Malaysia legislation

Section 3

of Land Custody and Development Authority Ordinance, 1981 ( Ord. No. 4/81 )

Section 3

⎯(1)

There is hereby established a body corporate by the name of “Land Custody and Development Authority” with perpetual succession and a common seal and which may sue and be sued in its own name.

[Am. Ord. No. 9/85.]

(1A)

The Authority may, subject to and for the purposes of this

Ordinance, enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description, and subject to any written law affecting the same may convey, assign, surrender and yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Authority upon such terms as the Authority seems fit and do all other matters or things incidental or appertaining to a body corporate.

[Ins. Ord. No. 9/85.]

(2)

The Authority and any company incorporated by the

Authority under section 10(1)(c) wherein the controlling shares are held by or registered in the name of the Authority shall for the purposes of the Land Code [Cap. 81(1958 Ed.)], be deemed to be a

Native of Sarawak.

[Ins. Cap. A150/2011]

(3)

The Authority shall consist of the following persons who shall be appointed by the Minister⎯

(a)

a Chairman;

(b)

not more than two Deputy Chairmen; and

[Am. Cap. A165/2014]

(c)

not more than thirteen other members:

Provided that the first Chairman to be appointed under this subsection shall be the Chief Minister.

8

Ord. No. 4/81

(4)

A certificate signed by the Chairman that a company has been incorporated by the Authority under section 10(1)(c) and that its controlling shares are held by or registered in the name of the

Authority shall be conclusive evidence that the company is deemed a native under subsection (2) for the purposes of the Land Code [Cap.

81(1958 Ed.)].

[Add. Cap. A150/2011]

(5)

A member of the Authority shall, subject to such conditions as the Minister may specify in the instrument appointing him, hold office for a term not exceeding three years and is eligible for reappointment from time to time.

(6)

A member of the Authority who is not a member of the public service may be paid by the Authority such remuneration and allowances as may be determined by the Minister.

(7)

During the temporary incapacity from illness or any other cause or during the temporary absence from the State of the

Chairman, Deputy Chairman or any member, the Minister may appoint another person to be a temporary Chairman, Deputy Chairman or member, as the case may be.

[Am. Ord. No. 9/85.]

(8)

The Authority may request any person (not being a member of the Authority) to attend any meeting of the Authority for the purpose of assisting or advising it on any matter under discussion but such person so attending shall have no right to vote at the said meeting.

[Ins. Ord. No. 9/85.]

Office of the Authority

Section 3 — Land Custody and Development Authority Ordinance, 1981 ( Ord. No. 4/81 )