What is PORT AUTHORITIES ACT 1963?

*PORT AUTHORITIES ACT 1963 is Malaysia Act, cited as Act 488 1963, currently marked in force and first recorded in 1963.

Is PORT AUTHORITIES ACT 1963 still in force?

Yes — PORT AUTHORITIES ACT 1963 is currently in force.

When did PORT AUTHORITIES ACT 1963 take effect?

PORT AUTHORITIES ACT 1963 was first recorded in 1963.

How many sections does PORT AUTHORITIES ACT 1963 have?

PORT AUTHORITIES ACT 1963 contains 114 sections.

Where can I read the official version of PORT AUTHORITIES ACT 1963?

The official text of PORT AUTHORITIES ACT 1963 is published at lom.agc.gov.my.

PORT AUTHORITIES ACT 1963 (No. 488)

Section 1

This Act may be cited as the Port Authorities Act 1963.

PORT AUTHORITIES

Establishment of port authorities

Section 2

(2)

The authority shall have perpetual succession, a common seal and the power to enter into contracts and to sue and be sued.

12 Laws of Malaysia ACT 488

(3)

The Second Schedule shall have effect with respect to the authority.

(4)

The authority shall consist of a Chairman who shall be appointed by the Yang di-Pertuan Agong and—

(a)

the General Manager for the time being of the port; and

(b)

not less than five nor more than nine members, to be appointed by the Minister:

Provided that it shall be lawful for the Yang di-Pertuan Agong to appoint the General Manager as the Chairman of the authority.

(5)

Where the Chairman is a person other than the General Manager, then unless the Minister appoints any of the members under paragraph (4)(b) to be Deputy Chairman, the General Manager for the time being shall be Deputy Chairman.

(6)

A member (other than the Chairman and the General Manager)

shall, unless his office is sooner resigned or revoked, hold office for one year, and shall be eligible for reappointment.

(7)

The Yang di-Pertuan Agong may, in the interest of the effective and economical performance of the functions of the authority and without assigning any reason, remove from office all or any of the members of the authority.

(8)

A temporary Chairman or member may be appointed during the temporary incapacity of the Chairman or member (whether by reason of illness or absence from Malaysia), such temporary Chairman or member to be appointed in like manner as the Chairman or member is appointed under this section.

Functions of the authority

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

Section 3A

Port Authorities 13

(2)

Any expenses incurred by the authority or any member, employee or other person so acting under the direction of the authority shall be paid out of the funds of the authority.

Additional function of the authority

Section 3B

(2)

In the exercise of the function in subsection (1) the authority may expend such moneys as are necessary.

(3)

For the purposes of this section, “port-related activities”

means—

(a)

activities performed outside a port which relate to any function or duty of the authority to operate or maintain a port or the transportation of goods through the port; or

(b)

the development, operation or maintenance outside the port of marinas and other properties necessary for the furtherance of any function or duty of the authority.

Acquisition of land by the authority

Section 4

It shall be lawful for any land required by the authority for the purpose of discharging its functions to be acquired on behalf of the

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authority, in accordance with the Land Acquisition Act 1960 [Act 486], as if the said purpose were a public purpose within the meaning of that

Act:

Provided that no such acquisition shall be made so long as the land aforesaid may be acquired by agreement.

Section 5

Transfer of property to the authority

(2)

The authority shall cause any property transferred under this section to be valued as at the date of transfer, and shall forthwith cause details of such valuation to be shown on its accounts.

Disposal of land to the Government and the Government’s power to grant leases of same

Section 5A

(2)

For the purpose of this section “lease” shall have the meaning assigned thereto in the National Land Code [Act 828].

Government may provide the authority with working capital

Section 6

The authority may be provided with such sums for its working capital as the Dewan Rakyat may determine; and any sums so provided

NOTEThe National Land Code [Act 56 of 1965] has been revised as the National Land Code [Act 828].

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shall be subject to such terms and conditions as the Minister of Finance may specify.

Section 7

Port Consultative Committee

(a)

the Chairman of the authority;

(b)

the General Manager of the port; and

(c)

such other persons as the Minister may from time to time appoint.

(2)

In appointing the persons under paragraph (1)(c), the Minister shall have regard to any representations relating thereto made by users of the port and by persons providing port service, and any person so appointed shall, unless his appointment is sooner resigned or revoked, hold office for one year, and shall be eligible for reappointment.

(3)

The Minister may, if it appears to him to be necessary, without assigning any reason therefor, remove from office all or any of the members (other than the Chairman or General Manager) of the Port

Consultative Committee.

(4)

The Minister may appoint any person to be a temporary member of the Port Consultative Committee during the temporary incapacity through illness or during the temporary absence from Malaysia of any member.

(5)

Paragraph 1 of the Second Schedule shall apply to the members of the Port Consultative Committee as they apply to the members of the authority.

(6)

The authority may consult the Port Consultative Committee on any matter concerning the port, and shall consult the said Committee upon the following matters—

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(a)

any substantial alteration in the charges or scales of charges prescribed by the authority;

(b)

any major scheme relating to the expansion or development of the port; and

(c)

any other matter upon which they are required by the Minister to consult the Committee.

(7)

The Chairman shall cause a copy of the minutes of the meeting of the Committee to be transmitted to the Minister.

Finances of the authority

Section 8

(2)

The revenues of the authority for any financial year shall be applied in defraying the following charges for that year:

(a)

working and establishment expenses;

(b)

the maintenance, depreciation and renewal of the property of and the discharge of the functions of the authority properly chargeable to revenue;

(c)

interest on loans and repayments of moneys borrowed;

(d)

such capital expenditure as the authority may determine to charge to the revenues.

(3)

The amount remaining of the revenues of the authority for any financial year, after defraying the charges referred to in subsection (2), shall be applied in making good any deficiencies in the revenue carried forward from previous years, and the whole or any part of the balance

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(if any) may as soon as may be after the end of that year be carried to such reserves approved by the authority as the authority thinks fit.

(4)

Moneys standing to the credit of reserves may be employed in the undertaking of the authority.

(5)

The authority may open a current account with any bank approved by the Minister of Finance.

(6)

Moneys which are not immediately required to be expended in the discharge of any of the functions of the authority shall, if invested, be invested by the authority in investments for the time being authorized by law for the investment of trust funds or in such other investments or securities as may from time to time be approved by the

Minister of Finance, or may be deposited in any bank or financial institution approved by the Minister of Finance:

Provided that the authority shall not make any investment in securities issued or registered or other property situated, outside

Malaysia except with the approval of the Minister of Finance to the making of that investment.

(7)

The authority may, with the approval of the Minister, make any financial contributions to public, staff welfare fund or charitable objects.

Power to borrow money

Section 8A

The authority may, from time to time with the approval of the

Minister of Finance, borrow, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions under this Act and may secure the repayment of any sum borrowed by way of a mortgage or charge, legal or equitable, of any property vested in the authority, or of any revenue received by the authority under this Act.

Accounts and records to be open for inspection

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Section 9

(a)

any member of the authority;

(b)

(Deleted by Act A784);

(c)

any other person specially authorized to inspect the accounts by the Minister.

(2)

The books of accounts shall be kept at the Head Office of the authority.

(3)

(Deleted by Act A784).

Annual statement of accounts

Section 10

(2)

So soon as the statement of accounts has been audited, the authority shall send a copy thereof to the Minister, together with any report or observations made by the auditor or auditors on the said statement of accounts.

(3)

The Minister shall cause a copy of every statement and report or observations referred to in subsection (2) to be laid before each

House of Parliament.

Estimates of revenue and expenditure and annual report

Section 11

(2)

The authority shall furnish to the Minister such financial and statistical returns or such other reports on the financial position of the authority as the Minister may from time to time require.

(3)

Not later than three months before the commencement of the financial year to which they relate, the annual estimates of revenue and expenditure (including capital expenditure) shall be submitted by the authority to the Minister for his approval and the Minister may at any time within one month of receipt of the same, disallow or amend any item of capital expenditure appearing in such estimates, or any portion thereof, and return the same to the authority for amendment.

(4)

The authority shall forthwith amend any estimates returned to it under subsection (3) and shall resubmit such estimates (as amended)

to the Minister.

Supplementary estimates

Section 12

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(2)

Subsections 11(3) and (4) shall apply to supplementary estimates aforesaid as they apply to annual estimates of revenue and expenditure.

OFFICERS AND SERVANTS

Appointment of officers and servants

Section 13

(2)

The expression “authority” in this section, in relation to the appointment of the first General Manager of a port, means the authority consisting of the Chairman and the members appointed under paragraph 2(4)(b).

Establishment of Port Security Force

Section 13A

(2)

The security force shall consist of such persons as may be appointed under subsection 13(1).

(3)

A member of the security force shall have the power to arrest without warrant any person found on any premises of the authority or in premises in the possession or under the control of the authority, or any part thereof, without lawful excuse.

(4)

Every person arrested pursuant to subsection (3) shall be taken to the nearest Police Station as soon as possible.

(5)

Any rules made under section 15 shall unless expressly excluded therein apply to members of the security force established in this section.

