Establishment and incorporation of Penang Port Commission
There shall be established for the purposes of this Act a body, to be known as the Penang Port Commission, which shall be a body corporate with perpetual succession, and may sue and be sued in its said name.
Common seal
The Commission shall have a common seal, and the seal may from time to time be broken, changed, and made anew as to the Commission seems fit; and all deeds, documents and other instruments requiring the seal of the Commission shall be sealed with the seal of the Commission in the presence of the Chairman, and of the Secretary to the Commission or some other person authorized by the Commission to act in that behalf who shall sign every such deed, document or other instrument to which the seal is affixed, and such signing shall be sufficient evidence that the seal was duly and properly affixed and that the same is the lawful seal of the Commission.
Constitution of the Commission
(1) The Commission shall consist of— (a) a Chairman, who shall be appointed by and shall hold office during the pleasure of the Yang di-Pertuan Agong; (b) the General Manager; and (c) not less than five or more than nine members, who shall be appointed by the Minister: Provided that if the Chairman be also the General Manager— (i) the maximum number of members under paragraph (c) shall be ten; and (ii) the Chairman shall have no vote in his capacity as General Manager. (2) Subject to this Act the member of the Commission other than the Chairman and the General Manager shall hold office for such term and subject to such conditions as the Minister shall determine. (3) The Minister may appoint any person to be a temporary member of the Commission during the temporary incapacity through illness or during the temporary absence from Malaysia of any member. (4) The Yang di-Pertuan Agong may appoint a person whether a member of the Commission or not to be temporary Chairman of the Commission, during the temporary incapacity through illness or during the temporary absence from Malaysia of the Chairman, and the person so appointed may perform all the duties and exercise all the powers of the Chairman. (5) If at any time it appears to the Yang di-Pertuan Agong that removal from office of all or any of the members of the Commission is necessary in the interests of the effective and economical performance of the functions of the Commission under this Act, the Yang di-Pertuan Agong may remove from office, without assigning any reason therefor, all or so many of the members of the Commission as the Yang di-Pertuan Agong considers necessary in the interests aforesaid. (6) The Minister may, at any time, accept the resignation of any member of the Commission. (7) The Chairman may, by instrument in writing, authorize any person to exercise any power or perform any function conferred upon the Chairman by or under this Act.
Disqualification of members
Any member of the Commission, other than the Chairman or the General Manager, who at any time after his appointment as a member shall— (a) be adjudged bankrupt; or (b) be absent from Malaysia for a longer period than three months without leave of absence granted by the Minister, shall thereupon cease to a member of the Commission.
Members eligible for reappointment
Any person ceasing to be a member of the Commission shall, unless disqualified by being adjudged bankrupt, be eligible for reappointment.
Salaries and fees payable to members of Commission
There shall be paid to members of the Commission, out of the funds of the Commission, such salaries, fees and allowances for expenses as the Minister may from time to time determine.
Committees
(1) The Commission may delegate any of its powers to the General Manager or to committees consisting of such members as it shall think fit. (2) Any committee so formed shall conform to any instructions that are from time to time given to it by the Commission, and the Commission may at any time discontinue or alter the constitution of any committee so formed.
Vacancies and irregularities in appointments
(1) The Commission may act notwithstanding any vacancy in its membership. (2) No act of the Commission, or of any committee shall be invalid by reason only of some defect in the appointment of any member of the Commission or of the committee, or on the ground that any person acting as a member thereof has ceased to be a member of the Commission or of the committee.
Members not to vote on matters in which they are interested
(1) A member shall not at any meeting of the Commission, or of a committee thereof, take part in any discussion of, or vote in respect of any contract or arrangement proposed to be entered into by the Commission in which he or any company of which he is a director or manager or any firm in which he is a partner has directly or indirectly any interest. (2) A member shall not be deemed to have a share or interest in any such contract or arrangement by reason only of his being a shareholder in a company with which it is proposed that the Commission should enter into a contract or arrangement unless he has a controlling interest in the company.
Quorum and proceedings of Commission
The quorum at all meetings of the Commission shall be five, and subject as aforesaid the Commission may make standing orders regulating its own procedure generally, and the procedure of any committee formed in accordance with section 9 and, in particular, regarding the holding of meetings, the notice to be given of meetings, the proceedings thereat, the keeping of minutes, the custody, production and inspection of minutes, and the opening, keeping, closing and audit of accounts.
