PORT AUTHORITIES ACT 1963

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 488 PORT AUTHORITIES ACT 1963 As at 1 December 2020 2 PORT AUTHORITIES ACT 1963 First enacted … ... ... ... … … … 1963 (Act No. 21 of 1963) Revised … … … … … … … … 1992 (Act 488 w.e.f. 18 March 1992) PREVIOUS REPRINTS First Reprint ... ... ... 2001 Second Reprint ... ... ... 2006 3 LAWS OF MALAYSIA Act 488 PORT AUTHORITIES ACT 1963 ARRANGEMENT OF SECTIONS Section 1. Short title PART I PORT AUTHORITIES 2. Establishment of port authorities 3. Functions of the authority 3A. Protection from personal liability 3B. Additional function of the authority 4. Acquisition of land by the authority 5. Transfer of property to the authority 5A. Disposal of land to the Government and the Government’s power to grant leases of same 6. Government may provide the authority with working capital 7. Port Consultative Committee 8. Finances of the authority 8A. Power to borrow money 9. Accounts and records to be open for inspection 10. Annual statement of accounts 11. Estimates of revenue and expenditure and annual report 12. Supplementary estimates 4 Laws of Malaysia ACT 488 PART II OFFICERS AND SERVANTS Section 13. Appointment of officers and servants 13A. Establishment of Port Security Force 14. Duties of General Manager 15. Power to make rules relating to salaries, provident fund scheme, etc. PART III CHARGES AND RECOVERY OF CHARGES 16. The authority may levy charges 16A. Submission of memorandum for any change in existing structure of charges 17. Recovery of charges in arrears 17A. Recovery of pilotage dues 17B. Remission of dues 18. Power to sell goods remaining in custody 18A. Power to compound or compromise claim or demand 19. Power to distrain for non-payment of charges, etc. PART IIIA LIABILITY OF THE AUTHORITY 19A. Limitation of authority’s liability in other cases 19B. Liability in respect of loading or discharging operations 19C. Goods deposited for lighterage or shipment 19D. Loss or destruction of or damage to goods other than transhipment goods deposited with the authority 19E. Loss or destruction of or damage to transhipment goods deposited with the authority 19F. Force Majeure, etc. 19G. Limitation of liability in respect of one occasion Port Authorities Section 19H. Power of High Court to consolidate claims 19I. Liability for loss under contract PART IV PORT, WHARVES AND PREMISES 20. Control of foreshores 21. Landing or shipping of cargo over quays, wharves, etc. 22. Construction of quays, wharves, etc. 23. Permit for conveyance of goods 24. Appeal 25. Minister may appoint any place for use as customs collecting centre 26. Licensed warehouse 27. Power of authority to order vessels to come alongside 28. Government’s vessels PART V BY-LAWS 29. By-laws PART VA 29A. Declaration of pilotage district 29B. The authority may require vessels to be under pilotage 29C. Authority to employ pilots 29CA. Power of Pilotage Committee to license employees of a licensed operator 29CB. Vessel to be piloted by authority pilot or employee of a licensed operator or an authorized person 29D. Appointment and functions of the Pilotage Committee 5 6 Laws of Malaysia ACT 488 Section 29E. Constitution of the Pilotage Committee 29F. Public servants 29G. Rules 29H. Examination for licence 29I. Inquiries by Pilotage Committee 29J. Submission of Pilotage Committee’s findings and recommendations to the authority 29K. Liability of the master or owner in the case of a vessel under pilotage 29L. Limitation of pilots liability when bond is given 29M. Pilotage Committee and authority not liable for loss or damage occasioned by pilots 29N. Summary proceedings 29O. By-laws regulating pilotage and conduct of pilots PART VI OFFENCES, DAMAGES, PENALTIES AND PROCEDURES 30. Refusal or neglect to appear before auditor or to produce books for inspection 31. Penalties on evading charges 32. List of all goods imported or exported to be left at office of authority 33. Penalties to extend as well to principals as servants 34. Penalty for disobeying orders of officers in charge of wharves 34A. Penalty for hindrances or obstructions to any member, officer or servant of the authority 35. Penalty for not keeping a vessel so loaded with ballast or otherwise as to be safely removed 35A. Penalties as to employment of pilot other than authority pilot 35B. Receiving or offering improper rates of pilotage 35C. Offences of an authority pilot 35D. Penalty on pilot endangering ship, life or limb Port Authorities 7 Section 35E. Failure to employ authority pilot or licensed pilot under certain circumstances 36. Penalty for giving a false draught of water 36A. Penalty for giving false statement in return, etc. 37. Penalty for throwing ballast, etc., into docks 37A. Authority to recover expenses incurred for act done pursuant to a lawful direction 38. Contravention of section 20 or 21 39. General penalty 39A. Offence committed by a body corporate: officers deemed to be guilty 40. Evasion of charges not waived by subsequent acceptance of payment 41. Recovery of damages for injury done to property of authority 41A. Power to board and seize 41B. Power of General Manager or authorized person to order scuttling or removal of vessel in case of fire 42. Offences to be tried before a Magistrate’s Court 43. Distress in the event of failure to pay damages or costs 44. Limitation of period of prosecution 45. Service on company or summons of offence 46. Conduct of prosecutions 46A. Power to compound offence PART VII NEW PORTS 47. Establishment of new ports PART VIIA EXTENSION OF THE FUNCTIONS, ETC., OF A PORT AUTHORITY TO OTHER PORTS 47A. Power of Minister to extend port authority’s functions to other ports 8 Laws of Malaysia ACT 488 Section 47B. Port authority in carrying out its extended functions shall be