Malaysia legislation
Section 11
Section 11
(1)
Without prejudice to the provisions of subsection (1) of section 10, if it appears to the Port Authority that a licensed operator has failed to carry out any of its duties under the licence, the Port Authority may give notice in writing to the licensed operator requiring it to perform such duties within the period prescribed in the notice.
(2)
If upon the expiry of the period prescribed in such notice the licensed operator fails to carry out the duties mentioned therein, the Port Authority may engage any other person to perform those duties and all costs and expenses incurred by the Port Authority in respect thereof shall on demand be immediately reimbursed by the licensed operator.
(3)
A person engaged by the Port Authority under subsection (2) may enter into any of the premises of the licensed operator and bring into the premises any equipment or machinery as may be necessary or proper for the purposes of carrying out those duties.
10
(4)
In every licence issued under section 9, there shall, in the absence of any express provision therein to the contrary, be the implied condition that any person engaged by the Port Authority under subsection (2) may in respect of the duties stated in the notice given by the Port Authority –
(a)
take temporary possession of and operate any equipment or machinery belonging to or utilised by the licensed operator; and
(b)
employ any servant or employee of the licensed operator.
(5)
Where any equipment or machinery of the licensed operator is temporarily taken over and operated under subsection (4), no compensation shall be paid to the licensed operator by the person taking over and operating such equipment or machinery.
6)
Notwithstanding subsection (5), the person engaged by the Port Authority under subsection (2) shall continue to perform the duties for which he was engaged.
(7)
The Port Authority shall not be liable for any damage or injury occasioned by any act, omission or default of the person engaged by the Port Authority under subsection
(2)
.