Malaysia legislation
Section 10
of Land Custody and Development Authority Ordinance, 1981 ( Ord. No. 4/81 )
Section 10
⎯(1)
Subject to subsection (2), the Authority shall have power to do all things expedient or reasonably necessary or incidental to the discharge of the objects and functions of the Authority and, in particular, but without prejudice to the generality of the foregoing⎯
(a)
to initiate preliminary studies of possible development areas in the State and make⎯
(i)
plans for carrying out rehabilitation programmes and improvement schemes;
(ii)
plans for the improvement of lands and buildings;
(iii)
plans for the relocation of persons (including families, business concerns and others) displaced by a development or redevelopment project;
(iv)
plans outlining development and settlement activities; and
(v)
preliminary surveys to determine if the undertaking and carrying out of such projects and schemes are feasible;
(b)
to carry on such activities in association with the
Government, any public or local authority, any corporation, any company, any body or any person or as managing agents or otherwise on their behalf, or to enter into any arrangement with
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any such bodies or persons for sharing profits, union of interests, co-operation, joint venture or reciprocal concession;
(c)
to appoint or employ agents or to establish or promote the establishment of companies, corporations or other bodies to carry on any of the aforesaid activities either under the control or partial control of the Authority or independently;
(d)
to establish corporations or associations consisting of the owners or persons having interests in the land;
(e)
to give assistance to any public authority, company, corporation or other body or person appearing to the Authority to have facilities for the carrying on of any such activities, including financial assistance by the taking up of share or loan capital or by loan or otherwise;
(f)
to control, co-ordinate or supervise the management of the land in a Development Area or land owned by or vested in the
Authority or for which it has become responsible and may cause to be carried out or may undertake any of the aforesaid activities for the improvement or development of such land as it deems fit;
(g)
to purchase, sublease or otherwise acquire land or any rights or interest therein and otherwise deal with property, movable or immovable irrespective of the title thereof;
(h)
to invest any property belonging to the Authority in such manner as it thinks fit (and whether alone or in association with others) in the acquisition, development or management of land used or to be used for residential, agricultural, commercial or industrial purposes;
[Am. Ord. No. 9/85.]
(i)
to consult with, co-ordinate and assist the activities of persons or organisations engaged in carrying out development in a Development Area;
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Ord. No. 4/81
(j)
to sell, purchase, acquire or sublease land for the purpose of housing, agriculture, trade or industry or for general economic development or for social amenities;
[Am. Ord. No. 9/85.]
(k)
to facilitate and provide land for the establishment or expansion of projects to which this section applies;
(l)
to make and guarantee loans to an officer or employee of the Authority⎯
(i)
for the purchase, erection, alteration, renovation or enlargement of a house in which he resides or intends to reside, under standing orders approved by the
Authority;
(ii)
to discharge a mortgage or encumbrances on such a house; or
(iii)
for such other purposes as the Authority may approve;
(m)
to guarantee, within such limits as shall be fixed by the
Minister, any loans made by any bank or other financial source to any applicant approved by the Authority for any purpose for which the Authority might itself have granted such loan;
(n)
to do anything and to enter into any transaction
(whether or not involving expenditure, borrowing in accordance with this Ordinance, granting of loans or investment of money, the acquisition, use and disposal of any movable or immovable property, including rights) which in its opinion is calculated to facilitate the proper discharge of its functions or is incidental or conducive thereto.
(2)
In the exercise of the powers conferred by subsection (1), the Authority shall comply with the direction given by the Minister under section 6 and any plan or scheme for the development of any
Development Area drawn up or devised or approved by the
Government.
[Sub. Cap. A150/2011]
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Development Area