Section 1
Short title, commencement and application
/akn/my/act/act/2006/654
*AKTA SURUHANJAYA PERKHIDMATAN AIR NEGARA 2006
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Part
PART I
PRELIMINARY
Section 2
Interpretation
Part
PART II
THE COMMISSION
Section 3
Establishment of the Commission
Section 4
Common seal
Section 5
Membership of the Commission
Section 6
Temporary exercise of functions of the Chairman
Section 7
Statutory declaration by members of the Commission
Section 8
Approval to hold other office
Section 9
Tenure of office
Section 10
Remuneration and allowances
Section 11
Revocation of appointment and resignation
Section 12
Vacation of office
Section 13
Committees
Section 14
Disclosure of interest
4 Laws of Malaysia ACT 654
Part
PART III
FUNCTIONS AND POWERS OF THE COMMISSION
Section 15
Functions of the Commission
Section 16
Powers of the Commission
Section 17
Delegation of the Commission’s functions or powers
Section 18
Direction by Minister
Section 19
Returns, reports, accounts and information 19A. Restriction on the use of the symbol or rep...
Part
PART IV
PROVISIONS RELATING TO EMPLOYEES
Section 20
Chief Executive Officer
Section 21
Temporary exercise of functions of the Chief Executive Officer
Section 22
Appointment of employees
Section 23
Conditions of service 23A. Discipline
Section 24
Loans, scholarships and advances
Section 25
Payment of retirement benefits, etc.
Section 26
Commission may adopt regulations, etc.
Part
PART V
FINANCE
Section 27
Suruhanjaya Perkhidmatan Air Negara Fund
Section 28
Expenditure to be charged on the Fund
Section 29
Conservation of the Fund
Section 30
Expenditure and preparation of estimates
Section 31
Bank accounts
Section 32
Power to borrow
Section 33
Investment
Section 34
Limitations on contracts
Suruhanjaya Perkhidmatan Air Negara 5
Section
Section 35
Financial procedure
Section 36
Financial year
Section 37
Accounts and reports
Part
PART VI
GENERAL
Section 38
Prosecution
Section 39
Public servant
Section 40
Public Authorities Protection Act 1948
Section 41
Obligation of secrecy
Section 42
Representation in civil proceedings
Section 43
Power to employ
Section 44
Things done in anticipation of the enactment of this Act
Schedule
7
Act 654
An Act to provide for the establishment of the Suruhanjaya
Perkhidmatan Air Negara with powers to supervise and regulate water supply services and sewerage services and to enforce the water supply and sewerage services laws and for related matters.
[1 February 2007, P.U. (B) 39/2007]
ENACTED by the Parliament of Malaysia as follows:
PART I
PRELIMINARY
Short title, commencement and application
1. (1) This Act may be cited as the Suruhanjaya Perkhidmatan Air
Negara Act 2006.
(2)
This Act comes into operation on a date to be appointed by the
Minister by notification in the Gazette.
(3)
This Act applies to Peninsular Malaysia and the Federal
Territories of Putrajaya and Labuan.
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Interpretation
2. In this Act, unless the context otherwise requires—
“committee” means a committee established by the Commission under section 13;
“Fund” means the Suruhanjaya Perkhidmatan Air Negara Fund established under section 27;
“employees” means persons employed by the Commission;
“Chairman” means the Chairman of the Commission appointed under paragraph 5(1)(a);
“water supply services” means the treatment of water abstracted from watercourses and the distribution and supply of treated water to consumers and includes the operation and maintenance of the water supply system;
“sewerage services” means the collection, conveyance, treatment and disposal of sewage or sewage sludge and includes the operation and maintenance of a sewerage system and the desludging of septic tanks;
“Commission” means the Suruhanjaya Perkhidmatan Air Negara established under section 3;
“water supply and sewerage services laws” means this Act and the
Water Services Industry Act 2006 [Act 655], and includes any subsidiary legislation made under those laws.
Suruhanjaya Perkhidmatan Air Negara 9
PART II
THE COMMISSION
Establishment of the Commission
3. (1) A body corporate by the name of “Suruhanjaya Perkhidmatan
Air Negara” is established with perpetual succession and a common seal.
(2)
The Commission may sue and be sued in its corporate name.
(3)
Subject to and for the purposes of this Act, the Commission may, upon such terms as it deems fit—
(a)
enter into contracts; and
(b)
in respect of movable and immovable property and interest in movable and immovable property of every description—
(i)
acquire, purchase and take such property and interest;
and
(ii)
hold, enjoy, convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of or deal with, such property and interest vested in the Commission.
