Laws of Malaysia Act 589 Reprint communications and MUltiMedia Commission Act 1998 Malaysia Contains all amendments to 1 January 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 In collaboration with PerCetakan naSional malaySia bhD 2006 laws of Malaysia Act 589 Act sUrUhanjaya koMUnikasi dan MUltiMedia Malaysia 1998 Royal Assent date............ 3 September 1998, the date of publication in the Gazette of ... ... more 15 October 1998 Reprint before Reprinting the first............ 2002 Suruhanjaya Komunikasi dan Multimedia Malaysia 3 laws of Malaysia Act 589 Act sUrUhanjaya koMUnikasi dan MUltiMedia Malaysia 1998 arrangement of sections part i preliminary section 1. short title. Commencement 3. interpretation of part ii of the Commission 4. The establishment of the Commission 5. seal 6. membership of the Commission 7. table 8. statutory declaration by members of the Commission 9. the approval to hold other posts 10. the term of Office 11. Remuneration and allowances 1. Revocation of appointment and the resignation of the 13. Vacation of Office 14. Temporary exercise of functions of the Chairman 15. Committee 4 laws of Malaysia Act 589 part iii the powers and functions of the Commission Section 16. the powers and functions of the Commission 17. Delegation authority 18. directions by Minister 19. Statements, reports, accounts and information part iv Employees Commission 0. The Chairman shall be the Chief Executive 1. Temporary exercise of the functions of the Chief Executive. Appointment of employees 3. Terms of service 4. Loans and cash advance 5. The payment of retirement benefits, etc.
6. discipline 7. the Disciplinary Committee 8. Disciplinary regulations 9. disciplinary appeal board 30. Termination of service in the public interest 31. The imposition of a surcharge 3. show-cause notice before disurcaj 33. the amount of the surcharge imposed on 34. 35. the surcharge notification The withdrawal of a 36. get a surcharge 37. The Commission may adopt regulations, etc.
Suruhanjaya Komunikasi dan Multimedia Malaysia 5 part V Finance Section 38. the funds of 39. Expenses shall be charged on the Fund 40. Conservation Fund 41. Expenditure and preparation of the estimated 4. 43 bank accounts. power to borrow 44. Investments 45. Restrictions on contracts 46. financial year 47. accounts 48. disapplication of statutory bodies (accounts and annual reports) 1980 part Vi General 49. Appointment and powers of investigator 50. Public servants 51. public authorities Protection Act 1948 5. obligation of secrecy 53. Representation in civil proceedings 54. power to employ 55. Things done in anticipation of this Act made table 6 laws of Malaysia Act 589 Suruhanjaya Komunikasi dan Multimedia Malaysia 7 laws of Malaysia Act 589 Act sUrUhanjaya koMUnikasi dan MUltiMedia Malaysia 1998 an act to provide for the establishment of the communications and multimedia Commission which has the authority to monitor and regulate the activities of the communications and multimedia in malaysia, and enforce legal communications and multimedia , and for related matters.
[1 November 1998, P.U. (B) 451/1998]
Be it enacted by the Seri Paduka baginda yang di-Pertuan agong with the advice and consent of the Dewan negara and Dewan rakyat in Parliament assembled, and by the authority of the same, as follows: part i preliminary short title 1. This Act may be cited as the Act Suruhanjaya komunikasi dan multimedia malaysia 1998.
Commencement 2. This Act come into force on such date as the Minister may, by notification in the Gazette.
interpretation 3. In this Act, unless the context otherwise requires — "members" means the Chairman and other members of the Commission appointed under section 6;
8 laws of Malaysia Act 589 "Committee" means the Committee appointed under section 15;
"Fund" means the Fund established under section 38;
"Minister" means the Minister charged with the responsibility for communications and multimedia;
"employee" includes an officer investigator appointed under section 49;
"Chairman" means the Chairman of the Commission appointed under paragraph 6 (a);
"Commission" means the Suruhanjaya komunikasi dan multimedia malaysia established under section 4;
"the law of communications and multimedia" means this Act and the communications and multimedia Act 1998 [Act 588], and includes any subsidiary legislation made under the law, and any other written law under which the Commission is required to carry out any functions.
