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Section 38

Special powers in emergency

of Gas Supply Act 1993

ActIn forceProvision 40 of 45
Section 38
(1)

The Yang di-Pertuan Agong may, on the occurrence of any industrial unrest, strike, lock-out or any other event which gives rise to an emergency, or in the interest of public safety, authorize the

Commision to—

(a)

suspend the licence of any licensee, take temporary possession of any pipeline or installation of such licensee and operate it in such manner as the

Commission deems fit; or

Gas Supply 45

(b)

withdraw either partially or totally the use of any pipeline or installation from any person or class of persons or from the public at large.

(2)

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

(3)

Where the Commision takes possession of any pipeline or installation of any licensee under paragraph (1)(a) the licensee shall be paid adequate compensation which shall be determined by the

Commision after giving an opportunity to the licensee to be heard on the matter.