"Authority"  means the Bintulu Port Authority established under section 3;

  "Authority pilot"  means a pilot employed by the Authority under section 55;

  "Chairman"  means the Chairman of the Authority appointed under section 4 (1) (a) ;

  "charges"  includes tolls, dues, rents and other rates leviable under this Act or any rules or by-laws made thereunder;

  "docks"  includes basins, locks, cuts, entrances, graving-docks, keel-blocks, inclined-planes, slipways, gridirons, quays, warehouses and other works and things appertaining to docks;

  "General Manager"  means the General Manager of the Port appointed under

3 PART II BINTULU PORT AUTHORITY-3. Establishment of Bintulu Port Authority.

(1) There is established in respect of Bintulu Port a port authority to be known as the Bintulu Port Authority.

(2) The Authority shall-

(a) be a body corporate with perpetual succession and a common seal;

(b) subject to sections 8 and 10, be capable of purchasing or otherwise acquiring, being vested with by way of gift or otherwise, holding or disposing of, movable and immovable property, including any interest therein;

(c) be capable of entering into contracts and suing and being sued;

and the Authority may do and suffer all such other acts and things as bodies corporate may do and suffer.

4 PART II BINTULU PORT AUTHORITY-4. Constitution of Authority.

(1) The Authority shall consist of -

(a) a Chairman who shall be appointed by the Minister;

(b) the General Manager; and

(c) not less than five nor more than nine members to be appointed by the Minister:

Provided that it shall be lawful for the Minister to appoint the General Manager to be the Chairman.

(2) Where the Chairman is a person other than the General Manager, then unless the Minister appoints any of the members appointed under subsection (1) (c) to be the Deputy Chairman of the Authority, the General Manager shall be the Deputy Chairman.

(3) A temporary Chairman or temporary member may be appointed as provided in subsection (1) during the temporary incapacity through illness, or during the temporary absence from the State of Sarawak or from Malaysia, of the Chairman or member, and the provisions of this Act which apply in relation to

5 PART II BINTULU PORT AUTHORITY-5. Functions of Authority.

(1) The functions of the Authority shall be to develop, control and administer and otherwise operate and maintain the Port, and for the performance of its functions it shall have the powers and duties provided under this Act.

(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 undertake all or any work of every description in connection with the Port as the Authority may think fit, or authorise by way of licence any person to undertake such work, subject to rules or by-laws made by the Authority, and Such licence may contain such conditions as the Authority may think fit to impose;

(b) to construct, maintain and use wharves, docks, piers and bridges within the limits of the area vested in the Authority, with all necessary and convenient arches, drains, culverts, fences, roads, railways and approache

5A PART II BINTULU PORT AUTHORITY-5A. Power of Authority to enter into any arrangement for sharing of profits, etc.

The Authority, with the approval of the Minister and the concurrence of the Minister of Finance, may-

(a) enter into any arrangement for sharing profits, union of interests, cooperation or joint venture with any person or body of persons;

(b) establish or promote the establishment and expansion of companies under the Companies Act 1965.

5B PART II BINTULU PORT AUTHORITY-5B. Additional function of the Authority.

(1) In addition to the functions provided under this Act, the Authority may, with the approval of the Minister, operate any port related activities.

(2) In the exercise of the function in subsection (1) the Authority may expend such moneys as are necessary.

(3) For the purposes of this section,   "port-related activities"  means-

(a) activities performed outside a port which relate to any function or duty of the Authority to operate or maintain a port or the transportation of goods through the port; or

(b) the development, operation or maintenance outside the port of marinas and other properties necessary for the furtherance of any function or duty of the Authority.

[Ins. Act A831]

6 PART II BINTULU PORT AUTHORITY-6. Duties of Authority.

In the discharge of its functions, the Authority shall -

(a) maintain, or provide for the maintenance of, adequate and efficient port services and facilities (including ferry services) at reasonable charges for all users of the Port, consistent with public interest;

(b) provide pilotage services within the limits of the Port and the approaches to the Port;

(c) provide such number of public landing-places as are in the opinion of the Authority sufficient;

(d) co-ordinate the activities in, and promote the improvement and development of, the Port; and

(e) do such acts and things as may be necessary towards the performance of the duties of the Authority mentioned in this section.

7 PART II BINTULU PORT AUTHORITY-7. Powers of Minister in relation to Authority.

(1) The Minister may, after consultation with the Authority, give to the Authority directions of a general character and not inconsistent with this Act as to the exercise and performance of its functions and duties in relation to matters which appear to him to affect the interests of Malaysia and the Authority shall give effect to all such directions.

(2) In framing programmes of re-organisation or development involving substantial capital outlay, the Authority shall act on guidelines laid down from time to time with the approval of the Minister.

8 PART II BINTULU PORT AUTHORITY-8. Power of Authority as to property.

(1) No acquisition or disposal of immovable property by the Authority, including an interest in the form of a lease of such property for a term exceeding three years or a mortgage of such property, shall be valid unless such acquisition, disposal, lease or mortgage has been made with the approval of the Minister in writing.

(2) The Authority shall cause any property purchased or otherwise acquired, vested by way of gift or otherwise, or disposed of to be valued at the date of its purchase or acquisition, vesting or disposal, and shall forthwith cause details of such valuation to be shown on its accounts.

(3) For the purposes of this Act, the Minister may, with the concurrence of the Minister of Finance, by order in the Gazette transfer to the Authority such movable and immovable property vested in or belonging to the Government as may be specified in the order, and any such property so transferred shall vest in the Authority wi

9 PART II BINTULU PORT AUTHORITY-9. Acquisition of immovable property by Authority.

When the Authority is unable to acquire by agreement any immovable property required for the purposes of this Act, proceedings may be taken by the Government for acquiring the same on behalf of the Authority in accordance with the provisions of the Federal Constitution relating to the acquisition of land for federal purposes.

9A PART II BINTULU PORT AUTHORITY-9A. Disposal of land.

