Schedule7
Act 231
An Act to establish the Highway Authority Malaysia to supervise and execute the design, construction, regulation, operation and maintenance of highways, to impose and collect tolls, to enter into contracts and to provide for matters connected therewith.
[24 October 1980, P.U.(B) 531/1980]
BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan
Agong with the advice and consent of the Dewan Negara and Dewan
Rakyat in Parliament assembled, and by the authority of the same, as follows:
PART I
PRELIMINARY
Short title, commencement and application
1. (1) This Act may be cited as the Highway Authority Malaysia
(Incorporation) Act 1980.
(2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.
(3) This Act shall apply throughout Malaysia.
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Interpretation
2. In this Act, unless the context otherwise requires—
“Authority” means the Highway Authority Malaysia established under section 3;
“Chairman” means the Chairman of the Authority and includes any person exercising the functions of chairman temporarily;
“Director General” means the Director General of the Highway
Authority Malaysia as appointed under section 8;
“Fund” means the Highway Authority Malaysia Fund established under section 12;
“highway” includes all traffic lanes, acceleration lanes, deceleration lanes, shoulders, median strips, climbing lanes, overtaking lanes, tunnels, vehicular box culverts, gantries, lay-bys, ancillary facilities, amenities, bridges, overpasses, underpasses, interchanges, approaches, entrance and exit ramps, toll plazas, service areas, maintenance areas, highway furniture, signs signages and other structures and fixtures and any other areas adjacent thereto, under the control and management of the Authority;
“Minister” means the Minister charged with the responsibility for works;
“toll” includes any levy, due, or compensation to be paid to the
Authority for using the highway or any portion thereof, by vehicular or other traffic;
“user” means any person who drives or operates any vehicle on the highway;
“vehicle” has the meaning assigned to it in the *Road Transport Act 1987 [Act 333].
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*NOTE—Road Transport Act 1987 [Act 333] have replaced the Road Traffic Ordinance 1958
[Ord. 49 of 1958].
Highway Authority Malaysia (Incorporation) 9
PART II
ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY
Establishment of the Authority
3. (1) There shall be established a body corporate by the name of
“Highway Authority Malaysia” which shall have perpetual succession and a common seal and 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 movable and immovable property of every description and may convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Authority upon such terms as it deems fit.
(2) The Schedule shall apply to the Authority.
Composition of the Authority
4. (1) The Authority shall consist of the following members who shall be appointed by the Minister:
(a) a Chairman;
(b) a representative of the Ministry responsible for public works;
(c) the Secretary General of the Ministry responsible for finance or his representative;
(d) the Director General of the Economic Planning Unit or his representative;
(e) the Director General, Public Works Department, Peninsular
Malaysia or his representative; and
(f) the Director General.
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(2) The Minister may, in addition to the persons mentioned in subsection (1), appoint to be members of the Authority not more than four other persons to represent special interests in highways for a term not exceeding two years.
(3) Any member appointed under subsection (2), who ceases to be a member of the Authority shall be eligible for reappointment.
Alternate members
5. (1) The Minister may, in respect of each member of the Authority other than the Chairman appoint, on the nomination of the member, one person to be an alternate member to attend, in place of the member, meetings of the Authority that the member is for any reason unable to attend.
(2) When attending meetings of the Authority, an alternate member shall for all purposes be deemed to be a member of the Authority.
(3) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member for whom he is an alternate member ceases to be a member.
Temporary exercise of functions of Chairman
6. (1) The Minister may appoint any member of the Authority to exercise the functions of the Chairman during any period in which the
Chairman is for any reason unable to exercise his functions or during any period of vacancy in the office of Chairman and such member shall, during the period in which he is exercising the functions of
Chairman, be deemed to be the Chairman.
(2) Until an appointment is made under subsection (1) or in default of such appointment, the member appointed under paragraph 4(1)(b) shall exercise all the functions of and be deemed to be the Chairman.
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Quorum, voting and vacancies
7. (1) The quorum at all meetings of the Authority shall be four members present in addition to the Chairman.
(2) In the event of the votes on any question being equal the person presiding shall have a casting vote in addition to his deliberative vote.
(3) The Authority may act notwithstanding any vacancy in its membership.
Disclosure of interest
7A. (1) A member of the Authority or committee 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 by the
Authority or committee shall disclose to the Authority or committee, the fact of his interest and nature of that interest.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority or committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—
(a) shall not be present or take part in any discussion or decision of the Authority or committee, as the case may be, about the matter; and
(b) shall be disregarded for the purpose of constituting a quorum of the Authority or committee, as the case may be‚
when the matter is discussed or decided upon.
