Solid Waste and Public Cleansing Management

) This Act applies to Peninsular Malaysia and the Federal

Territories of Putrajaya and Labuan.

) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

) The Corporation shall have perpetual succession and shall have a common seal.

) The Corporation may sue and be sued in its corporate name.

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

enter into contracts; and

in respect of movable and immovable property and interest in movable and immovable property of every description—

acquire, purchase and take such property and interest; and

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 Corporation.

Common seal

) Until a seal is provided by the Corporation, a stamp bearing the words “Solid Waste and Public Cleansing Management

Corporation” may be used and shall be deemed to be its common seal.

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) The common seal of the Corporation shall be kept in the custody of the Chief Executive Officer or any officer of the Corporation authorized by the Corporation and shall be authenticated by either the Chairman or by such other members of the Corporation authorized by the Chairman in writing.

) 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.

) Any deed, document and other instrument which is not required to be under seal may in like manner be executed by a member of the Corporation or an officer or employee of the

Corporation authorized by the Corporation in that behalf.

) The common seal of the Corporation shall be officially and judicially noticed.

Membership of Corporation

the Chairman;

a representative of the Ministry charged with the responsibility for solid waste and public cleansing management;

a representative of the Treasury;

a representative of the Economic Planning Unit;

a representative of the Ministry of Natural Resources and

Environment;

the Chief Executive Officer; and

not more than three other members who shall have relevant knowledge and experience.

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Statutory declaration by members of Corporation

) If a member of the Corporation acquires any interest, financial or otherwise, in any undertaking involving solid waste management services and public cleansing management services he shall, within thirty days 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.

Tenure of office

) This section shall not apply to the Chief Executive Officer.

Allowances of members of Corporation

) A member of the Corporation, other than the Chief Executive

Officer, may at any time resign from his appointment by giving a written notice to the Minister.

Vacation of office

if he dies;

if there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

an offence under any law relating to corruption;

or

any other offence punishable with imprisonment

(in itself only or in addition to or in lieu of a fine) for more than two years;

if his conduct, whether in connection with his duties as a member of the Corporation or otherwise, has been such as to bring discredit on the Corporation;

if he becomes a bankrupt;

if he is of unsound mind or otherwise incapable of discharging his duties;

in the case of the Chairman, if he absents himself from three consecutive meetings of the Corporation without leave of the Minister;

in the case of a member of the Corporation other than the

Chairman, if he absents himself from three consecutive meetings of the Corporation without leave in writing of the Chairman;

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if his appointment is revoked by the Minister; or

if his resignation is accepted by the Minister.

Committees

) The Corporation may elect any of its members to be the chairman of a committee.

) The Corporation may appoint any person to be a member of a committee.

) 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.

) The Corporation may revoke the appointment of any member of a committee without assigning any reason for the revocation.

) A member of a committee may, at any time, resign by giving a notice in writing to the chairman of the committee.

) The Corporation may, at any time, discontinue or alter the constitution of a committee.

) A committee may regulate its own procedure.

) A committee shall be subject to, and act in accordance with, any direction given to it by the Corporation.

) The meetings of a committee shall be held at such times and places as the chairman of the committee may determine.

) A committee shall cause—

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

copies of the minutes of all its meetings to be submitted to the Corporation as soon as may be practicable.

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) 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.

) The members of a committee and any person invited under subsection (12) shall be paid such allowances and other expenses as the Corporation may determine.

Disclosure of interest

) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Corporation or committee, as the case may be, in which the matter is discussed and, after the disclosure—

the member shall not be present or take part in any discussion or decision of the Corporation or committee, as the case may be, about the matter; and

the member shall be disregarded for the purpose of constituting a quorum of the Corporation or committee, as the case may be, when the matter is discussed or decided upon.

) A member of the Corporation 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 ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

) No act or proceedings of the Corporation or a committee shall be invalidated on the ground that any member of the

Corporation or committee has contravened this section.

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) For the purposes of subsection (1)—

“a member of his family” includes—

his spouse;

his parent (including a parent of his spouse);

his child (including an adopted child or stepchild);

his brother or sister (including a brother or sister of his spouse); and

a spouse of his child, brother or sister; and

“his associate” means—

a person who is a nominee or an employee of the member;

a firm of which the member or any nominee of his is a partner;

a partner of the member;

a trustee of a trust under which the member or a member of his family is a beneficiary; or

any corporation within the meaning of the *Companies

Act 1965, 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.