Part ii the Commission establishment of Commission 4. (1) there is hereby established a body corporate by the name of "Suruhanjaya komunikasi dan multimedia malaysia".
() The Commission shall have perpetual succession.
(3) the Commission may sue and prosecuted in the name of him.
Suruhanjaya Komunikasi dan Multimedia Malaysia 9 (4) subject to and for the purposes of this Act, and upon such terms as he thinks fit, the Commission may — (a) enter into contracts; and (b) in respect of any type of movable and immovable property and the importance of movable and immovable property — (i) acquire, buy and take the assets and interests; and (ii) m e m e g a n g, m e n i k m a t i, m e m i n d a h k a n, assign, surrender, refund, charge, mortgage, mendemiskan, assign the, transfer, or in any other way dispose of or make any arrangement about the interests, property and vested in the Commission.
Seal 5. (1) the Commission shall have a common seal bearing a sign approved by the Commission.
() the common seal may, from time to time, be broken, changed, altered and made anew as it deems fit by the Commission.
(3) until a seal is provided by the Commission, a stamp bearing the words "Suruhanjaya komunikasi dan multimedia malaysia" may be used and shall be deemed to be the common seal of the Commission.
(4) the common seal shall be kept in the custody of the Chairman or a member of staff duly authorized.
(5) the seal of the Corporation shall be authenticated by the Chairman or a member of staff duly authorized.
(6) all deeds, documents and other instruments purporting to be sealed with the seal of the Corporation and 10 laws of Malaysia Act 589 confirmed as is mentioned in subsection (5) shall be deemed to have been validly executed until the contrary is proved.
(7) any deed, document or instrument which, if executed by a person not being a body corporate, is not required in order to be sealed, can be executed in the manner similar by a member of the Commission or employee duly authorized on behalf of the Commission.
(8) the common seal of the Commission shall be officially and judicially noticed.
membership of the Commission 6. The Commission shall consist of the following members who shall be appointed by the Minister: (a) a Chairman;
(b) three members representing the Government; and (c) not less than two but not more than five other members.
table 7. (1) the provisions of the Schedule shall apply to members of the Commission.
() the Minister may amend the provisions of the schedule by order published in the Gazette.
statutory declaration by members of the Commission 8. (1) No person shall be appointed as a member of the Commission unless before her appointment to the person making a statutory declaration as to whether he has any interest, financial or otherwise, in any undertaking involving the activities of the communications and multimedia.
() If a member of the Commission acquire any interest, financial or otherwise, in any Suruhanjaya Komunikasi dan Multimedia Malaysia 11 undertaking that involves communication and multimedia he shall, within one month after the acquisition, give notice in writing to the Minister stating the importance given that, and the Minister may, after considering the matter, if he thinks fit, declare that the person had been emptying his post.
the approval to hold other posts 9. The Chairman may not, while in Office that, hold any Office or employment, whether paid remuneration or not, without the approval of the Minister in writing.
the term of Office 10. (1) members of the Commission shall be appointed for each period of two years.
() a member of the Commission shall be eligible for reappointment but no Member may hold office for more than five periods.
remuneration and allowances 11. (1) the Chairman shall be paid such remuneration and allowances as determined by the Minister after consultation with the Minister of finance.
() All the other members of the Commission shall be paid such allowances at such rates as the Minister after consultation with the Minister of finance.
Revocation of appointment and the resignation of 12. (1) the Minister may at any time revoke the appointment of any member of the Commission without assigning any reason therefor.
() A member of the Commission may, at any time, resign his Office by giving notice in writing to the Minister.
1 laws of Malaysia Act 589 vacation of Office 13. the Office of a member of the Commission shall be vacated: (a) if he dies;
(b) if there has been proved against him, or if he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (whether imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;
(c) if his actions, whether in connection with his duties as a member of the Commission or otherwise, is a behaviour detrimental to the name of the Commission;
(d) if he becomes bankrupt;
(e) if he is of unsound mind or otherwise unable to perform its duties;
(f) in the case of the Chairman, if he fails to attend meetings of the Commission without the consent of the Minister;
(g) 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 the permission of the Chairman in writing;
(h) if his appointment is revoked by the Minister; or (i) if his resignation is accepted by the Minister.
