East Coast Economic Region Development Council Act 2008

This Act comes into operation on such date as the Prime

Minister may, after consultation with the State Authorities of

Kelantan, Terengganu, Pahang and Johor, appoint by notification in the Gazette.

Interpretation

the Federal Government, any State Government or local government; and

any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporate, of the Federal Government, any

State Government or local government, whether established under any written law or otherwise;

“committee” means a committee appointed under section 12;

“Implementation and Coordination Committee”

means the

Implementation and Coordination Committee appointed under section 28;

“Chief Executive” means the Chief Executive appointed under subsection 14(1) and includes an officer directed to perform the duties of the Chief Executive under subsection 14(6);

“Fund” means the East Coast Economic Region Development Fund established under section 29;

“Council” means the East Coast Economic Region Development

Council established under section 5;

“East Coast Economic Region Master Plan” means the East Coast

Economic Region Master Plan prepared pursuant to section 17 and includes any alterations to such Master Plan;

“Chairman” means the Chairman of the Council appointed under paragraph 10(1)(a);

“East Coast Economic Region” means the area declared under section 4.

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General assurance that power of State Government and other

The provisions of this Act shall be read together with any written law relating to the States of Kelantan, Terengganu, Pahang and Johor, and any other Government entity and shall not be in derogation of the powers, functions, rights, jurisdiction, duties and responsibilities conferred upon the States of Kelantan, Terengganu,

Pahang and Johor, and any other Government entity under any such written law.

The Council shall have perpetual succession and a common seal.

The Council may sue and be sued in its own name.

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The Council may, subject to and for the purposes of this Act, upon such terms as the Council deems fit—

to stimulate, promote and accelerate the growth of the East

Coast Economic Region in an equitable and sustainable manner;

to stimulate, promote and accelerate the development of the

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

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

to establish directions, policies, strategies and initiatives in relation to the development within the East Coast Economic

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Region and the implementation of the East Coast Economic

Region Master Plan;

to promote, stimulate, facilitate, coordinate, evaluate and review any development in the East Coast Economic

Region carried out by any Government entity, or body or person, whether local or foreign, and participate in the development of the East Coast Economic Region, including—

economic development such as tourism, and agricultural development including the modernization, diversification and commercialization of the agricultural sector;

infrastructural development such as the development of investment and logistics centre, duty free area, residential area and public amenities, and property development;

to plan, phase, coordinate, and evaluate and review the activities carried out by any Government entity, or body or person, whether local or foreign, in the East Coast

Economic Region which the Council thinks are of strategic

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national importance or are in the national interest in furtherance of the objectives of the Council;

to implement strategies and initiatives for the development of trade and marketing in the East Coast Economic Region;

to provide advisory and consultancy services relating to investments or potential investments in the East Coast

Economic Region including—

to advise any Government entity on incentives applicable to investors;

to identify the necessary skills for the maintenance and expansion of the economy of the East Coast Economic

Region and develop strategies and initiatives for ensuring that those skills are developed and maintained;

to integrate scientific and technological research and its commercial exploitation within the economic framework of the East Coast Economic Region;

to conduct inquiries, carry out surveys, and collate and analyse information, statistics and factors influencing or relevant to development, business or investment in the East

Coast Economic Region, and to publish and disseminate such information, statistics and factors to any Government

East Coast Economic Region Development Council 13

entity, body, person and investor or potential investor, whether local or foreign;

to establish policies, direction, strategies and initiatives in relation to sustainable development, including environmental protection, management and conservation in the East Coast Economic Region; and

to do all things as are expedient, advantageous or necessary for, or incidental, supplemental or consequential to, the performance of the functions of the Council and the proper and effective administration of the Council in furtherance of the objectives of the Council and the better carrying out of the purposes of this Act.

subject to the approval of the Federal Government, to carry on or engage in any commercial activity, profit-making enterprise, joint-ventures, partnership, equity participation or any arrangements for the sharing of profits, union of interest, reciprocal concession or otherwise to co-operate with, act as authorized agent of, in association with or on behalf of, any Government entity, or body or person, whether local or foreign, for the purposes of carrying out development activities in the East Coast Economic Region;

to take or otherwise acquire shares and securities of any company or business, activity or transaction, capable of being conducted so as, directly or indirectly, to achieve the