Duties of General Manager

Section 14

The General Manager shall, subject to the directions of the authority on matters of policy, exercise supervision and control over the acts and proceedings of all officers and servants of the authority in matters of executive administration and in matters concerning the accounts and records of the authority, and, subject to any rules made under this Act, deal with matters relating to the service of such officers and servants and their pay, privileges and allowances.

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Section 15

Power to make rules relating to salaries, provident fund scheme, etc.

(2)

Rules under this section may provide—

(a)

for the establishment and management, as from such date

(whether before or after the establishment of the authority)

as may be specified in the rules, of a contributory provident fund, and for the transfer into that fund of contributions or parts of contributions paid into any other provident fund in anticipation of the establishment of the first-mentioned fund;

(b)

for retirement benefits to officers and servants who retire or otherwise cease to hold office as such officers or servants;

(c)

for the making of loans to officers and servants for such purposes as approved by the Minister on such terms and conditions as the authority may think fit.

(3)

The following provisions shall apply to any rules made by virtue of paragraphs (2)(a) and (b):

(a)

no donation, contribution, gratuity, allowance or other payment payable under such rules, nor any right or interest acquired by any person to any gratuity, allowance or other payment thereunder, shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of a debt or claim whatsoever, other than a debt due to the authority;

(b)

any moneys paid under such rules on the death of any person shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of such deceased person, but shall not be deemed to form part of his estate or be subject to his debts;

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(c)

any person may by his will or by a memorandum under his hand appoint a trustee of the moneys payable on his death under any such rules, and may provide for the appointment of a new trustees of such moneys and for the investment thereof;

(d)

if at the time of the death of any person or at any time afterwards there is no trustee of such moneys or it is expedient to appoint a new trustee or trustees, then and in any such case a trustee or trustees or a new trustee or trustees may be appointed by the High Court or a Judge thereof;

(e)

the receipt of a trustee or trustees duly appointed, or in default of any such appointment the receipt of the legal personal representative of a deceased person, shall be a discharge for any moneys payable on his death under any such rules;

(f)

no donation, contribution or interest paid under any such rules shall be subject to the debts of the contributor, nor shall such donation, contribution or interest be paid to the Director

General of Insolvency on the bankruptcy of a contributor under any such rules, but if such contributor is adjudicated a bankrupt or is declared insolvent by judgment of the Court, such donation or contribution or interest shall, subject to such rules, be deemed to be impressed with a trust in favour of the person entitled thereto on the death of the contributor;

(g)

the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such rules, but such deductions shall continue to be made notwithstanding any written law, and the portion of salary so deducted shall be deemed not to form part of his after-acquired property;

(h)

any officer or servant who is a contributor under such rules shall, if he is dismissed from service as such officer or servant for fraud or dishonesty or misconduct which involves pecuniary loss to the authority, or retires or resigns

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his office with intent to escape discharge or dismissal in consequence of such fraud, dishonesty or misconduct, forfeit, subject to such conditions as may be provided by the rules all or any part of the contributions made by the authority and the interest accrued thereon, as the authority in its discretion thinks fit; an appeal shall lie to the Minister against any such forfeiture.

(4)

Rules made under this section, other than rules relating to provident funds, pensions and other retiring benefits of officers and servants, shall not be required to be published in the Gazette.

CHARGES AND RECOVERY OF CHARGES

The authority may levy charges

Section 16

(a)

the landing, shipping, wharfage, lighterage, cranage, and storage of goods, and the use of the authority’s vessels and vehicles and demurrage thereon;

(b)

the mooring of vessels and boats;

(c)

the carriage of goods by vehicles (whether plying for hire or otherwise);

(d)

the embarkation and landing of persons;

(e)

the carriage of passengers, vehicles, animals and goods by any ferry service maintained by the authority;

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(f)

the use of any quay, wharf, dock, jetty, pier, landing place, foreshore or any other property vested in or under the control of the authority;

(g)

any services rendered to, or any material supplied to or made use of by, any vessel and person;

(h)

the use of tugs, firefloats and launches belonging to or maintained by the authority;

(i)

water supplied by the authority;

(j)

the towing of and rendering of assistance to any vessel

(whether entering or leaving the wharves, docks or piers in the possession of the authority, or whether within or without the port);

(k)

the shipping and transhipping of goods or persons; and

(l)

any other matter upon which the authority is empowered to levy any charges.

(2)

The authority may with the approval of the Minister from time to time alter or vary the charges or scales of charges referred to in subsection (1).

(3)

The authority may instead of levying the charges in accordance with the charges or scales of charges prescribed, enter into any agreement on any of the matters specified in subsection (1).

(4)

In relation to any matter in respect of which no charges or scales of charges have pursuant to subsection (1) been prepared, the authority may levy any charges it deems fit.

(5)

The authority may with the approval of the Minister remit the whole or any portion of the charges leviable under this section:

Provided that the authority may remit the whole or any part of rates for storage or demurrage.

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(6)

The Minister may in any case where it appears to him expedient, having regard to the liabilities which the authority has to meet, require the authority to increase any charges prescribed under subsection (1), and the authority shall accordingly carry out that requirement.

(7)

The authority may cause the scale of charges to be printed in

English and national language and shall, for the information of the public, exhibit such scales (either in whole or in part) at such places as the authority deem fit.

(8)

Any charges or scales of charges prescribed shall be published in the Gazette.

Submission of memorandum for any change in existing structure of charges

Section 16A

(2)

Where no reply is received from the authority as regards the memorandum submitted under subsection (1) within six months of its submission, the change in the existing structure of charges as contained in the memorandum shall take effect on the expiration of such period.

(2A)

Where a reply is received from the authority as regards the memorandum submitted under subsection (1) indicating the decision of the authority to disallow the change in the existing structure of charges as contained in the memorandum, any person or body of persons who is aggrieved by the decision of the authority may, within fourteen days from the date of such decision, appeal to the Minister whose decision shall be final.

(3)

The person or body of persons licensed under this Act or the Ports

(Privatization) Act 1990 shall as soon as practicable publish the change in the existing structure of charges in the local newspapers, at least one in the national language and one in the English or Chinese language.

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(4)

The authority shall as soon as practicable make by-laws under section 29 in respect of the change in the existing structure of charges.

Recovery of charges in arrears

Section 17

(2)

Such lien shall have priority over all other lien and claims, except claims for money payable to the Government.

(3)

Charges in respect of goods to be landed shall become payable immediately on the landing of such goods.

(4)

Charges in respect of goods to be shipped shall be payable before such goods are shipped.

(5)

Charges in respect of goods to be removed from the premises of the authority shall be payable on demand.

Recovery of pilotage dues

Section 17A

(a)

prescribe the pilotage dues which shall be paid to the authority by the master or owner of every vessel; and

(b)

define the circumstances and conditions under which pilotage dues are to be recoverable, in respect of the services of an authority pilot.

(2)

If a vessel having on board an authority pilot leads another vessel having no authority pilot on board, the authority shall be entitled to the full pilotage dues as if the authority pilot had actually been on board and had piloted that other vessel.

Port Authorities 31

Remission of dues

Section 17B

(2)

The authority may with the approval of the Minister exempt, upon such conditions as it may impose, any vessel or classes of vessels from any pilotage dues payable under this Act.

Power to sell goods remaining in custody

Section 18

(a)

in the case of goods for which a through bill of lading has been issued there shall be substituted a period of forty-two days for the period of twenty-one days referred to in this subsection; and

(b)

if the goods are of a perishable nature the authority may direct their removal within such shorter period (not being less than twenty-four hours after the landing) as the authority may think fit, and the said power of sale may be exercised at the expiration of such period.

(2)

For the purposes of subsection (1) a sale shall not be rendered invalid by reason only that it takes place on premises or in an area to which the public is not admitted except on presentation of a pass.

(3)

Before making such sale the authority shall give three days’

notice thereof by advertisement in two local newspapers circulating in the State in which the said sale is to be held, unless the goods are of so perishable a nature as in the opinion of the authority to render their

32 Laws of Malaysia ACT 488

immediate sale necessary or advisable, in which event such notice shall be given as the urgency of the case permits.

(4)

If their addresses are ascertainable from the manifest of the cargo or from any of the documents which have come into the hands of the authority or are otherwise known, notice shall also be given to the owners of the goods and to the agent of the discharging vessel.

(5)

Notwithstanding subsection (4), the title of a bona fide purchaser shall not be invalidated by reason of the omission to send the said notice, and such purchaser shall not be required to inquire whether such notice has been sent.

(6)

The proceeds of sale shall be applied by the authority for, and in accordance with the order of, the following payments:

(a)

duty payable to the Government;

(b)

expenses of the sale;

(c)

payment of the rates, charges and expenses due to the authority in respect of the goods; and

(d)

freight and other claims or lien of which notice under the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952], has been given.

(7)

The balance of the proceeds of sale (if any) after making the payments under subsection (6), shall be paid to the person entitled thereto on demand or, where no such demand is made within one year from the sale of the goods, to the general account of the authority, and thereupon all rights to the same by such person shall be extinguished.

