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Perumahan Rakyat 1Malaysia Act 2012 [Act 739]

Part III

FUNCTIONS AND POWERS OF THE CORPORATION

17 Functions of the corporation

The corporation shall have all the following functions:

(a) to promote and implement policies relating to PR1MA development and PR1MA complexes;

(b) to plan, supervise and execute the design, construction and maintenance of PR1MA complexes in accordance with this Act and the policies set by the Federal Government from time to time;

(c) to manage and monitor or undertake PR1MA development;

(d) to collect, record and maintain data, information and statistic concerning PR1MA development and PR1MA complexes and to maintain data of eligible persons for the purpose of the allocation of PR1MA homes, and to use such data, information and statistics for the carrying out of its functions;

(e) to monitor, manage and regulate matters relating to the ownership and tenancy of PR1MA homes;

(f) within PR1MA complexes-

(i) to facilitate economic and social development including facilitating the development of educational facilities and the development of community clinics; and

(ii) to facilitate and undertake infrastructure and commercial development including facilitating and undertaking the development of sports and recreational facilities;

(g) to develop and propose assistance programmes for eligible persons to enable eligible persons to purchase or rent PR1MA homes;

(h) to conduct forums, seminars or awareness programmes in relation to PR1MA development and PR1MA complexes;

(i) to manage and monitor the quality, supply and demand of PR1MA complexes including-

(i) the approval of developers who wish to participate in PR1MA development;

(ii) the allocation of PR1MA homes to eligible persons; and

(iii) the direct-sourcing and manufacturing of raw materials for the purpose of PR1MA development;

(j) to promote, facilitate and implement the use of new technology as well as green technology for PR1MA complexes;

(k) to conduct or fund inquiries, researches, assessment and studies and carry out surveys, collation or analysis in order to obtain data, information and statistic as well as factors influencing or relevant to PR1MA development and PR1MA complexes and to disseminate such data,
information, statistic and factors;

(l) to provide advisory services in relation to PR1MA development and PR1MA complexes;

(m) to recommend to the Government Entities strategies, directions, policies, laws and actions to be applied to PR1MA development and PR1MA complexes, including recommendations of any review of current policies, laws and actions to ensure the policies and objectives of PR1MA development and PR1MA complexes are met;

(n) to advise the Minister and Government Entities on all matters relating to PR1MA development and PR1MA complexes;

(o) to promote, manage and monitor the participation and investment of private sector in PR1MA development and PR1MA complexes, including to recommend to the Government Entities incentives in relation to taxes, customs and excise duties and other fiscal incentives applicable to such participation and investment; and

(p) to carry out any other functions conferred by or under any written law and to perform any other functions that are supplemental, incidental, or consequential to any of the functions specified in this section.

18 Powers of the Corporation

(1) The Corporation shall have the power to do all things necessary or expedient for or in connection with the performance of its functions under this Act or any other written law.

(2) Without prejudice to the generality of subsection (1), the powers of the Corporation shall include the power-

(a) to carry on all activities which appear to the Corporation to be requisite, advantageous or convenient for or in connection with the performance of its functions;

(b) to co-operate or act in association with any Government Entity or person, whether local or foreign;

(c) to require-

(i) Government Entities to give such assistance and submit such information in their possession as may be required by the Corporation in order for the Corporation to carry out its functions; and

(ii) persons engaged in carrying out or intending to carry out PR1MA development to submit reports, containing such particulars and information as may be specified by the Corporation, regarding their activities or proposed activities in relation to PR1MA development;

(d) subject to Part VI-

(i) to co-ordinate with the Government Entities in relation to PR1MA development;

(ii) to make recommendations to and assist the Government Entities where PR1MA development is undertaken in relation to local government functions and services of the local government, including local planning control and the regulation and control of buildings and building operations, design and appearance of PR1MA complexes; or

(iii) to co-operate with or act as authorized agent of, or otherwise act in association with or on behalf of, any Government Entity or any person, in relation to PR1MA complexes;

(e) subject to any written law, to undertake commercial activities, including to sell, lease or rent the whole or any portion of land allocated for PR1MA development and building space, parking lots or billboards within PR1MA complexes;