Temporary exercise of functions of the Chairman 14. the Minister may appoint any member to act as Chairman — (a) during any period of vacancy the Chairman;
Suruhanjaya Komunikasi dan Multimedia Malaysia 13 (b) during any period of absence of the Chairman on duty or not available in malaysia; and (c) during any period the Chairman, for any other reason, is unable to perform the duties of his Office.
the Committee 15. (1) the Commission may establish such committees as it considers necessary or expedient to assist it in discharging its functions under the law of the communications and multimedia.
() The Commission may appoint any of its members to be the Chairman of a Committee.
(3) the Commission may appoint any person to the Committee.
(4) a member of the Committee shall hold office 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 the Committee without assigning any reason therefor.
(6) a member of the Committee may, at any time, resign by giving notice in writing to the Chairman of the Committee.
(7) the Commission may, at any time, discontinue or modify the membership of a Committee.
(8) a Committee may regulate its own procedure.
(9) a Committee shall be subject to and shall act in accordance with any instructions given to him by the Commission.
(10) meetings of a Committee shall be held at any time and at any place determined by the Chairman of the Committee.
14 laws of Malaysia Act 589 (11) a Committee shall cause — (a) 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 reasonably practicable.
(1) a Committee may invite any person to attend a meeting for the purpose of advising it on any matter under dibincangkannya but such person shall not be entitled to vote at the meeting.
(13) members of the Committee and any person invited under subsection (1) shall be paid such allowances and other expenses as determined by the Commission after consultation with the Minister.
Part iii the powers and functions of the Commission the powers and functions of the Commission 16. (1) the Commission shall have all the functions charged to it under the law of the communications and multimedia and, without prejudice to the generality mentioned earlier, the Commission shall also have the following functions: (a) advise the Minister on matters relating to the objectives of the national policy for the activities of the communications and multimedia;
(b) implement and enforce the provisions of the law the communications and multimedia;
(c) to regulate all matters relating to the activities of the communications and multimedia which is not provided for in the law of communications and multimedia;
(d) to consider and recommend reforming the laws of communications and multimedia;
Suruhanjaya Komunikasi dan Multimedia Malaysia 15 (e) oversee and monitor the activities of the communications and multimedia;
(f) encourage and promote the development of the communications and multimedia industry, including in the field of research and training;
(g) encourage and promote self regulation in the communications and multimedia industry;
(h) to foster and maintain the integrity of all persons licensed or otherwise authorized under the laws of the communications and multimedia;
(i) provide assistance in any form to, and to promote cooperation and coordination among, the people involved in the activities of the communications and multimedia; and (j) carrying out any function under any written law as may be prescribed by the Minister by notification published in the Gazette.
() The Commission shall have all the powers necessary for, or associated with, or reasonably incidental to, the implementation of its functions under the law of the communications and multimedia.
Delegation of powers 17. (1) the Commission may, in writing, delegate any of its powers and functions charged or given to him by law the communications and multimedia, except the power to make subsidiary legislation, to — (a) the Chairman;
(b) one member of the Commission;
(c) a Committee; and (d) the Chief Executive of the Commission.
() any person delegated with functions or powers shall be bound to meet and comply with all conditions and restrictions imposed by the Commission and all requirements, procedures and matters specified by the Commission.
16 laws of Malaysia Act 589 (3) any other 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 shall not prevent the Commission from performing or conducting himself any function or power delegated to that at any time.
directions by Minister 18. (1) the Commission shall be responsible to the Minister.
() the Minister may give to the Commission directions of general nature in accordance with the provisions of this Act relating to the implementation of the functions and powers of the Commission and the Commission shall give effect to such directions.
Statements, reports, accounts and information 19. (1) the Commission shall give to the Minister, and any public authority as determined by the Minister, any statement, report, account and information on its financial condition and activities as required or directed by the Minister, from time to time.