For the avoidance of doubt, where any interest in land is vested in the Federation for purposes of the Port, it shall be lawful for the Federation pursuant to Article 86 of the Constitution, to dispose of such interest in land to any person or body of persons for use by such person or body of persons for any federal purposes.

10 PART II BINTULU PORT AUTHORITY-10. Power of Authority to lease or grant licences in respect of foreshore.

(1) The Authority may, for such rents or other payments, and periods, and subject to such convenants, conditions and restrictions as it thinks proper, lease or grant licences, under the hand of the Chairman, to any person to occupy or use any part of the foreshore which is vested in the Authority.

(2) Notwithstanding section 8 (1), no lease or licence granted under subsection (1) for a period exceeding twelve months shall be valid unless the same has been made with the approval of the Minister in writing.

(3) The powers under subsections (1) and (2) shall not be exercised so as to cause any obstruction to navigation without first obtaining the approval of the Minister in writing.

11 PART II BINTULU PORT AUTHORITY-11. Port Consultative Committee.

(1) For the purpose of advising the Authority, the Minister may appoint a Port Consultative Committee (referred to in this section as "the Committee") which shall consist of -

(a) the Chairman of the Authority as chairman of the Committee;

(b) the General Manager, where he has not been appointed to be the Chairman of the Authority; and

(c) such other persons as the Minister may determine.

(2) In appointing members under subsection (1) (c) , the Minister shall have regard to any representations relating thereto made by users of the Port and by persons providing port services.

(3) The Authority may consult the Committee on any matter concerning the Port and shall, if the Committee has been appointed, consult it upon the following matters -

(a) any Substantial alteration in the charges or scales of charges levied by the Author

12 PART II BINTULU PORT AUTHORITY-12. Working capital of Authority.

The Authority may be provided with such sums of money for its working capital as the Dewan Rakyat may determine; and any sums so provided shall be subject to such terms and conditions as the Minister of Finance may specify.

13 PART II BINTULU PORT AUTHORITY-13. Finances and accounts of Authority.

(1) The Authority shall keep proper and regular accounts and other records of moneys received and paid by the Authority and the several purposes for which such moneys have been received or paid, and of its assets, credits and liabilities.

(2) The revenues of the Authority for any financial year shall be applied in defraying the following charges for that year -

(a) working and establishment expenses;

(b) the maintenance, depreciation and renewal of the property, and the discharge of the functions, of the Authority properly chargeable to revenue;

(c) interests on loans and repayments of moneys borrowed; and

(d) such capital expenditure as the Authority may determine to charge to the revenues.

(3) The amount remaining of the revenues of the Authority for any financial year, after defraying the charges referred to in subsection (2), shall be appl

13A PART II BINTULU PORT AUTHORITY-13A. Power to borrow money.

The Authority may, from time to time with the approval of the Minister of Finance, borrow, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions under this Act and may secure the repayment of any sum borrowed by way of a mortgage or charge, legal or equitable, of any property vested in the Authority or of any revenue received by the Authority under this Act.

[Ins. Act A831]

14 PART II BINTULU PORT AUTHORITY-14. Investment of moneys not immediately required to be expended, and contributions to charity.

(1) Moneys which are not immediately required to be expended in the discharge of any of the functions of the Authority shall, if invested, be invested by the Authority in investments authorised by any written law for the investment of trust funds, or in such other investments or securities as may be approved by the Minister of Finance, or may be deposited in a bank or financial institution approved by him:

Provided that the Authority shall not invest moneys in securities issued or registered, or other property situated, outside Malaysia except with the approval in writing of the Minister of Finance to the making of that investment.

(2) The Authority may, with the approval of the Minister, make financial contributions to its staff or to public or charitable objects.

[Ins. Act A831]

15 PART II BINTULU PORT AUTHORITY-15. Inspection and audit of accounts.

The accounts and records of the Authority shall at all times be open to the inspection of-

(a) any member of the Authority;

(b) the Auditor-General or an auditor specially authorised by the Auditor-General to inspect the accounts and records;

(c) any other person specially authorised by the Minister to inspect the accounts and records.

16 PART II BINTULU PORT AUTHORITY-16. Books of accounts and records to be kept at head office.

The books of accounts and records of the Authority shall be kept at its head office but may be removed therefrom where authorised by any written law.

17 PART II BINTULU PORT AUTHORITY-17. Statutory Bodies (Accounts and Annual Reports) Act 1980 to apply.

The provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 shall apply in respect of the Authority.

18 PART II BINTULU PORT AUTHORITY-18. Authority to furnish Minister with certain returns and other reports and information.

The Authority shall furnish to the Minister such financial and statistical returns and such other reports and information of its financial position, property, activities, proceedings, policy and proposed undertakings as the Minister may from time to time require.

19 PART II BINTULU PORT AUTHORITY-19. Estimates of revenue and expenditure.

(1) Not later than three months before the commencement of the financial year to which they relate, the annual estimates of revenue and expenditure (including capital expenditure) shall be submitted by the Authority to the Minister for his approval and the Minister may at any time within one month of receipt of the same, disallow or amend any item of capital expenditure appearing in such estimates, or any portion thereof, and return the same to the Authority for amendment.

(2) The Authority shall forthwith amend any estimates returned to it under subsection (3) and shall resubmit such estimates (as amended) to the Minister.

20 PART II BINTULU PORT AUTHORITY-20. Supplementary estimates.

(1) The Authority may at any time during the year for which estimates have been approved under section 19 cause supplementary estimates to be prepared and submitted to the Minister.

(2) The provisions of section 19 shall mutatis mutandis apply to supplementary estimates as they apply to annual estimates of revenue and expenditure.

21 PART III OFFICERS AND SERVANTS-21. Appointment of officers and servants.

(1) The Authority may from time to time appoint and employ, at such remuneration and on such terms and conditions as it may think fit, such officers and servants (including a General Manager and Deputy General Manager) as may be necessary for the purposes of this Act:

Provided that the Authority shall not appoint any person to be the General Manager or Deputy General Manager unless and until the approval of the Minister has been obtained.

