act688 east coast economic region development council act 2008

8/6/2019 Act688 East Coast Economic Region Development Council Act 2008

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East Coast Economic Region Development Council 1

LAWS OF MALAYSIA

Ac 688

EASt COASt ECOnOMIC REgIOn DEvELOpMEntCOunCIL ACt 2008



2 Laws of Malaysia Act 688

Date of Royal Assent ... ... 20 February 2008

Date of publaton n theGazette ... ... ... 25 February 2008

pliser’s Coyri C

pERCEtAkAn nASIOnAL MALAYSIA bERhAD

All rghts reserved. No part of ths publaton may be reprodued, stored n a retreval system or transmtted n any form or by

any means eletron, mehanal, photoopyng, reordng and/or otherwse wthout the pror permsson of perceaa nasioal

Malaysia berad (Aoied prier o e goerme of Malaysia).




LAWS OF MALAYSIA

Ac 688


ARRANGEMENT OF SEcTiONS

Part I

PRELiMiNARY

Seton

1. Short ttle and ommenement

2. interpretaton

3. General assurane that power of State Government and other Governmententtes not affeted

4. The East coast Eonom Regon

Part ii

THE cOUNciL

5. Establshment of counl

6. Objetves of counl

7. Funtons of counl

8. Powers of counl

9. Addtonal funtons and powers of counl

10. Membershp of counl

11. Alternate member of counl

12. counl may establsh ommttees

13. Delegaton of funtons and powers of counl

Part III

cHiEF EXEcUTiVE, OFFicERS AND SERVANTS

OF cOUNciL

14. chef Exeutve

15. Employment of offers and servants of counl

16. Fnanal assstane to offers and servants and ther dependants




Part iV

EAST cOAST EcONOMic REGiON MASTER PLAN

Seton

17. The East coast Eonom Regon Master Plan

18. consultaton wth State Government

19. Approval and adopton of the East coast Eonom Regon MasterPlan

20. Revew and alteraton of the East coast Eonom Regon Master Plan

21. Duty to take ognsane of the East coast Eonom Regon Master Plan

22. Desgnated strateg development

Part V

DIrECtION, POLICIES aND StratEGIES FOr DEVELOPMENt

IN tHE EaSt COaSt ECONOMIC rEGION

23. Responsblty of counl

24. Responsblty of Government entty

Part Vi

cOORDiNATiON BETWEEN GOVERNMENT ENTiTiES iN THEEAST cOAST EcONOMic REGiON

25. Prnpal oordnatng ageny

26. Arrangement wth Government entty

27. counl may request for nformaton from Government entty

28. implementaton and coordnaton commttee

Part Vii

FiNANcE

29. The Fund

30. Expendture to be harged on the Fund

31. Authorty to santon expendture from the Fund

32. conservaton of the Fund

33. Speal fund




Seton

34. Reserve fund

35. Bank aounts

36. Power to mpose fees

37. Power to borrow and rase funds

38. investment

39. Expendture and preparaton of estmates

40. Fnanal year

41. Statutory Bodes (Aounts and Annual Reports) At 1980

Part VIII

OFFENcES AND PENALTiES

42. Offene for falure to dslose nterest

43. Oblgaton of serey

44. Offene for gvng false or msleadng nformaton

45. Offene for unauthorzed modfaton of nformaton n the counl’sustody

46. Offene by body orporate and employee

Part IX

GENERAL PROViSiONS

47. Returns, reports, aounts and nformaton

48. Power to establsh ompanes

49. Power to employ professonals

50. Proteton aganst suts and legal proeedngs

51. Publ Authortes Proteton At 1948

52. Publ servants

53. Power to make regulatons

54. Thngs done n antpaton of the enatment of ths At

55. Savngs provsons

FIrSt SCHEDuLE

SECOND SCHEDuLE

tHIrD SCHEDuLE




LAWS OF MALAYSIA

Ac 688


An At to norporate the East coast Eonom Regon Development

counl, to provde for the proper dreton, poles and strateges

n relaton to the development wthn the East coast Eonom

Regon, to provde for oordnaton between Government enttes

n the promoton of trade, nvestment, toursm and development

atvtes wthn the East coast Eonom Regon, and to provde

for matters onneted therewth or anllary thereto.

[ ]

EnACtED by the Parlament of Malaysa as follows:

Part I

PRELiMiNARY

Sor ile ad commeceme

1. (1) Ths At may be ted as the East coast Eonom Regon

Development counl At 2008.

(2) Ths At omes nto operaton on suh date as the PrmeMnster may, after onsultaton wth the State Authortes of

Kelantan, Terengganu, Pahang and Johor, appont by notfaton

n the Gazette.




Ierreaio

2. in ths At, unless the ontext otherwse requres—

“member” means a member of the counl apponted undersubseton 10(1) and nludes an alternate member apponted

under seton 11;

“Government entty” means—

(a) the Federal Government, any State Government or loalgovernment; and

(b) any mnstry, department, offe, ageny, authorty,ommsson, ommttee, board, ounl or other body,orporate or unnorporate, of the Federal Government,any State Government or loal government, whetherestablshed under any wrtten law or otherwse;

“omm t t ee” means a omm t t ee appo n t ed unde rseton 12;

“implementaton and coordnaton commttee” means theimplementaton and coordnaton commttee apponted underseton 28;

“chef Exeutve” means the chef Exeutve apponted undersubseton 14(1) and nludes an offer dreted to perform thedutes of the chef Exeutve under subseton 14(6);

“Fund” means the East coast Eonom Regon Development

Fund establshed under seton 29;

“counl” means the East coast Eonom Regon Developmentcounl establshed under seton 5;

“East coast Eonom Regon Master Plan” means the Eastcoast Eonom Regon Master Plan prepared pursuant toseton 17 and nludes any alteratons to suh Master Plan;

“charman” means the charman of the counl appontedunder paragraph 10(1)(a);

“East coast Eonom Regon” means the area delared underseton 4.




geeral assrace a ower of Sae goerme ad oergoerme eiies o affeced

3. (1) Nothng ontaned n ths At shall be onstrued as

redung or lmtng the powers, funtons, rghts, jursdton,dutes and responsbltes of the States of Kelantan, Terengganu,Pahang and Johor, and any other Government entty.

(2) The provsons of ths At shall be read together wthany wrtten law relatng to the States of Kelantan, Terengganu,Pahang and Johor, and any other Government entty and shallnot be n derogaton of the powers, funtons, rghts, jursdton,dutes and responsbltes onferred upon the States of Kelantan,Terengganu, Pahang and Johor, and any other Government enttyunder any suh wrtten law.

te Eas Coas Ecoomic Reio

4. it s delared, for the purposes of ths At, an area that shallbe olletvely known as the “East coast Eonom Regon” whhshall omprse the States of Kelantan, Terengganu, Pahang andthe Dstrt of Mersng n the State of Johor.

Part II

THE cOUNciL

Esalisme of Cocil

5. (1) A body orporate by the name of the “East coast EonomRegon Development counl” s establshed.

(2) The counl shall have perpetual suesson and a ommonseal.

(3) The counl may sue and be sued n ts own name.

(4) The counl may, subjet to and for the purposes of thsAt, upon such terms as the Council deems fit—

(a) enter nto ontrats;




(b) aqure, purhase, take, hold and enjoy movable andmmovable property of every desrpton and to underwrteor otherwse aqure and hold any seurtes; and

(c) onvey, assgn, surrender, yeld up, harge, mortgage,demse, reassgn, transfer, dspose of, or otherwse dealwth, any movable or mmovable property, nludngseurtes, or any nterest vested n the counl.

Ojecies of Cocil

6. The objetves of the counl are as follows:

(a) to stmulate, promote and aelerate the growth of the Eastcoast Eonom Regon n an equtable and sustanablemanner;

(b) to stmulate, promote and aelerate the developmentof the East coast Eonom Regon nto a world lasseonom regon and a hoe destnaton for nvestment,work and lvng; and

(c) to ensure that soal development and sustanable development

are kept as prortes whlst drvng eonom growth nthe East coast Eonom Regon.

