Malaysia legislation
Section 191
Section 191
(1)
of the Schedule shall only be authorized to carry out the services and activities stipulated in the agreement and supplementary agreement set out opposite his name in column (2) of the Schedule for a period of three months from the appointed date or such other period as may be extended by the Commission unless the person lodges a certified true copy of the agreement and supplementary agreement with the Commission within such period or extended period.
(2)
Notwithstanding subsection (1), the authorized person who lodges a certified true copy of the agreement and supplementary agreements with the Commission under subsection (1) shall continue to be authorized under this section until the expiry of a period of two years or such other period as may be extended by the Commission after the appointed date.
(3)
The authorization granted to the persons authorized under subsection (1) shall lapse if they fail to register with the Commission within three months or the extended period after the appointed date.
(4)
The person authorized under subsection (1) shall as soon as possible after lodging his agreement and supplementary agreements, but in any event not later than three months after the lodgement date, commence renegotiation of his agreement and supplementary agreement with the Federation and the other counter parties to the agreement and supplementary agreement so as to address any national interest issues arising from the coming into operation of this Act.
(5)
The determination of what amounts to national interest issues arising from the coming into operation of this Act shall be made by the Minister and such determination shall be final and binding upon all persons and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.
(6)
Upon the finalization of the renegotiated agreement or supplementary agreement effecting the amendments, if any, the
Commission shall register the amended agreements notwithstanding section 173.
(7)
Notwithstanding the provisions of this Act, any other written law or any rule of law or contract, the failure of a person authorized under subsection (1) to commence renegotiation of his agreement and supplementary agreement as required under subsection (4)
shall be a ground for the authorization referred to in subsection
(1)
to be revoked or for a licence under this Act not to be granted to such person.
(8)
If an authorization has been revoked under subsection (7)
or if a grant of licence is refused on the ground specified in subsection (7), the Federal Government, Minister or Commission shall not be liable—
(a)
to pay any compensation to; and
(b)
for any loss or damage suffered or incurred by, the person affected by the revocation of the authorization or the refusal of the grant of licence.
Water Services Industry 133
(9)
If a person’s authorization is revoked under subsection (7)
or the person has been refused a licence on the ground specified in subsection (7), the Minister shall exercise his powers under section 114 and all provisions relating to section 114 shall apply accordingly.
Indication to migrate to licence