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DR 08/2010
SURUHANJAYA PENGANGKUTAN AWAM DARAT BILL 2010
ARRANGEMENT OF CLAUSES
PART I
PRELIMINARY
Clause
1. Short title, commencement and application
2. Interpretation
PART II
THE COMMISSION
3. Establishment of the Commission
4. Common seal
5. Membership of the Commission
6. Schedule
7. Approval to hold other offices
8. Tenure of office
9. Remuneration and allowances
10. Revocation of appointment and resignation
11. Vacation of office
12. Temporary exercise of functions of the Chairman
13. Committees
14. Disclosure of interest
PART III
FUNCTIONS AND POWERS OF THE COMMISSION
15. Functions of the Commission
16. Powers of the Commission
17. Arrangements with Government Entities
18. Responsibility of Government Entities
19. Delegation of the Commission’s functions and powers
20. Direction by Minister
21. Returns, reports, accounts and information
22. Commission may establish and participate in body corporate
PART IV
EMPLOYEES OF THE COMMISSION
23. Chief Executive Officer
24. Temporary exercise of the functions of Chief Executive Officer
25. Appointment of employees of the Commission
26. Conditions of service
27. Payment of retirement benefits, etc
28. Loans, scholarships and advances
PART V
FINANCE
29. Suruhanjaya Pengangkutan Awam Darat Fund
30. Expenditure to be charged on the Fund
31. Conservation of the Fund
32. Bank accounts
33. Power to borrow
34. Investment
35. Limitation on contracts
36. Financial procedure
37. Financial year
PART VI
GENERAL
38. Prosecution
39. Public servant
40. Protection against suits and legal proceedings
41. Public Authorities Protection Act 1948
42. Obligation of secrecy
43. Representation in civil proceedings
44. Power to make regulations
45. Power to employ
46. Employment of government employees
47. Things done in anticipation of the enactment of this Act
SCHEDULE
A BILL
i n t i t u l e d
An Act to provide for the establishment of the Suruhanjaya Pengangkutan Awam Darat towards achieving a safe, reliable, responsive, accessible, efficient, planned, integrated and sustainable land public transport, while ensuring the provision of affordable services for the carriage of passengers and competitive services for the carriage of goods and for related matters.
[ ]
ENACTED by the Parliament of Malaysia as follows:
PART I
PRELIMINARY
1. Short title, commencement and application
(1) This Act may be cited as the Suruhanjaya Pengangkutan Awam Darat Act 2010.
(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.
2. Interpretation
In this Act, unless the context otherwise requires:-
"members" means the Chairman and other members of the Commission appointed under section 5;
"Government Entity" means:-
(a) the Federal Government, or any State Government, State Authority or local government; and
(b) any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporate, of the Federal Government, or of any State Government or local government, whether established under written law or otherwise;
"committee" means a committee established by the Commission under section 13;
"goods vehicle" has the meaning assigned to it in section 2 of the Land Public Transport Act 2010 [Act ];
"tourism vehicle" has the meaning assigned to it in section 2 of the Land Public Transport Act 2010;
"public service vehicle" has the meaning assigned to it in section 2 of the Land Public Transport Act 2010;
"railway" has the meaning assigned to it in section 2 of the Land Public Transport Act 2010;
"Chief Executive Officer" means the Chief Executive Officer of the Commission appointed under section 23;
"Fund" means the Suruhanjaya Pengangkutan Awam Darat Fund established under section 29;
"Minister" means the Prime Minister;
"Minister of Finance" means the Minister responsible for finance;
"persons with disabilities" has the meaning assigned to it in section 2 of the Persons with Disabilities Act 2008 [Act 685];
"appointed officer" has the meaning assigned to it in section 2 of the Land Public Transport Act 2010;
"employees" means any person employed by the Commission under section 25, and includes the Chief Executive Officer;
"land public transport" means the transport on land by means of land public passenger transport and land public freight transport, and includes land public transport services, terminals, facilities, networks, systems, operations and other services associated with such transport or land public transport services;
"land public freight transport" means the carriage of goods on land by means of a goods vehicle or railway;
"land public passenger transport" means the carriage of passengers,
including their luggage, on land by means of a public service vehicle, tourism vehicle or railway;
"licensed operator" has the meaning assigned to it in section 2 of the Land Public Transport Act 2010;
"Chairman" means the Chairman of the Commission appointed under section 5;
"land public transport service" means:-
(a) the carriage of passengers by means of land public passenger transport; and
(b) the carriage of goods by means of land public freight transport;
"universal design" has the meaning assigned to it in section 2 of the Persons with Disabilities Act 2008;
"Commission" means the Suruhanjaya Pengangkutan Awam Darat established under section 3;
"appointed date" means the date appointed by the Minister under subsection 1(2);
"land public transport laws" means this Act and the Land Public Transport Act 2010, and includes any subsidiary legislation made under those laws.