deemed to be an independent port authority 47C. Power of Minister to make provisions for the port authority to carry out functions PART VIIB SPECIAL POWERS 47D. Special powers in emergency PART VIII TRANSITIONAL 48. Application of this Part 49. Assistance to the authority by the Malayan Railway Administration for a period of three years 50. Transfer of undertakings 51. Repayment of loan charges to Administration 52. Transfer of officers and servants of the administration 53. Officers and servants of the Authority by virtue of subsection 52(1) to be deemed for the purpose of pensions to continue in the service of the Administration 54. Proportion of pensions and other allowances of officers and servants of the Administration to be borne by the Authority 55. Depositor in Railway Provident Fund transferred to the Authority 56. Widows’ and orphans’ pensions 57. Repeal PART IX SAVINGS 58. Savings Port Authorities PART X INTERPRETATION Section 59. Interpretation FIRST SCHEDULE SECOND SCHEDULE 9 11 LAWS OF MALAYSIA Act 488 PORT AUTHORITIES ACT 1963 An Act to provide for the establishment of port authorities, for the functions of such authorities and for matters connected therewith. [27 June 1963, L.N. 154/1963] 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: Short title 1. This Act may be cited as the Port Authorities Act 1963. PART I PORT AUTHORITIES Establishment of port authorities 2. (1) There shall be established in respect of every port specified in the first column of the First Schedule a port authority (hereinafter referred to as “the authority”) which shall be a body corporate to be known by the name specified in the corresponding second column of the Schedule, and such authority shall be established on the date specified in the third column of the said Schedule. (2) The authority shall have perpetual succession, a common seal and the power to enter into contracts and to sue and be sued. 12 Laws of Malaysia ACT 488 (3) The Second Schedule shall have effect with respect to the authority. (4) The authority shall consist of a Chairman who shall be appointed by the Yang di-Pertuan Agong and— (a) the General Manager for the time being of the port; and (b) not less than five nor more than nine members, to be appointed by the Minister: Provided that it shall be lawful for the Yang di-Pertuan Agong to appoint the General Manager as the Chairman of the authority. (5) Where the Chairman is a person other than the General Manager, then unless the Minister appoints any of the members under paragraph (4)(b) to be Deputy Chairman, the General Manager for the time being shall be Deputy Chairman. (6) A member (other than the Chairman and the General Manager) shall, unless his office is sooner resigned or revoked, hold office for one year, and shall be eligible for reappointment. (7) The Yang di-Pertuan Agong may, in the interest of the effective and economical performance of the functions of the authority and without assigning any reason, remove from office all or any of the members of the authority. (8) A temporary Chairman or member may be appointed during the temporary incapacity of the Chairman or member (whether by reason of illness or absence from Malaysia), such temporary Chairman or member to be appointed in like manner as the Chairman or member is appointed under this section. Functions of the authority 3. (1) The function of the authority shall be to operate and otherwise maintain the port in respect of which it is established, and for that purpose shall have the powers and duties provided under this Act. Port Authorities 13 (2) The authority shall have power to do all things reasonably necessary for or incidental to the discharge of its functions, and in particular— (a) to acquire by purchase, gift or otherwise movable and immovable property and any interest therein, and to dispose or otherwise deal with any moveable or immovable property or any interest thereon so acquired upon such terms and conditions as the authority may think fit; (b) to undertake all or any work of every description of or in connection with the loading, unloading and storing of goods or cargo in the port, or authorize by way of licence any company, firm person or persons to undertake such work, subject to such regulations or by-laws as the authority may from time to time make, and such licence may contain conditions which may include a condition that such work shall be undertaken under contract to the authority; (c) to construct, maintain, repair and use wharves, docks, piers and bridges within the limits of the lands vested in it, with all necessary and convenient arches, drains, culverts, fences, roads, railways and approaches; (d) subject to this Act, to levy such port dues and such general charges upon goods or cargo loaded and discharged in the port as it may deem necessary for the maintenance, improvement or development of the port; (e) to control the berthing and movement of all vessels, whether in the road or longside any quay, wharf, pier or landing place, which are vested in or are under the control of the authority; (f) to construct and maintain, repair and use engines, fire boats and other appliances for the purpose of extinguishing fire on its property and in the port; 14 Laws of Malaysia ACT 488 (g) to construct and maintain and operate vessels for the purpose of towing or rendering assistance to any vessel (whether in territorial waters or on the high seas and whether entering or leaving the port or bound elsewhere) and for the purpose of saving life or property or of recovering property lost, sunk or stranded; (h) to supply water to shipping in the port; (i) to construct, operate and maintain ferry vessels to carry passengers, vehicles and goods, and use the same for plying for hire; (j) to carry on the business