Power to compound or compromise claim or demand

Section 18A

Provided that—

The authority may compound, or compromise for or in respect of, any claim or demand made against it, for such sum of money or other compensation as it deems sufficient.

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Section 19

Power to distrain for non-payment of charges, etc.

(2)

Where any part of the charges or the costs of the distress, arrest or detention of the said vessel, tackle, apparel or furniture or other article remains unpaid for the space of fourteen days next after any such distress, arrest or detention, the authority may cause the vessel or the other articles so distrained, arrested or detained, to be sold, and may apply the proceeds thereof to satisfy such charges and costs (including the costs of the sale) and the authority shall pay the balance thereof (if any) to the said master on demand.

(3)

Where the authority gives to the officer of the Government whose duty is to grant the port clearance of any vessel, a notice stating that an amount specified therein is due in respect of charges or penalties imposed under this Act or any by-laws made thereunder against the vessel, the owner, agent or master of the vessel, such officer shall not grant any port clearance to such vessel until the amount so leviable or chargeable has been paid or security has been given to the satisfaction of the authority for the amount thereof.

(4)

This section (relating to the recovery of charges in arrears by the authority), shall be in addition to and not in derogation of the rights of the authority under any law.

PART IIIA

LIABILITY OF THE AUTHORITY

Limitation of authority’s liability in other cases

Section 19A

(2)

For the purposes of this Part, the tonnage of vessels shall be ascertained as provided by subsection 360(2) of the Merchant Shipping

Ordinance 1952, and the register of any vessel shall be sufficient evidence that the gross tonnage and the deduction therefrom and the registered tonnage are as therein stated.

Liability in respect of loading or discharging operations

Section 19B

The authority shall not, without its actual fault or privity, be liable to damages—

(i)

in respect of personal injury or death caused to any person;

(ii)

for loss or damage to any goods, merchandise or other things whatsoever, where such injury, death, loss or damage is caused by or arises out of the operation of loading onto or discharging from a vessel of goods or any work incidental thereto.

Goods deposited for lighterage or shipment

Section 19C

Any goods, merchandise or other things deposited with or placed in the custody of the authority for the purpose of lighterage or shipment shall remain in the custody or control of the authority at the sole risk and expense of the owner thereof.

Loss or destruction of or damage to goods other than transhipment goods deposited with the authority

Section 19D

The authority and any person duly authorized by it shall, in respect of any goods other than transhipment goods deposited with or

Port Authorities 35

placed in the custody or control of the authority for the purpose of delivery, be deemed to be the agent of the owner of the vessel discharging such goods irrespective of duties in respect of such goods.

(2)

Neither the authority nor any person duly authorized by it shall, in acting as an agent under subsection (1), be liable—

(a)

either in damages or in any other respect for any loss caused to any person by reason of short delivery of any goods deposited with or placed in the custody or control of the authority or any failure by the authority to deliver or account for the same; or

(b)

for damages to, or destruction of, such goods in a sum of more than one thousand ringgit per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the authority, been declared in writing to the authority by the person delivering or causing the same to be delivered, and the authority shall not in any event be liable therefor where the value of any such goods has been misstated or where there prevails any of the circumstances set out in section 19F.

(3)

For the purposes of this section and of section 19E, the expression “transhipment goods” means goods landed from a vessel and placed in the custody of the authority for the purposes of shipment on another vessel on a through bill of lading dated at the port of loading of such goods and showing that the destination is via the port under the control and management of the authority, with the ultimate port of destination marked on each package or unit containing such goods and declared on a transhipment manifest lodged with the authority prior to or at the time such goods are placed in its custody.

Loss or destruction of or damage to transhipment goods deposited with the authority

Section 19E

In respect of any transhipment goods delivered by any person to, or placed by any person in the custody of, the authority, the authority shall, from time of acknowledgement of the receipt of such goods and

36 Laws of Malaysia ACT 488

until delivery of such goods alongside the on-carrying vessel for loading, be liable, subject to section 19D, for the loss or destruction of, or damage to, such goods:

Provided that the authority shall not be liable for any such loss, destruction or damage in a sum of more than one thousand ringgit per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the authority, been declared in writing to the authority by the person delivering or causing the same to be delivered, and the authority shall not in any event be liable therefor where the value of any such goods has been misstated.

Section 19F

Force Majeure, etc.

Paragraph 19D(2)(b) and section 19E shall not impose on the authority or any person duly authorized by it any liability for the loss or destruction of, or damage to, any goods arising from—

(a)

fire or flood, unless caused by the actual fault or privity of the authority;

(b)

an act of God;

(c)

an act of war or of public enemies;

(d)

seizure under any legal process;

(e)

quarantine restrictions;

(f)

any act, omission or default of the owner or carrier of such goods;

(g)

strikes, lockouts or stoppages or restraints of labour from whatever cause, whether partial or general;

(h)

riots and civil commotion;

(i)

saving or attempting to save life or property;

Port Authorities 37

(j)

insufficient or improper packing, defective or insufficient marks or leakage from defective drums, containers or packages;

(k)

any inherent wastage in bulk or weight, latent or inherent defect or natural deterioration;

(l)

any deficiency in the contents of unbroken packages; or

(m)

the dangerous nature of such goods.

Limitation of liability in respect of one occasion

Section 19G

The limitation of liability under this Part shall relate to the whole of any losses and damages which may arise upon any one distinct occasion, although such losses or damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any written law and notwithstanding anything contained in such written law.

Section 19H

Power of High Court to consolidate claims

Where any liability is alleged to have been incurred by the authority in respect of loss of life, personal injury or loss of or damage to vessels, trains, vehicles, animals, goods or other things whatsoever, and several claims are made or apprehended in respect of that liability, then the authority may apply to the High Court, and that Court may determine the amount of the authority’s liability and may distribute that amount rateably among the several claimants, and may stay any proceeding in any other court in relation to the same matter, and may proceed in such manner and subject to such regulations as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the authority and as to payment of any costs as the court thinks just.

Liability for loss under contract

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Section 19I

(2)

Nothing in this Part shall affect the liability of the authority under any written law relating to compensation to workmen.

PORT, WHARVES AND PREMISES

Control of foreshores

Section 20

The authority shall have control of the use of the foreshores within the port and no goods or cargo shall be handled across, over or under such foreshores without the written permission of the authority or otherwise than in accordance with such conditions as the authority may from time to time prescribe.

Section 21

Landing or shipping of cargo over quays, wharves, etc.

No goods or cargo shall be handled across or over any quay, wharf, dock, pier or other place except under a written permission of the authority or in accordance with such conditions as the authority may from time to time prescribe.

Construction of quays, wharves, etc.

Section 22

Port Authorities 39

(2)

Any person who acts in contravention of subsection (1) shall be liable to a fine not exceeding two thousand ringgit and if ordered to do so shall remove such construction or alteration at his own expense.

Permit for conveyance of goods

Section 23

(2)

A permit may be granted in respect of one or more vessels or to one or more persons.

(3)

Any person to whom a permit is issued under this section shall from time to time supply to the authority such information as the authority may reasonably require relating to the nature and amount of the goods and cargo conveyed in accordance with such permit in any specified period, and for this purpose such person shall keep records thereof.

(4)

Any failure to supply the information or to keep the records required under subsection (3) shall be deemed to be a breach of the conditions of such permit.

(5)

The authority in its discretion may exempt from the requirements of this section any vessel or class of vessels of less than ten ton gross tonnage, and it may, at any time without assigning any reason therefor, terminate any such exemption.

(6)

Nothing in this section shall be deemed to affect or modify Part

XIII of the Merchant Shipping Ordinance 1952, with regard to the licensing of boats for the conveyance of cargo, and no permit shall be

40 Laws of Malaysia ACT 488

issued under this section in respect of any vessel required to be licensed under those provisions unless such vessel has been duly licensed thereunder.

Appeal

Section 24

Any person aggrieved by the refusal of the authority to grant a permit under this Part, or by the cancellation or suspension of any permit already granted, may, not later than one month from the date of such refusal, cancellation or suspension appeal to the Minister whose decision thereon shall be final.

Section 25

Minister may appoint any place for use as customs collecting centre

(2)

Whenever any wharf or part of the premises of the authority has been so appointed as a place for the collection of import duty or other revenues, the authority shall set apart and maintain such place in such manner as the Minister may require, for the use of the persons entitled to collect such duties or revenues.

(3)

All charges payable in respect of any such wharf or part of the premises so set apart, or for the landing, shipping or storage of goods thereon, therefrom or therein, shall be paid to the authority.

Licensed warehouse

Section 26

(a)

the payment of the import duty payable in respect of goods stored in such licensed warehouse; or

(b)

the due exportation of such goods.

(2)

When such security has been given by the authority no further security shall be required by the Government from any other person to the same effect.

(3)

Any person who is, or has the powers of, a revenue officer under any written law for the time being in force, shall at all times—

(a)

be admitted to any part of premises approved and appointed as a licensed warehouse; and

(b)

be permitted to inspect the books kept in connection therewith and the stock contained therein.

