Establishment of the Authority
(1) There shall be established a body corporate by the name of “Highway Authority Malaysia” which shall have perpetual succession and a common seal and which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold movable and immovable property of every description and may convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Authority upon such terms as it deems fit.
(2) The Schedule shall apply to the Authority.
Composition of the Authority
(1) The Authority shall consist of the following members who shall be appointed by the Minister:
(a) a Chairman;
(b) a representative of the Ministry responsible for public works;
(c) the Secretary General of the Ministry responsible for finance or his representative;
(d) the Director General of the Economic Planning Unit or his representative;
(e) the Director General, Public Works Department, Peninsular Malaysia or his representative; and
(f) the Director General of the Authority.
(2) The Minister may, in addition to the persons mentioned in subsection (1), appoint to be members of the Authority not more than four other persons to represent special interests in highways for a term not exceeding two years.
(3) Any member appointed under subsection (2), who ceases to be a member of the Authority shall be eligible for reappointment.
*NOTE—Road Transport Act 1987 [Act 333] have replaced the Road Traffic Ordinance 1958 [Ord. 49 of 1958].
Alternate members
(1) The Minister may, in respect of each member of the Authority other than the Chairman appoint, on the nomination of the member, one person to be an alternate member to attend, in place of the member, meetings of the Authority that the member is for any reason unable to attend.
(2) When attending meetings of the Authority, an alternate member shall for all purposes be deemed to be a member of the Authority.
(3) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member for whom he is an alternate member ceases to be a member.
Temporary exercise of functions of Chairman
(1) The Minister may appoint any member of the Authority to exercise the functions of the Chairman during any period in which the Chairman is for any reason unable to exercise his functions or during any period of vacancy in the office of Chairman and such member shall, during the period in which he is exercising the functions of Chairman, be deemed to be the Chairman.
(2) Until an appointment is made under subsection (1) or in default of such appointment, the member appointed under paragraph 4(1)(b) shall exercise all the functions of and be deemed to be the Chairman.
Quorum, voting and vacancies
(1) The quorum at all meetings of the Authority shall be four members present in addition to the Chairman.
(2) In the event of the votes on any question being equal the person presiding shall have a casting vote in addition to his deliberative vote.
(3) The Authority may act notwithstanding any vacancy in its membership.
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).
