Prosecution
(1) A prosecution for any offence under this Act shall not be instituted except by or with the consent in writing of the Public Prosecutor. (2) Any employees of the Commission authorized in writing by the Public Prosecutor may conduct the prosecution for any offence under this Act.
Public servant
All members of the Commission and of any committee, and employees and agents of the Commission, while discharging their duties under this Act as such members, employees or agents, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Protection against suits and legal proceedings
No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against— (a) the Commission; or (b) any member of the Commission or of the committee, any employee or agent of the Commission, in respect of any act, neglect or default done or committed by it or him in good faith or any omission omitted by it or him in good faith, in such capacity.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or against a member of the Commission, a member of a committee, and an employee or agent of the Commission in respect of any act, neglect or default done or committed by it or him in good faith or any omission by it or him in good faith, in such capacity.
Obligation of secrecy
(1) Except for any of the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Commission— (a) no member of the Commission or any of its committees or any employee or agent of the Commission or any person attending any meeting of the Commission or any of its committees, whether during or after his tenure of office or employment, shall disclose any information obtained by him in the course of his duties and which is not published in pursuance of the land public transport laws; and (b) no other person who has by any means access to any information or document relating to the affairs of the Commission shall disclose such information or document. (2) Any person who contravenes 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.
Representation in civil proceedings
Notwithstanding the provisions of any other written law— (a) in any civil proceedings by or against the Commission; (b) in any civil proceedings against any employee in relation to the performance of his functions under the land public transport laws; or (c) in any other civil proceedings in which the Commission is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the Commission for that purpose may, on behalf of the Commission or the said employee, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of such proceedings on behalf of the Commission or employee.
Power to make regulations
The Minister may make regulations as may be expedient or necessary for giving full effect or the better carrying out of the provisions of the Act.
Power to employ
The Commission may employ and pay agents and technical advisers, including advocates and solicitors, bankers, consultants and other persons, to transact any business or to do any act required to be transacted or done in the performance of its functions, the exercise of its powers or for the better carrying into effect the purposes of this Act.
Employment of government employees
(1) The Commission shall, on the appointed date, accept into its employment every person who immediately before that date is in the employment or service of— (a) the Commercial Vehicles Licensing Board Peninsular Malaysia; and (b) the Department of Railways, Ministry of Transport, who was given an option by the Government of Malaysia and has opted to serve as an employee of the Commission. (2) Every such person who opts under subsection (1) to serve as an employee of the Commission shall be employed by the Commission on terms and conditions of service not less favourable than the terms and conditions of service to which he was entitled to immediately before the appointed date. (3) Until such time as the terms and conditions of service of its employees are drawn up by the Commission, the scheme and terms and conditions of service of employees of the Commercial Vehicles Licensing Board Peninsular Malaysia or Department of Railways, Ministry of Transport, as the case may be, shall continue to apply to every person employed by the Commission under subsection (1).
Things done in anticipation of the enactment of this Act
All things done by any person or authority on behalf of the Commission in the preparation of and towards the proper implementation or administration of any of the provisions of this Act, and any expenditure incurred in relation thereto, in anticipation of the enactment of this Act shall be deemed to have been authorized by this Act, and all rights acquired or obligations incurred on behalf of the Commission from anything so done shall, on the appointed date, be deemed to be the rights and obligations of the Commission.
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).