* Solid Waste And Public Cleansing Management Corporation Act 2007

Original Language Title: *Solid Waste And Public Cleansing Management Corporation Act 2007

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Laws of MALAYSIA _ _ _ _ _ _ _ _ _ _ _ _ _ ONLINE VERSION of the PRINT TEXT that UPDATE _ _ _ _ _ _ _ _ _ _ _ _ _ Act 673 CORPORATION ACT MANAGEMENT of SOLID WASTE and PUBLIC CLEANSING MANAGEMENT 2007 As at 1 September2016 2 CORPORATION ACT MANAGEMENT of SOLID WASTE and PUBLIC CLEANSING 2007 date of Royal Assent of the ... ... more August 29, 2007, the date of publication in the Gazette of ... ... more 30 August 2007 3 laws of MALAYSIA Act 673 CORPORATION ACT MANAGEMENT of SOLID WASTE and PUBLIC CLEANSING MANAGEMENT 2007 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation part II the Corporation 3. Establishment of the Corporation 4. Seal 5. Membership of the Corporation 6. Statutory declaration by a member of the Corporation 7. The term of Office 8. Allowance of members of the Corporation 9. Revocation of appointment and resignation of 10. Vacation of Office 11. The Committee 12. Disclosure of interest 13. Disqualification or termination of members of the Corporation 14. Acts and proceedings of the Corporation not affected by vacancy, etc.
4 laws of Malaysia ACT 673 section 15. The duty of the Member of the Corporation 16. The meeting PART III CORPORATION 17. The functions of the Corporation 18. Delegation of functions of the Corporation 19. Directions by Minister 20. Statements, reports, accounts and information PART IV PROVISIONS RELATING to OFFICERS and employees 21. Chief Executive Officer 22. Temporary exercise of functions of Chief Executive Officer 23. Appointment of officers and employees 24. Loans, scholarships, cash advance, etc.
25. The payment of pension benefits, etc.
26. The Corporation may adopt regulations, etc.


Part V finance 27. Fund Corporation Management of solid waste and public cleansing management 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 the Corporation's solid waste management and public cleansing 5 Section 33. 34 investments. A contractual limit to 35. 36. financial procedure Financial year 37. Account and report of PART VI GENERAL 38. An initial 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. The power to establish the company's 45. Things done in anticipation of this Act made the laws of MALAYSIA Act 673 CORPORATION ACT MANAGEMENT of SOLID WASTE and PUBLIC CLEANSING MANAGEMENT 2007 an act to provide for the establishment of solid waste management and public cleansing with authority to administer and enforce the laws of solid waste management and public cleansing and matters connected therewith.

[June 1st, 2008, P.U. (B) 240/2008]

Enacted by the Parliament of Malaysia as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the Corporation Act Management of solid waste and public cleansing 2007.

(2) this Act shall apply to Peninsular Malaysia and the federal territories of Putrajaya and Labuan.

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


Interpretation 2. In this Act, unless the context otherwise requires — 8 laws of Malaysia ACT 673 "member of the Corporation" means a member of the Corporation appointed under section 5;

"Committee" means a Committee established by the Corporation under section 11;

"Chief Executive Officer" means the Chief Executive Officer of the Corporation;

"The Director General" has the meaning assigned to it in section 2 of the Act solid waste management and public cleansing 2007 [Act 672];

"Fund" means the Fund Management Corporation solid waste and public cleansing management established under section 27;

"Minister" means the Minister charged with the responsibility for waste management and public cleansing;

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

"Corporation" means a corporation, the Management of solid waste and public cleansing management established under section 3;

"public cleansing management services" has the meaning assigned to it in section 2 of the Act solid waste management and public cleansing 2007;

"solid waste management service" has the meaning assigned to it in section 2 of the Act solid waste management and public cleansing 2007;

"company" has the meaning assigned to it in section 4 of the companies Act 1965 [Act 125];

"the laws of solid waste management and public cleansing" means this Act and Act solid waste management and cleansing Management Corporation solid waste and public cleansing Public 9 2007, and includes any subsidiary legislation made under the law.


