Postal Services Act 1991 Part II — Functions and duties of the commission

Commission to perform functions and duties

s 4

The Commission shall perform the functions and duties assigned to it under this Act.

s 5

(Deleted by Act A1120).

Functions and duties

s 6

(1) The Commission shall carry out such functions and duties as follows: (a) to exercise regulatory functions in respect of the postal services provided by the licensee including the determination of performance standards and standards of facilities and services and the enforcement thereof; b) to ensure that the terms and conditions stated in a licence ranted under section 10 are complied with (c) to promote competition in providing for postal services; (d) to promote the interests of users of postal services supplied by licensees in respect of- (i) the prices to be charged; (ii) the continuity of postal services; and (iii) the quality of the postal services provided; (e) to secure that all reasonable demands for postal services are satisfied; (f) to promote and encourage the expansion of postal services with a view to the economic development of Malaysia; (g) to regulate the fixing of the rates of postage and other fees or sums to be charged in respect of postal articles sent under this Act; (h) to regulate the fees and commissions on postal financial services; (i) to regulate the performance of postal financial services on behalf of government and non-government agencies; (j) to regulate the issuance of postage stamps including definitive, commemorative and special issues of postage stamps and any other philatelic items; and (k) (Deleted by Act A1120); (1) to carry on all such other activities 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 and duties under this Act. (2) The Commission may authorize the Chairman of the Commission and any authorized officer to carry out any of the functions and duties set out in subsection (1). Special powers in emergency or in the national or public interest

s 7

(1) Ihe Yang di-Pertuan Agong may, on the occurrence of any industrial unrest, strike, lockout or any other event which gives rise to an emergency, or in the interest of national or publie security, (a) suspend the licence of any licensee and take temporary possession of any post office under the control of any such licensee; (b) withdraw either totally or partially the use of any postal service or facility from any person or class of persons or from the public at large; or (c) order that any postal article or class of postal articles or any letter or class of letters to or from any person or class ot persons or relating to any specific subject shall not be conveyed or shall be intercepted or detained and delivered to any officer mentioned in the order to be opened, examined or dealt with in such manner as the Yang di-Pertuan Agong may direct, or that any such postal article or postal articles or letter or letters or the records thereof shall be disclosed to an officer mentioned in the order. (2) The Yang di-Pertuan Agong may also authorize any other officer employed by the Government to carry out the powers conferred under paragraph (1)(c). (3) The licensee shall give all necessary assistance whenever required to do so by the Commission or an officer carrying out any of the powers conferred under this section. (4) If any doubt arises as to the existence of any emergency or whether any act done under subsection (1) or (2) was in the interest of national or public security, a certificate signed by the Yang di-Pertuan Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the point. (5) Where the Commission takes possession of any post office under paragraph (1)(a), adequate compensation shall be paid.