Malaysia legislation

Section 3

of *PORT AUTHORITIES ACT 1963

Section 3

(2)

The authority shall have power to do all things reasonably necessary for or incidental to the discharge of its functions, and in particular—

(a)

to acquire by purchase, gift or otherwise movable and immovable property and any interest therein, and to dispose or otherwise deal with any moveable or immovable property or any interest thereon so acquired upon such terms and conditions as the authority may think fit;

(b)

to undertake all or any work of every description of or in connection with the loading, unloading and storing of goods or cargo in the port, or authorize by way of licence any company, firm person or persons to undertake such work, subject to such regulations or by-laws as the authority may from time to time make, and such licence may contain conditions which may include a condition that such work shall be undertaken under contract to the authority;

(c)

to construct, maintain, repair and use wharves, docks, piers and bridges within the limits of the lands vested in it, with all necessary and convenient arches, drains, culverts, fences, roads, railways and approaches;

(d)

subject to this Act, to levy such port dues and such general charges upon goods or cargo loaded and discharged in the port as it may deem necessary for the maintenance, improvement or development of the port;

(e)

to control the berthing and movement of all vessels, whether in the road or longside any quay, wharf, pier or landing place, which are vested in or are under the control of the authority;

(f)

to construct and maintain, repair and use engines, fire boats and other appliances for the purpose of extinguishing fire on its property and in the port;

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(g)

to construct and maintain and operate vessels for the purpose of towing or rendering assistance to any vessel

(whether in territorial waters or on the high seas and whether entering or leaving the port or bound elsewhere)

and for the purpose of saving life or property or of recovering property lost, sunk or stranded;

(h)

to supply water to shipping in the port;

(i)

to construct, operate and maintain ferry vessels to carry passengers, vehicles and goods, and use the same for plying for hire;

(j)

to carry on the business of bunkerers and of suppliers of stores to ships;

(k)

to construct and maintain, and, within the limits of the lands vested in it, to operate railways, warehouses, sheds, engines, cranes, scales and other appliances for conveying, receiving, handling and storing goods to be landed or shipped or otherwise dealt with by the authority;

(l)

to carry on the business of builders and repairs of ships and machinery;

(m)

to construct, lay and maintain moorings;

(n)

to construct, maintain and operate all means and appliances for berthing, loading and discharging vessels;

(o)

to construct, maintain and moor vessels and hulks for the storage and working of cargo and goods;

(p)

to reclaim, excavate, enclose or raise any part of the lands vested in the authority;

(q)

to clean, deepen or improve any portion of the port, and for any of such purposes, to construct, maintain, and operate dredgers or other appliances;

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(r)

to erect or cause to be erected houses and buildings on the lands vested in the authority;

(s)

to construct, maintain, and keep in repair such works without the limits of the land vested in it as are necessary for the protection of works belonging to it within the limits of the lands vested in it;

(t)

to be insurers of goods in the custody of the authority;

(u)

(Deleted by Act A784);

(v)

to undertake or grant licence on such conditions as the authority may think fit to any company, firm, person or persons to undertake, any activities in the Port as may appear to the authority to be necessary;

(w)

to dispose by sale or otherwise any report, booklet, periodical or any other publications in relation to the port that has been approved and printed by the authority, its agents, contractor or any other person duly authorized or requested by the authority;

(x)

to regulate the issue of permits upon such terms and conditions deemed necessary on entry to and exit from the port premises as demarcated by notification in the Gazette and to impose fees payable on issue of such permits;

(y)

to provide facilities for laying-up of vessel and to prescribe fees thereof.

(2A)

The authority with the approval of the Minister and the concurrence of the Minister of Finance, may—

(a)

enter into any arrangement for sharing profits, union of interests, cooperation or joint adventure with any person or body of persons; or

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(b)

establish or promote the establishment and expansion of companies under the Companies Act 1965 [Act 125].

(3)

It shall be the duty of the authority in the discharge of its functions—

(a)

to maintain, or provide for the maintenance of, adequate and efficient port services and facilities (including ferry services) at reasonable charges for all users of the port, consistent with the best public interest;

(aa)

to provide pilotage services within the limits of the port and the approaches to the port;

(b)

to provide such number of public landing places as are in the opinion of the Minister sufficient;

(c)

to coordinate the activities of the port;

(d)

to promote the improvement and development of the port;

and

(e)

to do such acts as may be necessary to the performance of the duties mentioned in paragraphs (a) to (d).

(4)

The Minister may give to the authority directions of a general nature, not inconsistent with this Act, as to the exercise of the functions of the authority.

(5)

Subsection 3(1) of the Insurance Act 1963 [Act 89], shall not apply to the authority in relation to its powers under paragraph (2)(t).

NOTE

This Act has been repealed by the Companies Act 2016 [Act 777] see subsection 620(1) of

Act 777.



This Act has been repealed by the Insurance Act 1996 [Act 553] which was later repealed by the Financial Services Act 2013 [Act 758]see section 271 of Act 758.

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Protection from personal liability