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Amendment Act

Lembaga Kemajuan Kelantan Selatan (Amendment) Act 2017

Amends the Lembaga Kemajuan Kelantan Selatan Act 1978

Official textFrom Laws of Malaysia Online, unchanged

(1)

This Act may be cited as the Lembaga Kemajuan Kelantan

Selatan (Amendment) Act 2017.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

s 2Amendment of section 2

The Lembaga Kemajuan Kelantan Selatan Act 1978 [Act 203], which is referred to as the “principal Act” in this Act, is amended in section 2 by substituting for the interpretation of “Minister”

the following interpretation:

‘ “Minister” means the Minister charged with the responsibility for rural and regional development;’.

s 3Amendment of section 5

Section 5 of the principal Act is amended—

(a)

by substituting for subsection (1) the following subsection:

“(1)  The Lembaga shall consist of the following members who shall be appointed by the Minister:

(a)

a Chairman;

(b)

a Deputy Chairman;

(c)

a representative of the Ministry charged with the responsibility for rural and regional development;

(d)

a representative of the Treasury from the

Ministry of Finance;

(e)

a representative of the Economic Planning Unit,

Prime Minister’s Department;

(f)

three representatives of the State Government;

(g)

four persons who, in the Minister’s opinion, are suitable and able to contribute in exercising the function and role of the Lembaga; and

(h)

the General Manager.”;

(b)

in subsection (2), by substituting for the words “subsections (3)

and (4)” the words “subsection (3)”;

(c)

in subsection (3), by substituting for the words

“, 3 and 7” the words “and 3”;

(d)

by deleting subsection (4); and

(e)

in subsection (5), by substituting for the word “(f)” the word “(h)”.

Lembaga Kemajuan Kelantan Selatan (Amendment)

s 4New section 5a

The principal Act is amended by inserting after section 5 the following section:

“Alternate member 5a.  (1)  The Minister may, in relation to each member appointed under paragraph 5(1)(c), (d) or (e), appoint a person to be an alternate member to attend, as an alternate to such member, meetings of the Lembaga when such member is unable to attend for any reasons.

(2)

For the purpose of subsection (1), an alternate member shall be named by the member appointed under paragraph 5(1)(c),

(d)

or (e), with the approval of the Minister.

(3)

An alternate member who attends the meetings of the

Lembaga shall, for all purposes, be deemed to be a member of the Lembaga.

(4)

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

Lembaga.”.

s 5Amendment of section 12

Section 12 of the principal Act is amended—

(a)

in the shoulder note, by deleting the words “to be principal managing officer”;

(b)

by substituting for subsection (1) the following subsection:

“(1)  The Chairman shall be responsible for the supervision and control of the implementation of policies and decisions made by the Lembaga.”; and

(c)

by substituting for subsection (2) the following subsection:

“(2)  The Chairman may, subject to such conditions, limitations or restrictions as he thinks fit, delegate his powers, duties or functions to any other member, any officer or servant of the Lembaga to carry out such powers, duties or functions vested in or imposed on the Chairman under this Act as the Chairman may determine.”.

s 6Amendment of section 13

Section 13 of the principal Act is amended—

(a)

by substituting for subsection (1) the following subsection:

“(1)  The Minister shall appoint a General Manager in accordance with such conditions and for such period as may be determined by the Minister.”;

(b)

by substituting for subsection (2) the following subsection:

“(2)  The General Manager shall be responsible for—

(a)

the administration and management of the

Lembaga;

(b)

the planning and execution of any programme, scheme or project; and

(c)

the carrying out of any decision of the Lembaga.”;

(c)

in subsection (3), by substituting for the word “Chairman”

the words “Minister and the Lembaga”;

(d)

in subsection (4), by deleting the words “Subject to the directions of the Chairman,”;

Lembaga Kemajuan Kelantan Selatan (Amendment)

(e)

by substituting for subsection (5) the following subsection—

“(5)  The General Manager shall perform such other or further duties as the Minister or the Lembaga determines.”; and

(f)

by inserting after subsection (7) the following subsection:

