SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT

CORPORATION BILL 2007

ARRANGEMENT OF CLAUSES
PART I
PRELIMINARY
Clause
1. Short title, application and commencement
2. Interpretation
PART II
THE CORPORATION
3. Establishment of Corporation
4. Common seal
5. Membership of Corporation
6. Statutory declaration by members of Corporation
7. Tenure of office
8. Allowances of members of Corporation
9. Revocation of appointment and resignation
10. Vacation of office
11. Committees
12. Disclosure of interest
13. Disqualifications and termination of members of Corporation
14. Actions and proceedings of Corporation not affected by vacancy,
etc.
15. Duties of members of Corporation
16. Meetings
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PART III
FUNCTIONS OF CORPORATION
Clause
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
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PART VI
GENERAL
Clause
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
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Solid Waste and Public Cleansing Management
Corporation
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A BILL
i n t i t u l e d
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.
[ ]
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;
committee means a committee established by the Corporation
under section 11;
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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 ];
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.
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.
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(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.
(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.
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(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.
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
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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.
(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
the members appointed under paragraphs 5(b) to (f), shall be
vacated
(a) if he dies;
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(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;
(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.
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(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 the chairman of the committee may determine.
(11) A committee shall cause
(a) minutes of all its meetings to be maintained and kept in
a proper form; and
(b) copies of the minutes of all its meetings to be submitted
to the Corporation as soon as may be practicable.
(12) A committee may invite any person to attend any of its
meetings for the purpose of advising it on any matter under
discussion but that person shall not be entitled to vote at the
meeting.
(13) The members of a committee and any person invited under
subsection (12) shall be paid such allowances and other expenses
as the Corporation may determine.
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Disclosure of interest
12. (1) A member of the Corporation or any 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 Corporation or committee, as the case may
be, shall disclose to the Corporation or committee, as the case
may be, the fact of his interest and the nature of that interest.
(2) A disclosure under subsection (1) shall be recorded in
the minutes of the meeting of the Corporation or committee, as
the case may be, in which the matter is discussed and, after the
disclosure
(a) the member shall not be present or take part in any
discussion or decision of the Corporation or committee,
as the case may be, about the matter; and
(b) the member shall be disregarded for the purpose of
constituting a quorum of the Corporation or committee,
as the case may be,
when the matter is discussed or decided upon.
(3) A member of the Corporation 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
ten thousand ringgit or to imprisonment for a term not exceeding
six months or to both.
(4) No act or proceedings of the Corporation or a committee
shall be invalidated on the ground that any member of the
Corporation or committee has contravened this section.
(5) For the purposes of subsection (1)
a member of his family includes
(a) his spouse;
(b) his parent (including a parent of his spouse);
(c) his child (including an adopted child or stepchild);
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(d) his brother or sister (including a brother or sister of his
spouse); and
(e) a spouse of his child, brother or sister; and
his associate 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 1965, of which the member or any nominee of his
or a member of the members family is a director or
has a substantial shareholding in the corporation.
Disqualification and termination of members of Corporation
13. No person shall be appointed or shall remain as a member
of the Corporation if
(a) he is an officer of any company licensed under the Solid
Waste and Public Cleansing Management Act 2007; or
(b) he has any interest, financial or otherwise, in any
undertaking involving solid waste and public cleansing
management.
Actions and proceedings of Corporation not affected by
vacancy, etc.
14. The Corporation may act notwithstanding any vacancy in
its membership and the validity of its proceedings shall not be
affected by
(a) the absence of any member;
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(b) any defect afterwards discovered in the appointment or
qualification of any member or the constitution of the
Corporation;
(c) any omission, defect or irregularity in the convening or
conduct of a meeting; or
(d) the presence or participation of a person who is not a
member of the Corporation.
Duties of members of Corporation
15. (1) A member of the Corporation shall, at all times, act honestly
and in the best interest of the Corporation and use reasonable
diligence in the discharge of the duties of his office.
(2) A member of the Corporation or any other person who has
been a member of the Corporation shall not
(a) make improper use of any information acquired by virtue
of his position as a member of the Corporation to gain,
directly or indirectly, an advantage for himself or for
any other person; or
(b) do, say or publish anything which may be detrimental to
the interest of the Corporation.
Meetings
16. (1) The Corporation shall meet as often as may be required
but not less than four times a year.
