What is AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008?

*NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY ACT 2008 is Malaysia Act, cited as Act 687 2008, currently marked in force and first recorded in 2008.

Is AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008 still in force?

Yes — AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008 is currently in force.

How many sections does AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008 have?

AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008 contains 52 sections.

Where can I read the official version of AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008?

The official text of AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008 is published at lom.agc.gov.my.

AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008 (No. 687)

Q: When did AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008 take effect?

AKTA PIHAK BERKUASA PELAKSANAAN KORIDOR UTARA 2008 was first recorded in 2008.

PRELIMINARY

Short title and commencement

Section 1

(2)

This Act comes into operation on such date as the Prime

Minister may, after consultation with the State Authorities, appoint by notification in the Gazette, and the Prime Minister may appoint different dates—

(a)

for the coming into operation of this Act in different areas or parts of the Northern Corridor Economic Region;

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(b)

for the coming into operation of different provisions of this Act in the Northern Corridor Economic Region; and

(c)

for the coming into operation of different provisions of this Act in different areas or parts of the Northern

Corridor Economic Region.

Interpretation

Section 2

In this Act, unless the context otherwise requires—

(a)

the Federal Government, or any State Government, State

Authority or local government; and

(b)

any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporate, of the Federal Government, or of any State Government or local government, whether established under written law or otherwise;

“committee” means a committee established by the Authority under section 15;

“State Planning Committee” means the State Planning Committee for a State, established under section 4 of the Town and Country

Planning Act 1976 [Act 172];

“open space” means any land, whether enclosed or not, which is laid out or reserved for laying out wholly or partly as a public garden, park, sports and recreation ground, pleasure ground, walk or as a public place;

“Approvals” means any approval of any Government Entity, whether under any written law or not, and includes approval for or in relation to licence, permit, pass, registration, tax, excise and incentives, required for or in connection with trade, investment and development in the Northern Corridor Economic Region;

“State Government” means the Government of a State;

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“Chief Executive” means the chief executive officer appointed under subsection 19(1) and includes any officer directed under subsection 19(6) to perform the duties of the chief executive officer;

“Fund” means the Northern Corridor Implementation Authority

Fund .established under section 31;

“prescribe” means prescribe by regulations;

“State” means each of the States of Perlis, Kedah, Pulau Pinang and Perak and “States” shall be construed accordingly;

“Chairman” means the Chairman of the Authority specified under section 9;

“Authority” means the Northern Corridor Implementation

Authority established under section 4;

“State Authority” means the State Authority of a State;

“local planning authority” has the meaning assigned to it in the Town and Country Planning Act 1976;

“local authority” has the meaning assigned to it in the Local

Government Act 1976 [Act 171];

“National Physical Plan” has the meaning assigned to it in the

Town and Country Planning Act 1976;

“NCER Development Plan” means the draft NCER Development

Plan approved by each and every State Government pursuant to section 24, and includes any alteration of such NCER Development

Plan by virtue of section 25;

“structure plan” has the meaning assigned to it in the Town and Country Planning Act 1976;

“local plan” has the meaning assigned to it in the Town and

Country Planning Act 1976;

“Northern Corridor Economic Region” means the area or areas determined by the Prime Minister in accordance with section 16.

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General assurances

Section 3

“Government Entity” means—

(2)

The provisions of this Act shall be read together with any written law relating to any Government Entity and shall not derogate from any of the rights, powers and functions conferred on any Government Entity under any such written law.

Section 4

(2)

The Authority shall have perpetual succession and a common seal.

(3)

The Authority may sue and be sued in its name.

(4)

Subject to and for the purposes of this Act, the Authority may, upon such terms as it deems fit—

(a)

enter into contracts;

(b)

acquire, purchase, take, hold and enjoy movable and immovable property of every description; and

(c)

convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Authority.

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Objectives of the Authority

Section 5

The objectives of the Authority are—

(a)

to promote and accelerate the development of the Northern

Corridor Economic Region into a world-class economic region and a choice destination for investment, work and living; and

(b)

to ensure that social development and sustainable development are kept as priorities whilst driving economic growth in the Northern Corridor Economic Region.

Functions of the Authority

Section 6

Subject to subsection 22(1), the functions of the Authority shall be—

(a)

to establish direction, policies and strategies in relation to development within the Northern Corridor Economic

Region and other functions in connection therewith as provided in Part IV;

(b)

to recommend to the relevant Government Entities policies, laws and actions to be applied to the Northern Corridor

Economic Region which it deems necessary to achieve its objectives under this Act;

(c)

to co-ordinate the performance of the activities carried out by Government Entities in the Northern Corridor

Economic Region as provided in Part V, including—

(i)

to recommend uniform standards, guidelines, best practices and administrative processes and procedures to be adopted by Government Entities for the Northern Corridor Economic Region; and

(ii)

to monitor the implementation of uniform standards, guidelines, best practices and administrative processes and procedures in facilitating the development of the Northern

Corridor Economic Region;

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(d)

to conduct inquiries on, carry out surveys on, collate, analyse and publish information, statistics and factors influencing or relevant to development, business or investment and to disseminate such information, statistics and factors to investors or potential investors, whether local or foreign, in the Northern Corridor. Economic

Region and to the relevant Government Entities;

(e)

to recommend to the relevant Government Entities incentives to be applicable to investors in the Northern

Corridor Economic Region;

(f)

to promote, stimulate, facilitate and enhance the international competitiveness of the Northern Corridor Economic

Region as an agricultural, manufacturing, education, trade, investment and logistics centre, and tourist destination;

(g)

to promote, stimulate, facilitate, co-ordinate and undertake in the Northern Corridor Economic Region—

(i)

economic and social development;

(ii)

agricultural development, including the modernization, diversification and commercialization of the agricultural sector;

