* Public Transport Commission Act 2010

Original Language Title: * Suruhanjaya Pengangkutan Awam Darat Act 2010

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 714 LAND PUBLIC TRANSPORT COMMISSION ACT 2010 As at 1 July 2015 2 LAND PUBLIC TRANSPORT COMMISSION ACT, 2010 date of Assent............... June 1, 2010 the date of publication in the Gazette......... June 1, 2010 3 laws of MALAYSIA Act 714 LAND PUBLIC TRANSPORT COMMISSION ACT 2010 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, commencement and application 2. Interpretation of PART II of the COMMISSION 3. The establishment of the Commission 4. Seal 5. Membership of the Commission 6. Table 7. The approval to hold other posts 8. The term of Office 9. Remuneration and allowances 10. Revocation of appointment and the resignation of the 11. Vacation of Office 12. Temporary exercise of functions of the Chairman 13. The Committee 14. Disclosure of interest 4 laws of Malaysia ACT 714 PART III FUNCTIONS and POWERS of the COMMISSION section 15. The functions of the Commission 16. The power of the Commission 17. Arrangement with government entities 18. Responsibility Government entity 19. Delegation of functions and powers of the Commission 20. Directions by Minister 21. Statements, reports, accounts and information 22. The Commission may establish and was involved in the incorporation of PART IV of the EMPLOYEES of the COMMISSION 23. Chief Executive Officer 24. Temporary exercise of functions of Chief Executive Officer 25. Appointment of employees of the Commission 26. Conditions of service of 27. The payment of retirement benefits, etc.
28. Loans, scholarships and money advance part V finance 29. The funds of the land public transport Commission 30. Expenses shall be charged on the Fund 31. Conservation Fund 32. 33 bank accounts. Power to borrow land public transport Commission 5 Section 34. The investment of 35. Limitations of contract 36. Financial arrangements 37. Financial year PART VI GENERAL 38. Prosecution 39. 40 public servants. Protection against legal action and legal proceedings 41. Public authorities Protection Act 1948 42. Obligations of secrecy 43. Representation in civil proceedings 44. The power to make regulations 45. Power to employ 46. Recruitment of government employees 47. Things done in anticipation of this Act made table 7 laws of MALAYSIA Act 714 LAND PUBLIC TRANSPORT COMMISSION ACT 2010 an act to provide for the establishment of the land public transport Commission towards public transport which is safe, reliable, responsive, easily accessible, efficient, organized, integrated and sustainable, as well as to ensure the provision of affordable services for carriage of passengers with the most competitive for the carriage of goods and for matters connected therewith.

[3 March 2010]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title, commencement and application 1. (1) this Act may be cited as the land public transport Commission Act of 2010.

(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.

(3) this Act applicable to Peninsular Malaysia.


Interpretation 2. In this Act, unless the context otherwise requires — 8 laws of Malaysia ACT 714 "members" means the Chairman and other members of the Commission appointed under section 5;

"Government entity" means — (a) the Federal Government, or any State Government, the State authority or local government; and (b) any Ministry, Department, Office, agency, authority, Commission, Board, Council, Committee or other body, incorporated or unincorporated, for the Federal Government, or any State Government or local government, whether established under law or otherwise;

"Committee" means a Committee established by the Commission under section 13;

"goods vehicle" has the meaning assigned to it in section 2 of the public transport Act 2010 [Act 715];

"vehicle travel" has the meaning assigned to it in section 2 of the public transport Act 2010;

"public service vehicle" has the meaning assigned to it in section 2 of the public transport Act 2010;

"train" has the meaning assigned to it in section 2 of the public transport Act 2010;

"Chief Executive Officer" means the Chief Executive Officer of the Commission appointed under section 23;

"Fund" means the Fund public transport Commission established under section 29;

"Minister" means the Prime Minister;

Land public transport Commission 9 "Finance Minister" means the Minister responsible for finance;
"people with disabilities" has the meaning assigned to it in section 2 of the Act people with disabilities 2008 [Act 685];

"appointed officer" has the meaning assigned to it in section 2 of the public transport Act 2010;

"employee" means any person employed by the Commission under section 25, and includes the Chief Executive Officer;

"public transport" means transport on land by means of public passenger transport and haulage land public, and includes public transport service, terminal, facility, network, system, handling and other services related to such transport or public transport service;

