What is Port Authority Ordinance, 1961 ( Ord. No. 1/61 )?

Port Authority Ordinance, 1961 ( Ord. No. 1/61 ) is Malaysia State Ordinance, cited as State Ordinance 1961 1961, currently marked in force and first recorded in 1961.

Is Port Authority Ordinance, 1961 ( Ord. No. 1/61 ) still in force?

Yes — Port Authority Ordinance, 1961 ( Ord. No. 1/61 ) is currently in force.

When did Port Authority Ordinance, 1961 ( Ord. No. 1/61 ) take effect?

Port Authority Ordinance, 1961 ( Ord. No. 1/61 ) was first recorded in 1961.

How many sections does Port Authority Ordinance, 1961 ( Ord. No. 1/61 ) have?

Port Authority Ordinance, 1961 ( Ord. No. 1/61 ) contains 117 sections.

Where can I read the official version of Port Authority Ordinance, 1961 ( Ord. No. 1/61 )?

The official text of Port Authority Ordinance, 1961 ( Ord. No. 1/61 ) is published at lawnet.sarawak.gov.my.

Port Authority Ordinance, 1961 ( Ord. No. 1/61 )

INTRODUCTION

Short title and commencement

Section 1

This Ordinance may be cited as the Port Authorities

Ordinance, 1961, and shall come into force on 1st day of May, 1961, and shall apply to every port other than a port declared to be Federal by or under Federal law.

[Mod. Swk. L.N. 68/64; Am. Ord. No. 9/76.]

Section 2

Interpretation

“animals” means animate things of every kind except human beings;

“approved port operator” means a person or body corporate or company appointed under Part III to establish, or operate or manage a port, or to carry out or perform any port undertakings;

[Ins. Cap. A70.]

“ballast” includes every kind of gravel, sand and soil and every commodity commonly used for the ballasting of vessels;

8

“chairman” means the chairman of a Port Authority appointed under section 4(1), and includes a deputy chairman and any person appointed by the Minister to temporarily discharge the duties of a chairman;

[Sub. Cap. A70.]

“container” means a receptacle 6.1 metres x 2.44 metres x 2.44 metres or 12.2 metres x 2.44 metres x 2.44 metres or more in size equipped with corner castings to facilitate the handling or conveyance of goods, by mechanical means;

[Ins. Cap. A70.]

“dues” means port dues, vessel’s dues or tariff rates established and levied in, under this Ordinance;

“gas” means liquefied natural gases, methane, ethane, propane, butane or hydrocarbons which may consist of one or more of the aforesaid gas either in the form of gas or liquid;

[Ins. Cap. A6.]

“general manager” means the general manager of a Port

Authority appointed under section 54;

[Sub. Ord. No. 3/72.]

“goods” includes baggage, containers, animals, livestocks, carcasses, minerals, gas, petroleum, timber logs and products, vehicles, machineries, equipment, and movable properties of whatever kind or description;

[Sub. Cap. A70.]

“Government” means the Government of the State of

Sarawak;

[Ins. Cap. A70.]

“land” has the same meaning as in the Land Code [Cap.

(1958 Ed.)];

“master”, when used in relation to a vessel, means the person, other than a pilot, in command or in charge of the vessel;

9

“member” means a member of a Port Authority, and includes its chairman and deputy chairman, or any person appointed by the

Minister to temporarily discharge the duties of a chairman;

[Sub. Cap. A70.]

“Minister” means the Minister having responsibilities for

State ports;

[Sub. Cap. A70.]

“non-seizable offence” has the same meaning as in the

Criminal Procedure Code [Act 593];

“owner”, when used in relation to goods, includes any consignor, consignee, shipper or agent of the owner for the sale, custody, loading, unloading, discharge or delivery of such goods;

and, when used in relation to any vessel, includes any charterer, part owner, operator, consignee or mortgagee in possession thereof or any duly authorized agent of any such person;

[Sub. Cap. A70.]

“petroleum” means any mineral oil, and includes crude petroleum and oil made from crude petroleum or other bituminous substances, petro-chemical products, gasoline, kerosene, diesel fuel, fuel oil and lubrication oil;

“pier” includes any stage, pier, stairs, landing place, jetty, barge or pontoon or other works connected therewith;

“pilot” means any person not belonging to or employed by a vessel who has the control or charge thereof whilst she is within the port limit;

[Ins. Cap. A70.]

“pipelines” means all parts of those physical facilities through which petroleum or gas is conveyed from one place or vessel to any other place or vessel by pipelines including any machine, equipment, apparatus, pipes, valves and other appurtenances attached to pipelines, pumps, compressor units, meters, regulators and any other fabricated assemblies;

10

“port” means any area declared to be a port under section 3A;

[Sub. Ord. No. 1/70; Sub. Ord. No. 5/71.]

“Port Authority” means a Port Authority established pursuant to Part II;

“port dues” means dues levied in respect of a vessel entering, using, leaving or plying in a port or in respect of goods conveyed by whatever means, including pipelines, through the limit of such port;

[Sub. Cap. A70.]

“port limit” means the limit of a port as declared pursuant to section 3A(2);

[Ins. Cap. A70.]

“port undertakings” means the undertakings of a Port

Authority that relate to the provision of any facility or service of any description in connection with the exercise of or the performance of its powers or its duties under this Ordinance or any other written law, and includes any movable or immovable property and the rights of a Port Authority that relate to such facility or service;

[Ins. Cap. A70.]

“Ports Manager” ... [Deleted by Ord. No. 3/72.].

“rates” means the rates or charges which a Port Authority may impose, under this Ordinance or its regulations, for any service rendered or for the use or hire of any of its facilities or equipment or premises;

[Sub. Cap. A70.]

“security force” means a security force established pursuant to Part X;

“State Ports Consultative Council” means the Council established pursuant to section 65;

[Ins. Cap. A70.]

“traffic manager” means a traffic manager appointed under section 48;

11

“transit shed” means a shed or godown used to receive goods off-loaded from, or for direct loading to, any ship or vessel;

“vessel” has the same meaning as in the Merchant Shipping

Ordinance, 1960 [Ord. No. 2/60];

“warehouse” includes all warehouses, buildings and premises in which goods, when landed from or for loading upon vessels may be lawfully placed;

“warehouseman” means the occupier of a warehouse;

“wharf” includes all wharves, quays, docks and premises in or upon which any goods when landed from or for loading upon vessels, may be lawfully placed;

“wharfinger” means the occupier of a wharf.

ESTABLISHMENT AND FUNCTIONS OF

Establishment of Port Authorities

Section 3

⎯(1)

There shall be a Port Authority for every port specified in the First Schedule.

(2)

The Majlis Mesyuarat Kerajaan Negeri may, by Order, amend the First Schedule.

[Am. Ord. No. 9/76; Am. Cap. A28.]

Declaration of ports

Section 3A

⎯(1) The Majlis Mesyuarat Kerajaan Negeri may, by notification in the Gazette, declare any area in Sarawak to be a port for the purposes of this Ordinance.

(2)

Every declaration under this section shall define the limits of the port.

(3)

The Majlis Mesyuarat Kerajaan Negeri may, after consultation with the Port Authority concerned, amend any

12

notification made under subsection (1) relating to a port specified in the First Schedule.

[Ins Ord. No. 1/70; Am.Ord. No. 5/71;

Am. Ord. No. 9/76; Am. Cap. A28.]

Constitution of Port Authorities

Section 4

⎯(1)

A Port Authority shall consist of a chairman and a deputy chairman and not more than eight other members appointed by the Majlis Mesyuarat Kerajaan Negeri.

[Sub. Cap. A70.]

(2)

[Deleted by Cap. A70.].

(3)

The members of a Port Authority shall hold office for two years but shall be eligible for re-appointment.

(4)

Any member of a Port Authority may resign his office at any time by notice in writing addressed to the Minister, and from the date of receipt of such notice by the Minister such member shall be deemed to have resigned and shall cease to be a member of that Port

Authority.

