This Enactment may be cited as the Selangor State Development Corporation Enactment 1964.

In this Enactment, unless the context otherwise requires—

“Chairman” means the Chairman of the Corporation and includes the Deputy Chairman and any temporary Chairman appointed under section 4 or 7;

“Corporation” means the Selangor State Development Corporation established under section 3;

“member” or “member of the Corporation” means any member of the Corporation appointed under subsection 4(1);

“Minister” means the Prime Minister of Malaysia or such Minister as may be nominated by him.

A body corporate by the name of the “Selangor State Development Corporation” is established.

The Corporation shall have perpetual succession and may sue and be sued in its name.

Subject to and for the purposes of this Enactment, the Corporation may, upon such terms as the Corporation deems fit—

(a) enter into contracts;

(b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and

(c) 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 vested in the Corporation.

The Corporation shall consist of—

(a) a Chairman, who shall be the person for the time being holding the office of Menteri Besar, Selangor;

(b) a Deputy Chairman, who shall be the person for the time being holding the office of State Secretary, Selangor;

(c) two ex officio members, who shall be the persons for the time being holding the offices of State Financial Officer and State Engineer, Selangor;

(d) not more than five other members to be appointed by the Ruler in Council from amongst persons appearing to him to be qualified as having wide experience of and proven capacity in matters relating to banking, manufacturing, housing, commerce, finance, professional or administration, or to be otherwise suitable for appointment by virtue of their special knowledge and experience; and

(e) three representatives of the Federal Government appointed by the Minister.

Where the members appointed under paragraph (1)(a),
(b), (c) and (d) exceed six in the case of appointments made before the 6 February 1981 such members shall continue to be members until their respective terms of appointment expire or for not longer than one year from the 6 February 1981, whichever period comes sooner.

A member of the Corporation appointed under paragraph 4(1)(d) shall, unless he sooner resigns or has his appointment revoked, hold office for a term not exceeding two years and shall be eligible for reappointment.

If a member of the Corporation appointed under paragraph 4(1)(d) resigns or has his appointment sooner revoked, another person may be appointed to replace him for the remainder of the term of the member replaced.

A member of the Corporation may be reappointed upon the expiry of his term of office.

The Ruler in Council may at any time revoke the appointment of any member of the Corporation other than those mentioned in paragraphs 4(1)(a), (c) and (e), if he thinks it expedient so to do, without assigning any reason for the revocation.

Any member of the Corporation appointed under paragraph 4(1)(d) may resign his office by notice in writing under his hand given to the Chairman.

The Ruler in Council may appoint any member of the Corporation to be a temporary Chairman of the Corporation during the temporary incapacity through illness or during the temporary absence of the Chairman or Deputy Chairman of the Corporation from Malaysia.

If any member of the Corporation, other than the Chairman, or an ex officio member, is temporarily absent from Malaysia or temporarily incapacitated through illness or any other sufficient cause for the performance of his duties as a member of the Corporation, another person may be appointed in his place by the Ruler in Council but shall hold office only during such absence or incapacity of such member.

The following persons shall be disqualified from being appointed or being members of the Corporation:

(a) a person who is of unsound mind or is otherwise incapable of performing his duties;

(b) a bankrupt; or

(c) a person who has been guilty of an offence involving fraud, dishonesty or moral turpitude.

A member of the Corporation shall vacate his office if
he fails to attend three consecutive meetings of the Corporation without permission in writing of the person charged with the responsibility for the general administration of the Corporation or if he becomes disqualified under subsection (1).

The Corporation shall have a common seal which shall bear such device as the Corporation may approve and such seal may from time to time be broken, changed, altered and made anew by the Corporation, as the Corporation thinks fit.

Until a seal is provided by the Corporation under this section a stamp bearing the inscription “Selangor State Development Corporation” may be used as the common seal.

The common seal, or stamp referred to in subsection (2) so long as it is used as the common seal, shall be in the custody of the Chairman.

All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal or stamp of the Corporation in the presence of the Chairman and of a member or an officer of the Corporation authorized by the Corporation to act in that behalf, who shall sign any such deed, document or other instrument to which such seal or stamp is affixed.

Such signing shall be sufficient evidence that such seal
or stamp was duly and properly affixed and that the same is or is used as the lawful seal of the Corporation.

The seal or stamp of the Corporation shall be officially
and judicially noticed.

The Corporation shall meet at least once in each year for the purpose of considering, in addition to any other business of which due notice shall have been given, the annual budget for the next ensuing year.

