PENANG PORT COMMISSION ACT 1955

Penang Port Commission LAWS OF MALAYSIA REPRINT Act 140 PENANG PORT COMMISSION ACT 1955 Incorporating all amendments up to 1 January 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 1 2 PENANG PORT COMMISSION ACT 1955 First enacted … ... ... ... ... … 1955 (Ordinance No. 56 of 1955) Revised 1974 (Act 140 w.e.f. 1 July 1974) … … … … … ... … PREVIOUS REPRINTS First Reprint ... Second Reprint ... ... ... ... ... ... ... ... ... 1997 2000 3 LAWS OF MALAYSIA Act 140 PENANG PORT COMMISSION ACT 1955 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II PENANG PORT COMMISSION Establishment, Incorporation and Constitution of the Commission 3. Establishment and incorporation of Penang Port Commission 4. Common seal 5. Constitution of the Commission 6. Disqualification of members 7. Members eligible for reappointment 8. Salaries and fees payable to members of Commission 9. Committees 10. Vacancies and irregularities in appointments 11. Members not to vote on matters in which they are interested 12. Quorum and proceedings of Commission 13. Powers of Minister in relation to Commission 13A. Port Consultative Committee Officers and Servants 14. Appointment of officers and servants 14A. Establishment of a port security force 15. Commission to frame regulations governing conditions of service 16. Provident fund, pensions and superannuation schemes 17. General Manager Laws of Malaysia 4 ACT 140 Section 18. Appointments, etc., of officers and servants 19. Officers to be deemed public servants 20. Public authorities protection Contracts 21. Power of Commission to enter into contracts for carrying on current business 22. Power of Commission to enter into contracts involving capital expenditure 23. Power to compromise 24. Power to make loans to officers and servants PART III PROPERTY OF THE COMMISSION 25. Powers of Commission as to property 25A. Disposal of land 26. Charge of State on immovable property of Commission 27. Procedure to enable the Commission to acquire land under the Land Acquisition Act 28. Power to vest reclamations, etc., in Commission 29. (Deleted) 30. Exemption from payment of licence fees 31. Water supply PART IV FINANCIAL PROVISIONS 32. Scale of rates to be framed by Commission 33. Scale of rates for use of dock, etc. 33A. Submission of memorandum for any change in existing scale of rates 34. Scales to be approved by Minister 34A. Recovery of pilotage dues 34B. Remission of dues 35. Charges for landing, shipping and transhipping goods or persons 36. Commission may make charges for matters not covered by scale 36A. Commission may levy interest charges Penang Port Commission Accounts Section 37. Keeping of accounts 38. General account of Commission 38A. Power to write off bad debt Application of Moneys and Disposal of Balances 39. Moneys credited to general account, how expended 40. Disposal of balances Annual Estimates 41. Chairman to submit annual estimate of revenue and expenditure 42. Commission may sanction or revise estimate 43. Estimate to be submitted to Minister 44. Supplementary estimate may be made when necessary Power to Borrow and Raise Capital 45. Power to issue stock, etc. 46. Power to borrow money, and secure loans by mortgage 47. Government may lend money to Commission 48. Consequences of default in payment of interest 49. (Deleted) Fulfilment of Commission’s Liabilities 50. Commission to provide for fulfilment of liabilities 51. In default the Minister may require Commission to increase rates Recovery of Rates and Sale of Undelivered Goods 52. Recovery of rates in arrears 53. Power to sell goods remaining in custody 54. Power to distrain for non-payment of rates, etc. 55. Alternative remedy by suit 5 Laws of Malaysia 6 ACT 140 Licensed Warehouses Section 56. Commission may give security for duty on goods in licensed warehouse 57. Power to revenue officers to inspect licensed warehouses PART V DUTIES AND POWERS OF THE COMMISSION 58. Duties of Commission 58A. Additional duties of the Commission 59. Powers of Commission 59A. Power of the Commission to grant a licence to any company, etc., to undertake activities in the port 59B. Powers of the Commission to enter any arrangement for sharing of profit, etc. 59C. Powers of the Commission to carry on activities which are commercial in nature 60. Control of foreshores 61. Permits for conveyance of goods and cargo within the port Regulation of use of Wharves and Premises 62. Minister may appoint places to be used for the collection of revenue duties 63. Powers of Commission to order vessels to come alongside 64. Vessels belonging to or in service of Government 65. Commission to provide free landing places By-laws 66. Commission empowered to make by-laws 67. Approval and publication of by-laws 68. Penalties for infringing by-laws 69. Copy of by-laws to be supplied by Commission 70. By-laws and scale of rates to be printed and exhibited Penang Port Commission 7 PART VA PILOTAGE Section 70A. Declaration of pilotage district 70B. Commission may require vessels to be under pilotage 70C. Commission to employ pilots 70CA.Power of Pilotage Committee to license employees of a licensed operator 70CB. Vessel to be piloted by Commission pilot or licensed person 70D. Appointment and functions of Pilotage Committee 70E. Constitution of Pilotage Committee 70F. Public servants 70G. Regulations 70H. Examination for licence 70I. Inquiries by Pilotage Committee 70J. Submission of Pilotage Committee’s findings and recommendations to Commission 70K. Liability of the master or owner in the case of a vessel under pilotage 70L. Limitation of pilot’s liability when bond is given 70M. Pilotage Committee and Commission not liable for loss or damage occasioned by pilots 70N. Summary proceedings 70O. By-laws