Highway Authority Malaysia (Incorporation) Act 1980

Original Language Title: Highway Authority Malaysia (Incorporation) Act 1980

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Highway Board Malaysia (incorporation) 1 laws of MALAYSIA Act REPRINTING Board Act Highway 231 MALAYSIA (incorporation) 1980 As on 1 may 2014 ISSUED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2014 Malaysia2 law 231 Act Highways Act of MALAYSIA (incorporation) 1980 date of Assent......... 9 June 1980 the date of publication in the Gazette of ... ... more June 12, 1980, last amended through Act A678 effect at............ 1 November 1987 Highway Board of Malaysia (incorporation) 3 laws of MALAYSIA Act 231 Highway Board Act of MALAYSIA (incorporation) 1980 ARRANGEMENT of SECTIONS part i preliminary section 1. Short title, commencement and application 2. Interpretation part ii the ESTABLISHMENT, duties and POWERS of BOARD 3. The establishment of the Board 4. Membership of the Board 5. Alternate member 6. Temporary exercise of functions of the Chairman 7. Quorum, voting and vacancy 8. Appointment of officers and civil servants 9. The duties of Director-General 10. Civil servants ' 11. Functions and powers of the Board part iii finance, REPORTS and SUPERVISION MINISTER 12. Fund Board of Malaysia Highway 13. Expenses charged to the Fund 14. The funds of the legal reserve Malaysia4 Act 231 15. The toll for vehicles using the Highway 16. Power to borrow 17. Power to invest 18. Financial year and annual estimates 19. Accounts and audit 20. Annual report part IV TRANSFER of TITLE HIGHWAY to the BOARD 21. Transfer the highway to the Board 21a. The withdrawal of the highway out of control and management of the Board part V INTAKE PROPERTY 22. General power to take land part VI MISCELLANEOUS 23. Power to employ 24 agents. The adoption of the road transport act 1987 25. Error 26. General penalty 27. Confidentiality of 28. Minister's power to issue instructions 29. Power of Minister to make regulations 30. Confirmation of acts done in anticipation of the Act 31. Indemnity for Board 32. Transfer of land title from the Board to the Federal Government Table Section Highway Board of Malaysia (incorporation) 5 laws of MALAYSIA Act 231 Highway Board Act of MALAYSIA (incorporation) 1980 an act to establish the Malaysian Highway Board to supervise and execute the design, construction, regulation, operation and maintenance of the highway between the city, to impose and collect a toll, to enter into contracts and to provide for matters connected therewith.
[24th October 1980, P.U. (B) 531/1980]
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, commencement and application 1. (1) this Act may be cited as the Malaysian Highway Board Act (incorporation) 1980.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
(3) this Act shall apply throughout Malaysia.
Malaysia6 law 231 Act interpretation 2. In this Act, unless the context otherwise requires — "vehicle" has the meaning assigned to it in * the road transport act 1987 [Act 333];
"Fund" means the Fund Board of Malaysia Highway established under section 12;
"highway" includes all lanes of traffic, speed, slow lane Lane, road shoulders, the middle line, the bridge, the top, the bottom, the road elevated road, approach, inbound and outbound rail, toll plaza, is adjacent, area spaces, furniture senggara highways, signage and other structures and fixtures and any other area adjacent thereto under the control and management of the Board;
"Board" means the Board of Highways established under section 3;
"Chairman" means the Chairman of the Board and includes any person carrying out the functions of the Chairman temporarily;
"user" means any person who drive or operate any vehicle on a highway;
"toll" includes any levy, payment or compensation paid to the Board for using highways or any part thereof by vehicle or other traffic.
Part II The ESTABLISHMENT, Duties And POWERS Of The BOARD The Establishment Of Board 3. (1) a body corporate called "Malaysian Highway Board" shall set up a permanent Siamese and have a common seal and may be claimed and alleged * Entries — the road transport act 1987 [Act 333] abolished Road Traffic Ordinance 1958 [No. 49/1958] Highway Board of Malaysia (incorporation) 7 on behalf of him and, subject to and for the purposes of this Act, may enter into contracts and be earning , purchase, take, hold any kind of movable and immovable property and transfer rights, assign, surrender, charge, charge the mortgagor, mendemis, transfer of title or otherwise dispose of or make any business of any movable or immovable property or any interest thereon which are vested in the Board on such conditions as it thinks fit.
(2) the Schedule shall apply to the Board.