Fcios of Cocil

7. Subjet to seton 23, the counl shall perform the followngfuntons:

(a) to establsh dretons, poles, strateges and ntatves

n relaton to the development wthn the East coastEonom Regon and the mplementaton of the Eastcoast Eonom Regon Master Plan;

(b) to promote, stmulate, faltate, oordnate, evaluate andrevew any development n the East coast EonomRegon arred out by any Government entty, or bodyor person, whether loal or foregn, and partpate nthe development of the East coast Eonom Regon,nludng—

() eonom development suh as toursm, andagr ul tura l deve lopment n ludng them o d e r n s a t o n , d v e r s f a t o n a n dommeralsaton of the agrultural setor;




() ndustral and ommeral development suh as the

o l and gas and petrohemal ndustry,

manufaturng and other trade and hgher

value-added atvtes and new ndustres;

() soal development suh as publ health and the

development of health and medal faltes and

the advanement of art, and ultural, sports and

rereatonal atvtes;

(v) human resour e dev elopmen t suh as the

de ve l opm e n t o f pub l e du a t on a nd

e d u a t o n a l f a l t e s n l u d n g

voat onal and tehnal nst tut ons andentres of exellene for researh, teahng and

tranng; and

(v) nfras t rutural development suh as the

development of nvestment and logst s

entre, duty free area, resdental area and publ

amentes, and property development;

(c) to plan, phase, oordnate, and evaluate and revew theatvtes arred out by any Government entty, or body

or person, whether loal or foregn, n the East coast

Eonom Regon whh the counl thnks are of strateg

natonal mportane or are n the natonal nterest n

furtherane of the objetves of the counl;

(d) to mplement strateges and ntatves for the development

of trade and marketng n the East coast Eonom

Regon;

(e) to provde advsory and onsultany serves relatng to

nvestments or potental nvestments n the East coast

Eonom Regon nludng—

() to advse any Government entty on nentves

applable to nvestors;

() to dretly or ndretly approah any nvestor or

potental nvestor, whether loal or foregn, n

order to promote prvate setor nvestment n theEast coast Eonom Regon; and




() to develop and revew rtera for nentves whh aredretly and exlusvely managed and admnstered bythe counl as approved by the Federal Government,from tme to tme, to be applable to nvestors n

the East coast Eonom Regon, and to proessand evaluate the grant of suh nentves to elgblenvestors;;

(f) to dentfy the neessary sklls for the mantenane andexpanson of the eonomy of the East coast EonomRegon and develop strateges and ntatves for ensurngthat those sklls are developed and mantaned;

(g) to ntegrate sentf and tehnologal researh and tsommeral explotaton wthn the eonom frameworkof the East coast Eonom Regon;

(h) to ondut nqures, arry out surveys, and ollate andanalyse nformaton, statsts and fators nfluenngor relevant to development, busness or nvestment nthe East coast Eonom Regon, and to publsh anddssemnate suh nformaton, statsts and fators to

any Government entty, body, person and nvestor orpotental nvestor, whether loal or foregn;

(i) to establsh poles, dreton, strateges and ntatvesn relaton to sustanable development, nludngenvronmental proteton, management and onservatonn the East coast Eonom Regon; and

(j) to do all thngs as are expedent, advantageous or neessaryfor, or ndental, supplemental or onsequental to,the performane of the funtons of the counl andthe proper and effetve admnstraton of the counln furtherane of the objetves of the counl and thebetter arryng out of the purposes of ths At.

powers of Cocil

8. The counl shall have the power to do all thngs reasonably

neessary or expedent or advantageous for the purpose of dshargng ts funtons, or whh are ndental, supplementalor onsequental, to the dsharge of those funtons, and theexerse of those powers, and for the proper and effetve




admnstraton of the counl n furtherane of the objetves of

the counl and the better arryng out of the purposes of ths

At, and n partular, but wthout prejude to the generalty of

the foregong:

(a) subjet to the approval of the Federal Government, to arry

on or engage n any ommeral atvty, proft-makng

enterprse, jont-ventures, partnershp, equty partpaton

or any arrangements for the sharng of profts, unon of

nterest, reproal onesson or otherwse to o-operate

wth, at as authorzed agent of, n assoaton wth or

on behalf of, any Government entty, or body or person,

whether loal or foregn, for the purposes of arryng

out development atvtes n the East coast Eonom

Regon;

(b) to take or otherwse aqure shares and seurtes of any

ompany or busness, atvty or transaton, apable of

beng onduted so as, dretly or ndretly, to aheve

the objetves of the counl, and to sell, hold, or

re-ssue wth or wthout guarantee or otherwse deal wth

suh shares and seurtes, or to underwrte or otherwsehold suh shares and seurtes and to dspose of suh

shares and seurtes on suh terms as the counl may

determne;

(c) to ntate and arry out studes of possble development

and redevelopment areas and to propose plans outlnng

development or redevelopment atvtes, nludng

dentfyng sutable loatons and other key enablers

for suh purposes, and arry out surveys to determnef the undertakng and arryng out of the development

or redevelopment projets are feasble;

(d) to make reommendatons and provde onsultany and

advsory serves on the mplementaton of poles,

laws and atons, and unform standards, gudelnes, best

prates, and admnstratve proesses and proedures to

be appled by any Government entty, body and person,

whether loal or foregn, for the purpose of faltatng

development of the East coast Eonom Regon;




(e) to promote, reommend, faltate, assst n, oordnate,organse, develop and undertake strateges and ntatvesto enhane the nternatonal ompettveness of goods and

serves n the East coast Eonom Regon, nludng

strateges and ntatves relatng to—

() the development of strong regonal and world lass

brands;

() the dssemnaton of modern or nternatonal bestprates or standards for adopton by produers

or serve provders; and

() the ahevement of nternatonal aredtaton or

ertfaton by busnesses;

(f) to dentfy the neessary nfrastruture for the mantenane

and expanson of the eonomy of the East coast EonomRegon n aordane wth the East coast Eonom

Regon Master Plan;

(g) to reeve and hannel any funds alloated by Parlament for

the provson of nfrastruture n the East coast Eonom

Regon and montor the onstruton, mplementaton,operaton and upkeep of suh nfrastruture;

(h) to establsh, manage and operate any nvestment fund,

whether relatng to property, bonds, stok, shares,seurtes or otherwse, and to dssolve the nvestment

fund on suh terms as the counl may determne;

(i) to develop, promote, reommend, faltate, organse,oordnate and undertake soal development ntatves

amed at allevatng poverty and redung nome dspartyn the East coast Eonom Regon; and

(j) to make reommendatons to the State Governmentsof Kelantan, Terengganu, Pahang and Johor and loal

authortes wthn the East coast Eonom Regon nrelaton to loal government funtons and serves

nludng loal plannng ontrol and ts regulaton, approvalor ontrol of all buldngs and buldng operatons, the

repar and removal of runous and dangerous buldngs,and the prohbton, losure and demolton of a buldng

of a partular lass, desgn, faade or appearane n theEast coast Eonom Regon.




Addiioal fcios ad owers of Cocil

9. (1) in addton to the funtons assgned to and the powersonferred upon the counl under ths At—

(a) the counl shall perform suh other funtons and exersesuh other powers onferred upon the counl under anywrtten law;

(b) the counl may undertake suh other funtons andexerse suh other powers as the Federal Government,the State Government of Kelantan, Terengganu, Pahangor Johor, or any other Government entty may assgn toor onfer upon the counl;

(c) subjet to subseton (3), the counl may expend suhmoneys reeved by the counl from the FederalGovernment, the State Government of Kelantan,Terengganu, Pahang or Johor, any other Governmententty, or body or person, whether loal or foregn, toundertake suh other funtons and exerse suh otherpowers for whh suh moneys were reeved by thecounl; and

(d) the counl may arry out any other funtons and exerseany other powers that are ndental, supplementaryor onsequental to any of the funtons and powersspefed n ths seton.

(2) in arryng out suh addtonal funtons and powers undersubseton (1), the counl shall be deemed to be fulfllng ts

objetves under ths At and the provsons of ths At shall applyto the counl n respet of the undertakng of suh funtonsand the exerse of suh powers.

(3) The moneys reeved and expended under ths seton shallbe kept n the speal fund under seton 33, separate and apartfrom those of the Fund.

Memersi of Cocil

10. (1) The counl shall onsst of the followng members:

(a) a charman, who shall be the Prme Mnster;

(b) the Deputy Prme Mnster;




(c) the Menter Besar-Menter Besar of the States of Kelantan,Terengganu, Pahang and Johor;

(d) two Federal Mnsters to be apponted by the PrmeMnster;

(e) a representatve of the vl serve to be apponted bythe Prme Mnster; and

(f) two members from the prvate setor wth sutableexperene or qualfatons to be apponted by the PrmeMnster.

