*HIGHWAY AUTHORITY MALAYSIA (INCORPORATION) ACT 1980

This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

This Act shall apply throughout Malaysia.

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Interpretation

The Schedule shall apply to the Authority.

Composition of the Authority

a Chairman;

a representative of the Ministry responsible for public works;

the Secretary General of the Ministry responsible for finance or his representative;

the Director General of the Economic Planning Unit or his representative;

the Director General, Public Works Department, Peninsular

Malaysia or his representative; and

the Director General.

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The Minister may, in addition to the persons mentioned in subsection (1), appoint to be members of the Authority not more than four other persons to represent special interests in highways for a term not exceeding two years.

Any member appointed under subsection (2), who ceases to be a member of the Authority shall be eligible for reappointment.

Alternate members

When attending meetings of the Authority, an alternate member shall for all purposes be deemed to be a member of the Authority.

An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member for whom he is an alternate member ceases to be a member.

Temporary exercise of functions of Chairman

Until an appointment is made under subsection (1) or in default of such appointment, the member appointed under paragraph 4(1)(b) shall exercise all the functions of and be deemed to be the Chairman.

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Quorum, voting and vacancies

In the event of the votes on any question being equal the person presiding shall have a casting vote in addition to his deliberative vote.

The Authority may act notwithstanding any vacancy in its membership.

Disclosure of interest

A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority or committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—

The member of the Authority or committee who fails to disclose his interest as required under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

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No act or proceedings of the Authority or committee shall be invalidated on the ground that any member of the Authority or committee has contravened this section.

For the purposes of this section—

“a member of his family”, in relation to a member of the Authority or committee, includes—

The appointment of the Director General shall be with the prior approval of the Minister.

The Authority shall, before establishing or modifying any scheme of service for its officers or servants, including the terms and conditions of service, the salaries, allowances, and other remunerations payable, and other benefits, obtain the approval of the Minister and the concurrence of the Minister of Finance.

Duties of Director General

be responsible for implementing the policy decisions of the

Authority and for the general administration of its affairs;

exercise supervision and control over all officers or servants, employed by the Authority; and

perform such other duties as the Authority may from time to time determine.

In discharging his duties, the Director General shall act under the general authority and directions of the Authority.

The Authority may appoint temporarily any officer of the

Authority to act as the Director General for the period—

to supervise and execute the design, construction and maintenance of highways as determined by the Federal

Government;

to supervise and execute the design, construction and maintenance of rest and service areas and other facilities that may be deemed necessary along highways as determined by the Federal Government;

(ba) to advise the Federal Government on any matters relating to highways;

(bb) to formulate, implement and monitor the standard for highways;

(bc) to undertake the planning, design, construction, operation, management and maintenance of highways;

(bd) to improve the information management system relating to traffic on highways;

(be) to improve the infrastructure and facilities for highways;

to collect toll from the users of highways and other dues from facilities along highways;

Highway Authority Malaysia (Incorporation) 15

(ca) to impose fees or any other charges for services rendered by the Authority as determined by the Minister;

to plan and carry out research and studies on any matter relating to highways to ensure efficient utilization of highways and other facilities along highways; and

to do anything incidental to any of its functions under this

Act.

The Authority may, with the approval of the Minister, make such regulations as are reasonably necessary for, or expedient or incidental to, the discharge of its functions under subsection (1), and in particular, but without prejudice to the generality of the foregoing, such regulations may—

The Authority shall have power to do all things reasonably necessary for, or expedient or incidental to, the discharge of its functions, and in particular, but without prejudice to the generality of the foregoing—

There shall be paid into the Fund—

Where there is an excess of moneys in the Fund under paragraph (2)(a) in relation to the performance of functions of the

Authority under this Act, such excess of moneys shall be paid by the

Authority into the Federal Consolidated Fund.

Expenses to be charged on the Fund

defraying such expenditure as the Authority may properly incur in carrying out its functions and exercising its powers;

repaying any moneys borrowed by the Authority under section 16 and the interest due thereon;

lending to employees of the Authority for the purpose of purchasing or building dwelling houses or purchasing conveyances on such terms and conditions as may be prescribed; and

generally, paying any expenses for carrying into effect the provisions of this Act.

Reserve fund

The payment into and out of the reserve fund shall be determined by the Authority:

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Provided that no part of the reserve fund shall be applied otherwise than for the purposes of the Authority.

Toll on vehicles using highways

Orders made under this section may prescribe different amounts and rates of toll for different types and categories of vehicles.

Power to borrow

in any investment or securities authorized for the investment of trust funds by any written law for the time being in force;

or

in such other investment or securities as the Authority may deem fit.

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Power to establish companies

The Chairman shall, not later than one month before the commencement of each financial year, lay before the Authority an estimate of the revenue and expenditure, including capital expenditure, of the Authority for the ensuing financial year in such detail and form as the Authority may determine.