Common seal
4. (1) The common seal of the Commission shall bear a device as approved by the Commission and the seal may from time to time be broken, changed, altered and made anew as the Commission thinks fit.
(2)
Until a seal is provided by the Commission, a stamp bearing the words “Suruhanjaya Perkhidmatan Air Negara” may be used and shall be deemed to be its common seal.
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(3)
The common seal shall be kept in the custody of the Chairman or any other person authorized by the Commission, and shall be authenticated by either the Chairman or by such other person authorized by the Chairman in writing.
(4)
All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed.
(5)
Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Commission or an employee of the Commission authorized in that behalf.
(6)
The common seal of the Commission shall be officially and judicially noticed.
Membership of the Commission
5. (1) The Commission shall consist of the following members who shall be appointed by the Minister:
(a)
the Chairman;
(b)
the Chief Executive Officer; and
(c)
not less than eight but not more than ten other persons, who, in the opinion of the Minister, have experience and shown capacity and professionalism in matters relating to finance, engineering, business or administration, or to be otherwise suitable for appointment because of their special knowledge and experience.
(2)
The provisions of the Schedule shall apply to members of the
Commission.
(3)
The Minister may amend the provisions of the Schedule by order published in the Gazette.
Suruhanjaya Perkhidmatan Air Negara 11
Temporary exercise of functions of the Chairman
6. The Minister may appoint temporarily any member of the
Commission, other than the Chief Executive Officer, to act as the
Chairman for the period when—
(a)
the office of the Chairman is vacant;
(b)
the Chairman is absent from duty or from Malaysia; or
(c)
the Chairman is, for any other reason, unable to perform the duties of his office.
Statutory declaration by members of the Commission
7. (1) No person shall be appointed as a member of the Commission unless before such appointment the person makes a statutory declaration as to whether he has any interest, financial or otherwise, in any undertaking involving water supply services or sewerage services.
(2)
If a member of the Commission acquires any interest, financial or otherwise, in any undertaking involving water supply services or sewerage services he shall, within one month after such acquisition, give notice in writing to the Minister specifying the interest acquired, and the Minister may, after taking the matter into consideration, if he thinks fit, declare that the member has vacated his office.
Approval to hold other office
8. The Chairman shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the
Minister’s prior written approval.
Tenure of office
9. (1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Commission shall, unless
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he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term of two years.
(2)
A member of the Commission shall be eligible for reappointment but no member shall hold office for more than three terms.
(3)
This section shall not apply to the Chief Executive Officer.
Remuneration and allowances
10. (1) The Chairman shall be paid such remuneration and allowances as the Minister may determine after consultation with the
Minister of Finance.
(2)
All other members of the Commission shall be paid such allowances at such rates as the Minister may determine after consultation with the Minister of Finance.
Revocation of appointment and resignation
11. (1) The Minister may at any time revoke the appointment of any member of the Commission, other than the Chief Executive Officer, without assigning any reason for the revocation.
(2)
A member of the Commission, other than the Chief Executive
Officer, may at any time resign from his appointment by giving a notice in writing to the Minister.
Vacation of office
12. The office of a member of the Commission, other than the Chief
Executive Officer shall be vacated—
(a)
if he dies;
Suruhanjaya Perkhidmatan Air Negara 13
(b)
if there has been proved against him, or he has been convicted on, a charge in respect of—
(i)
an offence involving fraud, dishonesty or moral turpitude;
(ii)
an offence under any law relating to corruption; or
(iii)
any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(c)
if his conduct, whether in connection with his duties as a member of the Commission or otherwise, has been such as to bring discredit on the Commission;
(d)
if he becomes a bankrupt;
(e)
if he is of unsound mind or is otherwise incapable of discharging his duties;
(f)
in the case of the Chairman, if he absents himself from a meeting of the Commission without leave of the Minister;
(g)
in the case of a member of the Commission other than the
Chairman, if he absents himself from three consecutive meetings of the Commission without leave in writing of the
Chairman;
(h)
if his appointment is revoked by the Minister; or
(i)
if his resignation is accepted by the Minister.
Committees
13. (1) The Commission may establish any committee as it considers necessary or expedient to assist in the performance of its functions.
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(2)
The Commission may elect any of its members to be the chairman of a committee.
(3)
The Commission may appoint any person to be a member of a committee.
(4)
A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.
