"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 facili

3 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-3. Establishment of the Authority.

(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.

4 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-4. Composition of the Authority.

(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.

[Am. by Act A1710/2024]

(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

5 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-5. Alternate members.

(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.

6 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-6. Temporary exercise of functions of Chairman.

(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 (b) of subsection (1) of section 4 shall exercise all the functions of and be deemed to be the Chairman.

7 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-7. Quorum, voting and vacancies.

(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.

7A PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-7A. Disclosure of interest.

(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 committ

8 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-8. Appointment of officers and servants.

(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.

9 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-9. Duties of Director General.

(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.

[Am. by Act A1710/2024]

(2) In discharging his duties, the Director General shall act under the general authority and directions of the Authority.

[(2) Ins. by Act A1710/2024]

(3) The Authority may appoint temporarily any officer of the Authority to act as the Director General for the period-

(a) when the office of the Director General is vacant;

(b) when the Director General is absent from duty or absent from Malaysia; or

10 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-10. Public servants.

All members, alternate members, officers and servants of the Authority shall be deemed to be public servants within the meaning of the Penal Code.

11 PART II ESTABLISHMENT, DUTIES AND POWERS OF THE AUTHORITY-11. Functions and powers of the Authority.

(1) The functions of the Authority are -

(a) to supervise and execute the design, construction and maintenance of highways as determined by the Federal Government;

[Am. by Act A678]

(b) to supervise and execute the design, construction and maintenance of rest and service areas and other facilities that may be deemed necessary along highways as determined by the Federal Government;

[(ba) Ins. by Act A678]

(ba) to advise the Federal Government on any matters relating to highways;

[(bb) Ins. by Act A1710/2024]

(bb) to formulate, implement and monitor the standard for highways;

[(bc) Ins. by Act A1710/2024]

(bc) to undertake the planning, design, construction, operation, management and maintenance of highways;

[(

12 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-12. Highway Authority Malaysia Fund.

(1) The Authority shall establish and administer a fund called the "Highway Authority Malaysia Fund".

(2) There shall be paid into the Fund -

(a) any grant made to the Authority from the Federal Consolidated Fund;

(b) all monies collected or paid under subsection (1) of section 15;

(c) all monies borrowed by the Authority under section 16;

(d) all monies earned or arising from any investment under section 17 or from any property, mortgages, charges or debentures, acquired by or vested in the Authority; and

(e) all other monies that may in any manner become payable to or vested in the Authority.

(3) Where there is an excess of moneys in the Fund under paragraph (2) (a) in relation to the performance of functions of the Authority under this Act, such excess of moneys shall be paid by the Authority into the Federal Consol

13 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-13. Expenses to be charged on the Fund.

The Fund shall be expended for the purpose of -

(a) defraying such expenditure as the Authority may properly incur in carrying out its functions and exercising its powers;

(b) repaying any monies borrowed by the Authority under section 16 and the interest due thereon;

(c) lending to employees of the Authority for the purpose of purchasing or building dwelling houses or purchasing conveyances on such terms and conditions as may be prescribed; and

(d) generally, paying any expenses for carrying into effect the provisions of this Act.

14 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-14. Reserve Fund.

(1) The Authority shall establish and manage a reserve fund.

(2) The payment into and out of the reserve fund shall be determined by the Authority:

Provided that no part of the reserve fund shall be applied otherwise than for the purposes of the Authority.

15 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-15. Toll on vehicles using highways.

(1) The Authority may, with the approval of the Minister and with the concurrence of the Minister of Finance, make orders for the imposition, variation, revision or abolition of toll on vehicles using highways and the orders may specify the nature, amount, rate and the manner of payment, of toll.

(2) Orders made under this section may prescribe different amounts and rates of toll for different types and categories of vehicles.

16 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-16. Power to borrow.

The Authority may borrow in such form and on such terms as may be approved by the Minister and the Minister of Finance, any money required by the Authority for meeting any of its obligations, discharging any of its functions or exercising its powers under this Act.

[Subs. by Act A1710/2024]

17 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-17. Power to invest.

The Authority may, from time to time, with the approval of the Minister of Finance, invest the Fund or any part thereof, not being immediately required for meeting the Authority's obligations or carrying out its functions-

(a) in any investment or securities authorized for the investment of trust funds by any written law for the time being in force; or

(b) in such other investment or securities as the Authority may deem fit.

17A PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-17A. Power to establish companies.

The Authority may, with the approval of the Minister and the Minister of Finance, establish companies under the Companies Act 2016 to carry out or engage in any activity which has been planned or undertaken by the Authority in the performance of its functions or the exercise of its powers under this Act.

[Ins. by Act A1710/2024]

18 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-18. Financial year and annual estimate.

(1) The financial year of the Authority shall commence on the 1st January and end on the 31st December of each year.