() Statements, reports, accounts and information shall be in such form and shall contain any information relating to the proceedings and policy of the Commission and any other matters as the Minister may, from time to time.
Part iv of the Employees of the Commission Chairman shall be the Chief Executive of 20. (1) without prejudice to the other provisions of this Act, the Chairman shall also be the Chief Executive of the Commission.
Suruhanjaya Komunikasi dan Multimedia Malaysia 17 () the Commission shall vest in the Chief Executive any power and impose on it any duties as may be determined by the Commission.
(3) the Chief Executive is responsible for the administration of the Commission in General and management functions and the day to day affairs of the Commission.
(4) the Chief Executive shall have general control over the employees of the Commission.
(5) the Chief Executive shall perform such additional duties as directed by the Minister and the Commission from time to time.
(6) in fulfilling its duties, the Chief Executive shall act under the authority of and in accordance with the General instructions of the Commission.
Temporary exercise of the functions of the Chief Executive of 21. the Minister may appoint any officer of the Commission to act as Chief Executive of — (a) during any period of vacancy the Chairman;
(b) during any period of absence of the Chairman on duty or not available in malaysia; and (c) during any period the Chairman, for any other reason, is unable to perform the duties as Chief Executive.
Appointment of employees 22. The Commission may appoint such number of employees as it thinks fit and necessary, and on such terms as in its opinion are suitable for carrying out the purposes of legal communications and multimedia.
conditions of service of 23. The Commission may, with the approval of the Minister, make regulations regarding the conditions of service of employees.
18 laws of Malaysia Act 589 loans and cash advance 24. The Commission may provide loans and money advances to employees for any purpose and upon such terms as may be determined by the Commission.
The payment of retirement benefits, etc.
25. The Commission may make arrangements for payments to its employees and their dependants of any such gratuity, pension benefits and other allowances as determined by the Commission.
discipline of 26. The Commission shall have disciplinary authority over all employees and shall exercise disciplinary control in respect of all of such person.
the Disciplinary Committee 27. (1) the Commission may establish different Disciplinary Committee for different categories of employees.
() the following shall apply to a Disciplinary Committee:
(a) a Disciplinary Committee shall consist of such number of members of the Commission other than the Chairman or the Commission's employees or any combination of members and the worker; and (b) an employee who becomes a member of a Disciplinary Committee shall not be lower than an employee's meteoric thereon of the Disciplinary Committee have the power to discipline dianggotainya.
(3) a Disciplinary Committee shall exercise its powers in all matters relating to discipline employees who are placed under its jurisdiction.
(4) in the exercise of its functions and powers, a Disciplinary Committee shall have the authority to take disciplinary action and impose any punishment Suruhanjaya Komunikasi dan Multimedia Malaysia 19 discipline or any combination of two or more disciplinary punishment as provided under any disciplinary rules made under section 8.
Disciplinary regulations 28. (1) the Commission may, with the approval of the Minister, make regulations to provide for the discipline of employees.
() The Disciplinary Rules made under this section — (a) may establish a disciplinary offence;
(b) may provide for disciplinary punishment the Commission considers appropriate and the sentence may include — (i) a warning;
(ii) a fine;
(iii) forfeiture emoluments;
(iv) delay salary movement;
(v) reduction of salary;
(vi) demotion; and (vii) dispose of work;
(c) must provide the opportunity, to the employee against whom the disciplinary proceedings taken to make representations against the disciplinary charge made against him before the decision was reached by the Disciplinary Committee, except in the case of the following: (i) where an employee is dismissed or lowered rank on the ground of improper conduct in respect of which a criminal charge has been proved against him;
0 the laws of Malaysia Act 589 (ii) if the Commission, on the recommendation of the Minister charged with domestic affairs, is satisfied that in the interest of the security of malaysia or any part thereof is not expedient to carry out the requirements of this paragraph; or (iii) if there has been — (A) made against an employee any detention order, supervision, residential limited, banishment or expulsion; or (B) is imposed on an employee any form of restriction or supervision by bond or otherwise, under any law relating to the security of malaysia or any part thereof, crime prevention, preventive detention, residential limited, banishment, immigration, or the protection of women and girls;
(d) may provide for the retention of work reduction emoluments of an employee while waiting for the completion of criminal proceedings or disciplinary proceedings against him for the purpose of clear work or demotion;
(e) may provide for suspension without emoluments of an employee — (i) if the worker has been convicted by a criminal court; or (ii) where an order of detention or restriction imposed on the worker; and (f) may provide for the procedure for the hearing of the appeal by the disciplinary Appeal Board established under section 9.