(2) The chef Exeutve shall be the Seretary to thecounl.

(3) The provsons of the Frst Shedule shall apply to thecounl.

(4) The Prme Mnster may, from tme to tme, by orderpublshed n the Gazette, amend the Frst Shedule.

Alerae memer of Cocil

11. (1) Subjet to the approval of the Prme Mnster, anymember of the counl apponted under subparagraphs 10(1)(c),(d) and (e) may appont an alternate to attend the meetngs of the counl n hs absene.

(2) When attendng meetngs of the counl n plae of amember, an alternate member shall for all purposes be deemedto be a member of the counl at the relevant meetng n respet

of whh he s apponted as an alternate of suh member.

Cocil may esalis commiees

12. (1) The counl may establsh suh ommttees as the counlonsders neessary or expedent to assst t n the performaneof ts funtons and arryng out of ts powers under ths At.

(2) The counl may elet any of ts members to be theharman of any ommttee.

(3) The counl may appont any person to be a member of any ommttee.




(4) Membershp of a ommttee may nlude one or more

ndvduals from the prvate setor.

(5) The provsons of the Seond Shedule shall apply to a

ommttee.

(6) The counl may, from tme to tme, by order publshed n the

Gazette, amend the Seond Shedule relatng to a ommttee.

Deleaio of fcios ad owers of Cocil

13. (1) The counl may, n wrtng, delegate any of ts funtons

and powers, other than ts power to borrow money or to rase

loans—

(a) to the charman;

(b) to a member of the counl;

(c) to a ommttee;

(d) to the implementaton and coordnaton commttee;

(e) to the chef Exeutve; or

(f) to an offer of the counl.

(2) The charman, a member of the counl, a ommttee, the

implementaton and coordnaton commttee, the chef Exeutve

or an offer of the counl to whom the counl has delegated

suh funtons or powers shall be bound to observe and have

regard to all ondtons, restrtons and other requrements mposed

by the counl and all proedures and matters spefed by the

counl n arryng out suh delegated funtons or powers.

(3) Any funton or power delegated under ths seton shall

be performed and exersed n the name and on behalf of the

counl.

(4) A delegaton under ths seton shall not prelude thecounl tself from performng or exersng at any tme any of

the delegated funtons or powers.




Part iii

cHiEF EXEcUTiVE, OFFicERS AND SERVANTS OFcOUNciL

Cief Execie

14. (1) The counl shall appont a chef Exeutve of the

counl on suh terms as the counl thnks approprate.

(2) The chef Exeutve shall be responsble for—

(a) the general ondut, admnstraton and management of

the funtons, atvtes and day to day affars of the

counl;

(b) the preparaton of programs, shemes and projets for

the onsderaton of the counl;

(c) the exeuton of all programs, shemes and projets of

the counl;

(d) the marketng and promoton of the East coast EonomRegon; and

(e) the arryng out of the desons of the counl.

(3) The chef Exeutve shall be responsble for and have the

general ontrol of the offers and servants of the counl.

(4) The chef Exeutve shall perform suh further dutes as

the counl may, from tme to tme, dret.

(5) in dshargng hs dutes, the chef Exeutve shall at

under the general authorty and dreton of the counl.

(6) if the post of the chef Exeutve s vaant or the chef

Exeutve s temporarly absent from Malaysa or s temporarly

napatated through llness or for any other reason from the

performane of hs dutes, the charman may dret any offerof the counl to perform the dutes of the chef Exeutve,

nludng to at as the Seretary to the counl, durng suh

vaany, temporary absene or napaty.




Emloyme of officers ad seras of Cocil

15. (1) The counl shall establsh a sheme of serve and may,

from tme to tme, employ suh number of offers and servants

as the counl thnks desrable and neessary to suh sheme of serve and upon suh terms, nludng terms as to remuneraton,allowanes and other expenses as the counl onsders approprate,for arryng out the purposes of ths At.

(2) No person shall be elgble for employment as an offer

or servant of the counl f he has, dretly or ndretly, by

hmself or through any person or thrd party, any share or nterestn any ontrat or proposed ontrat wth, for or on behalf of thecounl.

Fiacial assisace o officers ad seras ad eirdeedas

16. The counl may provde the followng fnanal assstaneon suh terms as the counl may determne:

(a) payment of retrement benefts, gratutes, allowanes

and other expenses as the counl may determne to the

chef Exeutve, offers and servants of the counl;

(b) subsdes, grants, fnanng or redt faltes, wth or

wthout nterest for housng and vehle purhase, and

other ompassonate fnanng or loans, to the chef

Exeutve, offers and servants of the counl; and

(c) subsdes, grants, fnanng or redt faltes, wth or

wthout nterest, for medal and eduatonal purposesor sholarshps to the chef Exeutve, offers and

servants of the counl, and ther dependents.

Part iV

EAST cOAST EcONOMic REGiON MASTER PLAN

te Eas Coas Ecoomic Reio Maser pla

17. (1) The counl shall prepare a draft East coast Eonom

Regon Master Plan for the East coast Eonom Regon.




(2) The counl shall, n the draft East coast EonomRegon Master Plan, formulate n suh detals as the counlthnks approprate the followng:

(a) proposals for the overall framework, vson and objetvesof the development of the East coast Eonom Regon,whh shall nlude objetves and strateges for thephysal, eonom and soal development of the Eastcoast Eonom Regon;

(b) proposals for the plannng and mplementaton of ntatveswthn the East coast Eonom Regon to realse theobjetves and strateges referred to n paragraph (a) whh

shall nlude ntatves relatng but not lmted to thefollowng:

() the objetves, funtons, powers and addtonalfuntons and powers of the counl under setons6, 7, 8 and 9 respetvely;

() the development and expanson of the toursmndustry;

() the mprovement, expanson, entralsaton,oordnaton and enhaned management of theol and gas and petrohemal ndustry;

(v) the development of the ndustral setor, nludngthe development of hgher value-added ndustresand new ndustres;

(v) the development of setoral-relevant or ndustry-relevant human aptal, whh nludes atvtes

relatng to eduaton, tranng and researh;

(v) the development of the agrultural setor,nludng ts modernsaton, dversfaton andommeralsaton;

(v) the enhanement of the qualty of lvng envronmentn the East coast Eonom Regon;

(v) the management and enhanement of soal

development n the East coast EonomRegon;

(x) the management of the use of land n the Eastcoast Eonom Regon;




(x) the ahevement or enhanement of nternatonalompettve advantage for goods and serves nthe East coast Eonom Regon, whh nludesatvtes relatng to brandng, researh, aredtaton

to nternatonal standards and marketng;(x) the attraton of nvestment n the agrultural,

manufaturng and serve setors n the Eastcoast Eonom Regon;

(x) the provson of nentves for agrultural,manufaturng and serve setors n the Eastcoast Eonom Regon;

(x) the provson, ntegraton, mprovement, expanson,entralsaton, oordnaton and enhanedmanagement and montorng of utlty nfrastrutureand serves n the East coast Eonom Regon;and

(xv) the promoton of transt-orented development nthe East coast Eonom Regon;

(c) objetves and strateges for the development and

enhanement of logsts, transportaton and servesnfrastruture n the East coast Eonom Regon,nludng but not lmted to the followng:

() the enhanement of nternal, natonal and nternatonaltransport lnkages for movement of goods andpeople; and

() the provson and management of an ntegrated,oordnated and nter-onneted publ transportaton

system; and(d) measures and ntatves for the proteton, management,

onservaton, preservaton, enhanement and sustanabledevelopment of natural envronmental resoures,agrultural resoures, senstve oastal eosystems,hghlands, forests, parks and open spaes n the Eastcoast Eonom Regon, nludng but not lmted tothe followng:

() the proteton of envronmentally senstve areasdesrbed n the Natonal Physal Plan under theTown and country Plannng At 1976 [ Act 172];and




() the mprovement of water, energy and waste

management n the East coast Eonom Regon.

(3) The draft East coast Eonom Regon Master Plan shall

ontan, or be aompaned by, suh maps, dagrams, llustratons,reports, drawngs, models and any other desrptve matters asthe counl thnks approprate for the purpose of explanng orllustratng the proposals n the draft East coast Eonom RegonMaster Plan, or may n any partular ase be spefed n dretonsfurnshed by the State Government of Kelantan, Terengganu,Pahang or Johor; and the maps, dagrams, llustratons, reports,drawngs, models and other desrptve matters and dretonsshall be treated as formng part of the draft East coast Eonom

Regon Master Plan.