Membership Of The Board 4. (1) the Board shall consist of members to be appointed by the Minister as follows: (a) a Chairman;
(b) a representative of the Ministry in charge of public works;
(c) the Secretary-General of the Ministry responsible for finance or his representative;
(d) the Director General of the Economic Planning Unit or his/her representative;
(e) the Director General of the public works Department, Peninsular Malaysia or his/her representative; and (f) the Director-General of the Board.
(2) the Minister may, in addition to the person referred to in subsection (1), appoint not more than four others became a member of the Board to represent the interests of special on the highway for a period not exceeding two years.
(3) any member appointed under subsection (2) who ceased to be members of the Board shall be eligible for reappointment.
Law Malaysia8 Act 231 alternate member 5. (1) the Minister may, consented to by each Member of the Board other than the Chairman to appoint, upon the nomination of the members, one being an alternate member to attend meetings of the Board in lieu of the Member when the Member is unable to attend for any reason.
(2) when attending a Board meeting, an alternate member shall for all purposes be deemed to be members of the Board.
(3) an alternate member shall, unless he ceased to be a member of the prior or his appointment is sooner revoked, ceases to be an alternate member when the Member for whom he is alternate member that ceases to be a member of the Board.
Temporary exercise of functions of the Chairman 6. (1) the Minister may appoint any member of the Board to carry out the functions of the Chairman at any time that the Chairman is unable to perform his functions for any reason or at any time there is a vacancy in the Office of the Chairman and the members shall be deemed to be the Chairman at the time he carries out functions of the Chairman.
(2) until an appointment is made under subsection (1) or if the appointment is not made, a member appointed under paragraph 4 (1) (b) shall exercise all functions of the Chairman and deemed to be Chairman.
Quorum, voting and vacancy 7. (1) the quorum for all meetings of the Board are four members present in addition to the Chairman.
(2) if the number of votes for any number of identical questions, the person chairing the meeting shall have a casting vote in addition to the votes normally.
Highway Board Malaysia (incorporation) 9 (3) the Board may act notwithstanding any vacancy in the membership.
Appointment of officers and civil servants 8. (1) the Board may appoint a Director-General who shall be the Chief Executive Officer of the Board and any number of officers or other servants as he may deem necessary for the purposes of this Act.
(2) the appointment of the Director-General shall be made with the approval of the Minister in advance.
(3) the Board shall obtain the approval of the Minister and the approval of the Minister of Finance before creating or modifying any scheme of service for officers or penjawatnya, including the terms and conditions of service, salaries, allowances and other remuneration and other benefits.
The Duties Of The Director General 9. The Director-General shall — (a) is responsible for implementing policy decisions of the Board and for general administration of its affairs;
(b) exercise supervision and control over all officers or civil servants working with the Board; and (c) perform any other duty as may be determined by the Board from time to time.
Civil servants 10. All members, alternate members, officers and civil servants of the Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Law Malaysia10 Act 231 functions and powers of the Board 11. (1) the functions of the Board are — (a) to supervise and execute the design, construction and maintenance of highways as determined by the Federal Government;
(b) to supervise and execute the design, construction and maintenance of the rest and treat and other facilities deemed necessary along highways as determined by the Federal Government;
(c) to collect tolls from users of highways and other payments from facilities along highways;

(d) to plan and carry out research to ensure efficient use of highways and other facilities along highways; and (e) generally do anything thing to further develop and use proper highways and other facilities along the highway.
(2) the Board may, with the approval of the Minister, make any regulations reasonably necessary for or expedient or incidental to the exercise of its functions under subsection (1) and in particular, without prejudice to the generality of the above, the regulations may — (a) provide for the construction, operation, management, care, regulation or protection against the assets of the Board or any of the highways were built or reconstructed;
(b) provide for the types of vehicles using the highway or part thereof and the classification of the vehicle;
(c) provide for the regulation and control of traffic on the highway; and (d) to regulate any activity in the areas of functioning of the Board.
Highway Board Malaysia (incorporation) 11 (3) the Board shall have power to do all things reasonably necessary or expedient for, or incidental to the exercise of its functions and in particular, without prejudice to the generality of the above purpose — (a) to establish a Nursing Unit and Monitoring highways; (b) to control the entrance and exit along the highways; and (c) to form a Committee to study and report on any matter that may be prescribed by the Board and determine its terms of reference as well as allowances for its members.
