Sabah Economic Development And Investment Authority Enactment 2009

This Enactment may be cited as the Sabah Economic Development and

Investment Authority Enactment 2009.

This Enactment comes into operation on the date of its publication in the

Gazette.

Interpretation

For the avoidance of doubt, nothing in this Enactment shall be construed as reducing or limiting the rights, powers, functions, jurisdiction, duties and responsibilities of the

Government Entity.

The provisions of this Enactment shall be read together with any written law relating to the Government Entity and shall not be in derogation from any of the rights, powers, functions, jurisdiction, duties and responsibilities conferred on the Government Entity under any such written law.

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A body corporate by the name of the “Sabah Economic Development and

Investment Authority” is established.

The Authority shall have perpetual succession and a common seal.

The Authority may sue or be sued in its name.

Subject to and for the purposes of this Enactment, the Authority may, upon such terms as the Authority deems fit –

to promote and accelerate the development of the Sabah Development Corridor into a leading 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 Sabah Development Corridor.

Functions of the Authority

to recommend to the Government or the Federal Government on all projects of potential economic growth and opportunities to be included in the Sabah

Development Corridor;

to disburse funds received from the Government or the Federal Government for the Sabah Development Corridor to the relevant implementing Government

Entities;

to coordinate the expeditious implementation of all projects in the Sabah

Development Corridor by performing the functions of one-stop centre;

to monitor and report to the Government and the Federal Government the status of all projects in the Sabah Development Corridor;

to promote and market the Sabah Development Corridor as an attractive business and investment location;

to recommend to the Government or the Federal Government incentives for the

Sabah Development Corridor;

to recommend to the Government or the Federal Government on policy reforms and other initiatives for the Sabah Development Corridor;

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to source funds for the Sabah Development Corridor; 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

Authority and the better carrying out of the purposes of this Enactment.

Membership of the Authority

The Authority shall consists of the following members:

The Chief Executive shall be the Secretary to the Authority.

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

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

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The Authority may establish committees

The Authority may, from time to time, establish such committees on such terms as it considers necessary or expedient to assist the Authority in the performance of its functions and duties under this Enactment.

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

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

Membership of a committee established under subsection (1) may include one or more individuals from private sector.

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

The Authority may, from time to time, by order published in the Gazette, amend the Second Schedule relating to a committee.

Delegation of the Authority’s functions and duties

The Authority may, in writing, delegate any of its functions and duties to –

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

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

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

The Authority shall appoint a Chief Executive on such terms and conditions as the Authority thinks appropriate.

The Chief Executive shall be responsible for –

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

The Chief Executive shall perform such other duties as the Authority may, from time to time, direct.

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

If the post of the Chief Executive is vacant or the Chief Executive is temporarily absent from Sabah or is temporarily incapacitated through illness or for any other reasons from the performance of his duties, the Authority may direct any officer of the Authority to

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perform the duties of the Chief Executive during such vacancy, temporary absence or incapacity.

Employment of officers and servants of the Authority

The Authority shall establish a scheme of service and may, from time to time, employ such number of officers and servants as the Authority thinks desirable and necessary to such scheme of service and upon such terms, including terms as to remuneration, allowances and other expenses as the Authority considers appropriate, for carrying out the purposes of this Enactment.

No person shall be eligible for employment as an officer or servant of the

Authority if he has, directly or indirectly, by himself of through any person or third party, any share or interest in any contract or proposed contract with, for or on behalf of the Authority.

Financial assistance to the Chief Executive, officers, servants and other persons

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

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 Chief Executive, officers and servants of the Authority;

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

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

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

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A fund to be known as the “Sabah Economic Development and Investment

Authority Fund” to be administered and controlled by the Authority is established.

The Fund shall consist of –

disbursing funds received from the Government or the Federal Government to the relevant implementing Government Entities for the Sabah Development

Corridor;

performing or discharging the functions and duties of the Authority;

paying for the remuneration, allowances or other expenses of members, the

Chief Executive, officers and servants of the Authority;

undertakes approved and lawful investments, and acquisition of shares or interest in companies or property movable or immovable for the purpose of this

Enactment; and

paying any other expenses lawfully incurred in the discharged or performance of its functions and duties under this Enactment.

Expenditure and preparation of estimates

The expenditure of the Authority for any one year shall be defrayed out of the

Fund.

Before the beginning of September of each year or at any other date specified by the Government and the Federal Government, the Authority shall submit to the

Government and the Federal Government an estimate of the expenditure, including the expenditure for the Sabah Development Corridor, for the following year in such form and containing such particulars as maybe directed.

The Government and the Federal Government shall notify the Authority of the amount authorized for expenditure generally or of the amounts authorized for each description of expenditure.

The Authority may at any time submit to the Government and the Federal

Government a supplementary estimate of its expenditure for any one year and the

Government and the Federal Government may allow the whole or any part of the additional expenditure included in the supplementary estimate.

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Time limit for submission of accounts for auditing

The Authority shall keep or shall cause to be kept proper accounts and other records in respect of its expenditure in accordance with generally accepted commercial accounting principles and practices and shall cause to be prepared a statement of its accounts in respect of each financial year and shall, not later than the 31st day of July of each year or such extension thereof as may be granted in writing by the State Financial

Authority pursuant to section 18, submit its accounts for the preceding financial year to the

Auditor-General for audit.

A copy of the statement of accounts in subsection (1) shall also be sent by the

Authority to the State Financial Authority within the same period provided therein.

The Auditor-General shall cause the statement of accounts to be audited, and may authorize any person appointed by him to undertake, at the expense of the Authority, the audit of the statement of accounts on the Auditor-General’s behalf or under his directions.