(3) The member of the Authority or committee who fails to disclose his interest as required under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
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(4) No act or proceedings of the Authority or committee shall be invalidated on the ground that any member of the Authority or committee has contravened this section.
(5) For the purposes of this section—
“a member of his family”, in relation to a member of the Authority or committee, includes—
(a) his spouse;
(b) his parent including a parent of his spouse;
(c) his child including an adopted child or stepchild;
(d) his brother or sister including a brother or sister of his spouse;
and
(e) a spouse of his child, brother or sister; and
“associate”, in relation to a member of the Authority or the committee, means—
(a) a person who is a nominee or an employee of the member;
(b) a firm of which the member or any nominee of his is a partner;
(c) a partner of the member;
(d) a trustee of a trust under which the member or a member of his family is a beneficiary; or
(e) any corporation within the meaning of the Companies Act 2016
[Act 777], 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.
Highway Authority Malaysia (Incorporation) 13
Appointment of officers and servants
8. (1) The Authority may appoint a Director General who shall be the chief executive officer of the Authority and such number of other officers or servants as it considers necessary for the purposes of this
Act.
(2) The appointment of the Director General shall be with the prior approval of the Minister.
(3) The Authority shall, before establishing or modifying any scheme of service for its officers or servants, including the terms and conditions of service, the salaries, allowances, and other remunerations payable, and other benefits, obtain the approval of the Minister and the concurrence of the Minister of Finance.
Duties of Director General
9. (1) The Director General shall—
(a) be responsible for implementing the policy decisions of the
Authority and for the general administration of its affairs;
(b) exercise supervision and control over all officers or servants, employed by the Authority; and
(c) perform such other duties as the Authority may from time to time determine.
(2) In discharging his duties, the Director General shall act under the general authority and directions of the Authority.
(3) The Authority may appoint temporarily any officer of the
Authority to act as the Director General for the period—
(a) when the office of the Director General is vacant;
(b) when the Director General is absent from duty or absent from
Malaysia; or
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(c) when the Director General is, for any other reason, unable to perform the duties of his office.
Public servants
10. All members, alternate members, officers and servants of the
Authority shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Functions and powers of the Authority
11. (1) The functions of the Authority are—
(a) to supervise and execute the design, construction and maintenance of highways as determined by the Federal
Government;
(b) to supervise and execute the design, construction and maintenance of rest and service areas and other facilities that may be deemed necessary along highways as determined by the Federal Government;
(ba) to advise the Federal Government on any matters relating to highways;
(bb) to formulate, implement and monitor the standard for highways;
(bc) to undertake the planning, design, construction, operation, management and maintenance of highways;
(bd) to improve the information management system relating to traffic on highways;
(be) to improve the infrastructure and facilities for highways;
(c) to collect toll from the users of highways and other dues from facilities along highways;
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(ca) to impose fees or any other charges for services rendered by the Authority as determined by the Minister;
(d) to plan and carry out research and studies on any matter relating to highways to ensure efficient utilization of highways and other facilities along highways; and
(e) to do anything incidental to any of its functions under this
Act.
(2) The Authority may, with the approval of the Minister, make such regulations as are reasonably necessary for, or expedient or incidental to, the discharge of its functions under subsection (1), and in particular, but without prejudice to the generality of the foregoing, such regulations may—
(a) provide for the construction, operation, management, care, regulation or protection of the Authority’s property or any highways constructed or reconstructed;
(b) provide for the types of vehicles permitted to use highways or parts thereof and the classification of such vehicles;
(c) provide for the regulation and control of traffic on highways;
(ca) prescribe the system and technology for the collection of tolls;
(cb) prescribe the standard for—
(i) the design, construction, management, operation and maintenance of highways;
(ii) management of accident and emergency on highways;
(iii) traffic surveillance and control system;
(iv) toll collection system; and
(v) other highway-related services;
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(cc) provide for the fees or any other charges in relation to services rendered by the Authority; and
(d) regulate any activities which falls within the scope of the functions of the Authority.
(3) The Authority shall have power to do all things reasonably necessary for, or expedient or incidental to, the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing—
(a) to establish a Highway Servicing and Surveillance Unit;
(b) to control ingress and egress along the highways; and
(c) to set up committee to study and report on any matter the
Authority may specify and to determine their terms of reference and the allowance of their members.