(2) The Chairman shall, not later than one month before the commencement of each financial year, lay before the Authority an estimate of the revenue and expenditure, including capital expenditure, of the Authority for the ensuing financial year in such detail and form as the Authority may determine.

(3) The Chairman shall cause to be sent to every member of the Authority a copy of the estimate not later than fourteen days prior to the date of the meeting at which the estimate is to be laid.

19 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-19. Accounts and audit.

(1) The Authority shall keep or cause to be kept proper accounts and other records in respect of its operation and shall prepare statements of account in respect of each financial year.

(2) The Authority shall, not later than three months after the end of its financial year, cause its accounts to be audited by the Auditor- General or any other auditor to be approved by the Auditor-General.

(3) The Authority shall, not later than the thirtieth June of each financial year, cause a copy of the statement of accounts to be transmitted to the Minister together with a copy of the observations made by the auditor on any statement of accounts or on the accounts of the Authority.

(4) The Minister shall cause a copy of every such statement and observations transmitted to him under subsection (3) to be laid on the table of each House of Parliament.

20 PART III FINANCE, REPORT AND MINISTERIAL SUPERVISION-20. Annual report.

(1) The Authority shall, not later than the thirtieth day of June of each year, cause to be made and transmitted to the Minister a report dealing with the activities of the Authority during the preceding financial year and containing such information relating to the proceedings and policy of the Authority as the Minister may from time to time direct.

(2) The Minister shall cause a copy of every such report transmitted to him under subsection (1) to be laid on the table of each House of Parliament.

21 PART IV TRANSFER OF HIGHWAYS TO THE AUTHORITY-21. Transfer of highways to the Authority.

(1) The Minister may, from time to time, by notification in the Gazette transfer or cause to be transferred to the Authority any highway or part thereof which is a Federal road under the Federal Roads Ordinance 1959 or by virtue of any other written law, and with effect from a date to be specified in the notification such highway or part thereof shall come under the control and management of the Authority.

[Subs. Act A678]

(1A) Any highway or part thereof the cost of construction of which was or is defrayed from the Fund shall come under the control and management of the Authority.

[Ins. by Act A678]

(2) All deeds, bonds, agreements, instruments and working arrangements, subsisting immediately before the commencement of this Act, affecting any of the transferred highway shall be of as full force and effect against or in favour of the Authority, and enforceable as ful

21A PART IV TRANSFER OF HIGHWAYS TO THE AUTHORITY-21A. Withdrawal of highways from the control and management of the authority.

(1) The Minister may, from time to time, by notification in the Gazette declare that any highway or part thereof shall cease to be under the control and management of the Authority with effect from a date to be specified in the notification, and for so long as the notification is in force this Act shall not apply to such highway or part thereof.

[Ins. by by Act A678]

(2) If such highway or part thereof is a Federal road under the Federal Roads Ordinance 1959 or by virtue of any other written law, or if the cost of construction of such highway or part thereof was defrayed from the Fund, then, notwithstanding the notification under subsection (1), such highway or part thereof shall continue or be deemed to be a Federal road accordingly.

[Ins. by Act A678]

(3) All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the date speci

22 PART V ACQUISITION OF PROPERTY-22. General power to acquire land.

(1) Where any immovable property, not being State land or reserved land is needed to be acquired for the purpose of this Act and cannot be acquired by agreement, such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose for the time being in force in the State in which the property is situated and any declaration required under any such written law that the land is so needed may be made notwithstanding the compensation is to be paid out of the funds of the Authority, and the said declaration shall have effect as if it were a declaration that the land is needed for a public purpose made in accordance with the said written law.

(2) Expenses and compensation in respect of any immovable property acquired under this section shall be paid by the Authority.

(3) Where any immovable property has been acquired under this section, the Authority shall take out the nec

23 PART VI MISCELLANEOUS-23. Power to employ agents.

The Authority may employ and pay agents and technical advisers including advocates and solicitors, bankers, stock brokers, surveyors or valuers or other persons, to transact any business or to do any act required to be transacted or done in the execution of its duties or for the better carrying into effect the purposes of this Act.

24 PART VI MISCELLANEOUS-24. Application of Road Traffic Ordinance.

Subject to such modification by any regulation made under this Act, the provisions of the Road Traffic Ordinance 1958 and all regulations, rules and orders made thereunder shall apply to any highway under the control and management of the Authority.

25 PART VI MISCELLANEOUS-25. Offences.

(1) Any person who deposits trash, glass, weeds, garbage or any other offensive matter within the right-of-way limits of the highways commits an offence.