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objectives of the Council, and to sell, hold, or reissue with or without guarantee or otherwise deal with such shares and securities, or to underwrite or otherwise hold such shares and securities and to dispose of such shares and securities on such terms as the Council may determine;

to initiate and carry out studies of possible development and redevelopment areas and to 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 the development or redevelopment projects are feasible;

to make recommendations and provide consultancy and advisory services on the implementation of policies, laws and actions, and uniform standards, guidelines, best practices, and administrative processes and procedures to be applied by any Government entity, body and person, whether local or foreign, for the purpose of facilitating development of the East Coast Economic Region;

to promote, recommend, facilitate, assist in, coordinate, organize, develop and undertake strategies and initiatives to enhance the international competitiveness of goods and services in the East Coast Economic Region, including strategies and initiatives relating to—

the development of strong regional and world class brands;

to identify the necessary infrastructure for the maintenance and expansion of the economy of the East Coast Economic

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Region in accordance with the East Coast Economic Region

Master Plan;

to receive and channel any funds allocated by Parliament for the provision of infrastructure in the East Coast Economic

Region and monitor the construction, implementation, operation and upkeep of such infrastructure;

to establish, manage and operate any investment fund, whether relating to property, bonds, stock, shares, securities or otherwise, and to dissolve the investment fund on such terms as the Council may determine;

to develop, promote, recommend, facilitate, organize, coordinate and undertake social development initiatives aimed at alleviating poverty and reducing income disparity in the East Coast Economic Region; and

to make recommendations to the State Governments of

Kelantan, Terengganu, Pahang and Johor and local authorities within the East Coast Economic Region in relation to local government functions and services including local planning control and its regulation, approval or 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, facade or appearance in the East

Coast Economic Region.

the Council shall perform such other functions and exercise such other powers conferred upon the Council under any written law;

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the Council may undertake such other functions and exercise such other powers as the Federal Government, the

State Government of Kelantan, Terengganu, Pahang or

Johor, or any other Government entity may assign to or confer upon the Council;

subject to subsection (3), the Council may expend such moneys received by the Council from the Federal

Government, the

State

Government of

Kelantan,

Terengganu, Pahang or Johor, any other Government entity, or body or person, whether local or foreign, to undertake such other functions and exercise such other powers for which such moneys were received by the Council; and

the Council may carry out any other functions and exercise any other powers that are incidental, supplementary or consequential to any of the functions and powers specified in this section.

In carrying out such additional functions and powers under subsection (1), the Council shall be deemed to be fulfilling its objectives under this Act, and the provisions of this Act shall apply to the Council in respect of the undertaking of such functions and the exercise of such powers.

The moneys received and expended under this section shall be kept in the special fund under section 33, separate and apart from those of the Fund.

a Chairman, who shall be the Prime Minister;

the Deputy Prime Minister;

the Menteri Besar of the States of Kelantan, Terengganu,

Pahang and Johor;

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two Federal Ministers to be appointed by the Prime

Minister;

a representative of the civil service to be appointed by the

Prime Minister; and

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

Minister.

The Chief Executive shall be the Secretary to the Council.

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

The Prime Minister may, from time to time, by order published in the Gazette, amend the First Schedule.

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

The Council may elect any of its members to be the chairman of any committee.

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The Council may appoint any person to be a member of any committee.

Membership of a committee may include one or more individuals from the private sector.

The provisions of the Second Schedule shall apply to a committee.

The Council may, from time to time, by order published in the

Gazette, amend the Second Schedule relating to a committee.

to the Chairman;

to a member of the Council;

to a committee;

to the Implementation and Coordination Committee;

to the Chief Executive; or

to an officer of the Council.

The Chairman, a member of the Council, a committee, the

Implementation and Coordination Committee, the Chief Executive or an officer of the Council to whom the Council has delegated such functions or powers shall be bound to observe and have regard to all conditions, restrictions and other requirements imposed by the

Council and all procedures and matters specified by the Council in carrying out such delegated functions or powers.

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

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A delegation under this section shall not preclude the Council itself from performing or exercising at any time any of the delegated functions or powers.