(iii)

industrial development, including the development of higher value-added activities and new industries;

(iv)

the development of tourism, including the development of medical health tourism, luxury tourism and ecotourism;

(v)

the development of infrastructure and logistics;

(vi)

the development of art, culture and heritage;

(vii)

human capital development, including the development of vocational and technical institutions and centres of excellence for research, teaching and training;

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(viii)

the development of educational facilities or infrastructure;

(ix)

the development of health and medical facilities;

and

(x)

sustainable development, including environmental protection, management and conservation;

(h)

to promote private sector investment in the developments mentioned in paragraph (g);

(i)

to provide advisory and consultancy services to investors or potential investors in the Northern Corridor Economic

Region;

(j)

to develop and review criteria for incentives which are directly and exclusively managed and administered by the Authority as approved by the Federal Government from time to time to be applicable to investors in the

Northern Corridor Economic Region, and to receive, process, evaluate and grant such incentives to eligible investors;

(k)

to plan, phase, prioritize, co-ordinate and review the performance of the activities mentioned in paragraphs

(f)

and (g) and such other activities within the Northern

Corridor Economic Region which are deemed by the

Authority to be of strategic importance to or in the interest of the Northern Corridor Economic Region;

(l)

to assist the relevant Government Entities in reviewing and evaluating the performance of the activities mentioned in paragraphs (f) and (g) within the Northern Corridor

Economic Region; and

(m)

to carry out any other functions conferred by or under this Act and to perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in this section or in furtherance of the objectives of the Authority.

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Powers of the Authority

Section 7

Subject to and for the purposes of this Act, the powers of the

(a)

to carry on or engage in any commercial activity or profit-making enterprise, subject to the approval of the

Federal Government;

(b)

to initiate and carry out studies of possible development and redevelopment areas, propose plans outlining development or redevelopment activities including identifying suitable locations and other key enablers for such purposes and carry out surveys to determine if the undertaking and carrying out of development or redevelopment projects are feasible;

(c)

to promote, recommend, facilitate, assist in, co-ordinate, organize, develop and undertake strategies and initiatives to enhance the international competitiveness of goods and services in the Northern Corridor Economic Region, including strategies and initiatives relating to—

(i)

the development of strong regional and world-class brands;

(ii)

the dissemination of modern or international best practices or standards for adoption by producers or service providers;

(iii)

the achievement of international accreditation or certification by businesses;

(d)

to develop, promote, recommend, facilitate, organize, co-ordinate and undertake social development initiatives aimed at alleviating poverty and reducing income disparity in the Northern Corridor Economic Region;

(e)

to 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;

Northern Corridor Implementation Authority 15

(ii)

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

(f)

to co-ordinate and assist the relevant Government Entities in reviewing and evaluating development, including the development of the agricultural, manufacturing and services sectors, infrastructure and public amenities in the Northern Corridor Economic Region;

(g)

to make recommendations to the State Authorities and local authorities within the Northern Corridor

Economic Region in relation to local government functions and services including local planning control and the regulation, approval and control of all buildings and building operations, the repair and removal of ruinous and dangerous buildings, and the prohibition, closure and demolition of a building of a particular class, design or appearance in the Northern Corridor

Economic Region;

(h)

to co-operate with or act as authorized agent of, or otherwise act in association with or on behalf of, any

Government Entity, any company or corporation, or any body or person, whether local or foreign;

(i)

to directly or indirectly approach any investor or potential investor, whether local or foreign, in order to promote investment in the Northern Corridor Economic

Region;

(j)

to promote, facilitate, assist and co-ordinate the carrying on of the activities mentioned in paragraphs (a) to (d)

by any Government Entity or any person, whether local or foreign or jointly by them;

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(k)

to establish or expand, or promote the establishment or expansion of, companies or other bodies to carry on any of the activities mentioned in paragraphs (a) to (d) either under the control or partial control of the Authority or independently;

(l)

to enter into (or by an entity under its control or partial control referred to in paragraph (k)) partnership or into any arrangements for sharing profits, union of interest, co-operation, joint venture, reciprocal concession or otherwise, with any person, company or body or any business, activity or transaction capable of being conducted so as directly or indirectly to achieve the objectives of the Authority and to take or otherwise to acquire shares and securities of any such company and to sell, hold, re-issue with or without guarantee or otherwise deal with the same;

(m)

to underwrite or otherwise acquire and hold any securities and to dispose of the securities on such terms and conditions as the Authority may determine;

(n)

subject to and in accordance with any written law, to establish, manage and operate any investment fund, whether relating to property, stock, shares or otherwise, and to dissolve the investment fund on such terms and conditions as the Authority may determine;

(o)

to apply for and accept the alienation or transfer of land within the Northern Corridor Economic Region for development;

(p)

to dispose of capital assets and to use the proceeds from such disposal;

(q)

to appoint such agents as it may deem fit for the purpose of performing its functions;

(r)

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

and

(s)

to do all things expedient or necessary for or incidental to the performance of its functions under this Act.

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Additional functions of the Authority

Section 8

Authority shall include the power—

Authority by this Act, the Authority may undertake such other functions, exercise such other powers and expend such other moneys for such purposes as the Federal Government or, with the approval of the Prime Minister, any State Government may assign or give to it, and in so doing the Authority shall be deemed to be fulfilling the purposes of this Act and the provisions of this

Act shall apply to the Authority in respect of the undertaking of such functions, the exercise of such powers and the expending of such moneys:

Provided that the accounts of such moneys shall be kept separate and apart from those of the Fund.