Coslaio wi Sae goerme

18. (1) in formulatng ts proposals, objetves, strateges,ntatves and measures n the draft East coast Eonom RegonMaster Plan, the counl—

(a) shall onsult the State Governments of Kelantan, Terengganu,Pahang and Johor;

(b) shall seure that suh proposals, objetves, strateges,ntatves and measures onform generally to the strutureplan under the Town and country Plannng At 1976 of the respetve States of Kelantan, Terengganu, Pahangand Johor for the tme beng n fore, whether or nott has ome nto effet; and

(c) shall have regard—

() to any nformaton and other onsderatons thatappears to the counl to be relevant;

() to any nformaton and other onsderatons thatthe State Government of Kelantan, Terengganu,Pahang or Johor may dret the counl to takento aount onernng any proposals, objetves,strateges, ntatves and measures affetng therespetve State; and

() to natonal poles and poles of the respetveState.




(2) Any Government entty may gve suh nput onernngthe role and funton of suh Government entty n the East coastEonom Regon to the counl for the purposes of formulatngproposals, objetves, strateges, ntatves and measures n the

draft East coast Eonom Regon Master Plan by the counl.

Aroal ad adoio of e Eas Coas Ecoomic ReioMaser pla

19. (1) When the counl has prepared the draft East coastEonom Regon Master Plan, the counl shall submt the draftEast coast Eonom Regon Master Plan to the State Governments

of Kelantan, Terengganu, Pahang and Johor for approval.

(2) The State Government of Kelantan, Terengganu, Pahang,or Johor may wthhold ts approval of the draft East coastEonom Regon Master Plan only f the State Government of Kelantan, Terengganu, Pahang or Johor s of the opnon thatthe draft East coast Eonom Regon Master Plan or any partthereof has not been prepared n aordane wth the requrementsof setons 17 and 18.

(3) For t he a vo da ne o f d oub t , no tw th s t and n gsubseton (2), the State Government of Kelantan, Terengganu,Pahang or Johor may not wthhold ts approval f any of therequrements n seton 17 or 18 whh n the opnon of theState Government of Kelantan, Terengganu, Pahang or Johor hasnot been ompled wth s n respet of—

(a) a matter pertanng not to ther respetve State;

(b) a matter ontaned n the Federal Lst of the NnthShedule to the Federal consttuton; or

(c) a matter fallng wthn the exlusve purvew or responsbltyof the Federal Government.

(4) The counl shall publsh the fat of the approval of thedraft East coast Eonom Regon Master Plan by the StateGovernments of Kelantan, Terengganu, Pahang and Johor—

(a) at the counl’s nternet webste, n the natonal languageand Englsh language, together wth the East coastEonom Regon Master Plan; and




(b) n three ssues of at least one loal manstream newspapern the natonal language and one n the Englsh language,together wth the markng by whh the approved Eastcoast Eonom Regon Master Plan may be dentfed

and a statement of the tme when and the plae wherethe East coast Eonom Regon Master Plan may benspeted.

(5) Upon approval of the East coast Eonom Regon MasterPlan by the State Governments of Kelantan, Terengganu, Pahangand Johor—

(a) n relaton to any area wthn the East coast EonomRegon for whh a loal plan has yet to reeve theassent of a State Authorty under the Town and countryPlannng At 1976, the relevant State Plannng commtteefor suh area shall gve a dreton to the relevant loalplannng authorty under paragraph 12(3)(b) and subseton12(8) of the Town and country Plannng At 1976 tonorporate nto the draft loal plan for the area suhontents of the East coast Eonom Regon Master Planas suh State Plannng commttee may deem relevantor approprate; and

(b) n relaton to any area wthn the East coast EonomRegon for whh a loal plan has reeved the assent of the State Authorty under the Town and country PlannngAt 1976, the relevant State Plannng commttee forsuh area shall gve a dreton to the relevant loalplannng authorty under subseton 16(2) of the Townand country Plannng At 1976 to alter suh loal

plan by norporatng suh ontents of the East coastEonom Regon Master Plan as suh State Plannngcommttee may deem relevant or approprate.

Reiew ad aleraio of e Eas Coas Ecoomic ReioMaser pla

20. (1) The counl or the State Government of Kelantan,Terengganu, Pahang or Johor may propose any revew of oralteraton to the East coast Eonom Regon Master Plan, andthe counl and the State Government affeted may jontly revewor alter the East coast Eonom Regon Master Plan.




(2) Setons 17, 18 and 19 shall apply, wth the neessary

modfatons, n relaton to a revew and an alteraton of the East

coast Eonom Regon Master Plan as t apples n relaton to

the preparaton of the draft East coast Eonom Regon Master

Plan and the subsequent approval and adopton by the StateGovernment affeted by suh revew and alteraton.

Dy o ae coisace of e Eas Coas Ecoomic Reio

Maser pla

21. it shall be the duty of every Government entty, any body

or person, whether loal or foregn, to take ognsane of, and

at n a manner onsstent wth the ontents of the East coast

Eonom Regon Master Plan, whether or not norporated nto

a loal plan pursuant to subseton 19(5)—

(a) n relaton to any Government entty, n the performane

of the funtons and dutes of suh Government entty,

and n the exerse of the powers of suh Government

entty wthn the East coast Eonom Regon; and

(b) n relaton to any Government entty, or body or person,

whether loal or foregn, n puttng up any proposal for

development or other atvtes, or n arryng out any

development or other atvtes, wthn the East coast

Eonom Regon.

Desiaed sraeic deelome

22. (1) The State Authorty of Kelantan, Terengganu, Pahang

or Johor, as the ase may requre, may, at the request of the

counl, publsh by notfaton n the relevant State Gazette—

(a) any atvty wthn the East coast Eonom Regon

whh may have a sgnfant eonom mpat to the

East coast Eonom Regon as a desgnated strateg

development atvty;

(b) any area or areas n the respetve State wthn the East

coast Eonom Regon whh may have a sgnfant

eonom mpat to the East coast Eonom Regon

as a desgnated strateg development area; and




(c) any desgnated strateg development atvty wthn any

desgnated strateg development area.

(2) Any Government entty, or body or person, whether

loal or foregn, ntendng to arry out any desgnated strategdevelopment atvty, or any development wthn a desgnated

strateg development area, or any desgnated strateg development

atvty wthn a desgnated strateg development area, shall frst

refer suh proposed development to the counl for ts dreton

before submttng suh proposed development for the approval

of the relevant authortes.

(3) T h e c o u n l s h a l l g v e d r e t o n s u n d e rsubseton (2) for purposes of seurng onformty and

onssteny wth the ontents of the East coast Eonom

Regon Master Plan whether or not norporated nto a loal plan

pursuant to subseton 19(5).

Part V

DIrECtION, POLICIES aND StratEGIES FOr DEVELOPMENt

IN tHE EaSt COaSt ECONOMIC rEGION

Resosiiliy of Cocil

23. in performng ts funtons and arryng out ts powers under

ths At, t shall be the responsblty of the counl—

(a) to ensure that the funtons are performed and the

powers are arred out n suh a manner n furtherane

of the poly of the Federal Government and the State

Governments of Kelantan, Terengganu, Pahang and Johor

for the tme beng n fore and n partular the poly

relatng to the development of the East coast Eonom

Regon n aordane wth the East coast EonomRegon Master Plan;




(b) n respet of the strategy for the plannng of the development

and use of all lands and buldngs, to have regard to

and at wthn the general framework of—

() the natonal poly for the promoton and ontrolof the utlsaton of land; and

() the general poly of the State Governments of

Kelantan, Terengganu, Pahang and Johor; and

(c) to onsult and oordnate ts ats wth the State

Governments of Kelantan, Terengganu, Pahang and Johor

and any Government entty—() havng responsblty over the areas of the East coast

Eonom Regon where the counl proposes to

arry out ts atvtes; or

() onferred wth smlar funtons and powers as

the counl over any matter whh the counl

proposes to undertake wthn the East coast

Eonom Regon.