[Am. by Act A1710/2024]

(2) Any person who -

(a) uses any spurious or counterfeit tickets or coupons in payment of any toll required to be paid to the Authority under this Act or attempts to use the highway without payment of toll prescribed by the Authority; or

(b) wilfully, maliciously and forcibly, breaks, damages or destroys any property of the Authority including any mechanical or electronic toll collection devices of the Authority or any appurtenances thereto,

commits an offence.

[Am. by Act A1710/2024]

26 PART VI MISCELLANEOUS-26. General penalty.

Any person who is guilty of an offence under this Act or any regulation made thereunder, for which no penalty is specifically provided, is liable on conviction to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding one year or to both.

[Am. by Act A1710/2024]

26A PART VI MISCELLANEOUS-26A. Prosecution.

No prosecution shall be instituted for any offence under this Act or any regulations made under this Act except by or with the written consent of the Public Prosecutor.

[Ins. by Act A1710/2024]

26B PART VI MISCELLANEOUS-26B. Compounding offences.

(1) The Minister may, with the approval of the Public Prosecutor, make regulations prescribing-

(a) any offence under this Act or any regulations made under this Act as an offence which may be compounded; and

(b) the method and procedure for compounding such offence.

(2) The Director General or any officer of the Authority authorized in writing by the Director General may, with the consent in writing of the Public Prosecutor, at any time before a prosecution is instituted, compound any offence which may be compounded by making a written offer to the person reasonably suspected of having committed the offence upon payment to the Director General, a sum of money not exceeding fifty per centum of the amount of the maximum fine to which the person would have been liable to if he had been convicted of the offence, within such time as may be specified in the written offer.

(3) The w

27 PART VI MISCELLANEOUS-27. Obligation of secrecy.

[Subs. by Act A1710/2024]

(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 Authority-

(a) no member of the Authority or any of its committees or any officer or servant or agent of the Authority or any person attending any meeting of the Authority or any of its committees, whether during or after his tenure of office or employment, shall disclose any information which has been obtained by him in the course of his duties; and

(b) no other person who has by any means access to any information or document relating to the affairs of the Authority 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 one hundred thousand ringgit or to

28 PART VI MISCELLANEOUS-28. Power of Minister to issue directive.

(1) The Authority shall be responsible to the Minister who may, from time to time, issue to the Authority written directive on any aspect of the functions of the Authority, and every such direction shall be binding on the Authority.

[Am. by Act A678]

(2) The Authority shall furnish the Minister with such returns, accounts and other information with respect to its property and activities, as the Minister may from time to time require.

29 PART VI MISCELLANEOUS-29. Power of Minister to make regulations.

The Minister shall have power to make regulations for the better carrying out of the provisions of this Act and such regulations may prescribe the compounding of any offence committed under this Act or any regulation made thereunder and the method thereof.

30 PART VI MISCELLANEOUS-30. Validation of acts done in anticipation of Act.

(1) All acts and things done by any person in preparation for or in anticipation of this Act and any expenditure incurred in relation thereto, which are consistent with the general intention and purposes of this Act, shall be deemed to have been authorized under this Act, and all rights and obligations acquired or incurred as a result of the doing of those acts or things including any expenditure incurred in relation thereto shall be deemed to be the rights and obligations of the Authority.

(2) For the avoidance of doubt it is declared that subsection (1) does not authorize the appointment of members, officers or servant of the Authority except in so far as to authorize the temporary appointment of such persons until proper appointments are made under this Act.

31 PART VI MISCELLANEOUS-31. Indemnity for the Authority.

The Federal Government shall indemnify the Authority against any expenses, losses or damages incurred or suffered by the Authority arising out of any claim in whatever form by any person in consequence of the Authority ceasing to have control and management of a highway or part thereof by reason of a notification under section 21A.

[Ins. by Act A678]

32 PART VI MISCELLANEOUS-32. Transfer of land from the authority to the Federal Government.

Where any land vested in the Authority is included in any highway or part thereof prescribed in a notification under section 21A, the Federal Government and the Authority shall come to an arrangement for the transfer of such land to the Federal Government.

[Ins. by Act A678]

33 PART VI MISCELLANEOUS-33. Protection against suits and legal proceedings.

No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against the Authority or any member of the Authority, member of the committee, officer or servant of the Authority, or agent of the Authority, in respect of any act, neglect or default done or omitted by it or him in good faith, in such capacity.

[Ins. by Act A1710/2024]

34 PART VI MISCELLANEOUS-34. Public Authorities Protection Act 1948.

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Authority or any member of the Authority, member of the committee, officer or servant of the Authority, or agent of the Authority, in respect of any act, neglect or default done or committed by it or him in good faith or any omission by it or him in good faith, in such capacity.

[Ins. by Act A1710/2024]

35 PART VI MISCELLANEOUS-35. Power to amend Schedule.

The Minister may, by order published in the Gazette , amend the Schedule to this Act.

[Ins. by Act A1710/2024]