Part iii FINANCIAL SUPERVISION MINISTER, reports and Fund Board of Malaysia Highway 12. (1) the Board shall establish and administer a fund named "Fund Board of Malaysia Highway".
(2) there shall be paid into the Fund — (a) any grant made to the Board of the Federal Consolidated Fund;
(b) all money collected or paid under subsection 15 (1);
(c) all moneys borrowed by the Board under section 16;
(d) all monies earned or obtained from any investment under section 17 or from any property, mortgages, charges or debentures acquired by or vested in the Board; and (e) all other money that can in any way be payable to or vested in the Board.
Law Malaysia12 Act 231 Expenses charged to the Fund 13. The Fund may be expended for the purpose of — (a) to pay any expenses as may be done accordingly by the Board and its functions and exercise of its powers;
(b) repay any money borrowed by the Board under section 16 and interest payable thereon;
(c) lend to an employee of the Board for the purpose of buying or building a dwelling house or buy the vehicle in accordance with such terms and conditions as may be prescribed; and (d) generally, the pay for any expenses for enforcing the provisions of this Act.
Fund reserves 14. (1) the Board shall establish and manage a fund reserves.
(2) Payment into and out of the reserve fund shall be determined by the Board;
Provided that no part of the reserve fund can be used for any purpose other than for the purposes of the Board.
The toll for vehicles using the Highway 15. (1) the Board may, with the approval of the Minister and with the agreement of the Minister of finance, made an order to impose, amend, revise or abolish tolls for vehicles using the highway and such order may specify the type, amount, rate and mode of payment of tolls.
Highway Board of Malaysia (incorporation) 13 (2) an order made under this section may prescribe the amount and different toll rates for different types and different vehicle categories.
Power to borrow 16. The Board may, from time to time, borrow any amount of money required by the Board to clarify any of its obligations or performing any of its obligations in any form and rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise as may be approved by the Minister of finance.
Power to invest 17. The Board may, from time to time, with the approval of the Minister of finance, invest the Fund or any part thereof not required immediately to clarify the obligations of the Board or of its functions — (a) in any investment or securities allowed for investment trust funds by any written law in effect at that time; or (b) in any other investment or securities as it deems fit by the Board.
Financial year and annual estimate of 18. (1) the financial year of the Board shall begin on 1 January and ends on 31 December of each year.
(2) the Chairman shall, not later than one month prior to each financial year, present in front of the Board an estimate of revenue and expenditures, including capital expenditures of the Board for the financial year following which contains such particulars and in such form as may be determined by the Board.
Law Malaysia14 Act 231 (3) the Chairman shall cause to be a copy of the estimate is sent to every Member of the Board not later than fourteen days before the date of the meeting where the estimates are presented.
Accounts and audit 19. (1) the Board shall keep your or cause to be kept proper accounts and other records in respect of its operation and shall prepare a statement of accounts in respect of each financial year.
(2) the Board shall, not later than three months after the end of its financial year, cause to its accounts audited by the Auditor General or any other auditor approved by the Auditor General.
(3) the Board shall not later than 30 June of each financial year, cause to be a copy of the statement of account sent to the Minister together with a copy of the observations made by the auditor of any account statement or on the accounts of the Board.
(4) the Minister shall cause to be a copy of every statement and observations submitted to him under subsection (3) are set out in each Parliament.
Annual report 20. (1) the Board shall, not later than 30 June of each year, cause to be made and sent to the Minister a report on the activities of the Board within the previous financial year and containing any information relating to travel and Board policy as directed by the Minister from time to time.
(2) the Minister shall cause to be a copy of every report sent to him under subsection (1) are set out in each Parliament.
Highway Board Malaysia (incorporation) 15 part IV TRANSFER of TITLE HIGHWAY to BOARD transfer the highway to the Board 21. (1) the Minister may, from time to time, by notification in the Gazette, transferred or cause to be transferred ownership to the Board any highway or part thereof which is the federal roads under federal roads Act 1959 [Act 376] or by virtue of any written law, and starting from a date which shall be specified in the notification of highway or part thereof shall be under the control and management of the Board.
(1a) any highway or part thereof that the cost of construction had received or paid out of the Fund shall be under the control and management of the Board.
(2) all deeds, bonds, agreement, instrument and arrangement of existing work immediately before the commencement of this Act that touches any of the highways transferred ownership shall be in force and effect against or for the benefit of the Board and shall be fully and effectively as if the Board were named therein or has become a party to it replacing the Federal Government.