Section 9

Membership of the Authority

(a)

the Chairman, who shall be the Prime Minister;

(b)

the Deputy Prime Minister;

(c)

the Menteri Besar or Chief Minister, as the case may be, of each State;

(d)

two Federal Ministers to be appointed by the Prime

Minister for such duration and on such terms as the

Prime Minister may determine;

(e)

a representative of the civil service to be appointed by the Prime Minister for such duration and on such terms as the Prime Minister may determine; and

(f)

two members from the private sector with suitable experience or qualifications to be appointed by the Prime Minister.

(2)

The Deputy Prime Minister shall preside at a meeting of the Authority in the absence of the Prime Minister.

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(3)

Subject to the approval of the Prime Minister, any member of the Authority described in paragraphs (b) to (e) may appoint an alternate, who may be another member of the Authority, to attend meetings of the Authority in his absence.

(4)

When attending meetings of the Authority in place of a member, an alternate member shall for all purposes be deemed to be a member of the Authority at the relevant meeting in respect of which he is appointed as an alternate of such member.

(5)

The Authority may invite any other person to attend any meeting or discussion of the Authority for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or discussion.

(6)

The Chief Executive shall be the Secretary to the Authority.

(7)

The provision of the Schedule shall apply to the Authority.

Appointment, revocation and resignation

Section 10

(2)

The appointment of any member under paragraph 9(1)(f)

may at any time be revoked by the Prime Minister, without assigning any reason for the revocation.

(3)

A member appointed under paragraph 9(1)(f) may at any time resign his office by letter addressed to the Prime Minister.

Vacation of office

Section 11

The office of a member of the Authority appointed under paragraph 9(1)(f) is vacated—

(a)

if he dies;

Northern Corridor Implementation Authority 19

(b)

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

(i)

an offence involving fraud, dishonesty or moral turpitude;

(ii)

an offence under any law relating to corruption or under section 45; or

(iii)

any other offence punishable with imprisonment

(in itself only or in addition to or in lieu of a fine) for more than two years;

(c)

if he becomes a bankrupt;

(d)

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

(e)

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

(f)

if his resignation is accepted by the Prime Minister; or

(g)

if his appointment is revoked by the Prime Minister.

Filling of vacancy

Section 12

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

Section 13

Remuneration or allowance

(2)

Any person invited to attend any meeting or discussion of the Authority under subsection 9(5) may be paid such allowances and other expenses as the Prime Minister may determine.

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Disclosure of interest

Section 14

(2)

A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority or relevant committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—

(a)

shall not be present in any discussion or during decision making of the Authority or relevant committee, as the case may be, about the matter; and

(b)

shall be disregarded for the purpose of constituting a quorum of the Authority or relevant committee, as the case may be, when the matter is discussed or decided upon.

(3)

Any member of the Authority or relevant committee who fails to disclose his interest as provided under subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(4)

No act or proceedings of the Authority or relevant committee shall be invalidated on the ground that any member of the Authority or relevant committee has contravened this section.

(5)

For the purpose of this section—

“a member of his family”, in relation to a member of the

Authority or a committee, includes—

(a)

his spouse;

(b)

his parent, including a parent of his spouse;

(c)

his child, including an adopted child or stepchild;

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(d)

his brother or sister, including a brother or sister of his spouse; and

(e)

a spouse of his child, brother or sister; and

“associate”, in relation to a member of the Authority or a committee, means—

(a)

a person who is a nominee or an employee of the member;

(b)

a firm in which the member or any nominee of his is a partner;

(c)

a partner of the member;

(d)

a trustee of a trust under which the member or a member of his family is a beneficiary; or

(e)

any corporation within the meaning of the *Companies Act 2016 [Act 777], of which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding in the corporation.

The Authority may establish committees

Section 15

(2)

Membership of a committee established under subsection (1)

may include one or more individuals from the private sector.

(3)

The Authority may revoke the appointment of any member of a committee without assigning any reason for the revocation.

(4)

A member of a committee may at any time resign by giving notice in writing to the Chairman of the Authority.

*NOTE—This Act has replaced the Companies Act 1965 [Act 125]—see subsection 620(1) of

Act 777.

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(5)

A committee shall regulate its own procedure in accordance with such policies, guidelines or regulations as may be issued or made by the Authority from time to time under this Act.

(6)

A committee shall be subject to and act in accordance with any direction given to the committee by the Authority.

(7)

The Authority may at any time discontinue or alter the constitution of a committee.

(8)

Meetings of a committee shall be held at such times and places as the chairman of the committee may determine.

(9)

A committee shall cause—

(a)

minutes of all its meetings to be maintained and kept in a proper form; and

(b)

copies of the minutes of each meeting to be submitted to the Authority within fourteen days from the date of the relevant meeting.

(10)

Any minutes made of a meeting of a committee shall, if duly signed by the chairman of the committee, be admissible in evidence in all legal proceedings without further proof.

(11)

Every meeting of a committee in respect of which minutes of the proceedings have been made and signed in accordance with subsections (9) and (10) shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act.

(12)

A committee may invite any person to attend any of its meetings, for the purpose of advising it on any matter under discussion, but that person shall not be entitled to vote at the meeting.

(13)

Members of a committee may be paid such remuneration or allowances as the Prime Minister may determine and any person invited to attend any meeting of a committee may be paid such allowances and other expenses as the Prime Minister may determine.

(14)

The chairman of any committee may authorize a member to use live video, television links or other appropriate communication or multimedia facilities to participate in any meeting of the relevant committee.

