SURUHANJAYA PERKHIDMATAN AIR NEGARA ACT 2006

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 654 SURUHANJAYA PERKHIDMATAN AIR NEGARA ACT 2006 As at 1 February 2024 This text is ONLY AN UPDATED TEXT of the Suruhanjaya Perkhidmatan Air Negara Act 2006 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 SURUHANJAYA PERKHIDMATAN AIR NEGARA ACT 2006 Date of Royal Assent … … … ... 10 July 2006 Date of publication in the Gazette ... … … … 20 July 2006 Latest amendment made by Act A1699 which came into operation on … … … … ... 01 February 2024 PREVIOUS REPRINT First Reprint … … … … 2006 3 LAWS OF MALAYSIA 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 3. Establishment of the Commission 4. Common seal 5. Membership of the Commission 6. Temporary exercise of functions of the Chairman 7. Statutory declaration by members of the Commission 8. Approval to hold other office 9. Tenure of office 10. Remuneration and allowances 11. Revocation of appointment and resignation 12. Vacation of office 13. Committees 14. Disclosure of interest 4 Laws of Malaysia ACT 654 PART III FUNCTIONS AND POWERS OF 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 19A. Restriction on the use of the symbol or representation of the Commission PART IV PROVISIONS RELATING TO EMPLOYEES 20. Chief Executive Officer 21. Temporary exercise of functions of the Chief Executive Officer 22. Appointment of employees 23. Conditions of service 23A. Discipline 24. Loans, scholarships and advances 25. Payment of retirement benefits, etc. 26. Commission may adopt regulations, etc. PART V FINANCE 27. Suruhanjaya Perkhidmatan Air Negara 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 Suruhanjaya Perkhidmatan Air Negara Section 35. Financial procedure 36. Financial year 37. Accounts and reports PART VI GENERAL 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 5 7 LAWS OF MALAYSIA Act 654 SURUHANJAYA PERKHIDMATAN AIR NEGARA ACT 2006 An Act to provide for the establishment of the Suruhanjaya Perkhidmatan Air Negara with powers to supervise and regulate water supply services and sewerage services and to enforce the water supply and sewerage services laws and for related matters. [1 February 2007, P.U. (B) 39/2007] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title, commencement and application 1. (1) This Act may be cited as the Suruhanjaya Perkhidmatan Air Negara Act 2006. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. (3) This Act applies to Peninsular Malaysia and the Federal Territories of Putrajaya and Labuan. 8 Laws of Malaysia ACT 654 Interpretation 2. In this Act, unless the context otherwise requires— “committee” means a committee established by the Commission under section 13; “Fund” means the Suruhanjaya Perkhidmatan Air Negara Fund established under section 27; “employees” means persons employed by the Commission; “Chairman” means the Chairman of the Commission appointed under paragraph 5(1)(a); “water supply services” means the treatment of water abstracted from watercourses and the distribution and supply of treated water to consumers and includes the operation and maintenance of the water supply system; “sewerage services” means the collection, conveyance, treatment and disposal of sewage or sewage sludge and includes the operation and maintenance of a sewerage system and the desludging of septic tanks; “Commission” means the Suruhanjaya Perkhidmatan Air Negara established under section 3; “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. Suruhanjaya Perkhidmatan Air Negara 9 PART II THE COMMISSION Establishment of the Commission 3. (1) A body corporate by the name of “Suruhanjaya Perkhidmatan Air Negara” is established with perpetual succession and a common seal. (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 (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. (2) Until a seal is provided by the Commission, a stamp bearing the words “Suruhanjaya Perkhidmatan Air Negara” may be used and shall be deemed to be its common seal. 10 Laws of Malaysia ACT 654 (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. (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, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Commission or an employee of the Commission authorized in that behalf. (6) The common seal of the Commission shall be officially and judicially noticed. Membership of the Commission 5. (1) The Commission shall consist of the following members who shall be appointed by the Minister: (a) the Chairman; (b) the Chief Executive Officer; and (c) not less than eight but not more than ten other persons, who, in the opinion of the Minister, have experience and shown capacity and professionalism in matters relating to finance, engineering, business or administration, or to be otherwise suitable for appointment because of their special knowledge and experience. (2) The provisions of the Schedule shall apply to members of the Commission. (3) The Minister may amend the provisions of the Schedule by order published in the Gazette. Suruhanjaya Perkhidmatan Air Negara 11 Temporary exercise of functions of the Chairman 6. The Minister may appoint temporarily any member of the Commission, other than the Chief Executive Officer, to act as the Chairman for the period when— (a) the office of the Chairman is vacant; (b) the Chairman is absent from duty or from Malaysia; or (c) the Chairman is, for any other reason, unable to perform the duties of his office. Statutory declaration by members of the Commission 7. (1) No person shall be appointed as a member of the Commission unless before such appointment the person makes a statutory declaration as to whether he has any interest, financial or otherwise, in any undertaking involving water supply services or sewerage services. (2) If a member of the Commission acquires any interest, financial or otherwise, in any undertaking involving water supply services or sewerage services he shall, within one month 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. Approval to hold other office 8. The Chairman shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the Minister’s prior written approval. 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 12 Laws of Malaysia ACT 654 he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term of two years. (2) A member of the Commission shall be eligible for reappointment but no member shall hold office for more than three terms. (3) This section shall not apply to the Chief Executive Officer. Remuneration and allowances 10. (1) The Chairman shall be paid such remuneration and allowances as the Minister may determine after consultation with the Minister of Finance. (2) All other members of the Commission shall be paid such allowances at such rates as the Minister may determine after consultation with the Minister of Finance. Revocation of appointment and resignation 11. (1) The Minister may at any time revoke the appointment of any member of the Commission, other than the Chief Executive Officer, without assigning any reason for the revocation. (2) A member of the Commission, other than the Chief Executive Officer, may at any time resign from his appointment by giving a notice in writing to the Minister. 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; Suruhanjaya Perkhidmatan Air Negara 13 (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 13. (1) The Commission may establish any committee as it considers necessary or expedient to assist in the performance of its functions. 14 Laws of Malaysia ACT 654 (2) The Commission may elect any of its members to be the chairman of a committee. (3) The Commission 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 Commission 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 Commission 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 Commission. (10) The meetings of a committee sha