"public goods land transport" means the carriage of goods on the Mainland by way of a goods vehicle or train;

"public passenger inland transport" means the carriage of passengers, including their baggage, on the Mainland by way of a public service vehicle, motor vehicle or train;

"licensed operator" has the meaning assigned to it in section 2 of the public transport Act 2010;

"Chairman" means the Chairman of the Commission appointed under section 5;

"public transport service" means — (a) the carriage of passengers by means of public ground transportation of passengers; 10 laws of Malaysia ACT 714 (b) the carriage of goods by means of public ground transportation of goods;

"universal design" has the meaning assigned to it

in section 2 of the Act Disability 2008;

"Commission" means the land public transport Commission established under section 3;

"due date" means the date specified by the Minister under subsection 1 (2);

"the law of the land public transport" means this Act and public transport Act 2010, and includes any subsidiary legislation made under the law.

PART II the COMMISSION establishment of Commission 3. (1) a body corporate by the name "public transport Commission" was established.

(2) the Commission shall have perpetual succession and may sue and be sued in the name of him.

(3) subject to and for the purposes of this Act, the Commission may, on such terms as it regards ought to — (a) enter into contracts; and (b) in respect of any type of movable and immovable and movable property and interests of immovable — land public transport Commission 11 (i) acquire, buy and take the assets and interests; and (ii) hold, enjoy, memindahhakkan, assign, surrender, refund, charge, mortgage, mendemiskan, assign it, transferred, or in any other way dispose of, or make any arrangement about, property and interests vested in the Commission.


Seal 4. (1) the Commission shall have a common seal bearing a sign approved by the Commission and such seal may from time to time be broken, changed, transformed and made anew as it deems fit by the Commission.

(2) until a seal is provided by the Commission, a stamp bearing the words "land public transport Commission" may be used and shall be deemed to be the common seal of the Commission.

(3) the common seal shall be kept in the custody of the Chairman or of any other persons authorized by the Commission, and shall be authenticated by either the Chairman or any other persons authorized by the Chairman in writing.

(4) all deeds, documents and other instruments purporting to be sealed with the seal of the Corporation and certified accordingly shall, until the contrary is proved, be deemed to have been validly executed.

12 laws of Malaysia ACT 714 (5) any deed, document or instrument which, if executed by a person not being a body corporate, is not required in order to be sealed may be executed in the manner similar by a member of the Commission or any other person authorized by the Commission on behalf of the Commission.

(6) the common seal of the Commission shall be officially and judicially noticed.


Membership of the Commission 5. The Commission shall consist of the following members who shall be appointed by the Minister: (a) the Chairman;
(b) the Chief Executive Officer;
(c) not more than five (5) representatives of the Government; and (d) not less than three but not more than five other members who, in the opinion of the Minister, has the knowledge and experience and demonstrated ability and professionalism in matters relating to public transport or any other suitable qualifications as determined by the Minister.


Table 6. (1) the provisions of the Schedule shall apply to members of the Commission.

(2) the Minister may amend the Schedule by order published in the Gazette.
Land public transport Commission 13 Approval to hold office other 7. A member of the Commission may not, while in Office that, hold any Office or employment, whether paid remuneration or not, without the prior approval in writing of the Minister.


The term of Office 8. (1) subject to any conditions specified in the instrument of appointment, a member of the Commission shall, unless he sooner resigns or his or her appointment revoked clear in advance, hold office for a term not exceeding three years and are eligible for re-election.

(2) this section shall not apply to the Chief Executive Officer.


Remuneration and allowances 9. (1) the Chairman shall be paid such remuneration and allowances as determined by the Minister.

(2) all other members of the Commission shall be paid allowances at such rates as may be determined by the Minister.


Revocation of appointment and resignation of 10. (1) the Minister may, at any time, revoke the appointment of any member of the Commission.

(2) a member of the Commission may, at any time, resign his Office by giving notice in writing to the Minister.

14 laws of Malaysia ACT 714 vacation of Office 11. The Office of a member of the Commission shall be vacated: (a) if he dies;
(b) if he has been convicted of an offence;
(c) if he becomes bankrupt;
(d) if he is of unsound mind or otherwise unable to meet its obligations;

(e) in the case of the Chairman, if he fails to attend meetings of the Commission three times in a row without permission in writing from the Minister; or (f) in the case of a member of the Commission other than the Chairman, if he fails to attend meetings of the Commission three times in a row without permission in writing from the Chairman.