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(15)

No act done or proceeding taken under this Act shall be questioned on the ground of—

(a)

any vacancy in the membership, or any defect in the constitution, of a committee; or

(b)

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

The Northern Corridor Economic Region

Section 16

The Prime Minister may from time to time, with the concurrence of the relevant State Authority specified in paragraphs (a), (b), (c)

and (d), determine by notification in the Gazette the area or areas in the relevant States within which the Authority shall perform its functions under this Act and such area or areas shall collectively be known as the “Northern Corridor Economic Region”:

(a)

the State Authority of Perlis, in respect of any area or areas falling within the State of Perlis;

(b)

the State Authority of Kedah, in respect of any area or areas falling within the State of Kedah;

(c)

the State Authority of Pulau Pinang, in respect of any area or areas falling within the State of Pulau Pinang;

and

(d)

the State Authority of Perak, in respect of any area or areas falling within the State of Perak.

Delegation of the Authority’s functions and powers

Section 17

(a)

the Chairman;

(b)

a member of the Authority;

(c)

a committee; or

(d)

an officer of the Authority.

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(2)

Without prejudice to subsection (1) and other provisions of this Act, the Authority may delegate to a member of the

Authority or a committee or an officer of the Authority, authority to sanction expenditure from the Fund or any other moneys vested in and under the control of the Authority up to such limit as the

Authority shall specify.

(3)

A member of the Authority or a committee or an officer, as the case may be, delegated with such function or power shall be bound to observe and have regard to all conditions and restrictions imposed by the Authority and all requirements, procedures and matters specified by the Authority.

(4)

Any function or power delegated under this section shall be performed and exercised in the name and on behalf of the

Authority.

(5)

A delegation under this section shall not preclude the

Authority itself from performing or exercising at any time any of the delegated functions or powers.

Returns, reports, accounts and information

Section 18

(2)

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

Authority shall, within six months after the end of each financial year, cause to be made and transmitted to the Prime Minister and, if so directed by the Prime Minister, to any other public authority a report dealing with the activities of the Authority during the preceding financial year.

(3)

The report under subsection (2) shall be in such form and shall contain such information relating to the proceedings and policy of the Authority as the Prime Minister may, from time to time, specify.

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CHIEF EXECUTIVE, OFFICERS AND SERVANTS OF

The Chief Executive

Section 19

(2)

The Chief Executive shall be responsible for—

(a)

the general conduct, administration and management of the functions, activities and day-to-day affairs of the

Authority;

(b)

the preparation of programmes, schemes and projects for the consideration of the Authority;

(c)

the execution of all programmes, schemes and projects of the Authority; and

(d)

the carrying out of the decisions of the Authority and the directions of the Chairman.

(3)

The Chief Executive shall have general control of the officers and servants of the Authority.

(4)

The Chief Executive shall perform such other duties as the

Authority may, from time to time, direct.

(5)

In discharging his duties, the Chief Executive shall act under the general authority and direction of the Authority.

(6)

If the Chief Executive is temporarily absent from Malaysia or is temporarily incapacitated through illness or for any other reason from the performance of his duties, the Authority may direct any other officer to perform his duties during such temporary absence or incapacity.

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Employment of other officers and servants of the Authority

Section 20

(2)

The Authority may make regulations with respect to the conditions of service of its officers and servants.

Financial assistance to members, officers, servants and other persons

Section 21

The Authority may provide—

(a)

payment of retirement benefits, gratuities and other allowances as the Authority may determine to the officers and servants of the Authority;

(b)

subsidies, grants, financing or credit facilities, with or without interest, for purpose of housing or vehicle purchase, and other compassionate financing or loans, to the members, officers and servants of the

Authority;

(c)

subsidies, grants, financing or credit facilities, with or without interest, for medical purposes to the members, officers and servants of the Authority, and their dependents;

(d)

financing or credit facilities, with or without interest, for educational purposes or scholarships to the members, officers and servants of the Authority or any other person; and

(e)

donations to any person, on such terms and conditions as the Authority may determine.

Northern Corridor Implementation Authority 27

DIRECTION, POLICIES AND STRATEGIES FOR DEVELOPMENT

IN THE NORTHERN CORRIDOR ECONOMIC REGION

Responsibility of the Authority

Section 22

(a)

ensure that the functions are performed in such manner as shall be in furtherance of the policies in force of the Federal Government and each State Government relating to the development of the Northern Corridor

Economic Region, and the policies contained in the

NCER Development Plan;

(b)

have regard to and act within the general framework of—

(i)

the national policy for the promotion and control of the utilization of land;

(ii)

the National Physical Plan; and

(iii)

the general policy of each State Authority in respect of the planning of the development and use of land and buildings; and

(c)

consult the relevant Government Entity having jurisdiction over the relevant activity or matter proposed to be undertaken or performed by the Authority.

(2)

Without prejudice to any other provision of this Act, in carrying out its responsibility under subsection (1), the Authority shall—

(a)

assist each State Government to co-ordinate development in the Northern Corridor Economic Region, and for this purpose, the Authority shall prepare a draft NCER

Development Plan and formulate strategies and initiatives for the implementation of the NCER Development Plan in the private and public sectors for adoption by the relevant local planning authorities within the Northern

Corridor Economic Region pursuant to subsection 24(5);

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(b)

integrate the planning policies and strategies of the

Federal Government, each State Government and the relevant local planning authorities within the Northern

Corridor Economic Region insofar as they are applicable or relevant to the Northern Corridor Economic Region;

(c)

implement strategies and initiatives for the development of the agricultural, manufacturing and services sectors within the Northern Corridor Economic Region and the attraction of investment to the Northern Corridor Economic

Region, in accordance with the NCER Development

Plan;

(d)

identify the necessary infrastructure requirements for the economic and social development of the Northern

Corridor Economic Region in accordance with the NCER

Development Plan, develop and recommend strategies and initiatives for the provision of such infrastructure, receive and channel any funds allocated by Parliament for the provision of such infrastructure and assist the relevant Government Entity in reviewing and evaluating its construction, implementation, operation and upkeep;

(e)

recommend criteria to be met by Government Entities and private contractors in relation to the provision of, or the capacity to provide, the infrastructure or services required, in accordance with the NCER Development

Plan, for the economic and social development of the

Northern Corridor Economic Region;

(f)

identify the necessary human capital requirements or skills for the economic development of the Northern

Corridor Economic Region and develop strategies for ensuring that those requirements or skills are developed and maintained;

(g)

integrate national and State strategies in formulating strategies in the draft NCER Development Plan in relation to environmental protection, conservation and management of natural resources located within the

Northern Corridor Economic Region; and

(h)

integrate scientific and technological research and its commercial exploitation within the economic framework of the Northern Corridor Economic Region.