Powers of Minister in relation to Commission
(1) The Minister may, after consultation with the Commission, give to the Commission directions of a general character and not inconsistent with this Act as to the exercise and performance of its functions in relation to matters which appear to him to affect the interests of Malaysia and the Commission shall give effect to all such directions. (2) In framing programmes of reorganization or development involving substantial capital outlay the Commission shall act on lines settled from time to time with the approval of the Minister. (3) The Commission shall furnish the Minister with such returns, accounts and other information with respect to its property and activities as he may from to time require. (4) Without prejudice to subsection (3), the Commission shall, as soon as possible after the end of each financial year of the Commission, make to the Minister a report on the exercise and performance of its functions during that year and on its policy and programme, and the Minister shall lay a copy of the report before the Dewan Rakyat.
Port Consultative Committee
(1) The Minister shall appoint a Port Consultative Committee which shall consist of— (a) the Chairman; and (b) such members as may from time to time be appointed by the Minister. (2) Subject to this Act the members of the Consultative Committee other than the Chairman shall hold office for such term and subject to such conditions as the Minister may determine. (3) In appointing the members of the Consultative Committee, the Minister shall have regard to the due representation thereon of the users of the port and of persons providing port services. (4) The Commission may consult the Consultative Committee upon any matter concerning the port and shall consult the Consultative Committee upon the following matters: (a) any substantial alteration in the scales of rates framed by the Commission; (b) any substantial change in the organization of the Commission; and (c) any major scheme relating to the expansion or development of the port. (5) The Minister may require the Commission to consult the Consultative Committee upon any matter. (6) The Chairman shall cause a copy of the minutes of meetings of the Consultative Committee to be transmitted to the Minister. (7) The Minister may appoint any person to be a temporary member of the Consultative Committee during the temporary incapacity through illness or during the temporary absence from Malaysia of any member. (8) If at any time it appears to the Minister that removal from office of all or any of the members of the Consultative Committee is necessary he may remove from office, without assigning any reason therefor, all or so many of the members of the Consultative Committee as the Minister considers necessary. (9) The Minister may at any time accept the resignation of any member of the Consultative Committee. Officers and Servants
Appointment of officers and servants
The Commission may from time to time appoint and employ, at such remuneration and on such terms and conditions as it may think fit, such officers and servants as may be necessary, in the opinion of the Commission, for the purposes of this Act: Provided that the appointment of a person to be the General Manager or Assistant General Manager shall not be made without the approval of the Minister.
Establishment of a port security force
(1) The Commission may, with the approval of the Minister, establish a security force for keeping order and security within the area vested or deemed to be vested in, or in the possession or under the control of, the Commission. (2) The security force shall consist of such persons as may be appointed under section 14 of this Act. (3) Notwithstanding any written law to the contrary, a member of the security force shall have the power to arrest without warrant any person found without lawful excuse within the area vested in, or in possession or under the control of, the Commission. (4) Every person arrested pursuant to subsection (3) shall be taken to the nearest police station and produced before the Magistrate within twenty-four hours and shall thereafter be dealt with as provided by the Criminal Procedure Code [Act 593]. (5) Any regulations made under section 15 shall unless expressly excluded therein apply to members of the security force established under this section.
Commission to frame regulations governing conditions of service
(1) The Commission shall frame regulations governing the conditions of service of its officers and servants. (2) Without prejudice to the generality of subsection (1) the regulations may provide for— (a) (Deleted by Ord. 17 of 1957); (b) regulating the grant of leave to the Commission’s officers and servants; (c) authorizing the payment of allowances to the officers and servants while absent on leave; (d) determining the remuneration to be paid to the persons appointed to act for any such officers or servants during their absence on leave; (e) regulating the period of service of all such officers and servants; and (f) determining the conditions under which gratuities or compassionate allowances may be paid to the officers and servants injured or to the surviving relatives of any of such officers or servants, killed in the execution of their duty. (3) The regulations made under this section shall not come into operation until they have been submitted to and approved by the Minister and been published in the Gazette.