(2) The expression "Authority" in this section, in relation to the appointment of the General Manager, means the Authority consisting of the Chairman and the members appointed under section 4 (1) (c) .

22 PART III OFFICERS AND SERVANTS-22. Establishment of Port security force.

(1) The Authority may, with the approval of the Minister, establish a security force for keeping order and security within the area vested or deemed to be vested in, or in the possession or under the control of, the Authority.

(2) The security force shall consist of such persons as may be appointed under section 21 (1).

(3) Notwithstanding any written law to the contrary, a member of the security force shall have the power to arrest without warrant any person found without lawful excuse within the area vested in, or in the possession or under the control of, the Authority.

(4) Every person arrested pursuant to subsection (3) shall be taken to the nearest police station as soon as possible.

(5) Any rules made under section 24 shall unless expressly excluded therein apply to members of the security force established under this section.

23 PART III OFFICERS AND SERVANTS-23. Duties of General Manager.

The General Manager shall, subject to the directions of the Authority on matters of policy, exercise supervision and control over the acts and proceedings of all officers and servants of the Authority in matters of executive administration and in matters concerning the accounts and records of the Authority, and, subject to any rules made under this Act, deal with matters relating to the service of such officers and servants and their pay, privileges and allowances.

24 PART III OFFICERS AND SERVANTS-24. Power to make rules.

(1) The Authority may with the approval of the Minister make rules for or in respect of the salaries, allowances and conditions of service of its officers and servants generally.

(2) Without prejudice to the generality of subsection (1), the rules may provide -

(a) for retirement benefits to officers and servants of the Authority who retire or otherwise cease to hold office as such officers and servants; and

(b) for the making of loans to officers and servants of the Authority for such purposes as may be approved by the Minister, having, regard to the purposes for which persons in the employment of the Government are granted loans.

(3) The following provisions shall apply to any rules made by virtue of subsections (2) (a) and 2 (b) -

(a) no donation, contribution, gratuity, allowance or other payment payable under such rules, nor a

25 PART III OFFICERS AND SERVANTS-25. Public servants for purposes of Penal Code.

All members, officers and servants of the Authority and all members of the Port Consultative Committee, the Pilotage Committee and a committee of the Authority shall be deemed to be public servants within the meaning of the Penal Code.

26 PART III OFFICERS AND SERVANTS-26. Application of Public Authorities Protection Act 1948, and protection from personal liability.

(1) The Public Authorities Protection Act 1948 shall apply to any action, suit, prosecution or proceeding against the Authority, or against any member, officer, servant or agent thereof in respect of any act, neglect or default done or committed by him in that capacity.

(2) No matter or thing done and no contract entered into by the Authority and no matter or thing done by a member, an officer, a servant or an agent of the Authority acting under the direction of the Authority shall, if the matter or thing was done or the contract entered into bona fide for the purposes of this Act, subject such member, officer, servant or agent personally to any action, liability, claim or demand in respect thereof, and expenses incurred by the Authority or such member, officer, servant or agent in connection therewith shall be paid out of the funds of the Authority.

27 PART IV CHARGES AND RECOVERY OF CHARGES-27. Authority may levy charges.

(1) The Authority may levy charges in respect of services, works or facilities rendered, performed or provided in the exercise of its functions under this Act and for that purpose it shall with the approval of the Minister from time to time prescribe charges or scales of charges and impose penalties or interests for late payment of any dues in respect of all or any of the following matters -

[Ins. Act A831]

(a) the landing, shipping, wharfage, lighterage, cranage and storage of goods, and the use of the Authority's vessels and vehicles and demurrage thereon;

(b) the mooring of vessels and boats;

(c) the carriage of goods by vehicles (whether plying for hire or otherwise);

(d) the embarkation and landing of persons;

(e) the carriage of passengers, vehicles, animals and goods by a ferry service maintained by the Authority;

27A PART IV CHARGES AND RECOVERY OF CHARGES-27A. Submission of memorandum for any change in existing structure of charges.

(1) Any person or body of persons licensed under this Act or the Ports (Privatisation) Act 1990 shall prepare and submit to the Authority a memorandum for any charge in the existing structure of charges prescribed under any by-laws made under section 67 for the approval of the Minister.

[Sub. Act A937]

(2) Where no reply is received from the Authority as regards the memorandum submitted under subsection (1) within six months of its submission, the change in the existing structure of charges as contained in the memorandum shall take effect on the expiration of such period.

(2A) Where a reply is received from the Authority as regards the memorandum submitted under subsection (1) indicating the decision of the Authority to disallow the change in the existing structure of charges as contained in the memorandum, any person or body of persons who is aggrieved by the decision of the Authority may, within fourteen

28 PART IV CHARGES AND RECOVERY OF CHARGES-28. Charges to become due and payable where request withdrawn without reasonable notice.

Any charges prescribed under this Act for any services, works or facilities shall become due and payable as if such services, works or facilities had been rendered, performed or provided, if the request for the services, works or facilities was withdrawn or cancelled without reasonable notice thereof being given to the Authority.

29 PART IV CHARGES AND RECOVERY OF CHARGES-29. Recovery of charges in arrears.

(1) The Authority shall in the case of charges which have not been paid in respect of any goods have a lien on such goods and shall be entitled to seize and detain such goods until the charges are fully paid.

(2) Such lien shall have priority over all other liens and claims, except claims for moneys payable to the Government.

(3) Charges in respect of goods to be -

(a) landed;

(b) shipped; or

(c) removed from the premises of the Authority,

shall be payable respectively -

(i) on the landing of the goods;

(ii) before the goods are shipped; or

(iii) on demand.

30 PART IV CHARGES AND RECOVERY OF CHARGES-30. Recovery of pilotage dues.

(1) The Authority may with the approval of the Minister from time to time by notification in the Gazette -

(a) prescribe the pilotage dues which shall be paid to the Authority by the master or owner of every vessel; and

(b) define the circumstances and conditions under which pilotage dues are to be recoverable in respect of the services of an Authority pilot.

