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Suruhanjaya Pengangkutan Awam Darat Act 2010 Part III — Functions and powers of the commission

s 15–s 22 · 8 sections

Functions of the Commission

s 15

The Commission shall have all the functions conferred on it under the land public transport laws and shall also have the following functions: (a) to advise the Minister on all matters relating to land public transport, including matters in connection with the exercise of its functions under the land public transport laws; (b) to promote, encourage, facilitate and implement a safe, reliable, responsive, efficient, planned, integrated and sustainable land public transport; (c) to promote, encourage, facilitate and implement the provision of affordable services for the carriage of passengers by public service vehicles and railways and competitive services for the carriage of goods by land public freight transport; (d) to advise the Minister on policies and plans, including schemes and programmes in respect of land public transport and develop strategies in line with such policies and plans, including those relating to— (i) the provision, development, improvement and expansion of land public transport in line with anticipated user demand; (ii) the enhancement of safety, reliability and efficiency of land public transport services through the formulation, implementation and monitoring of minimum performance standards; (iii) the promotion and improvement of co-ordination, integration and accessibility within the land public transport system; (iv) the competition framework in respect of the supply of land public transport services; and (v) travel demand management mechanisms; (e) to assist the Minister in developing a national master plan and regional master plans or other policy documents or plans requested by the Minister from time to time, for land public transport and review, revise and where relevant, implement any part of the same falling within the scope of its functions and powers under the land public transport laws and assist the Minister in monitoring the extent of the implementation of the same by other Government Entities exercising their functions and powers under other written laws or otherwise; (f) to advise the Minister on fair and efficient structures or mechanisms for fares imposed on passengers of public service vehicles and railways, that are affordable to passengers and fair to licensed operators, having regard to relevant considerations, including the standard and quality of services provided; (g) to advise the Minister on competitive structures or mechanisms for land public freight transport, having regard to relevant considerations, including the standard and quality of services provided and operator viability; (h) to supervise and regulate land public transport in accordance with the land public transport laws; (i) to implement and enforce the land public transport laws; (j) to review land public transport laws and any other law affecting land public transport and make the necessary recommendations to the Government; (k) to promote, facilitate, encourage and implement the use of new technology for the improvement of environmental performance or compliance of the land public transport and to regulate the same; (l) to investigate and review railway accidents and incidents in accordance with and subject to its functions under the Land Public Transport Act 2010 and to take such responsive action as it considers necessary; (m) to conduct inquiries on, carry out surveys and research on, collate, analyse and publish information, statistics and factors influencing or relevant to, the development or improvement of land public transport, including the relieving of road congestion or for the better carrying out of the Commission’s functions; (n) to foster and promote better understanding of policies, plans, strategies, schemes and programmes contained in the master plan on land public transport described in paragraph (e), whether solely or jointly with other Government Entities or any other person; (o) to issue guidelines or circulars in relation to the implementation and enforcement of the provisions of the land public transport laws; (p) to recommend to the relevant Government Entities such policies, laws and actions to be applied by them to facilitate the achievement of a safe, reliable, responsive, efficient, planned, integrated and sustainable land public transport; (q) to advise or provide guidance or recommendations to the relevant Government Entities in relation to the integration of land use and land public transportation planning and policies; (r) to promote and facilitate conformity of land public transport facilities, amenities and services with universal design to facilitate their access and use by persons with disabilities; (s) to perform such other functions as are conferred on the Commission by the land public transport laws; and (t) to carry out all such activities and do all such things 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 under the land public transport laws.

Powers of the Commission

s 16

(1) The Commission shall have the power to do all things necessary or expedient for, or in connection with, the performance of its functions under the land public transport laws. (2) Without prejudice to the generality of subsection (1), the powers of the Commission shall include the power— (a) to utilise all the property of the Commission, movable and immovable, in such manner as the Commission thinks expedient including the raising of loans by mortgaging such property; (b) to impose fees or charges for services rendered by the Commission; (c) to appoint such agents, experts or consultants as it deems fit to assist the Commission in the performance of its functions; (d) to grant loans and scholarships to employees of the Commission for such purposes as may be approved by the Minister; (e) to formulate and implement programmes for the proper and effective performance of the Commission’s functions, including programmes for human resource development, funding and co-operation; (f) to co-operate with Government Entities or any other body corporate for the purpose of performing the Commission’s functions; and (g) to do anything incidental to any of its functions.

Arrangements with Government Entities

s 17

(1) Subject to subsection (2), the Commission may enter into an agreement or arrangement with any Government Entity concerning— (a) the carrying out by the Commission and the Government Entity of any of their respective functions and powers; or (b) the carrying out or provision by the Government Entity, on behalf of the Commission, of any works or services. (2) Any agreement or arrangement entered into under subsection (1) shall be— (a) with the consent of the Minister in the case of a Federal Government Entity; (b) with the consent of the respective State Government in the case of a State Government Entity; and (c) subject to and in accordance with the laws governing the functions and powers of the relevant Government Entity.

Responsibility of Government Entities

s 18

It shall be the responsibility of every Government Entity to— (a) co-operate with and assist the Commission, including to provide such information within their control or ability to procure, as may be required by the Commission and any appointed officer in the performance of the Commission’s functions and in the exercise of its powers under the land public transport laws; and (b) where relevant, refer to and utilise the information and statistics disseminated by the Commission in the performance of the Government Entity’s functions and in the exercise of its powers.

Delegation of the Commission’s functions and powers

s 19

(1) The Commission may, in writing, delegate any of its functions and powers under the land public transport laws, except the power to make subsidiary legislation, to— (a) a member of the Commission; (b) a committee; and (c) any employee of the Commission. (2) Any person delegated with such function or power shall be bound to observe and have regard to all conditions and restrictions imposed by the Commission and all requirements, procedures and matters specified by the Commission. (3) Any function and power delegated under this section shall be performed and exercised in the name and on behalf of the Commission. (4) The delegation under this section shall not preclude the Commission itself from performing or exercising at any time any of the delegated functions and powers.

Direction by Minister

s 20

(1) The Commission shall be responsible to the Minister. (2) The Minister may give to the Commission directions of a general character, consistent with the provisions of the land public transport laws, relating to the performance of the functions and powers of the Commission and the Commission shall give effect to such directions.

Returns, reports, accounts and information

s 21

(1) The Commission shall furnish to the Minister, and any public authority as may be specified by the Minister, such returns, reports, accounts and information with respect to its activities and finances as the Minister may, from time to time, require or direct. (2) The returns, reports, accounts and information shall be in such form and shall contain such information relating to the proceedings and policy of the Commission and any other matter as the Minister may, from time to time, specify.

Commission may establish and participate in body corporate

s 22

The Commission may, with the approval of the Minister and the concurrence of the Minister of Finance, establish and participate in any body corporate for the purpose of promoting the service level standards in relation to land public transport or for such other purposes deemed necessary to promote the development and improvement of land public transport.

Back to Suruhanjaya Pengangkutan Awam Darat Act 2010 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 July 2015 (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).

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