(3) following the notification in subsection (1), the land was reserved to the Federal Government and if applicable, with the agreement of the Government of the State concerned, the land reserved under any written law relating to land, for the purpose of the highway or part thereof which has transferred ownership to the Board, shall be deemed to be reserved for the purposes of the Board and every for the reserve shall continue to be subject to the law relating to land apply to the reserve.
Law Malaysia16 Act 231 withdrawal highway from control and Management Board 21A. (1) the Minister may, from time to time, by notification in the Gazette, declare that any highway or part thereof shall be stopped from being under the control and management of the Board starting from a date which shall be specified in the notification, and as long as notification is to take effect, this Act shall not be applicable to highway or part thereof that.

(2) where the highway or part thereof that is the federal roads under federal roads Act 1959 or by virtue of any written law, or if the cost of the highway or part thereof is paid out of the Fund, then, notwithstanding the notification under subsection (1), highway or part thereof shall be deemed to be direct or Federal road accordingly.
(3) all deeds, bonds, agreement, instrument and existing work arrangement immediately before the date specified in the notification under subsection (1) and which touches the highway or part thereof specified in the notification shall be in full force and effect against or for the benefit of the Federal Government, and may be enforced fully and effectively, as if the Federal Government had named it or has become a party to it replacing the Board.
(4) starting from the date specified in the notification under subsection (1), the land has been set aside or be deemed to be reserved for the purposes of the Board by virtue of subsection 21 (3) and included in the highway or part thereof specified in the notification shall be deemed to be reserved for the Federal Government and each of the reserve shall continue to be subject to the law relating to land apply to the reserve.
(5) even if a highway or part thereof has been stopped from being under the control and management of the Board by virtue of a notification under subsection (1), the Minister may direct the Board in writing to supervise or perform maintenance, either publicly or at Highway Board of Malaysia (incorporation) 17 certain aspects, the highway or part thereof that, in the case of so all costs and expenses incurred in carrying out such directions shall be borne by the Federal Government with absolute.
(6) Notwithstanding the notification under subsection (1), any order under section 15 in relation to the applicable toll highway or part thereof specified in the notification shall remain in force until cancelled by the Minister with the consent of the Minister of finance.
Part V General Power ASSETS ACQUISITION to take land 22. (1) where any immovable property, which is not a State land or reserve land must be obtained by the Board for the purposes of this Act and could not be obtained through the agreement, the property may be obtained in accordance with the provisions of any written law relating to the acquisition of land for a public purpose for the time being in the State and any declaration required under any law that States that the land was needed so can be made though the compensation will be paid out of the money Board , and the Declaration shall become effective as if the Declaration is a declaration stating that the land was required for a public purpose made in accordance with the written law.
(2) expenses and compensation of any immovable property acquired under this section shall be paid by the Board.
(3) where any immovable property has been acquired under this section, the Board must take the necessary documents of title on the property and shall pay any rent imposed on such property.
Law Malaysia18 Act 231 part VI MISCELLANEOUS Power to employ an agent 23. The Board may employ and pay agents and technical advisors including advocates and solicitors, bank managers, stock brokers, surveyors or valuers or others, to manage any business or to do any act required to be dealt with or done in discharging its duties or to implement more effectively the purposes of this Act.
The adoption of the road transport act 1987 24. Subject to any modification by any regulations made under this Act, the provisions of the road transport act 1987 and all regulations, rules and orders made thereunder shall apply to any highway under the control and management of the Board.
Offences 25. (1) any person that puts garbage, glass, grass-rampai, debris or any other objects that could be harmful in the highway's right of rights commits an offence and shall, on conviction, to a fine not exceeding five hundred ringgit.
(2) any person who — (a) use any tickets or artificial or fake coupon to pay any tolls that are required to be paid to the Board under this Act or try to use the highway without paying the toll prescribed by the Board; or (b) willfully, with bad faith and with forced break, damage or destroy any property the Board includes any tool collection of tolls Highway Board of Malaysia (incorporation) 19 berjentera or electronics belong to the Board or any perlengkapannya, commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Penalties am 26. Any person who commits an offence under this Act or any regulations made thereunder, to whom nothing penalty expressly provided for, shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Confidentiality of 27. Except for the purposes of this Act or any criminal proceedings under this Act, no Member, officer or servant of the Board may disclose any information which has been obtained by him while performing his duties.