(2) If a vessel having on board an Authority pilot leads another vessel having no Authority pilot on board, the Authority shall be entitled to the full pilotage dues as if the Authority pilot had actually been on board and had piloted that other vessel.

(3) The Authority may, if it thinks fit, remit the whole or any part of pilotage dues paid.

(4) The Authority may with the approval of the Minister exempt, upon such conditions as it may impose, any vessel or classes of vessels from any pilotage dues payab

31 PART IV CHARGES AND RECOVERY OF CHARGES-31. Power to sell goods remaining in custody.

(1) Subject to this section and without prejudice to section 33, the Authority may, where any goods which have been placed in its custody are not removed therefrom within a period of twenty-one days from the time when such goods are so placed in custody, at the expiration of such period sell by public auction any or all of such goods as are still in its custody:

Provided that -

(a) in the case of goods for which a through bill of lading has been issued there shall be substituted a period of forty-two days for the period of twenty-one days referred to in this subsection; and

(b) if the goods are of a perishable nature the Authority may direct their removal within such shorter period (not being less than twenty-four hours after the landing) as the Authority may think fit, and the power of sale of the goods may be exercised at the expiration of such period.

(2) For the purposes o

32 PART IV CHARGES AND RECOVERY OF CHARGES-32. Power to compound or compromise claim or demand.

The Authority may compound, or compromise for or in respect of, any claim or demand made against it, for such sum of money or other compensation as it deems sufficient.

33 PART IV CHARGES AND RECOVERY OF CHARGES-33. Power to distrain for non-payment of charges.

(1) Where the master of a vessel fails to pay any charges or part thereof payable on demand under this Act or any rules or by-laws made thereunder, the Authority may distrain or arrest the vessel and the tackle, apparel, furniture or other article belonging to the vessel and detain the same until the charges are paid.

(2) Where any part of the charges or the costs of the distress, arrest or detention of the vessel, tackle, apparel, furniture or other article remain unpaid for the space of fourteen days next after any such distress, arrest or detention, the Authority may cause the vessel or the other articles so distrained, arrested or detained, to be sold, and may apply the proceeds thereof to satisfy such charges and costs (including the costs of the sale) and the Authority shall pay the balance thereof (if any) to the master of the vessel on demand;

(3) Where the Authority has given to the officer of the Government whose duty it is to

34 PART V LIABILITY OF THE AUTHORITY-34. Limitation of Authority's liability.

(1) The Authority shall not where, without its actual fault or privity, any loss or damage, not being loss or damage provided for by this Part, is caused to a vessel, or to a train, vehicle, animals, goods or other things whatsoever on board a vessel, be liable to damages beyond an aggregate amount not exceeding in the currency of Malaysia the equivalent of eight pounds sterling for each ton of the tonnage of the vessel.

(2) For the purposes of this Part, the tonnage of vessels shall be ascertained from the register of such vessels which shall be sufficient evidence that the gross tonnage and the deduction therefrom and the registered tonnage are as therein stated.

35 PART V LIABILITY OF THE AUTHORITY-35. Liability in respect of loading or discharging operations.

The Authority shall not, without its actual fault or privity, be liable to damages -

(a) in respect of personal injury or death caused to any person;

(b) for loss or damage to any goods, merchandise or other things whatsoever,

where such injury, death, loss or damage is caused by or arises out of the operation of loading onto or discharging from a vessel of goods or any work incidental thereto.

36 PART V LIABILITY OF THE AUTHORITY-36. Goods deposited for lighterage or shipment.

Any goods, merchandise or other things deposited with or placed in the custody of the Authority for the purpose of lighterage or shipment shall remain in the custody or control of the Authority at the sole risk and expense of the owner thereof.

37 PART V LIABILITY OF THE AUTHORITY-37. Loss, destruction of or damage to goods other than transhipment goods deposited with Authority.

(1) The Authority and any person authorised by it shall, in respect of any other than transhipment goods deposited with or placed in the custody or control of the Authority for the purpose of delivery, be deemed to be the agent of the owner of the vessel discharging goods irrespective of whosoever pays or is to pay any charges or duties in respect of the goods.

(2) Neither the Authority nor any person authorised by it shall, in acting as an agent under subsection (1), be liable -

(a) either in damages or in any other respect for loss caused to a person by reason of short delivery of any goods deposited or placed in the custody or control of the Authority or any failure by the Authority to deliver or account for the same; or

(b) for damage to, or destruction of, such goods in a sum of more than one thousand ringgit per package or unit unless the nature and value of the goods contained therein have p

38 PART V LIABILITY OF THE AUTHORITY-38. Loss or destruction of or damage to transhipment goods deposited with Authority.

In respect of any transhipment goods delivered by a person to, or placed by a person in the custody of, the Authority, the Authority shall, from time of acknowledgement of the receipt of such goods and until delivery of such goods alongside the on-carrying vessel for loading, be liable, subject to section 39, for the loss or destruction of, or damage to, such goods:

Provided that the Authority shall not be liable for any such loss, destruction or damage in a sum of more than one thousand ringgit per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the Authority, been declared in writing to the Authority by the person delivering or causing the same to be delivered, and the Authority shall not in any event be liable therefor where the value of any such goods has been misstated.

39 PART V LIABILITY OF THE AUTHORITY-39. Force majeure, etc.

Sections 37 (2) (b) and 38 shall not impose on the Authority or any person duly authorised by it any liability for the loss or destruction of, or damage to, any goods arising from -

(a) fire or flood, unless caused by the actual fault or privity of the Authority;

(b) an act of God;

(c) an act of war or of public enemies;

(d) seizure under any legal process;

(e) quarantine restrictions;

(f) any act, omission or default of the owner or carrier of the goods;

(g) strikes, lockouts or stoppages or restraints of labour from whatever cause, whether partial or general;

(h) riots and civil commotion;

(i) saving or attempting to save life or property;

(j) insufficient or improper packing, defective or insufficient marks or leakage from defective drums, containers or package

40 PART V LIABILITY OF THE AUTHORITY-40. Limitation of liability in respect of one occasion.

The limitation or liability under this Part shall relate to the whole of any losses and damages which may arise upon any one distinct occasion, although such losses or damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any written law and notwithstanding anything contained in such written law.