The Chief Executive shall be responsible for—

The Chief Executive shall be responsible for and have the general control of the officers and servants of the Council.

The Chief Executive shall perform such further duties as the

Council may, from time to time, direct.

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

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If the post of the Chief Executive is vacant or 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 Chairman may direct any officer of the

Council to perform the duties of the Chief Executive, including to act as the Secretary to the Council, during such vacancy, temporary absence or incapacity.

No person shall be eligible for employment as an officer or servant of the Council if he has, directly or indirectly, by himself or through any person or third party, any share or interest in any contract or proposed contract with, for or on behalf of the Council.

payment of retirement benefits, gratuities, allowances and other expenses as the Council may determine to the Chief

Executive, officers and servants of the Council;

subsidies, grants, financing or credit facilities, with or without interest, for housing and vehicle purchase, and other compassionate financing or loans, to the Chief Executive, officers and servants of the Council; and

subsidies, grants, financing or credit facilities, with or without interest, for medical and educational purposes or

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scholarships to the Chief Executive, officers and servants of the Council, and their dependents.

The Council shall, in the draft East Coast Economic Region

Master Plan, formulate in such details as the Council thinks appropriate the following:

The draft East Coast Economic Region Master Plan shall contain, or be accompanied by, such maps, diagrams, illustrations, reports, drawings, models and any other descriptive matters as the

Council thinks appropriate for the purpose of explaining or illustrating the proposals in the draft East Coast Economic Region

Master Plan, or may in any particular case be specified in directions furnished by the State Government of Kelantan, Terengganu, Pahang or Johor; and the maps, diagrams, illustrations, reports, drawings,

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models and other descriptive matters and directions shall be treated as forming part of the draft East Coast Economic Region Master Plan.

shall consult the State Governments of Kelantan,

Terengganu, Pahang and Johor;

shall secure that such proposals, objectives, strategies, initiatives and measures conform generally to the structure plan under the Town and Country Planning Act 1976 of the respective States of Kelantan, Terengganu, Pahang and

Johor for the time being in force, whether or not it has come into effect; and

shall have regard—

to any information and other considerations that appears to the Council to be relevant;

Any Government entity may give such input concerning the role and function of such Government entity in the East Coast

Economic Region to the Council for the purposes of formulating proposals, objectives, strategies, initiatives and measures in the draft

East Coast Economic Region Master Plan by the Council.

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Approval and adoption of the East Coast Economic Region

The State Government of Kelantan, Terengganu, Pahang or

Johor may withhold its approval of the draft East Coast Economic

Region Master Plan only if the State Government of Kelantan,

Terengganu, Pahang or Johor is of the opinion that the draft East

Coast Economic Region Master Plan or any part thereof has not been prepared in accordance with the requirements of sections 17 and 18.

For the avoidance of doubt, notwithstanding subsection (2), the

State Government of Kelantan, Terengganu, Pahang or Johor may not withhold its approval if any of the requirements in sections 17 or 18

which in the opinion of the State Government of Kelantan,

Terengganu, Pahang or Johor has not been complied with is in respect of—

The Council shall publish the fact of the approval of the draft

East Coast Economic Region Master Plan by the State Governments of Kelantan, Terengganu, Pahang and Johor—

Upon approval of the East Coast Economic Region Master

Plan by the State Governments of Kelantan, Terengganu, Pahang and

Johor—

Sections 17, 18 and 19 shall apply, with the necessary modifications, in relation to a review and an alteration of the East

Coast Economic Region Master Plan as it applies in relation to the preparation of the draft East Coast Economic Region Master Plan and the subsequent approval and adoption by the State Government affected by such review and alteration.

Duty to take cognizance of the East Coast Economic Region

in relation to any Government entity, in the performance of the functions and duties of such Government entity, and in the exercise of the powers of such Government entity within the East Coast Economic Region; and

in relation to any Government entity, or body or person, whether local or foreign, in putting up any proposal for development or other activities, or in carrying out any development or other activities, within the East Coast

Economic Region.

any activity within the East Coast Economic Region which may have a significant economic impact to the East Coast

Economic Region as a designated strategic development activity;

any area or areas in the respective State within the East

Coast Economic Region which may have a significant economic impact to the East Coast Economic Region as a designated strategic development area; and

any designated strategic development activity within any designated strategic development area.