Temporary exercise of functions of the Chairman 12. Temporarily the Minister may appoint any member of the Commission, other than the Chief Executive Officer, to act as Chairman during the period when — (a) the Chairman is empty;
(b) the Chairman is not present on duty or not available in Malaysia; or (c) the Chairman, for any other reason, unable to perform the duties of his Office.

Public transport 15 Commission Committee 13. (1) the Commission may establish such committees as it considers necessary or expedient to assist it in the performance of its functions.

(2) the Commission may appoint any of its members to be the Chairman of a Committee.

(3) the Commission may appoint any person to be a member of a Committee.

(4) a member of the Committee shall hold office on such terms and for such period as may be specified in the letter of appointment and shall be eligible for re-election.

(5) the Commission may revoke the appointment of any member of a Committee.


(6) a Chairman of the Committee may, at any time, resign by giving notice in writing to the Commission.

(7) a member of the Committee may, at any time, resign by giving notice in writing to the Chairman of the Committee.

(8) the Commission may, at any time, discontinue or modify the membership of a Committee.

(9) a Committee may regulate its own procedure.

(10) a Committee shall be subject to, and act in accordance with any instructions given to him by the Commission.

16 laws of Malaysia ACT 714 (11) meetings of a Committee shall be held at any time and at any place determined by the Chairman of the Committee.

(12) a Committee shall cause to be — (a) the minutes of all its meetings to be maintained and stored in a proper form; and (b) a copy of the minutes of all its meetings as submitted to the Commission as soon as workable.

(13) a Committee may invite any person to attend any meeting held for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

(14) a member of a Committee or any person invited under subsection (13) shall be paid such allowances and other expenses as determined by the Commission.


Disclosure of interest 14. (1) a member of the Commission or any Committee established under section 13 which have or acquire an interest directly or indirectly either on its own, through a member of his family or through its affiliates in connection with any matter under discussion by the Commission or Committee shall disclose to the Commission or Committee, as the case may be, the fact of his interest and the interest of the type.

(2) a disclosure under subsection (1) shall be recorded in the minutes of meetings of the Commission or Committee, as the land public transport Commission 17 the case may be, in which the matter is discussed and, after the disclosure, the Member — (a) cannot attend or take part in any discussion or decision of the Commission or Committee, as the case may be, on the matter; and (b) shall not be counted for the purpose of forming a quorum of the Commission or Committee, as the case may be, when the matter is discussed or decided.

(3) a member of the Commission or Committee who did not disclose his interest as required under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(4) no act or proceeding of the Commission or the Committee may ditidaksahkan on the ground that any member of the Commission or Committee has violated this section.

(5) for the purposes of this section — "family member", in relation to a member of the Commission or Committee, including — (a) his spouse;
(b) parent (including parent's spouse);

(c) his children (including adopted children or stepchildren);
18 laws of Malaysia ACT 714 (d) siblings (including brothers husband spouse); and (e) a husband or his wife or his sister; and "allies", in relation to a member of the Commission or Committee, means — (a) the person is a member or employee of the trustee (s);
(b) the Member firms or any nominee of his, is a partner;

(c) partner to the Member;
(d) the trustee of a trust under which the Member or a member of his family is a beneficiary; or (e) any corporation within the meaning of the companies Act 1965 [Act 125], which the Member or any nominee of his or of a member of his family is a Director or has a substantial holding of shares in such Corporation.


PART III FUNCTIONS and POWERS of the COMMISSION the functions of the Commission 15. The Commission shall have all the functions assigned to it under the law of the land public transport and shall also have the following functions: (a) to advise the Minister on all matters relating to public transport, public transport Commission 19 include matters relating to the exercise of its functions under the law of the land public transport;

(b) to promote, enhance, facilitate and implement a public transport that is safe, reliable, responsive, efficient, organized, integrated and sustainable;

(c) to promote, enhance, facilitate and implement the provision of affordable services for the carriage of passengers by public service vehicles and trains and services competing for the carriage of goods by inland transport public goods;

(d) to advise the Minister on policies and plans, including schemes and programmes in respect of public transport and develop strategies that are consistent with the policies and plans, including in relation to — (i) the preparation, development, improvement and expansion of public transport in line with consumer demand is expected;

