The Lembaga
There is hereby established a body corporate by the name “Lembaga Kemajuan Wilayah Pulau Pinang” with perpetual succession and a common seal, which may sue and be sued in its
name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, 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 Lembaga upon such terms as it deems fit.
Functions of the Lembaga
(1) The functions of the Lembaga shall be—
(a) to promote, stimulate, facilitate and undertake economic and social development in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang;
(b) to promote, stimulate, facilitate and undertake residential, agricultural, industrial and commercial development in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang; and
(c) to control and co-ordinate the performance of the aforesaid activities in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang.
(2) The Lembaga shall have power to do all things expedient or reasonably necessary for, or incidental to, the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing—
(a) to carry on all activities, particularly commercial and industrial activities and activities of research and training, the carrying on whereof appears to it to be requisite, advantageous or convenient for or in connection with the discharge of its said functions, including the manufacturing, assembling, processing, packing, grading and marketing of products;
(b) to initiate preliminary studies of possible development and redevelopment areas and make preliminary plans outlining development or redevelopment activities and preliminary surveys to determine if the undertaking and carrying out of development or redevelopment projects are feasible;
(c) to co-operate with or act as agent or managing agent of, or otherwise act in association with or on behalf of, the Government of the Federation or of the State, any public authority, any company, any corporation or any other body or person;
(d) to promote and co-ordinate the carrying on of such activities by the Government of the Federation or of the State, any public authority, any company, any corporation or any other body or person;
(e) with the approval of the Minister and the concurrence of the Minister of Finance, to establish or expand, or promote the establishment or expansion of, companies, corporations or other bodies to carry on any such activities either under the control or partial control of the Lembaga or independently;
(f) to give assistance to any public authority, company, corporation or other body or person appearing to the Lembaga to have facilities for the carrying on of any such activities, including, with the approval of the Minister and the concurrence of the Minister of Finance, financial assistance by the taking up of share or loan capital or by loan or otherwise;
(g) with the approval of the Minister and the concurrence of the Minister of Finance, to purchase, underwrite or otherwise acquire any stock and shares in any public or private company, and to dispose of the same on such terms and conditions as the Lembaga may, with the approval of the Minister and the concurrence of the Minister of Finance, determine;
(h) to require departments and governmental and non-governmental agencies engaged in carrying out or intending to carry out development in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang to submit reports regarding their activities or proposed activities containing such particulars and information as may be specified by the Lembaga;
(i) to appoint agents or establish such other bodies as it may deem fit for the purpose of carrying out its functions;
(j) to impose fees or any other charges it deems fit for giving effect to any of its powers or functions;
(k) to receive, in consideration of the services rendered by it, such commission or payment as may be agreed upon;
(l) to regulate development in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang; and
(m) to do such other things as it deems fit for the effective carrying out of its functions and powers.
(3) Subject to section 9, it shall be the responsibility of the Lembaga in discharging its functions under this Act to ensure that the functions shall be performed in such manner as shall be in furtherance of the policy of the Government for the time being in force and in particular the policy relating to the restructuring of society.
(4) Notwithstanding subsections (1), (2) and (3), the Lembaga shall, before discharging any of its functions involving development planning, first consult the State Government.
Membership of the Lembaga
(1) The Lembaga shall consist of the following members who, with the exception of the General Manager, shall be appointed by the Minister:
(a) a Chairman;
(b) a Deputy Chairman;
(c) three representatives of the Federal Government;
(d) three representatives of the State Government;
(e) three persons of relevant professional standing; and
(f) the General Manager.
(2) The provisions of the First Schedule shall apply to the Lembaga.
(3) Whenever the office of General Manager is vacant, subsection (1) shall be read as if paragraph (f) had been deleted.
Alternate members
(1) The Minister may, in respect of each member of the Lembaga appointed under paragraphs 5(1)(c) and (1)(d), appoint one person to be an alternate member to attend, in place of the member, meetings of the Lembaga that the member is for any reason unable to attend.
(2) When attending meetings of the Lembaga, an alternate member shall for all purposes be deemed to be a member of the Lembaga.
(3) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate ceases to be a member of the Lembaga.
(4) The provisions of paragraphs 1 and 2 of the First Schedule shall also apply in respect of an alternate member in addition to the other provisions of the First Schedule which are applicable to him when attending meetings of the Lembaga.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Lembaga or against any member, officer, servant or agent of the Lembaga in respect of any act, neglect or default done or committed by him in such capacity.
Public servants
All members, officers and servants of the Lembaga, while discharging their duties as such members, officers and servants, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Power of Minister to give directions
(1) The Lembaga shall be responsible to the Minister, and the Minister may from time to time give directions not inconsistent with the provisions of this Act and the Lembaga shall, as soon as possible, give effect to all such directions.
(2) Without prejudice to the generality of subsection (1) and subject to consultation with the Lembaga and the concurrence of the Minister of Finance, the power of the Minister to give directions shall extend to the giving to it of directions—
(a) as to the disposal of capital assets; and
(b) as to the application of the proceeds of such disposals,
notwithstanding that the directions may be of a specific character:
Provided that no such direction shall, so long as any sum borrowed by the Lembaga in accordance with the provisions of this Act remains outstanding, be given.
The Kawasan Lembaga Kemajuan Wilayah Pulau Pinang
(1) For the purposes of this Act, the Minister may, with the concurrence of the Government of the State, from time to time determine by notification in the Gazette, the area or areas within which the Lembaga shall perform its functions under this Act and such area or areas shall be known as the “Kawasan Lembaga Kemajuan Wilayah Pulau Pinang”.
(2) Notwithstanding any other written law, it shall be the responsibility of the Lembaga to discharge the functions provided by this Act in the Kawasan Lembaga Kemajuan Wilayah Pulau Pinang.
Additional functions of the Lembaga
In addition to the duties imposed upon and powers vested in the Lembaga by this Act, the Lembaga may undertake such other functions, exercise such other powers and administer and expend such other moneys for such purposes as the Government of the Federation or, with the approval of the Minister, the Government of the State may assign or give to it and, in so doing, the Lembaga shall be deemed to be fulfilling the purposes of this Act, and the provisions of this Act shall apply to the Lembaga in respect of such functions and powers and the administration and expending of such moneys:
Provided always that such moneys and the accounts thereof shall be kept separate and apart from those of the Fund.
Returns, reports, accounts and information
(1) The Lembaga shall furnish to the Minister and such other person, body of persons or public authority as may be directed by the Minister such returns, reports, accounts and information with respect to its property and activities as the Minister may from time to time require or direct.
(2) Without prejudice to the generality of subsection (1), the Lembaga shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister and, if so directed by the Minister, to the Government of the State or any other public authority a report dealing with the activities of the Lembaga during the preceding financial year and in such form and containing such information relating to the proceedings and policy of the Lembaga as the Minister may from time to time specify.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
