National Water Services Commission Act 2006

Original Language Title: Suruhanjaya Perkhidmatan Air Negara Act 2006

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National Water Services Commission BM 1 laws of MALAYSIA Act REPRINTING 654 NATIONAL WATER SERVICES COMMISSION ACT 2006 Contains all amendments to 1 August 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 law Malaysia2 ACT 654 NATIONAL WATER SERVICES COMMISSION ACT 2006 the date of Royal Assent.................. July 10, 2006, the date of publication in the Gazette............ July 20, 2006 national water services Commission 3 laws of MALAYSIA Act 654 NATIONAL WATER SERVICES COMMISSION ACT 2006 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. Temporary exercise of functions of the Chairman 7. Statutory declaration by members of the Commission 8. The approval to hold other posts 9. The term of Office 10. Remuneration and allowances 11. Revocation of appointment and the resignation of 12. Vacation of Office 13. The Committee 14. Disclosure of interest law Malaysia4 ACT 654 PART III FUNCTIONS and POWERS of the COMMISSION section 15. The Functions Of The Commission 16. The Power Of The Commission 17. Delegation of functions or powers of the Commission 18. Directions by Minister 19. Statements, reports, accounts and information PART IV PROVISIONS RELATING to EMPLOYEES of 20. Chief Executive Officer 21. Temporary exercise of functions of Chief Executive Officer 22. Appointment of employees 23. 24 terms of service. Loans, scholarships and cash advance 25. The payment of retirement benefits, etc.
26. The Commission may adopt regulations, etc.
Part V Finance 27. The Funds Of The National Water Services Commission 28. Expenses shall be charged on the Fund 29. Preservation Of The Fund 30. Expenditure and preparation of estimates 31. 32 bank accounts. Power to borrow 33. 34 investments. A contractual limit to 35. 36. financial procedure Financial year 37. Account and report of the national water services Commission 5 PART VI GENERAL Section 38. Prosecution 39. 40 public servants. Public authorities Protection Act 1948 41. 42. The obligation of confidentiality Representation in civil proceedings 43. Power to employ 44. Things done in anticipation of this Act made TABLE law Malaysia6 ACT 654 national water services Commission 7 an act to provide for the establishment of the national water services Commission with authority to oversee and regulate the water supply services and sewerage services and to enforce laws for water supply services and sewerage and related matters.
[] 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 national water services Commission Act 2006.
(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 and the federal territories of Putrajaya and Labuan.
Interpretation 2. In this Act, unless the context otherwise requires — "Committee" means a Committee established by the Commission under section 13;
Laws of MALAYSIA Act 654 * NATIONAL WATER SERVICES COMMISSION ACT 2006 * NOTE — this Act is not yet in force.
Law Malaysia8 ACT 654 "Fund" means the Fund national water services Commission established under section 27;
"employee" means a person employed by the Commission services;
"Chairman" means the Chairman of the Commission appointed under paragraph 5 (1) (a);
"water supply services" means water treatment derived from the watercourse and the distribution and supply of water treated to users and includes the operation and maintenance of the water supply system;
"the sewerage services" means the collection, carriage, treatment and disposal of sewage or sewage sludge, and includes the operation and maintenance of the sewerage system and septic tank effluents penyahenap;
"Commission" means the national water services Commission established under section 3;
"the law of water supply services and sewerage" means this Act and water services industry Act 2006 [Act 655], and includes any subsidiary legislation made under the law.
PART II The COMMISSION Establishment Of Commission 3. (1) a body corporate by the name "national water services Commission" established a perpetual succession and a common seal.
(2) the Commission 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 — (i) acquire, buy and take the assets and interests; and national water services Commission 9 (ii) hold, enjoy, memindahhakkan, assign, surrender, refund, charge, mortgage, mendemiskan, assign it, transferred, or in any other way dispose of or make any business about, property and interests vested in the Commission.
Seal 4. (1) the common seal of the Commission shall have a sign approved by the Commission and such seal may from time to time be broken, changed, altered and made anew as it deems fit by the Commission.
(2) until a seal is provided by the Commission, a stamp bearing the words "national water services 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 either by the Chairman or by any other person authorized by the Chairman in writing.
(4) all deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed.
(5) any deeds, documents and other instruments 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 an employee authorized by the Commission for that purpose.
(6) the common seal of the Commission shall be officially and judicially noticed.