Northern Corridor Implementation Authority 29

Preparation of draft NCER Development Plan

Section 23

(2)

The draft NCER Development Plan shall consist of written statements and—

(a)

shall formulate, in such detail as the Authority thinks appropriate, its proposals for the overall framework, vision and objectives of the development of the Northern

Corridor Economic Region, which shall include strategies for the physical, economic and social development of the Northern Corridor Economic Region;

(b)

shall formulate, in such detail as the Authority thinks appropriate, its proposals for planning and implementation initiatives to realise the strategies referred to in paragraph (a), which shall include initiatives relating to—

(i)

the functions of the Authority under paragraphs 6(b) and (c);

(ii)

the enhancement of the quality of living environment in the Northern Corridor Economic Region;

(iii)

the management and enhancement of social development in the Northern Corridor Economic

Region;

(iv)

the management of the use of land in the Northern

Corridor Economic Region;

(v)

the achievement or enhancement of international competitive advantage for goods and services in the Northern Corridor Economic Region, which includes activities relating to branding, research, accreditation to international standards and marketing;

(vi)

the development of sectoral-relevant or industry-relevant human capital, which includes activities relating to education, training and research;

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(vii)

the development and expansion of tourist attractions within the Northern Corridor Economic Region;

(viii)

the attraction of investment to the agricultural, manufacturing and services sectors in the Northern

Corridor Economic Region;

(ix)

the development of the agricultural sector, including its modernization, diversification and commercialization;

(x)

the development of the industrial sector, including the development of higher value-added industries and new industries;

(xi)

the provision of incentives for agricultural, manufacturing and services sectors in the Northern

Corridor Economic Region;

(xii)

the protection, management, preservation and enhancement of natural environmental resources, agricultural resources, sensitive coastal ecosystems, highlands, forests, parks and open spaces in the

Northern Corridor Economic Region, including—

(aa) the protection of environmentally sensitive areas described in the National Physical

Plan;

(bb) the improvement of water, energy and waste management in the Northern

Corridor Economic Region;

(xiii)

the provision, integration, improvement, expansion, centralization, co-ordination and enhanced management and monitoring of utility infrastructure and services in the Northern Corridor Economic

Region;

(xiv)

the promotion of transit-oriented development in the Northern Corridor Economic Region;

Northern Corridor Implementation Authority 31

(xv)

the enhancement of logistics or transportation infrastructure and services in the Northern

Corridor Economic Region, including—

(aa) the enhancement of internal, national and international transport linkages for movement of goods and people;

(bb) the provision and management of an integrated, co-ordinated and inter-connected public transportation system, which shall be consistent with the overall framework, vision, objectives and strategies referred to in paragraph

(a)

; and

(c)

may formulate, in such detail as the Authority thinks appropriate, its proposals, policies and strategies applicable to the areas surrounding the Northern Corridor Economic

Region within the State of Perak insofar as such proposals, policies and strategies are reasonably required to achieve the proposals referred to in paragraphs (a) and (b); and without prejudice to the generality of the foregoing, the proposals, policies and strategies applicable to the areas surrounding the Northern Corridor Economic Region within the State of Perak may include matters relating to security, the protection and improvement of the environment and the preservation of natural resources.

(3)

The draft NCER Development Plan shall contain, or be accompanied by, such maps, diagrams, illustrations, reports, drawings, models and descriptive matter as the Authority thinks appropriate for the purpose of explaining or illustrating the proposals in the draft NCER Development Plan, or as may in any particular case be specified in directions given by the State Government; and the maps, diagrams, illustrations, reports, drawings, models and descriptive matter shall be treated as forming part of the draft

NCER Development Plan.

(4)

In formulating its proposals in the draft NCER Development

Plan, the Authority shall—

(a)

consult each State Government, on any proposal in relation to the relevant State;

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(b)

secure that the proposals conform generally to the socio-economic development plan and structure plan for the relevant State as it stands for the time being, whether or not it has come into effect; and

(c)

shall have regard to—

(i)

any information and other considerations that appear to it to be relevant:

(ii)

any information and other considerations that the relevant State Government may direct it to take into account for any proposal in relation to the relevant State;

(iii)

national policies, wherever relevant; and

(iv)

the policies of the relevant State, wherever relevant.

Approval or rejection of draft NCER Development Plan

Section 24

(2)

A State Government may only withhold its approval of the draft NCER Development Plan if it is of the opinion that the draft NCER Development Plan or any part thereof has not been prepared in accordance with the requirements of paragraph 23(4)

(a)

or (b) or subparagraph 23(4)(c)(ii) or (c)(iv).

(3)

For the avoidance of doubt, a State Government may not withhold its approval if any of those requirements are not met in respect of a proposal pertaining to another State.

(4)

The Authority shall publish the fact of the approval of the draft NCER Development Plan by each State Government—

(a)

at the Authority’s internet website, in the national and

English languages, together with the NCER Development

Plan; and

Northern Corridor Implementation Authority 33

(b)

in three issues of at least one local newspaper in the national language and one local newspaper in the English language, together with the marking by which the approved

NCER Development Plan may be identified and with a statement of the place where the NCER Development

Plan may be inspected.