PART II
THE COMMISSION
3. Establishment of the Commission
(1) A body corporate by the name of "Suruhanjaya Pengangkutan Awam Darat" is established.
(2) The Commission shall have perpetual succession and 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;
(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.
4. Common seal
(1) The Commission shall have a common seal which shall bear a device 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 Pengangkutan Awam Darat" may be used and shall be deemed to be the common seal of the Commission.
(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 such person as may be authorized by the Chairman in writing.
(4) All deeds, documents and other instruments purporting to be sealed with the seal and duly authenticated shall, until the contrary is proven, be deemed to have been validly executed.
(5) Any deed, document or 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 any other person authorized by the Commission on behalf of the Commission.
(6) The common seal of the Commission shall be officially and judicially noticed.
5. Membership of the Commission
The Commission shall consist of the following members who shall be appointed by the Minister:
(a) the Chairman;
(b) the Chief Executive Officer;
(c) not more than five representatives of the Government; and
(d) not less than three but not more than five other members who in the opinion of the Minister have knowledge and experience and shown capacity and professionalism in matters relating to land public transport or any other suitable qualification as the Minister may determine.
6. Schedule
(1) The provisions of the Schedule shall apply to members of the Commission.
(2) The Minister may amend the Schedule by order published in the Gazette.
7. Approval to hold other offices
A member of the Commission shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the Minister’s prior written approval.
8. Tenure of office
(1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Commission shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years and is eligible for reappointment.
(2) This section shall not apply to the Chief Executive Officer.
9. Remuneration and allowances
(1) The Chairman shall be paid such remuneration and allowances as the Minister may determine.
(2) All other members of the Commission shall be paid allowances at such rates as the Minister may determine.
10. Revocation of appointment and resignation
(1) The Minister may, at any time, revoke the appointment of any member of the Commission.
(2) A member of the Commission may, at any time, resign from his appointment by giving notice in writing to the Minister.
11. Vacation of office
The office of a member of the Commission shall be vacated:-
(a) if he dies;
(b) if he has been convicted of an offence;
(c) if he becomes a bankrupt;
(d) if he is of unsound mind or is otherwise incapable of discharging his duties;
(e) in the case of the Chairman, if he absents himself from three consecutive meetings of the Commission without leave in writing from the Minister; or
(f) 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 from the Chairman.
12. Temporary exercise of functions of the Chairman
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.
13. Committees
(1) The Commission may establish any committee as it considers necessary or expedient to assist it in the performance of its functions.
(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 on such conditions and 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.
(6) The chairman of a committee may, at any time, resign by giving notice in writing to the Commission.
(7) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.
(8) The Commission may, at any time, discontinue or alter the constitution of a committee.
(9) A committee may regulate its own procedure.
(10) A committee shall be subject to, and act in accordance with, any direction given to it by the Commission.
(11) The meetings of a committee shall be held at such times and places as the chairman of the committee may determine.