Membership Of The Commission 5. (1) the Commission shall consist of the following members who shall be appointed by the Minister: (a) the Chairman;
Law Malaysia10 ACT 654 (b) Chief Executive Officer; and (c) not less than eight but not more than ten other people, who, in the opinion of the Minister, have experience and showed ability and professionalism in matters relating to finance, engineering, business administration, or otherwise suitable for appointment because of their knowledge and experience special.
(2) the provisions of the Schedule shall apply to members of the Commission.
(3) the Minister may amend the provisions of the Schedule by order published in the Gazette.
Temporary exercise of functions of the Chairman 6. 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.
Statutory declaration by members of the Commission 7. (1) No person shall be appointed as a member of the Commission unless prior to such appointment such person makes a statutory declaration as to whether he has any interest, financial or otherwise, in any effort involving water supply services or sewerage services.
(2) where a member of the Commission acquire any interest, financial or otherwise, in any effort involving water supply services or sewerage service he shall, within one month after the acquisition, give notice in writing to the Minister stating the interest that has been acquired, and the Minister may, after considering the matter, if he thinks fit, declare that the Member has vacated his post.
National Water Services Commission 11 Approval to hold other posts 8. The Chairman 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 9. (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 period of two years.
(2) a member of the Commission shall be eligible for re-election but no Member may hold office for more than five periods.
(3) this section shall not apply to the Chief Executive Officer.
Remuneration and allowances 10. (1) the Chairman shall be paid such remuneration and allowances as determined by the Minister after consultation with the Minister of finance.

(2) all other members of the Commission shall be paid such allowance at the rates determined by the Minister after consultation with the Minister of finance.
Revocation of appointment and the resignation of the 11. (1) the Minister may at any time revoke the appointment of any member of the Commission, other than the Chief Executive Officer without assigning any reason for the revocation.
(2) a member of the Commission, other than the Chief Executive Officer, may at any time resign his Office by giving notice in writing to the Minister.
Vacation of Office 12. The Office of a member of the Commission, other than the Chief Executive Officer shall be vacated: (a) if he dies;
Law Malaysia12 ACT 654 (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 related to its 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 permission in writing from the Chairman;
(h) if his appointment is revoked by the Minister; or (i) if his resignation is accepted by the Minister.
The Committee 13. (1) the Commission may establish such committees as it considers necessary or expedient to assist 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 for a period specified in the letter of appointment and shall be eligible for re-election.
National Water Services Commission 13 (5) the Commission may revoke the appointment of any member of the Committee without assigning any reason for the revocation.
(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 is 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 such time and place as may be determined by the Chairman of the Committee.
(11) 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 shall be submitted to the Commission as soon as workable.
(12) a Committee may invite any person to attend a meeting for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
(13) the members of a Committee and any person invited under subsection (12) shall be paid such allowances and other expenses as determined by the Commission after consultation with the Minister.
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 by himself, 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.
Law Malaysia14 ACT 654 (2) a disclosure under subsection (1) shall be recorded in the minutes of meetings of the Commission or Committee, as 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 both of each.
(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 respect of 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);
(d) other siblings (including brothers husband spouse); and (e) a husband or his wife or his sister; and "allies", in respect of 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;
National Water Services Commission 15 (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 imposed upon it under the law of water supply services and sewerage and shall also have the following functions: (a) advise the Minister on all matters relating to the objectives of the national policy for the law for water supply services and sewerage and carry out and develop the national policy objectives;
(b) implement and enforce laws for water supply services and sewerage and consider and recommend reforms to the laws for water supply services and sewerage;
(c) ensure productivity industry water supply services and sewerage services and monitor operators to comply with the prescribed standards of service, contractual obligations and the law and related guidelines;
(d) adding concerted efforts to increase operational efficiency of the industry and in particular the reduction of non-revenue water through short term, medium term and long term;
Law Malaysia16 ACT 654 (e) advise the Minister about a fair and efficient mechanism for determining tariffs that are fair to both consumers and licensees and to implement tariffs as determined through appropriate tools and mechanisms;
(f) to ensure that national development goals with respect to coverage, supply and access to water supply services and sewerage services achieved;
(g) ensuring the preservation of the quality of water and sewerage services in the long term through the development of ongoing working capital;
(h) formulating and implementing plans that all reasonable requests for sewerage services are met and through consultations with the relevant authorities, providing a sewerage catchment area plan which sums up the general policies and proposals in respect of the development of any new sewerage system and measures to repair any existing sewerage system;
(i) the exercise of any functions conferred upon it under any other written law; and (j) to advise the Minister generally on matters relating to water supply services and sewerage services.