(ii) increase the safety, reliability and efficiency of the public transport service through formulation, implementation and monitoring of minimum performance standards;

(iii) the promotion and improvement of the coordination, coherence and accessibility in the public transport system;

(iv) competitive framework in respect of procurement services of public transport; and 20 laws of Malaysia ACT 714 (v) travel demand management mechanism;
(e) to assist the Minister in developing a national master plan and master plan or other plan or policy document requested by the Minister from time to time, for public transport and to review, revise and if applicable, perform any part of the master plan and national or regional master plan or other plan document policies that fall within the scope of its functions and powers under the law of the land public transport and help the Minister in

monitor the extent of its implementation by other Government Entities in the exercise of their functions and powers under the law to another or otherwise;

(f) to advise the Minister about the structure or a fair and efficient mechanism for fare applicable to public service vehicles and passenger train, which can be paid by the passenger and fair to licensed operators, taking into account relevant considerations, including the standards and quality of service provided;

(g) to advise the Minister about the structure or the mechanism for extending land public goods transport, taking into account relevant considerations, including the standards and quality of service provided and the viability of operators;

(h) to supervise and regulate public transport in accordance with the laws of the land public transport;

(i) to implement and enforce the laws of public transport;

Land public transport Commission 21 (j) to review the laws of public transport and any other laws involving public transport and make the necessary recommendations to the Government;

(k) to promote, facilitate, improve and implement the use of new technologies for performance improvement in terms of the environment or environmental compliance for public transport and regulate the use of the new technology;

(l) to investigate and review railway accidents and incidents in accordance with and subject to its functions under the public transport Act 2010 and take any responsive actions she thinks fit;

(m) to carry out investigations on, running Outlook and research on, collect, analyse and publish information, statistics and factors affecting or relating to the development or improvement of public transport, including reducing traffic congestion or to carry out the functions of the Commission are better;

(n) to promote and encourage a better understanding of the policies, plans, strategies, schemes and programmes contained in public transport master plan described in paragraph (e), whether on their own or in association with government entities or any other person;

(o) to issue guidelines or circulars in connection with the implementation and enforcement of the provisions of the law of public transport;

(d) to recommend to the relevant Government Entities any policies, laws and actions 22 laws of Malaysia ACT 714 which shall be used by them to facilitate the achievement of public transport that is safe, reliable, responsive, efficient, organized, integrated and sustainable;

(q) to advise or give guidelines or recommendations to the relevant Government Entities relating to land use and planning persepaduan and public transport policy;

(r) to encourage and facilitate the compliance of facilities, amenities and public transport service with universal design to ensure easy access to the facilities, amenities and services, and its use by people with disabilities;

(s) to perform any other functions as may be conferred to the Commission by law public transport; and (t) to do all such activities and make all things which in the opinion of the Commission is required, appropriate or beneficial for the purpose of carrying out or in connection with the performance of its functions under the law of the land public transport.


The power of the Commission 16. (1) the Commission shall have power to do all such things as are necessary or expedient for, or in connection with, the performance of its functions under the law of the land public transport.

(2) without prejudice to the generality of subsection (1), the authority of the Commission shall include power — land public transport Commission 23 (a) to use the all property of the Commission, movable and immovable, in such manner as he thinks expedient by the Commission including mortgage the property for pemerdapatan loans;

(b) to impose fees or charges for services rendered by the Commission;

(c) to appoint any of its agents, experts or consultants as it thinks fit to assist the Commission in the performance of its functions;

(d) to provide loans and scholarships to employees of the Commission for any purpose approved by the Minister;

(e) to formulate and implement programmes for the implementation of the Commission's functions with appropriate and effective, including programmes for human resource development, financing and cooperation;

(f) to cooperate with government entities or any other body corporate for the purpose of performing the functions of the Commission; and (g) to do anything incidental to any of its functions.


Arrangement with government entities 17. (1) subject to subsection (2), the Commission may make an agreement or arrangement with any government entities in respect of — (a) the exercise by the Commission and the Government entities of any functions and their respective powers; or 24 laws of Malaysia ACT 714 (b) conduct or procurement by the Government entity, on behalf of the Commission, any work or service.

(2) any agreement or arrangement made under subsection (1) shall — (a) with the consent of the Minister in the case of an Entity of the Federal Government;

(b) with the consent of the Government of each State in the case of a State Government Entity; and (c) subject to and in accordance with the law regulating the functions and powers of the relevant Government Entities.


