HIGHWAY AUTHORITY MALAYSIA (INCORPORATION) ACT 1980

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 231 HIGHWAY AUTHORITY MALAYSIA (INCORPORATION) ACT 1980 As at 1 July 2024 This text is ONLY AN UPDATED TEXT of the Highway Authority Malaysia (Incorporation) Act 1980 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 HIGHWAY AUTHORITY MALAYSIA (INCORPORATION) ACT 1980 … … … 9 June 1980 Date of publication in the Gazette … … … 12 June 1980 Latest amendment made by Act A1710 which came into operation on … … … 1 July 2024 Date of Royal Assent PREVIOUS REPRINTS First Reprint … … … … … 2001 Second Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 231 HIGHWAY AUTHORITY MALAYSIA (INCORPORATION) ACT 1980 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, commencement and application 2. Interpretation PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY 3. Establishment of the Authority 4. Composition of the Authority 5. Alternate members 6. Temporary exercise of functions of Chairman 7. Quorum, voting and vacancies 7A. Disclosure of interest 8. Appointment of officers and servants 9. Duties of Director General 10. Public servants 11. Functions and powers of the Authority PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION 12. Highway Authority Malaysia Fund 13. Expenses to be charged on the Fund 4 Laws of Malaysia ACT 231 Section 14. Reserve fund 15. Toll on vehicles using highways 16. Power to borrow 17. Power to invest 17A. Power to establish companies 18. Financial year and annual estimate 19. Accounts and audit 20. Annual report PART IV TRANSFER OF HIGHWAYS TO AUTHORITY 21. Transfer of highways to the Authority 21A. Withdrawal of highways from the control and management of the Authority PART V ACQUISITION OF PROPERTY 22. General power to acquire land PART VI MISCELLANEOUS 23. Power to employ agents 24. Application of Road Transport Act 1987 25. Offences 26. General penalty 26A. Prosecution 26B. Compounding offences 27. Obligation of secrecy 28. Power of Minister to issue directive 29. Power of Minister to make regulations 30. Validation of acts done in anticipation of Act 31. Indemnity for the Authority Highway Authority Malaysia (Incorporation) Section 32. Transfer of land from the Authority to the Federal Government 33. Protection against suits and legal proceedings 34. Public Authorities Protection Act 1948 35. Power to amend Schedule SCHEDULE 5 7 LAWS OF MALAYSIA Act 231 HIGHWAY AUTHORITY MALAYSIA (INCORPORATION) ACT 1980 An Act to establish the Highway Authority Malaysia to supervise and execute the design, construction, regulation, operation and maintenance of highways, to impose and collect tolls, to enter into contracts and to provide for matters connected therewith. [24 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 Highway Authority Malaysia (Incorporation) Act 1980. (2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint. (3) This Act shall apply throughout Malaysia. 8 Laws of Malaysia ACT 231 Interpretation 2. In this Act, unless the context otherwise requires— “Authority” means the Highway Authority Malaysia established under section 3; “Chairman” means the Chairman of the Authority and includes any person exercising the functions of chairman temporarily; “Director General” means the Director General of the Highway Authority Malaysia as appointed under section 8; “Fund” means the Highway Authority Malaysia Fund established under section 12; “highway” includes all traffic lanes, acceleration lanes, deceleration lanes, shoulders, median strips, climbing lanes, overtaking lanes, tunnels, vehicular box culverts, gantries, lay-bys, ancillary facilities, amenities, bridges, overpasses, underpasses, interchanges, approaches, entrance and exit ramps, toll plazas, service areas, maintenance areas, highway furniture, signs signages and other structures and fixtures and any other areas adjacent thereto, under the control and management of the Authority; “Minister” means the Minister charged with the responsibility for works; “toll” includes any levy, due, or compensation to be paid to the Authority for using the highway or any portion thereof, by vehicular or other traffic; “user” means any person who drives or operates any vehicle on the highway; “vehicle” has the meaning assigned to it in the *Road Transport Act 1987 [Act 333]. _____________________________________________________________ *NOTE—Road Transport Act 1987 [Act 333] have replaced the Road Traffic Ordinance 1958 [Ord. 49 of 1958]. Highway Authority Malaysia (Incorporation) 9 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY Establishment of the Authority 3. (1) There shall be established a body corporate by the name of “Highway Authority Malaysia” which shall have perpetual succession and a common seal and which may sue and be sued in its corporate name and, subject to and for the purposes of this Act, may enter into contracts and may acquire, purchase, take, hold movable and immovable property of every description and may convey, assign, surrender, charge, mortgage, demise, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest therein vested in the Authority upon such terms as it deems fit. (2) The Schedule shall apply to the Authority. Composition of the Authority 4. (1) The Authority shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; (b) a representative of the Ministry responsible for 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 representative; (e) the Director General, Public Works Department, Peninsular Malaysia or his representative; and (f) the Director General. 