The Power Of The Commission 16. (1) the Commission shall have power to do all things necessary or expedient for or in connection with the implementation of its functions under the law of water supply services and sewerage.
(2) without prejudice to the generality of subsection (1), the authority of the Commission shall include power — (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;
National Water Services Commission 17 (b) to impose fees or charges for services rendered by the Commission;
(c) to appoint any of its agents, experts or consultants as it deems fit to assist the Commission in the implementation 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 human resource development programmes and funding and cooperation for the implementation of the Commission's functions with fit and effective;

(f) to cooperate with any corporate body or Government Agency for the purposes of performing the functions of the Commission; and (g) to do anything incidental to any of the functions and powers.
Delegation of functions or powers of the Commission 17. (1) the Commission may, in writing, delegate any of its functions and powers imposed or conferred upon him by law for water supply services and sewerage, except the power to make subsidiary legislation, to — (a) the Chairman;
(b) one member of the Commission; or (c) a Committee.
(2) any person delegated with functions and such power is 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.
Law Malaysia18 ACT 654 Instructions by Minister 18. (1) the Commission is responsible to the Minister.
(2) the Minister may give directions of a general Commission 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 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 Commission's policies and practices and any other matter as specified by the Minister from time to time.
PART IV PROVISIONS RELATING To EMPLOYEES Of The Chief Executive Officer Of 20. (1) the Minister shall appoint a Chief Executive Officer upon such terms and conditions as he may deem fit.
(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 other officers of the Commission.
National Water Services Commission 19 (5) the Chief Executive Officer 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 Officer shall act under the authority of and in accordance with the General instructions of the Commission.
Temporary exercise of functions of Chief Executive Officer 21. The Minister may appoint temporarily any officer of the Commission to act as Chief Executive Officer during the 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.
Appointment of employees 22. The Commission may from time to time appoint and employ such number of employees it deems fit and necessary by the Commission and upon such terms as it deems appropriate to carry out the purposes of the law of water supply services and sewerage.
Conditions of service of 23. The Commission may, with the approval of the Minister, determine the conditions of service of employees.
Loans, scholarships and cash advance 24. 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.
The payment of retirement benefits, etc.
25. The Commission may make arrangements for payments to its employees and their dependants of any such retirement benefits, gratuities and other allowances as determined by the Commission.
Law Malaysia20 ACT 654 the Commission may adopt regulations, etc.
26. The Commission may, with the approval of the Minister, adopt any modifications it deems fit any regulations, rules, policies, circulars and instructions made or issued by the Federal Government in connection with any matter under this part.
Part V FINANCIAL Fund National Water Services Commission 27. (1) a fund known as the "Fund national water services Commission" established and shall be administered and controlled by the Commission.
(2) the Fund shall consist of — (a) any money appropriated by Parliament for the purposes of the law of water supply services and sewerage from time to time;
(b) all or any part of the license fee or other fees, administrative charges, levies or other charges imposed by or payable to the Commission under the law for water supply services and sewerage;
(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 monies earned from consulting services and advice and any other services provided by the Commission;
(f) all money and other property in any way become payable to or vested in the Commission in respect of any matter incidental to the functions and powers;
National Water Services Commission 21 (g) moneys borrowed by the Commission under section 32; and (h) all other moneys lawfully received by the Commission.
(3) Notwithstanding paragraph 27 (2) (b), money referred to in that paragraph in excess of the requirements of the financial Commission for performance of its functions can be paid into the Federal Consolidated Fund.
(4) Notwithstanding subsection (2), any money donated to the Fund Industry water and Sewerage Capital Contribution Fund under the water services industry Act 2006 did not become part of the Fund.
Expenses shall be charged on the Fund 28. 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, members and staff of the Commission, including the granting of loans and downpayment, retirement allowance, retirement benefits and rewards;
(c) pay any expenses, costs or other expenses in connection with the procurement of goods and services, including recruitment consultant, 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 for water supply services and sewerage;
(d) buy or rent equipment, machinery and any other materials, acquire land and any assets, and construct buildings and carry out any work and other efforts in the performance of its functions and exercise of its powers under the law for water supply services and sewerage;
(e) to repay money borrowed under section 32 and interest payable on money borrowed it;
Law Malaysia22 ACT 654 (f) to grant loans, scholarships and money advances to employees under section 24; and (g) generally, to pay such expenses for implementing legal provisions for water supply services and sewerage.