[Am. Ord. No. 1/68; Am. Cap. A70.]

(5)

The office of a member of a Port Authority shall become vacant⎯

(a)

if he dies or becomes bankrupt;

(b)

if he is absent from Sarawak without the approval of the Minister for more than three months, or is absent without such approval for three consecutive meetings of the authority;

(c)

if he resigns;

(d)

if he becomes physically or mentally incapable of performing his duties as a member; or

(e)

if he is concerned in, or participates in, the profits of any contract with, or work done for, the Port Authority otherwise than as a member thereof:

Provided that this paragraph shall not apply to any contract with, or work done by, a Port Authority which is entered into or

13

done in the ordinary course of the business of the Port Authority and in which the member receives no preferential treatment over, or more advantageous terms than, other members of the public.

[Am. Ord. No. 1/68.]

(6)

If any member of a Port Authority is temporarily absent or for any other cause temporarily unable to act, the Minister may appoint some person to act temporarily in the place of such member.

[Am. Ord. No. 1/68.]

(7)

[Deleted by Ord. No. 3/72.].

(8)

Every member of a Port Authority may be paid out of the funds of the Port Authority such remuneration for his services as may from time to time be authorized by the Majlis Mesyuarat Kerajaan

Negeri; and every member of a Port Authority may be paid out of such funds his reasonable expenses for travelling and subsistence while engaged upon the business of the authority.

[Am. Ord. No. 3/72; Am. Ord. No. 9/76; Am. Cap. A28.]

(9)

All appointments and resignations pursuant to this section shall be notified in the Gazette.

Incorporation of Port Authorities

Section 5

⎯(1)

Each Port Authority shall be a body corporate having perpetual succession and a common seal, and shall have power to purchase, acquire, hold, manage and dispose of immovable and movable property, and to sue and be sued in its corporate name.

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(2)

Each Port Authority shall have the powers and duties conferred and imposed on it by this Ordinance.

(3)

The seal of a Port Authority shall be authenticated by the signature of its chairman or deputy chairman or any other member or the general manager, and, when so authenticated, such seal shall be officially and judicially noticed.

(4)

All documents, other than those required by law to be under seal, made by, and all decisions of, a Port Authority may be signified under the hand of the chairman, general manager or any member or officer of the Port Authority authorized to act in that behalf.

Meetings and procedure of Port Authorities

Section 6

⎯(1)

A Port Authority shall meet at such times as may be necessary or expedient for the transaction of its business, and such meetings shall be held at such places and times and on such days as the Port Authority may determine.

(2)

The chairman of a Port Authority may at any time call a special meeting of the Port Authority and shall call a special meeting within fourteen days of a requisition for that purpose addressed to him by any two members of the Port Authority.

(3)

The chairman of a Port Authority shall preside at all meetings of the Port Authority at which he is present; and, in case of his temporary absence, the members present and constituting a quorum shall elect a temporary chairman from among their number.

(4)

A quorum of a Port Authority shall be a majority of the members thereof.

(5)

The decisions of a Port Authority shall be by a majority of votes.

15

(6)

The chairman of a Port Authority shall cause to be kept, in proper form, minutes of every meeting of a Port Authority and shall transmit a copy of such minutes to the Minister. The minutes of each meeting of a Port Authority shall be confirmed by its chairman at the next succeeding meeting.

[Sub. Ord. No. 1/68.]

(7)

Subject to this section, a Port Authority shall have power to regulate its own proceedings.

Powers conferred on Port Authorities may be exercisable by their servants and agents

Section 7

Subject to this Ordinance and to any directions which may be given in that behalf by the Minister, any powers conferred or duties imposed on a Port Authority may be exercised or discharged by or through a servant or agent of the Port Authority authorized in that behalf.

[Am. Ord. No. 1/68.]

Section 8

Disclosure of interest in contracts by members of Port Authorities

Any member of a Port Authority who has any interest in any company or undertaking with which that Port Authority proposes to make any contract shall disclose that interest to the Port

Authority and the value thereof, and such disclosure shall be recorded in the minutes of the Port Authority.

(2)

No such member shall take part in any discussion or decision of the Port Authority relating to such a contract unless expressly authorized to do so by the chairman thereof, which authorization shall be recorded in the minutes of the Port Authority.

16

Functions of Port Authorities

Section 9

⎯(1)

Subject to this Ordinance and to any directions issued by the Minister, it shall be the duty of a Port Authority⎯

(a)

to maintain, or provide for the maintenance of, adequate and efficient port services and facilities for all users of the port;

(b)

to co-ordinate the activities of the port;

(c)

to promote the improvement and development of the port;

(d)

to regulate and control the transportation through, into or out of a port of any cargo or goods from any place or vessel to any other place or vessel by any means or mode, including the conveyance of petroleum or gas by pipelines, both onshore or offshore, on land or underground, in water or underwater; and

(e)

to execute such works as may be necessary to the performance of the duties specified in paragraphs (a), (b), (c) and

(d)

.

[Am. Ord. No. 1/68; Am. Cap. A6.]

(2)

For the purpose of carrying out the duties imposed upon it by subsection (1), a Port Authority may, subject to subsection (3) and to any directions issued by the Minister, but without prejudice to any other powers conferred upon it by this or any other written law, exercise any of the powers specified in the Second Schedule.

[Am. Ord. No. 1/68.]

(3)

A Port Authority shall ensure that⎯

(a)

its annual revenues are, taking one financial year with another, sufficient to meet the payment of all charges specified in section 15; and

(b)

no person is given any undue preference or is subject to any undue disadvantage as compared with any other person.

17

(4)

Land required for the purpose of a Port Authority or the development of any port or port facilities by an approved port operator shall, for the purpose of section 46 of the Land Code [Cap. 81 (1958

Ed.)], be deemed to be land required for a public purpose, so that if any land is resumed by the Government for a Port Authority or an approved port operator, that Port Authority or the approved port operator shall, upon demand by the Government, reimburse the

Government in respect of compensation paid for the land so resumed and all expenses incurred by the Government in connection with such resumption.

[Sub. Cap. A70.]

(5)

The Majlis Mesyuarat Kerajaan Negeri may, by Order, exempt any Port Authority from, or modify in its application to a Port

Authority or its property, the provisions of any written law⎯

(a)

relating to local councils, or made by any such council;

(b)

relating to revenue; or

(c)

relating to town and country planning, land or the subdivision of land.

[Am. Ord. No. 9/76; Am. Cap. A28.]

(6)

No Port Authority shall, without the prior approval of the

Majlis Mesyuarat Kerajaan Negeri, transfer or charge any immovable property:

Provided that this subsection shall not apply to any sublease by a

Port Authority for a term not exceeding fifteen years for any purpose connected with or incidental to the normal operation of a port or the transfer or sublease of any immovable property to an approved port operator.

[Am. Ord. No. 9/76; Am. Cap. A28; Am. Cap. A70.]

18

Functions of general manager of a Port Authority

Section 10

⎯(1) A general manager shall⎯

(a)

in matters of executive administration and in matters concerning the accounts and records of a Port Authority, exercise supervision and control over the acts and proceedings of all officers and servants of the Port Authority;

(b)

subject to Part IX, deal with all questions relating to the service of those officers and servants and their pay, privileges and allowances; and

(c)

carry on the day to day business of the Port Authority.

(2)

The general manager shall have power, subject to any directions issued by the Port Authority, to exercise such of the functions of the Port Authority as are necessary to enable him to transact efficiently the matters mentioned in subsection (1).

(3)

A Port Authority may delegate to its general manager such other functions as it may deem fit; and, for that purpose, may, from time to time, issue directions to him.

Powers of Minister in relation to Port Authorities

Section 11

The Minister may, after consultation with the Majlis

Mesyuarat Kerajaan Negeri, give to the Port Authority or an approved port operator directions of a general character and not inconsistent with the provisions of this Ordinance as to the exercise and performance of its functions in relation to matters which appear to him to affect the interests of Sarawak, and that Port Authority or the approved port operator shall give effect to all such directions.