41 PART V LIABILITY OF THE AUTHORITY-41. Exemption from liability for failure to run ferry boat as advertised.

The Authority shall be exempt from all liability in respect of any loss or damage whether arising from the variation in the time of departure or arrival of any of its ferry boats or by reason of its failure to run any ferry boat as advertised or at all.

42 PART V LIABILITY OF THE AUTHORITY-42. Power of High Court to consolidate claims.

Where any liability is alleged to have been incurred by the Authority in respect of loss of life, personal injury or loss of or damage to vessels, trains, vehicles, animals, goods or other things whatsoever, and several claims are made or apprehended in respect of that liability, then the Authority may apply to the High Court, and that Court may determine the amount of the Authority's liability and may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such rules as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the Authority, and as to payment of any costs as the Court thinks just.

43 PART V LIABILITY OF THE AUTHORITY-43. Liability for loss under contract.

(1) Notwithstanding this Part, the Authority shall, on application made to it by the owner of a vessel, enter into a contract with that owner whereby the Authority shall accept liability for any loss caused by reason of short delivery by the Authority of any goods deposited with or placed in the custody or control of the Authority or any failure by the Authority to deliver or account for the same; and for the purposes of this section, the Authority may prescribe the terms and conditions of the contract and may, with the approval of the Minister, from time to time prescribe the rates to be levied:

Provided that the Authority may in its discretion refuse to enter into such contract unless the contract is in respect of all of the goods to be loaded into or discharged from a vessel, as the case may be.

(2) Nothing in this Part shall affect the liability of the Authority under any written law relating to compensation to workmen.

<

44 PART VI PORT, WHARVES AND PREMISES-44. Control of foreshores.

The Authority shall have control of the use of foreshores within the Port and no goods or cargo shall be handled across, over or under such foreshores without the written permission of the Authority or otherwise than in accordance with such conditions as the Authority may prescribe.

45 PART VI PORT, WHARVES AND PREMISES-45. Landing or shipping of cargo over quays, wharves, etc.

No goods or cargo shall be handled across or over any quay, wharf, dock, pier or other place without the written permission of the Authority or otherwise than in accordance with such conditions as the Authority may prescribe.

46 PART VI PORT, WHARVES AND PREMISES-46. Construction of quays, wharves, etc.

(1) The Authority shall have jurisdiction over the construction or alteration of any quay, wharf, dock, pier or similar work and no such construction or alteration shall take place within the Port without the written permission of the Authority which, before granting such permission, may require the submission of plans of the proposed construction or alteration.

(2) Any person who acts in contravention of subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit and if ordered so to do shall remove the construction or alteration at his own expense.

47 PART VI PORT, WHARVES AND PREMISES-47. Permit for conveyance of goods.

(1) No vessel shall be used for the conveyance of goods or cargo from one place to another within the Port except under and in accordance with a permit granted by the Authority.

(2) A permit may be granted in respect of one vessel or more or to one person or more.

(3) Any person to whom a permit is granted under this section shall from time to time supply to the Authority such information as the Authority may reasonably require relating to the nature and amount of the goods and cargo conveyed in accordance with the permit in any specified period, and for this purpose the person shall keep records thereof.

(4) Any failure to supply the information or to keep the records required under subsection (3) shall be deemed to be a breach of the conditions of the permit.

(5) The Authority may exempt from the requirements of this section any vessel or class or vessels of less than ten tons gross tonnage and it may also, without ass

48 PART VI PORT, WHARVES AND PREMISES-48. Appeal.

Any person aggrieved by the refusal of the Authority to grant a permit under this Part, or by the cancellation or suspension of a permit already granted, may, not later than one month from the date of such refusal, cancellation or suspension appeal to the Minister whose decision thereon shall be final.

49 PART VI PORT, WHARVES AND PREMISES-49. Minister may appoint any place for use as customs collecting centre.

(1) The Minister may, notwithstanding anything in this Act, appoint any part of the wharves or premises vested in the Authority to be a place for the collection of import duty or other revenues payable to the Government.

(2) Whenever any wharf or part of the premises of the Authority has been so appointed as a place for the collection of import duty or other revenues, the Authority shall set apart and maintain the place in such manner as the Minister may require for the use of the persons entitled to collect such duties or revenues.

(3) All charges payable in respect of any such wharf or part of the premises so set apart, or for the landing, shipping or storage of goods thereon, therefrom or therein, shall be paid to the Authority.

50 PART VI PORT, WHARVES AND PREMISES-50. Licenced warehouse.

(1) In respect of any of its licensed warehouses the Authority may give general security by bond or otherwise for -

(a) the payment of the import duty payable in respect of goods stored in such licensed warehouse; or

(b) the due exportation of such goods.

(2) When such security has been given by the Authority no further security shall be required by the Government from any other person to the same effect.

(3) Any person who is, or has the powers of, a revenue officer under any written law shall at all times -

(a) be admitted to any part of a licensed warehouse; and

(b) be permitted to inspect the books kept in connection therewith and the stock contained therein.

51 PART VI PORT, WHARVES AND PREMISES-51. Power of Authority to order vessels to come alongside.

The Authority may order any sea-going vessel within the Port to come alongside a suitable quay, wharf, jetty, pier or landing-stage which is vested in or under the control of the Authority, for the purpose of landing or shipping goods, cargo or passengers:

Provided that such order may be made only where -

(a) the vessel has not commenced landing goods, cargo or passengers; or

(b) the vessel is about to ship goods, cargo or passengers but has not commenced to do so;

and in making such order the Authority shall have regard, as far as possible, to the convenience of the vessel and of the shippers in respect of a particular quay, wharf, jetty, pier or landing-stage.