Suruhanjaya Komunikasi dan Multimedia Malaysia 1 disciplinary Appeal Board 29. (1) a Disciplinary Committee's decision can be appealed to the Board of disciplinary appeals shall consist of the following members: (a) the Chairman of the Commission, who shall be the Chairman of the disciplinary board of appeal and has a casting vote; and (b) two other members of the Commission, which is not a member of the Disciplinary Committee whose decision is the matter of the appeal, which shall be appointed by the Chairman of the disciplinary board of appeal with the approval of the Commission for the purposes of the appeal.
() when the disciplinary Appeal Board considers an appeal, members of the Disciplinary Committee appealed against may not be present on or in any way participate in any proceeding relating to the appeal.
(3) the disciplinary board of appeal may confirm, reverse or vary the decision of the Disciplinary Committee.
Termination of service in the public interest 30. (1) where the Commission found or if the representations made to the Commission that it is desirable the service of an employee is terminated in the public interest, then the Commission may request from officials that employee a full report containing details relating to work and the employee's conduct.
() If, after considering a report received under subsection (1), the Commission is satisfied that having regard to the terms of service, the utility of that employee, work and conduct the worker and all other circumstances of the case, it is desirable in the public interest to do so, the Commission may terminate the service of that employee from the date of which shall be determined by the Commission.
(3) is valid in law for the relevant disciplinary committee to recommend to the Commission so that the laws of Malaysia Act 589 service of an employee is terminated in the public interest, even if disciplinary proceedings have not been conducted under this Act, and the Commission may thus terminate the service of that employee.
(4) Notwithstanding anything in this Act and any other laws to the contrary, in the end the service of an employee in the public interest under this section, the employee may not be given the opportunity to be heard and an employee who has terminated his service in the public interest under this section shall not be deemed to have been dismissed, regardless of whether termination of service the worker involves an element of sanction or related conduct in relation to his Office which is considered by the Commission unsatisfactory or should be blamed.
The imposition of a surcharge 31. (1) a person who is or was formerly employed with the Commission can be disurcaj if it appears on the Commission that that person — (a) not collect any money owing to the Commission that the collection of the money became its responsibility;
(b) is or ever be liable for any payment of money from the Commission which should not be made or for any payment of money not approved accordingly;
(c) is or ever was responsible, directly or indirectly, for any deficiency in, or for destruction, any money, goods or other property Commission savings;
(d) not make any payment, or was or ever be liable for any delay in the payment of money from Commission to any person to whom the payment is to be made under any law or under any contract, agreement or arrangement made between the person with the Commission; or Suruhanjaya Komunikasi dan Multimedia Malaysia 3 (e) as or while an accounting officer, did not keep proper records or accounts.
() In this section, "accounting officer" includes an employee charged with — (a) the obligation to collect, receive, or mengakaunkan, or who actually collect, receive or mengakaunkan, any money the Commission;
(b) the obligation to make payment, or actually make a payment, from any money the Commission; or;
(c) obligation to accept, store, dispose or mengakaunkan, any goods storage and property Commission, or who actually accept, hold, dispose of or mengakaunkan goods storage and such property.
show-cause notice before disurcaj 32. The Commission shall, before someone disurcaj, delivering to him a written notice requesting show cause why he should not be disurcaj.
the amount of the surcharge imposed on 33. If satisfactory explanation is not accepted within fourteen days from the date of the notice served on the person under section 3, the Commission may — (a) in the case of any act or omission referred to in paragraph 31 (1) (a), (b) and (c), mensurcaj against the person of money not to exceed the amount not collected, or any payments should not be made, or a value in the property or understated the value of the termusnah property; and (b) in the case of any act or omission referred to in paragraph 31 (1) (d) and (e), mensurcaj against the person such sum of money as it deems fit by the Commission.