(2) The Chairman shall preside at all meetings of the Corporation
and in his absence, the members present shall elect a chairman
amongst them and the person so elected shall preside and have
all the powers of the Chairman.
(3) The Chairman and four other members present at a meeting
of the Corporation shall constitute a quorum.
(4) The decision of the Corporation shall be adopted by a simple
majority of the votes of the members present and voting.
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(5) In the case of an equality of votes the Chairman shall
have a casting vote.
(6) A resolution in writing, signed by all members for the time
being entitled to receive notice of a meeting of the Corporation,
shall be as valid and effectual as if it had been passed at a
meeting of the Corporation duly convened and held and any such
resolution may consist of several documents in like form, each
signed by one or more members.
(7) Nothing in this section shall prevent the Chairman from
authorizing a member to use live video, television links or other
appropriate communication or multimedia facilities to participate
in any meeting of the Corporation.
PART III
FUNCTIONS OF CORPORATION
Functions of Corporation
17. (1) The Corporation shall have all the functions imposed on
it under the solid waste and public cleansing management laws
and shall also have the following functions:
(a) to recommend policies, plans and strategies including
schemes in respect of solid waste management services
and public cleansing management services to the Federal
Government;
(b) to implement such policies, plans and strategies including
schemes as decided by the Federal Government;
(c) to implement measures as decided by the Federal
Government for the improvement of any existing
solid waste management services and public cleansing
management services;
(d) to recommend the standards, specifications and codes of
practice relating to any aspect of solid waste management
services and public cleansing management services to
the Federal Government;
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(e) to monitor compliance with the standards, specifications
and codes of practice relating to any aspect of solid waste
management services and public cleansing management
services as set by the Federal Government;
(f) to implement and enforce the solid waste and public
cleansing management laws and to recommend reform
to such laws to the Federal Government;
(g) to ensure that the functions and obligations of any person
carrying out solid waste management services or public
cleansing management services are properly carried
out;
(h) to increase concerted efforts towards improving the
operational efficiency of the solid waste management
services and public cleansing management services;
(i) to implement measures to promote public participation and
to improve public awareness on solid waste management
services and public cleansing management services;
(j) to formulate and implement human resource development
and funding and cooperation programmes for the proper
and effective performance of the functions of the
Corporation;
(k) to cooperate with any corporate body or government
agency for the purpose of performing the functions of
the Corporation;
(l) to utilize all movable and immovable property of the
Corporation in such manner as the Corporation may
think expedient including the raising of loan by charging
such property;
(m) to encourage, promote, facilitate and stimulate the growth
of the solid waste management services and public
cleansing management services by various means including
arranging for the conduct of researches, assessments,
studies and advisory services;
(n) to maintain and improve the standard and level of the
solid waste management services and public cleansing
management services;
(o) to establish institutions, centres and workshops for the
undertaking of research and other activities necessary
for or related to the development of the solid waste
management services and public cleansing management
services;
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(p) to determine and impose fees, charges or other payment
for services rendered by the Corporation; and
(q) to carry out any other functions conferred upon it under the
solid waste and public cleansing management laws.
(2) The Corporation shall have all such powers as may
be necessary for, or in connection with, or incidental to, the
performance of its functions under this Act.
Delegation of functions of Corporation
18. (1) The Corporation may, in writing, delegate any of the
functions imposed or conferred on it by the solid waste and
public cleansing management laws to
(a) the Chairman;
(b) a member of the Corporation; or
(c) a committee.
(2) Any person delegated with such function shall be bound to
observe and have regard to all conditions and restrictions imposed
by the Corporation and all requirements, procedures and matters
specified by the Corporation.
(3) Any function delegated under this section shall be performed
and exercised in the name and on behalf of the Corporation.
(4) The delegation under this section shall not preclude the
Corporation from itself performing or exercising at any time any
of the delegated functions.
Direction by Minister
19. (1) The Corporation shall be responsible to the Minister.
(2) The Minister may from time to time give the Corporation
directions of a general character consistent with the provisions
of this Act relating to the performance of the functions of the
Corporation and the Corporation shall as soon as possible give
effect to such directions.
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Returns, reports, accounts and information
20. (1) The Corporation shall furnish to the Minister, and any
party as may be specified by the Minister, such returns, reports,
accounts and information with respect to its activities and finances
as the Minister may from time to time require or direct.
(2) The Director General may from time to time request the
Chief Executive Officer to furnish such returns, reports, accounts
and information with respect to the discharge of the functions of
the Corporation.
