Establishment of Council
(1) A body corporate by the name of the “East Coast Economic Region Development Council” is established.
(2) The Council shall have perpetual succession and a common seal.
(3) The Council may sue and be sued in its own name.
(4) The Council may, subject to and for the purposes of this Act, upon such terms as the Council deems fit—
(a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy movable and immovable property of every description and to underwrite or otherwise acquire and hold any securities; and
(c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, dispose of, or otherwise deal with, any movable or immovable property, including securities, or any interest vested in the Council.
Objectives of Council
The objectives of the Council are as follows:
(a) to stimulate, promote and accelerate the growth of the East Coast Economic Region in an equitable and sustainable manner;
(b) to stimulate, promote and accelerate the development of the East Coast Economic Region into a world class economic region and a choice destination for investment, work and living; and
(c) to ensure that social development and sustainable development are kept as priorities whilst driving economic growth in the East Coast Economic Region.
Functions of Council
Subject to section 23, the Council shall perform the following functions:
(a) to establish directions, policies, strategies and initiatives in relation to the development within the East Coast Economic Region and the implementation of the East Coast Economic Region Master Plan;
(b) to promote, stimulate, facilitate, coordinate, evaluate and review any development in the East Coast Economic Region carried out by any Government entity, or body or person, whether local or foreign, and participate in the development of the East Coast Economic Region, including—
(i) economic development such as tourism, and agricultural development including the modernisation, diversification and commercialisation of the agricultural sector;
(ii) industrial and commercial development such as the oil and gas and petrochemical industry, manufacturing and other trade and higher value-added activities and new industries;
(iii) social development such as public health and the development of health and medical facilities and the advancement of art, and cultural, sports and recreational activities;
(iv) human resource development such as the development of public education and educational facilities including vocational and technical institutions and centres of excellence for research, teaching and training; and
(v) i n f r a s t r u c t u r a l d e v e l o p m e n t s u c h a s t h e development of investment and logistics centre, duty free area, residential area and public amenities, and property development;
(c) to plan, phase, coordinate, and evaluate and review the activities carried out by any Government entity, or body or person, whether local or foreign, in the East Coast Economic Region which the Council thinks are of strategic national importance or are in the national interest in furtherance of the objectives of the Council;
(d) to implement strategies and initiatives for the development of trade and marketing in the East Coast Economic Region;
(e) to provide advisory and consultancy services relating to investments or potential investments in the East Coast Economic Region including—
(i) to advise any Government entity on incentives applicable to investors;
(ii) to directly or indirectly approach any investor or potential investor, whether local or foreign, in order to promote private sector investment in the East Coast Economic Region; and
(iii) to develop and review criteria for incentives which are directly and exclusively managed and administered by the Council as approved by the Federal Government, from time to time, to be applicable to investors in the East Coast Economic Region, and to process and evaluate the grant of such incentives to eligible investors;;
(f) to identify the necessary skills for the maintenance and expansion of the economy of the East Coast Economic Region and develop strategies and initiatives for ensuring that those skills are developed and maintained;
(g) to integrate scientific and technological research and its commercial exploitation within the economic framework of the East Coast Economic Region;
(h) to conduct inquiries, carry out surveys, and collate and analyse information, statistics and factors influencing or relevant to development, business or investment in the East Coast Economic Region, and to publish and disseminate such information, statistics and factors to any Government entity, body, person and investor or potential investor, whether local or foreign;
(i) to establish policies, direction, strategies and initiatives in relation to sustainable development, including environmental protection, management and conservation in the East Coast Economic Region; and
(j) to do all things as are expedient, advantageous or necessary for, or incidental, supplemental or consequential to, the performance of the functions of the Council and the proper and effective administration of the Council in furtherance of the objectives of the Council and the better carrying out of the purposes of this Act.