PART II the CORPORATION establishment of Corporation 3. (1) a body corporate by the name "Mc solid waste and public cleansing" was established.

(2) the Corporation shall have perpetual succession and shall have a common seal.

(3) the Corporation may sue and be sued in the name of the Corporation.

(4) subject to and for the purposes of this Act, the Corporation may, on any terms that it regards ought to — (a) enter into contracts; and (b) in respect of any type of movable and immovable and interest on any type of movable and immovable — (i) acquire, buy and take the assets and interests; and (ii) hold, enjoy, memindahhakkan, assign, surrender, refund, charge, mortgage, mendemiskan, menyerahakkan back, transferred, or in any other way dispose of or make any business about, property and interests vested in the Corporation.
10 laws of Malaysia ACT 673 seal 4. (1) the common seal of the Corporation shall have a sign approved by the Corporation and such seal may from time to time be broken, changed, altered and made anew as the Corporation thinks fit.


(2) until a seal is provided by the Corporation, a stamp bearing the words "Corporation waste management and public cleansing" may be used and shall be deemed to be the common seal of the Corporation.

(3) the common seal of the Corporation shall be kept in the custody of the Chief Executive Officer or any officer of the Corporation duly authorized by the Corporation, and shall be authenticated either by the Chairman or by any member of the corporation 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 that are not are required to be sealed may be executed in the manner similar by a member of the Corporation or an officer or employee of the Corporation duly authorized by the Corporation for that purpose.

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


Membership of the Corporation 5. The Corporation shall consist of the following members who shall be appointed by the Minister: (a) the Chairman;
MC solid waste and public cleansing management 11 (b) a representative of the Ministry charged with the responsibility for waste management and public cleansing;

(c) a representative of the Treasury;
(d) a representative of the Economic Planning Unit;
(e) a representative of the Ministry of natural resources and the environment;
(f) the Chief Executive Officer; and (g) not more than three other members who shall have the knowledge and relevant experience.


Statutory declaration by a member of the Corporation 6. (1) No person shall be appointed as Chairman or member of the Corporation under paragraph 5 (g) unless before such appointment such person makes a statutory declaration as to whether he has any interest, financial or otherwise, in any effort involving the management of solid waste and public cleansing management services.

(2) where a member of the Corporation acquires any interest, financial or otherwise, in any effort involving the management of solid waste and public cleansing management services he shall, within thirty days 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.





12 laws of Malaysia ACT 673 term of Office 7. (1) the Chairman and the Member of the Corporation appointed under paragraph 5 (g) shall, unless he sooner resigns or his or her appointment revoked clear in advance, hold office for a term not exceeding two years and shall be eligible for re-election upon the expiry of his Office, but shall not be appointed for a period of no more than three consecutive period.

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


Allowance of members of the Corporation 8. Chairman and member of the Corporation, other than the Chief Executive Officer shall be paid such allowances and other expenses at a rate as determined by the Minister.


Revocation of appointment and resignation of 9. (1) the Minister may at any time revoke the appointment of any member of the Corporation, other than a member appointed under paragraph 5 (b) to (f), without giving any reason for the revocation.

(2) a member of the Corporation, other than the Chief Executive Officer, may at any time resign his Office by giving notice in writing to the Minister.


Vacation of Office 10. The Office of a member of the Corporation, other than a member appointed under paragraph 5 (b) to (f), shall be empty — (a) if he dies;
MC solid waste and public cleansing management 13 (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 obligations as a member of the Corporation or otherwise, is a behaviour detrimental to the name of the Corporation;

(d) if he becomes bankrupt;
(e) if he is of unsound mind or otherwise is unable to meet its obligations;

(f) in the case of the Chairman, if he fails to attend three consecutive meetings of the Corporation without the consent of the Minister;

(g) in the case of a member of the Corporation other than the Chairman, if he fails to attend three consecutive meetings of the Corporation without the consent in writing of the Chairman;

(h) if his appointment is revoked by the Minister; or (i) if his resignation is accepted by the Minister.