Power of authority to order vessels to come alongside

Section 27

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The authority may order any sea-going vessel within the port to come alongside any suitable quay, wharf, jetty, pier or landing stage which is vested in or is under the control of the authority, for the purpose of landing or shipping goods, cargo or passengers:

(a)

such vessel has not commenced landing goods, cargo or passengers; or

(b)

such vessel is about to ship goods, cargo or passengers, but has not commenced to do so, and in making such order the authority shall have regard, as far as possible, to the convenience of such vessel and of the shippers in respect of any particular quay, wharf, jetty, pier or landing stage.

Government’s vessels

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Section 28

Provided that such order may be made only where—

The Minister may at any time require that any vessel belonging to or in the service of the State or the Government shall be permitted to come alongside any quay, wharf, jetty, pier or landing stage which is vested in or is under the control of the authority, in preference to all other vessels at the time in port, and the authority shall give effect to such requirement.

Section 29

(a)

regulating, declaring and defining the wharves, docks, piers and places which are vested in or are under the control of the authority, on and from which goods may be landed or shipped in vessels;

(b)

regulating the manner in, and the conditions under, which the loading and discharging of vessels shall be carried out, and for varying the positions of vessels loading and discharging;

(c)

regulating the safe and convenient use of the docks, wharves, piers, landing places, warehouses, sheds and premises, which are vested in or are under the control of the authority, and of any ferry service maintained by the authority;

(d)

regulating the reception, storage and removal of goods within and from the premises of the authority, and declaring the procedure to be followed for taking charge of goods which have been damaged before landing or are alleged to have been so damaged;

Port Authorities 43

(e)

settling the mode of payment of charges leviable under this

Act, facilitating their collection and preventing their evasion;

(f)

keeping clean the basins, works and premises of the authority and the waters adjacent thereto, and preventing oil filth and rubbish from being thrown or from entering therein or thereon;

(g)

limiting the liability of the authority in respect of any loss, damage or injury to any person, occurring without the actual fault or privity of the authority (whether in any vessel operated or maintained by them or on any wharf, quay or other part of the port);

(h)

regulating the conveyance, loading and unloading of dangerous goods;

(i)

prescribing the procedure relating to the calling of tenders and the making of contracts by the authority or other person on behalf of the authority;

(j)

regulating the issue and transfer of licences and prescribing the fees payable on the issue of such licences;

(k)

regulating vehicular traffic, preventing obstruction and keeping order at wharves and docks and for ensuring the safety of the same and any cargo thereon;

(l)

regulating the towage of or providing other assistance to vessels by the authority and the terms and conditions of such towage or assistance;

(m)

prescribing anything that may be prescribed under this Act;

(n)

otherwise carrying out the provisions of this Act.

(2)

Any regulation made under paragraph (1)(h) may—

44 Laws of Malaysia ACT 488

(a)

prescribe the notice to be given by ships and boats conveying, loading or unloading dangerous goods;

(b)

regulate the navigation and place of berthing of ships and boats carrying dangerous goods;

(c)

prohibit or regulate the conveyance in passenger ships, boats, trains or vehicles of any kind of dangerous goods with any other kind of dangerous goods, articles or substances;

(d)

regulate the conveyance, loading and unloading of dangerous goods and prescribe the mode of stowing and keeping such goods on board any ship, boat or premises;

(e)

prohibit, in cases where the loading or unloading of dangerous goods within the jurisdiction of the authority appears to be specially dangerous to the public, such loading or unloading, and fix the places and times at which any dangerous goods are to be loaded or unloaded and the quantity to be loaded or unloaded or conveyed at one time or in one ship, boat or vehicle;

(f)

prescribe the mode of and the precautions to be observed in, conveying or keeping dangerous goods, and regulate the loading or unloading of any ship, boat or vehicle conveying such goods;

(g)

prescribe the times at which lights or fires are to be allowed or prohibited on board any ship or boat conveying or keeping dangerous goods;

(h)

generally provide for the safety of persons and property from damage.

(3)

The authority may in the by-laws made under this section provide for the punishment of any contravention thereof by—

(a)

a fine not exceeding one thousand ringgit; and

Port Authorities 45

(b)

a further fine not exceeding two hundred and fifty ringgit for every day after the first during which the breach continued, where the breach is a continuing one.

(4)

The authority may cause any by-laws made under this section to be printed in English and national language, and may for the information of the public, exhibit such by-laws (whether in whole or in part) at such places as the authority deems fit.

PART VA

Declaration of pilotage district

Section 29A

(2)

Every such declaration shall define the limits of the pilotage district.

(3)

Notwithstanding the Merchant Shipping Ordinance 1952, this

Part shall apply to any pilotage district declared under this section.

The authority may require vessels to be under pilotage

Section 29B

(2)

A vessel while being moved within any area of the port which is or forms part of a pilotage district shall be deemed to be a vessel navigating in a pilotage district.

Authority to employ pilots

46 Laws of Malaysia ACT 488

Section 29C

(2)

No person shall be employed as an authority pilot in a pilotage district unless he is in possession of a valid licence to act as a pilot in such district issued under section 29H.

Power of Pilotage Committee to license employees of a licensed operator

29CA. (1) Notwithstanding anything to the contrary in this Act the authority may, if it considers expedient, authorize the Pilotage

Committee to issue a licence to any employee of a licensed operator to pilot vessels in a pilotage district of such authority subject to such terms and conditions as the authority thinks fit:

Provided that no such licence shall be issued to any such employee unless the Pilotage Committee has examined the employee and be satisfied as to the employee’s general fitness and competency, including his physical fitness to act as a pilot for the licensed operator.

(2)

A licence issued under subsection (1) shall cease to be valid if the employee to whom it was issued ceases to be employed by the licensed operator.

Vessel to be piloted by authority pilot or employee of a licensed operator or an authorized person

29CB. (1) No vessel shall be piloted in a pilotage district by any person other than the authority pilot or an employee licensed under subsection 29CA(1) of a licensed operator.

(2)

Notwithstanding subsection (1) the authority may, if it considers expedient, authorize any person to pilot vessels passing through its pilotage district, subject to such terms and conditions as the authority may impose.

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Appointment and functions of the Pilotage Committee

Section 29D

The authority with the approval of the Minister shall appoint a

(a)

holding examinations and issuing, on behalf of the authority, licences to act as an authority pilot or as a pilot employed by a licensed operator;

(b)

holding inquiries concerning the conduct of—

(i)

authority pilots;

(ii)

employees, licensed to pilot vessels in a pilotage district pursuant to subsection 29CA(1), of a licensed operator;

(iii)

persons authorized under subsection 29CB(2) to pilot vessels passing through a pilotage district, in the discharge of their duties as directed by the authority and make recommendations thereto;

(c)

investigating and advising on such matters as may be referred to the Committee by the authority; and

(d)

carrying out such other functions as are conferred on the

Pilotage Committee by this Act.

Constitution of the Pilotage Committee

Section 29E

Pilotage Committee for the purpose of—

(2)

The appointment of a member of the Pilotage Committee may be for any period not exceeding three years but such member shall be eligible for reappointment on completion of every such period.

48 Laws of Malaysia ACT 488

(3)

Three members of the Pilotage Committee shall form a quorum at any meeting of the Committee.

(4)

The Chairman of the Pilotage Committee shall preside at all meetings thereof:

Provided that if the Chairman is absent from a meeting or any part thereof, such member as the members of the Pilotage Committee present shall choose, shall preside in his place.

(5)

The Chairman or member presiding at any meeting of the

Pilotage Committee shall have a vote and, in the case of an equality of votes, a second or casting vote.

(6)

Members of the Pilotage Committee who are not employees of the authority may be paid, out of the funds of the authority, such fees and allowances as the authority may, from time to time, determine.

Public servants

Section 29F

The members of the Pilotage Committee shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Section 29G

Rules

Subject to this Act, the authority may from time to time make rules for the purpose of regulating the meetings and proceedings of the

Pilotage Committee.

Section 29H

Examination for licence

(2)

Subject to this Part, every pilot holding immediately prior to the coming into operation of the said Part, a licence issued under the

Merchant Shipping Ordinance 1952 to act as a pilot in the Port

Swettenham pilotage district, shall be deemed to be qualified for employment by the authority as a pilot, and the Pilotage Committee shall, on behalf of the authority, issue to such pilot when employed by the authority a licence to act as an authority pilot in the pilotage district, subject to such conditions as the Pilotage Committee may impose.

(3)

Every authority pilot shall whenever the Pilotage Committee considers that, owing to changed conditions or for any other sufficient reason, the further testing of the knowledge, efficiency or physical fitness of any such pilot is necessary, present himself for further examination, and shall in every such case first deposit with the Pilotage

Committee his licence issued by the said Committee on behalf of the authority to be returned or cancelled by the said Committee on behalf of the authority as the result of such test or examination determines.

(4)

The authority shall not continue to employ as a pilot any pilot whose licence to act as such is cancelled as the result of any test or examination carried out or held under subsection (3).

