Malaysia legislation

Section 197

of *LAND PUBLIC TRANSPORT ACT 2010

Section 197

Land Public Transport 161

(2)

Where the control of a licensee, licensed operator, terminal licensee or an intermediation business licensee has been assumed in

162 Laws of Malaysia ACT 715

pursuance of an order under section 194 or 195, the Director General of Land Public Transport or the appointed person, as the case may be, shall remain in control of the property, business and affairs of the licensee, licensed operator, terminal licensee or intermediation business licensee concerned, and carry on the business and affairs of that licensee, licensed operator, terminal licensee or intermediation business licensee in the name and on behalf of that licensee, licensed operator, terminal licensee or intermediation business licensee, as provided in the said order, until such time as the said order is revoked under subsection 194(4).

(3)

Throughout the period of control of a licensee, licensed operator, terminal licensee or an intermediation business licensee in pursuance of an order under section 194 or 195, there shall be vested in the Director General of Land Public Transport or the appointed person, as the case may be, all the powers of the licensee, licensed operator, terminal licensee or intermediation business licensee or, where the licensee, licensed operator, terminal licensee or intermediation business licensee is a company, of the company and its directors, under the constituent documents of that licensee, licensed operator, terminal licensee or intermediation business licensee, or exercisable by that licensee, licensed operator, terminal licensee or intermediation business licensee or the company or its directors under any written law or otherwise howsoever, regardless whether such powers are exercisable by resolution, special resolution, or in any other manner whatsoever, and any difficulty whatsoever arising in relation thereto may be resolved by the Minister by a direction in writing.

(4)

During the period that an order under section 194 or 195 is in force, no licensee, licensed operator, terminal licensee or intermediation business licensee or where the licensee, licensed operator, terminal licensee or intermediation business licensee is a company, no company or director, to which the order relates shall, either directly or indirectly, engage in any activity in relation to the licensee, licensed operator, terminal licensee or intermediation business licensee, except as may be required or authorized by the

Director General of Land Public Transport or the appointed person, as the case may be, and no remuneration of whatever nature shall accrue or be payable to the licensee, licensed operator, terminal licensee or intermediation business licensee or, where the licensee, licensed

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operator, terminal licensee or intermediation business licensee is a company, the company or any director, except such as may be approved in writing by the Director General of Land Public Transport or the appointed person, as the case may be, in relation to any activity required or authorized as aforesaid by the Director General of Land

Public Transport or the appointed person, as the case may be.

(5)

It is hereby declared that an order under section 194 or 195 shall not have the effect of conferring on, or vesting in, the Director General of Land Public Transport or the appointed person, as the case may be, any title to, or any beneficial interest in, any property of the licensee, licensed operator, terminal licensee or intermediation business licensee to which the order relates.