14 laws of Malaysia ACT 673 Committee 11. (1) the Corporation may establish such committees as it considers necessary or expedient to assist the performance of its functions.

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

(3) the Corporation 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.

(5) the Corporation 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 Corporation 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 Corporation.

(10) meetings of a Committee shall be held at

time and at the place determined by the Chairman of the Committee.




MC solid waste and public cleansing management 15 (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 Corporation as soon as practicable.

(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 Corporation.


Disclosure of interest 12. (1) a member of the Corporation or any of its committees 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 Corporation or Committee, as the case may be, shall disclose to the Corporation or Committee, as the case may be, the fact of his interest and the interest of the type.

(2) a disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Corporation or Committee, as the case may be, in which the matter is discussed and, after the disclosure of — (a) the Member cannot attend or take part in any discussion or decision 16 laws of Malaysia ACT 673 of the Corporation or Committee, as the case may be, on the matter; and (b) a member shall not be counted for the purpose of forming a quorum of the Corporation or Committee, as the case may be, when the matter is discussed or decided.

(3) a member of the Corporation 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 ten thousand ringgit or to imprisonment not exceeding six months or to both.

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

(5) for the purposes of subsection (1) — "family member" includes — (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 the "affiliated companies" 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;
MC solid waste and public cleansing management 17 (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, which to 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.


Disqualification or termination of members of the Corporation 13. No person shall be appointed or remain as a member of the Corporation if — (a) he is an officer of any company licensed under the solid waste management and public cleansing 2007; or (b) he has any interest, financial or otherwise, in any undertaking involving waste management and public cleansing.


Acts and proceedings of the Corporation not affected by vacancy, etc.

14. The Corporation may act notwithstanding any vacancy in the membership and the validity of the proceedings not affected by — (a) the absence of any Member;
18 laws of Malaysia ACT 673 (b) any defect which is then known in the appointment or qualification of any member or the formation of the Corporation;

(c) omission, defect or irregularity in the procurement or the conduct of a meeting; or (d) the presence or participation of any person not a member of the Corporation.


The duty of the Member of the Corporation 15. (1) a member of the Corporation shall, at all times, act honestly and in the best interests of the Corporation and use reasonable prudence in discharging duties of his Office.

(2) a member of the Corporation or any person who was a member of the Corporation may not — (a) using improper in any information obtained by reason of its position as a member of the Corporation to obtain, directly or indirectly, a benefit for himself or for any other person; or (b) commits, speak or publish anything which may harm the interests of the Corporation.


Meeting 16. (1) the Corporation shall meet as often as required but not less than four times a year.

(2) the Chairman shall preside at all meetings of the Corporation and in his absence, the members present shall elect a Chairman from among their number and person of the Corporation's solid waste management and public cleansing 19th so appointed shall preside at meetings and have all the powers of the Chairman.

(3) the Chairman and four other members present in a meeting of the Corporation shall form a quorum.

(4) the decision of the Corporation shall be taken in votes more voice members present and voting.

(5) in the circumstances of equal number of votes the Chairman shall have a casting vote.

(6) a resolution in writing, signed by all the members for the time being entitled to receive notice of a meeting of the Corporation, shall be valid and effective as if the resolution was approved at the time of the meeting of the Corporation that have been duly convened and held and all such resolution may consist of several documents in a similar form, each signed by one or more members.

(7) no nothing in this section shall prevent

Chairman of allowing another Member to use live video, television network or communication or other multimedia facilities suitable to take part in any meeting of the Corporation.


