Appointment of officers and servants
(1) The Authority 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 (including a General Manager Deputy General Manager) as may be necessary for the purposes of this Act:
Provided that the Authority shall not appoint any person to be the General Manager or Deputy General Manager unless and until the approval of the Minister has been obtained.
(2) The expression “Authority” in this section, in relation to the appointment of the General Manager, means the Authority consisting of the Chairman and the members appointed under paragraph 4(1)(c).
Establishment of Port security force
(1) The Authority 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 Authority.
(2) The security force shall consist of such persons as may be appointed under subsection 21(1).
(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 the possession or under the control of, the Authority.
(4) Every person arrested pursuant to subsection (3) shall be taken to the nearest police station as soon as possible.
(5) Any rules made under section 24 shall unless expressly excluded therein apply to members of the security force established under this section.
Duties of General Manager
The General Manager shall, subject to the directions of the Authority on matters of policy, exercise supervision and control over the acts and proceedings of all officers and servants of the Authority in matters of executive administration and in matters concerning the accounts and records of the Authority, and, subject to any rules made under this Act, deal with matters relating to the service of such officers and servants and their pay, privileges and allowances.
Power to make rules
(1) The Authority may with the approval of the Minister make rules for or in respect of the salaries, allowances and conditions of service of its officers and servants generally.
(2) Without prejudice to the generality of subsection (1), the rules may provide—
(a) for retirement benefits to officers and servants of the Authority who retire or otherwise cease to hold office as such officers and servants; and
(b) for the making of loans to officers and servants of the Authority for such purposes as may be approved by the Minister, having regard to the purposes for which persons in the employment of the Government are granted loans.
(3) The following provisions shall apply to any rules made by virtue of paragraphs (2)(a) and (2)(b):
(a) no donation, contribution, gratuity, allowance or other payment payable under such rules, nor any right or interest acquired by any person to any gratuity, allowance or other payment thereunder, shall be assignable, transferable or liable to be attached, sequestrated or levied upon for or in respect of a debt or claim whatsoever, other than a debt due to the Government of Malaysia or of a State or to the Authority;
(b) any moneys paid under such rules 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 such deceased person, but shall not be deemed to form part of his estate or be subject to his debts;
(c) any person may by his will or by a memorandum under his hand appoint a trustee of the moneys payable on his death under such rules, and may provide for the appointment of a new trustee or trustees of such moneys and for the investment thereof;
(d) if at the time of the death of a person or at any time afterwards there is no trustee of such moneys or it is expedient to appoint a new trustee or trustees, then and in any such case a trustee or trustees or a new trustee or
trustees may be appointed by the High Court or a Judge thereof;
(e) the receipt of a trustee or trustees duly appointed, or in default of any such appointment the receipt of the legal personal representative of the deceased person, shall be a discharge for any moneys payable on his death under such rules;
(f) no donation, contribution or interest paid under such rules shall be subject to the debts of the contributor, nor shall such donation, contribution or interest be paid to the Director General of Insolvency on the bankruptcy of a contributor, but if such contributor is adjudicated a bankrupt or is declared insolvent by judgment of the court, such donation or contribution or interest shall, subject to the provisions of such rules, be deemed to be impressed with a trust in favour of the person entitled thereto on the death of the contributor;
(g) the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with such rules and such deduction shall continue to be made notwithstanding the provisions of any written law to the contrary, and the portion of salary so deducted shall be deemed not to form part of his after acquired property;
(h) any officer or servant of the Authority who is a contributor under such rules shall, if he is dismissed from service as such officer or servant for fraud, dishonesty or misconduct which involves pecuniary loss to the Authority, or retires or resigns from his office with intent to escape discharge or dismissal in consequence of such fraud, dishonesty or misconduct, forfeit, subject to such conditions as may be provided by the rules, all or any part of the contributions made by the Authority as it thinks fit; an appeal shall lie to the Minister against any such forfeiture.
(4) Rules made under this section, other than rules relating to pensions and other retiring benefits of officers and servants, shall not be required to be published in the Gazette.
Public servants for purposes of Penal Code
All members, officers and servants of the Authority and all members of the Port Consultative Committee, the Pilotage Committee and a committee of the Authority shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Application of Public Authorities Protection Act 1948 and protection from personal liability
(1) The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Authority, or against any member, officer, servant or agent thereof in respect of any act, neglect or default done or committed by him in that capacity.
(2) No matter or thing done and no contract entered into by the Authority and no matter or thing done by a member, an officer, a servant or an agent of the Authority acting under the direction of the Authority shall, if the matter or thing was done or the contract entered into bona fide for the purposes of this Act, subject such member, officer, servant or agent personally to any action, liability, claim or demand in respect thereof, and expenses incurred by the Authority or such member, officer, servant or agent in connection therewith shall be paid out of the funds of the Authority.
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).