PART IV
PROVISIONS RELATING TO OFFICERS AND EMPLOYEES
Chief Executive Officer
21. (1) The Chief Executive Officer shall be appointed by the
Minister, on the recommendation of the Corporation.
(2) The Chief Executive Officer shall hold office for a term
not exceeding three years and shall be eligible for reappointment
upon the expiry of his term of office.
(3) The Chief Executive Officer shall be deemed to be an officer
or employee of the Corporation and be subject to the terms and
conditions of service as may be determined by the Corporation
with the approval of the Minister.
(4) The Chief Executive Officer shall enjoy such compensation
and such other amenities as approved by the Minister, upon
recommendation of the Corporation.
(5) The Corporation shall vest in the Chief Executive Officer
such powers and impose upon him such duties as may be determined
by the Corporation.
(6) The Chief Executive Officer shall be responsible for the
overall administration and management of the functions and the
day to day affairs of the Corporation.
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(7) The Chief Executive Officer shall have general control of
the officers and employees of the Corporation.
(8) The Chief Executive Officer shall perform such further
duties as the Minister and the Corporation may from time to time
direct.
(9) In discharging his duties, the Chief Executive Officer shall act
under the general authority and direction of the Corporation.
Temporary exercise of functions of Chief Executive Officer
22. The Minister may appoint temporarily any officer of
the Corporation to act as the Chief Executive Officer for the
period
(a) the office of the Chief Executive Officer is vacant;
(b) the Chief Executive Officer is absent from duty or from
Malaysia; or
(c) the Chief Executive Officer is, for any reason, unable to
perform the duties of his office.
Appointment of officers and employees
23. (1) The Corporation may appoint such numbers of officers
and employees as are necessary for carrying on the business and
affairs of the Corporation and such officers and employees shall
hold office for such period, receive such salaries, allowances
and benefits, and shall be subject to such terms and conditions
of service as may be determined by the Corporation with the
approval of the Minister.
(2) An officer or employee of the Corporation shall, at all
times, act in good faith and comply with such requirements,
standards, duties and code of conduct as may be determined by
the Corporation.
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Loans, scholarship, advances, etc.
24. The Corporation
(a) may provide loans, scholarships and advances to its officers
and employees subject to such terms and conditions as
the Corporation may determine; and
(b) may provide donations to any person or body of persons in
such amount and for such purposes as may be approved
by the Minister.
Payment of retirement benefits, etc.
25. The Corporation may make arrangements for the payment to
its officers and employees and their dependants of such retirement
benefits, gratuities and other allowances as the Corporation may
determine.
Corporation may adopt regulations, etc.
26. The Corporation may adopt with such modifications as it
deems fit any regulations, rules, policies, circulars and directives
enacted or issued by the Federal Government in relation to any
matter under this Part.
PART V
FINANCE
Solid Waste and Public Cleansing Management Corporation
Fund
27. (1) A fund to be known as the Solid Waste and Public
Cleansing Management Corporation Fund is established and
shall be administered and controlled by the Corporation.
(2) The Fund shall consist of
(a) such sums as may be provided by Parliament from time
to time for the purposes of the management of solid
waste and public cleansing;
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(b) all moneys derived as income from investments by the
Corporation;
(c) all moneys derived from the sale, disposal, lease or hire,
or any other dealing with, any property, mortgages,
charges or debentures vested in or acquired by the
Corporation;
(d) all moneys earned from consultancy and advisory services
and any other services provided by the Corporation;
(e) all other moneys and property which may in any manner
become payable to or vested in the Corporation in respect
of any matter incidental to its functions;
(f) sums borrowed by the Corporation under section 32;
(g) all moneys earned by the operation of any project, scheme
or enterprise financed from the Fund;
(h) all donations and contributions received from within or
outside Malaysia; and
(i) all other moneys lawfully received by the Corporation.