Conservation Fund 29. 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.
Expenses and the preparation of the estimate of 30. (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.
(2) before 1 September each year, the Commission shall submit an estimate of the expenses (including expenses for research and development) for the following year to the Minister, in such form and contain 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 (2).
(4) the Commission may at any time submit an estimate of additional expenses for any one year to the Minister and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimates.
National Water Services Commission 23 31 bank accounts. The Commission shall open and maintain an account or accounts with the bank or banks in Malaysia as it deems fit by the Commission, after consultation with the Minister; and every such account shall be operated as far as practicable through cheque signed by any person authorized by the Commission for that purpose from time to time.
Power to borrow

32. 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.
33 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 approved by the Minister with the consent of the Minister of finance.
Contractual limits for 34. 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 is required to pay or receive an amount exceeding ten million dollars.
35. financial procedure Subject to this Act and the approval of the Minister, the Commission shall determine its own financial arrangements.
Financial year 36. Financial year the Commission shall begin on 1 January and ends on 31 December of each year.
Law Malaysia24 ACT 654 account and report 37. (1) the Commission shall cause to be proper account for and report their activities that should have been kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year — (a) a statement of accounts of the Commission shall include a balance sheet and income and expenditure accounts; and (b) a statement of its activities.
(2) the Commission shall as soon as may send a copy of the statement of account certified by the Auditors and a copy of the Auditors ' report to the Minister who shall cause to the statement and the report laid before both houses of Parliament.
(3) of the statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Commission.
PART VI GENERAL Prosecution 38. No prosecution shall be instituted for any offence under this Act without the consent in writing of the Prosecutor.
Public servants 39. The Chairman, the members of the Commission and any Committee, and employees and agents of the Commission, while on their duties 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 40. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or another Member of the Commission, a member of the Committee, and an employee of the national water services Commission 25 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.
41. The obligation of confidentiality (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 in or after the term of Office or occupation , may disclose any information it considers while performing his duties; and (b) no one else has any other way 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 both.
Representation in civil proceedings 42. Notwithstanding any other written law — (a) in any civil proceedings by or against the Commission; or (b) 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 be heard, any person authorized by the Commission for that purpose may, on behalf of the Commission, 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.
Malaysia26 law 654 ACT authority to employ 43. 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 its functions or to carry out the purposes of this act better.
Things done in anticipation of this Act made 44. All things done by any person or authority on behalf of the Commission in preparation and the necessary towards the implementation of this Act, and any expenses incurred in connection therewith, in anticipation of the making of this Act shall be deemed to have been allowed by the 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.
TABLE [section 5] 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 the place and at the time determined by the Chairman, 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 four members of the Commission.
Quorum of 2. The Chairman and four 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 the votes normally.
National Water Services Commission 27 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.
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 informed of the proposed resolution, or reasonable endeavours have been made to inform all members of the Commission on the proposed resolution; and (b) without a meeting, all members of the Commission indicate agreement on the resolution in the manner determined by the Commission under subparagraph (2).
(2) subparagraph (1) applies only if the Commission — (a) decided that the subparagraph is applicable; and (b) to decide on the way to it members of the Commission can indicate agreement on the resolution.
Minute 6. (1) the Commission shall cause to be: all of its meetings to be maintained and stored in a proper form.
(2) minutes made of meetings of the Commission, if duly signed, shall be admissible in any legal proceedings 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.
Setting 7. The Commission may regulate its own procedure.
Law Malaysia28 ACT 654 Validity acts and proceedings 8. 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 9. Members of the Commission should devote time to the Affairs of the Commission as may be necessary to meet their obligations effectively.
National Water Services Commission 29 laws of MALAYSIA Act 654 NATIONAL WATER SERVICES COMMISSION ACT 2006 LIST AMENDMENT law short title effect amend from – no – law Malaysia30 ACT 654 laws of MALAYSIA Act 654 NATIONAL WATER SERVICES COMMISSION ACT 2006 AMENDED SECTION LIST Section Power amend with effect from – THERE are –