Responsibility of government entities 18. The responsibility of every Government entity to — (a) cooperate with and assist the Commission, including giving any information in their control or their ability to acquire, as required by the Commission and any officer appointed in the implementation of the functions of the Commission and the exercise of the powers of the Commission under the law of the land public transport; and (b) if applicable, reference and use information and statistics disseminated by the Commission in the implementation of the functions of the Government entities and in the exercise of its powers.




Public transport 25 Commission representations of functions and powers of the Commission 19. (1) the Commission may, in writing, delegate any of its functions and powers under the law on public transport

land, except the power to make subsidiary legislation, to — (a) a member of the Commission;
(b) a Committee; and (c) any employee of the Commission.
(2) any person delegated with functions or such power was bound to observe and take into account all conditions and restrictions imposed by the Commission and all the requirements, procedures and matters specified by the Commission.

(3) any functions and powers delegated under this section shall be implemented and carried out in the name of and on behalf of the Commission.

(4) a delegation under this section does not prevent the Commission from performing or conducting himself any of the functions and powers which have been delegated to that at any time.


Directions by Minister 20. (1) the Commission is responsible to the Minister.

(2) the Minister may give directions of a general Commission, in accordance with the provisions of the law of public transport, in relation to the implementation of the functions and powers of the Commission and the Commission shall give effect to such directions.


26 laws of Malaysia ACT 714 Statements, reports, accounts and information 21. (1) the Commission shall give to the Minister, and any other public authorities specified by the Minister, any statements, reports, accounts and information concerning the activities and their accounting as required or directed by the Minister from time to time.

(2) statement of account, reports, and information shall be in such form and shall contain any information relating to the proceedings and policy of the Commission and any other matter as specified by the Minister from time to time.


The Commission may establish and was involved in the Organization of the Corporation 22. The Commission may, with the approval of the Minister and the consent of the Minister of finance, set up and involved in any body corporate for the purpose of improving the service level standards relating to public transport or for any other purpose, be deemed to be necessary to promote the development and improvement of public transport.


PART IV of the EMPLOYEES the COMMISSION Chief Executive Officer 23. (1) the Minister shall appoint a Chief Executive Officer upon such terms and conditions, and shall be paid such remuneration and allowances, which it may deem appropriate.

27 public transport Commission (2) the Commission shall vest in the Chief Executive Officer of any powers and impose upon them such duties as may be determined by the Commission.

(3) the Chief Executive Officer shall be responsible for the Administration and management of the functions and Affairs of the day to day of the Commission as a whole.

(4) the Chief Executive Officer shall have general control over the employees of the Commission.

(5) the Chief Executive Officer shall perform any other duties as directed by the Commission from time to time.

(6) in fulfilling its duties, the Chief Executive Officer shall act under the authority of and in accordance with the General instructions of the Commission.

(7) the Chief Executive Officer shall be an employee of the Commission.


Temporary exercise of the functions of the Chief Executive Officer of 24. The Minister may appoint any employee of the Commission to act as Chief Executive Officer during any period when — (a) the post of the Chief Executive Officer is vacant;
(b) the Chief Executive Officer is absent on duty or not available in Malaysia; or (c) the Chief Executive Officer, for any other reason, unable to perform the duties of his Office.


28 laws of Malaysia ACT 714 employee Appointment Commission 25. The Commission may, from time to time, appoint and employ such number of employees as it thinks fit and necessary and upon such terms as it thinks fit to carry out the purposes of the law of public transport.


Terms of service 26. The Commission may, with the approval of the Minister, determine the conditions of service of employees.


The payment of retirement benefits, etc.

27. The Commission may make arrangements for payments to its employees and their dependants of any retirement benefits, pensions, gratuities and other allowances as determined by the Commission.


Loans, scholarships and cash advance 28. The Commission may provide loans, scholarships and money advances to employees for any purpose and upon such terms as may be determined by the Commission.


Part V FINANCIAL Fund land public transport Commission 29. (1) a fund known as the "Fund public transport Commission" established and shall be administered and controlled by the Commission.