(12) A 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 Commission as soon as practicable.
(13) 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.
(14) The members of a committee and any person invited under subsection (13) shall be paid such allowances and other expenses as the Commission may determine.
14. Disclosure of interest
(1) A member of the Commission or any committee established under section 13 who has or acquires a direct or indirect interest whether 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 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:-
"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.
PART III
FUNCTIONS AND POWERS OF THE COMMISSION
15. Functions of the Commission
The Commission shall have all the functions conferred on it under the land public transport laws and shall also have the following functions:
(a) to advise the Minister on all matters relating to land public transport, including matters in connection with the exercise of its functions under the land public transport laws;
(b) to promote, encourage, facilitate and implement a safe, reliable, responsive, efficient, planned, integrated and sustainable land public transport;
(c) to promote, encourage, facilitate and implement the provision of affordable services for the carriage of passengers by public service vehicles and railways and competitive services for the carriage of goods by land public freight transport;
(d) to advise the Minister on policies and plans, including schemes and programmes in respect of land public transport and develop strategies in line with such policies and plans, including those relating to:-
(i) the provision, development, improvement and expansion of land public transport in line with anticipated user demand;
(ii) the enhancement of safety, reliability and efficiency of land public transport services through the formulation, implementation and monitoring of minimum performance standards;
(iii) the promotion and improvement of co-ordination, integration and accessibility within the land public transport system;
(iv) the competition framework in respect of the supply of land public transport services; and
(v) travel demand management mechanisms;
(e) to assist the Minister in developing a national master plan and regional master plans or other policy documents or plans requested by the Minister from time to time, for land public transport and review, revise and where relevant, implement any part of the same falling within the scope of its functions and powers under the land public transport laws and assist the Minister in monitoring the extent of the implementation of the same by other Government Entities exercising their functions and powers under other written laws or otherwise;
(f) to advise the Minister on fair and efficient structures or mechanisms for fares imposed on passengers of public service vehicles and railways, that are affordable to passengers and fair to licensed operators, having regard to relevant considerations, including the standard and quality of services provided;
(g) to advise the Minister on competitive structures or mechanisms for land public freight transport, having regard to relevant considerations, including the standard and quality of services provided and operator viability;
(h) to supervise and regulate land public transport in accordance with the land public transport laws;
(i) to implement and enforce the land public transport laws;
(j) to review land public transport laws and any other law affecting land public transport and make the necessary recommendations to the Government;
(k) to promote, facilitate, encourage and implement the use of new technology for the improvement of environmental performance or compliance of the land public transport and to regulate the same;
(l) to investigate and review railway accidents and incidents in accordance with and subject to its functions under the Land Public Transport Act 2010 and to take such responsive action as it considers necessary;
(m) to conduct inquiries on, carry out surveys and research on, collate, analyse and publish information, statistics and factors influencing or relevant to, the development or improvement of land public transport, including the relieving of road congestion or for the better carrying out of the Commission’s functions;
(n) to foster and promote better understanding of policies, plans, strategies, schemes and programmes contained in the master plan on land public transport described in paragraph (e), whether solely or jointly with other Government Entities or any other person;
(o) to issue guidelines or circulars in relation to the implementation and enforcement of the provisions of the land public transport laws;
(p) to recommend to the relevant Government Entities such policies, laws and actions to be applied by them to facilitate the achievement of a safe, reliable, responsive, efficient, planned, integrated and sustainable land public transport;
(q) to advise or provide guidance or recommendations to the relevant Government Entities in relation to the integration of land use and land public transportation planning and policies;
(r) to promote and facilitate conformity of land public transport facilities, amenities and services with universal design to facilitate their access and use by persons with disabilities;
(s) to perform such other functions as are conferred on the Commission by the land public transport laws; and
(t) to carry out all such activities and do all such things as may appear to the Commission requisite, advantageous or convenient for the purpose of carrying out or in connection with the performance of its functions under the land public transport laws.
