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There is hereby established a body corporate by the name of Lembaga Pembangunan Industri Pembinaan Malaysia which shall have perpetual succession and a common seal, which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with any movable or immovable property or any interest therein vested in the Lembaga upon such terms as it deems fit.
Functions of the Lembaga 4. Membership of the Lembaga 5. Public servants 6. All members, officers and servants of the Lembaga, while discharging their duties as such members, officers and servants, shall be deemed to be public servants within the meaning of the Penal Code [Act ]. Power of the Minister to give directions 7.
The Lembaga shall be responsible to the Minister, and the Minister may, from time to time, give directions not inconsistent with this Act and the Lembaga shall, as soon as possible, give effect to all such directions.
Returns, reports, accounts and information 8. Power of the Lembaga to establish committees 9. Chief Executive Officer Appointment of officers and servants of the Lembaga 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.
Regulations with respect to discipline Conservation of the Fund It shall be the duty of the Lembaga to conserve the Fund by so performing, exercising and discharging its funtions, 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.
The Fund shall be expended for the purposes of a paying any expenditure lawfully incurred by the Lembaga, including 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; b paying any other expenses, costs or expenditure properly incurred or accepted by the Lembaga in the performance of its functions and powers under section 4; c repaying any moneys borrowed under this Act and the interest due thereon; and d generally, paying any expenses for carrying into effect this Act.
Expenditure and preparation of estimates Power to grant loans In the performance of its functions, the exercise of its power 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 any particular case.
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.
Power to employ The Lembaga may employ and pay agents and technical advisers, including advocates and solicitors, bankers, fund managers, 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.
Power to establish corporations The Lembaga shall keep and maintain a Register which shall contain the names, business addresses and other particulars of contractors who are registered as registered contractors. Notice to require particulars Penalty for failure to comply with notice A person who a fails to comply with the requirements of a notice issued under section 27; or b knowingly or recklessly furnishes or causes to be furnished any false particulars on any matter specified in the notice issued under section 27, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit and, in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.
A person who undertakes to carry out or carries out and completes any construction works without being registered as a registered contractor with the Lembaga shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.
Notice to unregistered contractor to stop construction works Registered contractor subject to this Act Every registered contractor shall be subject to this Act. Lembaga Pembangunan Industri Pembinaan Malaysia 21 3 The Minister may, from time to time, by an order published in the Gazette, add to, delete from, vary or amend the Third Schedule. Register The Lembaga shall keep and maintain a Register which shall contain the names, addresses, trades, skills and other particulars of the accredited skilled construction workers and construction site supervisors.
Power to make regulations Conduct of prosecution General penalty Any person who by any act or omission contravenes any provision under this Act or any regulations made thereunder shall be guilty of an offence and where no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding five thousand ringgit. Power to exempt Lembaga Pembangunan Industri Pembinaan Malaysia 25 2 The Minister may at any time by order published in the Gazette revoke any order made under subsection 1 if he is satisfied that the exemption should no longer be granted.
Transitional and saving provision Vacation of office 2. There may be paid to members of the Lembaga or any person not being an officer or servant of the Lembaga who is within the ambit of the provisions of this Act relating to the terms and conditions of service applicable to his case such remuneration or allowance as the Minister may determine.
Meetings 4. Lembaga may invite others to meetings 5. The Lembaga may invite or request any person not being a member of the Lembaga to attend any meeting or deliberation of the Lembaga for the purpose of advising it on any matter under discussion but any person so attending shall have no right to vote at the said meeting or deliberation.
Common seal 6. A member of the Lembaga having, directly or indirectly, by himself or his partner, an interest in any company or undertaking with which the Lembaga proposes to make a contract or having an interest in any such contract or in any matter under discussion by the Lembaga shall disclose to the Lembaga the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the Lembaga and, unless specifically authorized thereto by the Chairman, such member shall take no part in the deliberation or decision of the Lembaga relating to the contract or matter.
Minutes 8. Validity of acts and proceedings 9. No act done or proceeding taken under this Act shall be questioned on the ground of a any vacancy in the membership of, or any defect in the constitution of, the Lembaga; b the contravention by any member of the Lembaga of the provisions of paragraph 7; or c any omission, defect or irregularity not affecting the merits of the case.
The Lembaga shall, with the approval of the Minister, on or before the date on which any corporation is established under section 24, make regulations in respect of such corporation defining a the purposes and objects for which the corporation is established; b the rights, powers, duties and functions of the corporation; c the system of management thereof; and d the relations between the corporation and the Lembaga and the Lembagas rights of control over such corporation.
Limitation on power to establish corporation 2. Nothing in paragraph 1 shall be deemed to authorize the Lembaga to make regulations to establish any corporation for any purpose or object more extensive in scope than the purposes or objects for which the Lembaga has been constituted or to confer on any corporation any right, duty, power or function which is not within the rights, duties, powers or functions of the Lembaga under this Act.
Effect of regulations 3. Subject to the provisions of this Act and of any regulations made under section 38, any regulations made under paragraph 1 shall be binding on the corporation in respect of which they were made and shall have effect for all purposes as if they had been enacted in this Act. Amendment of regulations 4.
The Lembaga may at any time, with the approval of the Minister, amend, revoke or add to any regulations made under paragraph 1 in respect of any corporation. Register of corporations 5. The Lembaga shall keep a register in the prescribed form of all corporations established by it under section 24 and such register, together with copies of all regulations made under paragraphs 1 and 4, shall be open to public inspection at such place or places and at such time as it may prescribe.
Corporation to be bodies corporate 7. Every corporation established under section 24 shall be a body corporate by such name as the Lembaga shall give to it and shall have perpetual succession, and a common seal and may sue and be sued in such name and, for the purpose of carrying into effect the project, scheme or enterprise for which it has been established, may enter into contracts and may hold and deal in or with any immovable or movable property and may do all other matters and things incidental or appertaining to a body corporate not inconsistent with the provisions of this Act and subject to such restrictions or limitations as may be prescribed by the Lembaga in each case.
Common seal of corporations 8.
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