(5)
The Commission may revoke the appointment of any member of a committee without assigning any reason for the revocation.
(6)
A member of a committee may, at any time, resign by giving a notice in writing to the chairman of the committee.
(7)
The Commission may, at any time, discontinue or alter the constitution of a committee.
(8)
A committee may regulate its own procedure.
(9)
A committee shall be subject to, and act in accordance with, any direction given to it by the Commission.
(10)
The meetings of a committee shall be held at such times and places as the chairman of the committee may determine.
(11)
A committee shall cause—
(a)
minutes of all its meetings to be maintained and kept in a proper form; and
(b)
copies of the minutes of all its meetings to be submitted to the Commission as soon as practicable.
(12)
A committee may invite any person to attend any of its meetings for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
Suruhanjaya Perkhidmatan Air Negara 15
(13)
The members of a committee and any person invited under subsection (12) shall be paid such allowances and other expenses as the Commission may determine after consultation with the Minister.
Disclosure of interest
14. (1) A member of the Commission or any committee established under section 13 who has or acquires a direct or indirect interest by himself, a member of his family or his associate in relation to any matter under discussion by the Commission or committee shall disclose to the Commission or committee, as the case may be, the fact of his interest and the nature of that interest.
(2)
A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission 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 Commission or committee, as the case may be, about the matter; and
(b)
shall be disregarded for the purpose of constituting a quorum of the Commission or committee, as the case may be, when the matter is discussed or decided upon.
(3)
A member of the Commission 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 one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
(4)
No act or proceedings of the Commission or a committee shall be invalidated on the ground that any member of the Commission or committee has contravened this section.
(5)
For the purposes of this section—
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“a member of his family”, in relation to a member of the Commission or a 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 Commission or a 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 1965 [Act 125], 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.
*NOTE—The Companies Act 1965 [Act 125] has since been repealed by the Companies Act 2016
[Act 777] which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.
Suruhanjaya Perkhidmatan Air Negara 17
PART III
FUNCTIONS AND POWERS OF THE COMMISSION
Functions of the Commission
15. The Commission shall have all the functions imposed on it under the water supply and sewerage services laws and shall also have the following functions:
(a)
to advise the Minister on all matters in relation to the national policy objectives of the water supply and sewerage services laws and to implement and promote the national policy objectives;
(b)
to implement and enforce the water supply and sewerage services laws and to consider and recommend reforms to the water supply and sewerage services laws;
(c)
to ensure the productivity of the water supply services and sewerage services industry and the monitoring of operator compliance with stipulated service standards, contractual obligations and relevant laws and guidelines;
(d)
to increase concerted efforts towards improving the operational efficiency of the industry and in particular the reduction of non-revenue water through short-term, medium-term and long-term programmes;
(e)
to advise the Minister on a fair and efficient mechanism for the determination of tariffs that is fair to both consumers and licensees and to implement tariffs that have been established through appropriate mechanism and tools;
(f)
to ensure the national development goals pertaining to coverage, supply and access to water supply services and sewerage services are achieved;
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(g)
to ensure long-term sustainability of quality of water and sewerage services through continued capital works development;
(h)
to formulate and implement a plan so that all reasonable demands for sewerage services are satisfied and in consultation with the relevant authorities, prepare a sewerage catchment plan formulating the policy and general proposals in respect of the development of any new sewerage system and measures for improvement of any existing sewerage system;
(i)
to carry out any function conferred upon it under any other written law; and
(j)
to advise the Minister generally on matters relating to water supply services and sewerage services.
Powers of the Commission
16. (1) The Commission shall have the power to do all things necessary or expedient for or in connection with the performance of its functions under the water supply and sewerage services laws.
(2)
Without prejudice to the generality of subsection (1), the powers of the Commission shall include power—
(a)
to utilize all the property of the Commission, movable and immovable, in such manner as the Commission may think expedient including the raising of loans by mortgaging such property;
(b)
to impose fees or charges for services rendered by the
Commission;
(c)
to appoint such agents, experts or consultants as it deems fit to assist the Commission in the performance of its functions;
Suruhanjaya Perkhidmatan Air Negara 19
(d)
(Deleted by Act A1699);
(e)
to formulate and implement human resource development and funding and co-operation programmes for the proper and effective performance of the functions of the
Commission;
(f)
to co-operate with any corporate body or government agency for the purpose of performing the Commission’s functions; and
(g)
to do anything incidental to any of its functions and powers.