[Sub. Cap. A70.]

19

APPROVED PORT OPERATOR

Port Operator

Section 12

(b)

The duration, terms and conditions of appointment shall be stipulated in the notification referred to in paragraph (a).

(2)

(a)

A Port Authority may, with the approval of the Majlis

Mesyuarat Kerajaan Negeri, appoint, by notification in the Gazette, any person or body corporate or company incorporated pursuant to any written law, to perform, carry out or provide all or any of its port undertakings.

(b)

The notification referred to in paragraph (a) shall stipulate the duration, terms and conditions of the appointment, and the port undertakings to be performed, carried out or provided by the approved port operator.

(3)

Any person, body corporate or company appointed under this section shall be known as an “approved port operator”.

[Sub. Cap. A70.]

Indemnity

Section 12A

The appointment of an approved port operator shall not impose any liability on the Government or the Port Authority concerned for any loss or damage occasioned by any act, omission, neglect or default of such operator or its agent or servants.

[Ins. Cap. A70.]

20

Section 12B

Duties and functions of an approved port operator

(2)

An approved port operator shall have due regard to the efficiency, economy, condition and safety of operation in respect of the facilities and services provided by it.

(3)

Without prejudice to subsections (1) and (2), an approved port operator shall have and perform any or all of the functions of a

Port Authority which are stipulated in the agreement referred to in subsection (1).

[Ins. Cap. A70.]

Submission of reports, accounts, statistical information, etc.

Section 12C

(2)

Every approved port operator shall—

(a)

on or before the 31st day of March immediately after each financial year, or within such longer period as the Minister may allow, submit to the Minister and to the Port Authority appointing that approved port operator—

(i)

a report of its operation during that financial year containing such information as is necessary to enable the Port Authority to make an informed assessment of such operation; and

21

(ii)

its audited annual balance sheet, profit and loss account, together with any note thereon, and the reports of the auditor and the directors; and

(b)

submit to the Port Authority concerned—

(i)

such statistical information relating to its operation as may be required by the Port Authority from time to time;

(ii)

its cargo forecast over such period and in such form as may be determined by the Port Authority from time to time; and

(iii)

future development plans relating to any service or facility which it is bound to provide under the conditions of the agreement referred to in section 12B(1).

(3)

The Minister or a Port Authority may require an approved port operator to submit such further or additional information as it may deem necessary either by way of an explanation, amplification or otherwise with reference to any report or information forwarded by the approved port operator under subsection (1) and such information shall be submitted within the period and in such manner as the Port

Authority may require.

[Ins. Cap. A70.]

Approved port operator to keep Minister and Port Authority informed of certain matters

Section 12D

(a)

any change in the control of the approved port operator;

(b)

any industrial dispute between the approved port operator and its employees;

22

(c)

any industrial accident or mishap involving any servant, employee or agent of the approved port operator;

(d)

any fire occurrence within its premises or that of any

Port Authority or any accident or incident (whether arising from natural or other causes) which results in substantial damage to such premises; and

(e)

any proceeding or claim instituted or made against the approved port operator which may effect its ability to perform any of its duties or port undertakings.

(2)

For the purposes of subsection (1)(a), the expression

“control”, in relation to an approved port operator, means the power to direct the management and policy of the approved port operator.

[Ins. Cap. A70; Am. Cap. A77.]

Penalty

Section 12E

Any person who, not being an approved port operator, carries out or provides or performs any port undertakings shall be guilty of an offence: Penalty, a fine of thirty thousand ringgit and imprisonment for three years or both.

[Ins. Cap. A70.]

Section 12F

Port dues and rates for approved port operator

An approved port operator may charge such port dues and rates as may be authorized by regulations made by the Majlis

Mesyuarat Kerajaan Negeri under section 64, and Part V shall be deemed to apply to an approved port operator as if it were a Port

Authority.

[Ins. Cap. A70.]

23

FINANCIAL PROVISIONS

Transfer of property to Port Authorities

Section 13

⎯(1) The Majlis Mesyuarat Kerajaan Negeri may, at any time and from time to time, by Order⎯

(a)

authorize the transfer to a Port Authority under the

Land Code [Cap. 81 (1958 Ed.)] any immovable property which he considers should be vested in that Port Authority;

(b)

transfer to a Port Authority any movable property which he considers should be vested in that Port Authority.

[Am. Ord. No. 9/76; Am. Cap. A28.]

(2)

Where any property of the Government is transferred to a

Port Authority pursuant to subsection (1), that Port Authority shall cause such property to be valued as at the date of transfer, and shall forthwith cause details of such valuation to be shown on its accounts.

Account for working capital

Section 14

⎯(1) Subject to such conditions as to interest and repayments as he may determine, the Majlis Mesyuarat Kerajaan

Negeri may direct the advance to a Port Authority of moneys for working capital.

[Mod. Swk. L.N. 68/64; Am. Ord. No. 9/76;

(2)

A Port Authority may receive any moneys advanced to it in accordance with subsection (1), and shall thereupon create, in favour of the Government, an account equivalent to the total amount of any moneys so advanced.

24

Port development cess

Section 14A

Am. Cap. A28.]

⎯(1) There shall be payable annually to the Government a cess (to be known as the port development cess) in respect of any area used exclusively for the purposes of a Port Authority at such rate as may be determined by the Minister.

(2)

The Minister may exempt any particular Port Authority from liability to pay any port development cess or part thereof under subsection (1).

[Ins. Ord. No. 6/88.]

Application of revenue

Section 15

⎯(1) Subject to this section, the revenue in any year of a

Port Authority shall be applied in payment of the following charges:

(a)

the salaries, allowances, fees, remuneration, pensions, superannuation allowances and gratuities of members, officers, servants, agents and technical and other advisers of the Port

Authority;

(b)

the interest due on any charge, mortgage, debenture or debenture stock issued by, and on any advance or loan made to or raised by, the Port Authority;

(c)

the sums required to be transferred to a sinking fund, or otherwise set aside for the purpose of making provision for the redemption of any charge, mortgage, debenture or debenture stock, or for the repayment of advances and loans;

(d)

the working and establishment expenses and expenditure on the maintenance of property vested, or deemed to be vested, in the Port Authority;

25

(e)

the provision for the depreciation or renewal of property vested, or deemed to be vested, in the Port Authority;

(f)

the cost of, or a portion of the cost of acquiring land or of new works, plant, ships or appliances not being a renewal of property vested, or deemed to be vested, in the Port Authority which that Authority may determine to charge to revenue;

(g)

such payment to contingencies or other reserves as the

Port Authority may determine;

(h)

the port development cess and any other expenses lawfully incurred by the Port Authority in the execution of its functions under this Ordinance.

[Added Ord. No. 6/88.]

(2)

The Port Authority shall, at the end of each financial year, carry forward as working capital such moneys as are reasonably necessary to meet its operational expenses.

(3)

The certificate of the auditor or auditors of the accounts of the Port Authority shall be conclusive as to the amounts available for any charge mentioned in subsection (1).

Investment of moneys

Section 16

Any funds of a Port Authority not immediately required to be expended in the meeting of any of the obligations, or the discharge of any of the functions of the Port Authority may be invested from time to time in and upon such investments and securities as are allowed by law in the Federation or in Sarawak for the investment of trust funds, or in such other investments or securities as may from time to time be approved by the State Financial Secretary or may be placed on deposit in a bank or banks approved by the Port Authority.

[Mod. Swk. L.N. 68/64.]

26

Section 17

Power to issue debenture stock for certain purposes

A Port Authority may, with the prior approval of the Majlis

Mesyuarat Kerajaan Negeri as to the issue and the terms of such issue, borrow money or raise capital by the issue of debenture stock for all or any of the following purposes:

(a)

the provision of working capital;

(b)

the fulfilment of the functions of the Port Authority;

(c)

the redemption of any stock which the Authority is required or entitled to redeem;

(d)

the expenditure properly chargeable to capital account.

