"company"  has the same meaning as that assigned to "corporation" under subsection (1) of section 4 of the Companies Act 1965;

  "corporation"  means a corporation established under section 27;

  "Fund"  means the fund established under section 16;

  "General Manager"  means the General Manager appointed under subsection (1) of section 12 and includes any officer directed under subsection (5) of section 12 to perform the duties of the General Manager;

[Ins. Act A882]

  "Joint Chairman"  means a Joint Chairman of the Lembaga appointed under section 5;

  "Kawasan Lembaga Pembangunan Langkawi" 

3 PART II THE LEMBAGA-3. 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.

4 PART II THE LEMBAGA-4. 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

5 PART II THE LEMBAGA-5. 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.

[Ins. Act A882]

(2) The provisions of the First Schedule shall apply to the Lembaga.

6 PART II THE LEMBAGA-6. Public Authorities Protection Act 1948.

The Public Authorities Protection Act 1948 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.

7 PART II THE LEMBAGA-7. 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.

8 PART II THE LEMBAGA-8. 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.

9 PART II THE LEMBAGA-9. 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.

10 PART II THE LEMBAGA-10. 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.

11 PART III CHAIRMAN, OFFICERS, SERVANTS-11. The Chairman.

(1) Any function, power or duty which under this Act is to be performed, exercised or discharged by the Chairman shall be performed, exercised or discharged by the Joint Chairmen acting jointly.

(2) Without prejudice to the other provisions of this Act, the Chairman shall perform such duties as the Minister may, from time to time, determine.

12 PART III CHAIRMAN, OFFICERS, SERVANTS-12. The General Manager.

(1) The Lembaga may, with the approval of the Minister, appoint a principal executive officer, designated as "General Manager", from among the officers appointed under section 13, and vest him with such powers and impose upon him such duties as may be determined by the Lembaga.

[Am. Act A882]

(2) The General Manager shall be responsible for-

(a) the preparation of programmes, schemes and projects for the consideration of the Lembaga;

(b) the execution of all programmes, schemes and projects of the Lembaga; and

(c) the carrying out of the decisions of the Lembaga and the directions of the Chairman.

(3) The General Manager shall have general control of the other officers and servants of the Lembaga.

(4) The General Manager shall perform such further duties as the Lembaga may from time to time direct.

(5) If the Gene

13 PART III CHAIRMAN, OFFICERS, SERVANTS-13. Appointment of officers and servants of the Lembaga.

(1) Subject to any regulations made under section 14, the Lembaga may appoint on such terms and conditions as it may think desirable such officers and servants as may be necessary for carrying out the purposes of this Act.

(2) No person shall be eligible for employment as an officer or servant of the Lembaga if he has, directly or indirectly, by himself or his partner, any share or interest in any contract or proposed contract with, for or on behalf of the Lembaga.

14 PART III CHAIRMAN, OFFICERS, SERVANTS-14. Regulations with respect to conditions of service.

The Lembaga may, from time to time, with the approval of the Minister, make regulations with respect to the conditions of service of its officers and servants.

15 PART III CHAIRMAN, OFFICERS, SERVANTS-15. Regulations with respect to discipline.

(1) The Lembaga may, from time to time, with the approval of the Minister, make regulations with respect to the discipline of its officers and servants.

(2) The regulations made under this section may include provisions for-

(a) the interdiction with reduction in salary or in other remuneration; or

(b) the suspension without salary or other remuneration,

of an officer or servant of the Lembaga during the pendency of disciplinary proceedings.

(3) The regulations made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Lembaga may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank.

(4) The regulations made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made by the person

16 PART IV FINANCE-16. The Fund.

(1) There is hereby established, for the purposes of this Act, a fund to be administered and controlled by the Lembaga.

(2) The Fund shall consist of-

(a) such sums as may be provided from time to time for those purposes by the Parliament or the State Legislative Assembly;

(b) such sums as may be paid from time to time to the Lembaga from loans made by the Lembaga;

(c) moneys earned by the operation of any project, scheme or enterprise financed from the Fund;

(d) moneys earned or arising from any property, investments, mortgages, charges or debentures acquired by or vested in the Lembaga;

(e) any property, investment, mortgages, charges or debentures acquired by or vested in the Lembaga;

(f) sums borrowed by the Lembaga for the purposes of meeting any of its obligations or discharging any of its duties; and

(g) all

17 PART IV FINANCE-17. Conservation of Fund.

It shall be the duty of the Lembaga to conserve the Fund by so performing, exercising and discharging its functions, powers and duties under this Act as to secure that the total revenues of the Lembaga are, subject to any directions given by the Minister, sufficient to meet all sums properly chargeable to its revenue account, including depreciation and interest on capital, taking one year with another.