52 PART VI PORT, WHARVES AND PREMISES-52. Government vessels.

The Minister may at any time require that a vessel belonging to or in the service of the Government of Malaysia or of a State be permitted to come alongside a quay, wharf, jetty, pier or landing-stage which is vested in or is under the control of the Authority in preference to all other vessels at the time in port, and the Authority shall give effect to such requirement.

53 PART VII PILOTAGE-53. Declaration of pilotage district.

(1) The Authority may from time to time by notification in the Gazette declare an area in the Port or the approaches to the Port to be a pilotage district and shall define therein the limits of the pilotage district.

(2) This Part shall apply to a pilotage district declared under this section.

54 PART VII PILOTAGE-54. Vessels of certain tonnage to be under pilotage.

(1) The Authority may require such vessel or class of vessels as it may from time to time specify to be under pilotage while navigating in a pilotage district and the master or owner of every such vessel or every vessel of that class shall comply with such requirement.

(2) A vessel while being moved within any area of the Port which is or forms part of a pilotage district shall be deemed to be a vessel navigating in a pilotage district.

55 PART VII PILOTAGE-55. Authority to employ pilots.

(1) Subject to this Act, the Authority may employ such number of pilots as it deems necessary or expedient for the purpose of providing an adequate and efficient pilotage service.

(2) No person shall be employed as an Authority pilot in a pilotage district unless he is in possession of a valid licence to act as a pilot in that district issued under section 59.

55A PART VII PILOTAGE-55A. Power of Pilotage Committee to license employees of a licensed operator.

(1) Notwithstanding anything to the contrary in the Act the Authority may, if it considers expedient, authorise the Pilotage Committee to issue a licence to any employee of a licence operator to pilot vessels in a pilotage district of such Authority subject to such terms and conditions as the Authority thinks fit:

Provided that no such licence shall be issued to any such employee unless the Pilotage Committee has examined the employee and be satisfied as to the employee's general fitness and competency, including his physical fitness, to act as a pilot for the licensed operator.

[Ins. Act A831]

(2) A licence issued under subsection (1) shall cease to be valid if the employee to whom it was issued ceases to be employed by the licensed operator.

[Ins. Act A831]

55B PART VII PILOTAGE-55B. Vessel to be piloted by Authority pilot or a licensed person.

No vessel shall be piloted in a pilotage district by any person other than the Authority pilot or a person licensed under section 55A (1).

[Ins. Act A831]

56 PART VII PILOTAGE-56. Appointment and functions of Pilotage Committee.

The Authority shall with the approval of the Minister appoint a Pilotage Committee for the purpose of -

(a) holding examinations and issuing, on behalf of the Authority, licences to act as Authority pilots or as pilots employed by a licensed operator; and

[Ins. Act A831]

(b) holding inquiries concerning the conduct of Authority pilots or persons licensed under section 55A (1) in the discharge of their duties as directed by the Authority, and making recommendations to the Authority;

[Ins. Act A831]

(c) investigating and advising on such matters as may be referred to the Pilotage Committee by the Authority; and

(d) carrying out such other functions as are conferred on the Pilotage Committee by this Act.

57 PART VII PILOTAGE-57. Constitution of pilotage Committee.

(1) The Pilotage Committee shall consist of a chairman and four other persons who, by reason of their knowledge of or experience in shipping, nautical or port matters are, in the opinion of the Authority, fit and proper persons to be members of the Pilotage Committee.

(2) The appointment of a member of the Pilotage Committee may be for any period not exceeding three years but the member shall be eligible for reappointment on completion of every such period.

(3) Three members of the Pilotage Committee shall form a quorum at a meeting of that Committee.

(4) The chairman of the Pilotage Committee shall preside at all its meetings:

Provided that in the absence of the chairman the members present shall choose one of their number to preside in his place.

(5) If on any question to be determined there is an equality of votes, the chairman or member presiding shall have the casting vote in addition to his original vote.

58 PART VII PILOTAGE-58. Rules in relation to Pilotage Committee.

Subject to this Act, the Authority may make rules for the purpose of regulating the meetings and proceedings of the Pilotage Committee.

59 PART VII PILOTAGE-59. Examination for and issue of licence to act as pilot.

(1) The Pilotage Committee shall examine candidates for employment by the Authority as pilots and on being satisfied as to a candidate's general fitness (including physical fitness and competency to act as an Authority pilot may, on behalf of the Authority, issue to him a licence to act as such and the licence may contain such conditions as the Pilotage Committee may impose.

(2) Subject to this Part, every pilot holding immediately prior to the coming into force of this Part a licence to act as a pilot issued under any written law shall be deemed to be qualified for employment by the Authority as a pilot, and the Pilotage Committee may, on behalf of the Authority, issue to such pilot when employed by the Authority a licence to act as an Authority pilot in a pilotage district, subject to such conditions as the Pilotage Committee may impose.

(3) Every Authority pilot shall whenever the Pilotage Committee considers that, owing to changed c

60 PART VII PILOTAGE-60. Inquiries by Pilotage Committee.

(1) The Pilotage Committee may, and when directed by the Authority shall, hold an inquiry into the conduct of an Authority pilot or a person licensed under section 55A (1) where it appears that he has been guilty of misconduct affecting his capability, or has failed in or neglected his duty, or has become incompetent to act, as such pilot.

[Ins. Act A831]

(2) For the purposes of the inquiry, the Pilotage Committee may summon any person to attend any of its meeting to give evidence on oath or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession relative to the matters which are the subject-matter of such inquiry.

(3) Any person who -

(a) being summoned to attend any such inquiry, fails so to do;

(b) offers an act of disrespect or any insult or threat to the

61 PART VII PILOTAGE-61. Submission of Pilotage Committee's findings and recommendations to Authority.

(1) Where the Pilotage Committee, after due inquiry in accordance with this Part and after hearing any statement that may be offered in defence, finds that an Authority pilot or a person licensed under section 55A (1) has been guilty of misconduct affecting his capability, or has failed in or neglected his duty, or has become incompetent to act, as a pilot, it shall submit to the Authority a copy of the record of the inquiry and its findings and recommendations in respect of the inquiry.