[Am. Ord. No. 9/76; Am. Cap. A28.]

Power to borrow money otherwise than by debentures

Section 18

⎯(1) Subject to this section and to the approval of the Majlis

Mesyuarat Kerajaan Negeri, which approval may be general or special, a Port Authority may borrow, by way of loan, overdraft or otherwise, such sums of money as it may require for meeting its obligations and discharging its functions.

[Am. Ord. No. 9/76; Am. Cap. A28.]

(2)

Any moneys borrowed in pursuance of subsection (1) shall be borrowed upon such terms and conditions as may be approved by the Majlis Mesyuarat Kerajaan Negeri.

Accounts

Section 19

⎯(1) Subject to this section, a Port Authority shall⎯

(a)

cause to be kept proper accounts and other records in relation thereto; and

(b)

prepare an annual statement of accounts in such form, and containing such particulars and compiled in such manner, as the Minister may, having regard to subsection (2), direct.

(2)

The annual statement of accounts of a Port Authority shall present a true and fair view of the financial position of the Port

27

Authority and of the results, for the year to which it relates, of its operations.

(3)

The accounts of a Port Authority shall be audited by an auditor or auditors whom the Port Authority shall appoint annually with the approval of the Minister; and the auditor or auditors so appointed shall make a report on the accounts so audited.

[Am. Ord. No. 1/68.]

(4)

The

Statutory

Bodies

(Financial and

Accounting

Procedure) Ordinance, 1995 [Cap. 15], shall apply to a Port Authority.

[Sub. Cap. A70.]

The Majlis Mesyuarat Kerajaan Negeri to approve estimates

Section 20

⎯(1) Every Port Authority shall, not less than thirty days before the 31st day of December in each year, submit for the approval of the Majlis Mesyuarat Kerajaan Negeri estimates of revenue and expenditure of the Port Authority for the ensuing year; and, where during any financial year additional provision is required a supplementary estimate thereof shall be submitted for the approval of the Majlis Mesyuarat Kerajaan Negeri.

(2)

No Port Authority shall incur expenditure which has not been included in estimates approved by the Majlis Mesyuarat

Kerajaan Negeri unless⎯

(a)

such expenditure is urgently required to ensure the continued efficient functioning of that Port Authority; and

(b)

such expenditure is not more than fifty thousand ringgit and does not increase the approved expenditure within any one financial year.

[Am. Ord. No. 9/76; Am. Cap. A28; Am. Cap. A70.]

28

Annual report and periodical reports

Section 21

⎯(1)

(a)

After the end of each financial year, a Port

Authority shall submit, to the Minister within such time as stipulated in the Statutory Bodies (Financial and Accounting Procedure)

Ordinance, 1995 [Cap. 15]—

(i)

the annual statement of accounts of the Port Authority prepared and audited pursuant to section 19(2) and (3); and

(ii)

a report dealing with and touching upon the activities, during that financial year, of the Port Authority.

(b)

The Minister shall, upon receipt of the said account and report, forward the same to the Majlis Mesyuarat Kerajaan Negeri for its consideration and thereafter, the aforesaid account and report shall be laid before the Dewan Undangan Negeri.

[Sub. Cap. A70.]

(2)

Every Port Authority shall supply the Minister with such financial and statistical returns as he may from time to time require.

[Sub. Ord. No. 1/68.]

Financial year

Section 22

The financial year of every Port Authority shall be the period commencing on the 1st day of January and ending on the 31st day of December in each year.

LEVYING OF DUES, RATES AND TARIFFS, ETC.,

PORT DUES

Levying of port dues

Section 23

⎯(1)

Subject to this Part, a Port Authority may levy port dues as may be prescribed by regulations made under section 64 (1) in respect of⎯

(a)

passengers, cargo and other goods carried in the vessel entering or leaving its port; or

29

(b)

any cargo or goods transported through, into or out of its port from any place or vessel to any other place or vessel by any means or mode including the conveyance of petroleum or gas by pipelines, both onshore or offshore, on land or underground, in water or underwater.

(2)

All dues so received by the Port Authority under subsection (1) shall be accounted for the Government and form part of the State Consolidated Fund.

[Am. Ord. No. 6/88; Am. Cap. A6.]

Master to supply information on arrival of vessel

Section 24

⎯(1) The master of a ship arriving in a port shall, if so required by the Port Authority, produce to it⎯

(a)

the ship’s register and papers;

(b)

particulars of all inward passengers and a list of the names of consignees of cargo intended to be discharged;

(c)

a copy of the manifest giving full details (including the weight, measurement, quantity and packing) of all cargo to be landed at the port; and

(d)

such other information in relation to the vessel and her passengers, cargo and other goods as may be prescribed by by-laws made under section 64(3).

(2)

The particulars specified in subsection (1) shall, if required, be produced or supplied in such form and within such time as may be prescribed by bylaws made under section 64(3).

Master to supply information on proceeding outwards

Section 25

⎯(1) On loading cargo and embarking passengers and goods outwards from a port, the master of a vessel shall, if so required by the

(a)

a list of all outward passengers including transit passengers;

30

(b)

the best account in writing, in his power, of the description, quantities and weights of all cargo shipped on board in that port; and

(c)

such other information in relation to the vessel and her passengers, cargo and other goods as may be prescribed by by-laws made hereunder.

(2)

Any particulars required by subsection (1) shall be delivered to such officers of the Port Authority, and in such form, as may be prescribed by bylaws made under section 64(3).

Time when port dues payable

Section 26

Port Authority, produce to it⎯

⎯(1) Port dues payable in respect of passengers, cargo and other goods inwards shall be paid at the time of the report of a vessel inwards, or at such other time as the Port Authority shall determine.

(2)

Port dues payable in respect of passengers, cargo and other goods outwards shall be paid at the time of the report of a vessel outwards, or at such other time as the Port Authority shall determine.

(3)

Port dues payable in respect of cargo or goods transported through, into or out of a port under section 23(1)(b) shall be paid at such time as the Port Authority shall determine.

[Am. Cap. A6.]

Liability for payment of port dues

Section 27

The following persons shall be liable for the payment of port dues levied under section 23:

(a)

owner of any vessel;

31

(b)

as to port dues payable in respect of inward passengers, cargo and other goods, all consignors, consignees and agents of the vessel who shall have paid, or made themselves liable to pay, a charge on account of the vessel in the port of its arrival or discharge;

(c)

as to port dues payable in respect of outward passengers, cargo and other goods, all consignors, consignees and agents of the vessel who shall have paid, or made themselves liable to pay, a charge on account of the vessel in the port of its departure;

(d)

as to port dues payable in respect of cargo or goods transported through, into or out of a port under section 23(1)(b), the owner of the cargo or goods.

[Am. Cap. A6; Am. Cap. A70.]

Consignor, consignee and/or agent may retain port dues out of owner’s moneys

Section 28

Where port dues are paid by a person, who is made liable therefor by section 27(b) or (c), that person may retain, out of all moneys in his hands received on account of the vessel or her owner, the amount of the port dues paid by him, together with all reasonable expenses he may have incurred by reason of the payment or the liability to pay.

VESSEL’S DUES

Section 29

Levying of vessel’s dues

Subject to this Part, a Port Authority may levy on a vessel such vessel’s dues in respect of berthing or mooring at any berth or mooring the property of the Port Authority as may be prescribed by regulations made under section 64(1) and those regulations may prescribe when the dues shall be paid.

32

Section 30

Liability for payment of vessel’s dues

The following persons shall be liable for the payment of vessel’s dues levied on a vessel in accordance with section 29:

(a)

the ship owner;

(b)

all consignors, consignees and agents who shall have paid, or made themselves liable to pay, any dues on account of the vessel in the port of her arrival or discharge.

Consignor, consignee or agent may retain vessel’s dues out of owner’s moneys

Section 31

Where a vessel’s dues are paid by a person who is made liable therefor by section 30(b), that person may retain, out of all moneys in his hands received on account of the vessel or her owner, the amount of the vessel’s dues paid by him together with all reasonable expenses he may have incurred by reason of the payment or the liability to pay.