4 laws of Malaysia Act 589 Notification surcharges 34. The Commission shall notify the person who disurcaj in respect of any surcharge imposed under section 33.
The withdrawal of a surcharge 35. Notwithstanding sections 33 and 34, the Commission may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it turns out otherwise that no surcharges should be imposed, and the Commission shall immediately inform the person of the disurcaj about the withdrawal.
Surcharges obtain 36. the amount of any surcharge imposed under section 33 and not withdrawn under section 35 shall be a debt due to the Commission from the person who disurcaj and may be prosecuted and be obtained in any court on the legal Commission and can also, if directed by the Commission, be obtained through deduction — (a) basic salary the person disurcaj; or (b) the pension of people who disurcaj,
with equal monthly instalments not exceeding one quarter of the total monthly salary or pension, as the case may be, that person.
the Commission may adopt regulations, etc.
37. In making any regulations under this section, the Commission may, with the approval of the Minister, adopt to make any modifications it deems fit any regulations, rules, policies, circulars and instructions made or issued by the Federal Government.
Suruhanjaya Komunikasi dan Multimedia Malaysia 5 part V finance fund 38. (1) there is hereby established a fund to be known as the "Fund Suruhanjaya komunikasi dan multimedia malaysia" which shall be administered and controlled by the Commission.
() the Fund shall consist of — (a) moneys transferred from telecommunications Fund established under the Telecommunications Act 1950 [Act 20], which was dissolved under the communications and multimedia Act 1998;
(b) moneys provided by Parliament, from time to time, for the purpose of legal communications and multimedia;
(c) all or any part of the license fee, administrative charges, levies or other charges imposed by or payable to the Commission under the communications and multimedia laws;
(d) all money which is the income be obtained from investments made by the Commission;
(e) all the money obtained from the sale, disposal, rental or penyewagunaan, or any other business regarding, any property, mortgages, charges or debentures vested in or acquired by the Commission;
(f) all monies be obtained from consultancy services and advice and any other services provided by the Commission;
(g) all money and other property that can in any way be payable to or vested in the Commission in respect of any matter incidental to the functions and powers;
(h) money borrowed by the Commission under section 43; and 6 laws of Malaysia Act 589 (i) all other moneys lawfully received by the Commission, including the flower.
(3) Notwithstanding paragraph 38 () (c), money referred to in paragraph is in excess of the financial requirements of the Commission to carry out its functions under this Act may be paid into the consolidated fund.
Expenses shall be charged on the Fund 39. (1) the Fund shall be expended for the purposes of the following: (a) paying any legal expenses incurred by the Commission;
(b) paying the remuneration, allowances and expenses of other members of the Commission, Committee members, employees of the Commission, including loans and downpayment, retirement allowance, retirement benefits, pension and gratuity;
(c) pay any fees, costs or expenses relating to the acquisition of goods or services, including but not limited to employment consultants, fees and legal costs and fees and other costs, incurred or is received properly by the Commission in the performance of its functions and exercise of its powers under the law of the communications and multimedia;
(d) buy or rent equipment, machinery and any other things, getting the land and any assets, and constructing buildings, and to carry out any works and make any other undertaking in the performance of its functions and exercise of its powers under the law of the communications and multimedia;
(e) to repay money borrowed under section 43 and interest payable thereon;
(f) to grant loans and money advances to employees under section 4; and (g) generally pay any expenses to implement the provisions of the law of communication and multimedia.
Suruhanjaya Komunikasi dan Multimedia Malaysia 7 () Notwithstanding subsection (1), the Fund may be expended for the purpose of — (a) carry out any project identified by the Minister in order to improve access to the network or application services or both by society; and (b) contribute to any accounts or funds established by the Government for a purpose, which in accordance with the goals and objectives set out in section 3 of the communications and multimedia Act 1998.