Resosiiliy of goerme eiy

24. it shall be the responsblty of every Government entty—

(a) to o-operate wth and assst the counl n the performane

by the counl of ts funtons and powers under thsAt;

(b) where relevant, to refer to and utlse the nformaton,

statsts and fators dssemnated by the counl; and

(c) to gve due onsderaton to the proposed poles, laws

and atons to be appled wthn the East coast Eonom

Regon as reommended by the counl.




Part VI

cOORDiNATiON BETWEEN GOVERNMENT ENTiTiES iN THEEAST cOAST EcONOMic REGiON

pricial coordiai aecy

25. (1) The counl shall, n oordnatng the performane of the atvtes arred out by any Government entty n the East

coast Eonom Regon—

(a) at as the prnpal oordnatng agent or authorzed

agent on behalf of the relevant Government entty toreeve, proess and expedte the requste approvalsand admnstratve atons n relaton to applatons for

approvals n respet of whh the counl has enterednto an agreement or arrangement under seton 26;and

(b) render admnstratve serves and assstane to the StateGovernments of Kelantan, Terengganu, Pahang and Johor

n onneton wth matters relatng to land wthn theEast coast Eonom Regon.

(2) The counl may, n arryng out the role mentoned nparagraph (1)(a)—

(a) mpose on the applant suh fees, osts, ontrbutons

or any other harges as may be presrbed n respet of

serves rendered by the counl; and

(b) on behalf of the relevant Government entty, ollet from

the applant suh fees, osts, ontrbutons or any otherharges as may be lawfully requred by suh Government

entty n onneton wth the applaton.

(3) For the purposes of ths seton, “approvals” means anyapproval of any Government entty, whether under any wrtten

law or not, and may nlude approval for or n relaton to lene,permt, pass, regstraton, tax, exse and nentves, requred or

n onneton wth trade, nvestment and development n the Eastcoast Eonom Regon.




Arraeme wi goerme eiy

26. (1) Subjet to subseton (2), the counl may enter ntoan agreement or arrangement wth any Government entty

onernng—

(a) the arryng out by the counl and the Government enttyof any of ther respetve funtons and powers;

(b) the arryng out or provson by the counl for the

Government entty, or by the Government entty for thecounl, of any works or serves; or

(c) the olleton by the counl on behalf of the Government

entty of suh fees, osts, ontrbutons or any otherharges as may be lawfully requred, harged or mposedby suh Government entty.

(2) Any agreement or arrangement entered nto under

subseton (1)—

(a) shall be wth the onsent of the Prme Mnster n the aseof any Government entty of the Federal Government;

(b) shall be wth the onsent of the respetve State Governmentof Kelantan, Terengganu, Pahang or Johor n the ase of any Government entty of suh State Government; and

(c) shall be subjet to and n aordane wth the laws

governng the powers and funtons of the relevantGovernment entty.

Cocil may reqes for iformaio from goermeeiy

27. in order for the counl to arry out effetvely the funtons

and powers of the counl and the role of the counl as theprnpal oordnatng ageny the counl may request—

(a) from any Government entty suh assstane and suh

nformaton n ther possesson as may be requred bythe counl; and




(b) for montorng the status of all applatons relatng to the

proposed major or strateg development and nvestment

dentfed pursuant to paragraph (a);

(c) for oordnatng the roles and atvtes of all relevantGovernment enttes to expedte the mplementaton of the

proposed major or strateg development and nvestmentdentfed pursuant to paragraph (a);

(d) for lasng wth the counl or any of ts delegatees onthe status of the mplementaton of the proposed majoror strateg development and nvestments dentfedpursuant to paragraph (a);

(e) for dentfyng any dffultes or ssues arsng durngthe mplementaton of the proposed major or strategdevelopment and nvestments dentfed pursuant toparagraph (a);

(f) for takng or reommendng approprate steps andadmnstratve atons to resolve the dffultes or ssuesdentfed pursuant to paragraph (e); and

(g) for performng any other funtons or dutes as dreted

by the counl.

(6) The provsons of the Seond Shedule shall apply to theimplementaton and coordnaton commttee.

(7) The counl may, from tme to tme, by order publshedn the Gazette, amend the Seond Shedule relatng to theimplementaton and coordnaton commttee.

Part Vii

FiNANcE

te Fd

29. (1) A fund to be known as the “East coast Eonom RegonDevelopment Fund” s establshed and shall be admnstered and

ontrolled by the counl.

(2) The Fund shall onsst of—

(a) suh sums as may be provded by Parlament for thepurposes of ths At from tme to tme;




(b) all moneys earned by the operaton of any projet, shemeor enterprse fnaned from the Fund;

(c) all moneys earned or arsng from any property, nvestment,nvestment fund, mortgage, harge or debenture aquredby or vested n the counl;

(d) any property, nvestment, nvestment fund, mortgage, hargeor debenture aqured by or vested n the counl;

(e) all moneys earned from onsultany and advsory servesand any other serve rendered by the counl;

(f) fees, osts, ontrbutons and other harges mposed bythe counl under ths At;

(g) all other sums or property, other than sums mentoned nparagraph 25(2)(b), whh may n any manner beomepayable to or vested n the counl n respet of anymatter ndental to ts funtons, powers and dutes;

(h) suh sums as may be pad to the counl from tme totme from loans made by the counl;

(i) sums borrowed by the counl for the purposes of meetng

any of ts oblgatons or dshargng any of ts dutes;and

(j) all other moneys lawfully reeved by the counl.

Exedire o e cared o e Fd

30. The Fund shall be expended for the followng purposes:

(a) payng any expenses, osts or expendture lawfully nurredor aepted by the counl n the performane of tsfuntons or the exerse of ts powers under ths Atnludng survey and legal fees and osts and other feesand osts;

(b) purhasng or hrng plant, equpment, mahnery andmaterals, aqurng land and other assets, and eretngbuldngs, and arryng out any other works and

undertakngs n the performane of the funtons or theexerse of the powers of the counl under ths At;

(c) repayng any moneys borrowed under ths At and thenterest due on the borrowed moneys;




(d) payng for the allowanes and other expenses of the membersof the counl, the implementaton and coordnatoncommttees and any ommttee, and any person nvtedto attend meetngs of the counl, the implementaton

and coordnaton commttees and any ommttee;(e) payng for the remuneraton, allowanes and other expenses

of the chef Exeutve, offers and servants of thecounl nludng the grantng of loans and advanes,superannuaton allowanes, retrement benefts, pensonsand gratutes;

(f) grantng fnanal assstane or redt faltes, wth orwthout nterest, or any ontrbuton, for eduatonal

purposes or sholarshps or any other purposes as thecounl may approve to any person;

(g) ontrbutons and donatons to any person; and

(h) generally payng any expenses for arryng nto effetthe provsons of ths At.

Aoriy o sacio exedire from e Fd

31. (1) Wthout prejude to seton 13 and other provsons of ths At, the counl may delegate to the charman, a member of the counl, the implementaton and coordnaton commttees,a ommttee, the chef Exeutve or offer of the counl, theauthorty to santon expendture from the Fund or any othermoneys vested n and under the ontrol of the counl up tosuh lmt as the counl shall spefy.

(2) The charman, a member of the counl, the implementaton

and coordnaton commttees, a ommttee, the chef Exeutve oran offer of the counl, authorsed to santon suh expendturefrom the Fund shall be bound to observe and have regard toall ondtons and restrtons mposed by the counl and allrequrements, proedures and matters spefed by the counl.

(3) The authorty to santon expendture from the Funddelegated under ths seton shall be performed and exersed nthe name and on behalf of the counl.

(4) A delegaton of the authorty to santon expendture fromthe Fund under ths seton shall not prelude the counl tself from performng or exersng at any tme any of suh delegatedfunton.




Conservation of the Fund

32. It shall be the duty of the Council to conserve the Fund byso performing its functions and exercising its powers under this

Act to secure that the total revenues of the Council are sufficientto meet all sums properly chargeable to its revenue account,including depreciation and interest on capital, taking one yearwith another.

Special fund

33. (1) The Council shall establish, receive and manage funds

for the purposes specified in the Third Schedule.

(2) The accounts of the funds under subsection (1) shall bekept separate and apart from those of the Fund.

(3) The Prime Minister may, from time to time, by orderpublished in the Gazette amend the Third Schedule.

Reserve fund

34. The Council shall establish and manage a reserve fundwithin the Fund.

Bank accounts

35. The Council shall open and maintain an account or accounts

with such banks in Malaysia as the Council thinks fit, and everyaccount shall be operated upon as far as practicable by chequessigned by any person as may be authorized by the Council forsuch purpose from time to time.