(5)

Any licence issued under this section shall cease to be valid upon the termination of any authority pilot’s employment with the authority.

Inquiries by Pilotage Committee

Section 29I

Port Authorities 49

(2)

For the purposes of such inquiry, the Pilotage Committee may summon any person to attend any meeting of the said Committee to give evidence on oath or produce any document or other thing in his possession and to examine him as a witness or require him to produce

50 Laws of Malaysia ACT 488

any document or other thing in his possession relative to the matters which are the subject matter of such inquiry.

(3)

Any person who—

(a)

being summoned to attend any such inquiry, fails to do so;

(b)

offers any act of disrespect or any insult or threat to the Pilotage

Committee or any member thereof during an inquiry; or

(c)

being required by the Pilotage Committee to give evidence on oath or affirmation or to produce a document or other thing, refuses to do so, shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand ringgit.

Submission of

Pilotage

Committee’s findings and recommendations to the authority

Section 29J

(2)

The authority may, after considering the findings and recommendations of the Pilotage Committee, suspend or cancel the licence of such authority pilot or employee licensed under subsection 29CA(1) of a licensed operator, or, in the case of such person authorized by the authority to pilot vessels pursuant to subsection 29CB(2), revoke such authorization, or impose such other punishment as the authority may think fit.

Port Authorities 51

(3)

Any authority pilot or any employee licensed under subsection 29CA(1) of a licensed operator who is aggrieved by any decisions of the authority in respect of suspension or cancellation of the licence made under subsection (2) may, within fourteen days from the date of such decision, appeal to the Minister whose decision shall be final.

Liability of the master or owner in the case of a vessel under pilotage

Section 29K

The master or owner of a vessel navigating in circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would if pilotage were not compulsory.

Section 29L

Limitation of pilots liability when bond is given

An authority pilot who has given a bond in accordance with subsection (2) shall not be liable for neglect, want of skill or incapacity in office beyond the penalty of such bond and the amount payable to the authority on account of pilotage in respect of the voyage in which he was engaged when he became so liable.

(2)

Every authority pilot shall undertake to give a bond in favour of the authority, in such sum as the authority considers reasonable, for the proper performance of his duties under this Part and any rules or by-laws under this Act.

(3)

Any bond by an authority pilot in accordance with this section shall not be liable to stamp duty.

(4)

Where any proceedings are taken against an authority pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this section, and other claims are made in respect of the same neglect, want of skill or incapacity in office, the court in which such proceedings are taken may—

52 Laws of Malaysia ACT 488

(a)

determine the amount of such pilot’s liability and, upon payment by him of such amount to court, distribute such amount rateably among the several claimants;

(b)

stay any proceedings pending in any other court in relation to the same matter; and

(c)

proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who have not submitted their claims within a certain time, and as to requiring security from such pilot and as to payment of any costs as the court thinks fit.

Pilotage Committee and authority not liable for loss or damage occasioned by pilots

Section 29M

(2)

Any authority pilot whilst engaged in any pilotage act shall, notwithstanding that he may be employed at a salary by the authority, be deemed to be the servant only of the master or owner of the vessel under pilotage and the authority shall not be liable for any loss or damage occasioned by any act, omission or default of such pilot.

Summary proceedings

Section 29N

A Court may, if it thinks fit, call upon two members of the

Pilotage Committee to sit with it as assessors in any proceedings affecting authority pilots under this Act or any regulations made thereunder.

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Section 29O

By-laws regulating pilotage and conduct of pilots

(2)

The authority may, in making any by-laws under this section, provide that any contravention of or failure to comply with any by-law shall be an offence and may prescribe as a penalty in respect of any one offence a fine not exceeding five thousand ringgit.

OFFENCES, DAMAGES, PENALTIES AND PROCEDURES

Refusal or neglect to appear before auditor or to produce books for inspection

Section 30

(a)

require the production before him of all books, deeds, contracts, vouchers and all other documents and papers which he deems necessary;

(b)

require any person holding or accountable for any such books, deeds, contracts, vouchers, documents or papers to appear before him at any such audit and examination or adjournment thereof, and to make and sign a declaration with respect to the same.

(2)

Any person failing to comply with the requirement of an auditor, made under subsection (1) or failing to produce any books of account to any person entitled to inspect the same shall be liable to a fine not exceeding two hundred ringgit.

Penalties on evading charges

54 Laws of Malaysia ACT 488

Section 31

Any master or owner of any vessel, or any owner, consignor or consignee of any goods imported into or exported out of the port, who by any means whatsoever eludes or evades, or attempts to elude or evade, or neglects or omits to pay, any of the charges leviable under this Act, shall pay to the authority by way of damages in addition to such charges, a sum equal to the charges so eluded or evaded, or attempted to be eluded or evaded, or neglected or omitted to be paid, and shall also be liable to a fine not exceeding two thousand ringgit.

Section 32

List of all goods imported or exported to be left at office of authority

(a)

the gross weight measurement, marks, numbers and contents of each package; and

(b)

the names of the consignees according to the bills of lading or the names of the person actually paying the freight for such goods.

(2)

Any owner, master or agent who fails to sign and leave such list shall be liable to a fine not exceeding two thousand ringgit.

(3)

The owner, charterer, consignor, agent or other person acting in the loading and clearing of every exporting vessel shall prepare a full and accurate list or manifest of all goods exported by such vessel, from the bills of lading and freight list thereof, and shall sign and leave at the office of the authority within fourteen days after such vessel has cleared from the port, a correct transcript of such list or manifest, distinguishing therein the names of the several shippers of such goods according to the bills of lading.

(4)

Any such owner, charterer, consignor, agent or other person who fails to prepare such list or manifest, and to sign and deliver such transcript, shall be liable to a fine not exceeding two thousand ringgit.

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Penalties to extend as well to principals as servants

Section 33

All penalties imposed by section 30 or section 31 shall extend—

(a)

to the principals in any house of business—

(i)

by whom or on whose account, or for whose profit or advantage, such payment has been eluded, evaded, neglected or omitted to be made; or

(ii)

by whom such lists, manifests and transcripts have been omitted to be made, signed, deposited and left; and

(b)

to any clerk and servant of such principals employed or acting in such house of business.

Penalty for disobeying orders of officers in charge of wharves

Section 34

(a)

brings in vessel, or causes it to be placed, alongside any wharf or dock entrance;

(b)

acts contrary to the directions, or fails to comply with the order, of the wharf superintendent in relation to the time and manner—

(i)

of coming into or going out of any dock; or

(ii)

of coming alongside any wharf; or

(iii)

as to the berth allotted for his vessel to occupy; or

(c)

disobeys any order to remove his vessel from any berth, such master or the owner of such vessel shall for every such offence be liable to a fine not exceeding one thousand ringgit.

56 Laws of Malaysia ACT 488

(2)

Where the master of any vessel which has finished loading or discharging or is waiting for cargo or ballast fails to comply with a notice given to him or to the officer in charge of such vessel by the wharf superintendent, directing the master or officer in charge to leave the wharf, such master or the owner of such vessel shall in addition to such fine be liable to pay a sum (by way of damages) assessed at the rate of one-quarter cent per gross registered ton for every hour that such vessel remains at the wharf after the time for departure required by such notice has expired.

Penalty for hindrances or obstructions to any member, officer or servant of the authority

Section 34A

Any person who hinders or obstructs any member, officer or servant of the authority in the performance or execution of his duty or in carrying out anything which he is empowered or required to do by virtue of or in consequence of this Act shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Penalty for not keeping a vessel so loaded with ballast or otherwise as to be safely removed

Section 35

(2)

Any master or owner of a ship contravening subsection (1) shall be liable to a fine not exceeding two thousand ringgit.

Penalties as to employment of pilot other than authority pilot

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Section 35A

Offences of an authority pilot

(2)

Any master or owner of a ship entering or being within any pilotage district who knowingly employs as pilot any person who is not an authority pilot or an employee licensed under subsection 29CA(1) of a licensed operator or any person authorized by the authority to pilot vessels pursuant to subsection 29CB(2) shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand ringgit.

(3)

For the purposes of this section an authority pilot acting beyond the limits for which he is licensed or in contravention of any conditions imposed under section 29H, shall be deemed not to be an authority pilot.

(4)

Any person may, without subjecting himself or his employer to any penalty, act as the pilot of a vessel entering or leaving any pilotage district when such vessel is in distress or under circumstances making it necessary for the master to avail himself of the best assistance that can be found at the time.

Receiving or offering improper rates of pilotage

Section 35B

(2)

An authority pilot, an employee of a licensed operator, master, owner or agent who acts in contravention of this section shall be liable for each offence to a fine not exceeding five hundred ringgit and the licence of the pilot may be suspended or cancelled.