regulating pilotage and conduct of pilots PART VB SPECIAL POWERS 70P. Special powers in emergency PART VI LIMITATION OF LIABILITY 71. Interpretation 72. Limitation of Commission’s liability in certain cases of loss of or damage to goods 73. Limitation of Commission’s liability in certain cases of loss of life or injury or damage Laws of Malaysia 8 ACT 140 Section 74. Limitation of Commission’s liability in other cases 75. Tonnage how ascertained 75A. Loss or destruction of, or damage to, goods other than transhipment goods deposited with the Commission 75B. Liability for loss under contract 75C. Loss or destruction of, or damage to, transhipment goods deposited with the Commission 75D. Force majeure, etc. 76. Limitation of liability in respect of one occasion 77. Power of High Court to consolidate claims 78. Saving for Workmen’s Compensation Act 1952 79. Commission not liable for loss due to unpunctuality of ferry boats 80. Saving of liability PART VIA EXTENSION OF THE FUNCTIONS, ETC., OF THE COMMISSION TO OTHER PORTS 80A. Power of Minister to extend Commission’s functions to other ports 80B. Commission in carrying out its extended functions shall be deemed to be an independent port authority 80C. Power of Minister to make provisions for the Commission to carry out its functions 80D. Interpretation PART VII OFFENCES, DAMAGES, PENALTIES AND PROCEEDINGS 81. Refusing or neglecting to appear before auditor, etc. 82. Penalties on evading rates 83. List of all goods imported or exported to be left at office of Commission 84. Penalties to extend as well to principals as servants 85. Evasion of rates not waived by subsequent acceptance of payment 86. Penalty for disobeying orders of wharf superintendent as to coming alongside or leaving wharves Penang Port Commission 9 Section 86A. Penalty for hindrances or obstructions to any member, officer or servant of the Commission 87. Penalty for not keeping a vessel so loaded with ballast or otherwise as to be safely removed 88. Penalty for giving a false draught of water 88A. Penalty for giving false statement 89. Penalty for throwing ballast etc., into docks 89A. Commission to recover expenses incurred for act done pursuant to a lawful direction 89B. Offence committed by a body corporate: officers deemed to be guilty 90. Recovery of damages for injury done to property of Commission 90A. Power to board vessel and seize 90B. Power of General Manager or authorized person to order scuttling or removal of vessel in case of fire 91. Damage due by one vessel to another 92. Penalties to be recovered before a Magistrate’s Court 92A. Penalties as to employment of pilot other than a Commission pilot 92B. Receiving or offering improper rates of pilotage 92C. Offences of a Commission pilot 92D. Penalty on pilot endangering ship, life or limb 92E. Failure to employ Commission pilot or licensed pilot under certain circumstances 93. Penalties to be levied by distress 94. Imprisonment in default of distress 95. Penalty to be sued for within six months 96. Damage to be made good in addition to penalty 97. Person aggrieved may appeal to High Court 98. Statement to be made in complaint or summons of offence 99. Saving of the Merchant Shipping Ordinance 100. Protection of members of Commission and officers from personal liability 101. Conduct of prosecutions 101A. Power to compound offence 10 Laws of Malaysia ACT 140 PART VIII TRANSFER OF UNDERTAKINGS AND REPEAL Property, Pending Proceedings and Contracts Section 102. Transfer to Commission of undertakings of Board and Administration. 103. Pending proceedings and existing contracts 104. Financial adjustment on transfer of Prai Wharf undertaking Transfer of Officers and Servants 105. Transfer of former officers and servants of Board and Administration 106. Election by transferred officers and servants of Administration 107. Continuance of provident funds, pension and superannuation schemes 108. Transferred officers and servants of Administration to be deemed for purpose of pensions to continue in service of Administration 109. Depositor in Malayan Railway Provident Fund transferred to the Commission 110. Widows’ and Orphans’ pension Penang Port Commission 11 LAWS OF MALAYSIA Act 140 PENANG PORT COMMISSION ACT 1955 An Act relating to the Port Commission for the Port of Penang, and for purposes connected therewith. [1 January 1956] PART I PRELIMINARY Short title 1. This Act may be cited as the Penang Port Commission Act 1955. Interpretation 2. In this Act, unless the context otherwise requires— “appointed day” means the day appointed for the coming into force of this Act; “Chairman” means the Chairman of the Commission appointed under paragraph 5(1)(a); “Commission” means the Penang Port Commission established and incorporated under this Act; “Commission pilot” means a pilot employed by the Commission pursuant to section 70C; “Consultative Committee” means the Port Consultative Committee established under section 13A; “dock” includes basins, locks, cuts, entrances, graving-docks, keel-blocks, inclined-planes, slipways, gridirons, quays, warehouses and other works and things appertaining to any dock; 12 Laws of Malaysia ACT 140 “General Manager” means the General Manager of the undertaking of the Commission appointed under section 17; “goods” includes livestock, minerals and wares and merchandise of every description; “Groups A and B officers” include the category of officers as recommended in the Report of the Royal Commission on the Remunerations and Conditions of Service in Local Authorities and Statutory Authorities; “land” includes the bed of the sea below high-water mark; “licensed operator” means a licensed operator licensed under Part III of the Ports (Privatisation) Act 1990 [Act 422]; “licensed wa