Disqualification and termination of members of Corporation

he is an officer of any company licensed under the Solid

Waste and Public Cleansing Management Act 2007; or

he has any interest, financial or otherwise, in any undertaking involving solid waste and public cleansing management.

*NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016

[Act 777] w.e.f. 31 January 2017.

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Actions and proceedings of Corporation not affected by vacancy, etc.

the absence of any member;

any defect afterwards discovered in the appointment or qualification of any member or the constitution of the

Corporation;

any omission, defect or irregularity in the convening or conduct of a meeting; or

the presence or participation of a person who is not a member of the Corporation.

Duties of members of Corporation

) A member of the Corporation or any other person who has been a member of the Corporation shall not—

make improper use of any information acquired by virtue of his position as a member of the Corporation to gain, directly or indirectly, an advantage for himself or for any other person; or;

do, say or publish anything which may be detrimental to the interest of the Corporation.

Meetings

) The Chairman shall preside at all meetings of the Corporation and in his absence, the members present shall elect a chairman amongst them and the person so elected shall preside and have all the powers of the Chairman.

) The Chairman and four other members present at a meeting of the Corporation shall constitute a quorum.

) The decision of the Corporation shall be adopted by a simple majority of the votes of the members present and voting.

) In the case of an equality of votes the Chairman shall have a casting vote.

) A resolution in writing, signed by all members for the time being entitled to receive notice of a meeting of the Corporation, shall be as valid and effectual as if it had been passed at a meeting of the Corporation duly convened and held and any such resolution may consist of several documents in like form, each signed by one or more members.

) Nothing in this section shall prevent the Chairman from authorizing a member to use live video, television links or other appropriate communication or multimedia facilities to participate in any meeting of the Corporation.

to recommend policies, plans and strategies including schemes in respect of solid waste management services and public cleansing management services to the Federal

Government;

to implement such policies, plans and strategies including schemes as decided by the Federal Government;

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to implement measures as decided by the Federal

Government for the improvement of any existing solid waste management services and public cleansing management services;

to recommend the standards, specifications and codes of practice relating to any aspect of solid waste management services and public cleansing management services to the Federal Government;

to monitor compliance with the standards, specifications and codes of practice relating to any aspect of solid waste management services and public cleansing management services as set by the Federal Government;

to implement and enforce the solid waste and public cleansing management laws and to recommend reform to such laws to the Federal Government;

to ensure that the functions and obligations of any person carrying out solid waste management services or public cleansing management services are properly carried out;

to increase concerted efforts towards improving the operational efficiency of the solid waste management services and public cleansing management services;

to implement measures to promote public participation and to improve public awareness on solid waste management services and public cleansing management services;

to formulate and implement human resource development and funding and cooperation programmes for the proper and effective performance of the functions of the

Corporation;

to cooperate with any corporate body or government agency for the purpose of performing the functions of the Corporation;

to utilize all movable and immovable property of the

Corporation in such manner as the Corporation may think expedient including the raising of loan by charging such property;

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to encourage, promote, facilitate and stimulate the growth of the solid waste management services and public cleansing management services by various means including arranging for the conduct of researches, assessments, studies and advisory services;

to maintain and improve the standard and level of the solid waste management services and public cleansing management services;

to establish institutions, centres and workshops for the undertaking of research and other activities necessary for or related to the development of the solid waste management services and public cleansing management services;

to determine and impose fees, charges or other payment for services rendered by the Corporation; and

to carry out any other functions conferred upon it under the solid waste and public cleansing management laws.

) The Corporation shall have all such powers as may be necessary for, or in connection with, or incidental to, the performance of its functions under this Act.

Delegation of functions of Corporation

the Chairman;

a member of the Corporation; or

a committee.

) Any person delegated with such function 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.

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

) The delegation under this section shall not preclude the

Corporation from itself performing or exercising at any time any of the delegated functions.

Direction by Minister

) The Minister may from time to time give the Corporation directions of a general character consistent with the provisions of this Act relating to the performance of the functions of the

Corporation and the Corporation shall as soon as possible give effect to such directions.

Returns, reports, accounts and information

) The Director General may from time to time request the

Chief Executive Officer to furnish such returns, reports, accounts and information with respect to the discharge of the functions of the Corporation.

PROVISIONS RELATING TO OFFICERS AND EMPLOYEES

Chief Executive Officer

) The Chief Executive Officer shall hold office for a term not exceeding three years and shall be eligible for reappointment upon the expiry of his term of office.

