the execution of its duties or in the discharge of its functions under section 4;

purchasing or hiring plant, equipment, machinery, stores and any other materials, acquiring land and erecting buildings, and carrying out any other works and undertakings in the execution of its duties 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 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 such other person as may be specified in the direction.

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

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, with the approval of the Minister, deem expedient, for all or any of the following purposes:

The provisions of the Second Schedule shall apply to every 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 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.

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

Such regulations—

all subsidiary legislation made under the provisions of the Perbadanan Kemajuan Jengka Enactment 1971 (hereinafter referred to as "the Enactment") in force immediately before the appointed date shall, so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act;

all assets [including lands vested in or reserved for the purposes of the Perbadanan Kemajuan Jengka (hereinafter referred to as "the Perbadanan") , and moneys standing in, or due to be paid to, the Jengka Development Fund, established respectively under sections 3 and 23 of the Enactment], powers, rights, privileges, duties, liabilities and obligations which immediately before the appointed date were vested in or were those of the Perbadanan shall be transferred to and vest in the Lembaga without further assurance or shall devolve upon the Lembaga, as the case may be; and the Lembaga shall have all powers necessary to take possession of, recover and deal with such assets, exercise such powers and rights, enjoy such privileges, perform such duties and discharge such liabilities and obligations:

Provided that moneys standing in, or due to be paid to, the Jengka Development Fund shall vest in the Lembaga and be transferred to the Fund;

all deeds, bonds, agreements, instruments and working arrangements made, executed or entered into by or on behalf of the Perbadanan and subsisting immediately before the appointed date shall be of full force and effect against or in favour of the Lembaga and enforceable as fully and effectually as if, instead of the Perbadanan or any person acting on behalf of the Perbadanan, the Lembaga had been named therein or had been a party thereto; and

any proceedings, whether civil or criminal, or any cause of action pending or existing immediately before the appointed date by or against the Perbadanan or any person acting on behalf of the Perbadanan may be continued or instituted by or against the Lembaga or such person as if this Act had not been enacted.

All lands which immediately before the appointed date were reserved under the provisions of any written law relating to land for the purposes of

LEMBAGA KEMAJUAN WILAYAH JENGKA the Perbadanan shall, on that date, be deemed to be reserved for the purposes of the Lembaga under this Act. (3) Where immediately before the

Where immediately before the appointed date any proceedings have been taken under any written law relating to the compulsory acquisition of land for the purposes of the Perbadanan, such proceedings shall, as from that date, be deemed to have been taken for the acquisition of the land for the purposes of the Lembaga under this Act.

Nothing in this section shall be deemed to affect the right of the Lembaga to terminate the employment of such officer or servant transferred to the service of the Lembaga, or to vary his rate of pay or terms and conditions of service, in the manner and to the extent that the Perbadanan could have done had he continued in the service of the Perbadanan.

An order made under this section shall be laid on the table of both Houses of Parliament as soon as may be after its publication in the Gazette.

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FIRST SCHEDULE

[Section 5 (2)]

The appointment of any member other than the General Manager may at any time be revoked by the Minister without assigning any reason therefor.

The General Manager shall hold office as a member of the Lembaga for as long as he is the General Manager. His appointment as General Manager may be revoked by the Lembaga with the approval of the Minister and in accordance with the terms and conditions of service applicable to his case.

A member other than the General Manager may at any time resign his office by letter addressed to the Minister. The General Manager may resign his office by letter addressed to the Lembaga and to the Minister and in accordance with the terms and conditions of service applicable to his case.

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

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

an office involving fraud, dishonesty or moral turpitude; or

if he becomes bankrupt; or

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

if he absents himself from three consecutive meetings without leave of the Lembaga or, in the case of a member appointed under subsection (1) (c) or (1) (d) of section 5, if he so absents himself without such leave and without being represented thereat by the person appointed to be an alternate member in his place under subsection (1) of section 6:

Provided that, subsection (4) of section 6 notwithstanding, the office of the alternate member shall not be vacated under this subparagraph if he absents himself from three consecutive meetings without leave of the Lembaga

LEMBAGA KEMAJUAN WILAYAH JENGKA as long as the office of the member in respect of whom he has been appointed to be an alternate does not become vacated under this subparagraph; or in the event of his resignation being

in the event of his resignation being accepted by the Minister or, in the case of the General Manager, by the Lembaga with the approval of the Minister and in accordance with the terms and conditions of service applicable to his case; or (g) if his appointment is revoked by the

if his appointment is revoked by the Minister or, in the case of the General Manager, by the Lembaga with the approval of the Minister and in accordance with the terms and conditions of service applicable to his case.

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

The quorum of the Lembaga shall be six.

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.

The General Manager shall not have the right to vote at any meeting of the Lembaga and he shall be deemed not to be a member of the Lembaga for the purposes of this paragraph except subparagraph (6).

Subject to the provisions of this Act, the Lembaga shall determine its own procedure.

Until a seal is provided by the Lembaga a stamp bearing the description "Lembaga Kemajuan Wilayah Jengka" may be used and shall be deemed to be the common seal.

The common seal 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 to be 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.

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.

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

the contravention by any member of the Lembaga of the provisions of paragraph 7; or (c) any

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

SECOND SCHEDULE

[Section 29 (2)]

the purposes and objects for which such corporation is established;

the rights, powers, duties and functions

the rights, powers, duties and functions of such corpo ration;

the system of management thereof

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 discharging all its liabilities, shall be transferred to and shall vest 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, a stamp bearing the name of the corporation encircling the letters "LKWJ" may be used and shall be deemed to be the common seal.

The common seal or the stamp referred to in subparagraph (2) shall be kept 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.