[Ins. Act A831]

(2) The Authority may, after considering the findings and recommendations of the Pilotage Committee, suspend or cancel the licence of the Authority pilot or person licensed under section 55A (1) or impose such other punishment as the Authority may think fit.

[Ins. Act A831]

(3) Any Authority pilot or any person licensed under section 55A (1) who is aggrieved by a decision of t

62 PART VII PILOTAGE-62. Liability of master or owner in case of vessel under pilotage.

The master or owner of a vessel navigating in circumstances in which pilotage is compulsory shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel in the same manner as he would be if pilotage were not compulsory.

63 PART VII PILOTAGE-63. Limitation of Authority pilot's liability when bond is given.

(1) An Authority pilot who has given a bond in accordance with subsection (2) shall not be liable for neglect, want of skill or incapacity in office beyond the penalty of the bond and the amount payable to the Authority on account of pilotage in respect of the voyage in which he was engaged when he became so liable.

(2) Every Authority pilot shall undertake to give a bond in favour of the Authority in such sum as the Authority considers reasonable for the proper performance of his duties under this Part and any rules or by-laws made under this Act.

(3) Any bond given by an Authority pilot in accordance with this section shall not be liable to stamp duty.

(4) Where any proceedings are taken against an Authority pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this section, and other claims are made in respect of the same neglect, want of skill or incapacity i

65 PART VII PILOTAGE-65. Summary proceedings.

A court may, if it thinks fit, call upon two members of the Pilotage Committee to sit with it as assessors in any proceedings affecting Authority pilots under this Act or any rules or by-laws made thereunder.

66 PART VII PILOTAGE-66. By-laws regulating pilotage and conduct of pilots.

(1) The Authority may, with the approval of the Minister, make by-laws for regulating pilotage in any pilotage district and for the maintenance of good conduct and discipline of Authority pilots and for matters relating to their duties.

(2) The Authority may, in making by-laws under this section, provide that the contravention of any by-law shall be an offence and may prescribe as a penalty in respect of any one offence a fine not exceeding five thousand ringgit.

[Sub. Act A831]

66A PART VIIA EXTENSION OF THE FUNCTIONS, ETC., OF THE PORT AUTHORITY TO OTHER PORTS-66A. Power of Minister to extend Authority's functions to other ports.

(1) The Minister may, by order published in the Gazette , extend the functions, powers, duties and jurisdiction of the Authority to other ports.

(2) An order under subsection (1) may provide that the Authority shall, in carrying out the administration of the port to which its control is extended, include among its members such other person or persons as may be specified in the order either by name or by office.

(3) Where an order is made under subsection (1), the Authority shall be deemed for all purposes to be the port Authority in respect of the port specified in the order as if it were a port authority established in respect of that port under this Act and shall in carrying out its function be styled by such name as may be provided in the order.

[Ins. Act A937]

66B PART VIIA EXTENSION OF THE FUNCTIONS, ETC., OF THE PORT AUTHORITY TO OTHER PORTS-66B. The authority in carrying out its extended functions shall be deemed to be an independent port authority.

The Authority in carrying out its functions in respect of the port to which they are extended shall carry them out as if it were an independent port authority established in respect of such port.

[Ins. Act A937]

66C PART VIIA EXTENSION OF THE FUNCTIONS, ETC., OF THE PORT AUTHORITY TO OTHER PORTS-66C. Power of Minister to make provisions for the Authority to carry out its functions.

An order of the Minister under section 66A may contain all such provisions as the Minister may deem necessary to enable the Authority to carry out its functions in relation to the port to which they are extended.

[Ins. Act A937]

66D PART VIIA EXTENSION OF THE FUNCTIONS, ETC., OF THE PORT AUTHORITY TO OTHER PORTS-66D. Interpretation.

For the purposes of this Part,   "port"  means a Federal port or a place declared to be a Federal port by Federal law.

[Ins. Act A937]

67 PART VIII BY-LAWS-67. By-laws.

(1) The Authority may with the approval of the Minister make by-laws for -

(a) regulating, declaring and defining the wharves, docks, piers and places which are vested in or are under the control of the Authority, on and from which goods may be landed or shipped in vessels;

(b) regulating the manner in which and the conditions under which the loading and discharging of vessels shall be carried out, and for varying the positions of vessels loading and discharging;

(c) regulating the safe and convenient use of the docks, wharves, piers, landing-places, ware-houses, sheds and premises which are vested in or are under the control of the Authority, and of any ferry service maintained by the Authority;

(d) regulating the reception, storage and removal of goods within and from the premises of the Authority, and declaring the procedure to be followed for taking charge of goods whi

68 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-68. Refusal or neglect to appear before Auditor-General or to produce books for inspection.

(1) For the purposes of audit and examination of accounts under this Act, the Auditor-General or an auditor authorised by the Auditor-General may by notice in writing -

(a) require the production before him of all books, deeds, contracts, vouchers and all other documents and papers which he deems necessary;

(b) require any person holding or accountable for any such books, deeds, contracts, vouchers, documents or papers to appear before him at any such audit and examination or adjournment thereof, and to make and sign a declaration with respect to the same.

(2) Any person who fails to comply with any requirement made under subsection (1) or fails to produce any book of account to any person entitled to inspect the same shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred ringgit.

69 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-69. Penalty for evading rates or charges.

The master or owner of a vessel, or the owner, consignor or consignee of any goods imported into or exported out of the Port, who by any means whatsoever eludes or evades, or attempts to elude or evade, or neglects or omits to pay, any of the rates or charges leviable under this Act, shall pay to the Authority by way of damages in addition to such rates or charges, a sum equal to the rates or charges so eluded or evaded, or attempted to be eluded or evaded, or neglected or omitted to be paid, and he shall also be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

[Sub. Act A831]

70 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-70. List of all goods imported or exported to be left at office of Authority.