18 PART IV FINANCE-18. Reserve fund.

The Lembaga shall establish and manage a reserve fund within the Fund.

19 PART IV FINANCE-19. Expenditure to be charged on the Fund.

The Fund shall be expended for the purpose of-

(a) granting loans under section 26;

(b) paying any expenditure lawfully incurred by the Lembaga, including survey and legal fees and costs and other fees and costs, and the remuneration of officers and servants appointed and employed by the Lembaga, including superannuation allowances, pensions or gratuities;

(c) paying any other expenses, costs or expenditure properly incurred or accepted by the Lembaga in the performance of its functions or the exercise of its powers under section 4;

(d) purchasing or hiring plant, equipment, machinery, stores and any other materials, acquiring land and erecting buildings, and carrying out any other works and undertakings in the performance of its functions or the exercise of its powers under section 4;

(e) repaying any moneys borrowed under this Act and the interest due th

20 PART IV FINANCE-20. Expenditure and preparation of estimates.

(1) The expenditure of the Lembaga up to such amount as may be authorised by the Minister for any one year shall be defrayed out of the Fund.

(2) Before the beginning of September of each year, the Lembaga shall submit to the Minister an estimate of the expenditure (including the expenditure for development projects) for the following year in such form and containing such particulars as the Minister may direct; and the Minister shall, before the beginning of the following year, notify the Lembaga of the amount authorised for expenditure generally or of the amounts authorised for each description of expenditure.

(3) The Lembaga may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

(4) The Minister may direct the Lembaga to submit a copy of the estimate or supplementary estimate, as the case may be, to the St

21 PART IV FINANCE-21. Statutory Bodies (Accounts and Annual Reports) Act 1980.

The provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 shall apply to the Lembaga and any corporation established under this Act.

22 PART V OTHER POWERS OF THE LEMBAGA-22. Delegation of functions, powers or duties of the Lembaga.

(1) The Lembaga may, subject to such conditions, limitations or restrictions as it thinks fit to impose, delegate to either of the Joint Chairmen or to the General Manager any function, power or duty, as the Lembaga may determine, vested in or imposed on the Lembaga by this Act, except the power to borrow money, raise loans or make regulations; and any function, power or duty so delegated may be performed, exercised or discharged by the Joint Chairman or General Manager, as the case may be, in the name and on behalf of the Lembaga.

(2) Without prejudice to the generality of subsection (1) and to the other provisions of this Act, the Lembaga may delegate to either of the Joint Chairmen or to the General Manager authority to sanction expenditure from the Fund or any other moneys vested in and under the control of the Lembaga up to such limit as the Lembaga shall specify.

23 PART V OTHER POWERS OF THE LEMBAGA-23. Power to borrow.

(1) The Lembaga may, from time to time, with the approval of the Minister, borrow, at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise as the Minister may approve, any sums required by the Lembaga for meeting any of its obligations or discharging any of its duties.

(2) The Lembaga may from time to time, with the approval of the Minister, borrow money by the issue of bonds, debentures or stock of such class and value and upon such terms as it may, with the approval of the Minister, deem expedient, for all or any of the following purposes:

(a) the provision of working capital;

(b) the performance of the functions, the exercise of the powers and the discharge of the duties of the Lembaga under this Act;

(c) the performance of such additional functions as may be undertaken by the Lembaga under this Act;

(d)

24 PART V OTHER POWERS OF THE LEMBAGA-24. Investment.

The assets of the Lembaga shall, in so far as they are not required to be expended by the Lembaga under this Act, be invested in such manner as the Minister may approve.

25 PART V OTHER POWERS OF THE LEMBAGA-25. Power to employ.

The Lembaga may employ and pay agents and technical advisers, including advocates and solicitors, bankers, stockbrokers, surveyors, valuers and other persons, to transact any business or to do any act required to be transacted or done in the performance of its functions, the exercise of its powers or the discharge of its duties or for the better carrying into effect the purposes of this Act.