The Chairman may at any time call a meeting of the
Corporation and shall, upon the written request of not less than three members of the Corporation, call a special meeting within one month of the date of such request.

Minutes in proper form of each meeting of the Corporation shall be kept and shall be confirmed and signed by the Chairman as soon as practicable at a subsequent meeting.

The Corporation may invite any person to attend any
particular meeting of the Corporation for the purpose of assisting or advising the Corporation but such invited person shall have no right to vote.

The quorum for any meeting of the Corporation shall be at least half of the members of the Corporation with at least one member being a representative of the Federal Government being present,

Provided that the quorum shall be at least two-thirds with at least one member who is a representative of the Federal Government being present where the meeting deliberates or decides on matters referred to in section 23.

If on any question to be determined by the Corporation
there is an equality of votes, the person presiding at such meeting shall have a casting vote.

Subject to subsections (1) and (2), the Corporation may
determine its own procedure.

Subject to subsection (2), no member of the Corporation shall have any interest, directly or indirectly, personally or through relatives, financial or otherwise in any scheme, project, enterprise or contract undertaken or which is proposed to be undertaken by the Corporation or in any matter under discussion by the Corporation.

Where any member of the Corporation has an interest as referred to in subsection (1), he shall immediately cease to be such a member of the Corporation.

Subsections (1) and (2) shall not apply to a member in
respect of his interest in a company or other body to which he has been nominated by the Corporation to be its representative and where the Corporation or other body is under the control or partial control of the Corporation.

Subject to the provisions of this Enactment and any rules made under this Enactment, the Corporation may by resolution delegate to any member, officer or servant of the Corporation or to any committee consisting of two or more such members, officers or servants of the Corporation, the power and authority
to carry out on its behalf such duties, powers or functions as the Corporation may determine.

The Corporation may, at the time of delegating the power or authority under subsection (1) to any member, officer or servant of the Corporation, or committee, or at any time thereafter, give directions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke, modify or increase such delegation.

Subject to subsection (2), the Corporation may by resolution delegate to any member, officer or servant of the Corporation or to any committee consisting of two or more such members, officers or servants of the Corporation, authority to sanction expenditure, up to such limit as the Corporation shall in each case prescribe, from the Fund or of any other money under the control of the Corporation.

No resolution to delegate any duty, power or function
under this section shall be valid unless at least five members of the Corporation vote in favour of the resolution.

Subject to the provisions of this Enactment and any
rules made under this Enactment, the Chairman may delegate in writing to any member, officer or servant of the Corporation, the power and authority to carry out on his behalf his duties, powers or functions as he may determine.

The Chairman may, at any time of delegating the power or authority under subsection (1) to any member, officer or servant of the Corporation, or at any time thereafter, give directions as to the manner in which such delegated power or authority is to be exercised and may at any time revoke, modify or increase such delegation.

The Corporation shall be subject to any direction of the Minister.

The Corporation may on the direction of the Minister—

(a) perform any function of an authority of the Federation; and

(b) permit the executive authority of the Federation to extend to the Corporation.

The assets of the Corporation may in so far as they are
not required to be expended by the Corporation, be invested in such manner as may be approved by the Minister of Finance.

The Corporation may appoint or employ such other officers and servants as may be reasonably necessary for the purposes of this Enactment.

(a) The officers and servants of the Corporation shall be under the administrative control of a Chief Executive of the Corporation;

(b) Neither the Chairman nor the Deputy Chairman of the Corporation shall be the Chief Executive of the Corporation.

All members, officers and servants of the Corporation shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

An officer or servant of the Corporation shall not make use of any information acquired by virtue of his position as an officer or servant of the Corporation to gain directly or indirectly an improper advantage for himself or for any other person or to cause detriment to the Corporation.

The Corporation may, with the approval of the Minister charged with the responsibility for internal security, establish a security force for keeping order and security within any premises vested or deemed to be vested in, or in the possession or under the control of the Corporation.

The security force shall consist of such persons as may be appointed under subsection 16(1).

A member of the security force shall have the power to
arrest without warrant any person found on any premises of the Corporation or in premises in the possession of or under the control of the authority or any part thereof, without lawful excuse.

Every person arrested pursuant to subsection (3) shall be taken to the nearest police station as soon as possible.

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Corporation or against any member, officer, servant or agent of the Corporation in respect of any act, neglect or default done or committed by the Corporation or such person in such capacity.