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) The Chief Executive Officer shall be deemed to be an officer or employee of the Corporation and be subject to the terms and conditions of service as may be determined by the Corporation with the approval of the Minister.

) The Chief Executive Officer shall enjoy such compensation and such other amenities as approved by the Minister, upon recommendation of the Corporation.

) The Corporation shall vest in the Chief Executive Officer such powers and impose upon him such duties as may be determined by the Corporation.

) The Chief Executive Officer shall be responsible for the overall administration and management of the functions and the day to day affairs of the Corporation.

) The Chief Executive Officer shall have general control of the officers and employees of the Corporation.

) The Chief Executive Officer shall perform such further duties as the Minister and the Corporation may from time to time direct.

) In discharging his duties, the Chief Executive Officer shall act under the general authority and direction of the Corporation.

Temporary exercise of functions of Chief Executive Officer

the office of the Chief Executive Officer is vacant;

the Chief Executive Officer is absent from duty or from

Malaysia; or

the Chief Executive Officer is, for any reason, unable to perform the duties of his office.

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Appointment of officers and employees

) An officer or employee of the Corporation shall, at all times, act in good faith and comply with such requirements, standards, duties and code of conduct as may be determined by the Corporation.

Loans, scholarship, advances, etc.

may provide loans, scholarships and advances to its officers and employees subject to such terms and conditions as the Corporation may determine; and

may provide donations to any person or body of persons in such amount and for such purposes as may be approved by the Minister.

Payment of retirement benefits, etc.

) The Fund shall consist of—

such sums as may be provided by Parliament from time to time for the purposes of the management of solid waste and public cleansing;

all moneys derived as income from investments by the

Corporation;

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 Corporation;

all moneys earned from consultancy and advisory services and any other services provided by the Corporation;

all other moneys and property which may in any manner become payable to or vested in the Corporation in respect of any matter incidental to its functions;

sums borrowed by the Corporation under section 32;

all moneys earned by the operation of any project, scheme or enterprise financed from the Fund;

all donations and contributions received from within or outside Malaysia; and

all other moneys lawfully received by the Corporation.

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Expenditure to be charged on the Fund

paying any expenditure lawfully incurred by the

Corporation;

paying for the allowances and other expenses of the members of the Corporation and members of the committees and the remunerations, allowances and other expenses of the officers and employees of the Corporation, including the granting of loans and advances, superannuation allowances, retirement benefits and gratuities;

granting loans, scholarships and advances to its employees under section 24;

paying any other expenses, costs or expenditure properly incurred or accepted by the Corporation for the purpose of the management of solid waste and public cleansing, including the engagement of consultants, legal fees and costs and other charges and costs;

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 for the purpose of the management of solid waste and public cleansing;

repaying moneys borrowed under section 32 and the interest due on the borrowed moneys;

investment under section 33; and

generally, paying any expenses for the purpose of the management of solid waste and public cleansing in general and carrying into effect the provisions of the solid waste and public cleansing management laws in particular.

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Conservation of the Fund

) Before 1 September of each year, the Corporation 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.

) The Minister shall, before 1 January of the following year, notify the Corporation of the amount authorized for each description of expenditure based on the estimate prepared under subsection (2).

) The Corporation 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

) Without prejudice to the generality of subsection (1), the

Corporation may, with the approval of the Minister, acquire and develop land and properties for or in connection with the exercise of its powers and for this purpose may enter into such negotiations, arrangements or agreements as may be necessary for the effective and efficient operation of the Corporation.

Limitations on contracts

a statement of accounts of the Corporation which shall include a balance sheet and an account of income and expenditure; and

a statement of its activities.

) The Corporation 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 and the Minister shall cause such statement and report to be laid before both Houses of Parliament.

) The Statutory Bodies (Account and Annual Reports) Act 1980

[Act 240] shall apply to the Corporation.

GENERAL

Institution of prosecution

no member of the Corporation or any of its committees or any officer, employee or agent of the Corporation whether during or after his tenure of office or employment, and no person attending any meeting of the

Corporation or any of its committees, shall disclose any information obtained by him in the course of his duties; and

no other person who has by any means access to any information or documents relating to the affairs of the

Corporation shall disclose such information or document.

) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Representation in civil proceedings

in any civil proceedings by or against the Corporation;

or

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in any other civil proceedings in which the Corporation 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 Corporation for that purpose may, on behalf of the Corporation, 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

Corporation.

Power to employ