(5)

After the NCER Development Plan has been approved by each and every State Government—

(a)

in relation to any area within the Northern Corridor

Economic Region for which a local plan has yet to receive the assent of a State Authority, the relevant

State Planning Committee for such area shall give a direction to the relevant local planning authority under paragraph 12(3)(b) and subsection 12(8) of the Town and Country Planning Act 1976 to incorporate into the draft local plan for the area such contents of the NCER

Development Plan as such State Planning Committee may deem relevant or appropriate; and

(b)

in relation to any area within the Northern Corridor

Economic Region for which a local plan has received the assent of any State Authority, the relevant State

Planning Committee for such area shall give a direction to the relevant local planning authority under subsection 16(2) of the Town and Country Planning Act 1976 to alter such local plan by incorporating such contents of the NCER Development Plan as such State Planning

Committee may deem relevant or appropriate.

Review or alteration of NCER Development Plan

Section 25

(2)

Section 24 shall apply, with the necessary modifications, in relation to an alteration of the NCER Development Plan as it applies in relation to the preparation of the draft NCER

Development Plan.

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Duty to take cognisance of NCER Development Plan

Section 26

It shall be the duty of every Government Entity and person, whether local or foreign, to take cognizance of, and act in a manner consistent with—

(a)

the contents of the NCER Development Plan not incorporated into a local plan pursuant to subsection 24(5) in the performance of its functions and duties, in the exercise of its powers, and in the carrying out of its activities, within the Northern Corridor Economic Region; and

(b)

the contents of the NCER Development Plan as described in paragraph 23(2)(c) not incorporated into a local plan pursuant to subsection 24(5), if any, in the performance of its functions and duties, in the exercise of its powers, and in the carrying out of its activities in the areas surrounding the Northern Corridor Economic Region within the State of Perak.

Prescribed strategic development

Section 27

(2)

Any person or Government Entity intending to carry out—

(a)

any prescribed strategic development; or

(b)

any development within a prescribed strategic development area, shall first refer such proposed development to the Authority for its direction before carrying out the proposed development.

(3)

Directions given under subsection (2) shall be for securing conformity and consistency with the contents of the NCER

Development Plan, not incorporated into a draft local plan or local plan pursuant to subsection 24(5).

Northern Corridor Implementation Authority 35

CO-ORDINATION BETWEEN GOVERNMENT ENTITIES IN THE

NORTHERN CORRIDOR ECONOMIC REGION

Principal co-ordinating agency

Section 28

(a)

act as a principal co-ordinating agent or authorized agent on behalf of the relevant Government Entities in relation to the receiving, processing and expediting of the requisite Approvals and administrative actions in connection with applications for Approvals in respect of which the Authority has entered into an agreement or arrangement under section 29; and

(b)

render administrative services and assistance to each State

Authority in connection with matters relating to land within the Northern Corridor Economic Region.

(2)

The Authority may, in carrying out the role specified in paragraph (1)(a)—

(a)

impose on the applicant such fees, costs or any other charges as may be prescribed in respect of services rendered by the Authority; and

(b)

on behalf of the relevant Government Entities, collect from the applicant such fees, costs or any other charges as may be lawfully required by such Government Entities in connection with the applications.

Arrangements with Government Entities

Section 29

Corridor Economic Region—

(a)

the carrying out by the Authority and the Government

Entity of any of their respective functions and powers;

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(b)

the carrying out or provision by the Authority for the

Government Entity, or by the Government Entity for the Authority, of any works or services; or

(c)

the collection by the Authority on behalf of the Government

Entity of such fees, costs or any other charges as may be lawfully required, charged or imposed by such

Government Entity.

(2)

Any agreement or arrangement entered into under subsection (1) shall be—

(a)

with the consent of the Prime Minister in the case of a

Federal Government Entity;

(b)

with the consent of the relevant State Authority in the case of a State Government Entity; and

(c)

subject to and in accordance with the laws governing the powers and functions of the relevant Government Entity.

Responsibility of Government Entities

Section 30

It shall be the responsibility of every Government Entity to—

(a)

co-operate with and assist the Authority in the performance by the Authority of its functions and in achieving its objectives under this Act;

(b)

where relevant, refer to and utilize the information, statistics and factors disseminated by the Authority under paragraph 6(d) in the performance of its functions and duties, in the exercise of its powers, and in the carrying out of its activities, within the Northern Corridor Economic

Region; and

(c)

give due consideration to recommendations of the Authority for application, adoption or use in the Northern Corridor

Economic Region under this Act.

Northern Corridor Implementation Authority 37

FINANCE

The Fund

Section 31

(2)

The Fund shall consist of—

(a)

such sums as may be provided by Parliament for the purposes of this Act from time to time;

(b)

such sums as may be paid to the Authority from time to time for loans given by the Authority;

(c)

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

(d)

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

(e)

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

(f)

sums borrowed by the Authority for the purposes of meeting any of its obligations or discharging any of its duties;

(g)

fees, costs and any other charges imposed by the Authority under this Act;

(h)

all moneys earned from consultancy and advisory services and any other service rendered by the Authority;

(i)

all other sums or property, other than sums mentioned in paragraph 28(2)(b), which may in any manner become payable to or vested in the Authority in respect of any matter incidental to its functions, powers and duties;

and

(j)

all other moneys lawfully received by the Authority.