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Offences of an authority pilot

Section 35C

(a)

is in any way directly or indirectly concerned in any corrupt practices relating to vessels, their tackle, furniture, cargoes, crews or passengers, or to persons in distress at sea or by shipwreck or to their moneys, goods or chattels;

(b)

lends his licence;

(c)

acts as a pilot while suspended;

(d)

acts as a pilot when in a state of intoxication;

(e)

refuses or wilfully delays, when not prevented by illness or other reasonable cause, to pilot any vessel within the limits for which he is licensed by the authority upon being required to do so by any employee of the authority duly authorized in that behalf; or

(f)

quits the vessel under his pilotage without the consent of the master, before the service for which he was engaged has been performed, shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand ringgit.

(2)

Any person who procures, aids, abets or connives at the commission of any offence under this section shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand ringgit.

(3)

Any authority pilot who commits an offence under this section, or procures, aids, abets or connives at the commission of any such offence shall be liable on conviction to suspension or dismissal by the authority.

Port Authorities 59

(4)

Any employee licensed under subsection 29CA(1) of a licensed operator or any person authorized to pilot vessels under subsection 29CB(2) who commits an offence under this section, or procures, aids, abets or connives at the commission of any such offence shall be liable on conviction to suspension or revocation of the licence or authorization as the case may be.

Penalty on pilot endangering ship, life or limb

Section 35D

Any authority pilot or an employee licensed under subsection 29CA(1) of a licensed operator who, when engaged in the pilotage of a vessel, by wilful breach of duty or by neglect or by reason of drunkenness, either—

(a)

does any act tending to the immediate loss, destruction or serious damage of the vessel, or tending immediately to endanger the life or limb of any person on board the vessel; or

(b)

refuses or omits to do any lawful act proper and requisite to be done by him for preserving the vessel from loss, destruction or serious damage, or for preserving any person belonging to or on board the vessel from danger to life or limb, shall be guilty of an offence under this Act and shall be liable on conviction to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years, and shall also be liable on conviction to suspension or dismissal by the authority:

Provided that no employee licensed under subsection 29CA(1) of a licensed operator shall be dismissed by the authority.

Failure to employ authority pilot or licensed pilot under certain circumstances

Section 35E

(2)

Upon being found guilty of any offence under subsection (1), the Court before which the master, owner or agent of the vessel is found guilty shall order such master, owner or agent to pay to the authority the amount certified by the accountant of the authority to be the amount of dues and rates which would have been payable to the authority if the vessel had been under pilotage as required by this Act and such amount shall be recoverable in the same manner as a fine.

Penalty for giving a false draught of water

Section 36

Any master of a vessel—

(a)

entering or leaving any dock; or

(b)

intending to enter or leave any dock, or to come alongside or to depart from any wharf, who gives false information relating to the draught of water of such vessel to any officer of the authority whose duty it is to ascertain the same, shall be liable to a fine not exceeding two thousand ringgit.

Penalty for giving false statement in return, etc.

Section 36A

Any person who makes any statement which is false in any material particular in any return, claim, application, declaration or other document which is requested or authorized to be made by or under this Act or any by-laws made thereunder, shall be liable to a fine not exceeding five thousand ringgit.

Penalty for throwing ballast, etc., into docks

Section 37

Port Authorities 61

Any person who throws or empties into any dock any ballast, rubbish, dust, ashes, stones or other refuse or things, or does any act to prejudice any of the works of the authority, shall be liable to a fine not exceeding two thousand ringgit.

Section 37A

Authority to recover expenses incurred for act done pursuant to a lawful direction

(2)

The powers conferred by subsection (1) include the power to hire and employ such persons as are necessary and proper for making good whatever loss or damage that has been caused by any refusal or neglect of the person to whom the direction has been given.

(3)

Any expenses incurred in the exercise of the powers conferred under subsection (1) or (2) shall be recoverable from the person to whom the direction has been given as a civil debt.

Contravention of section 20 or 21

Section 38

Any person contravening section 20 or 21 shall be liable to a fine not exceeding one thousand ringgit.

Section 39

General penalty

Any person contravening any of the provisions of this Act or any by-laws made thereunder shall be guilty of an offence and shall, if no penalty is prescribed therefor, be liable to a fine not exceeding five hundred ringgit.

62 Laws of Malaysia ACT 488

Section 39A

Offence committed by a body corporate: officers deemed to be guilty

Where an offence under this Act or under any of the regulations or by-laws made thereunder is committed by a body corporate

(whether or not the body corporate has been prosecuted), every director, secretary or manager of the body corporate shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances of the case.

Section 40

Evasion of charges not waived by subsequent acceptance of payment

The tender to, or acceptance by, the authority or any of its officers of the payment of any charge, which payment has previously been evaded or not made, shall not release or discharge any person from any liability for any damages or penalty provided by this Act, consequent upon such evasion or non-payment.

Section 41

Recovery of damages for injury done to property of authority

(2)

The authority may detain such vessel until—

(a)

such damage has been paid for;

(b)

a deposit equal in amount to the claim or demand made by the authority for the estimated amount of the damage so done by such vessel has been made by the master or owner of such vessel; or

Port Authorities 63

(c)

security has been given for the payment of the entire amount of such damage.

(3)

Where a deposit has been made, the authority shall receive and retain such deposit until the entire amount of such damage has been ascertained by the authority and paid to the authority by the master or owner of such vessel.

(4)

Every deposit aforesaid shall be considered to have been made as payment of or towards the claim or demand for damage referred to in subsection (1), unless notice that the claim is disputed is given to the authority within seven days after such deposit is made.

(5)

After the expiration of seven days next following such deposit, the authority may unless—

(a)

in the meantime notice has been given to them that the claim is disputed; or

(b)

the amount of damage done by such vessel has been sooner paid, apply such deposit or a sufficient part thereof in making good the damage aforesaid, and the authority shall return the residue (if any) to the said master or owner.

(6)

Every notice declaring that a claim is disputed shall be in writing and shall contain the name and address of some person within

Malaysia, who is authorized to act on behalf of such master or owner in reference to such claim.

(7)

Service of any documents or legal process on the person, specified under subsection (6), shall be deemed good service on such master or owner for all purposes.

Power to board and seize

Section 41A

(2)

The General Manager or such person as may be authorized by him may, in exercising his powers and carrying out his duties under subsection (1), seize any article, document or thing which he has reasonable ground for believing has been used for the commission of, or is the subject matter of, or is required for the purpose of investigation and prosecution of, an offence under this Act or any by-laws made thereunder.

(3)

Any master of such vessel who wilfully delays, fails to comply with any order lawfully given, withholds any information or obstructs in any manner whatsoever the General Manager or such person as may be authorized by him pursuant to subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

Power of General Manager or authorized person to order scuttling or removal of vessel in case of fire

Section 41B

(2)

If the orders given pursuant to subsection (1) are not carried out forthwith by the master of the vessel, the General Manager or the person authorized by him may himself proceed to carry the orders into effect.

(3)

Any expenses incurred in the exercise of the powers conferred by subsections (1) and (2) shall be recoverable from the master or the owner of the vessel concerned as a civil debt.

Port Authorities 65

Offences to be tried before a Magistrate’s Court

Section 42

All offences under this Act or under any by-laws made thereunder shall be triable by a Magistrate’s Court and notwithstanding any law to the contrary, the Magistrate shall be empowered to impose the penalties prescribed therefor.

Section 43

Distress in the event of failure to pay damages or costs

(2)

The Court may order any person against whom a warrant of distress has been levied under this section to be kept in safe custody until return can be made to such warrant, unless such person gives a security by way of recognizance or otherwise for his appearance before the Court on the day appointed for such return.

(3)

If it appears to the Court by the admission of the person aforesaid or otherwise that no sufficient distress can be had within the jurisdiction of the Court for the purpose of recovering the damages or costs awarded to the authority under this section, the Court shall commit such offender to prison for a term not exceeding six months unless such damage or costs are sooner paid and satisfied.

Limitation of period of prosecution

Section 44

No prosecution for an offence under this Act or any by-laws made thereunder shall be instituted later than three years from the date of the commission of the offence.

Section 45

Service on company or summons of offence

(2)

Service of the summons at the usual place of business of such firm shall be deemed to be a sufficient service thereof.

Conduct of prosecutions

Section 46

Prosecutions in respect of any offence against this Act or of any regulations or by-laws made thereunder may be conducted by any officer authorized in writing by the Chairman.

Section 46A

Power to compound offence

(2)

The General Manager may in his discretion compound such offence prescribed under subsection (1) by accepting from the person reasonably suspected of having committed any such offence a sum of money not exceeding five hundred ringgit.

(3)

The Minister may by the same order made under subsection (1)

prescribe the method and procedure for compounding any offence against this Act or any regulations or by-laws made thereunder.

NEW PORTS

Establishment of new ports

Section 47

(1A)

The powers referred to in subsection (1) shall include the power to amend the name of any port under the First Schedule.

(2)

Any order made under this section may provide for the management or operation of the new port during any transitional period, for the transfer of and vesting in the authority of any undertakings made in respect of the port before the establishment of the authority and for the transfer of any officers and servants to the service of the authority.

PART VIIA

EXTENSION OF THE FUNCTIONS, ETC., OF A PORT

AUTHORITY TO OTHER PORTS

Power of Minister to extend port authority’s functions to other ports

Section 47A

(2)

An order under subsection (1) may provide that the port authority in respect of which it is made shall, in carrying out the administration of the port to which its control, is extended, to include among its members such other persons or persons as may be specified in the order either by name or by office.