Powers of Council
The Council shall have the power to do all things reasonably necessary or expedient or advantageous for the purpose of discharging its functions, or which are incidental, supplemental or consequential, to the discharge of those functions, and the exercise of those powers, and for the proper and effective
administration of the Council in furtherance of the objectives of the Council and the better carrying out of the purposes of this Act, and in particular, but without prejudice to the generality of the foregoing:
(a) subject to the approval of the Federal Government, to carry on or engage in any commercial activity, profit-making enterprise, joint-ventures, partnership, equity participation or any arrangements for the sharing of profits, union of interest, reciprocal concession or otherwise to co-operate with, act as authorized agent of, in association with or on behalf of, any Government entity, or body or person, whether local or foreign, for the purposes of carrying out development activities in the East Coast Economic Region;
(b) to take or otherwise acquire shares and securities of any company or business, activity or transaction, capable of being conducted so as, directly or indirectly, to achieve the objectives of the Council, and to sell, hold, or re-issue with or without guarantee or otherwise deal with such shares and securities, or to underwrite or otherwise hold such shares and securities and to dispose of such shares and securities on such terms as the Council may determine;
(c) to initiate and carry out studies of possible development and redevelopment areas and to propose plans outlining development or redevelopment activities, including identifying suitable locations and other key enablers for such purposes, and carry out surveys to determine if the undertaking and carrying out of the development or redevelopment projects are feasible;
(d) to make recommendations and provide consultancy and advisory services on the implementation of policies, laws and actions, and uniform standards, guidelines, best practices, and administrative processes and procedures to be applied by any Government entity, body and person, whether local or foreign, for the purpose of facilitating development of the East Coast Economic Region;
(e) to promote, recommend, facilitate, assist in, coordinate, organise, develop and undertake strategies and initiatives to enhance the international competitiveness of goods and services in the East Coast Economic Region, including strategies and initiatives relating to—
(i) the development of strong regional and world class brands;
(ii) the dissemination of modern or international best practices or standards for adoption by producers or service providers; and
(iii) the achievement of international accreditation or certification by businesses;
(f) to identify the necessary infrastructure for the maintenance and expansion of the economy of the East Coast Economic Region in accordance with the East Coast Economic Region Master Plan;
(g) to receive and channel any funds allocated by Parliament for the provision of infrastructure in the East Coast Economic Region and monitor the construction, implementation, operation and upkeep of such infrastructure;
(h) to establish, manage and operate any investment fund, whether relating to property, bonds, stock, shares, securities or otherwise, and to dissolve the investment fund on such terms as the Council may determine;
(i) to develop, promote, recommend, facilitate, organise, coordinate and undertake social development initiatives aimed at alleviating poverty and reducing income disparity in the East Coast Economic Region; and
(j) to make recommendations to the State Governments of Kelantan, Terengganu, Pahang and Johor and local authorities within the East Coast Economic Region in relation to local government functions and services including local planning control and its regulation, approval or control of all buildings and building operations, the repair and removal of ruinous and dangerous buildings, and the prohibition, closure and demolition of a building of a particular class, design, facade or appearance in the East Coast Economic Region.
Additional functions and powers of Council
(1) In addition to the functions assigned to and the powers conferred upon the Council under this Act—
(a) the Council shall perform such other functions and exercise such other powers conferred upon the Council under any written law;
(b) the Council may undertake such other functions and exercise such other powers as the Federal Government, the State Government of Kelantan, Terengganu, Pahang or Johor, or any other Government entity may assign to or confer upon the Council;
(c) subject to subsection (3), the Council may expend such moneys received by the Council from the Federal Government, the State Government of Kelantan, Terengganu, Pahang or Johor, any other Government entity, or body or person, whether local or foreign, to undertake such other functions and exercise such other powers for which such moneys were received by the Council; and
(d) the Council may carry out any other functions and exercise any other powers that are incidental, supplementary or consequential to any of the functions and powers specified in this section.
(2) In carrying out such additional functions and powers under subsection (1), the Council shall be deemed to be fulfilling its objectives under this Act and the provisions of this Act shall apply to the Council in respect of the undertaking of such functions and the exercise of such powers.
(3) The moneys received and expended under this section shall be kept in the special fund under section 33, separate and apart from those of the Fund.
Membership of Council
(1) The Council shall consist of the following members:
(a) a Chairman, who shall be the Prime Minister;
(b) the Deputy Prime Minister;
(c) the Menteri Besar-Menteri Besar of the States of Kelantan, Terengganu, Pahang and Johor;
(d) two Federal Ministers to be appointed by the Prime Minister;
(e) a representative of the civil service to be appointed by the Prime Minister; and
(f) two members from the private sector with suitable experience or qualifications to be appointed by the Prime Minister.
(2) The Chief Executive shall be the Secretary to the Council.
(3) The provisions of the First Schedule shall apply to the Council.
(4) The Prime Minister may, from time to time, by order published in the Gazette, amend the First Schedule.
Alternate member of Council
(1) Subject to the approval of the Prime Minister, any member of the Council appointed under subparagraphs 10(1)(c),
(d) and (e) may appoint an alternate to attend the meetings of the Council in his absence.
(2) When attending meetings of the Council in place of a member, an alternate member shall for all purposes be deemed to be a member of the Council at the relevant meeting in respect of which he is appointed as an alternate of such member.
Council may establish committees
(1) The Council may establish such committees as the Council considers necessary or expedient to assist it in the performance of its functions and carrying out of its powers under this Act.
(2) The Council may elect any of its members to be the chairman of any committee.
(3) The Council may appoint any person to be a member of any committee.
(4) Membership of a committee may include one or more individuals from the private sector.
(5) The provisions of the Second Schedule shall apply to a committee.
(6) The Council may, from time to time, by order published in the Gazette, amend the Second Schedule relating to a committee.
Delegation of functions and powers of Council
(1) The Council may, in writing, delegate any of its functions and powers, other than its power to borrow money or to raise loans—
(a) to the Chairman;
(b) to a member of the Council;
(c) to a committee;
(d) to the Implementation and Coordination Committee;
(e) to the Chief Executive; or
(f) to an officer of the Council.
(2) The Chairman, a member of the Council, a committee, the Implementation and Coordination Committee, the Chief Executive or an officer of the Council to whom the Council has delegated such functions or powers shall be bound to observe and have regard to all conditions, restrictions and other requirements imposed by the Council and all procedures and matters specified by the Council in carrying out such delegated functions or powers.
(3) Any function or power delegated under this section shall be performed and exercised in the name and on behalf of the Council.
(4) A delegation under this section shall not preclude the Council itself from performing or exercising at any time any of the delegated functions or powers.
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).
