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Perumahan Rakyat 1Malaysia Act 2012 [Act 739]

Part VI

CO-ORDINATION WITH GOVERNMENT ENTITIES

36 Principal co-ordinating agency

(1) The Corporation shall, in co-ordinating the performance of the activities carried out in relation to PR1MA development and PR1MA complexes-

(a) act as a principal co-ordinating agent or authorized agent on behalf of the Government Entities in relation to receiving, processing and expediting the requisite Approvals and administrative actions in connection with applications for Approvals in respect of which the Corporation has entered into an agreement or arrangement under section 38; and

(b) render administrative services and assistance to the Government Entities in connection with matters relating to land where PR1MA development is undertaken.


(2) The Corporation may, in carrying out the role under paragraph (1)(a)-

(a) impose on the applicant for the Approvals such fees, costs, levies or any other charges as may be prescribed in respect of services rendered by the Corporation; and

(b) on behalf of the Government Entities, collect from the applicant for the Approvals such fees, costs, levies or any other charges as may be lawfully required by such Government Entities in connection with the applications.

37 Approvals and Implementation Committee

(1) There shall be established an Approvals and Implementation Committee for each State where PR1MA development is undertaken which shall consist of the following members:

(a) the Chief Secretary to the Government of Malaysia as Chairman;

(b) a senior representative of the State;

(c) a senior representative of the ministry responsible for finance;

(d) a senior representative of the ministry responsible for housing and local government;

(e) a senior representative of the ministry responsible for land;

(f) a senior representative of the ministry responsible for energy and water;

(g) the President or Commissioner or Mayor of the local authority;

(h) the State Planning Director of the State or in the case of the Federal Territory, the Commissioner appointed under the Federal Capital Act 1960 [Act 190];

(i) the State Director of the Department of Lands and Mines; and

(j) not more than five such other members as may be appointed by the Corporation.


(2) An alternate member may be appointed-

(a) for the Chairman of the Approvals and Implementation Committee, by the Chairman of the Approvals and Implementation Committee; and

(b) for a member of the Approvals and Implementation Committee other than the Chairman of the Approvals and Implementation Committee, by the other members of the Approvals and Implementation Committee,


if he is, for any reason, unable to attend meetings of the Approvals and Implementation Committee.

(3) When attending meetings of the Approvals and Implementation Committee, an alternate member shall for all purposes be deemed to be a member of the Approvals and Implementation Committee.

(4) The Approvals and Implementation Committee shall be responsible for-

(a) reviewing all applications for Approvals required in relation to any PR1MA development;

(b) co-ordinating the roles and obligations of all Government Entities to facilitate and expedite the Approvals which has been reviewed under paragraph (a) and the implementation of the proposed PR1MA development;

(c) taking or recommending appropriate steps and administrative actions to resolve any difficulties or issues arising from the Approvals process as highlighted by the Corporation;

(d) reviewing the status of the implementation of such proposed PR1MA development; and

(e) providing any other assistance as may be required by the Corporation in relation to PR1MA development.


(5) In undertaking its role as provided under subsection (4), the Approvals and Implementation Committee shall take into consideration the objective of the Corporation and national interest.

(6) The Approvals and Implementation Committee may regulate its own procedures.

(7) The meetings of the Approvals and Implementation Committee shall be held at such times and places as the Chairman of the Approvals and Implementation Committee may determine.

(8) The Approvals and Implementation Committee shall cause-

(a) minutes of all its meetings to be maintained and kept in proper form; and

(b) copies of the minutes of all its meetings to be submitted to the Corporation as soon as practicable.


(9) Any minutes made of a meeting of the Approvals and Implementation Committee shall, if duly signed by the Chairman of the Approvals and Implementation Committee, be admissible in evidence in all legal proceedings without further proof.

(10) Every meeting of the Approvals and Implementation Committee in respect of the proceedings of which minutes of the proceedings have been made in accordance with subsection (8) shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act.

(11) The members of the Approvals and Implementation Committee may be paid such allowances and other expenses as the Corporation may determine.

(12) 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 Approvals and Implementation Committee; or

(b) any omission, defect or an irregularity not affecting the merit of the case.

38 Arrangements with Government Entities

(1) Subject to subsection (2), the Corporation may enter into an agreement or arrangement with any Government Entity concerning-

(a) the carrying out by the Corporation and the Government Entity of any of their respective functions and powers;

(b) the carrying out or provision by the Corporation for the Government Entity, or by the Government Entity for the Corporation, of any works or services in relation to PR1MA development and PR1MA complexes; or

(c) the collection by the Corporation on behalf of the Government Entity of such fees, costs, levies or any other charges as may be lawfully required, charged or imposed by such Government Entity.


(2) Any agreement or arrangement entered into under subsection (1) shall be-

(a) with the consent of the Minister in charge of the relevant Government Entity of the Federal Government in the case of a Government Entity of the Federal Government;

(b) with the consent of the relevant State Government in the case of a Government Entity of a State; and

(c) subject to and in accordance with the laws governing the powers and functions of the Government Entity.

39 Responsibility of Government Entities

A Government Entity shall-

(a) co-operate with and assist the Corporation in the performance by the Corporation of its functions under this Act;

(b) where relevant, refer and utilise the data, information and statistic as well as factors disseminated by the Corporation in the performance of its functions and duties, in the exercise of its powers, and in the carrying out of its activities in relation to PR1MA development and PR1MA complexes; and

(c) give due consideration to proposed policies, laws and actions to be applied to PR1MA development and PR1MA complexes as recommended by the Corporation under this Act.



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