Provident fund, pensions and superannuation schemes
(1) With the approval of the Minister the Commission may— (a) establish, maintain, administer or continue to maintain and administer and subsequently wind up a provident fund for the benefit of its officers and servants or any section of its officers and servants and make regulations in respect thereof; (b) enter into arrangements or agreements with any port authority established and incorporated in Singapore in respect of the Port of Singapore for the establishment, maintenance and administration and subsequent winding up of a joint provident fund for the benefit of the said officers and servants and of the officers and servants or a section of the officers and servants of the Singapore port authority and may subject to any such arrangement or agreement, make regulations in respect thereof; (c) establish, maintain and administer a pension scheme for the provision of payments of pensions, gratuities or other allowances on superannuation, resignation, retirement or discharge of officers and servants of the Commission or any section of those officers and servants and for the establishment and maintenance of a pension fund and may make regulations in respect thereof; (d) establish and administer a superannuation scheme for the granting of such gratuities and allowances on death, superannuation, resignation, retirement or discharge of subordinate officers and servants of the Commission as may be deemed expedient and for the granting of such gratuities and allowances as may be deemed expedient to any one or more of the surviving dependants of any person who having been employed as a subordinate officer or servant of the Commission dies after having been superannuated or discharged or after having resigned or retired; and may make regulations in respect thereof; and (e) establish, maintain and administer a scheme to provide for retirement of and the payment of compensation for loss of career, pensions, gratuities and other like allowances to officers and servants of the Commission whose services are terminated before the attainment by the officers and servants of the age at which they would normally have retired from the service of the Commission; and may make regulations in respect thereof, which regulations may be in addition to or have reference to any other fund or scheme established under this section or continued by virtue of section 107. (2) No gratuity, allowance or other payment payable out of any such provident fund or joint provident fund or under any such pension or superannuation scheme nor any right or interest acquired by any person thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Commission. (3) Any moneys paid out of any such provident fund or joint provident fund on the death of any person shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of the deceased person, but shall not be deemed to form part of his estate or be subject to his debts. (4) Any person may by will or by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such provident fund or joint provident fund and may make provision for the appointment of a new trustee or new trustees of those moneys and for the investment thereof. (5) If at the time of the death of any person or at any time afterwards there is not trustee of those moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees, or a new trustee or new trustees may be appointed by the High Court or a Judge thereof. (6) The receipt of a trustee or trustees duly appointed or in default of any such appointment and of written notice thereof to the Commission the receipt of the legal personal representative of a deceased person shall be a discharge to the Commission for any moneys payable on his or her death out of any such provident fund or joint provident fund. (7) Any officer or servant of the Commission who is a contributor to any such provident fund or joint provident fund shall, if he is dismissed the service of the Commission for fraud or dishonesty or misconduct, which involves pecuniary loss to the Commission, or retires from or resigns his office with intent to escape discharge or dismissal in consequence of the fraud, dishonesty or misconduct, forfeit, at the absolute discretion of the Commission, all or any part of his contribution to the fund and the interest accrued thereon and the accumulations thereof as the Commission in its discretion thinks fit. (8) Any employee of the Commission who would otherwise be entitled to any benefit under any such pension scheme shall, if he is dismissed the service of the Commission for fraud or dishonesty or misconduct, which involves pecuniary loss to the Commission, or retires from or resigns his office with intent to escape discharge or dismissal in consequence of the fraud, dishonesty or misconduct forfeit and lose the whole or such part of the benefit as the Commission may in its absolute discretion direct. (9) With the approval of the Minister the Commission may, in its discretion, in consideration of long or special services of any officer or servant of the Commission whose case does not come within the scope and effect of the Commission’s provident fund pension scheme or superannuation scheme regulations, pay to the officer or servant, on his retirement or discharge, or to any surviving dependants of the officer or servant, upon his death, a gratuity or compassionate allowance on such terms and conditions as the Commission may determine. (10) Any regulations made under subsection (1)(b) may notwithstanding section 20 of the Interpretation Acts 1948 and 1967 [Act 388], be made to operate retrospectively to any date whether before or after the commencement of this Act.
General Manager
The Commission shall appoint a General Manager of the undertaking of the Commission who shall be the principal executive officer of the Commission and who shall, subject to the directions of the Commission, exercise supervision and control over the acts and proceedings of all officers and servants of the Commission in matters of executive administration, and in matters concerning the accounts and records of the Commission and subject to any regulations made under section 15, dispose of all questions relating to the service of those officers and servants and their pay, privileges and allowances.