Conservation Fund 40. It shall be the duty of the Commission to maintain the Fund by executing its functions and exercise of its powers under this Act in such a way that with uncertain that the total revenues of the Commission is sufficient to pay all sums properly chargeable to revenue account, including depreciation and interest on capital, from year to year.
Expenses and the preparation of the estimate of 41. (1) the expenditure of the Commission in so far as the amount authorised by the Minister for any one year shall be paid out of the Fund.
() Before 1 September each year, the Commission shall submit to the Minister an estimate of expenses (including expenses for research and development) for the following year in such form and containing such particulars as may be directed by the Minister.
(3) the Minister shall, before 1 January of the next year, told the Commission the amount authorised for expenditure generally or the amount that is allowed for each type of expenditure based on estimates provided under subsection ().
8 laws of Malaysia Act 589 (4) the Commission may, at any time, submit to the Minister an estimate of additional expenses for any one year and the Minister may allow the whole or any part of the additional expenditure included in the estimated additional expenditure.
42 bank accounts. The Commission shall open and maintain an account or accounts with any bank or banks in malaysia as he thinks fit by the Commission, after consultation with the Minister; and every such account shall be operated as that can be by cheque signed by any person authorized by the Commission, from time to time.
power to borrow 43. The Commission may, from time to time, borrow in any form and at any rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise, as approved by the Minister with the consent of the Minister of finance, any money needed by the Commission to fulfill any of its obligations or performing any of its duties.
44 investment. money the Commission shall, to the extent not needed to spend immediately by the Commission under this Act, be invested in such manner as may be approved by the Minister with the consent of the Minister of finance.
restrictions on 45 contracts. The Commission may not, without the approval of the Minister and the consent of the Minister of finance, make any contract under which the Commission would be a pay or will receive an amount in excess of five million dollars.
financial year 46. financial year the Commission shall begin on 1 January and ends on 31 December of each year.
Suruhanjaya Komunikasi dan Multimedia Malaysia 9 account 47. (1) the Commission shall cause to be kept proper accounts for the Fund and shall, as soon as practicable after the end of each financial year, cause prepared for that financial year a statement of accounts of the Commission shall include a balance sheet and income and expenditure account.
() The Commission shall cause such statement of accounts audited by independent auditors appointed by the Commission.
(3) the Commission shall as soon as that can send a copy of the statement of accounts certified by the Auditors and a copy of the Auditors ' report to the Minister who shall cause the statement and the report laid before both houses of Parliament, together with the reports of the Commission's activities for which deals with the previous financial year.
disapplication of Statutory bodies (accounts and annual reports) 1980 48. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall not apply to the Commission.
Part Vi General Appointment and powers of investigator 49. (1) the Commission may appoint such number of the investigating officer may deem necessary to exercise the powers under the law of the communications and multimedia.
() An investigating officer shall have all the powers necessary to carry out the inspection, and investigation of any offence, under the law of the communications and multimedia.
Public servants 50. The Chairman, the members of the Commission and any Committee, and employees and agents of the Commission, while on duty 30 laws of Malaysia Act 589 them under this act as Chairman, Member, employee or agent of such, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
public authorities Protection Act 1948 51. public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or the Chairman, any member of the Commission, any member 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.
obligation of confidentiality
52. (1) except for any of the purposes 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 the Commission or any person attending any meeting of the Commission or any of its committees, either during the term of Office or during the period of his employment or after that , may disclose any information it considers while performing his duties; and (b) no other person through any means having access to any information or document relating to the Affairs of the Commission may disclose information or document.
() any person who contravenes subsection (1) commits an offence and may, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a period not exceeding one month or to both.
Representation in civil proceedings 53. Notwithstanding the provisions of any other written law — (a) in any civil proceedings by or against the Commission;
or Suruhanjaya Komunikasi dan Multimedia Malaysia 31 (b) in any civil proceedings any other Commission required or allowed by the Court to be represented, or to be heard, or otherwise have the right to be represented or be heard, any person authorized by the Commission for that purpose may, on behalf of the Commission, started the proceedings or be present for her and can make all presence and application and do all such acts in respect of the proceedings on behalf of the Commission.
power to employ 54. The Commission may employ and pay agents and technical advisers, including advocates and solicitors, bankers, consultants and others, to make any business or to do any act required to be made or done in the performance of its functions, the exercise of its powers or to carry out the purposes of this act better.