16. Powers of the Commission
(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 land public transport laws.
(2) Without prejudice to the generality of subsection (1), the powers of the Commission shall include the power:-
(a) to utilise all the property of the Commission, movable and immovable, in such manner as the Commission thinks 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;
(d) to grant loans and scholarships to employees of the Commission for such purposes as may be approved by the Minister;
(e) to formulate and implement programmes for the proper and effective performance of the Commission’s functions, including programmes for human resource development, funding and co-operation;
(f) to co-operate with Government Entities or any other body corporate for the purpose of performing the Commission’s functions; and
(g) to do anything incidental to any of its functions.
17. Arrangements with Government Entities
(1) Subject to subsection (2), the Commission may enter into an agreement or arrangement with any Government Entity concerning:-
(a) the carrying out by the Commission and the Government Entity of any of their respective functions and powers; or
(b) the carrying out or provision by the Government Entity, on behalf of the Commission, of any works or services.
(2) Any agreement or arrangement entered into under subsection (1) shall be:-
(a) with the consent of the Minister in the case of a Federal Government Entity;
(b) with the consent of the respective State Government in the case of a State Government Entity; and
(c) subject to and in accordance with the laws governing the functions and powers of the relevant Government Entity.
18. Responsibility of Government Entities
It shall be the responsibility of every Government Entity to:-
(a) co-operate with and assist the Commission, including to provide such information within their control or ability to procure, as may be required by the Commission and any appointed officer in the performance of the Commission’s functions and in the exercise of its powers under the land public transport laws; and
(b) where relevant, refer to and utilise the information and statistics disseminated by the Commission in the performance of the Government Entity’s functions and in the exercise of its powers.
19. Delegation of the Commission’s functions and powers
(1) The Commission may, in writing, delegate any of its functions and powers under the land public transport laws, except the power to make subsidiary legislation, to:-
(a) a member of the Commission;
(b) a committee; and
(c) any employee of the Commission.
(2) Any person delegated with such function or 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.
20. Direction by Minister
(1) The Commission shall be responsible to the Minister.
(2) The Minister may give to the Commission directions of a general character, consistent with the provisions of the land public transport laws, relating to the performance of the functions and powers of the Commission and the Commission shall give effect to such directions.
21. Returns, reports, accounts and information
(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.
22. Commission may establish and participate in body corporate
The Commission may, with the approval of the Minister and the concurrence of the Minister of Finance, establish and participate in any body corporate for the purpose of promoting the service level standards in relation to land public transport or for such other purposes deemed necessary to promote the development and improvement of land public transport.
PART IV
EMPLOYEES OF THE COMMISSION
23. Chief Executive Officer
(1) The Minister shall appoint a Chief Executive Officer on such terms and conditions, and who shall be paid such remuneration and allowances, as he thinks desirable.
(2) The Commission shall vest in the Chief Executive Officer such power 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 other duties as the Commission may, from time to time, direct.
(6) In discharging his duties, the Chief Executive Officer shall act under the general authority and direction of the Commission.
(7) The Chief Executive Officer shall be an employee of the Commission.
24. Temporary exercise of the functions of Chief Executive Officer
The Minister may appoint any employee of the Commission to act as the Chief Executive Officer during any period when:-
(a) the office of the Chief Executive Officer is vacant;
(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.
25. Appointment of employees of the Commission
The Commission may, from time to time, appoint and employ such number of employees as it thinks desirable and necessary and upon such terms as it considers appropriate for carrying out the purposes of the land public transport laws.
26. Conditions of service
The Commission may, with the approval of the Minister, determine the conditions of service of its employees.
27. Payment of retirement benefits, etc
The Commission may make arrangements for the payment to its employees and their dependants of such retirement benefits, pensions, gratuities and other allowances as the Commission may determine.
28. Loans, scholarships and advances
The Commission may grant loans, scholarships and advances to its employees for such purposes and on such terms as the Commission may determine.