PART III
FINANCE, REPORT AND MINISTERIAL SUPERVISION
Highway Authority Malaysia Fund
12. (1) The Authority shall establish and administer a fund called the
“Highway Authority Malaysia Fund”.
(2) There shall be paid into the Fund—
(a) any grant made to the
Authority from the
Federal Consolidated Fund;
(b) all moneys collected or paid under subsection 15(1);
(c) all moneys borrowed by the Authority under section 16;
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(d) all moneys earned or arising from any investment under section 17 or from any property, mortgages, charges or debentures, acquired by or vested in the Authority; and
(e) all other moneys that may in any manner become payable to or vested in the Authority.
(3) Where there is an excess of moneys in the Fund under paragraph (2)(a) in relation to the performance of functions of the
Authority under this Act, such excess of moneys shall be paid by the
Authority into the Federal Consolidated Fund.
Expenses to be charged on the Fund
13. The Fund shall be expended for the purpose of—
(a) defraying such expenditure as the Authority may properly incur in carrying out its functions and exercising its powers;
(b) repaying any moneys borrowed by the Authority under section 16 and the interest due thereon;
(c) lending to employees of the Authority for the purpose of purchasing or building dwelling houses or purchasing conveyances on such terms and conditions as may be prescribed; and
(d) generally, paying any expenses for carrying into effect the provisions of this Act.
Reserve fund
14. (1) The Authority shall establish and manage a reserve fund.
(2) The payment into and out of the reserve fund shall be determined by the Authority:
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Provided that no part of the reserve fund shall be applied otherwise than for the purposes of the Authority.
Toll on vehicles using highways
15. (1) The Authority may, with the approval of the Minister and with the concurrence of the Minister of Finance, make orders for the imposition, variation, revision or abolition of toll on vehicles using highways and the orders may specify the nature, amount, rate and the manner of payment, of toll.
(2) Orders made under this section may prescribe different amounts and rates of toll for different types and categories of vehicles.
Power to borrow
16. The Authority may borrow in such form and on such terms as may be approved by the Minister and the Minister of Finance, any money required by the Authority for meeting any of its obligations, discharging any of its functions or exercising its powers under this Act.
Power to invest
17. The Authority may, from time to time, with the approval of the
Minister of Finance, invest the Fund or any part thereof, not being immediately required for meeting the Authority’s obligations or carrying out its functions—
(a) in any investment or securities authorized for the investment of trust funds by any written law for the time being in force;
or
(b) in such other investment or securities as the Authority may deem fit.
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Power to establish companies
17A. The Authority may, with the approval of the Minister and the
Minister of Finance, establish companies under the Companies Act 2016 to carry out or engage in any activity which has been planned or undertaken by the Authority in the performance of its functions or the exercise of its powers under this Act.
Financial year and annual estimate
18. (1) The financial year of the Authority shall commence on 1st January and end on 31st December of each year.
(2) The Chairman shall, not later than one month before the commencement of each financial year, lay before the Authority an estimate of the revenue and expenditure, including capital expenditure, of the Authority for the ensuing financial year in such detail and form as the Authority may determine.
(3) The Chairman shall cause to be sent to every member of the
Authority a copy of the estimate not later than fourteen days prior to the date of the meeting at which the estimate is to be laid.
Accounts and audit
19. (1) The Authority shall keep or cause to be kept proper accounts and other records in respect of its operation and shall prepare statements of account in respect of each financial year.
(2) The Authority shall, not later than three months after the end of its financial year, cause its accounts to be audited by the Auditor
General or any other auditor to be approved by the Auditor General.
(3) The Authority shall, not later than the thirtieth June of each financial year, cause a copy of the statement of accounts to be transmitted to the Minister together with a copy of the observations made by the auditor on any statement of accounts or on the accounts of the Authority.
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(4) The Minister shall cause a copy of every such statement and observations transmitted to him under subsection (3) to be laid on the table of each House of Parliament.
Annual report
20. (1) The Authority shall, not later than the thirtieth day of June of each year, cause to be made and transmitted to the Minister a report dealing with the activities of the Authority during the preceding financial year and containing such information relating to the proceedings and policy of the Authority as the Minister may from time to time direct.
(2) The Minister shall cause a copy of every such report transmitted to him under subsection (1) to be laid on the table of each House of
Parliament.