Delegation of the Commission’s functions or powers
17. (1) The Commission may, in writing, delegate any of the functions and powers imposed or conferred on it by the water supply and sewerage services laws, except the power to make subsidiary legislation, to—
(a)
the Chairman;
(b)
a member of the Commission;
(c)
a committee; or
(d)
any employee of the Commission.
(2)
Any person delegated with such function and power shall be bound to observe and have regard to all conditions and restrictions imposed by the Commission and all requirements, procedures and matters specified by the Commission.
(3)
Any function and power delegated under this section shall be performed and exercised in the name and on behalf of the Commission.
(4)
The delegation under this section shall not preclude the
Commission itself from performing or exercising at any time any of the delegated functions and powers.
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Direction by Minister
18. (1) The Commission shall be responsible to the Minister.
(2)
The Minister may give the Commission directions of a general character consistent with the provisions of this Act relating to the performance of the functions and powers of the Commission and the
Commission shall give effect to such directions.
Returns, reports, accounts and information
19. (1) The Commission 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)
The returns, reports, accounts and information shall be in such form and shall contain such information relating to the proceedings and policy of the Commission and any other matter as the Minister may from time to time specify.
Restriction on the use of the symbol or representation of the
Commission
19A. (1) The Commission shall have the exclusive right to the use of any symbol or representation as the Commission may select or create and thereafter display or exhibit such symbol or representation in connection with its activities or affairs.
(2)
The symbol or representation selected or created by the
Commission shall be published in the Gazette.
(3)
Any person who uses a symbol or representation of the
Commission without obtaining the written approval of the
Commission, or uses any symbol or representation resembling the symbol or representation of the Commission, or creates any symbol or representation which refers to the Commission so as to deceive or cause confusion, or to be likely to deceive or to cause confusion,
Suruhanjaya Perkhidmatan Air Negara 21
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.
PART IV
PROVISIONS RELATING TO EMPLOYEES
Chief Executive Officer
20. (1) The Minister shall appoint a Chief Executive Officer on such terms and conditions as he thinks desirable.
(2)
The Commission shall vest in the Chief Executive Officer such powers and impose upon him such duties as may be determined by the
Commission.
(3)
The Chief Executive Officer shall be responsible for the overall administration and management of the functions and the day to day affairs of the Commission.
(4)
The Chief Executive Officer shall have general control of the employees of the Commission.
(5)
The Chief Executive Officer shall perform such further duties as the Minister and the Commission may from time to time direct.
(6)
In discharging his duties, the Chief Executive Officer shall act under the general authority and directions of the Commission.
Temporary exercise of functions of the Chief Executive Officer
21. The Minister may appoint temporarily any officer of the
Commission to act as the Chief Executive Officer for the period when—
(a)
the office of the Chief Executive Officer is vacant;
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(b)
the Chief Executive Officer is absent from duty or from
Malaysia; or
(c)
the Chief Executive Officer is, for any other reason, unable to perform the duties of his office.
Appointment of employees
22. The Commission may from time to time appoint and employ such number of employees as the Commission thinks desirable and necessary and upon such terms as it considers appropriate for carrying out the purposes of the water supply and sewerage services laws.
Conditions of service
23. The Commission may determine the conditions of service of its employees.
Discipline
23A. (1) The Commission shall have disciplinary authority over all its employees and shall exercise disciplinary control in respect of all such persons.
(2)
The Commission may make regulations in respect of discipline of its employees.
Loans, scholarships and advances
24. The Commission may grant loans, scholarships and advances to its employees for such purposes and on such terms as the Commission may determine.
Suruhanjaya Perkhidmatan Air Negara 23
Payment of retirement benefits, etc.
25. The Commission may make arrangements for the payment to its employees and their dependants of such retirement benefits, gratuities and other allowances as the Commission may determine.
Commission may adopt regulations, etc.
26. The Commission may, with the approval of the Minister, adopt with such modifications as it deems fit any regulations, rules, policies, circulars and directives enacted or issued by the Federal Government in relation to any matter under this Part.
PART V
FINANCE
Suruhanjaya Perkhidmatan Air Negara Fund
27. (1) A fund to be known as the “Suruhanjaya Perkhidmatan Air
Negara Fund” is established and shall be administered and controlled by the Commission.