26 PART V OTHER POWERS OF THE LEMBAGA-26. Power to grant loans.

In the performance of its functions, the exercise of its powers or the discharge of its duties the Lembaga may, with the approval of the Minister, grant loans, and such loans may be granted subject to such terms and conditions as the Lembaga may, with the approval of the Minister, deem fit to impose in particular cases.

27 PART V OTHER POWERS OF THE LEMBAGA-27. Power to establish corporations.

(1) The Lembaga may from time to time, with the approval of the Minister, by order published in the Gazette , establish a corporation, by such name as the Lembaga may think fit, to carry out and have the charge, conduct and management of any project, scheme or enterprise which has been planned or undertaken by the Lembaga in the performance of its functions, the exercise of its powers or the discharge of its duties.

(2) The provisions of the Second Schedule shall apply to every corporation established by the Lembaga under subsection (1).

28 PART V OTHER POWERS OF THE LEMBAGA-28. Compulsory acquisition of land.

(1) When any immovable property, not being State land, is needed to be acquired by the Lembaga for the purposes of this Act, such property may be acquired in accordance with the provisions of any written law for the time being in force in the State relating to the acquisition of land for a public purpose, and any declaration required by any such written law that such land is so needed may be made notwithstanding that compensation is to be paid by the Lembaga, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose in accordance with such written law.

(2) All expenses and compensation payable for the acquisition of any immovable property under this section shall be paid by the Lembaga.

(3) Where any immovable property has been acquired under this section, the Lembaga shall extract the necessary documents of title in respect of such property and shall pay any rent to which such prop

29 PART VI GENERAL-29. (Deleted).

30 PART VI GENERAL-30. Obligation of secrecy.

(1) Except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any written law, no member, officer or servant of the Lembaga shall disclose any information which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.

(2) Any person contravening subsection (1) shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit or to both.

31 PART VI GENERAL-31. Power to make regulations.

(1) The Lembaga may, with the approval of the Minister, make such regulations as may be expedient or necessary for the better carrying out of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), regulations may be made for-

(a) prescribing the manner in which documents, cheques and instruments of any description shall be signed or executed on behalf of the Lembaga;

(b) prescribing the responsibilities and control of officers and servants of the Lembaga;

(c) imposing fees in such cases as may be determined by the Lembaga;

(d) providing for such matters in connection with shares, stock, bonds, debentures or debenture stock issued under this Act as may appear necessary or expedient to the Lembaga, and, in particular, for regulating the method of issue, transfer, redemption or other dealing with such shares, stock, bonds, debentures or

32 PART VI GENERAL-32. Things done in anticipation of the enactment of this Act.

All things done by any person or authority on behalf of the Lembaga in the preparation of and towards the proper implementation of any of the provisions of this Act, and any expenditure incurred in relation thereto, in anticipation of the enactment of this Act shall be deemed to have been authorised by this Act, and all rights acquired or obligations incurred on behalf of the Lembaga from anything so done shall upon the coming into force of this Act be deemed to be the rights and obligations of the Lembaga.

33 PART VI GENERAL-33. Period of operation.

(1) This Act shall be in operation for a period of twenty years from the date of coming into force, but such period may be extended, by an order made by the Minister, to such further period or periods as may be determined by agreement between the Federal Government and the State Government.

(2) Any order made under subsection (1) shall be published in the Gazette and be laid before both Houses of Parliament.

34 PART VI GENERAL-34. Dissolution of the Lembaga.

(1) Upon this Act ceasing to be in operation the Lembaga shall stand dissolved.

(2) The Minister shall, six months before the Act ceases to be in operation, give directions on the dissolution and winding up of the Lembaga, including directions with respect to the corporations and companies, if any, established under this Act.

(3) Upon the dissolution of the Lembaga-

(a) all powers, rights, privileges, duties, liabilities and obligations of the Lembaga shall devolve on the Government;

(b) all land vested in the Lembaga shall vest,-

[Subs. Act A882]

(i) in respect of land acquired pursuant to section 28, and land which has been purchased by the Lembaga, in the Federal Lands Commissioner for the purpose of the Government; and

(ii) in respect of State land which has been alienated to the Lembaga by the State Authority, in the State Sec