29 public transport Commission (2) the Fund shall consist of — (a) any money allocated from time to time by Parliament;

(b) all or any part of the operator's license fee or other fees, administrative charges or other charges imposed by or payable to the Commission under the law of the land public transport;

(c) all moneys derived as income from investments made by the Commission;

(d) all moneys derived from the sale, disposal, leasing or rental, or any other transactions of, any property, mortgages, charges or debentures vested in or acquired by the Commission;

(e) all money and property in any way become payable to or vested in the Commission in respect of any matter incidental to the functions and powers;

(f) any costs payable to, or obtained by, the Commission in any settlement of the action or proceeding, civil or criminal;

(g) all moneys borrowed by the Commission under section 33; and (h) all other moneys lawfully received by the Commission, but does not include money or the amount of money due to public transport Fund established under the public transport Act 2010.

30 laws of Malaysia ACT 714 expenses shall be charged on the Fund 30. Fund shall be expended for the purposes of the following: (a) to pay any legal expenses incurred by the Commission;

(b) to pay the remuneration, allowances and other expenses of the Commission, members and staff of the Commission, including the granting of loans, scholarships and money advances, retirement allowance, retirement benefits, pensions, gratuities and other benefits;


(c) to pay any expenses, costs or other expenses relating to the acquisition of goods and services, including recruitment consultancy, fees and legal costs and fees and other costs, incurred or received properly by the Commission in the performance of its functions and exercise of its powers under the law of the land public transport;

(d) to purchase or rent equipment, machinery and any other materials, acquire land and any assets, and constructing buildings, and to carry out any work and other efforts in the performance of its functions or the exercise of its powers under the law of the land public transport;

(e) to repay any money borrowed under section 33 and interest payable on money borrowed it; and (f) generally, to pay any expenses to implement the provisions of the law of public transport.

Land public transport Commission 31 Preservation Fund 31. Be the duty of the Commission to conserve the Fund with the performance of its functions and exercise of its powers under this Act in such a way that with uncertain that the total revenues of the Commission sufficient to pay all sums properly chargeable to revenue account, including depreciation and interest on capital from year to year.

32 bank accounts. The Commission shall open and maintain an account or accounts with any bank or banks in Malaysia as it deems fit by the Commission.

Power to borrow 33. The Commission may, from time to time, borrow in any form and on any terms approved by the Minister with the consent of the Minister of finance, any money needed by the Commission to meet its obligations or discharging any of its duties.


34 investments. Money the Commission shall, to the extent not needed to spend immediately by the Commission under this Act, be invested in such manner as approved by the Minister with the consent of the Minister of finance.


Contract limits 35. The Commission may not, without the approval of the Minister and the consent of the Minister of finance, make any contract in 32 laws of Malaysia ACT 714 thereunder of the Commission are required to pay or receive an amount exceeding ten million dollars.


36. financial procedure Subject to this Act and the approval of the Minister, the Commission shall determine its own financial arrangements.


Financial year 37. Financial year the Commission shall begin on 1 January and ends on 31 December of each year.


PART VI GENERAL Prosecution 38. (1) a prosecution for any offence under this Act shall not be instituted except by or with the consent in writing of the Prosecutor.

(2) any employee of the Commission who is authorised in writing by the public prosecutor may conduct a prosecution for any offence under this Act.


Public servants 39. All members of the Commission and to any Committee, and employees and agents of the Commission, while on their duties under this act as a member, employee or agent of such, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Land public transport Commission 33 protection against legal action and legal proceedings 40. No action, suit, prosecution or other proceedings may be taken or carried, to come or made in any court against — (a) the Commission; or (b) any member of the Commission or member of the Committee, any employee or agent of the Commission, in respect of any act, neglect or default made or committed in good faith or omission left by him in good faith, on such properties.


Public authorities Protection Act 1948 41. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or against members of the Commission, members of the Committee, and employee or agent of the Commission in respect of any act, neglect or default made or done by him in good faith or omission left by him in good faith, on such properties.


42. The obligation of confidentiality (1) except for any purpose of this Act or for the purpose of any civil or criminal proceedings under any written law or if otherwise permitted by the Commission — (a) no member of the Commission or any of its committees or any employee or agent of 34 laws of Malaysia ACT 714 the Commission or any person attending any meeting of the Commission or any of its committees, either in or after the term of Office or occupation , may disclose any information it considers in the course of its work and which are not published in accordance with the laws of the land public transport; and (b) no other shall, by any means, have access to any information or document relating to the Affairs of the Commission may disclose the information or document.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.