(3)

A port authority in respect of which an order is made under subsection (1) shall be deemed for all purposes to be the port authority in respect of the port specified in the order as if it were a port authority established in respect of that port under this Act and shall in carrying out its functions be styled by such name as may be provided in the order.

68 Laws of Malaysia ACT 488

Port authority in carrying out its extended functions shall be deemed to be an independent port authority

Section 47B

A port authority in carrying out its functions in respect of the port to which they are extended shall carry them out as if it were an independent port authority established in respect of such port.

Power of Minister to make provisions for the port authority to carry out its functions

Section 47C

An order of the Minister under section 47A may contain all such provisions as the Minister may deem necessary to enable the port authority specified in the order to carry out its functions in relation to the port over which they are extended.

PART VIIB

SPECIAL POWERS

Section 47D

Special powers in emergency

(a)

take temporary possession of any port service or facility established, maintained or worked by any person licensed under this Act; or

(b)

withdraw either partially or totally the use of any port service or facility from any person or class of persons or from the public at large.

(2)

If any doubt arises as to the existence of a public emergency or whether any act done under subsection (1) was in the interest of public safety, a certificate signed by the Prime Minister and exhibited at such places as the Minister deems fit shall be conclusive proof on the point.

Port Authorities 69

PART VIII

TRANSITIONAL

Application of this Part

Section 48

The following provisions of this Part shall have effect in respect of Port Kelang Authority (hereinafter referred to as “the Authority”).

Assistance to the authority by the

Malayan

Railway

Section 49

Administration for a period of three years

(2)

The Authority shall reimburse the Administration any expenses incurred by the Administration in respect of any assistance rendered to the Authority in pursuance of subsection (1).

(3)

Any dispute as to the amount required to be reimbursed to the

Administration or as to the reasonableness of a request for any assistance made by the Authority to the Administration shall be determined by the Minister who, in respect of a dispute relating to the request aforesaid, shall specify whether the request made is to be complied with in whole or in part, and, if in part, the extent thereof;

and the determination of the Minister shall be final.

Transfer of undertakings

Section 50

(A)

427/1974 respectively. Johore Port has been changed to Pasir Gudang Port–see P.U. (A) 290/1999.

70 Laws of Malaysia ACT 488

Authority) as the Minister may specify, the remainder thereof to be finally transferred by the 1 January 1964.

(2)

The extent of the remainder of the undertakings required to be transferred by 1 January 1964, shall be as agreed to by the Authority and the Administration, or, in default of agreement, as may be determined by the Minister whose determination thereon shall be final.

(3)

Notwithstanding the foregoing provisions of this section, all rights and liabilities which immediately before the date of the establishment of the Authority aforesaid were the rights and liabilities of the Administration in respect of Port Kelang, or of officers and servants of the Administration mentioned in subsection 52(1) shall on the said date be the rights and liabilities of the Authority.

(4)

There shall be made between the Authority and the

Administration consequent upon the transfer of undertakings and of rights and liabilities under this section such financial adjustment as may be agreed to by the Authority and the Administration or, in default of such agreement, as shall be determined by the Minister.

(5)

In this section the expression “undertakings” includes lands and other movable or immovable property held or enjoyed in connection with Port Kelang or appertaining thereto.

Repayment of loan charges to Administration

Section 51

(2)

In the case of such loans drawn prior to 1 January 1959, which were drawn for both the purposes of the Administration and of Port

Kelang 18.451 per centum of the loan interest and redemption thereon shall be paid by the Authority annually to the Administration.

(3)

Any dispute arising between the Authority and the

Administration as to the payment of any loan charges under this section

Port Authorities 71

shall be referred to the Minister of Finance whose decision thereon shall be final.

Transfer of officers and servants of the administration

Section 52

(2)

Any officer or servant of the Administration who has by virtue of subsection (1) become an officer or servant of the Authority may not later than twelve months from the making of any rules under section 15 (relating to salaries, allowances and conditions of service of officers and servants) by the Authority elect in writing whether to continue in the service of the Authority or to revert to the service of the Administration; and if he elects to revert to the service of the

Administration, shall thereupon revert to the service of the

Administration on terms and conditions not less favourable than those which would have attached to his service had he not become an officer or servant of the Authority by virtue of subsection (1); and his service with the Authority shall be deemed to be service with the

Administration.

(3)

Any officer or servant who reverts to the service of the

Administration under subsection (2) may, by reason that no vacancy is immediately available for him in the service of the Administration, be required by the Administration, and the Authority shall permit him, to continue to serve with the Authority for a period not exceeding five years.

(4)

In determining whether the terms and conditions of service are or are not less favourable, as aforesaid, regard shall be had to salary or wages, conditions relating to termination of service, retirement benefits, medical attention, quarters, allowances, leave and overseas

72 Laws of Malaysia ACT 488

passages (if any) for himself and his family and any other benefits whether provided for himself or his widow or dependants.

(5)

Any question arising as to whether any terms and conditions of service are less favourable than those attached to the service mentioned in subsection (1) or (2) shall be referred to the Minister whose decision thereon shall be final.

(6)

For the purpose of subsection (2), the rules under section 15

therein mentioned shall be made as soon as possible and in any case not later than 24 months after the date of establishment of the

Authority.

Officers and servants of the Authority by virtue of subsection 52(1)

to be deemed for the purpose of pensions to continue in the service of the Administration

Section 53

(2)

Any person who joined the Administration prior to 1 July 1952, and who by virtue of subsection 52(1) becomes an officer or servant of the Authority and who immediately before the date of his becoming such officer or servant of the Authority held an office which was a non-pensionable office under the Pensions Ordinance 1951, shall for the purpose of the said Ordinance be deemed to continue to hold such office so long as he is in the service of the Authority and subject to the said Ordinance shall be eligible for the grant of a gratuity or retiring allowance as if his service under the Authority were service under the

Port Authorities 73

Administration, and may be granted such gratuity or allowance based on his last drawn salary.

(3)

Subsection (2) shall not affect any agreement relating to gratuity or to retirement or other allowances entered into by any person mentioned in the said subsection with the Administration.

Proportion of pensions and other allowances of officers and servants of the Administration to be borne by the Authority

Section 54

(2)

All pensions, gratuities and other retirement allowances payable to any person who by virtue of subsection 52(1) becomes an officer or servant of the Authority shall be charged on the funds of the Authority, and the Authority shall in respect of such proportion of the said pensions, gratuities and retirement allowances as is attributable to the service of such person with the Administration, be reimbursed by the

Administration.

(3)

The Authority shall meet such proportion of any pensions, gratuities or other retirement allowances payable to officers and servants of the Administration retiring after the date of establishment of the Authority, as is attributable to service at Port Kelang.

(4)

Any dispute arising as to whether any period of service of any officer or servant is service with the Administration or Authority shall be determined by the Minister whose decision thereon shall be final.

Depositor in Railway Provident Fund transferred to the Authority

Section 55

(2)

Where any person who continues to be a depositor in the

Provident Fund ceases to be an officer or servant of the Authority, the

Malayan Railway Provident Fund Ordinance 1952, and any rules made thereunder which would have been applicable upon his ceasing to be an officer or servant of the Administration shall apply as if he had remained an officer or servant of the Administration and had ceased to be such an officer or servant at the time at which and in circumstances similar to those in which he ceased to be an officer or servant at the

Authority.

(3)

The following provisions shall, as respects a person continuing to be a depositor in the Provident Fund, have effect:

(a)

the Board of Managers of the Provident Fund may in respect of such person grant benefits and make payments into and out of the Fund as if his employment by the Authority were employment by the Administration.

(b)

the Authority shall deduct from his remuneration such amounts as he is liable to deposit in the Provident Fund and shall from time to time pay to the Administration the amounts so deducted to be carried by the Administration to his credit in the said Fund; and

(c)

the Authority shall from time to time pay to the

Administration such amounts as the Administration would be liable to pay to the Provident Fund by way of bonuses in respect of his remuneration if his employment by the

NOTE—The Malayan Railway Provident Fund Ordinance 1952 [Ord. 21 of 1952] has been repealed by the Malayan Railway Provident Fund (Dissolution) Act 1995 [Act 534].

Port Authorities 75

Authority were employment by the Administration and such amounts shall be carried by the Administration to his credit in the said Fund.

Widows’ and orphans’ pensions

Section 56

Any person who by virtue of subsection 52(1) becomes an officer or servant of the Authority and who immediately before the date of establishment of the Authority, was a contributor to the widows’ and orphans’ pension scheme established under the Widows’ and Orphans’

Pensions Enactment of the Federated Malay States [F.M.S Cap. 26]

shall continue to contribute to such scheme and shall be entitled to benefit thereunder in all respects as if his service with the Authority were service with the Administration:

Provided that if, at any time, the Board establishes a widows’ and orphans’ pension scheme, any such persons who has accepted permanent employment with the Authority may elect to contribute to such last mentioned scheme, and, in that event, paragraph 12(i) of the said Enactment shall apply, and for such purpose, service with the

Authority shall be deemed to be service to which such subsection relates.