PART V
FINANCE
29. Suruhanjaya Pengangkutan Awam Darat Fund
(1) A fund to be known as the "Suruhanjaya Pengangkutan Awam Darat 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 from time to time by Parliament;
(b) all or any part of the operators’ licence fees or other fees, administrative charges or other charges imposed by or payable to the Commission under the land public transport laws;
(c) all moneys derived as income from investments by the Commission;
(d) all moneys derived from the sale, disposal, lease or hire of, or any other dealing with, any property, mortgages, charges or debentures vested in or acquired by the Commission;
(e) all 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;
(f) any costs paid to, or recovered by, the Commission in any settlement of action or proceedings, civil or criminal;
(g) all moneys borrowed by the Commission under section 33; and
(h) all other moneys lawfully received by the Commission, but shall not include moneys or sums which are payable into the Land Public Transport Fund established under the Land Public Transport Act 2010.
30. Expenditure to be charged on the Fund
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, scholarships and advances, superannuation allowances, retirement benefits, pensions, gratuities and other benefits;
(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 land public transport laws;
(d) purchasing or hiring equipment, machinery and any other materials, acquiring land and any assets, and erecting buildings, and carrying out any other works and undertakings in the performance of its functions or in the exercise of its powers under the land public transport laws;
(e) repaying any moneys borrowed under section 33 and the interest due on the borrowed moneys; and
(f) generally, paying any expenses for carrying into effect the provisions of the land public transport laws.
31. Conservation of the Fund
It shall be the duty of the Commission to conserve the Fund by so performing its functions and exercising its powers under this Act as to secure that the total revenues 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.
32. Bank accounts
The Commission shall open and maintain an account or accounts with such bank or banks in Malaysia as the Commission thinks fit.
33. Power to borrow
The Commission may, from time to time, borrow in such form and on such terms 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.
34. Investment
The moneys of the Commission shall, in so far as they are not immediately required to be expended by the Commission under this Act, be invested in such manner as the Minister may, with the concurrence of the Minister of Finance, approve.
35. Limitation on contracts
The Commission shall not, without the approval of the Minister and the concurrence of the Minister of Finance, enter into any contract under which the Commission is to pay or receive an amount exceeding ten million ringgit.
36. Financial procedure
Subject to this Act and approval of the Minister, the Commission shall determine its own financial procedure.
37. Financial year
The financial year of the Commission shall begin on 1 January and end on 31 December of each year.
PART VI
GENERAL
38. Prosecution
(1) A prosecution for any offence under this Act shall not be instituted except by or with the consent in writing of the Public Prosecutor.
(2) Any employees of the Commission authorized in writing by the Public Prosecutor may conduct the prosecution for any offence under this Act.
39. Public servant
All members of the Commission and of any committee, and employees and agents of the Commission, while discharging their duties under this Act as such members, employees or agents, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
40. Protection against suits and legal proceedings
No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against:-
(a) the Commission; or
(b) any member of the Commission or of the committee, any employee or agent of the Commission,
in respect of any act, neglect or default done or committed by it or him in good faith or any omission omitted by it or him in good faith, in such capacity.
41. Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or against 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 it or him in good faith or any omission by it or him in good faith, in such capacity.
42. Obligation of secrecy
(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 which is not published in pursuance of the land public transport laws; and
(b) no other person who has by any means access to any information or document 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.
43. Representation in civil proceedings
Notwithstanding the provisions of any other written law:-
(a) in any civil proceedings by or against the Commission;
(b) in any civil proceedings against any employee in relation to the performance of his functions under the land public transport laws; or
(c) 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 or the said employee, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of such proceedings on behalf of the Commission or employee.
44. Power to make regulations
The Minister may make regulations as may be expedient or necessary for giving full effect or the better carrying out of the provisions of the Act.
45. Power to employ
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, the exercise of its powers or for the better carrying into effect the purposes of this Act.