It shall be the duty of the Corporation—

(a) to promote residential, industrial and commercial development of areas in the State designated for this purpose;

(b) to do all such other matters and things as are necessary for the exercise or performance of all or any of the functions and duties of the Corporation;

(c) to act as a local authority in areas outside local authorities if so authorized in accordance with any written law;

(d) to promote, stimulate, facilitate and undertake industrial, social, commercial and economic development and activities in the State of Selangor; and

(e) to promote, stimulate, facilitate and undertake agricultural development or housing development in the State of Selangor.

The Corporation may, with the approval of the Ruler in
Council, designate from time to time any area within the State of Selangor, other than the Federal Capital and local authority areas to be a Development Area.

Notwithstanding any written law for the time being in
force, the Corporation shall act in such capacity as it may be designated by the Ruler in Council in such Development Area for the purposes of such written law and the provisions of such law shall have effect accordingly.

Subject to this Enactment, the Corporation may—

(a) purchase, exchange, lease and hold land, buildings and other immovable property;

(b) build houses, flats, tenements, shops and shop houses, convert any house, shop or shop houses into flats or tenements;

(c) purchase, exchange, lease and hold land for the purpose of development and resale to the public as building lots, and for the purpose of providing open spaces and recreation grounds;

(d) do any work on land necessary for the purpose of its development, as building land;

(e) sell land, buildings or other immovable property;

(f) lease to other persons under the provisions of any law in force in the State relating to land or dealings in land, from month to month or otherwise, any land or buildings or other immovable property at such rent and subject to such terms and conditions as the Corporation thinks fit;

(g) enter into contracts with other persons that such
persons should build or do any work on behalf of the
Corporation;

(h) enter into any contract or do any other act or matter necessary and proper for carrying into effect the purposes of this Enactment;

(i) vest in any local authority such property of the Corporation as the Ruler in Council may determine;

(j) carry on and undertake all activities of an industrial, social, commercial and economic nature, the carrying on and undertaking where it appears to the Corporation to be requisite or advantageous for or in connection with the discharge of any of its duties;

(k) carry on and undertake any such activities either alone or in association with other bodies or persons;

(l) do all actions and things which the Corporation considers desirable or expedient;

(m) undertake such other functions and administer and expend such other monies for such purposes as the Minister or the Ruler in Council or any statutory authority may assign to it not inconsistent with the provision of this Enactment or any law passed by Parliament; and

(n) carry on and undertake all activities of agricultural or housing development in urban and rural areas.

The Corporation shall not, without the prior written
consent of the Minister of Finance unless he gives a general or specific direction on the matter—

(a) establish or promote the establishment or expansion of companies or other bodies to carry on activities either under the control or partial control of the Corporation itself or independently;

(b) give financial assistance to any company, other statutory authority, any body or person by the taking up of shares or debentures or by way of any loan, advance, grant or otherwise;

(c) purchase, underwrite or otherwise acquire any stock and shares in any public or private company; or

(d) borrow money or enter into any guarantee involving financial liability.

Where the Corporation exercises its power under paragraph (1)(a) or where it already has control or partial control of a company or other body, the members of the management of the company or other body shall comprise not less than one member or one officer of the Corporation.

In giving any consent under subsection (1), the Minister of Finance may impose such terms and conditions as he deems fit.

No statutory authority shall be established by the Corporation either under the law establishing the Corporation or under any other law.

The Corporation may from time to time stand as a guarantor for any person who takes a loan from any bank, other financial institution or any licensed borrowing company for the purchase of any land, house, flat, tenement, shop, shop house or any other
building from the Corporation.

The Corporation may secure the repayment of any sum
borrowed, by the mortgage or charge, legal or equitable, of any property vested in the Corporation, or of any revenue receivable by the Corporation under this Enactment or any other written law.

The Corporation may grant loans or advance out of the
funds of the Corporation to any person for the purpose of enabling or assisting such person to purchase immovable property for the purpose of building houses or to construct or alter buildings or to do any work necessary for the development of any land as building land for the purpose of housing.

Every loan or advance under subsection (1), shall be granted upon the security of titles in perpetuity of land or leases of land (other than mining leases) for a term whereof fifty years at least is unexpired at the time of such loan or advance and such security shall be by way of a charge.

No loan or advance shall be made under this section upon the security of property subject to a prior charge.

The funds of the Corporation shall consist of—

(a) such sums as may from time to time be paid to the Corporation out of the general revenues of the State of Selangor, or donated by the Federal Government or the Government of Selangor or any Government in the Federation or by any other person for the purposes of the Corporation;

(b) such sums as may from time to time be raised by the Corporation by loan;

(c) all rents and proceeds of sale and other funds derived by the Corporation directly or indirectly from the property belonging to the Corporation; and

(d) all such other sums as may from time to time be paid to the Corporation.

