Malaysia legislation

Section 10

of Sarawak Rivers Ordinance, 1993

Section 10

Appointment of Controller of Rivers and other officers

(a)

employ and appoint—

(i)

a chief executive officer to be known as the

Controller of Rivers; and

(ii)

one or more Riverine Transport Officers and such other officers and employees as it considers expedient for the performance of its functions under this Ordinance;

and

(b)

pay to any person in its employment such salary, wages or other remuneration as it may deem fit and may grant to any such person such leave as it may deem fit, and may for the benefit of its officers and employees make standing orders for the following matters:

(i)

the terms and conditions of service of its officers and employees;

(ii)

the provision of pensions, provident fund, or other superannuation benefits for its officers and employees;

(iii)

the provision to make and to guarantee loans to any officer or employee of the Board for the purchase of a house or for any other purposes the Board may specify;

(iv)

the conduct and management of its activities.

[Am. Cap. A46.]

(2)

The Controller shall be the chief executive officer of the

Board and shall be responsible for the day to day administration and management of the affairs of the Board and shall, subject to such limitations as the Board may specify, perform all duties imposed and exercise all powers conferred on the Board by this Ordinance.

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(3)

The Controller shall be responsible for the preparation and execution of programmes, schemes or projects, for the carrying out of the decisions of the Board, for the issue of policy guidance or of elucidation of decisions of the Board and for the supervision and control over the implementation of such decisions, and may participate without the right to vote in any meeting of the Board.

(4)

A Senior Riverine Transport Officer shall be the supervisor for such area as may be designated by the Controller and shall act under the direction of the Controller. Each such officer shall have personal charge and supervision under the Controller, and shall direct the officers, patrol boats and other means under his command to detect and bring to punishment offenders against the provisions of this

Ordinance and regulations made thereunder.

(5)

All members of the Board, officers and employees of the

Board shall be deemed to be public servants within the meaning of the

Penal Code [Act 574].

(6)

The Board may employ and pay agents and technical advisers including advocates and solicitors, bankers, stock-brokers, surveyors, valuers or other persons, to transact any business or to do any act required to be transacted or done in the execution of its duties or for the better carrying into effect of the purposes of this Ordinance.

(7)

No member of the Board, Riverine Transport Officer or any other person whomsoever acting under the direction of the Board shall be personally liable for any act or default done or omitted to be done in good faith and without negligence in the course of his duty for purposes of carrying out the provisions of this Ordinance or regulations made thereunder.

(8)

If any person is dissatisfied with any decision or order of the Controller or any duly authorized Riverine Transport Officer made or given by virtue of subsection (2), (3) or (4), he may appeal from such decision or order to the Board within fourteen days of the date of such decision or order being communicated to him.

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(9)

If any person is dissatisfied with any decision or order made or given by the Board under this Ordinance, he may appeal from such decision or order to the Minister within fourteen days of the date of such decision or order being communicated to him. The decision of the Minister shall be final.

Section 10 — Sarawak Rivers Ordinance, 1993 | mylaw.my