SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT CORPORATION ACT 2007

Solid Waste and Public Cleansing Management Corporation LAWS OF MALAYSIA REPRINT Act 673 SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT CORPORATION ACT 2007 As at 1 November 2017 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2017 1 2 Act 673 Laws of Malaysia SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT CORPORATION ACT 2007 Date of Royal Assent … … … … 29 August 2007 Date of publication in the Gazette … … 30 August 2007 Solid Waste and Public Cleansing Management Corporation LAWS OF MALAYSIA Act 673 SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT CORPORATION ACT 2007 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. 2. Short title, application and commencement Interpretation Part II THE CORPORATION 3. Establishment of Corporation 5. Membership of Corporation 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Common seal Statutory declaration by members of Corporation Tenure of office Allowances of members of Corporation Revocation of appointment and resignation Vacation of office Committees Disclosure of interest Disqualifications and termination of members of Corporation Actions and proceedings of Corporation not affected by vacancy, etc. Duties of members of Corporation Meetings 3 4 Laws of Malaysia Act 673 Part III FUNCTIONS OF CORPORATION Section 17. Functions of Corporation 18. Delegation of functions of Corporation 19. Direction by Minister 20. Returns, 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, scholarship, advances, etc. 25. Payment of retirement benefits, etc. 26. Corporation may adopt regulations, etc. Part V FINANCE 27. Solid Waste and Public Cleansing Management Corporation Fund 28. Expenditure to be charged on the Fund 29. Conservation of the Fund 30. Expenditure and preparation of estimates 31. Bank accounts 32. Power to borrow 33. Investment 34. Limitations on contracts 35. Financial procedure 36. Financial year 37. Accounts and reports Solid Waste and Public Cleansing Management Corporation Part VI GENERAL Section 38. Institution of prosecution 39. Public servant 40. Public Authorities Protection Act 1948 41. Obligation of secrecy 42. Representation in civil proceedings 43. Power to employ 44. Power to establish companies 45. Things done in anticipation of the enactment of this Act 5 6 Laws of Malaysia Act 673 Solid Waste and Public Cleansing Management Corporation LAWS OF MALAYSIA 7 Act 673 SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT CORPORATION ACT 2007 An Act to provide for the establishment of the Solid Waste and Public Cleansing Management Corporation with powers to administer and enforce the solid waste and public cleansing management laws and for related matters. [1 June 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 Solid Waste and Public Cleansing Management Corporation Act 2007. (2) This Act applies to Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan. (3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “member of the Corporation” means a member of the Corporation appointed under section 5; 8 Laws of Malaysia Act 673 “committee” means a committee established by the Corporation under section 11; “Chief Executive Officer” means the chief executive officer of the Corporation; “Director General” has the meaning assigned to it in section 2 of the Solid Waste and Public Cleansing Management Act 2007 [Act 672]; “Fund” means the Solid Waste and Public Cleansing Management Corporation Fund established under section 27; “Minister” means the Minister charged with the responsibility for solid waste and public cleansing management; “Chairman” means the Chairman of the Corporation appointed under section 5; “Corporation” means the Solid Waste and Public Cleansing Management Corporation established under section 3; “public cleansing management services” has the meaning assigned to it in section 2 of the Solid Waste and Public Cleansing Management Act 2007; “solid waste management services” has the meaning assigned to it in section 2 of the Solid Waste and Public Cleansing Management Act 2007; “company” has the meaning assigned to it in section 4 of the *Companies Act 1965 [Act 125]; “solid waste and public cleansing management laws” means this Act and the Solid Waste and Public Cleansing Management Act 2007, and includes any subsidiary legislations made under those laws. NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777] w.e.f. 31 January 2017. * Solid Waste and Public Cleansing Management Corporation 9 Part II THE CORPORATION Establishment of Corporation 3. (1) A body corporate by the name of “Solid Waste and Public Cleansing Management Corporation” is established. (2) The Corporation shall have perpetual succession and shall have a common seal. (3) The Corporation may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, the Corporation may, upon such terms as it deems fit— (a) enter into contracts; and (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 Corporation. Common seal 4. (1) The common seal of the Corporation