PART III CORPORATION Corporation 17. (1) the Corporation shall have all the functions imposed upon it under the law of the solid waste management and public cleansing and shall also have the following functions: 20 laws of Malaysia ACT 673 (a) to recommend policies, plans and strategies, including in respect of scheme service solid waste and public cleansing management services to the Federal Government;

(b) to implement any policies, plans and strategies, including a scheme determined by the Federal Government;

(c) to implement measures which are determined by the Federal Government for the promotion of any of the services solid waste management and public cleansing management services existing;

(d) to recommend standard, specification and code of practice in relation to any aspect of the management of solid waste and public cleansing management services to the Federal Government;

(e) to monitor compliance with standards, specifications and code of practice in relation to any aspect of the management of solid waste and public cleansing management services prescribed by the Federal Government;

(f) to implement and enforce the laws of solid waste management and public cleansing and recommend reforms to the law to the Federal Government;

(g) to ensure that the functions and obligations of any person who carries on the solid waste management services or management services public cleansing carried out properly;

(h) to add a concerted effort to increase the efficiency of the handling services solid waste management and public cleansing management services;

MC solid waste and public cleansing management 21 (i) to implement measures to encourage public participation and to enhance public awareness about solid waste and public cleansing management services;

(j) to formulate and implement human resource development and funding and cooperation programme for the implementation of the functions of the Corporation with the fit and effective;

(k) to cooperate with any corporate body or Government Agency for the purposes of performing the functions of the Corporation;

(l) to use all movable and immovable of the Corporation in such manner as he thinks expedient by the Corporation including mortgage the property to secure the loan;

(m) to encourage, promote, facilitate and stimulate the growth of solid waste management and public cleansing management services through a variety of ways including arranging the conduct of research, evaluation, research and advisory services;

(n) to maintain and improve standards and service level management of solid waste and public cleansing management services;

(o) to set up institutions, centres and workshops to carry out research and other activities as may be necessary for or in connection with the development of solid waste management and public cleansing management services;

(p) to determine and impose fees, charges or other payments for services rendered by the Corporation;
and 22 laws of Malaysia ACT 673 (q) to carry out any functions assigned to it under the law of the solid waste management and public cleansing.

(2) the Corporation shall have all the powers as may be necessary for, or in respect of, or incidental to the performance of its functions under this Act.


Delegation of functions of the Corporation 18. (1) the Corporation may, in writing, delegate any functions imposed or conferred upon him by the laws of the solid waste management and public cleansing to — (a) the Chairman;
(b) a member of the Corporation; or (c) a Committee.
(2) any person delegated with such functions is bound to observe and take into account all conditions and restrictions imposed by the Corporation and all requirements, procedures and matters specified by the Corporation.

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

(4) a delegation under this section shall not prevent the Corporation from performing or exercising any function itself powers which have been delegated to that at any time.


Directions by Minister 19. (1) the Corporation is responsible to the Minister.

MC solid waste and public cleansing management 23 (2) the Minister may from time to time give the Corporation directions of a General in accordance with the provisions of this Act relating to the implementation of the functions of the Corporation and the Corporation shall give effect to such directions as soon as possible.


Statements, reports, accounts and information 20. (1) the Corporation shall give to the Minister, and any other person 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) the Director General may from time to time ask the ceo to provide any statements, reports, accounts and information relating to the implementation of the functions of the Corporation.


PART IV PROVISIONS RELATING to OFFICERS and EMPLOYEES of the Chief Executive Officer of 21. (1) a Chief Executive Officer shall be appointed by the Minister on the recommendation of the Corporation.

(2) the Chief Executive Officer shall hold office for a term not exceeding three years and shall be eligible for re-election at the end of the term of his Office.

(3) the Chief Executive Officer shall be deemed to be an officer or employee of the Corporation and is subject to the terms and conditions of service set by the Corporation with the approval of the Minister.
24 laws of Malaysia ACT 673 (4) the Chief Executive Officer shall obtain any compensation and such other facilities as may be approved by the Minister, on the recommendation of the Corporation.

(5) the Corporation shall vest in the Chief Officer

Any executive powers and impose upon them such duties as may be determined by the Corporation.

(6) the Chief Executive Officer shall be responsible for the overall administration and management functions and the day to day affairs of the Corporation.

(7) the Chief Executive Officer shall have general control over the officers and employees of the Corporation.

