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LAWS OF MALAYSIA
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Act 654
SURUHANJAYA PERKHIDMATAN
AIR NEGARA ACT 2006
Incorporating all amendments up to 1 August 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
Act 654
SURUHANJAYA PERKHIDMATAN
AIR NEGARA ACT 2006
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title, commencement and application
2. Interpretation
PART II
THE COMMISSION
Section
15. Functions of the Commission
16. Powers of the Commission
17. Delegation of the Commission’s functions or powers
18. Direction by Minister
19. Returns, reports, accounts and information
PART IV
PART V
FINANCE
GENERAL
Section
38. Prosecution
39. Public servant
40. Public Authorities Protection Act 1948
41. Obligation of secrecy
42. Representation in civil proceedings
43. Power to employ
44. Things done in anticipation of the enactment of this Act
SCHEDULE
Act 654
[ ]
PART I
PRELIMINARY
Interpretation
“water supply and sewerage services laws” means this Act and
the Water Services Industry Act 2006 [Act 655], and includes any
subsidiary legislation made under those laws.
PART II
THE COMMISSION
(2) The Commission may sue and be sued in its corporate name.
(3) Subject to and for the purposes of this Act, the Commission
may, upon such terms as it deems fit—
(a) enter into contracts; and
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(b) in respect of movable and immovable property and interest
in movable and immovable property of every description—
(i) acquire, purchase and take such property and interest;
and
(ii) hold, enjoy, convey, assign, surrender, yield up,
charge, mortgage, demise, reassign, transfer, or
otherwise dispose of or deal with, such property
and interest vested in the Commission.
Common seal
4. (1) The common seal of the Commission shall bear a device
as approved by the Commission and the seal may from time to
time be broken, changed, altered and made anew as the Commission
thinks fit.
(3) The common seal shall be kept in the custody of the Chairman
or any other person authorized by the Commission, and shall be
authenticated by either the Chairman or by such other person
authorized by the Chairman in writing.
Tenure of office
9. (1) Subject to such conditions as may be specified in his instrument
of appointment, a member of the Commission shall, unless he
sooner resigns or vacates his office or his appointment is sooner
revoked, hold office for a term of two years.
(3) This section shall not apply to the Chief Executive Officer.
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; Adam Haida & Co
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(b) if there has been proved against him, or he has been
convicted on, 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
(in itself only or in addition to or in lieu of a fine)
for more than two years;
(c) if his conduct, whether in connection with his duties as
a member of the Commission or otherwise, has been such
as to bring discredit on the Commission;
(d) if he becomes a bankrupt;
(e) if he is of unsound mind or is otherwise incapable of
discharging his duties;
(f) in the case of the Chairman, if he absents himself from
a meeting of the Commission without leave of the Minister;
(g) in the case of a member of the Commission other than
the Chairman, if he absents himself from three consecutive
meetings of the Commission without leave in writing of
the Chairman;
(h) if his appointment is revoked by the Minister; or
(i) if his resignation is accepted by the Minister.
Committees
Disclosure of interest
14. (1) A member of the Commission or any committee established
under section 13 who has or acquires a direct or indirect interest
by himself, a member of his family or his associate in relation to
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 nature of that interest.
16. (1) The Commission shall have the power to do all things
necessary or expedient for or in connection with the performance
of its functions under the water supply and sewerage services
laws.
(3) Any function and power delegated under this section shall
be performed and exercised in the name and on behalf of the
Commission.
(4) The delegation under this section shall not preclude the
Commission itself from performing or exercising at any time any
of the delegated functions and powers.
Direction by Minister
19. (1) The Commission shall furnish to the Minister, and any
public authority as may be specified by the Minister, such returns,
reports, accounts and information with respect to its activities
and finances as the Minister may from time to time require or
direct.
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(2) The returns, reports, accounts and information shall be in
such form and shall contain such information relating to the
proceedings and policy of the Commission and any other matter
as the Minister may from time to time specify.
PART IV
(5) The Chief Executive Officer shall perform such further duties
as the Minister and the Commission may from time to time direct.
22. The Commission may from time to time appoint and employ
such number of employees as the Commission thinks desirable and
necessary and upon such terms as it considers appropriate for
carrying out the purposes of the water supply and sewerage services
laws.
Conditions of service
PART V
FINANCE
Bank accounts
Power to borrow
Investment
Financial procedure
35. Subject to this Act and the approval of the Minister, the
Commission shall determine its own financial procedure.
Financial year
36. The financial year of the Commission shall begin on 1 January
and end on 31 December of each year.
PART VI
GENERAL
Prosecution
38. No prosecution shall be instituted for any offence under this
Adam
Act without the consent in writing of Haida & Co Prosecutor.
the Public
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Public servant
40. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against the
Commission or a member of the Commission, a member of a
committee, and an employee or agent of the Commission in respect
of any act, neglect or default done or committed by him in good
faith or any omission omitted by him in good faith in such capacity.
Obligation of secrecy
41. (1) Except for any of the purposes of this Act or for the
purposes of any civil or criminal proceedings under any written
law or where otherwise authorized 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, whether during or after his tenure of
office or employment, shall disclose any information
obtained by him in the course of his duties; and
(b) no other person who has by any means access to any
information or documents relating to the affairs of the
Commission shall disclose such information or document.
Power to employ
43. The Commission may employ and pay agents and technical
advisers, including advocates and solicitors, bankers, consultants
and other persons, to transact any business or to do any act required
to be transacted or done in the performance of its functions or for
the better carrying into effect of the purposes of this Act.
SCHEDULE
[Section 5]
1. (1) The Commission is to hold as many meetings as are necessary for the
efficient performance of its functions and such meetings are to be held at such
places and times as the Chairman may decide, provided that the Chairman shall
not allow more than two months to lapse between meetings.
2. The Chairman and four other members of the Commission shall form a
quorum at any meeting of the Commission.
Casting vote
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 so attending shall have no right to vote at the meeting or
deliberation.
(2) A person invited under subparagraph (1) shall be paid such allowances
as may be determined by the Commission.
Minutes
6. (1) The Commission shall cause minutes of all their meetings to be maintained
and kept in a proper form.
(2) The minutes made of meetings of the Commission, if duly signed, shall,
in any legal proceedings, be admissible as prima facie evidence of the facts
stated in the minutes without further proof. Adam Haida & Co
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(3) Every meeting of the Commission of which minutes have been made in
accordance with subparagraphs (1) and (2) shall be deemed to have been duly
convened and held and all members at the meeting to have been duly qualified
to act.
Procedure
8. No act done or proceedings taken under this Act shall be questioned on the
ground of—
(a) any vacancy in the membership of, or any defect in the constitution
of, the Commission; or
(b) any omission, defect or irregularity not affecting the merits of the
case.
9. The members of the Commission shall devote such time to the business of
the Commission as is necessary to discharge their duties effectively.
Act 654
LIST OF AMENDMENTS
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Act 654
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DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
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BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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