The provisions of the Audit Act 1957 [Act 62] shall apply to the audit of the accounts of the Authority.

The State Financial Authority may, from time to time, issue directions and instructions to the Authority regarding –

Where the Authority is unable to submit its accounts for the preceding financial year for audit not later than 31st day of July of each year, it shall, before the expiry such time limit, apply in writing to the State Financial Authority for an extension of thereof setting out the reasons or grounds in support of such application.

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Where the Authority applies under subsection (1) for an extension of the time limit for the submission of its accounts for audit, the State Financial Authority, if satisfied with the reasons or grounds for the application, may grant such extension of the time limit as may be deemed necessary but such extension shall not in any case exceed a period of three months in the aggregate in respect of each financial year, and the Authority shall then submit its statement of accounts for audit within the time limit as extended.

Submission of report to the Government and the Federal Government

The Authority shall, in respect of each financial year and within one month after the receipt of its audited statement of accounts and the Auditor-General’s report thereon, if any, submit the same to the Government and the Federal Government together with a report of its activities.

Where the Auditor-General has in his report pointed out any discrepancy, irregularity and abnormality in the accounts of the Authority, the Chief Executive shall submit, with the Auditor-General’s report, an explanation for each discrepancy, irregularity and abnormality and the action taken or would be taken by the Authority to rectify the same to the

Government and the Federal Government.

A copy of the report and explanation in subsections (1) and (2) shall also be sent by the Authority to the State Financial Authority who shall bring to the notice of the

Government and the Federal Government any incompetence or repeated negligence on the part of the Authority in the discharge of its financial duties for the appropriate action to be taken.

Minister to cause audited statement of accounts to be laid before the Legislative

Assembly

Except for any of the purpose of this Enactment or for the purpose of any civil or criminal proceedings under any written law, no member of the Authority, member of a committee or person invited to attend any meeting of the Authority or any committee, or the

Chief Executive, officer or servant of the Authority, shall disclose or cause any person to disclose any information which has been obtained by him in the course of his duties and which is not published in pursuant to this Enactment.

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

The Authority shall furnish to the Government and the Federal Government, and such public authority as may be directed by the Government and the Federal Government,

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such returns, reports, accounts and information with respect to its property and activities as the Government and the Federal Government may, from time to time, require or direct.

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

Government and the Federal Government and, if so directed by the Government and the

Federal Government, to any other public authority a report dealing with the activities of the

Authority during the preceding financial year.

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 Government and the

Federal Government may, from time to time, specify.

Protection against suit and legal proceedings

the Minister;

the Authority;

any member of the Authority, a committee, any member of a committee, the

Chief Executive, any officer, servant or agent of the Authority; or

any other person lawfully acting on behalf of the Authority, in respect of any act, neglect, default or omission done by the Authority or by him in good faith in carrying out the Authority’s or his duties under this Enactment in such capacity.

Public Authorities Protection Act 1948

The Yang di-Pertua Negeri may, by the order published in the Gazette, dissolve the Authority established under subsection 5 (1) and he shall in such order appoint and name a person or corporation to manage, administer, distribute or otherwise with the assets and liabilities of that Authority for the purposes of its dissolution.

The person or corporation appointed under subsection (1) shall, in the performance of his duties, act in accordance with and give effect to the directions of the Yang di-Pertua Negeri and subject thereto, have all the powers conferred upon a liquidator appointed under the Companies Act 1965 [Act 125].

FIRST SCHEDULE

[Section 8]

Appointment, revocation and resignation

The appointment of a member of the Authority under paragraph 8 (1) (b) of the

Enactment shall be for such duration and on such terms as the Minister may determine.

A member of the Authority appointed under paragraph 8 (1) (h) of the Enactment shall, subject to such terms as may be specified in his instrument of appointment, hold office

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of 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 8 (1) (b) and (h) of the

Enactment may at anytime be revoked by the Minister, without assigning any reason for the revocation.

A member appointed under paragraph 8 (1) (b) and (h) of the Enactment may at any time resign his office by a letter addressed to the 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 Authority without leave of the Chairman;

if his resignation is accepted by the Minister; or

if his appointment is revoked by the Minister.

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Filling of vacancy

The Authority shall meet at such times and places as the Chairman may determine.

The Chairman shall preside at a meeting of the Authority or in the absence of the Chairman, the Deputy Chairman shall preside.

The chairman who presides at a meeting of the Authority and five other members shall constitute a quorum at any meeting of the Authority.

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

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

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

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

Notwithstanding subparagraph (6), if on a question to be determined by the

Authority, there is an equality of votes, the chairman who presides at a meeting shall have a casting vote.

Authority may invite others to meetings

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

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

Resolution without meetings

A resolution is taken to have been passed at a meeting of the Authority if –

Subparagraph (1) applies only if the Authority –

Any member of the Authority who has or acquires a direct or indirect interest by himself, through a member of his family or his associate in relation to any matter under discussion or deliberation by the Authority shall disclose to the chairman presiding at the meeting of the Authority the fact of his interest and the nature of that interest.

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

For the purposes of this paragraph –

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

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Any minutes made of a meeting of the Authority 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 Authority 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.

Common seal

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.

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

Economic Development and Investment Authority” may be used and shall be deemed to be the common seal of the Authority.

The common seal shall be kept in the custody of the Chief Executive or such officer of the Authority 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 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 Chief Executive in that behalf.

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

Validity of acts and proceedings

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

Authority;

a contravention by any member of the Authority of the provisions of paragraph 7;