(8) the Chief Executive Officer shall perform such additional duties as directed by the Minister and the Corporation from time to time.

(9) in fulfilling its duties the Chief Executive Officer shall act under the authority and the General instructions of the Corporation.


Temporary exercise of functions of Chief Executive Officer 22. The Minister may appoint temporarily any officers of the Corporation to act as the Chief Executive Officer for a period of — (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 reason, unable to perform the duties of his Office.




The Corporation's solid waste management and public cleansing 25 appointment of officers and employees 23. (1) the Corporation may appoint such number of officers and employees as it deems necessary for conducting the business and Affairs of the Corporation and the officers and employees shall hold office for such period, receive any salaries, allowances and benefits, and shall be subject to such terms and conditions of service set by the Corporation with the approval of the Minister.

(2) an officer or employee of the Corporation shall, at all times, acted in good faith and in compliance with any requirements, standards, obligations and conduct as determined by the Corporation.


Loans, scholarships, cash advance, etc.

24. The Corporation — (a) may grant loans, scholarships and money advances to officers and employees subject to such terms and conditions as may be determined by the Corporation; and (b) can give donations to any person or group of persons in such amounts and for such purposes as may be approved by the Minister.


The payment of retirement benefits, etc.

25. The Corporation may make arrangements for payments to officers and employees and their dependants of any such retirement benefits, gratuities and other allowances as determined by the Corporation.


26 laws of Malaysia ACT 673 Corporation may adopt regulations, etc.

26. The Corporation may 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 Management Corporation Waste and cleaning Money 27. (1) a fund known as the "Fund Management Corporation solid waste and public cleansing" established and shall be governed and controlled by the Corporation.

(2) the Fund shall consist of — (a) any money appropriated by Parliament from time to time for the purposes of solid waste management and public cleansing;

(b) all moneys derived as income from investments made by the Corporation;

(c) 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 Corporation;

(d) all monies earned from advisory and consultancy services and any other services provided by the Corporation;
MC solid waste and public cleansing management 27 (e) all money and other property in any way become payable to or vested in the Corporation in respect of any matter incidental to its functions;

(f) money borrowed by the Corporation under section 32;

(g) all monies obtained through the operation of any project, scheme or Enterprise financed out of the Fund;

(h) all donations and contributions received from within or outside Malaysia; and (i) all other moneys lawfully received by the Corporation.


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 Corporation;

(b) pay allowances and other expenses members of the Corporation and a member of the Committee and remuneration, allowances and expenses of other officers and employees of the Corporation, including money lending and money advances, retirement allowance, retirement benefits and rewards;

(c) to grant loans, scholarships and money advances to employees under section 24;

28 laws of Malaysia ACT 673 (d) pay any expenses, costs or expenses incurred or received properly by the Corporation for the purposes of solid waste management and public cleansing, including the recruitment of consultants, fees and legal costs and charges and other costs;

(e) purchase or rent equipment, machinery and any other materials, acquire land and any assets, and construct buildings and carry out any work and other efforts for the management of solid waste and public cleansing;

(f) to repay money borrowed under section 32 and interest payable on money borrowed it;

(g) make investments under section 33; and (h) generally, to pay such expenses for the purpose of management of solid waste and public cleansing management generally, and implement the provisions of the law of the solid waste management and public cleansing especially.


Conservation Fund 29. The Corporation is obliged 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 Corporation sufficient to pay all sums properly chargeable on 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 Corporation to the extent the amount authorised by the Minister for any one year shall be paid out of the Fund.
The Corporation's solid waste management and public cleansing 29 (2) before 1 September each year, the Corporation shall

submit to the Minister an estimate of his expenses, including expenses for research and development, for the ensuing year in such form and contain such particulars as may be directed by the Minister.

(3) the Minister shall, before 1 January of the following year, notify the Corporation the amount allowed for each type of expenditure based on estimates provided under subsection (2).

(4) the Corporation may at any time submit to the Minister an estimate of supplementary expenses for any one year and the Minister may allow the whole or any part of the additional expenditure included in the supplementary estimates.