Minister's power to issue directions 28. (1) the Board shall be responsible to the Minister and the Minister may, from time to time, issue written instructions regarding any aspect of the function of the Board to the Board and every such directions shall be binding on the Board.
(2) the Board shall provide to the Minister any statement, accounts and other information with respect to the property and its activities as may be required by the Minister from time to time.
Power of Minister to make regulations 29. The Minister shall have the power to make regulations to implement better the provisions of this Act and the regulations may specify the law Malaysia20 Act 231 compounding of any offence committed under this Act or any regulations made thereunder and the way mengkompaunnya.
Confirmation of an act performed in anticipation of Act 30. (1) all such acts and things done by any person in preparation for or in anticipation of this Act and any expenses incurred in relation thereto in accordance with the purpose and general purpose of this Act shall be deemed to have been allowed under this Act and all rights and obligations acquired or incurred from doing an act or thing that includes any expenses incurred in relation thereto shall be deemed to have rights and obligations of the Board.
(2) for the avoidance of doubt, it is hereby determined that subsection (1) does not permit the appointment of a member, officer or servant of the Board except so far as to allow a temporary appointment such person until appropriate appointments made under this Act.
Indemnity for Board 31. The Federal Government shall indemnify the Board against any expense, loss or damages incurred or sustained by the Board arising from any claim in any form whatsoever by any person due to the Board being stopped from having control and management of a highway or part thereof by virtue of a notification under section 21a.
Transfer of land title from the Board to the Federal Government 32. If any land vested in the Board fall within any highway or part thereof specified in a notification under section 21a, the Federal Government and the Board shall reach an arrangement for the transfer of title of the land to the Federal Government.
Highway Board of Malaysia (incorporation) 21 Table [section 3] 1. (1) a Board member — (a) is not present nor in turn be represented by an alternate member, if any, appointed in respect of the Member in three consecutive meetings of the Board without reasonable cause or without the written permission of the Chairman;
(b) has been found or confirmed as not of unsound mind;
(c) has become bankrupt or made an arrangement with his creditors; or (d) has been convicted of any offence involving fraud, dishonesty or moral turpitude, or any offence under this Act or any regulations made thereunder, shall be stopped from holding office.
(2) subparagraph (1), in addition to items (a), shall apply mutatis mutandis for an alternate member.
(3) the terms and conditions of the appointment and remuneration of Board members shall be determined by the Minister.
(4) any allowance shall be paid to any member or alternate member of the Board for attending Board meetings as determined by the Minister.
(5) the appointment of every Member and alternate member of the Board shall be published in the Gazette.

(6) no member of the Board may bear upon himself for any loss or damage caused by any act or omission in the administration of the Affairs of the Board unless the loss or damage was done intentionally or due to gross negligence or reckless actions outrageous.
2. (1) the Minister shall call the first meeting of the Board.
(2) the Board shall meet regularly until a period between a meeting with a subsequent meeting no more than three months.
(3) if at a meeting of the Board, the Chairman and also a member for the time being carrying out the functions of the Chairman is not present, the members present law Malaysia22 Act 231 shall appoint one of the number of members present to chair the meeting.
(4) subject to this paragraph, the Board may determine its own procedure.
(5) the seal of the Board shall be authenticated by the Chairman and one member of the Board and any document purporting to be sealed with the seal of the Board and authenticated shall be deemed to have been entered into with legal until the contrary is proved.
Highway Board of Malaysia (incorporation) 23 laws of MALAYSIA Act 231 Highway Board Act of MALAYSIA (incorporation) 1980 LIST of P1NDAAN laws that amend the short title of the Act in force A678 Highway Board Act of Malaysia (incorporation) (Amendment) Act 1980 01-11-1987 law Malaysia24 Act 231 laws of MALAYSIA Act 231 Highway Board Act of MALAYSIA (incorporation) 1980 LIST SECTION AMENDED Section Power amend with effect from 11 A678 Act 01-11-1987 21 Act A678 01-11-1987 21A A678 Act 01-11-1987 28 Act A678 01-11-1987 31 Act A678 01-11-1987 32 Act A678 01-11-1987 Copyright Printer H PERCETAKAN NASIONAL MALAYSIA BERHAD all rights reserved. No part whatsoever of this publication may be reproduced or stored in a recoverable form or published in any form by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior written permission of Percetakan Nasional Malaysia Berhad (printer to the Government of Malaysia appointed).
PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA WJW002050 25-02-2014