Power to impose fees

36. (1) Notwithstanding any other provision in this Act on thepower of the Council to impose fees, costs or any other charges,the Council may impose such other fees, costs or charges as itdeems fit for anything done by the Council under this Act infurtherance of the objectives of the Council and for giving effectto any of the functions and powers of the Council.




(2) Where any person fails to pay any fees, cost and charges,imposed by the Council, such fees, costs and charges remainingunpaid shall be deemed to be a debt due to the Council and maybe sued for and recovered in any court from such person.

Power to borrow and raise funds

37. The Council may from time to time, with the approval of the Prime Minister and the Minister of Finance, borrow at suchrate of interest and for such period and upon such terms as to thetime and method of repayment, and create or issue any debentures,stocks or any other financial instruments and otherwise as the

Prime Minister and the Minister of Finance may approve for thepurpose of raising any sums required by the Council for meetingany of its obligations or discharging any of its duties and includingfor the purposes of the special fund under section 33.

Investment

38. (1) The moneys of the Council, insofar as they are not requiredto be expended by the Council under this Act, shall be investedin such manner as the Prime Minister may approve.

(2) Subject to and in accordance with any written law, theCouncil may establish, manage and operate any investment fundin accordance with its specified purposes, whether relating toproperty, stock, shares or otherwise, and to dissolve the investmentfund on such terms as the Council may determine.

Expenditure and preparation of estimates

39. (1) The expenditure of the Council up to such amount asmay be authorized by the Prime Minister for any one year shallbe defrayed out of the Fund.

(2) Before the beginning of September of each year, the

Council shall submit to the Prime Minister an estimate of theexpenditure, including the expenditure for development projects,for the following year in such form and containing such particularsas the Prime Minister may direct.




(3) The Prime Minister shall, before the beginning of thefollowing year, notify the Council of the amount authorized forexpenditure generally or of the amounts authorized for eachdescription of expenditure.

(4) The Council may at any time submit to the Prime Ministera supplementary estimate of its expenditure for any one yearand the Prime Minister may allow the whole or any part of theadditional expenditure included in the supplementary estimate.

(5) The Prime Minister may direct the Council to submit acopy of the estimate or supplementary estimate, as the case maybe, to such other public authority as may be specified in thedirection.

Financial year

40. The financial year of the Council shall begin on 1 Januaryand end on 31 December of each year.

Statutory Bodies (Accounts and Annual Reports) Act 1980

41. The Statutory Bodies (Accounts and Annual Reports) Act1980 [ Act 240] shall apply to the Council.

Part VIII

OFFENCES AND PENALTIES

Offence for failure to disclose interest

42. Any member of the Council who fails to disclose his interestas required under paragraph 6 of the First Schedule and anymember of a committee and the Implementation and CoordinationCommittee who fails to disclose his interest as required under

paragraph 6 of the Second Schedule commits an offence and shall,on conviction, be liable to a fine not exceeding fifty thousandringgit or to imprisonment for a term not exceeding two yearsor to both.




Obligation of secrecy

43. (1) Except for any of the purposes of this Act or for thepurpose of any civil or criminal proceedings under any written

law, no member of the Council, member of the Implementationand Coordination Committees, member of a committee or personinvited to attend any meetings of the Council, the Implementationand Coordination Committees or any committee, or the Chief Executive or officer or servant of the Council shall disclose orprovide or cause any person to disclose or provide, any informationor document which has been obtained by him or to which he hasaccess in the course of his duties and which is not publishedpursuant to this Act.

(2) Any person who contravenes subsection (1) commits anoffence and shall, on conviction, be liable to a fine not exceedingfifty thousand ringgit or to imprisonment for a term not exceedingtwo years or to both.

Offence for giving false or misleading information

44. (1) Any person who discloses or provides or causes any

person to disclose or provide, information to the Council which heknows or has reason to believe is false or misleading commits anoffence and shall, on conviction, be liable to a fine not exceedingfifty thousand ringgit.

(2) If any person who commits an offence under subsection (1)is one whose profession is regulated under any written law, heshall, on conviction, be liable to a fine not exceeding one hundredthousand ringgit.

(3) Any body corporate which discloses or provides, or causesany person or body corporate to disclose or provide, informationto the Council which the body corporate knows or has reasonto believe is false or misleading commits an offence and shall,on conviction, be liable to a fine not exceeding two hundredthousand ringgit.

Offence for unauthorized modification of information in the

Council’s custody

45. (1) A person commits an offence if he does any act oromission or causes any person to do any act or omission, whichhe knows will cause unauthorized modification of any information,




statistic or other data, whether in electronic form or otherwise,

in the possession, custody or control of the Council.

(2) For the purposes of this section—

(a) it is immaterial that the act or omission in question is

not directed—

(i) at any particular information, statistic or data;

(ii) at information, statistic or data of any kind; or

(iii) at any information, statistic or data held in any

particular location;

(b) it is immaterial whether an unauthorized modification is,

or is intended to be, permanent or merely temporary;

and

(c) a modification, including any act or omission that

contributes towards causing such a modification, of any

information, statistic or data takes place if—

(i) such information, statistic or data is altered or

erased;

(ii) any new information, statistic or data is introduced

or added to such information, statistic or data;

or

(iii) any event occurs which impairs the ability of

the Council to have access to such information,

statistic or data.

(3) Any person who commits an offence under this section

shall, on conviction, be liable to a fine not exceeding one hundred

thousand ringgit, or be liable to a fine not exceeding one hundred

and fifty thousand ringgit if the act is done with the intention of

causing injury as defined in the Penal Code [ Act 574].

(4) If any person who commits an offence under this section is

one whose profession is regulated under any written law, he shall,

on conviction, be liable to a fine not exceeding one hundred andfifty thousand ringgit, or be liable to a fine not exceeding two

hundred thousand ringgit if the act is done with the intention of

causing injury as defined in the Penal Code.




(5) Any body corporate which commits an offence under thissection shall, on conviction, be liable to a fine not exceeding twohundred thousand ringgit, or be liable to a fine not exceedingtwo hundred and fifty thousand ringgit if the act is done with

the intention of causing injury as defined in the Penal Code.

Offence by body corporate and employee

46. (1) Where a body corporate commits an offence under this Act,any person who at the time of the commission of the offence wasa director, manager, secretary or other similar officer of the bodycorporate or was purporting to act in any such capacity or was inany manner or to any extent responsible for the management of any of the affairs of the body corporate, or was assisting in suchmanagement, shall be deemed to be guilty of that offence unless,having regard to the nature of his functions in that capacity andto all circumstances, he proves—

(a) that the offence was committed without his knowledge,consent or connivance; and

(b) that he took all reasonable precautions and had exercised duediligence to prevent the commission of the offence.

(2) Where any person would be liable under this Act to anypunishment or penalty for any act, omission, neglect or defaultdone by him, he shall be liable to the same punishment or penaltyfor every such act, omission, neglect or default of any employeeor agent of his, or of the employee of such agent, if such act,omission, neglect or default was committed—

(a) by his employee in the course of his employment;

(b) by the agent when acting on his behalf; or(c) by the employee of such agent in the course of his

employment by such agent or otherwise on behalf of the agent.

Part IX

GENERAL PROVISIONS

Returns, reports, accounts and information

47. (1) The Council shall furnish to the Prime Minister, andsuch public authority as may be directed by the Prime Minister,




such returns, reports, accounts and information with respect toits property and activities as the Prime Minister may, from timeto time, require or direct.

(2) Without prejudice to the generality of subsection (1), theCouncil shall, as soon as may be practicable after the end of each financial year, cause to be made and transmitted to thePrime Minister and, if so directed by the Prime Minister, to anyother public authority a report dealing with the activities of theCouncil during the preceding financial year.

(3) The report under subsection (2) shall be in such form andshall contain such information relating to the proceedings andpolicy of the Council as the Prime Minister may, from time totime, specify.

Power to establish companies

48. The Council shall have the power to establish or expand,or promote the establishment or expansion of companies under

the Companies Act 1965 [ Act 125] or other bodies—

(a) to perform any of its functions or carry out any of itspowers; or

(b) to carry out and have the charge, conduct and managementof any project, scheme or enterprise which has beenplanned or undertaken by the Council in the performanceof its functions or the exercise of its powers.