46. Employment of government employees
(1) The Commission shall, on the appointed date, accept into its employment every person who immediately before that date is in the employment or service of:-
(a) the Commercial Vehicles Licensing Board Peninsular Malaysia; and
(b) the Department of Railways, Ministry of Transport, who was given an option by the Government of Malaysia and has opted to serve as an employee of the Commission.
(2) Every such person who opts under subsection (1) to serve as an employee of the Commission shall be employed by the Commission on terms and conditions of service not less favourable than the terms and conditions of service to which he was entitled to immediately before the appointed date.
(3) Until such time as the terms and conditions of service of its employees are drawn up by the Commission, the scheme and terms and conditions of service of employees of the Commercial Vehicles Licensing Board Peninsular Malaysia or Department of Railways, Ministry of Transport, as the case may be, shall continue to apply to every person employed by the Commission under subsection (1).
47. Things done in anticipation of the enactment of this Act
All things done by any person or authority on behalf of the Commission in the preparation of and towards the proper implementation or administration of any of the provisions 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, on the appointed date, be deemed to be the rights and obligations of the Commission.
SCHEDULE
[Section 6]
1. Times and places of meetings
(1) The Commission shall 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 two members of the Commission.
2. Quorum
The Chairman and at least half of the other members of the Commission shall form a quorum at any meeting of the Commission.
3. Casting vote
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.
4. Commission may invite others to meetings
(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.
5. Minutes
(1) The Commission shall cause minutes of all its meetings to be maintained and kept in proper form.
(2) The minutes 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.
(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.
6. Procedure
The Commission may regulate its own procedure.
7. Validity of acts and proceedings
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 Commission; or
(b) any omission, defect or irregularity not affecting the merits of the case.
8. Members to devote time to business of Commission
The members of the Commission shall devote such time to the business of the Commission as is necessary to discharge their duties effectively.
EXPLANATORY STATEMENT
The proposed Suruhanjaya Pengangkutan Awam Darat Act 2010 ("the proposed Act") seeks to establish the Suruhanjaya Pengangkutan Awam Darat with powers to regulate land public transport and to enforce the land public transport laws towards achieving a safe, reliable, responsive, accessible, efficient, planned, integrated, affordable, competitive and sustainable land public transport.
PART I
2. Part I deals with preliminary matters.
3. Clause 1 contains the short title of the proposed Act and empowers the Minister to appoint the date for the coming into operation of the proposed Act. This clause states clearly that the proposed Act applies only to Peninsular Malaysia.
4. Clause 2 contains the definitions of certain words used in the proposed Act.
PART II
5. Part II contains provisions relating to the establishment of the Commission.
6. Clause 3 provides for the establishment of the Commission.
7. Clause 4 allows the Commission to have a common seal.
8. Clause 5 contains provisions on the membership of the Commission which shall not exceed twelve members.
9. Clause 6 provides for the procedures to be adhered to by the Commission which are set out in the Schedule.
10. Clause 7 requires a member of the Commission to seek the prior approval of the Minister before holding any other office.
11. Clause 8 deals with the tenure of office of members of the Commission.
12. Clause 9 provides for the payment of remuneration and allowances to members of the Commission.
13. Clause 10 provides for the revocation of appointment of members of the Commission and their resignation.
14. Clause 11 sets out the situations in which the office of a member of the Commission is vacated.
15. Clause 12 empowers the Minister to appoint temporarily any member of the Commission, other than the Chief Executive Officer, to exercise the functions of the Chairman where the office of the Chairman is vacant or when the Chairman is absent or unable to perform his functions.
16. Clause 13 empowers the Commission to establish committees to assist it.
17. Clause 14 requires a member of the Commission or any committee established by the Commission to disclose his interest in any matter under discussion by the Commission or committee. Non-disclosure is an offence and is subject to a penalty.