The Chairman shall cause to be sent to every member of the

Authority a copy of the estimate not later than fourteen days prior to the date of the meeting at which the estimate is to be laid.

Accounts and audit

The Authority shall, not later than three months after the end of its financial year, cause its accounts to be audited by the Auditor

General or any other auditor to be approved by the Auditor General.

The Authority shall, not later than the thirtieth June of each financial year, cause a copy of the statement of accounts to be transmitted to the Minister together with a copy of the observations made by the auditor on any statement of accounts or on the accounts of the Authority.

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The Minister shall cause a copy of every such statement and observations transmitted to him under subsection (3) to be laid on the table of each House of Parliament.

Annual report

The Minister shall cause a copy of every such report transmitted to him under subsection (1) to be laid on the table of each House of

Parliament.

Any highway or part thereof the cost of construction of which was or is defrayed from the Fund shall come under the control and management of the Authority.

All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before the commencement of this Act, affecting any of the transferred highway shall be of as full

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force and effect against or in favour of the Authority, and enforceable as fully and effectually as if, instead of the Federal Government, the

Authority had been named therein or had been a party thereto.

Following the notification in subsection (1) all land reserved to the Federal Government and where applicable with the consent of the appropriate State Government all land reserved under any written law relating to land, for the purpose of such highway or part thereof which are transferred to the Authority, shall be deemed to be reserved for the purpose of the Authority and every such reserve shall continue subject to the written law relating to land applicable to such reserve.

Withdrawal of highways from the control and management of the

Authority

If such highway or part thereof is a Federal road under the

Federal Roads Act 1959 or by virtue of any other written law, or if the cost of construction of such highway or part thereof was defrayed from the Fund, then, notwithstanding the notification under subsection (1), such highway or part thereof shall continue or be deemed to be a

Federal road accordingly.

All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the date specified in the notification under subsection (1) and affecting the highway or part thereof prescribed in the notification shall be of as full force and effect against or in favour of the Federal Government, and enforceable as fully and effectually, as if, instead of the Authority, the Federal

Government had been named therein or had been a party thereto.

With effect from the date specified in the notification under subsection (1), all land reserved or deemed to be reserved for the purpose of the Authority by virtue of subsection 21(3) and included in

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the highway or part thereof prescribed in the notification shall be deemed to be reserved for the purpose of the Federal Government and every such reserve shall continue subject to the written law relating to land applicable to such reserve.

Notwithstanding that a highway or part thereof has ceased to be under the control and management of the Authority by virtue of a notification under subsection (1), the Minister may in writing direct the

Authority to supervise or execute the maintenance, either generally or in particular respects, of the highway or part thereof, in which event all costs and expenses incurred in carrying out such direction shall be borne by the Federal Government absolutely.

Notwithstanding the notification under subsection (1), any order under section 15 relating to toll in respect of the highway or part thereof prescribed in the notification shall continue to be in force until it is revoked by the Minister with the concurrence of the Minister of

Finance.

Expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Authority.

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Where any immovable property has been acquired under this section, the Authority shall take out the necessary document of title in respect of the property and shall pay any rent to which the property is subject.

Any person who—

any offence under this Act or any regulations made under this

Act as an offence which may be compounded; and

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*NOTE—Previously “shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both”–see paragraph 11(b) of the Highway Authority Malaysia (Incorporation) (Amendment) Act 2024 [Act A1710].

**NOTE—Previously “five thousand ringgit”–see section 12 of the Highway Authority Malaysia

(Incorporation) (Amendment) Act 2024 [Act A1710].

Highway Authority Malaysia (Incorporation) 25

the method and procedure for compounding such offence.

The Director General or any officer of the Authority authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the Director General, a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.

The written offer under subsection (2) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the written offer is not paid within the time specified in the written offer, or such extended time as the Director General may grant, the prosecution for the offence may be instituted at any time after that against the person to whom the written offer was made.

Where an offence has been compounded under subsection (2), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and the Director

General, may return any book, account, record or other documents including electronic record seized in connection with the offence, subject to such terms as the Director General thinks fit.

All sums of moneys received by the Director General under this section shall be paid into and form part of the Fund.

Obligation of secrecy

no member of the Authority or any of its committees or any officer or servant or agent of the Authority or any person

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attending any meeting of the Authority or any of its committees, whether during or after his tenure of office or employment, shall disclose any information which has been obtained by him in the course of his duties; and

no other person who has by any means access to any information or document relating to the affairs of the

Authority shall disclose such information or document.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Power of Minister to issue directive

The Authority shall furnish the Minister with such returns, accounts and other information with respect to its property and activities, as the Minister may from time to time require.

Power of Minister to make regulations

For the avoidance of doubt, it is declared that subsection (1)

does not authorize the appointment of members, officers or servant of the Authority except in so far as to authorize the temporary appointment of such persons until proper appointments are made under this Act.

Indemnity for the Authority