s 1
Open ↗This Act may be cited as the Lembaga Kemajuan Short Wilayah Jengka Act 1983 and shall come into force on title and *such date as the Minister may, by notification in the momt PU(B)362/83 Gazette, appoint.
Source
Lembaga Kemajuan Wilayah Jengka Act 1983 Part I — Preliminary
s 2
Open ↗Inthun Act, unless the context otherwise requires—- Interpreta- "Chairman means the Chairman of the Lembaga appointed under section 5 and includes the Deputy Chairman when performing the duties of the Chairman under section 13 (2) and any member of the Lembaga when presiding at any of its meetings; "company" has the same meaning as that assigned to "corporation" under section 4 (1) of the Companies Act 125. Act 1965; "corporation" means a corporation established under section 29; "DeputyChairman" means the Deputy Chairman of the Lembaga appointed under section 5; "Deputy General Manager" means a Deputy General Manager appointed under section 14 (6); "Division" means a Division set up under section 15; "Fund" means the fund established under section 18; The Lembaga. Functions Lembaga. [Pt. I-II, S. 2-4] "General Manager" means the General Manager appointed under section 14 (1) and includes a Deputy General Manager directed to perform the duties of the General Manager under section 14 (7); "Kawasan Lembaga Kemajuan Wilayah Jengka" means the area or areas determined by the Minister in accordance with section 10 to be the Kawasan Lembaga Kemajuan Wilayah Jengka; "Lembaga" means the Lembaga Kemajuan Wilayah Jengka established under section 3; "the State" means the State of Pahang. PART I1 THE LEMBAGA
s 3
Open ↗There is hereby established a body corporate by the name "Lembaga Kemajuan Wilayah Jengka" 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.
s 4
Open ↗(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 Jengka; (b) to promote, stimulate, facilitate and undertake residential, industrial and commercial development in the Kawasan Lembaga Kemajuan Wilayah Jengka; (c) to control and co-ordinate the performance of the aforesaid activities in the Kawasan Lembaga Kemajuan Wilayah Jengka; and (d) to co-ordinate, and to co-operate and liaise other agencies to ensure, the modernisation of the agricultural sector in Kawasan Lembaga Kemajuan Wilayah Jengka. [Pt. II, S. 4] (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 generanty ot 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, 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 orotherbody person appearing to the Lembaga to have facilities for the carrying on of any such activities, including, with the approval of the (Pt. II, S. 4) 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, 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 che orandendi Ito caga Kemagualo miayah Jengka 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; (i) 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 Jengka; 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 oi the Government for the time being in force and in particular the policy relating to the restructuring of society. [Pt. II, S. 4-6] (4) Notwithstanding subsections (1), (2) and (3), the Lembaga shall, before discharging any of its functions involving development planning, first consult the State Government.
s 5
Open ↗(1) The Lembaga shall consist of the following Membermembers who, with the exception of the General Manager, shall be appointed by the Minister: Lembaga. (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.
s 6
Open ↗(1) The Ministermay, inrespect of each member Alternate of the Lembaga appointed under subsections (1) (c) and (1) (d) of section 5, 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. 1ct 198. Public servants. F.M.S. Cap. 45. Power of Minister to give directions. The Kawasan Lembaga Kemajuan Wilayah Jengka. [Pt. II, S. 7-10]
s 7
Open ↗The Public Authorities Protection Act 1948 shall applytoany action, suit,prosecution orproceedings 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.
s 8
Open ↗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.
s 9
Open ↗(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.
s 10
Open ↗(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 Jengka" (2) Notwithstanding any other written law it shall be the ns provided by ohisac tinmhe Ka tasan Lembaga Kemajuan Wilayah Jengka. [Pt. П-Пl, S. 11-13]
s 11
Open ↗In addition to the duties imposed upon and powers Additional vested in the Lembaga by this Act the Lembaga may undertake such other functions, exercise such other powers and admınıster and expend such other moneys Lembaga. 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 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.
s 12
Open ↗(1) The Lembaga shall furnish the Minister and Returns, such other person, body of persons or public authority accounts as may be directed by the Minister such returns, reports, accounts and information with respect to its property information. and activities as the Minister may from time to time require or direct. (2) Without prejudice to the generality of the provisions 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 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.
Back to Lembaga Kemajuan Wilayah Jengka Act 1983 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
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).
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