Any Government entity, or body or person, whether local or foreign, intending to carry out any designated strategic development activity, or any development within a designated strategic development area, or any designated strategic development activity within a designated strategic development area, shall first refer such proposed development to the Council for its direction before submitting such proposed development for the approval of the relevant authorities.

The Council shall give directions under subsection (2) for purposes of securing conformity and consistency with the contents of the East Coast Economic Region Master Plan whether or not incorporated into a local plan pursuant to subsection 19(5).

to ensure that the functions are performed and the powers are carried out in such a manner in furtherance of the policy

East Coast Economic Region Development Council 29

of the Federal Government and the State Governments of Kelantan, Terengganu, Pahang and Johor for the time being in force and in particular the policy relating to the development of the East Coast Economic Region in accordance with the East Coast Economic Region Master

Plan;

in respect of the strategy for the planning of the development and use of all lands and buildings, to have regard to and act within the general framework of—

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

to consult and coordinate its acts with the State

Governments of Kelantan, Terengganu, Pahang and Johor and any Government entity—

having responsibility over the areas of the East Coast

Economic Region where the Council proposes to carry out its activities; or

to co-operate with and assist the Council in the performance by the Council of its functions and powers under this Act;

where relevant, to refer to and utilize the information, statistics and factors disseminated by the Council; and

30 Laws Of Malaysia ACT 688

to give due consideration to the proposed policies, laws and actions to be applied within the East Coast Economic

Region as recommended by the Council.

act as the principal coordinating agent or authorized agent on behalf of the relevant Government entity to receive, process and expedite the requisite approvals and administrative actions in relation to applications for approvals in respect of which the Council has entered into an agreement or arrangement under section 26; and

render administrative services and assistance to the

State Governments of Kelantan, Terengganu, Pahang and

Johor in connection with matters relating to land within the

East Coast Economic Region.

The Council may, in carrying out the role mentioned in paragraph (1)(a)—

For the purposes of this section, “approvals” means any approval of any Government entity, whether under any written law or not, and may include approval for or in relation to licence, permit, pass, registration, tax, excise and incentives, required or in connection with trade, investment and development in the East Coast

Economic Region.

the carrying out by the Council and the Government entity of any of their respective functions and powers;

the carrying out or provision by the Council for the

Government entity, or by the Government entity for the

Council, of any works or services; or

the collection by the Council on behalf of the Government entity of such fees, costs, contributions or any other charges as may be lawfully required, charged or imposed by such

Government entity.

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

from any Government entity, such assistance and such information in their possession as may be required by the

Council; and

from any Government entity and body and person, whether local or foreign, engaged in carrying out or intending to carry out development in the East Coast

Economic Region to submit reports, containing such particulars and information as may be specified by the

Council, regarding their activities or proposed activities.

The Implementation and Coordination Committee for each of the State of Kelantan, Terengganu, Pahang and Johor shall consist of a chairman and such members to be appointed by the Prime Minister after consulting the Menteri Besar of the respective State.

Membership of the

Implementation and

Coordination

Committee may include one or more individuals from the private sector.

A member of the Implementation and Coordination Committee for each of the State of Kelantan, Terengganu, Pahang and Johor may appoint an alternate member to attend a meeting of the

Implementation and Coordination Committee on his behalf if such member is, for any reason, unable to attend and such alternate member shall when attending meetings of the Implementation and

East Coast Economic Region Development Council 33

Coordination Committee for all purposes be deemed to be a member of the Implementation and Coordination Committee.

The Implementation and Coordination Committee of each of the State of Kelantan, Terengganu, Pahang and Johor shall be responsible—

The provisions of the Second Schedule shall apply to the

Implementation and Coordination Committee.

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The Council may, from time to time, by order published in the

Gazette, amend the Second Schedule relating to the Implementation and Coordination Committee.