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Expenditure to be charged on the Fund

Section 32

The Fund shall be expended for the purposes of—

(a)

paying any expenditure lawfully incurred by the Authority, including survey and legal fees and costs and other fees and costs;

(b)

paying for the remuneration or allowances of the members of the Authority, any committee or, officers and servants of the Authority, including the granting of loans and advances, superannuation allowances, retirement benefits, pensions and gratuities;

(c)

paying for the allowances and other expenses of invitees to meetings of the Authority or any committee;

(d)

paying any other expenses, costs or expenditure lawfully incurred or accepted by the Authority in the performance of its functions or the exercise of its powers under this

Act;

(e)

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

(f)

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

(g)

granting financial assistance under section 21;

(h)

granting incentives to investors in the Northern Corridor

Economic Region meeting the criteria prescribed by the

Authority from time to time; and

(i)

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

Northern Corridor Implementation Authority 39

Conservation of the Fund

Section 33

It shall be the duty of the Authority to conserve the Fund by so performing its functions and exercising its powers under this Act to secure that the total revenues of the Authority are sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.

Section 34

Reserve fund

The Authority shall establish and manage a reserve fund within the Fund.

Section 35

Bank accounts

The Authority shall open and maintain an account or accounts with such banks in Malaysia as the Authority thinks fit, and every account shall be operated upon as far as practicable by cheques signed by any person as may be authorized by the Authority for such purpose from time to time.

Section 36

Power to borrow

(2)

The Authority may, from time to time, with the approval of the Prime Minister and the Minister of Finance, borrow money by the issue of any financial instrument upon such terms as it may, with the approval of the Prime Minister and the Minister of

Finance, deem expedient, for all or any of the following purposes:

(a)

the provision of working capital;

(b)

the performance of the functions, the exercise of the powers and the discharge of the duties of the Authority under this Act;

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(c)

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

(d)

the redemption of any financial instrument which the

Authority is required or entitled to redeem; and

(e)

any other expenditure properly chargeable to capital account.

Investment

Section 37

The moneys of the Authority, insofar as they are not required to be expended by the Authority under this Act, shall be invested in such manner as the Prime Minister may approve.

Section 38

Expenditure and preparation of estimates

(2)

Before the beginning of September of each year, the

Authority shall submit to the Prime Minister an estimate of the expenditure, including the expenditure for development projects, for the following year in such form and containing such particulars as the Prime Minister may direct.

(3)

The Prime Minister shall, before the beginning of the following year, notify the Authority of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

(4)

The Authority may at any time submit to the Prime Minister a supplementary estimate of its expenditure for any one year and the Prime Minister may allow the whole or any part of the additional expenditure included in the supplementary estimate.

(5)

The Prime Minister may direct the Authority to submit a copy of the estimate or supplementary estimate, as the case may be, to such other public authority as may be specified in the direction.

Northern Corridor Implementation Authority 41

Financial year

Section 39

The financial year of the Authority shall begin on 1 January and end on 31 December of each year.

Section 40

Statutory Bodies (Accounts and Annual Reports) Act 1980

The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Authority.

GENERAL

Power to employ

Section 41

The Authority may employ, appoint and pay agents, contractors and technical advisers, including advocates and solicitors, bankers, stockbrokers, surveyors, valuers and other persons, to transact any business, to carry out any project, scheme or enterprise, or to do any act required to be transacted or done in the performance of its functions, the exercise of its powers or the discharge of its duties or for the better carrying into effect the purposes of this Act.

Section 42

Power to establish companies

The Authority may establish companies under the *Companies

Act 2016 to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Authority in the performance of its functions or the exercise of its powers.

Section 43

Offence for giving false or misleading information

(2)

If a person who commits an offence under subsection (1)

is one whose profession is regulated by any written law, he shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

(3)

Any company or corporation which discloses or provides, or causes any person to disclose or provide, information to the

Authority which it knows or has reason to believe is false or misleading commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit.

Offence for unauthorized modification of information in

Authority’s custody

Section 44

(2)

For the purposes of this section—

(a)

it is immaterial that the act in question is not directed at—

(i)

any particular information, statistic or data;

(ii)

information, statistic or data of any kind; or

(iii)

any information, statistic or data held in any particular location;

(b)

it is immaterial whether an unauthorized modification is, or is intended to be, permanent or merely temporary;

(c)

a modification of any information, statistic or data takes place if—

(i)

such information, statistic or data is altered or erased;

(ii)

any new information, statistic or data is introduced or added to such information, statistic or data; or

Northern Corridor Implementation Authority 43

(iii)

any event occurs which impairs the ability of the

Authority to have access to such information, statistic or data, and includes any act that contributes towards causing such a modification.

(3)

A person who commits an offence under this section shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit, or be liable to a fine not exceeding one hundred and fifty thousand ringgit if the act is done with the intention of causing injury as defined in the Penal Code [Act 574].

(4)

If a person who commits an offence under this section is one whose profession is regulated by any written law, he shall, on conviction, be liable to a fine not exceeding one hundred and fifty thousand ringgit, or be liable to a fine not exceeding two hundred thousand ringgit if the act is done with the intention of causing injury as defined in the Penal Code.

(5)

Any company or corporation which commits an offence under this section shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit, or be liable to a fine not exceeding two hundred and fifty thousand ringgit if the act is done with the intention of causing injury as defined in the

Penal Code.

Obligation of secrecy

Section 45

(2)

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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Offences by body corporate

Section 46

Where a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—

(a)

that the offence was committed without his knowledge, consent or connivance; and

(b)

that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.

Protection against suit and legal proceedings

Section 47

No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against—

(a)

the Prime Minister;

(b)

the Authority;

(c)

any member of the Authority, any member of a committee, or any officer, servant or agent of the Authority; or

(d)

any other person lawfully acting on behalf of the Authority, in respect of any act, neglect, default or omission done by him or it in good faith in such capacity.

Public Authorities Protection Act 1948

Section 48

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the

Authority or against any member of the Authority, any member of a committee or any officer, servant or agent of the Authority, in respect of any act, neglect, default or omission done by it or him in such capacity.