(2)
The Fund shall consist of—
(a)
such sums as may be provided by Parliament for the purposes of the water supply and sewerage services laws from time to time;
(b)
all or any part of the licence fees or other fees, administration charges, levies or other charges imposed by or payable to the Commission under the water supply and sewerage services laws;
(c)
all moneys derived as income from investments by the
Commission;
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(d)
all moneys derived from the sale, disposal, lease or hire, or any other dealing with, any property, mortgages, charges or debentures vested in or acquired by the Commission;
(e)
all moneys earned from consultancy and advisory services and any other service provided by the Commission;
(f)
all other moneys and property which may in any manner become payable to or vested in the Commission in respect of any matter incidental to its functions and powers;
(g)
sums borrowed by the Commission under section 32; and
(h)
all other moneys lawfully received by the Commission.
(3)
Notwithstanding paragraph 27(2)(b), the moneys referred to in that paragraph which are in excess of the financial requirements of the
Commission for the performance of its functions may be paid into the
Federal Consolidated Fund.
(4)
Notwithstanding subsection (2), any money contributed for the
Water Industry Fund and the Sewerage Capital Contribution Fund under the Water Services Industry Act 2006 shall not be a part of the
Fund.
Expenditure to be charged on the Fund
28. The Fund shall be expended for the following purposes:
(a)
paying any expenditure lawfully incurred by the
Commission;
(b)
paying for the remuneration, allowances and other expenses of the members of the Commission, members of the committees and employees of the Commission, including the granting of loans and advances, superannuation allowances, retirement benefits and gratuities;
Suruhanjaya Perkhidmatan Air Negara 25
(c)
paying any other expenses, costs or expenditure in relation to the procurement of goods and services, including the engagement of consultants, legal fees and costs and other fees and costs, properly incurred or accepted by the
Commission in the performance of its functions and exercise of its powers under the water supply and sewerage services laws;
(d)
purchasing or hiring equipment, machinery and any other material, acquiring land and any assets, and erecting buildings and carrying out any other works and undertakings in the performance of its functions and exercise of its powers under the water supply and sewerage services laws;
(e)
repaying moneys borrowed under section 32 and the interest due on the borrowed moneys;
(f)
granting loans, scholarships and advances to its employees under section 24; and
(g)
generally, paying any expenses for carrying into effect the provisions of the water supply and sewerage services laws.
Conservation of the Fund
29. It shall be the duty of the Commission to conserve the Fund by so performing its functions and exercising its powers under this Act to secure that the total revenue of the Commission are sufficient to meet all sums properly chargeable to its revenue account including depreciation and interest on capital taking one year with another.
Expenditure and preparation of estimates
30. (1) The expenditure of the Commission up to such amount as may be authorized by the Minister for any one year shall be defrayed out of the Fund.
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(2)
Before 1 September of each year, the Commission shall submit to the Minister an estimate of its expenditure (including the expenditure for research and development programmes) for the following year in such form and containing such particulars as the
Minister may direct
(3)
The Minister shall, before 1 January of the following year, notify the Commission of the amount authorized for expenditure generally or of the amount authorized for each description of expenditure based on the estimate prepared under subsection (2).
(4)
The Commission may at any time submit to the Minister a supplementary estimate of its expenditure for any one year and the
Minister may allow the whole or any part of the additional expenditure included in the supplementary estimate.
Bank accounts
31. The Commission shall open and maintain an account or accounts with such bank or banks in Malaysia as the Commission thinks fit, and every such account shall be operated in such manner as may be authorized by the Commission for such purpose from time to time.
Power to borrow
32. The Commission may, from time to time, borrow in such form and at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise, as may be approved by the Minister with the concurrence of the Minister of Finance, any money required by the Commission for meeting any of its obligations or discharging any of its duties.
Investment
33. The moneys of the Commission shall, in so far as they are not immediately required to be expended by the Commission under this
Suruhanjaya Perkhidmatan Air Negara 27
Act, be invested in such manner as the Minister may, with the concurrence of the Minister of Finance, approve.
Limitations on contracts
34. The Commission may enter into any contract under which the
Commission is to pay or receive an amount—
(a)
not exceeding ten million ringgit;
(b)
exceeding ten million ringgit but not exceeding fifty million ringgit, with the approval of the Minister; or
(c)
exceeding fifty million ringgit, with the approval of the
Minister and the concurrence of the Minister of Finance.
Financial procedure
35. Subject to this Act, the Commission shall determine its own financial procedure.
Financial year
36. The financial year of the Commission shall begin on 1 January and end on 31 December of each year.
Accounts and reports
37. (1) The Commission shall cause proper accounts of the Fund and proper reports of its activities to be kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year—
(a)
a statement of accounts of the Commission which shall include a balance sheet and an account of income and expenditure; and
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(b)
a statement of its activities.