The Fund shall consist of—

paying any expenses, costs or expenditure lawfully incurred or accepted by the Council in the performance of its functions or the exercise of its powers under this Act including survey and legal fees and costs and other fees and costs;

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 the functions or the exercise of the powers of the Council under this Act;

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

paying for the allowances and other expenses of the members of the Council, the Implementation and

Coordination Committees and any committee, and any person invited to attend meetings of the Council, the

Implementation and Coordination Committees and any committee;

paying for the remuneration, allowances and other expenses of the Chief Executive, officers and servants of the Council including the granting of loans and advances, superannuation allowances, retirement benefits, pensions and gratuities;

36 Laws Of Malaysia ACT 688

granting financial assistance or credit facilities, with or without interest, or any contribution, for educational purposes or scholarships or any other purposes as the

Council may approve to any person;

contributions and donations to any person; and

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

The Chairman, a member of the Council, the Implementation and Coordination Committees, a committee, the Chief Executive or an officer of the Council, authorized to sanction such expenditure from the Fund shall be bound to observe and have regard to all conditions and restrictions imposed by the Council and all requirements, procedures and matters specified by the Council.

The authority to sanction expenditure from the Fund delegated under this section shall be performed and exercised in the name and on behalf of the Council.

A delegation of the authority to sanction expenditure from the

Fund under this section shall not preclude the Council itself from performing or exercising at any time any of such delegated function.

East Coast Economic Region Development Council 37

The accounts of the funds under subsection (1) shall be kept separate and apart from those of the Fund.

The Prime Minister may, from time to time, by order published in the Gazette amend the Third Schedule.

Where any person fails to pay any fees, cost and charges imposed by the Council, such fees, costs and charges remaining unpaid shall be deemed to be a debt due to the Council and may be sued for and recovered in any court from such person.

Subject to and in accordance with any written law, the Council may establish, manage and operate any investment fund in accordance with its specified purposes, whether relating to property, stock, shares or otherwise, and to dissolve the investment fund on such terms as the Council may determine.

East Coast Economic Region Development Council 39

Before the beginning of September of each year, the Council 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.

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

The Council 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.

The Prime Minister may direct the Council 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.

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.

If any person who commits an offence under subsection (1) is one whose profession is regulated under any written law, he shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit.

Any body corporate which discloses or provides, or causes any person or body corporate to disclose or provide, information to the

Council which the body corporate 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 the

For the purposes of this section—

Any 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].

If any person who commits an offence under this section is one whose profession is regulated under 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.

Any body corporate 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.

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

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

Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default done by him, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed—

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

Council shall, as soon as may be practicable 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 Council during the preceding financial year.

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The report under subsection (2) shall be in such form and shall contain such information relating to the proceedings and policy of the

Council as the Prime Minister may, from time to time, specify.

to perform any of its functions or carry out any of its powers; or

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

No person shall be eligible for employment pursuant to subsection (1) if he has, directly or indirectly, by himself or through any person or third party, any share or interest in any contract or proposed contract with, for or on behalf of the Council.

the Chairman;

the Council;

any member of the Council, any member of the

Implementation and Coordination Committees, or any member of a committee;

the Chief Executive, any officer or servant of the Council;

or

an agent of the Council or any other person lawfully acting on behalf of the Council, in respect of any act, neglect, default or omission done by him or it in good faith in carrying out his or its powers, functions and responsibilities under this Act in such capacity.

in relation to a Government entity—

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

in relation to a person—

East Coast Economic Region Development Council 47

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

The execution or continued execution of any project, or approval or award of any proposed project which is pending, except in respect of any proposed project in relation to which a direction has been made by the Prime Minister under 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.

FIRST SCHEDULE

[Section 10]

Appointment, revocation and resignation

A member of the Council appointed under paragraph 10(1)(f) of the Act shall, subject to such terms as may be specified in his instrument of appointment, hold office for a term not exceeding two years and is eligible for reappointment for a maximum period of three consecutive terms.

The appointment of a member under paragraph 10(1)(f) of the Act may at any time be revoked by the Prime Minister, without assigning any reason for the revocation.

A member appointed under paragraph 10(1)(f) of the Act may at any time resign his office by letter addressed to the Prime Minister.

Vacation of office

if he dies;

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

an offence involving fraud, dishonesty or moral turpitude;

if he becomes a bankrupt;

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

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

if his resignation is accepted by the Prime Minister; or

if his appointment is revoked by the Prime Minister.