Northern Corridor Implementation Authority 45

Section 49

Public servants

Every member of the Authority, or any committee, or any officer, servant or agent of the Authority, while discharging his duty under this Act as such member, officer, servant or agent, shall be deemed to be a public servant within the meaning of the Penal Code.

Section 50

Power to make regulations

The Authority may make such regulations as may be expedient or necessary for the better carrying out of the provisions of this

Act or for prescribing anything that may be, or is required to be, prescribed under this Act and, without prejudice to the generality of the foregoing, regulations may be made for imposing fees, costs and any other charges in such cases as may be determined by the Authority.

Section 51

Things done in anticipation of the enactment of this Act

All acts and things done on behalf of the Authority in preparation for or in anticipation of the enactment of this Act and any expenditure incurred in relation thereto shall be deemed to have been authorized under this Act, provided that the acts and things done are consistent with the general intention and purposes of this Act; and all rights and obligations acquired or incurred as a result of the doing of those acts or things including any expenditure incurred in relation thereto shall upon the coming into operation of this Act be deemed to be the rights and obligations of the Authority.

Section 52

Savings

(a)

in relation to a Government Entity—

(i)

any project undertaken by, or any project approved or awarded to, any Government Entity before the date of the coming into operation of this

Act; and

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(ii)

unless otherwise directed by the Prime Minister, any proposed project of any Government Entity in respect of which approval or award is pending on the date of the coming into operation of this

Act; and

(b)

in relation to a person—

(i)

any project undertaken by, or any project approved or awarded to, any person before the date of the coming into operation of this Act; and

(ii)

any proposed project of any person in respect of which approval or award is pending on the date of the coming into operation of this Act.

(2)

The execution or continued execution of any project, or approval or award of any proposed project which is pending, except any proposed project in relation to which a direction has been made by the Prime Minister in subparagraph (1)(a)(ii), shall not be affected by the coming into operation of this Act and for such purposes it shall be treated as if this Act had not been enacted.

Northern Corridor Implementation Authority 47

Schedule

[Subsection 9(7)]

Meetings

1. (1) The Authority shall meet at least twice a year and at such times and places as the Chairman may determine.

(2)

The Chairman shall preside at a meeting of the Authority.

(3)

Every member present at a meeting of the Authority shall be entitled to one vote.

(4)

A member of the Authority who is an alternate for another member of the Authority shall have one vote for the voting member in relation to whom he is acting as an alternate, in addition to his own vote.

(5)

Decisions of the Authority shall be made by unanimous vote of members present and entitled to vote at the relevant meeting.

Live participation by video links, etc.

2. The Chairman may authorize a member to use live video, television links or other appropriate communication or multimedia facilities to participate in any meeting of the Authority.

Resolutions without meetings

3. (1) A resolution is taken to have been passed at a meeting of the Authority if—

(a)

all members of the Authority have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the Authority of the proposed resolution; and

(b)

without meeting, all of the members of the Authority indicate agreement with the resolution in accordance with the method determined by the Authority under subparagraph (2).

(2)

Subparagraph (1) applies only if the Authority—

(a)

decides that the subparagraph applies; and

(b)

decides the method by which members of the Authority are to indicate agreement with the resolution.

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Common seal

4. (1) The Authority shall have a common seal which shall bear such device as the Authority shall approve and such seal may be broken, changed, altered or made anew as the Authority may think fit.

(2)

Until a seal is provided by the Authority, a stamp bearing the words

“Northern Corridor Implementation Authority” may be used and shall be deemed to be the common seal of the Authority.

(3)

The common seal shall be kept in the custody of the Chief Executive or such other person as may be authorized by the Authority, and shall be authenticated by the Chief Executive or such authorized person or by any officer authorized by either of them in writing; and all deeds, documents or other instruments purporting to be sealed with that seal, authenticated as specified in this subparagraph, shall, until the contrary is proved, be deemed to have been validly executed.

(4)

Notwithstanding subparagraph (3), any document or instrument which, if executed by a person who is not a body corporate, would not be required to be under seal may in like manner be executed by the Authority; and any such document or instrument may be executed on behalf of the Authority by any officer or servant of the Authority generally or specially authorized by the Authority in that behalf.

(5)

The common seal of the Authority shall be officially and judicially noticed.

Minutes

5. (1) The Authority shall cause minutes of all its meetings to be maintained and kept in a proper form.

(2)

Any minutes made of a meeting of the Authority shall, if duly signed by the Chairman, be admissible in evidence in all legal proceedings without further proof.

(3)

Every meeting of the Authority in respect of which minutes of the proceedings have been made in accordance with subparagraphs (1) and (2)

shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act.

Procedure

6. Subject to this Act, the Authority may regulate its own procedure.

Northern Corridor Implementation Authority 49

Validity of acts and proceedings

7. No act done or proceeding taken under this Act shall be questioned on the ground of—

(a)

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

(b)

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

Member of Authority to devote time to business of the Authority

8. Every member of the Authority shall devote such time to the business of the Authority as may be necessary to discharge his duties effectively.

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LIST OF AMENDMENTS

Amending law

Short title

In force from

—NIL—

Northern Corridor Implementation Authority 51

Act 687

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

—NIL—

*NORTHERN CORRIDOR IMPLEMENTATION AUTHORITY ACT 2008

About this act

Part I

(2)

(a)

(b)

(c)

(a)

(b)

(2)

Part II

The Authority

(2)

(3)

(4)

(a)

(b)

(c)

(a)

(b)

(a)

(b)

(c)

(i)

(ii)

(d)

(e)

(f)

(g)

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

(h)

(i)

(j)

(k)

(f)

(l)

(m)

(a)

(b)

(c)

(i)

(ii)

(iii)

(d)

(e)

(i)

(ii)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

(r)

(s)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

(3)

(4)

(5)