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; and
(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.
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 common 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
