s 70 Action of Corporation in respect of licensee in certain circumstances
(1) Where the Corporation— (a) has been informed by a licensee of any circumstances referred to in section 69; or (b) is satisfied— (i) that the licence or authorization of a licensee has been revoked and the licensee continues to provide solid waste management services and public cleansing management services in contravention of this Act and any regulations made under this Act; (ii) that there has been or is a contravention by the licensee of any direction by the Corporation as is serious enough to make it inappropriate for the licensee to continue to hold its licence; (iii) that the licensee is insolvent or has suspended payment to any extent that prejudices its operations or that there are facts or circumstances which is likely to lead to the licensee becoming insolvent or to the licensee suspending payment to any extent that prejudices its operations; or (iv) that the licensee has contravened any provision of this Act or has contravened any condition of its licence as is serious enough to make it inappropriate for the licensee to continue to hold its licence, the Corporation may, by order published in the Gazette, exercise any one or more of the following powers, as it deems necessary: (A) require the licensee to take any step, action or to do or not to do any act or thing in relation to the licensee or its business, directors or officers as may be specified, and within the period set out, by the Corporation in the order; (B) notwithstanding anything in any written law or any limitations contained in the constituent documents of the licensee, remove an officer of the licensee from his office with effect from a date as may be set out in the order; (C) notwithstanding anything in any written law or any limitations contained in the constituent documents of the licensee, in particular, a limitation as to the minimum or maximum number of directors— (i) remove any director of the licensee from his office with effect from a date as may be set out in the order; or (ii) appoint one or more persons as a director or directors of the licensee and provide for any of the persons so appointed to be paid by the licensee such remuneration as may be set out in the order; or (D) appoint a person to advise the licensee in relation to the proper conduct of its business and provide for the person so appointed to be paid by the licensee such remuneration as may be set out in the order. (2) The powers of the Corporation under paragraphs (1)(B), (C) and (D) shall be exercised only with the prior concurrence of the Minister. (3) If any of the circumstances as set out in paragraphs (1)(a) and (b) exist in respect of a licensee and the Corporation is of the opinion that it is necessary in the public interest, the Corporation may, whether or not it has exercised any of its powers under paragraph (1)(A), (B), (C) or (D), make a recommendation to the Minister— (a) for the Corporation to assume control of the whole of the property, business and affairs of the licensee and carry on the whole of its business and affairs; (b) for the Corporation to assume control of such part of the property, business and affairs of the licensee as may be specified by the Corporation and carry on such part of the business and affairs; (c) for the Corporation to appoint any person to exercise any of the powers of the Corporation under paragraph (a) or (b) on behalf of the Corporation; or (d) for the expenses of the Corporation, or the remuneration of the person so appointed under paragraph (c), as the case may be, to be payable out of the assets of the licensee in priority to all other claims whether secured or unsecured. (4) If the Minister agrees with the recommendation of the Corporation under subsection (3), he shall make an order to be published in the Gazette specifying his decision and the action to be taken by the Corporation accordingly. (5) An order of the Corporation under subsection (1) or an order of the Minister under subsection (4) may from time to time be amended or replaced by a further order under subsection (1) or (4), by the Corporation or the Minister, as the case may be. (6) No order under subsection (1), (4) or (5) shall be made unless— (a) the licensee in respect of which the order is to be made; and (b) in the case of an order under paragraph (1)(B) or subparagraph (C)(i), the officer or director who is to be removed from office, has been given a reasonable opportunity of making representations against, or otherwise in respect of, the proposed order. (7) Notwithstanding subsection (6), if in the opinion of the Corporation— (a) in the case of an order to be made by the Corporation under subsection (1) or (5); or (b) in the case of an order to be made by the Minister under subsection (4) or (5), any delay would be detrimental to the interests of the solid waste generator or to the public or to any section of the public, the order may be made first and the opportunity to make representations against or otherwise in relation to the order shall, in such case, be given immediately after the order has been made, and the order may, in consequence of such representations either be confirmed or be amended or replaced under subsection (5), or be revoked under subsection (8). (8) An order made under subsection (1), (4) or (5) may be revoked by the Corporation or the Minister, as the case may be, in the same manner as the order was made. (9) A person who contravenes an order of the Corporation under paragraph (1)(A), (B), (C) or (D) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.