GENERAL

Section 32

Levy of rates

Subject to this Part, a Port Authority may levy such rates as may be prescribed by regulations made under section 64(3) for the use of works or appliances provided, or services to be performed, by the Port Authority, in respect of vessels or goods pursuant to its powers under this Ordinance; and, without prejudice to the generality of the foregoing, a Port Authority may levy rates for the following purposes:

(a)

the loading, shipping, wharfage, cranage, storage, carriage or demurrage of goods;

(b)

the carriage of passengers;

33

(c)

the use, by a person or vessel, of a pier or wharf under the control of the Port Authority;

(d)

the use of gear, tackle, instruments, tools or staging supplied by the Port Authority for the purpose of a vessel using a pier or wharf under the control of the Port Authority;

(e)

the use of a vessel or engine belonging to, or maintained by, the Port Authority for the extinction of fires;

(f)

the towing of, and rendering assistance to, a vessel being within or without a port and whether entering or leaving a pier or wharf under the control of the Port Authority;

(g)

the supply, by the Port Authority, of water;

(h)

the supply, by the Port Authority, of fuel; and

(i)

the use or hire of any facilities, including warehouses, godowns, transit sheds, container yards and parking spaces or bays for vehicles.

[Ins. Cap. A70.]

Liability for payment of rates

Section 33

Save as otherwise provided by regulations made hereunder, the persons liable for the payment of port dues shall be liable for the payment of rates.

Section 34

Port Authority’s lien for rates

For the amount of all rates levied under this Ordinance in respect of goods, a Port Authority shall have a lien on the goods and may, until the rates are fully paid, seize and detain the goods.

(2)

Rates in respect of goods to be landed shall become payable immediately on the landing of the goods.

(3)

Rates in respect of goods to be removed from the premises of a Port Authority, or to be shipped, shall become payable immediately before the goods are removed or shipped.

(4)

Except as to claims for money due to the Government, the lien for rates provided for in this section shall have priority over all other liens and claims.

34

(5)

Any goods seized under subsection (1) may be sold by public auction or tender or in such other manner as the Port Authority shall direct in writing. The proceeds of sale shall, subject to subsection (4), be applied towards payment of rates owing to the Port

Authority and the balance, if any, be retained by the Port Authority pending claim therefor by the lawful owner of the goods or such other persons having rights to the goods sold, or shall be dealt with in such manner as the general manager shall direct in writing.

[Sub. Cap. A70.]

Power of entry to ascertain dues and rates

Section 35

In order to ascertain the dues and rates payable in respect of a vessel, any duly authorized representative of Port Authority may, either alone or with any other person, enter into that vessel within the port.

Section 36

Weighing and measuring of goods in event of disputes

Where a difference arises, between a Port Authority and the master of a vessel or the owner of the goods, concerning the weight or quantities of the goods in respect of which port dues or rates are payable, the Port Authority—

(a)

shall cause those goods to be weighed and measured;

and

(b)

may, if necessary, detain the vessel containing the goods until they are weighed or measured.

35

Payment of expenses of weighing and measuring

Section 37

⎯(1) If the weight or quantity of the goods is, after weighing and measuring under section 36, found to be more than that shown by the particulars provided under section 24 or 25, or the Merchant

Shipping (Ports and Rivers) Regulations, 1961 [G.N.S. 43/61], the expenses of the weighing or measuring shall be paid to the Port

Authority by the master of the vessel and shall be recoverable in the same manner as dues leviable under this Part.

(2)

If the weight or quantity of the goods is found to be the same as, or less than, that shown by the particulars so provided, the

Port Authority shall pay the expenses of the weighing or measuring and of any unreasonable delay of the vessel.

Power to distrain for non-payment of dues and rates

Section 38

⎯(1) Where the master of a vessel, in respect of which dues or rates are payable to a Port Authority, refuses or neglects to pay, on demand, any dues or rates, the Port Authority may arrest or distrain the vessel and the tackle, apparel or furniture thereof, and may detain it until the amount so payable is paid.

(2)

If, for a period of fourteen days following the arrest or distraint, any of⎯

(a)

those dues or rates; or

(b)

the expenses of arrest or distraint or of the detention of the vessel, tackle, apparel or furniture, remain unpaid, the Port Authority may cause the vessel or other things distrained or arrested to be sold.

(3)

The Port Authority may retain the amount of the dues, rates and expenses (including expenses of sale) which is owing, and shall deliver, on demand, the balance to the master of the vessel.

36

Customs clearance to be withheld until dues or rates are paid

Section 39

⎯(1) If a Port Authority gives to the proper officer of customs a notice stating that an amount therein specified, is due in respect of dues or rates, leviable under this Ordinance, against a vessel, or the master or owner of a vessel the proper officer of customs shall not give clearance for departure from the port of that vessel (not being a vessel exempted under the Customs Act 1967 [Act 235] from requiring a clearance) until⎯

(a)

the amount of dues or rates has been paid; or

(b)

security for the payment of the dues or rates has been given to the satisfaction of the Authority.

(2)

In this section, “proper officer of customs” means the officer of customs acting in the performance of duties under the

Customs Act 1967 [Act 235] as to the grant of a clearance in respect of the departure of a vessel from a port.

Port Authority may recover dues, rates, etc., by suit

Section 40

Notwithstanding this Part or Part VIII of the Merchant

Shipping (Ports and Rivers) Regulations, 1961 [G.N.S. 43/61], a Port

Authority may recover, by civil suit, any dues, rates, expenses, costs or, in the case of sale, where the proceeds of sale are insufficient, the balance thereof.

Section 41

Port Authorities to keep records of dues and rates and allow inspection thereof

(a)

keep, at its office, a book specifying the dues and rates for the time being in force; and

(b)

allow any person, at any reasonable time to inspect the book free of charge.

37

Application of Part

Section 42

This Part shall not apply to any vessel (other than a vessel which is habitually used for carrying passengers or goods for hire or reward) belonging to the Government of Malaysia or of any State or to the government of any other country but shall apply to goods the property of, or imported or exported by or on behalf of, the

Government of Malaysia or of any State.

[Mod. Swk. L.N. 68/64.]

LIABILITY OF PORT AUTHORITIES

Port Authorities common carriers by land and water

Section 43

A Port Authority in its capacity as a carrier of goods shall be deemed to be a common carrier of goods by land and water.

Limitation of liability of Port Authorities in their capacity as carriers of passengers, wharfingers and warehousemen 44.

The liability of a Port Authority in its capacity as a carrier of passengers, as a wharfinger and as a warehouseman shall be subject to such conditions of business as may be prescribed by bylaws made under section 64.

[Am. Ord. No. 10/65.]

Limitation of liability of Port Authorities in other cases

Section 45

⎯(1) A Port Authority shall not where, without actual fault or privity, any loss or damage (not being a loss or damage in its capacity as a ship owner, common carrier, wharfinger or warehouseman) is caused to any vessel or vessels, or to any goods, merchandise or other things whatsoever on board any vessel or vessels, be liable to damages beyond an aggregate amount of one hundred thousand ringgit.

38

(2)

The limits set by this section to the liabilities mentioned therein shall apply to the aggregate of such liabilities which are incurred on any distinct occasion, and shall so apply in respect of each distinct occasion without regard to any liability incurred on another occasion.

(3)

The application of this section to any liability shall not be excluded by reason only that the occurrence giving rise to the liability was not due to the negligence of any person.

Power of Court to consolidate claims against owners, etc.

Section 46

⎯(1)

Where any liability is alleged to have been incurred by a Port Authority in respect of any occurrence in respect of which its liability is limited under section 45, and several claims are made or apprehended in respect of that liability, then the Port Authority may apply to the High Court, and that Court may determine the amount of the Port Authority’s liability, and may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the Port Authority, and as to payment of any costs as the Court thinks just.