PART III
18. Part III deals with the functions and powers of the Commission.
19. Clauses 15 and 16 set out the functions and powers of the Commission.
20. Clause 17 allows the Commission to enter into an agreement or arrangement with any Government Entity concerning the carrying out of their respective functions and powers or any works or services. Any such agreement or arrangement shall be subject to the law governing the functions and powers of the Government Entity concerned.
21. Clause 18 sets out certain responsibilities of Government Entities to co-operate with and assist the Commission.
22. Clause 19 allows the Commission to delegate such functions and powers to a member of the Commission, a committee of the Commission or an employee of the Commission.
23. Clause 20 confers on the Minister the power to issue directions to the Commission.
24. Clause 21 places a duty on the Commission to furnish certain returns, reports, accounts and information to the Minister or any public authority.
25. Clause 22 allows for the Commission, with the approval of the Minister and the concurrence of the Minister of Finance, to establish and participate in any body corporate for purposes of promoting service level standards and development and improvement of land public transport.
PART IV
26. Part IV deals with the employees of the Commission.
27. Clause 23 sets out the duties of the Chief Executive Officer of the Commission.
28. Clause 24 empowers the Minister to appoint temporarily any employee of the Commission to exercise the duties of the Chief Executive Officer where the office of the Chief Executive Officer is vacant or when the Chief Executive Officer is absent or unable to perform his functions.
29. Clause 25 provides for the appointment of the employees of the Commission.
30. Clause 26 allows the Commission to determine the conditions of service of its employees subject to the approval of the Minister.
31. Clauses 27 and 28 deal with the power of the Commission to make arrangements for payments for retirement benefits, pensions, gratuities and other allowances to its employees and their dependants, and to grant loans, scholarships and advances to its employees.
PART V
32. Part V contains financial provisions.
33. Clause 29 provides for the establishment of the "Suruhanjaya Pengangkutan Awam Darat Fund" ("the Fund").
34. Clause 30 sets out the expenditure that may be charged to the Fund.
35. Clause 31 places a duty on the Commission to conserve the Fund.
36. Clause 32 allows the Commission to open and maintain bank accounts.
37. Clause 33 enables the Commission to borrow money.
38. Clause 34 allows the Commission to invest the moneys of the Commission.
39. Clause 35 provides that the Commission shall not enter into any contract exceeding ten million ringgit without the approval of the Minister and the concurrence of the Minister of Finance.
40. Clause 36 allows the Commission to determine its own financial procedure.
41. Clause 37 states that the financial year of the Commission shall begin on 1 January and end on 31 December of each year.
PART VI
42. Part VI contains general provisions.
43. Clause 38 provides for the institution and conduct of prosecution of offences under the proposed Act.
44. Clause 39 states that the members of the Commission, members of the committees, employees and agents of the Commission are deemed to be public servants within the meaning of the Penal Code.
45. Clause 40 seeks to provide for the protection of the Commission, any member of the Commission, any member of a committee and any employee and agent of the Commission in respect of any act, neglect, default or omission done or omitted by it or him in good faith in such capacity.
46. Clause 41 confers the protection afforded in the Public Authorities Protection Act 1948 to any action, suit, proceedings or prosecution against members of the Commission and committees, and employees and agents of the Commission.
47. Clause 42 deals with the provision relating to the duty to maintain secrecy.
48. Clause 43 deals with representation in civil proceedings.
49. Clause 44 seeks to empower the Minister to make regulations under the proposed Act.
50. Clause 45 empowers the Commission to employ agents and technical advisers.
51. Clause 46 deals with the employment of the employees of the Commercial Vehicles Licensing Board Peninsular Malaysia and Department of Railways, Ministry of Transport, as employees of the Commission.
52. Clause 47 provides for the validity of acts done in anticipation of the enactment of the proposed Act.
FINANCIAL IMPLICATIONS
This Bill will involve the Government in extra financial expenditure the amount of which cannot at present be ascertained.