Things done in anticipation of this Act made 55. All things done by any person or authority on behalf of the Commission in preparation and the necessary towards the implementation of any provision of this Act, and any expenses incurred related to it, in anticipation of the making of this Act shall be deemed to have been authorized by this Act, and all rights acquired or obligations incurred on behalf of the Commission of any such should be done when this Act comes into force are deemed to be rights and obligations of the Commission.
3 laws of Malaysia Act 589 Table [section 7] time and place of the meeting 1. (1) the Commission shall hold as many meetings as are necessary to carry out its functions effectively and that meetings should be held at any place and at any time determined by the Chairman, provided that the Chairman may not allow more than two months elapse between meetings.
() 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 two other members of the Commission shall constitute a quorum at any meeting of the Commission.
Casting vote 3. If on any question to be determined by the Commission there is a number of votes equal, then the Chairman shall have a casting vote in addition to the votes normally.
the Commission may invite others to meetings 4. (1) the Commission may invite any person to attend any meetings or discussions of the Commission for the purpose of advising it on any matter that dibincangkannya, but people who were present, were not entitled to vote at the meeting or deliberation.
() A person invited under subparagraph (1) shall be paid such allowance as may be determined by the Commission.
a resolution without meeting 5. (1) a resolution is deemed to have been approved in a meeting of the Commission if — (a) all members of the Commission have been told about the proposed resolution, or reasonable endeavours have been made to notify all members of the Commission on the proposed resolution; and (b) without meeting, the majority of members of the Commission marked the agreement with the ruling in the manner determined by the Commission under subparagraph ().
Suruhanjaya Komunikasi dan Multimedia Malaysia 33 () subparagraph (1) applies only if the Commission — (a) decided that subparagraph (1) applies; and (b) to decide on the way through it Commission member can indicate agreement with resolution.
Minute 6. (1) the Commission shall cause minutes of all the meetings of the Commission maintained and stored in a proper form.
() the minutes made of meetings of the Commission, if duly signed, shall be received as prima facie evidence in all legal proceedings without further proof.
(3) every meeting of the Commission the minutes shall have been made in accordance with subparagraph (1) and () shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.
setting 7. The Commission may regulate its own procedure.
Disclosure of interest 8. (1) a member of the Commission, directly or indirectly, himself or by his partner, an interest in a matter under consideration by the Commission should be as quick as can be after facts relating to his knowledge, disclose to the Commission of the fact and the nature of the interest.
() A disclosure under subparagraph (1) shall be recorded in the minutes of the Commission and, after the disclosure, unless authorised by the Chairman of — (a) the Member cannot attend or take part in the discussion or decision of the Commission about the matter; or (b) a member shall not be counted for the purpose of forming a quorum of the Commission relating to the matter.
validity of acts and proceedings 9. 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;
(b) a contravention of paragraph 8 by any member of the Commission; or 34 laws of Malaysia Act 589 (c) there is any omission, defect or irregularity which does not affect the merits of the case.
members of the Commission should devote time to the business of the Commission 10. members of the Commission should devote time to the Affairs of the Commission as much as necessary to perform their duties effectively.
Suruhanjaya Komunikasi dan Multimedia Malaysia 35 laws of Malaysia Act 589 Act sUrUhanjaya koMUnikasi dan MUltiMedia Malaysia 1998 List Amendment law short title force of the Act amending the Act a1148 Suruhanjaya komunikasi dan 15-06-00 multimedia malaysia (Amendment) 00 a131 Act Act Commission communication and 01-08-005 multimedia malaysia (Amendment) 004 36 laws of Malaysia Act 589 laws of Malaysia Act 589 Act sUrUhanjaya koMUnikasi dan MUltiMedia Malaysia 1998 List Section amended Section power amend with effect from 6 Act a1148 15-06-00 Act a131 01-08-005 10 a131 Act 01-08-005 38 a1148 Act 15-06-00 39 a131 Act 01-08-005