(2)

In making any distribution under this section, the Court may, if it thinks fit, postpone the distribution of such part of the amount to be distributed as it deems appropriate having regard to any claims that may later be established before a court in any country outside Sarawak.

(3)

No lien or other right in respect of any ship or property shall affect the proportions in which, under this section, any amount is distributed among several claimants.

39

Savings

Section 47

Nothing in this Ordinance or its subsidiary legislation shall—

(a)

affect any liability that may be imposed on a Port

Authority by the Workmen’s Compensation Act 1952 [Act 273];

or

(b)

impose any liability in respect of any loss or damage on a Port Authority in any case where no such liability would have existed if this Ordinance had not been enacted.

TRAFFIC MANAGERS

Power to appoint traffic managers

Section 48

A Port Authority may appoint a traffic manager for its port; and, subject to section 49 and to any directions issued by the Port

Authority, a traffic manager may exercise such of the powers of the general manager as may be delegated to him by the general manager.

Section 49

Power of traffic manager in relation to vessels

Subject to any directions issued by the Port Authority, a traffic manager may⎯

(a)

direct, within a port, at what berth or mooring under the control of the Port Authority a vessel shall be berthed or moored;

(b)

direct the removal of any vessel from any berth or mooring under the control of the Port Authority to any other berth or mooring under the control of the Port Authority, or direct the departure of any vessel from any such berth or mooring; and

(c)

the time within which any such berthing, mooring, removal or departure shall be effected.

40

LEGAL PROCEDURE

Service of documents

Section 50

Service of any summons, notice or other document required or authorized to be served upon a Port Authority in connection with any action by or against the Port Authority may be effected by delivering it to, or sending it by registered post addressed to, the general manager.

Section 51

Restriction on execution against property of Port Authority

In any action against a Port Authority, no execution or attachment or process in the nature thereof shall be issued against it, but any sum of money which may be awarded by any Court against that Port Authority shall be paid by the Port Authority from its funds.

Section 52

Stay of arrest in certain cases

Where his immediate removal from duty might result in danger to life or goods, a person connected with the direct working of a Port Authority shall not, whether in execution of a warrant or otherwise, be removed under arrest on civil process if he is then actually engaged in the performance of his duties, until⎯

(a)

the head of the department in which that person is employed; or

(b)

the officer in immediate charge of the work in which that person is engaged, has been given an opportunity of providing a substitute for the performance of the duties.

41

Legal representation

Section 53

(2)

In any suit, action or proceedings of a civil nature, before any court, tribunal or arbitrator, a Port Authority may be represented by—

(a)

the State Attorney General or any State Legal Officer authorized by him; or

(b)

an advocate appointed by the Port Authority; or

(c)

any officer or servant of a Port Authority duly authorized in writing by its general manager.

[Sub. Cap. A70.]

Power to compound offences

Section 53A

The general manager or any other officer authorized in writing by him may compound any offence under this Ordinance or its subsidiary legislation which is prescribed to be a compoundable offence, by accepting from the person reasonably suspected of having committed the offence a sum of money not exceeding fifty per centum of the maximum fine prescribed for the offence.

[Ins. Cap. A77.]

Section 53B

General penalty

Any person who commits an offence under this Ordinance or its subsidiary legislation for which no specific penalty is expressly provided shall be liable, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment not exceeding six months or to both.

[Ins. Cap. A77.]

42

PROVISIONS RELATING TO STAFF

Employment of officers, agents and servants

Section 54

⎯(1) A Port Authority may appoint and employ a general manager, such officers, servants, agents and technical and other advisers as it may consider necessary for the due discharge of its functions under this Ordinance at such remuneration and upon such terms and conditions as it may think fit:

Provided that a Port Authority shall not appoint any person to be a general manager unless and until the approval of the Minister has first been obtained.

[Am. Ord. No. 3/72.]

(2)

A Port Authority may appoint and employ one person to hold one or more offices.

(3)

All officers and servants of a Port Authority shall be under the administrative control of the general manager.

Power to make Standing Orders relating to staff

Section 55

⎯(1) A Port Authority may, with the approval of the Majlis

Mesyuarat Kerajaan Negeri, by Standing Orders provide for the conditions of service of officers and servants of the Port Authority.

[Am. Ord. No. 10/65; Am. Ord. No. 9/76; Am. Cap. A28.]

(2)

In particular, but without prejudice to the generality of subsection (1), such Standing Orders may provide for⎯

(a)

the appointment, dismissal, discipline, pay and leave of, and the security to be given by, any such officer or servant;

(b)

the pensions, superannuation allowances or gratuities of any such officer or servant; and

(c)

any appeals by any such officer or servant against his dismissal or against any other disciplinary measure taken against him.

43

[Am. Ord. No. 10/65.]

Members and officers of Port Authority deemed to be public servants

Section 55A

All members, officers and servants of a Port Authority while discharging their duties as such shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

[Ins. Cap. A70.]

Section 55B

Public Authorities Protection Act 1948

The Public Authorities Protection Act 1948 [Act 198] shall apply to any suit, action or prosecution or other proceedings against any Port Authority or against any member, officer, servant or agent of a Port Authority in respect of any act, neglect or default done or committed.

[Ins. Cap. A70.]

PORT SECURITY

Establishment of security forces

Section 56

A Port Authority may, with the approval of the Majlis

Mesyuarat Kerajaan Negeri, establish a security force for keeping order and security within any premises vested or deemed to be vested in, or in the possession or under the control of, the Port Authority.

[Am. Ord. No. 9/76; Am. Cap. A28.]

Section 57

Power of arrest and search

(a)

he has reasons to believe that the person is about to abscond;

(b)

the person suspected of committing an offence, refuses to give his identity or address; or

44

(c)

that person has given an identity or address which he has reasons to believe to be false.

(2)

A member of a security force or an authorized officer may search or cause to be searched, any person arrested pursuant to this section:

Provided that no female shall be searched except by a female.

(3)

Where a person is arrested pursuant to subsection (1), he shall, as soon as reasonably and conveniently possible, be brought to the nearest police station.

[Ins. Cap. A77.]

Conditions of service of security force

Section 58

Ordinance or regulations or bylaws made thereunder if—

Standing Orders made under section 55 may provide for the recruiting, uniform, discipline, functions and conditions of service

(including pay, leave, allowances, pensions and gratuities) of members of a security force.

[Am. Ord. No. 10/65.]

Section 58A

Power of investigation

(2)

A member of a security force or an authorized officer in carrying out in investigation under this section may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

(3)

The person referred to in subsection (2) shall be bound to answer all questions relating to the case put to him by the member of a security force of the authorized officer:

Provided that the person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge, penalty or forfeiture.

45

(4)

A person making a statement under this section shall be legally bound to state the truth, whether or not the statement is made wholly or partly in answer to questions.

(5)

A member of a security force or an authorized officer in examining a person under this section shall first inform the person of the provision of subsections (3) and (4).

(6)

A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish, and the member of a security force or the authorized officer shall endorse thereon under his hand the fact of the refusal and the reasons for it, if any, as stated by the person examined.

[Ins. Cap. A77.]

Power to seize, remove and detain goods, etc.

Section 58B

(2)

A member of a security force or an authorized officer seizing, removing or detaining any goods, document or any other thing under this section shall prepare a list thereof and forthwith deliver a copy of the list signed by him to the owner or agent of the goods, document or any other thing, as the case may be.

(3)

Any goods, document or any other thing seized or detained under this section may deal with or dispose of in accordance with any regulations made under section 64 or in such manner as a court may order.

(4)

No claim or action shall lie against the Port Authority or any member of a security force or an authorized officer in respect of the seizure, removal or detention of anything under this section unless it is proved that such seizure, removal or detention was made without reasonable or probable cause.

[Ins. Cap. A77.]

Disposal of perishable goods or thing

Section 58C

(2)

A proper account of the proceeds of sale shall be kept and held by the general manager pending the completion of any investigation, prosecution or proceedings in respect of the offence for which the goods or such other thing was seized or detained.