Power to employ profesionals

49. (1) The Council may employ, appoint and pay agents, contractorsand technical advisers, including advocates and solicitors, bankers,surveyors, valuers and other persons, to transact any business,and carry out any project, scheme or enterprise.

(2) No person shall be eligible for employment pursuant tosubsection (1) if he has, directly or indirectly, by himself or throughany person or third party, any share or interest in any contractor proposed contract with, for or on behalf of the Council.




Protection against suits and legal proceedings

50. No action, suit, prosecution or other proceedings shall lie

or be brought, instituted or maintained in any court against—

(a) the Chairman;

(b) the Council;

(c) any member of the Council, any member of the

Implementation and Coordination Committees, or any

member of a committee;

(d) the Chief Executive, any officer or servant of the Council;

or (e) an agent of the Council or any other person lawfully

acting on behalf of the Council,

in respect of any act, neglect, default or omission done by him

or it in good faith in carrying out his or its powers, functions

and responsibilities under this Act in such capacity.

Public Authorities Protection Act 1948

51. Public Authorities Protection Act 1948 [ Act 198] shall

apply to any action, suit, prosecution or proceedings against the

Council or against any member of the Council, any member of

the Implementation and Coordination Committees, any member of

a committee, or the Chief Executive, officer or servant or agent

of the Council in respect of any act, neglect, default or omissiondone by it or him in such capacity.

Public servants

52. Every member of the Council, the Implementation and

Coordination Committees, any committee, the Chief Executive,

any officer, servant or agent of the Council, while discharging

his duty under this Act as such member, Chief Executive, officer,

servant or agent, shall be deemed to be a public servant within

the meaning of the Penal Code.




Power to make regulations

53. The Council may, with the approval of the Prime Minister,make such regulations as may be expedient or necessary for the

better carrying out of the provisions of this Act and, withoutprejudice to the generality of the foregoing, regulations may bemade for prescribing fees, costs and any other charges underparagraph 25(2)(a) and in such other cases as may be determinedby the Council.

Things done in anticipation of the enactment of this Act

54. All acts and things done on behalf of the Council inpreparation for or in anticipation of the enactment of this Act andany expenditure incurred in relation thereto shall be deemed tohave been authorized under this Act, provided that the acts andthings done are consistent with the general intention and purposesof this Act; and all rights and obligations acquired or incurredas a result of the doing of those acts or things including anyexpenditure incurred in relation thereto shall upon the coming intooperation of this Act be deemed to be the rights and obligationsof the Council.

Savings provisions

55. (1) The provisions of this Act shall not apply to oraffect—

(a) in relation to a Government entity—

(i) any project undertaken by, or any project approved

or awarded to, any Government entity before thedate of the coming into operation of this Act;and

(ii) unless otherwise decided by the Prime Minister,any proposed project of any Government entityin respect of which approval or award is pendingon the date of the coming into operation of thisAct; and

(b) in relation to a person—

(i) any project undertaken by, or any project approvedor awarded to, any person before the date of thecoming into operation of this Act; and




(ii) any proposed project of any person in respect of which approval or award is pending on the dateof the coming into operation of this Act.

(2) The execution or continued execution of any project, orapproval or award of any proposed project which is pending exceptin respect of any proposed project in relation to which a directionhas been made by the Prime Minister under subsection (1),shall not be affected by the coming into operation of this Actand for such purposes it shall be treated as if this Act had notbeen enacted.

First schedule

[Section 10]

Appointment, revocation and resignation

1. (1) The appointment of a member of the Council under paragraphs 10(1)(d)

and (e) of the Act shall be for such duration and on such terms as the Prime

Minister may determine.

(2) A member of the Council appointed under paragraph 10(1)(f) of the

Act shall, subject to such terms as may be specified in his instrument of

appointment, hold office for a term not exceeding two years and is eligible

for reappointment for a maximum period of three consecutive terms.

(3) The appointment of a member under paragraph 10(1)(f) of the Act may

at any time be revoked by the Prime Minister, without assigning any reason

for the revocation.

(4) A member appointed under paragraph 10(1)(f) of the Act may at anytime resign his office by letter addressed to the Prime Minister.

Vacation of office

2. The ofce of a member of the Council appointed under paragraph 10(1)(f)

of the Act is vacated—

(a) if he dies;

(b) if there has been proved against him, or he has been convicted on, acharge in respect of—

(i) an offence involving fraud, dishonesty or moral turpitude;




(ii) an offence under any law relating to corruption or under thisAct; or

(iii) any other offence punishable with imprisonment (in itself only orin addition to or in lieu of a fine) for more than two years;

(c) if he becomes a bankrupt;

(d) if he is of unsound mind or is otherwise incapable of discharging hisduties;

(e) if he absents himself from three consecutive meetings of the Councilwithout leave of the Chairman;

(f) if his resignation is accepted by the Prime Minister; or

(g) if his appointment is revoked by the Prime Minister.

Meetings of the Council

3. (1) The Council shall meet at such times and places as the Chairman maydetermine.

(2) The Chairman shall preside at a meeting of the Council or in theabsence of the Chairman, the Deputy Prime Minister shall preside.

(3) The Chairman who presides at a meeting of the Council and four othermembers shall constitute a quorum at any meeting of the Council.

(4) Subject to subparagraph (5), the Chairman who presides at a meetingof the Council and every member present at such meeting of the Council shallbe entitled to one vote.

(5) For the avoidance of doubt, in all meetings of the Council the vote of the Chairman who presides at a meeting of the Council shall be counted asone.

(6) Decisions of the Council shall be made by unanimous vote of memberspresent and entitled to vote at the relevant meeting.

Council may invite others to meetings

4. (1) The Council may invite any other person to attend any meeting ordiscussion of the Council for the purpose of advising the Council on anymatter under discussion, but any person so attending shall have no right tovote at the meeting or discussion.

(2) Any person invited to attend any meeting or discussion of the Councilunder subparagraph (1) may be paid allowances and such other expenses asthe Council may determine.




Resolution without meetings

5. (1) A resolution is taken to have been passed at a meeting of the Council

if—

(a) all members of the Council have been informed of the proposedresolution, or reasonable efforts have been made to inform all

members of the Council of the proposed resolution; and

(b) without meeting, all of the members of the Council indicate agreement

with the resolution in accordance with the method determined by

the Council under subparagraph (2).

(2) Subparagraph (1) applies only if the Council—

(a) decides that the subparagraph applies; and

(b) decides the method by which members of the Council are to indicate

agreement with the resolutions.

Disclosure of interest

6. (1) Any member of the Council who has or acquires a direct or indirect

interest by himself, through a member of his family or his associate in relation

to any matter under discussion or deliberation by the Council shall disclose to

the Chairman presiding at the meeting of the Council the fact of his interest

and the nature of that interest.

(2) A disclosure under subparagraph (1) shall be recorded in the minutes

of the meeting of the Council in which the matter is discussed or deliberated

and, after the disclosure, the member—

(a) shall not be present in any discussion or deliberation, or decision of

the Council when the matter is discussed or deliberated, or decided

upon; and

(b) shall be disregarded for the purpose of constituting a quorum of the

Council when the matter is discussed or deliberated, or decidedupon.

(3) For the purposes of this paragraph—

(a) “a member of his family”, in relation to a member of the Council

includes—

(i) his spouse;

(ii) his parent including a parent of his spouse;

(iii) his child including an adopted child or stepchild;

(iv) his brother or sister including a brother or sister of his spouse;

and

(v) a spouse of his child, brother or sister; and




(b) “associate”, in relation to a member of the Council means—

(i) a person who is a nominee or an employee of the member;

(ii) a firm of which the member or any nominee of his is a

partner;

(iii) a partner of the member;

(iv) a trustee of a trust under which the member or a member of

his family is a beneficiary; or

(v) any corporation within the meaning of the Companies Act

1965 [ Act 125], of which the member or any nominee of his

or a member of the member’s family is a director or has a

substantial shareholding in the corporation.

Live participation by video links, etc.

7. The Chairman may authorize, a meeting by, or a member to participate in

any meeting of the Council by, live video, television links or other appropriate

communication or multimedia facilities.

Minutes

8. (1) The Council shall cause minutes of all its meetings to be maintained

and kept in a proper form.

(2) Any minutes made of a meeting of the Council shall, if duly signed

by the Chairman presiding at such meeting, be admissible in evidence in all

legal proceedings without further proof.