Appointments, etc., of officers and servants
(1) Subject to any regulations made under section 15, the power of appointing, promoting, suspending, dismissing, fining, reducing or granting leave to the officers and servants of the Commission shall be exercised by the Chairman: Provided that in the case of Groups A and B officers the powers, with the exception of the power of suspension, shall not be exercised without the previous approval of the Commission. (2) The power of dispensing with the services of any officer or servant of the Commission for any reason other than the misconduct of the officer or servant, or of permitting any such officer or servant to retire on a gratuity or compassionate allowance shall, subject to the aforesaid provisions, be exercised by the Commission alone. (3) Any officer or servant aggrieved by any decision of the Chairman in the exercise of his powers under subsection (1) may appeal to the Commission.
Officers to be deemed public servants
All members, officers and servants of the Commission shall be deemed to be public servants within the meaning of the Penal Code.
Public authorities protection
The Public Authorities Protection Act 1948 [Act 198], shall apply to any action, suit, prosecution or proceeding against the Commission, or against any member, officer, servant or agent of the Commission in respect of any act, neglect or default done or committed by him in that capacity. Contracts
Power of Commission to enter into contracts for carrying on current business
(1) The Commission may enter into contracts for the execution of any work , or the supply, sale or purchase of material, stores or goods, or the providing or obtaining of labourers, or into any other contracts necessary or proper for carrying on the current business of the Commission. (2) Any such contract may be entered into by the General Manager on behalf of the Commission; but if it involves an expenditure by the Commission of a sum exceeding two hundred and fifty thousand ringgit the General Manager shall forthwith report to the Commission in writing, that he has entered into it. (3) If any such contract requires for any reason to be reduced into writing it shall, in order to become binding on the Commission— (a) if it does not involve an expenditure by the Commission of a sum exceeding two hundred and fifty thousand ringgit, be signed by the General Manager on behalf of the Commission; and (b) if it involves an expenditure by the Commission of a sum exceeding two hundred and fifty thousand ringgit, be sealed with the common seal of the Commission.
Power of Commission to enter into contracts involving capital expenditure
(1) The Commission may sanction permanent new works and enter into other contracts involving capital expenditure. (2) No such work shall be commenced or contract entered into— (a) if the sum estimated to be required on the new work, or in respect of the contract, exceeds two hundred and fifty thousand ringgit, until a plan and estimate thereof have been submitted to, and approved by, the Commission; and (b) if the sum estimated to be required on the new work or in respect of the contract, exceeds five million ringgit, until a plan and estimate thereof have been submitted to, and approved by, the Minister. (3) All contracts involving capital expenditure estimated to exceed two hundred and fifty thousand ringgit, shall be reduced into writing, and shall not be binding on the Commission unless sealed with the common seal of the Commission.
Power to compromise
The Commission may compound or compromise for or in respect of any claim or demand made against it, for such sum of money or other compensation as it deems sufficient.
Power to make loans to officers and servants
(1) The Commission may make loans to officers or servants of the Commission for the purpose of buying freehold land or land held under statutory grant or leasehold land held for a term whereof not less than sixty years shall be unexpired at the date of the purchase together with any dwelling-house erected thereon, or for the purpose of buying any such land and erecting a dwelling-house thereon. (2) Any loan made under subsection (1) shall not exceed the full value of the land and dwelling-house erected or to be erected thereon and shall be repayable on such terms as the Commission may determine: Provided that the full amount of every such loan shall be repayable within a period to be prescribed by the Commission from the date on which the loan is made and every such loan shall, except as hereinafter provided, be secured by a first legal mortgage of the land and dwelling-house erected or to be erected thereon. (3) The Commission may guarantee loans made, with the prior approval of the Commission, to officers or servants of the Commission by a corporation carrying on the business of a building society. (4) Where a loan or guarantee is made or given under subsections (1) to (3) and there is a first legal mortgage of the land and dwelling-house erected or to be erected thereon in favour of a corporation carrying on the business of a building society, the Commission may accept a second mortgage of the land and dwellinghouse to the full estimated value of the land and dwelling-house after deducting the amount secured by the first legal mortgage as security for the loan or guarantee. (5) The Commission may give loans to its officers and servants for such purpose as may be approved by the Commission and on such terms and conditions as the Commission thinks fit. (6) Any moneys payable to the Commission by an officer or servant of the Commission by virtue of a loan or guarantee made or given under this section shall be a first charge on any moneys payable to the officer or servant under any fund, or pension or superannuation scheme for the time being in force established under section 16.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).