31 bank accounts. (1) the Corporation shall open and maintain an account or accounts with the bank or banks in Malaysia as he may deem fit, after consultation with the Minister, and every account that must be handled to the extent practicable by cheque signed by any person authorized by the Corporation in that behalf from time to time.


Power to borrow 32. The Corporation may borrow, with the approval of the Minister and the Minister of Finance on what rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise approved by the Minister and the Minister of finance, any money required by the Corporation for 30 laws of Malaysia ACT 673 fulfill any of its obligations or performing any of its duties.

33 investment. (1) money from the funds of the Corporation shall, as far as not required to be expended by the Corporation under this Act, be invested in such manner as approved by the Minister and the Minister of finance.

(2) without prejudice to the generality of subsection (1), the Corporation may, with the approval of the Minister, acquire and develop land and property for and in respect of the exercise of its powers and for this purpose can make any negotiations, arrangements or agreements as may be necessary for the effective and efficient operation of the Corporation.


Contractual limits for 34. The Corporation may not, without the approval of the Minister and the Minister of finance, make any contract under which Corporations are 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 Corporation shall determine its financial arrangements themselves.


Financial year 36. The financial year of the Corporation shall begin on 1 January and ends on 31 December of each year.




The Corporation's solid waste management and public cleansing 31 account and report 37. (1) the Corporation shall cause to be proper account for and report their activities that should have been kept and shall, as soon as possible after the end of each financial year, cause to be prepared for that financial year — (a) a statement of accounts of the Corporation shall include a balance sheet and income and expenditure accounts; and (b) a statement of its activities.
(2) the Corporation 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 and the Minister shall cause to be 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 Corporation.


PART IV GENERAL commencement of prosecution 38. No prosecution shall be instituted for any offence under this Act except by or with the consent in writing of the Prosecutor.


Public servants 39. The Chairman, the members of the Corporation and any Committee, officer, employee and agent of the Corporation, while on 32 laws of Malaysia ACT 673 of their duties under this act as the Chairman, a member, officer, 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 proceeding against the Corporation or any member of the Corporation, the Committee, officer, employee or agent of the Corporation in respect of any act, omission, neglect or default made or done 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 authorized by the Corporation — (a) no member of the Corporation or any of its committees or an officer, employee or agent of the Corporation either in or after the term of Office or occupation and there are no any person attending any meeting of the Corporation or any of its committees, 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 Corporation may disclose the information or document.

(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, liable to a fine of not more than the Corporation's solid waste management and public cleansing 33 ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.


Representation in civil proceedings 42. Notwithstanding any other written law — (a) in any civil proceedings by or against the Corporation; or (b) in any civil proceedings in which the other Corporation 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 Corporation in that behalf may, on behalf of the Corporation, 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 Corporation.


Power to employ 43. The Corporation may employ and pay agents and technical advisers, including advocates and solicitors, bankers, consultants and others, to manage any

arrangement 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.


The power to establish the company's 44. The Corporation may, from time to time, with the approval of the Minister and the consent of the Minister of finance, established the company with the name specified by the Corporation to carry out and have responsibilities, conduct and management for 34 laws of Malaysia ACT 673 the Corporation for any project, scheme or enterprise as determined by the Corporation in fulfilling its function.


Things done in anticipation of this Act made 45. All things done by any person or authority on behalf of the Corporation 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 authorized by this Act, and all rights acquired or obligations incurred on behalf of the Corporation from any such shall be done when this Act comes into force are deemed to be rights and obligations of the Corporation.









35 laws of MALAYSIA Act 673 CORPORATION ACT MANAGEMENT of SOLID WASTE and PUBLIC CLEANSING MANAGEMENT 2007 LIST AMENDMENT of laws that amend the short title effect from-No-36 laws of MALAYSIA Act 673 CORPORATION ACT MANAGEMENT of SOLID WASTE and PUBLIC CLEANSING MANAGEMENT 2007 LIST SECTION AMENDED Section Power amend with effect from-no-