(f) to directly or indirectly approach, liaise with, and disseminate relevant information to-

(i) any investor or potential investor, whether local or foreign, in order to promote investment in PR1MA development; and

(ii) any financier or potential financier, whether local or foreign, for the purpose of developing or proposing assistance programmes for eligible persons;

(g) to directly approach, liaise with, and contract with suppliers of raw materials, finished goods or machinery either locally or overseas and manufacture materials relating to construction works either by itself or jointly with other manufacturer, in order to optimize the costs of construction works relating to PR1MA complexes;

(h) to appoint, employ and pay agents, technical and financial advisers, including advocates and solicitors, bankers, experts or consultants and other persons, as the Corporation thinks fit to transact any business or to do any act required to be transacted or done in the performance of its functions;

(i) to impose fees, costs, levies or any other charges as it deems fit for services rendered by it;

(j) to formulate and implement human resource development and funding and co-operation programmes for the proper and effective performance of its functions; and

(k) to do anything incidental to any of its functions and powers.

19 Additional functions and powers of the Corporation

(1) In addition to the functions conferred and powers vested in the Corporation by this Act, the Corporation may undertake such other functions, exercise such other powers and expend such other moneys for such purposes as the Federal Government may assign or give to it, and in so doing, the Corporation shall be deemed to be fulfilling the purposes of this Act, and the provisions of this Act shall apply to the Corporation in respect of the undertaking of such functions, the exercise of such powers and the expending of such moneys.

(2) The moneys expended for the purposes assigned or given to the Corporation under subsection (1) shall be kept separate and apart from those of the PR1MA Corporation Malaysia Fund and Eligible Persons' Assistance Fund.

20 Delegation of functions and powers of the Corporation

(1) The Corporation may, in writing, delegate any of its functions and powers, except its power to borrow money, to raise loans or to make rules, to-

(a) the Chairman of the Corporation;

(b) a member of the Corporation;

(c) the Approvals and Implementation Committee;

(d) a committee;

(e) an employee of the Corporation; or

(f) a body corporate established by the Corporation.


(2) Without prejudice to subsection (1) and the other provisions of this Act, the Corporation may delegate to a member of the Corporation, the Approvals and Implementation Committee, a committee, or an employee of the Corporation or a body corporate established by the Corporation, as the case may be, the authority to sanction expenditure from the PR1MA Corporation Malaysia Fund or the Eligible Persons' Assistance Fund or any other moneys vested in and under the control of the Corporation up to such limit as the Corporation shall specify.

(3) A member of the Corporation, the Approvals and Implementaion Committee, committee, an employee of the Corporation or a body corporate delegated with such function or power under subsection (1) or (2) shall be bound to observe and have regard to all conditions and restrictions imposed by the COrporation and all requirements, procedures and matters specified by the Corporation.

(4) Any function or power delegated under this section shall be performed and exercised in the name and on behalf of the Corporation.

(5) A delegation under this section shall not preclude the Corporation itself from performing or exercising at any time any of the delegated functions or powers.

21 Direction by Minister

(1) The Corporation shall be responsible to the Minister.

(2) The Minister may give to the Corporation directions of a general character, consistent with the provisions of this Act, relating to the performance of the functions and the exercise of the powers of the Corporation and the Corporation shall give effect to such directions.

22 Returns, reports, accounts and information

(1) The Corporation shall furnish to the Minister, and any public authority as may be specified by the Minister, such returns, reports, accounts and information with respect to its activities and finances as the Minister may, from time to time, require or direct.

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

(3) The returns, reports, accounts and information shall be in such form and shall contain such information relating to the proceedings and policy of the Corporation and any other matter as the Minister may, from time to time, specify.

23 Corporation may establish and participate in bodies corporate

The Corporation may, from time to time, with the approval of the Minister and the concurrence of the Minister responsible for finance, establish and participate in any body corporate by such name as the Corporation may determine to carry out and have the charge, conduct and management on behalf of the Corporation of any project, scheme or enterprise as may be determined by the Corporation in the performance of its functions or in the exercise of its powers.


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