The Lembaga
There is hereby established a body corporate by the name of “Lembaga Pembangunan Langkawi” 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 Pembangunan Langkawi;
(b) to promote and stimulate the Kawasan Lembaga Pembangunan Langkawi as a tourist destination and duty free area;
(c) to promote, stimulate, facilitate and undertake the development of tourism and infrastructure as well as residential, agricultural, industrial and commercial development in the Kawasan Lembaga Pembangunan Langkawi; and
(d) to co-ordinate the performance, in the Kawasan Lembaga Pembangunan Langkawi, of the activities mentioned in paragraphs (a), (b) and (c).
(2) The Lembaga shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions, and in particular, but without prejudice to the generality of the foregoing—
(a) to carry on all activities, particularly activities relating to tourism, activities which are commercial or industrial in nature 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 performance of its functions;
(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 Federal Government or the State Government, any public authority, any company or corporation, or any other body or person;
(d) to promote and co-ordinate the carrying on of such activities by the Federal Government or the State Government, any public authority, any company or 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, any company or corporation, or any 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, financial assistance by the taking up of share or loan capital or by loan or otherwise;
(g) with the approval of the Minister, to 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, determine;
(h) to require government departments and governmental and non-governmental agencies engaged in carrying out, or intending to carry out, development in the Kawasan Lembaga Pembangunan Langkawi to submit reports regarding their activities or proposed activities containing such particulars and information as may be specified by the Lembaga;
(i) with the approval of the Minister, to dispose of capital assets and to use the proceeds from such disposal as directed by the Minister;
(j) to appoint such agents as it may deem fit for the purpose of performing its functions;
(k) to impose fees or any other charges it deems fit for giving effect to any of its functions or powers;
(l) to regulate, coordinate and undertake development, including the development of infrastructure, in the Kawasan Lembaga Pembangunan Langkawi; and
(m) to do such other things as it deems fit to enable it to carry out its functions and powers effectively.
(3) Subject to section 8, it shall be the responsibility of the Lembaga in performing its functions under this Act to ensure that the functions are 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 development of tourism, investment and foreign exchange in the Kawasan Lembaga Pembangunan Langkawi.
(4) Notwithstanding subsections (1), (2) and (3), the Lembaga shall, before performing 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:
(a) two Joint Chairmen, one of whom shall be the Menteri Besar and the other appointed by the Prime Minister; and
(b) three other members who shall be appointed by the Prime Minister after consultation with the Menteri Besar.
(1A) The General Manager shall be an ex-officio member of the Lembaga.
(2) The provisions of the First Schedule shall apply to 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 the Minister to give directions
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.
The Kawasan Lembaga Pembangunan Langkawi
(1) For the purposes of this Act, the Minister may, with the concurrence of the State Government, 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 Pembangunan Langkawi”.
(2) Notwithstanding any other written law, it shall be the responsibility of the Lembaga to perform, in the Kawasan Lembaga Pembangunan Langkawi, the functions provided by this Act.
Returns, reports, accounts and information
(1) The Lembaga shall furnish to the Minister, and such 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 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 State Government or any other public authority a report dealing with the activities of the Lembaga during the preceding financial year and the report shall be in such form and shall contain 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).