“(7a)  The General Manager may, subject to such conditions, limitations or restrictions as he thinks fit, delegate his powers, duties or functions to any officer or servant of the Lembaga to carry out such powers, duties or functions vested in or imposed on the General Manager under this Act as the General

Manager may determine and such delegation—

(a)

shall not preclude the General Manager from performing or exercising, at any time, any powers, duties or functions so delegated; and

(b)

shall be done in the name of the Lembaga.”.

s 7Amendment of section 14

Subsection 14(2) of the principal Act is amended by substituting for the word “Chairman” the word “Lembaga”.

s 8Substitution of section 16a

The principal Act is amended by substituting for section 16a the following section:

“Statutory Bodies (Discipline and Surcharge) Act 2000 16a.  The Statutory Bodies (Discipline and Surcharge)

Act 2000 [Act 605] shall apply to the Lembaga.”.

s 9Deletion of sections 16b, 16c, 16d, 16e, 16f, 16g and 16h

The principal Act is amended by deleting sections 16b, 16c,

16d, 16e, 16f, 16g and 16h.

s 10Substitution of section 22

The principal Act is amended by substituting for section 22

the following section:

s 22“Statutory Bodies (Accounts and Annual Reports) Act 1980

The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Lembaga and corporations incorporated under this Act.”.

s 11New section 28a

The principal Act is amended by inserting after section 28

the following section:

“Power to establish committees 28a.  (1)  The Lembaga may establish such committees as the Lembaga considers necessary or expedient to assist the

Lembaga in the performance of its functions under this Act.

(2)

The Third Schedule shall apply to every committee established by the Lembaga under subsection (1).”.

s 12New section 32a

The principal Act is amended by inserting after section 32

the following section:

“Power to amend Schedules 32a.  The Lembaga may, with the approval of the Minister, amend any Schedule by order published in the Gazette.”.

Lembaga Kemajuan Kelantan Selatan (Amendment)

s 13Amendment of First Schedule

The First Schedule to the principal Act is amended—

(a)

in subparagraph 4(1), by substituting for the words “once in every month” the words “once in every three months”;

(b)

by inserting after subparagraph 4(2) the following subparagraph:

“(2a)  Every member of the Lembaga present shall be entitled to one vote.”; and

(c)

in subparagraph 6(3), by substituting for the word “Chairman” wherever appearing the words

“General Manager”.

s 14New Third Schedule

The principal Act is amended by inserting after the

Second Schedule the following Schedule:

“Third Schedule

[Subsection 28a(2)]

s 1Terms and conditions of appointment, revocation and resignation

(1)

In exercise of its powers under this Act, the committee shall be subject to, and act in accordance with, any direction issued to the committee by the

Lembaga.

(2)

The Lembaga may appoint any person to be a member of any committee and elect any of its members to be the chairman of a committee.

(3)

A member of the committee shall hold office for such term as specified in his letter of appointment and is eligible for reappointment.

(4)

The appointment of any member of the committee may, at any time, be revoked by the Lembaga.

(5)

A member of a committee may, at any time, resign his office by giving a notice in writing addressed to the Chairman of the Lembaga.

s 2Meetings

(1)

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

(2)

A committee may invite any person who is not a member of the committee to attend any of its meetings for the purposes of advising the committee on any matter under discussion but that person shall not be entitled to vote at the meeting.

(3)

Members of the committee or any person invited under subparagraph (2)

may be paid such allowances and other expenses as determined by the Lembaga.

s 3Procedure

Subject to this Act, the committee may regulate its own procedures.”.

s 15Saving and transitional

(1)

Notwithstanding the provisions of this Act, the members of the Lembaga and the members of any committee appointed or elected before the date of coming into operation of this Act shall continue to hold office until the appointments are revoked or until expiry of their terms of appointment.

(2)

Any disciplinary proceedings instituted under sections 16a to 16h of the principal Act which is pending immediately before the date of coming into operation of this Act shall, after the date of coming into operation of this Act, continue and be dealt with as if sections 16a to 16h of the principal Act had not been amended by this Act.

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