Malaysia legislation
Section 12D
Section 12D
General of Land Public Transport shall have full power in his discretion—
(a)
if any of the provisions of this Act or any of the conditions of the licence has not been complied with;
(b)
if the issuance of the licence was induced by a false representation of fact by or on behalf of the intermediation business licensee; or
(c)
in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the intermediation business licensee or, where a receiver or manager is appointed in relation to the business of providing intermediation business by the intermediation business licensee:
Provided that the Director General of Land Public Transport—
(A)
in the case of paragraph (a), may in lieu of revocation or suspension of the licence appoint a third party to rectify the non-compliance and recover the costs of such rectification from the intermediation business licensee;
36 Laws of Malaysia ACT 715
(B)
in the case of a breach of any of the conditions of the licence under paragraph (a), shall not revoke or suspend the licence unless it is satisfied, after giving the intermediation business licensee an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the licence should be revoked or suspended; or
(C)
in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b) or (c), shall not revoke or suspend the licence unless it is satisfied that, after giving the intermediation business licensee an opportunity of making any representation in writing he may wish to make, the licence should be revoked or suspended.
(2)
Where a licence—
(a)
has been revoked, it shall have no effect from the date of revocation and the intermediation business licensee shall within fourteen days from the date of revocation of the licence return the licence to the Director General of Land
Public Transport; or
(b)
has been suspended, any intermediation business licensee which continues to operate or provide an intermediation business during the period of suspension, shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Transfer of licence prohibited