Section 57

Repeal

(2)

Consequent upon subsection (1), on the date of the establishment of the Authority—

76 Laws of Malaysia ACT 488

(a)

the Port Swettenham Board established under section 44A of the Railway Ordinance 1948, and any committees appointed by that Board shall cease to exist; and

(b)

Part VA of the said Ordinance shall be repealed.

Section 58

Nothing in this Act contained shall affect the Customs Act 1967

[Act 235].

Section 59

In this Act, unless the context otherwise requires—

“authority” means the port authority established under section 2;

“authority pilot” means a pilot employed by the authority pursuant to section 29C;

“Chairman” means the chairman of the authority and in the absence of the Chairman, the Deputy Chairman or temporary Chairman;

“charges” includes any toll, due, rent or other charge leviable under this Act;

“dock” includes basins, locks cuts, entrances, graving, docks, keel blocks, inclined planes, slipways gridirons, quays, warehouses and other works and things appertaining to any dock;

“estimates” means in respect of recurrent revenue the best possible commercial forecast of revenue taking into account the general conditions of world trade and all other relevant factors and in respect

Port Authorities 77

of recurrent expenditure the best possible commercial forecast of expenditure likely to be incurred having regard to the estimates of revenue;

“General Manager” means the General Manager of the port appointed under section 13;

“goods” includes livestock, minerals and wares and merchandise of every description;

“Government” means the Government of Malaysia;

“land” includes the bed of the sea below high water mark;

“licensed operator” means a licensed operator licensed under Part

III of the Ports (Privatization) Act 1990;

“licensed warehouses” has the meaning assigned to it in the

Customs Act 1967;

“master” includes every person, except a pilot, having for the time being the command or charge of any vessel;

“Minister” means the Minister charged with the responsibility for ports;

“owner” in relation—

(a)

to goods includes any consignor, consignee, shipper or agent for the sale, custody, shipping or landing of such goods; and

(b)

to any vessel includes any part owner, charterer, consignee or mortgagee in possession of the vessel;

“pier” includes any stage, stairs, landing places, landing stage, jetty, floating barge or pontoon and any bridge or other works connected therewith;

“pilotage district” means any area in the port or approaches to the port declared under section 29A to be a pilotage district;

78 Laws of Malaysia ACT 488

“Pilotage Committee” means the Pilotage Committee appointed under section 29D;

“port” means the port specified in the Schedule within the limits declared under section 6 of the Merchant Shipping Ordinance 1952;

“revenue” means any moneys received by the Authority by way of charges, scales of charges or other duties imposed by or under this Act and includes any moneys provided under section 6;

“ship” includes every description of vessel used in navigation not propelled by oars;

“vessel” includes any ship or boat or any other description of vessel used in navigation;

“wharf” includes any wall and building adjoining the foreshore, sea-bed or river-bed;

“wharf superintendent” means an officer of the authority in charge of the wharf or wharves of the authority.

Port Authorities 79

[Subsection 2(1) and Section 48]

(1)

(2)

(3)

Port

Port Authority

Date of establishment

Port Kelang

Port Kelang Authority 1 July 1963

Kuantan Port

Kuantan Port Authority 1 September 1974

Pasir Gudang Port

Johore Port Authority 1 January 1975

Kemaman Port

Authority 1 September 1993

[Subsection 2(3)]

Section 1

(a)

a person who is of unsound mind or is otherwise incapable of performing his duties;

(b)

a bankrupt;

(c)

a person who has been convicted of an offence and sentenced to imprisonment for a term of not less than one year.

(2)

A member of the authority shall vacate his office if he is absent from Malaysia for a period of more than three months, without the approval of the Minister.

(3)

There shall be paid out of the fund to members of the authority, or to such of those members as the Minister may determine, such allowances as he may determine.

Section 2

(2)

Where the Chairman is also the General Manager, such Chairman shall have no vote in his capacity as the General Manager.

(3)

If on any question to be determined by the authority there is an equality of votes, the Chairman shall have a casting vote.

(4)

In the absence of the Chairman, the Deputy Chairman shall preside at a meeting.

80 Laws of Malaysia ACT 488

(5)

Subject to subparagraphs (1) to (4) the authority shall determine its procedure.

(6)

The seal of the authority shall be authenticated by either the Chairman and the

General Manager or General Manager and any one officer duly authorized by the authority to act in that behalf and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is shown be deemed to have been validly executed.

Section 3

(2)

Subject to any directions of the authority, the quorum and procedure of a committee shall be determined by the committee.

Section 4

The authority may delegate to the Chairman or to any member or officer of the authority or to any committee any of their functions.

Section 5

Any member of the authority (as well as any officer and servant) shall be deemed to be a public servant within the meaning of the Penal Code.

Section 6

A member of the authority having any interest in any company or undertaking with which the authority proposes to make any contract or having any interest in any such contract shall disclose to the authority the fact of his interest and the nature thereof, and such disclosure shall be recorded in the minutes of the authority and unless specifically authorized thereto by the Chairman, the member shall take no part in any deliberation or decision of the authority relating to the contract.

81

Act 488

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 18/1965

Port Authorities (Amendment)

Act 1965

21-01-1965

P.U. (A) 450/1969

Essential (Port Authorities)

Regulations 1969

31-10-1969

Act A8

Port Authorities (Amendment)

Act 1969

27-02-1969

Act A83

Port Authorities (Amendment)

Act 1971

24-09-1971

Port Authorities (Amendment)

Act 1972

01-04-1972

Act A137

Port Authorities (Amendment)

(No. 2) Act 1972

07-07-1972

P.U. (A) 248/1973

Port Authorities (Johore Port)

Order 1973

01-05-1973

P.U. (A) 427/1974

Port Authorities (Kuantan Port)

Order 1974

01-09-1974

Act A394

Port Authorities (Amendment)

Act 1977

01-04-1977

P.U. (A) 286/1981

Port Authorities (Johore Port)

(Amendment) Order 1981

01-01-1975

Act A560

Port Authorities (Amendment)

Act 1983

13-05-1983

Act A618

Port Authorities (Amendment)

Act 1985 31-05-1985

82 Laws of Malaysia ACT 488

Amending law

Short title

In force from

Act 422

Ports (Privatization) Act 1990

02-04-1990

Act A784

Port Authorities (Amendment)

Act 1990

12-11-1990

P.U. (A) 235/1992

Revision of Laws (Rectification of Port Authorities Act) Order 1992

18-03-1992

P.U. (A) 278/1993

Port Authorities (Kemaman Port)

Order 1993

01-09-1993

Act A935

Port Authorities (Amendment)

Act 1995

10-11-1995

P.U. (A) 252/1996

Revision of Laws (Rectification of

Port Authorities Act) Order 1996

18-03-1992

P.U. (A) 290/1999

Port Authorities (Amendment of

First Schedule) Order 1999

11-11-1995

83

Act 488

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

2

P.U. (A) 450/1969 31-10-1969

3

3A

Act A99 01-04-1972 3B

5A

8

8A

9

13A

Act A8 27-02-1969

15

Act 18/1965 21-01-1965

16

Act 18/1965 21-01-1965

16A

Act 422 02-04-1990

Act A935 10-11-1995

84 Laws of Malaysia ACT 488

Section

Amending authority

In force from

17A

17B

18A

19

PART IIIA

29

PART VA

29A

29B

29C

29CA

29CB

29D

29E

29F

29G

29H

29I

29J

29K

29L

Port Authorities 85

Section

Amending authority

In force from

29M

29N

29O

31

32

34A

35

35A

35B

35C

35D

35E

36

36A

37A

38

39A

41A

86 Laws of Malaysia ACT 488

Section

Amending authority

In force from

41B

44

Act A394 01-04-1985

46A

PART VIIA

PART VIIB

47

Act A935 10-11-1995

48

Act A137 07-07-1972

51

52

Act 18/1965 21-01-1965

54

Act 18/1965 21-01-1965

57

Act 18/1965 21-01-1965

59

Act A137 07-07-1972

P.U. (A) 248/1973 01-05-1973

P.U. (A) 427/1974 01-09-1974

P.U. (A) 278/1993 01-09-1993

P.U. (A) 290/1999 11-11-1995

*PORT AUTHORITIES ACT 1963

About this act

PART I

(2)

(3)

(4)

(a)

(b)

(5)

(6)

(7)

(8)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(m)

(n)

(o)

(p)

(q)

(r)

(s)

(t)

(u)

(v)

(w)

(x)

(y)

(2A)

(a)

(b)

(3)

(a)

(b)

(c)

(d)

(e)

(4)

(5)

(2)

(2)

(3)

(a)

(b)

(2)

(2)

(a)

(b)

(c)

(2)

(3)

(4)

(5)

(6)

(a)

(b)

(c)

(7)

(2)

(a)

(b)

(c)

(d)

(3)

(4)

(5)

(6)

(7)

(a)

(b)