Expenditure to be charged on the Fund
28. The Fund shall be expended for the following purposes:
(a) paying any expenditure lawfully incurred by the
Corporation;
(b) paying for the allowances and other expenses of the members
of the Corporation and members of the committees and
the remunerations, allowances and other expenses of the
officers and employees of the Corporation, including
the granting of loans and advances, superannuation
allowances, retirement benefits and gratuities;
(c) granting loans, scholarships and advances to its employees
under section 24;
(d) paying any other expenses, costs or expenditure properly
incurred or accepted by the Corporation for the purpose
of the management of solid waste and public cleansing,
including the engagement of consultants, legal fees and
costs and other charges and costs;
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(e) purchasing or hiring equipment, machinery and any other
material, acquiring land and any assets, and erecting
buildings and carrying out any other works and undertakings
for the purpose of the management of solid waste and
public cleansing;
(f) repaying moneys borrowed under section 32 and the
interest due on the borrowed moneys;
(g) investment under section 33; and
(h) generally, paying any expenses for the purpose of the
management of solid waste and public cleansing in
general and carrying into effect the provisions of the
solid waste and public cleansing management laws in
particular.
Conservation of the Fund
29. The Corporation has the duty to conserve the Fund by so
performing its functions and exercising its powers under this Act
to secure that the total revenue of the Corporation are sufficient
to meet all sums properly chargeable to its revenue account
including depreciation and interest on capital taking one year
with another.
Expenditure and preparation of estimates
30. (1) The expenditure of the Corporation up to such amount
as may be authorized by the Minister for any one year shall be
defrayed out of the Fund.
(2) Before 1 September of each year, the Corporation shall
submit to the Minister an estimate of its expenditure, including
the expenditure for research and development programmes, for
the following year in such form and containing such particulars
as the Minister may direct.
(3) The Minister shall, before 1 January of the following
year, notify the Corporation of the amount authorized for each
description of expenditure based on the estimate prepared under
subsection (2).
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(4) The Corporation may at any time submit to the Minister a
supplementary estimate of its expenditure for any one year and
the Minister may allow the whole or any part of the additional
expenditure included in the supplementary estimate.
Bank accounts
31. The Corporation shall open and maintain an account or
accounts with such bank or banks in Malaysia as it thinks fit,
after consulting the Minister, and every such account shall be
operated upon as far as practicable by cheques signed by any
person as may be authorized by the Corporation for such purpose
from time to time.
Power to borrow
32. The Corporation may borrow, with the approval of the
Minister and the Minister of Finance at such rate of interest and
for such period and upon such terms as to the time and method of
repayment and such other terms as the Minister and the Minister
of Finance may approve, any sums required by the Corporation for
meeting any of its obligations or discharging any of its duties.
Investment
33. (1) The moneys from the Corporation Fund shall, in so
far as they are not required to be expended by the Corporation
under this Act, be invested in such manner as the Minister and
the Minister of Finance may approve.
(2) Without prejudice to the generality of subsection (1), the
Corporation may, with the approval of the Minister, acquire
and develop land and properties for or in connection with the
exercise of its powers and for this purpose may enter into such
negotiations, arrangements or agreements as may be necessary
for the effective and efficient operation of the Corporation.
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Limitations on contracts
34. The Corporation shall not, without the approval of the Minister
and the Minister of Finance, enter into any contract under which
the Corporation is to pay or receive an amount exceeding ten
million ringgit.
Financial procedure
35. Subject to this Act and the approval of the Minister, the
Corporation shall determine its own financial procedure.
Financial year
36. The financial year of the Corporation shall begin on 1 January
and end on 31 December of each year.
Accounts and reports
37. (1) The Corporation shall cause proper accounts of the Fund
and proper reports of its activities to be kept and shall, as soon as
possible after the end of each financial year, cause to be prepared
for that financial year
(a) a statement of accounts of the Corporation which shall
include a balance sheet and an account of income and
expenditure; and
(b) a statement of its activities.
(2) The Corporation shall as soon as possible send a copy of
the statement of accounts certified by the auditors and a copy
of the auditors report to the Minister and the Minister shall
cause such statement and report to be laid before both Houses
of Parliament.
(3) The Statutory Bodies (Account and Annual Reports)
Act 1980 [Act 240] shall apply to the Corporation.
PART VI
GENERAL
Institution of prosecution
38. No prosecution shall be instituted for any offence under
this Act except by or with the consent in writing of the Public
Prosecutor.
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Public servant
39. The Chairman, members of the Corporation and of any
committee, officers, employees and agents of the Corporation,
while discharging their duties under this Act as Chairman,
such members, officers, employees or agents, shall be deemed
to be public servants within the meaning of the Penal Code
[Act 574].
Public Authorities Protection Act 1948
40. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against the
Corporation or any member of the Corporation, a committee, an
officer, employee or agent of the Corporation in respect of any
act, omission, neglect or default done or committed by him in
good faith in such capacity.