(2)
The Commission shall as soon as possible send a copy of the statement of accounts certified by the auditors and a copy of the auditors’ report to the Minister who shall cause them to be laid before both Houses of Parliament.
(3)
The Statutory Bodies (Account and Annual Reports) Act 1980
[Act 240] shall apply to the Commission.
PART VI
GENERAL
Prosecution
38. No prosecution shall be instituted for any offence under this Act without the consent in writing of the Public Prosecutor.
Public servant
39. The Chairman, members of the Commission and of any committee, and employees and agents of the Commission, while discharging their duties under this Act as Chairman, such members, employees or agents, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Public Authorities Protection Act 1948
40. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or a member of the Commission, a member of a committee, and an employee or agent of the Commission in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith in such capacity.
Suruhanjaya Perkhidmatan Air Negara 29
Obligation of secrecy
41. (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 Commission—
(a)
no member of the Commission or any of its committees or any employee or agent of the Commission or any person attending any meeting of the Commission or any of its committees, whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties; and
(b)
no other person who has by any means access to any information or documents relating to the affairs of the
Commission 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.
Representation in civil proceedings
42. Notwithstanding any other written law—
(a)
in any civil proceedings by or against the Commission; or
(b)
in any other civil proceedings in which the Commission is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the Commission for that purpose may, on behalf of the Commission, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the Commission.
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Power to employ
43. The Commission may employ and pay agents and technical advisers, including advocates and solicitors, bankers, consultants and other persons, to transact any business or to do any act required to be transacted or done in the performance of its functions or for the better carrying into effect of the purposes of this Act.
Things done in anticipation of the enactment of this Act
44. All things done by any person or authority on behalf of the
Commission in the preparation of and towards the proper administration of this Act, and any expenditure incurred in relation thereto, in anticipation of the enactment of this Act shall be deemed to have been authorized by this Act, and all rights acquired or obligations incurred on behalf of the Commission from anything so done shall upon the coming into operation of this Act be deemed to be the rights and obligations of the Commission.
Schedule
[Section 5]
Times and places of meetings
1. (1)
The Commission is to hold as many meetings as are necessary for the efficient performance of its functions and such meetings are to be held at such places and times as the Chairman may decide, provided that the Chairman shall not allow more than two months to lapse between meetings.
(2)
The Chairman shall call for a meeting if requested to do so in writing by the
Minister or by at least four members of the Commission.
Quorum
2. The Chairman and four other members of the Commission shall form a quorum at any meeting of the Commission.
Suruhanjaya Perkhidmatan Air Negara 31
Casting vote
3. If on any question to be determined by the Commission there is an equality of votes, the Chairman shall have a casting vote in addition to his deliberative vote.
Commission may invite others to meetings
4. (1)
The Commission may invite any person to attend any meeting or deliberation of the Commission for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or deliberation.
(2)
A person invited under subparagraph (1) shall be paid such allowances as may be determined by the Commission.
Resolutions without meetings
5. (1)
A resolution is taken to have been passed at a meeting of the Commission if—
(a)
all members of the Commission have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the Commission of the proposed resolution; and
(b)
without meeting, all of the members of the Commission indicate agreement with the resolution in accordance with the method determined by the Commission under subparagraph (2).
(2)
Subparagraph (1) applies only if the Commission—
(a)
decides that the subparagraph applies; and
(b)
decides the method by which members of the Commission are to indicate agreement with the resolutions.
Minutes
6. (1)
The Commission shall cause minutes of all their meetings to be maintained and kept in a proper form.
(2)
The minutes made of meetings of the Commission, if duly signed, shall, in any legal proceedings, be admissible as prima facie evidence of the facts stated in the minutes without further proof.
32 Laws of Malaysia ACT 654
(3)
Every meeting of the Commission of which minutes have been made in accordance with subparagraphs (1) and (2) shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act.
Procedure
7. The Commission may regulate its own procedure.
Validity of acts and proceedings
8. No act done or proceedings 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 Commission; or
(b)
any omission, defect or irregularity not affecting the merits of the case.
Members to devote time to business of the Commission
9. The members of the Commission shall devote such time to the business of the
Commission as is necessary to discharge their duties effectively.
33
Act 654
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act A1699
Suruhanjaya Perkhidmatan Air Negara
(Amendments)
Act 2023 01-02-2024
34
Act 654
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
9
14
16
17
19A
23
23A
31
34
35
41