Malaysia legislation
Section 117
Section 117
(a)
submit its property, business and affairs to such control to the Commission or the appointed person, as the case may be; and
(b)
provide to the Commission or the appointed person, as the case may be, all such facilities as may be required to carry on the business and affairs of the licensee.
(2)
If the control of a licensee has been assumed in pursuance of an order made under subsection 113(4) or section 114, the
Commission, or the appointed person, as the case may be, shall remain in control of the property, business and affairs of the licensee concerned, and carry on the business and affairs of that licensee in the name and on behalf of that licensee, as provided in the order, until such time when the order is revoked.
(3)
During the period that an order made under subsection 113(4)
or section 114 is in force—
(a)
all the powers of the licensee and of its directors under the licensee’s constituent documents, or exercisable by the licensee or its directors under any written law, shall be vested in the Commission or in the appointed person, as the case may be, regardless whether such powers are exercisable by resolution, special resolution or in any other manner and any difficulty arising from the vesting may be resolved by the Minister by a direction in writing;
(b)
no director of the licensee to which the order relates shall, either directly or indirectly, engage in any activity in relation to the licensee, except as may be required or authorized by the Commission or the appointed person, as the case may be, and no remuneration or any payment shall accrue or be payable to any director of the licensee, except such as may be approved in writing by the
Commission or the appointed person, as the case may be, in relation to any activity required or authorized as aforesaid by the Commission or the appointed person, as the case may be; and
(c)
the Commission or appointed person, as the case may be, shall manage the assets and affairs of the licensee to continue the supply of water and the provision of sewerage services to the public.
(4)
An order under subsection 113(4) or section 114 shall not have the effect of conferring on or vesting in the Commission or the appointed person, as the case may be, any title to or any beneficial interest in any property of the licensee to which the order relates.
Water Services Industry 91
(5)
Where the control of a licensee has been assumed in pursuance of an order made under subsection 113(4) or section 114, the
Federal Government, Minister, Commission, any member of the
Commission, any employee or agent of the Commission and the appointed person shall not be liable to any action or proceedings in a court by any party for any loss or damage caused by any act or matter done or omitted to be done by the Minister, Commission, any member of the Commission, any employee or agent of the
Commission and the appointed person in good faith and in the intended exercise of any function or power under this Part.
(6)
A person who contravenes subsection (1) or paragraph (3)(b)
commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(7)
For the purpose of this section, sections 118 and 119,
“appointed person” means the person who has been appointed by the Commission to assume control over the whole or part of the property, business and affairs of a licensee on behalf of the
Commission under an order made by the Minister under subsection 113(4) or section 114.
Effect of obstructing or hindering Commission or appointed person