The funds of the Corporation may be applied in defraying the following charges:

(a) the expenses and allowances of the members;

(b) the salaries, fees or remuneration of the officers, agents and servants, and technical or other advisers of the Corporation;

(c) all cost, charges and expenses of and incidental to the exercise of the powers of the Corporation under this Enactment;

(d) interest on any loan raised by the Corporation;

(e) sums required for the repayment of moneys borrowed;

(f) such sums as it may be deemed appropriate to set
aside in respect of depreciation on the property of the Corporation;

(g) any other architect, management and agency fees; and

(h) any other expenditure authorized by the corporation and properly chargeable to revenue account.

The assets of the Corporation may, in so far as they are not required to be expended by the Corporation, be invested in such manner as may be approved by the Ruler in Council and the Minister of Finance.

All monies paid to the Corporation shall immediately be paid into an account in such bank or banks as may be approved by the Corporation.

All orders or cheques against the said account shall be signed by the Chairman and a member or an officer of the Corporation authorized by the Corporation.

The expenditure of the Corporation shall be defrayed
out of monies in the funds of the Corporation in accordance with such estimates as may be authorized in subsection (2).

Before the beginning of July of each year, the Corporation shall submit to the Menteri Besar an estimate of the expenses for the following year in such form and with such particulars as the Menteri Besar may require.

The Menteri Besar shall, before the beginning of September of each year, notify the Corporation of the amount authorized for each description of expenditure as referred to in subsection (1).

The Corporation may at any time submit to the Menteri Besar a supplementary estimate for any one year and the Menteri Besar may allow the whole or any part of the additional expenditure included in the supplementary estimate.

The Corporation shall keep proper accounts and other
records of the Corporation’s transactions and affairs in accordance with the general accepted accounting principles.

The Corporation shall do all things necessary to ensure that all income are properly accounted for and that all expenditures out of its fund, including payments in respect of salaries, remuneration and other monetary benefits to its members and employees, are properly authorized and that adequate control is maintained over the asset, or in the custody of, the Corporation and over the incurring of any liability by the Corporation.

In order to accomplish the objective of subsections (1) and (2), the Corporation shall observe any regulations that may be made by the Minister of Finance in respect of matters detailed in subparagraph 16(2) of the Second Schedule of the Incorporation (State Legislatures Competency) Act 1962 [Act 380].

The Corporation shall have a financial year beginning on 1 January.

The accounts shall be audited annually by the Auditor
General or other auditor appointed by the Corporation with the approval of the Minister of Finance.

The Corporation shall, within six months after the end of each financial year, have its accounts audited and transmitted to the Minister together with a copy of any observations made by the Auditor General or the auditor appointed under subsection (5) on any statement or on the accounts of the Corporation and a copy of the annual report referred to in section 33.

The Menteri Besar shall cause a copy of every such
statement together with a copy of any observations made by the Auditor General or the auditor appointed under subsection (5) on any statement or on the accounts of the Corporation and a copy of the annual report referred to in section 33 to be laid on the table of the Legislative Assembly of the State of Selangor at the next meeting of the Legislative Assembly.

The Corporation shall, not later than 30 June after each financial year, cause to be made and transmitted to the Minister and the Menteri Besar a report dealing with the activities of the Corporation during the preceding year.

A copy of every such report shall be laid before the Legislative Assembly of the State of Selangor.

The Corporation may employ and pay agents and technical advisers, including solicitors, bankers, stockbrokers, surveyors, valuers or other persons, to transact any business or to do any act required to be transacted or done in execution of the duties of the
Corporation or for the better carrying into effect the purposes of this Enactment and may pay all charges and expenses incurred.

(Omitted)

The Ruler in Council may by order published in the
Gazette direct that the Corporation shall be wound up and dissolved.

Upon the dissolution of the Corporation, the assets of the Corporation shall, after payment of all liabilities, be disposed of in such manner as the Minister may, after consulting with the State Authority, determine.

The Corporation may, with the approval of the Minister after his consultation with the Menteri Besar, make regulations for the better carrying out of this Enactment not inconsistent with the Second Schedule of the Incorporation (State Legislatures Competency) Act 1962.

The State Authority may make rules for any other purposes not inconsistent with the Second Schedule of the Incorporation (State Legislatures Competency) Act 1962.

(Omitted)