shall bear a device as approved by the Corporation and the 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 “Solid Waste and Public Cleansing Management Corporation” may be used and shall be deemed to be its common seal. 10 Laws of Malaysia Act 673 (3) The common seal of the Corporation shall be kept in the custody of the Chief Executive Officer or any officer of the Corporation authorized by the Corporation and shall be authenticated by either the Chairman or by such other members 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 deed, document and other instrument which is not required to be under seal may in like manner be executed by a member of the Corporation or an officer or employee of the Corporation authorized by the Corporation in that behalf. (6) The common seal of the Corporation shall be officially and judicially noticed. Membership of Corporation 5. The Corporation shall consist of the following members who shall be appointed by the Minister: (a) the Chairman; (b) a representative of the Ministry charged with the responsibility for solid waste and public cleansing management; (c) a representative of the Treasury; (d) a representative of the Economic Planning Unit; (e) a representative of the Ministry of Natural Resources and Environment; (f) the Chief Executive Officer; and (g) not more than three other members who shall have relevant knowledge and experience. Solid Waste and Public Cleansing Management Corporation 11 Statutory declaration by members of Corporation 6. (1) No person shall be appointed as the Chairman or a member of the Corporation under paragraph 5(g) unless before such appointment the person makes a statutory declaration as to whether he has any interest, financial or otherwise, in any undertaking involving solid waste management services and public cleansing management services. (2) If a member of the Corporation acquires any interest, financial or otherwise, in any undertaking involving solid waste management services and public cleansing management services he shall, within thirty days after such acquisition, give notice in writing to the Minister specifying the interest acquired, and the Minister may, after taking the matter into consideration, if he thinks fit, declare that the member has vacated his office. Tenure of office 7. (1) The Chairman and members of the Corporation appointed under paragraph 5(g) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding two years and shall be eligible for reappointment upon the expiry of his term of office, but shall not be appointed for more than three consecutive terms. (2) This section shall not apply to the Chief Executive Officer. Allowances of members of Corporation 8. The Chairman and members of the Corporation, other than the Chief Executive Officer, shall be paid such allowances and other expenses at such rates as the Minister may determine. Revocation of appointment and resignation 9. (1) The Minister may at any time revoke the appointment of any member of the Corporation, other than the members appointed under paragraphs 5(b) to (f), without assigning any reason for the revocation. 12 Laws of Malaysia Act 673 (2) A member of the Corporation, other than the Chief Executive Officer, may at any time resign from his appointment by giving a written notice to the Minister. Vacation of office 10. The office of a member of the Corporation, other than the members appointed under paragraphs 5(b) to (f), shall be vacated— (a) if he dies; (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 Corporation or otherwise, has been such as to bring discredit on the Corporation; (d) if he becomes a bankrupt; (e) if he is of unsound mind or otherwise incapable of discharging his duties; (f) in the case of the Chairman, if he absents himself from three consecutive meetings of the Corporation without leave of the Minister; (g) in the case of a member of the Corporation other than the Chairman, if he absents himself from three consecutive meetings of the Corporation without leave in writing of the Chairman; Solid Waste and Public Cleansing Management Corporation 13 (h) if his appointment is revoked by the Minister; or (i) if his resignation is accepted by the Minister. Committees 11. (1) The Corporation may establish any committee as it considers necessary or expedient to assist it in the performance of its functions. (2) The Corporation may elect 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 a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment. (5) The Corporation may revoke the appointment of any member of a committee without assigning any reason for the revocation. (6) A member of a committee may, at any time, resign by giving a notice in writing to the chairman of the committee. (7) The Corporation may, at any time, discontinue or alter the constitution of a committee. (8) A committee may regulate its own procedure. (9) A committee shall be subject to, and act in accordance with, any direction given to it by the Corporation. (10) The meetings of a committee shall be held at such times and places as