The Chairman shall preside at a meeting of the Council or in the absence of the Chairman, the Deputy Prime Minister shall preside.

The Chairman who presides at a meeting of the Council and four other members shall constitute a quorum at any meeting of the Council.

Subject to subparagraph (5), the Chairman who presides at a meeting of the

Council and every member present at such meeting of the Council shall be entitled to one vote.

For the avoidance of doubt, in all meetings of the Council the vote of the

Chairman who presides at a meeting of the Council shall be counted as one.

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

East Coast Economic Region Development Council 49

Any person invited to attend any meeting or discussion of the Council under subparagraph (1) may be paid allowances and such other expenses as the

Council may determine.

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

without meeting, all of the members of the Council indicate agreement with the resolution in accordance with the method determined by the

Council under subparagraph (2).

Subparagraph (1) applies only if the Council—

A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the Council in which the matter is discussed or deliberated and, after the disclosure, the member—

For the purposes of this paragraph—

Any minutes made of a meeting of the Council shall, if duly signed by the

Chairman presiding at such meeting, be admissible in evidence in all legal proceedings without further proof.

Every meeting of the Council in respect of the proceedings of which minutes have been made in accordance with subparagraphs (1) and (2) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

Until a seal is provided by the Council, a stamp bearing the words “East

Coast Economic Region Development Council” may be used and shall be deemed to be the common seal of the Council.

The common seal shall be kept in the custody of the Chief Executive or such officer of the Council as may be authorized by the Chief Executive in writing, and shall be authenticated by the Chief Executive or such authorized officer; 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.

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

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

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

52 Laws Of Malaysia ACT 688

a contravention by any member of the Council of the provisions of paragraph 6;

the presence or participation of a member or person not entitled to be present or participate; and

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

“member of committee” means a member of a committee appointed under section 12 of the Act, and a member of the Implementation and

Coordination Committee appointed under section 28 of the Act, and includes an alternate member of a member of the Implementation and

Coordination Committee;

“committee” means a committee appointed under section 12 of the Act and the Implementation and Coordination Committee appointed under section 28 of the Act; and

“chairman” means the chairman of the respective committee, or the chairman of the Implementation and Coordination Committee, as the

East Coast Economic Region Development Council 53

case may be, and includes a member of a committee acting as chairman under subparagraph 3(2).

In relation to a committee appointed under section 12 of the Act, the

Council may revoke the appointment of any member of the committee without assigning any reason for the revocation.

In relation to the Implementation and Coordination Committee appointed under section 28 of the Act, the Prime Minister may revoke the appointment of any member of the Committee without assigning any reason for the revocation.

Any member of a committee may at any time resign by giving a notice in writing to the Prime Minister.

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

The chairman shall preside at a meeting of the committee or in the absence of the chairman, the members present at the meeting shall appoint a chairman from amongst them.

The chairman who presides at a meeting of a committee and two other members shall constitute a quorum of any meeting of a committee.

Subject to subparagraph (5), the chairman who presides at a meeting of a committee and every member present at such meeting of the committee shall be entitled to one vote.

For the avoidance of doubt, in all meetings of a committee the vote of the chairman who presides at a meeting of the committee shall be counted as one.

Decisions of a committee shall be made by a majority of votes of members present and entitled to vote at the relevant meeting.

54 Laws Of Malaysia ACT 688

Notwithstanding subparagraph (6), if on a question to be determined by a committee, there is an equality of votes, the chairman who presides at a meeting shall have a casting vote.

Any person invited to attend any meeting or discussion of a committee under subparagraph (1) may be paid allowances and such other expenses as the

Council may determine.

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

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

Subparagraph (1) applies only if a committee—

A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the committee in which the matter is discussed or deliberated and, after the disclosure, the member—

For the purpose of this paragraph—

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

Every meeting of a committee in respect of the proceedings of which minutes have been made in accordance with subparagraphs (1) and (2) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

A committee shall cause copies of the minutes of all its meetings to be submitted to the Council as soon as may be practicable.

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

a contravention by any member of the Council or committee of the provisions of paragraph 6;

the presence or participation of a member or person not entitled to be present or participate; and

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