10 Laws of Malaysia ACT 231 (2) The Minister may, in addition to the persons mentioned in subsection (1), appoint to be members of the Authority not more than four other persons to represent special interests in highways for a term not exceeding two years. (3) Any member appointed under subsection (2), who ceases to be a member of the Authority shall be eligible for reappointment. Alternate members 5. (1) The Minister may, in respect of each member of the Authority other than the Chairman appoint, on the nomination of the member, one person to be an alternate member to attend, in place of the member, meetings of the Authority that the member is for any reason unable to attend. (2) When attending meetings of the Authority, an alternate member shall for all purposes be deemed to be a member of the Authority. (3) An alternate member shall, unless he sooner resigns his membership or his appointment is sooner revoked, cease to be an alternate member when the member for whom he is an alternate member ceases to be a member. Temporary exercise of functions of Chairman 6. (1) The Minister may appoint any member of the Authority to exercise the functions of the Chairman during any period in which the Chairman is for any reason unable to exercise his functions or during any period of vacancy in the office of Chairman and such member shall, during the period in which he is exercising the functions of Chairman, be deemed to be the Chairman. (2) Until an appointment is made under subsection (1) or in default of such appointment, the member appointed under paragraph 4(1)(b) shall exercise all the functions of and be deemed to be the Chairman. Highway Authority Malaysia (Incorporation) 11 Quorum, voting and vacancies 7. (1) The quorum at all meetings of the Authority shall be four members present in addition to the Chairman. (2) In the event of the votes on any question being equal the person presiding shall have a casting vote in addition to his deliberative vote. (3) The Authority may act notwithstanding any vacancy in its membership. Disclosure of interest 7A. (1) A member of the Authority or committee who has or acquires a direct or indirect interest by himself, through a member of his family or his associate in relation to any matter under discussion by the Authority or committee shall disclose to the Authority or committee, the fact of his interest and nature of that interest. (2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Authority or committee, as the case may be, in which the matter is discussed and, after the disclosure, the member— (a) shall not be present or take part in any discussion or decision of the Authority or committee, as the case may be, about the matter; and (b) shall be disregarded for the purpose of constituting a quorum of the Authority or committee, as the case may be‚ when the matter is discussed or decided upon. (3) The member of the Authority or committee who fails to disclose his interest as required under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both. 12 Laws of Malaysia ACT 231 (4) No act or proceedings of the Authority or committee shall be invalidated on the ground that any member of the Authority or committee has contravened this section. (5) For the purposes of this section— “a member of his family”, in relation to a member of the Authority or committee, includes— (a) his spouse; (b) his parent including a parent of his spouse; (c) his child including an adopted child or stepchild; (d) his brother or sister including a brother or sister of his spouse; and (e) a spouse of his child, brother or sister; and “associate”, in relation to a member of the Authority or the committee, means— (a) a person who is a nominee or an employee of the member; (b) a firm of which the member or any nominee of his is a partner; (c) a partner of the member; (d) a 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 2016 [Act 777], of which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding in the corporation. Highway Authority Malaysia (Incorporation) 13 Appointment of officers and servants 8. (1) The Authority may appoint a Director General who shall be the chief executive officer of the Authority and such number of other officers or servants as it considers necessary for the purposes of this Act. (2) The appointment of the Director General shall be with the prior approval of the Minister. (3) The Authority shall, before establishing or modifying any scheme of service for its officers or servants, including the terms and conditions of service, the salaries, allowances, and other remunerations payable, and other benefits, obtain the approval of the Minister and the concurrence of the Minister of Finance. Duties of Director General 9. (1) The Director General shall— (a) be responsible for implementing the policy decisions of the Authority and for the general administration of its affairs; (b) exercise supervision and control over all officers or servants, employed by the Authority; and (c) perform such other duties as the Authority may from time to time determine. (2) In discharging his duties, the Director General shall act under the general authority and directions of the Authority. (3) The Authority may appoint temporarily any officer of the Authority to act as the Direc