[Ins. Cap. A77.]

47

Disposal of goods or other things by court

Section 58D

Where it is proved to the satisfaction of a court that any goods or any other thing seized or detained pursuant to section 58B was the subject matter of an offence or used in the commission thereof, the court shall order the goods, document or any other thing or the proceeds of sale thereof to be forfeited to the Port Authority or to be disposed of in such manner as the court may direct.

[Ins. Cap. A77.]

Section 58E

Return of goods or other thing seized or detained

Where any goods, document or any other thing is seized or detained under section 58B and there is no prosecution within a period of ninety days of such seizure or detention, the goods, document or any other thing seized or detained shall be deemed to be forfeited to the Port Authority upon the expiry of that period unless, before the expiry thereof, a written claim is made by the lawful owner thereof or his duly authorized agent to the general manager for the return of the goods or other thing seized or detained.

[Ins. Cap. A77.]

Section 58F

Identification of officer

Any member of a security force or any authorized officer when discharging his duties or exercising his powers under this

Ordinance or its subsidiary legislation shall, on demand, produce to any person against whom he is taking action, such identification or written authority to show that he is a member of a security force or an authorized officer for purposes of this Ordinance or its subsidiary legislation.

[Ins. Cap. A77.]

48

OFFENCES

Miscellaneous offences

Section 59

Any person who⎯

(a)

evades or attempts to evade payment of any due, rate or other charge due under this Ordinance or its subsidiary legislation; or

(b)

in any return, claim or other document whatsoever furnished for the purposes of this Ordinance or of its subsidiary legislation, knowingly or recklessly makes any statement which is false in a material particular, or omits to furnish any material particular which he is or may be required to furnish under or by virtue of those provisions;

shall be guilty of an offence: Penalty, imprisonment for three years and a fine of twenty thousand ringgit.

Obstruction and failure to comply with directions of Port

Authority officer

Section 60

Any person who obstructs, or fails without reasonable cause to comply with any lawful direction given by, any officer or servant of a Port Authority (including any member of a security force)

when acting in the course of his duties as such under this Ordinance or its subsidiary legislation shall be guilty of an offence: Penalty, a fine of five hundred ringgit.

Section 61

Intoxication, etc., of officers and servants of Port Authorities

Any officer or servant of a Port Authority who, while on duty, is unable to perform properly his duties due to the influence of drink or a drug shall be guilty of an offence: Penalty⎯

49

(a)

in the case of a member of a security force or any officer or servant the improper performance of whose duty would be likely to endanger the safety of any person, imprisonment for one year and a fine of two thousand ringgit; and

(b)

in any other case, a fine of one hundred ringgit.

Offences by body corporate, etc.

Section 61A

Where an offence under this Ordinance or its subsidiary legislation has been committed by a company, firm or society or any other body of persons, any person who at the time of the commission of such offence was a director, secretary or other similar officer of the company, or a partner or manager of the firm, or an office-bearer of the society or body of persons or who was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves to the satisfaction of a court that the offence was committed without his consent or connivance, and that he has exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances of the case.

[Ins. Cap. A77.]

MISCELLANEOUS

Special powers of Minister in connection with trade in ports

Section 62

Notwithstanding anything in this or any other written law, the Minister may, by Order, direct that⎯

(a)

all goods or any specified class of goods imported or exported by sea shall only be discharged or loaded at a specified port and at such places within such port as may be specified in the Order;

50

(b)

all passengers or any specified class of passengers travelling by sea to or from any specified place outside Sarawak shall only be embarked or disembarked at a specified port and at such place within such port as may be specified in the Order; and

(c)

all cargo or goods or any specified class of cargo or goods transported through, into or out of a port under section 23(1)(b) and in particular the conveyance of petroleum or gas by pipelines shall only be transported through, into or out of a port or loaded, unloaded or discharged at a specified port or at such places within the port as may be approved by the Minister, subject to such terms and conditions as the Minister may deem fit to impose.

[Am. Ord. No. 1/68.]

Resolving of conflicts between Ordinance, etc., and merchant shipping legislation in matters relating to marine safety and conservancy 63.

In the case of any conflict between this Ordinance or its subsidiary legislation and any enactment relating to merchant shipping concerning marine safety or conservancy within any port, the enactment relating to merchant shipping shall prevail.

Subsidiary legislation

Section 64

⎯(1)

A Port Authority may, with the approval of the

Majlis Mesyuarat Kerajaan Negeri, make regulations for carrying this

Ordinance into effect and, without prejudice to the generality of the foregoing, such regulations may⎯

[Am. Ord. No. 10/65; Cap. A6; Cap A28.]

(a)

provide for the levying of dues and rates and the mode and procedure for the enforcement of payment thereof;

51

(b)

provide different dues or rates for different classes of vessels, passengers, cargo or goods;

(c)

provide that a Port Authority may enter into a special agreement in respect of any matter coming under section 32;

(d)

provide for the exemption of any vessel, passenger, cargo or goods or any class of vessel, passengers, cargo or goods, from all or any dues or rates, or for the remission of any such dues or rates or of any part thereof;

[Sub. Ord. No. 10/65.]

(e)

prohibit, control or regulate the laying, placing, erection and maintenance of pipelines, cables or other structures within the limits of the port;

(f)

provide for the levying of dues on all petroleum or gas conveyed or transported through, into or out of the port by means of pipelines;

(g)

provide for the levying of port dues on cargo or goods transported through, into or out of the port;

(h)

provide for the levying of dues on pipelines, cables or any floating or other structures laid, placed, erected or maintained on land or underground, in or under the waters;

(i)

prescribe the offences which may be compounded and the procedures and conditions for compounding of such offences;

[Ins. Cap. A70.]

(j)

provide for the use of pilot or pilotage services, to be approved by a Port Authority, by vessels within a port limit;

[Ins. Cap. A70.]

52

(k)

provide for the procedure for seizure, forfeiture or disposal of goods and other things seized or detained under this

Ordinance;

[Ins. Cap. A77.]

(l)

provide for all matters or things which this Ordinance are required or permitted to be prescribed or which are necessary or expedient to be prescribed to give effect to this Ordinance.

(1A)

The Majlis Mesyuarat Kerajaan Negeri may make regulations on the matters stipulated in subsection (1) in relation to or for the purposes of an approved port operator and may confer such powers and authority on an approved port operator to enforce compliance with such regulations.

[Ins. Cap. A70.]

(2)

All regulations made under subsections (1) and (1A) shall be laid before the Dewan Undangan Negeri at the next meeting thereof following the publication of such regulations in the Gazette, and may be amended by resolution of the Dewan Undangan Negeri moved at that meeting or at any subsequent meeting.

[Am. Ord. No. 9/76; Am. Cap. A70.]

(3)

A Port Authority may make bylaws for⎯

(a)

the proper conduct of the business of a Port Authority including the preservation of its property and the safety of operations within its premises;

(b)

prescribing the conditions of business to which the liability of a Port Authority shall be subject in its capacity as a carrier of passengers, as a wharfinger and as a warehouseman;

[Ins. Ord. No. 10/65.]

53

(c)

specifying the officer to whom, the place at which and the time within which⎯

(i)

returns or information required by a Port

Authority shall be delivered; and

(ii)

dues or rates shall be paid;

[Ins. Ord. No. 10/65.]

(d)

prohibiting, controlling and regulating the entry of persons and goods to any land or premises under the control of a

Port Authority;

[Ins. Ord. No. 10/65.]

(e)

such particulars relating to ships entering or leaving a port as may be required for the purposes of Part V, and the form of such particulars and time in which they shall be supplied.

[Sub. Ord. No. 10/65.]