PART IV
TRANSFER OF HIGHWAYS TO AUTHORITY
Transfer of highways to the Authority
21. (1) The Minister may, from time to time, by notification in the
Gazette transfer or cause to be transferred to the Authority any highway or part thereof which is a Federal road under the
Federal Roads Act 1959 [Act 376] or by virtue of any other written law, and with effect from a date to be specified in the notification such highway or part thereof shall come under the control and management of the Authority.
(1A) Any highway or part thereof the cost of construction of which was or is defrayed from the Fund shall come under the control and management of the Authority.
(2) All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before the commencement of this Act, affecting any of the transferred highway shall be of as full
Highway Authority Malaysia (Incorporation) 21
force and effect against or in favour of the Authority, and enforceable as fully and effectually as if, instead of the Federal Government, the
Authority had been named therein or had been a party thereto.
(3) Following the notification in subsection (1) all land reserved to the Federal Government and where applicable with the consent of the appropriate State Government all land reserved under any written law relating to land, for the purpose of such highway or part thereof which are transferred to the Authority, shall be deemed to be reserved for the purpose of the Authority and every such reserve shall continue subject to the written law relating to land applicable to such reserve.
Withdrawal of highways from the control and management of the
Authority
21A. (1) The Minister may, from time to time, by notification in the
Gazette declare that any highway or part thereof shall cease to be under the control and management of the Authority with effect from a date to be specified in the notification, and for so long as the notification is in force this Act shall not apply to such highway or part thereof.
(2) If such highway or part thereof is a Federal road under the
Federal Roads Act 1959 or by virtue of any other written law, or if the cost of construction of such highway or part thereof was defrayed from the Fund, then, notwithstanding the notification under subsection (1), such highway or part thereof shall continue or be deemed to be a
Federal road accordingly.
(3) All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the date specified in the notification under subsection (1) and affecting the highway or part thereof prescribed in the notification shall be of as full force and effect against or in favour of the Federal Government, and enforceable as fully and effectually, as if, instead of the Authority, the Federal
Government had been named therein or had been a party thereto.
(4) With effect from the date specified in the notification under subsection (1), all land reserved or deemed to be reserved for the purpose of the Authority by virtue of subsection 21(3) and included in
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the highway or part thereof prescribed in the notification shall be deemed to be reserved for the purpose of the Federal Government and every such reserve shall continue subject to the written law relating to land applicable to such reserve.
(5) Notwithstanding that a highway or part thereof has ceased to be under the control and management of the Authority by virtue of a notification under subsection (1), the Minister may in writing direct the
Authority to supervise or execute the maintenance, either generally or in particular respects, of the highway or part thereof, in which event all costs and expenses incurred in carrying out such direction shall be borne by the Federal Government absolutely.
(6) Notwithstanding the notification under subsection (1), any order under section 15 relating to toll in respect of the highway or part thereof prescribed in the notification shall continue to be in force until it is revoked by the Minister with the concurrence of the Minister of
Finance.
PART V
ACQUISITION OF PROPERTY
General power to acquire land
22. (1) Where any immovable property, not being State land or reserved land, is needed to be acquired for the purpose of this Act and cannot be acquired by agreement, such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose for the time being in force in the State in which the property is situated and any declaration required under any such written law that the land is so needed may be made notwithstanding the compensation is to be paid out of the funds of the
Authority, and the said declaration shall have effect as if it were a declaration that the land is needed for a public purpose made in accordance with the said written law.
(2) Expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Authority.
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(3) Where any immovable property has been acquired under this section, the Authority shall take out the necessary document of title in respect of the property and shall pay any rent to which the property is subject.
PART VI
MISCELLANEOUS
Power to employ agents
23. The Authority may employ and pay agents and technical advisers including advocates and solicitors, bankers, stock brokers, surveyors or valuers or other persons, to transact any business or to do any act required to be transacted or done in the execution of its duties or for the better carrying into effect the purposes of this Act.
Application of Road Transport Act 1987
24. Subject to such modification by any regulation made under this
Act, the provisions of the Road Transport Act 1987 and all regulations, rules and orders made thereunder shall apply to any highway under the control and management of the Authority.
Offences
25. (1) Any person who deposits trash, glass, weeds, garbage or any other offensive matter within the right-of-way limits of the highways
*commits an offence.
(2) Any person who—
(a) uses any spurious or counterfeit tickets or coupons in payment of any toll required to be paid to the Authority under
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*NOTE—Previously “shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit”–see paragraph 11(a) of the Highway Authority Malaysia (Incorporation)
(Amendment) Act 2024 [Act A1710].