(3) Every meeting of the Council in respect of the proceedings of which

minutes have been made in accordance with subparagraphs (1) and (2) shall

be deemed to have been duly convened and held and all members thereat to

have been duly qualified to act.

Common seal

9. (1) The Council shall have a common seal which shall bear such device

as the Council shall approve and such seal may be broken, changed, altered

or made anew as the Council may think fit.

(2) Until a seal is provided by the Council, a stamp bearing the words

“East Coast Economic Region Development Council” may be used and shall

be deemed to be the common seal of the Council.




(3) The common seal shall be kept in the custody of the Chief Executiveor such officer of the Council as may be authorized by the Chief Executive inwriting, and shall be authenticated by the Chief Executive or such authorized

officer; and all deeds, documents or other instruments purporting to be sealedwith that seal, authenticated as specified in this subparagraph, shall, until the

contrary is proved, be deemed to have been validly executed.

(4) Notwithstanding subparagraph (3), any document or instrument which if executed by a person who, not being a body corporate, would not be requiredto be under seal may in like manner be executed by the Council; and anysuch document or instrument may be executed on behalf of the Council byany officer or servant of the Council generally or specially authorized by theChief Executive in that behalf.

(5) The common seal of the Council shall be officially and judicially

noticed.

Validity of acts and proceedings

10. No act or omission done or proceedings taken by the Council under thisAct shall be questioned or invalidated on the ground of—

(a) any vacancy in the membership of, or any defect in the constitutionof, the Council;

(b) a contravention by any member of the Council of the provisions of paragraph 6;

(c) the presence or participation of a member or person not entitled to

be present or participate; and

(d) any omission, defect or an irregularity not affecting the merit of thecase.

Procedure

11. Subject to this Act, the Council may regulate its own procedure.

Allowances

12. There may be paid to the members of the Council such allowances andother expenses as the Prime Minister may determine.

Members of Council to devote time to business of the Council

13. Every member of the Council shall devote such time to the business of the Council as may be necessary to discharge his duties effectively.




second schedule

[Sections 12 and 28]

Interpretation

1. In this Schedule, unless the context otherwise requires—

(a) “member of committee” means a member of a committee appointedunder section 12 of the Act, and a member of the Implementationand Coordination Committee appointed under section 28 of the Act,and includes an alternate member of a member of the Implementationand Coordination Committee;

(b) “committee” means a committee appointed under section 12 of theAct and the Implememtation and Coordination Committee appointedunder section 28 of the Act; and

(c) “chairman” means the chairman of the respective committee, or thechairman of the Implementation and Coordination Committee, asthe case may be, and includes a member of a committee acting aschairman under subparagraph 3(2).

Appointment, revocation and resignation

2. (1) A member of a committee shall hold office for such term as may bespecified in his letter of appointment and is eligible for reappointment.

(2) In relation to a committee appointed under section 12 of the Act, the

Council may revoke the appointment of any member of the committee withoutassigning any reason for the revocation.

(3) In relation to the Implementation and Coordination Committee appointedunder section 28 of the Act, the Prime Minister may revoke the appointmentof any member of the Committee without assigning any reason for therevocation.

(4) Any member of a committee may at any time resign by giving a noticein writing to the Prime Minister.

(5) The Council may at any time discontinue or alter the constitution of a committee.

Meetings of a committee

3. (1) A committee shall meet at such times and places as the chairman of the committee may determine.

(2) The chairman shall preside at a meeting of the committee or in theabsence of the chairman, the members present at the meeting shall appoint a

chairman from amongst them.

(3) The chairman who presides at a meeting of a committee and two othermembers shall constitute a quorum of any meeting of a committee.

(4) Subject to subparagraph (5), the chairman who presides at a meetingof a committee and every member present at such meeting of the committeeshall be entitled to one vote.




(5) For the avoidance of doubt, in all meetings of a committee the vote of the chairman who presides at a meeting of the committee shall be counted asone.

(6) Decisions of a committee shall be made by a majority of votes of

members present and entitled to vote at the relevant meeting.

(7) Notwithstanding subparagraph (6), if on a question to be determinedby a committee, there is an equality of votes, the chairman who presides ata meeting shall have a casting vote.

Committee may invite others to meetings

4. (1) A committee may invite any person to attend any meeting or discussion

of the committee for the purpose of advising the committee on any matterunder discussion, but any person so attending shall have no right to vote atthe meeting or discussion.

(2) Any person invited to attend any meeting or discussion of a committeeunder subparagraph (1) may be paid allowances and such other expenses asthe Council may determine.

Resolution without meetings

5. (1) A resolution is taken to have been passed at a meeting of a committeeif—

(a) all members of the committee have been informed of the proposedresolution, or reasonable efforts have been made to inform allmembers of the committee of the proposed resolution; and

(b) without meeting, all of the members of the committee indicate agreementwith the resolution in accordance with the method determined bythe committee under subparagraph (2).

(2) Subparagraph (1) applies only if a committee—

(a) decides that the subparagraph applies; and

(b) decides the method by which members of the committee are to indicateagreement with the resolutions.

Disclosure of interest

6. (1) Any member of a committee who has or acquires a direct or indirectinterest by himself, through a member of his family or his associate in relationto any matter under discussion or deliberation by the committee shall discloseto the chairman who presides at the meeting of the committee the fact of hisinterest and the nature of that interest.




(2) A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the committee in which the matter is discussed or deliberatedand, after the disclosure, the member—

(a) shall not be present in any discussion or deliberation, or decision

of the committee, when the matter is discussed or deliberated, ordecided upon; and

(b) shall be disregarded for the purpose of constituting a quorum of thecommittee when the matter is discussed or deliberated, or decidedupon.

(3) For the purpose of this paragraph—

(a) “a member of his family”, in relation to a member of a committeeincludes—

(i) his spouse;(ii) his parent including a parent of his spouse;

(iii) his child including an adopted child or stepchild;

(iv) his brother or sister including a brother or sister of his spouse;and

(v) a spouse of his child, brother or sister; and

(b) “associate”, in relation to a member of a committee means—

(i) a person who is a nominee or an employee of the member;

(ii) a firm of which the member or any nominee of his is apartner;

(iii) a partner of the member;

(iv) a trustee of a trust under which the member or a member of his family is a beneficiary; or

(v) any corporation within the meaning of the Companies Act1965 [ Act 125], of which the member or any nominee of his

or a member of the member’s family is a director or has asubstantial shareholding in the corporation.

Live participation by video links, etc.

7. The chairman may authorize, a meeting by, or a member to participate inany meeting of a committee by, live video, television links or other appropriatecommunication or multimedia facilities.

Minutes

8. (1) A committee shall cause minutes of all its meetings to be maintainedand kept in a proper form.




(2) Any minutes made of a meeting of a committee shall, if duly signedby the chairman presiding at the meeting, be admissible in evidence in alllegal proceedings without further proof.

(3) Every meeting of a committee in respect of the proceedings of which

minutes have been made in accordance with subparagraphs (1) and (2) shallbe deemed to have been duly convened and held and all members thereat tohave been duly qualified to act.

(4) A committee shall cause copies of the minutes of all its meetings tobe submitted to the Council as soon as may be practicable.

Validity of acts and proceedings

9. No act or omission done or proceedings taken by any committee underthis Act shall be questioned or invalidated on the ground of—

(a) any vacancy in the membership of, or any defect in the constitutionof, the committee;

(b) a contravention by any member of the Council or committee of theprovisions of paragraph 6;

(c) the presence or participation of a member or person not entitled tobe present or participate; and

(d) any omission, defect or an irregularity not affecting the merit of thecase.

Procedure

10. Subject to this Act and any directions of the Council a committee mayregulate its own procedure.

Committee subject to directions of Council

11. A committee shall be subject to and act in accordance with any directiongiven to the committee by the Council.

Allowances

12. There shall be paid to the members of a committee such allowances andother expenses as the Chairman of the Council may determine.

Members of committee to devote time to business of the committee

13. Every member of a committee shall devote such time to the business of the committee as may be necessary to discharge his duties effectively.




third schedule

[Section 33]

1. Tourism Fund

2. Bumiputera Commercial and Industrial Community (BCIC) and SmallMedium Enterprises (SME) Leverage Fund

3. Heritage and Handicraft Fund

4. Real Estate Trust Fund

5. Poverty Fund

6. Biodiversity and Biotechnology Fund

act688 east coast economic region development council act 2008

Documents