CONSULTATION AND CO-ORDINATION

State Ports Consultative Council

Section 65

(a)

the Permanent Secretary to the Ministry having responsibilities for State Ports, as Chairman;

(b)

the general managers of all Port Authorities established under section 3;

(c)

the chief executive officers of all approved port operators;

54

(d)

the Controller of Rivers;

(e)

the Director of Marine; and

(f)

not less than three and not more than five other persons to be appointed by the Minister, to represent port users and organizations or institutions in the State established with the objectives to promote trade, commerce and industry.

(2)

Persons appointed by the Minister under subsection (1) (f)

shall be for a period of not exceeding three years, and may be removed or replaced by the Minister at his discretion, but shall be eligible for re-appointment.

(3)

The Council shall have the following functions:

(a)

to coordinate the functions and activities of Ports specified in the First Schedule;

(b)

to recommend to the Minister measures to improve the efficiency and operations of ports and the services and facilities provided by the Port Authorities or approved port operators;

(c)

to make proposals to the Government on the future development of ports, including riverine ports;

(d)

to study and make recommendation on dues, rates and other charges that may be levied under this Ordinance, and the possible standardization of such dues, rates and charges;

(e)

to study measures to enhance the usage of facilities and services of ports, and to improve the standard and quality of services or facilities provided by Port Authorities or approved port operators;

55

(f)

to enhance cooperation and understanding among Port

Authorities and between Port Authorities and other related agencies in the State;

(g)

to make recommendations to the Minister, for improvement in navigation and marine safety in waters within port limits; and

(h)

to undertake such duties or functions as the Minister, in consultation with the Majlis Mesyuarat Kerajaan Negeri, may direct.

(4)

All meetings of the Council shall be presided over by the

Chairman or in his absence, by any other member of the Council elected by the majority of the members.

(5)

Three members of the Council including at least a member referred to in subsection (1) (a), (b), (d) or (e) shall constitute a quorum for any of its meetings.

(6)

(a)

The Council may appoint a Secretary who shall keep records of all its proceedings.

(b)

The Chairman shall transmit a copy of the records of the proceedings of the Council with all recommendations and proposals of the Council, to the Minister, after the conclusion of each meeting.

(c)

The Secretary shall not be a member of the Council and shall not be entitled to vote on any matters under its consideration.

(7)

(a)

All members of the Council and its Secretary shall be paid such allowances and remuneration as may be approved by the

Majlis Mesyuarat Kerajaan Negeri.

(b)

All sums payable pursuant to paragraph (a) shall be paid out of the State Consolidated Fund.

[Sub. Cap. A70.]

56

FIRST SCHEDULE

(Section 3(1))

SCHEDULED PORTS

Section 1

Kuching

Section 2

Rajang

Section 3

Miri

Section 4

Samalaju

Section 5

Tanjung Manis

[Am. Swk. L.N. 133/70; Am Swk. L.N. 7/81; Am. Swk. L.N. 28/12; Am.

Swk. L.N. 97/12.]

SECOND SCHEDULE

(Section 9(2))

POWERS OF PORT AUTHORITIES

Section 1

To berth, tow, moor, move or dry dock any vessel within the port.

Section 2

To load or unload any goods and to embark or disembark any passengers in or from any vessel.

Section 3

To provide lighterage and to sort, weigh, warehouse or handle any goods within the port.

Section 4

To acquire, construct, manufacture, maintain or repair any vessel or other thing required for the purposes of the Port Authority.

Section 5

To carry on the business of carrier of passengers or goods by land or water, and of wharfinger, warehouseman or lighterman.

Section 6

To provide and use vessels and appliances for towage or the protection of life or property, or for the prevention of fire.

Section 7

To determine and impose charges for services performed by the Port Authority and for the grant to any person of a permit in connection therewith.

Section 8

To acquire any undertaking affording or intending to afford facilities, in the port, for the loading and unloading or warehousing of goods.

Section 9

To supply water, fuel, electricity or gas to vessels within its port limit.

[Sub. Cap. A70.]

Section 10

To insure goods in the custody of the Port Authority.

57

Section 11

To control the erection and use of landing stages on any wharf.

Section 12

Subject to section 9(6), to sell, let or otherwise dispose of any of the immovable of movable property of the Port Authority.

Section 13

To enter into agreements with any person—

(a)

for the supply, construction, manufacture, maintenance or repair by that person of property, immovable or movable, necessary or desirable for the purposes of the Port Authority; or

(b)

for the operation of port services, facilities or activities, or the provision of such port operating equipment, as may be operated or provided by the Port Authority.

Section 14

To appoint and regulate weighers and meters of goods in the port.

Section 15

To reclaim, excavate, enclose or raise any part of any land vested or deemed to be vested in the Port Authority.

Section 16

To do anything for the purpose of—

(a)

improving the skill of persons employed by the Port Authority;

(b)

improving the efficiency of the equipment of the Port Authority;

(c)

improving the manner in which that equipment is operated; or

(d)

providing for training and research in connection with the operations of the Port Authority.

Section 17

To provide houses, hostels and other like accommodation for persons employed by the Port Authority.

Section 18

To make and guarantee loans to a person employed by the Port Authority for the purpose—

(a)

of building a house;

(b)

of purchasing or leasing a plot of land on which to build a house;

(c)

of purchasing or leasing for his residential use, or that of his family, any premises; or

(d)

for such other purposes as the Port Authority may approve.

Section 19

To improve the welfare of, and to build or provide such recreational facilities or amenities for, persons under the employment of the Port Authority.

58

[Sub. Cap. A70.]

Section 20

To engage in such other activities, whether similar to those specified in this

Schedule or not, as may be sanctioned by the Minister.

[Am. Ord. No. 1/68.]

Section 21

Subject to the approval of the Minister, to incorporate or form companies or to acquire, subscribe and pay for shares in companies to enable the Port Authority to better perform its functions and enhance the standard or quality of its services and facilities.

[Ins. Cap. A70.]

Section 22

To own, operate and maintain any vessel or to hire or enter into contract for the hire of pilots or for the purpose of providing services which the Port

Authority is empowered or required to provide or to ensure the navigational and marine safety of vessels or shipping within its port limit.

[Ins. Cap. A70.]

Section 23

Subject to approval of the Majlis Mesyuarat Kerajaan Negeri and Part III, to appoint an approved port operator and to levy such fees or charges on any approved port operator for the use, hire or lease of any port facilities or equipment for the business of the approved port operator.

[Ins. Cap. A70.]

59

Ord. No. 1/61

LIST OF AMENDMENTS

Amending law

Short title

In force from

Ord. 10/65

Port Authorities (Amendment)

Ordinance, 1965

Section 29

10.65

Ord. 1/68

Port Authorities (Amendment)

Section 30

Ordinance, 1968

10.70

Ord. 5/71

Port Authorities (Amendment)

Ordinance, 1971

Section 4

2.70

Ord. 3/72

Port Authorities (Amendment)

Ordinance, 1972

Section 20

3.72

Swk. L.N. 7/81

Port Authorities (First Schedule)

(Amendment) Order, 1981

Section 1

2.81

Ord. 6/88

Port Authorities (Amendment)

Ordinance, 1988

Section 7

10.2010

Swk. L.N. 97/2012

Port Authorities (First Schedule)

(Amendment No. 2) Order,

2012

Section 1

7.2012

60

Port Authority Ordinance, 1961 ( Ord. No. 1/61 )

About this state ordinance

PART I

PART II

(2)

(2)

(3)

(2)

(3)

(4)

(5)

(a)

(b)

(c)

(d)

(e)

(6)

(7)

(8)

(9)

(2)

(3)

(4)

(2)

(3)

(4)

(5)

(6)

(7)

(2)

(a)

(b)

(c)

(d)

(e)

(d)

(2)

(3)

(a)

(b)

(4)

(5)

(a)

(b)

(c)

(6)

(a)

(b)

(c)

(2)

(3)

PART III

(b)

(2)

(b)

(3)

(2)

(3)

(2)

(a)

(i)

(ii)

(b)

(i)

(ii)

(iii)

(3)

(a)

(b)

(c)

(d)

(e)

(2)

PART IV

(a)

(b)

(2)

(2)

(2)

(a)