Representation in civil proceedings 43. Notwithstanding the provisions of any other written law — (a) in any civil proceedings by or against the Commission;

(b) in any civil proceeding against any employee in connection with the performance of its functions under the law of the land public transport; or (c) in any civil proceedings in which the other Commission required or allowed by the Court to be represented, or heard, or otherwise have the right to be represented or heard land public transport Commission 35 any person authorized by the Commission for that purpose may, on behalf of the Commission or employee of such proceedings, or present in such proceedings and may make all presence and application and do all the acts in respect of the proceedings on behalf of the Commission or employee.


The power to make regulations 44. The Minister may make regulations necessary or expedient to implement fully this Act or for

implement the provisions of this act better.


Power to employ 45. The Commission may employ and pay agents and technical advisers, including advocates and solicitors, bankers, consultants and others, to manage any business or to do any act required to be dealt with or performed on the performance of its functions, the exercise of its powers or to carry out the purposes of this act better.


Recruitment of government employees 46. (1) the Commission shall, on the appointed date, accept into its employment every person who immediately before that date are in employment or services — (a) the commercial vehicles Licensing Board Peninsular Malaysia; and (b) the Department of railways, the Ministry of transport, 36 laws of Malaysia ACT 714 which has been given a choice by the Malaysian Government and chose to serve as an employee of the Commission.

(2) every such person who opts under subsection (1) to serve as an employee of the Commission shall be employed by the Commission on the terms and conditions of service no less favourably than the terms and conditions of service to which he is entitled to immediately before the appointed date.

(3) up to the terms and conditions of service of employees may be determined by the Commission, the scheme and terms and conditions of service of employees of the commercial vehicles Licensing Board Peninsular Malaysia or the Department of railways, the Ministry of transportation, as the case may be, shall continue to apply to every person employed by the Commission under subsection (1).


Things done in anticipation of this Act made 47. All things done by any person or authority on behalf of the Commission in preparation for and towards the implementation of proper administration or any of the provisions of this Act, and any expenses incurred in connection therewith, in anticipation of this Act made shall be deemed to have been allowed by this Act, and all rights acquired or obligations incurred on behalf of the Commission from any such shall be done , on the appointed date, be deemed to have rights and obligations of the Commission.








Land public transport Commission 37 TABLE [section 6] time and place of the meeting 1. (1) the Commission shall hold as many meetings as are necessary to carry out its functions efficiently and the meeting shall be held at any place and at any time the Chairperson shall, provided that the Chairman may not allow more than two months elapse between meetings.

(2) the Chairman shall convene a meeting if requested to do so in writing by the Minister or by at least two members of the Commission.


Quorum of 2. The Chairman and at least half of the other members of the Commission shall constitute a quorum for any meeting of the Commission.


Casting vote 3. If on any question to be determined by the Commission there is the same number of votes, the Chairman shall have a casting vote in addition to vote normally.


The Commission may invite others to meetings 4. (1) the Commission may invite any person to attend any meeting or deliberation of the Commission for the purpose of advising it on any matter under discussion, but any person who is not entitled to vote at the meeting or deliberation.

(2) any person invited under subparagraph (1) shall be paid such allowance as determined by the Commission.


Minute 5. (1) the Commission shall cause to be: all of its meetings to be maintained and stored in a proper form.
38 the laws of Malaysia ACT 714 (2) the minutes of meetings of the Commission, if duly signed, shall, in any legal proceedings, be received as prima facie evidence of the facts stated in the minutes without further proof.

(3) every meeting of the Commission in respect of which minutes have been made in accordance with subparagraph (1) and (2) shall be deemed to have been duly convened and held and all members of the meeting have been duly qualified to act.


The procedure 6. The Commission may regulate its own procedure.


Validity of acts and proceedings 7. No act done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the establishment of the Commission; or (b) there is any omission, defect or ketidakteraturan that notwithstanding the merits of the case.


Members should devote time to the business of the Commission 8. Members of the Commission should devote time to the Affairs of the Commission as may be necessary to meet their obligations effectively.









39 the laws of MALAYSIA Act 714 LAND PUBLIC TRANSPORT COMMISSION ACT 2010 LIST AMENDMENT of laws that amend the short title effect from-No-40 laws of MALAYSIA Act 714 LAND PUBLIC TRANSPORT COMMISSION ACT 2010 LIST SECTION AMENDED Section Power amend with effect from-no-

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