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this Act or attempts to use the highway without payment of toll prescribed by the Authority; or
(b) wilfully, maliciously and forcibly, breaks, damages or destroys any property of the Authority including any mechanical or electronic toll collection devices of the
Authority or any appurtenances thereto,
*commits an offence.
General penalty
26. Any person who is guilty of an offence under this Act or any regulation made thereunder, for which no penalty is specifically provided, is liable on conviction to a fine not exceeding
**twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Prosecution
26A. No prosecution shall be instituted for any offence under this Act or any regulations made under this Act except by or with the written consent of the Public Prosecutor.
Compounding offences
26B. (1) The Minister may, with the approval of the Public
Prosecutor, make regulations prescribing—
(a) any offence under this Act or any regulations made under this
Act as an offence which may be compounded; and
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*NOTE—Previously “shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both”–see paragraph 11(b) of the Highway Authority Malaysia (Incorporation) (Amendment) Act 2024 [Act A1710].
**NOTE—Previously “five thousand ringgit”–see section 12 of the Highway Authority Malaysia
(Incorporation) (Amendment) Act 2024 [Act A1710].
Highway Authority Malaysia (Incorporation) 25
(b) the method and procedure for compounding such offence.
(2) The Director General or any officer of the Authority authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the Director General, a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.
(3) The written offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the Director General may grant, the prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.
(4) Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and the Director
General, may return any book, account, record or other documents including electronic record seized in connection with the offence, subject to such terms as the Director General thinks fit.
(5) All sums of moneys received by the Director General under this section shall be paid into and form part of the Fund.
Obligation of secrecy
27. (1) Except for any of the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Authority—
(a) no member of the Authority or any of its committees or any officer or servant or agent of the Authority or any person
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attending any meeting of the Authority or any of its committees, whether during or after his tenure of office or employment, shall disclose any information which has been obtained by him in the course of his duties; and
(b) no other person who has by any means access to any information or document relating to the affairs of the
Authority shall disclose such information or document.
(2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Power of Minister to issue directive
28. (1) The Authority shall be responsible to the Minister who may, from time to time, issue to the Authority written directive on any aspect of the functions of the Authority, and every such direction shall be binding on the Authority.
(2) The Authority shall furnish the Minister with such returns, accounts and other information with respect to its property and activities, as the Minister may from time to time require.
Power of Minister to make regulations
29. The Minister shall have power to make regulations for the better carrying out of the provisions of this Act and such regulations may prescribe the compounding of any offence committed under this Act or any regulation made thereunder and the method thereof.
Validation of acts done in anticipation of Act
30. (1) All acts and things done by any person in preparation for or in anticipation of this Act and any expenditure incurred in relation thereto, which are consistent with the general intention and purposes
Highway Authority Malaysia (Incorporation) 27
of this Act, shall be deemed to have been authorized under this Act, and all rights and obligations acquired or incurred as a result of the doing of those acts or things including any expenditure incurred in relation thereto shall be deemed to be the rights and obligations of the
Authority.
(2) For the avoidance of doubt, it is declared that subsection (1)
does not authorize the appointment of members, officers or servant of the Authority except in so far as to authorize the temporary appointment of such persons until proper appointments are made under this Act.
Indemnity for the Authority
31. The Federal Government shall indemnify the Authority against any expenses, losses or damages incurred or suffered by the Authority arising out of any claim in whatever form by any person in consequence of the Authority ceasing to have control and management of a highway or part thereof by reason of a notification under section 21A.
Transfer of land from the Authority to the Federal
Government
32. Where any land vested in the Authority is included in any highway or part thereof prescribed in a notification under section 21A, the
Federal Government and the Authority shall come to an arrangement for the transfer of such land to the Federal Government.
Protection against suits and legal proceedings
33. No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against the Authority or any member of the Authority, member of the committee, officer or servant of the Authority, or agent of the Authority, in respect of any act, neglect or default done or omitted by it or him in good faith, in such capacity.
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Public Authorities Protection Act 1948
34. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Authority or any member of the Authority, member of the committee, officer or servant of the Authority, or agent of the Authority, in respect of any act, neglect or default done or committed by it or him in good faith or any omission by it or him in good faith, in such capacity.
Power to amend Schedule
35. The Minister may, by order published in the Gazette, amend the