Obligation of secrecy
41. (1) Except for any of the purposes of this Act or for the
purposes of any civil or criminal proceedings under any written
law or where otherwise authorized by the Corporation
(a) no member of the Corporation or any of its committees or
any officer, employee or agent of the Corporation whether
during or after his tenure of office or employment, and
no person attending any meeting of the Corporation or
any of its committees, shall disclose any information
obtained by him in the course of his duties; and
(b) no other person who has by any means access to any
information or documents relating to the affairs of
the Corporation shall disclose such information or
document.
(2) Any person who contravenes subsection (1) commits an
offence and shall, on conviction, be liable to a fine not exceeding
ten thousand ringgit or to imprisonment for a term not exceeding
six months or to both.
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Representation in civil proceedings
42. Notwithstanding any other written law
(a) in any civil proceedings by or against the Corporation;
or
(b) in any other civil proceedings in which the Corporation
is required or permitted by the court to be represented,
or to be heard, or is otherwise entitled to be represented
or to be heard,
any person authorized by the Corporation for that purpose may, on
behalf of the Corporation, institute such proceedings or appear in
such proceedings and may make all appearances and applications
and do all acts in respect of the proceedings on behalf of the
Corporation.
Power to employ
43. The Corporation may employ and pay agents and technical
advisers, including advocates and solicitors, bankers, consultants
and other persons, to transact any business or to do any act required
to be transacted or done in the performance of its functions or
for the better carrying into effect of the purposes of this Act.
Power to establish companies
44. The Corporation may, from time to time, with the approval
of the Minister and the concurrence of the Minister of Finance,
establish companies by such name as the Corporation may determine
to carry out and have the charge, conduct and management on
behalf of the Corporation of any project, scheme or enterprise
as may be determined by the Corporation in the discharge of its
functions.
Things done in anticipation of the enactment of this Act
45. All things done by any person or authority on behalf of
the Corporation in the preparation of and towards the proper
administration of this Act, and any expenditure incurred in
relation thereto, in anticipation of the enactment of this Act shall
Solid Waste and Public Cleansing Management
Corporation
27
be deemed to have been authorized by this Act, and all rights
acquired or obligations incurred on behalf of the Corporation from
anything so done shall upon the coming into operation of this Act
be deemed to be the rights and obligations of the Corporation.
EXPLANATORY STATEMENT
The Solid Waste and Public Cleansing Management Corporation Bill 2007
(the proposed Act) seeks 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 to provide
for related matters.
PART I
2. Part I of the proposed Act contains preliminary matters.
3. Clause 1 contains the short title and provisions of the application and
commencement of the proposed Act.
4. Clause 2 contains the definitions of certain words used in the proposed
Act.
PART II
5. Part II of the proposed Act provides for matters relating to the establishment
of the Corporation.
6. Clause 3 provides for the establishment of the Corporation.
7. Clause 4 allows the Corporation to have a common seal.
8. Clause 5 contains the provision on the membership of the Corporation.
9. Clause 6 requires a member of the Corporation to make a statutory
declaration on his interest in any undertaking involving solid waste management
services and public cleansing management services.
10. Cl ause 7 deal s wi t h t he t enure of offi ce of members of t he
Corporation.
11. Clause 8 provides for the payment of allowances and other expenses to
members of the Corporation.
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12. Clause 9 provides for the revocation of appointment of members of the
Corporation and their resignation.
13. Clause 10 sets out the situations in which the office of a member of the
Corporation is vacated.
14. Clause 11 empowers the Corporation to establish committees to assist
it.
15. Clause 12 requires a member of the Corporation or any committee
established by the Corporation to disclose his interest in any matter under
discussion by the Corporation or committee. Non-disclosure is an offence and
is subject to a penalty.
16. Clause 13 provides for the disqualifications and termination of members
of the Corporation.
17. Clause 14 seeks to provide that any action and proceedings of the
Corporation shall not be affected by a vacancy in its membership, etc.
18. Clause 15 imposes a duty on every member of the Corporation to
act honestly at all times in the best interest of the Corporation and to use
reasonable diligence in the discharge of the duties of his office. A member of
the Corporation or any person who has been a member of the Corporation is
prohibited from making improper use of any information acquired by virtue of
his position as a member of the Corporation to gain, directly or indirectly, an
advantage for himself or for any other person or do, say or publish anything
which may be detrimental to the interests of the Corporation.
19. Clause 16 provides for the numbers of meetings to be held by the
Corporation which should be at least four times in a year, and also the meeting
procedures.
PART III
20. Part III of the proposed Act contains provision on the functions of the
Corporation.
21. Clause 17 provides for the functions of the Corporation imposed on it
under the solid waste and public cleansing management laws.
22. Clause 18 allows the Corporation to delegate its functions to the Chairman,
a member of the Corporation and a committee of the Corporation.
23. Clause 19 confers on the Minister the power to issue general directions
to the Corporation.
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Corporation
29
24. Clause 20 places a duty on the Corporation to furnish certain returns,
reports, accounts and information to the Minister or any authority. Subclause
(2) allows the Director General to request certain returns, reports, accounts
and information with respect to the discharge of its functions from the Chief
Executive Officer.
PART IV
25. Part IV of the proposed Act contains provisions relating to officers
and employees of the Corporation.
26. Clause 21 authorizes the Minister to appoint a Chief Executive Officer
of the Corporation on the recommendation of the Corporation and such officer
shall be responsible for the overall administration and management of the
functions and the day to day affairs of the Corporation.
27. Clause 22 empowers the Minister to appoint temporarily any officer of
the Corporation to exercise the duties of the Chief Executive Officer where the
office of the Chief Executive Officer is vacant or when the Chief Executive
Officer is absent or unable to perform his functions.
28. Clauses 23, 24 and 25 deal with the appointment of the officers and
employees of the Corporation and their conditions of service, the power of
the Corporation to grant loans, scholarships and advances to its officers and
employees and to make out certain payments, such as retirement benefits and
gratuities to them. Clause 26 allows the Corporation to adopt regulations, etc.,
issued by the Federal Government in relation to any matter as regards the
officers and employees of the Corporation.
PART V
29. Part V of the proposed Act contains financial provisions.
30. Clause 27 provides for the establishment of the Solid Waste and Public
Cleansing Management Corporation Fund (the Fund).
31. Clause 28 sets out the expenditures that may be charged to the Fund.
32. Clause 29 places a duty on the Corporation to conserve the Fund.
33. Clause 30 imposes a duty on the Corporation to prepare an estimate of
its expenditure.
34. Clause 31 allows the Corporation to open and maintain bank accounts.
35. Clause 32 requires the Corporation to seek the approval of the Minister and
the Minister of Finance before it borrows money to meet its obligations.
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36. Cl ause 33 al l ows t he Corporat i on t o i nvest moneys of t he
Corporation.
37. Clause 34 requires the Corporation to seek approval of the Minister
and the Minister of Finance before it enters into a contract under which the
Corporation is to pay or receive an amount exceeding ten million ringgit.
38. Clause 35 allows the Corporation to determine its own financial
procedure.
39. Clause 36 states that the financial year of the Corporation shall begin
on 1 January and end on 31 December of each year.
40. Clause 37 requires the Corporation to keep proper accounts of the Fund
and proper reports of its activities. The Corporation is required to have its
statement of accounts and a statement of its activities for the financial year
to be sent to the Minister who will then cause such statement and report to
be laid before both Houses of Parliament. This clause also provides that the
Statutory Bodies (Accounts and Annual Reports) Act 1980 shall apply to the
Corporation.
PART VI
41. Part VI of the proposed Act contains general provisions.
42. Clause 38 requires consent of the Public Prosecutor for prosecution of
offences under the Act.
43. Clause 39 states that the Chairman, members of the Corporation, members
of the committees, officers and employees and agents of the Corporation are
deemed to be public servants for the purposes of Penal Code.
44. Clause 40 provides for the Public Authorities Protection Act 1948 to
be applicable to the Corporation, members of the Corporation, committees,
officers and servants and agents of the Corporation.
45. Clause 41 prohibits the disclosure of information relating to the affairs
of the Corporation except under certain circumstances.
46. Clause 42 deals with representation in civil proceedings by, against and
on behalf of the Corporation.
47. Clause 43 empowers the Corporation to employ technical advisers and
other consultants.
48. Clause 44 seeks to allow the Corporation to establish companies to carry
out any project as determined by it.
49. Clause 45 provides for things done in anticipation of the enactment of
the Act.
Solid Waste and Public Cleansing Management
Corporation
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FINANCIAL IMPLICATIONS
This Bill will involve the Government in extra financial expenditure the amount
of which cannot at present be ascertained.
[PN(U
2
)2597]