(1) The master or owner of every importing vessel or his agent shall sign and leave at the office of the Authority, within fourteen days next after the final discharge of all goods imported by the vessel, a full and accurate list of the goods, containing all particulars as to -

(a) the gross weight or measurement, marks, numbers and contents of each package; and

(b) the names of the consignees according to the bills of lading, or the names of the person actually paying the freight for the goods.

(2) Any owner, master or agent who omits or fails to comply with subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

[Sub. Act A831]

(3) The owner, charterer, consignor, agent or other person acting in the loading and clearing of every exporting vessel shall prepare a full and accu

71 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-71. Penalties to extend as well to principals as servants.

All penalties imposed by section 69 or 70 shall extend -

(a) to the principals in any house of business -

(i) by whom or on whose account, or for whose profit or advantage, such payment has been eluded, evaded, neglected or omitted to be made; or

(ii) by whom the lists, manifests and transcripts have been omitted to be made, signed, deposited and left; and

(b) to any clerk and servant of the principals employed or acting in such house of business.

72 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-72. Penalty for disobeying orders of wharf superintendent.

(1) If the master of a vessel, without the permission of the Authority, brings or causes his vessel to be placed alongside any wharf or dock entrance, or acts contrary to the directions or neglects to obey the orders of the wharf superintendent in relation to the time and manner of coming into or going out of any dock, or of coming alongside any wharf, or as to the berth allotted for his vessel to occupy, or disobeys an order to remove his vessel from the berth or to alter the same, the master or owner of the vessel shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

(2) Where the master of a vessel which has finished loading or discharging or is waiting for cargo or ballast fails to comply with a notice given to him or to the officer in charge of the vessel by the wharf superintendent directing that the vessel leave the wharf, the master or the owner of the vessel shall, in addition t

72A PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-72A. Penalty for hindrances or obstructions to any member, officer or servant of the Authority.

Any person who hinders or obstructs any member, officer or servant of the Authority in the performance or execution of his duty or in carrying out anything which he is empowered or required to do by virtue of or in consequence of this Act shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

[Ins. Act A831]

73 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-73. Penalty for not keeping vessel so loaded with ballast or otherwise as to be safely removed.

(1) Every vessel lying alongside a wharf or within any dock shall be kept so equipped, provided and loaded or ballasted by the master or owner as to enable it to be removed with safety whenever it is necessary in the judgment of the wharf superintendent that it shall be removed.

(2) The master or owner of a vessel who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

[Sub. Act A831]

74 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-74. Powers of General Manager or authorised person to order scuttling or removal of vessel in case of fire.

(1) In the event of fire breaking out on board any vessel in the Port, the General Manager or any person authorised by him may proceed on board the vessel with such assistance and persons as to him seem fit and may give such orders as seem to him necessary for scuttling the vessel or for removing that vessel or any other vessel to such place as to him seems proper to prevent danger to that vessel or any other vessel, and he may take such other measures that appear to him expedient for the protection of life or property.

(2) If orders given pursuant to subsection (1) are not forthwith carried out by the master of the vessel, the General Manager or the person authorised by him may himself proceed to carry the orders into effect.

(3) Any expenses incurred in the exercise of the powers conferred by subsections (1) and (2) shall be recoverable from the master or owner of the vessel concerned as if it were a fine and in the manner provided by

75 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-75. Boarding of vessel when commission of offence suspected.

(1) The General Manager or such person as may be authorised by him may board any vessel within the Port whenever he suspects that an offence under this Act or any rules or by-laws made thereunder has been or is about to be committed on or in the vessel or whenever he considers it necessary so to do in the discharge of his duties under this Act or any rules or by-laws made thereunder.

(1A) The General Manager or such person as may be authorised by him may, in exercising his powers and carrying out his duties under subsection (1), seize any article, document or thing which he has reasonable ground for believing has been used for the commission of, or is the subject matter of, or is required for the purpose of investigation and prosecution of, an offence under this Act or any by-laws made thereunder.

[Ins. Act A831]

(2) The master of such vessel who, without lawful excuse, refuses to allow the boarding of suc

76 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-76. Penalties as to employment of pilot other than Authority pilot.

(1) Any person who, not being an Authority pilot or a person licensed under section 55A (1), engages in an act of pilotage or attempts to obtain employment as a pilot of a vessel entering or being within a pilotage district shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

[Sub. Act A831]

(2) The master or owner of a vessel entering or being within a pilotage district who knowingly employs as pilot or a person who is not an Authority pilot or a person licensed under section 55A (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

[Sub. Act A831]

(3) For the purposes of this section, an Authority pilot acting beyond the limits of a pilotage district for which he is licensed or in contravention of any condition imposed in his licence shall be deemed not t

77 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-77. Receiving or offering improper rates of pilotage.

(1) An Authority pilot or a person licensed under section 55A (1) shall not demand or receive, and a master, owner or agent shall not offer or pay to the pilot any rate in respect of pilotage services other than the prescribed rate.

[Sub. Act A831]

(2) An Authority pilot or a person licensed under section 55A (1), a master, an owner or agent who acts in contravention of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit and the licence of the pilot may be suspended or cancelled by the Authority.

[Sub. Act A831]

78 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-78. Offences by Authority pilot.

(1) An Authority pilot or any person licensed under section 55A (1) who -

[Sub. Act A831]

(a) is in any way directly or indirectly concerned in any corrupt practice relating to vessels, their tackle, furniture, cargoes, crews or passengers, or to persons in distress at sea or by shipwreck or to their moneys, goods or chattels;

(b) lends his licence;

(c) acts as a pilot while suspended;

(d) acts as a pilot when in a state of intoxication;

(e) refuses or wilfully delays, when not prevented by illness or other reasonable cause, to pilot a vessel within the limits of the pilotage district for which he is licensed upon being required so to do by an officer or servant of the Authority duly authorised in that behalf; or

(f) quits the vessel under his pilotage without the consent of the master before the service for

79 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-79. Penalty on pilot endangering ship, life or limb.

An Authority pilot or a person licensed under section 55A (1), who, when engaged in the pilotage of a vessel, by wilful breach of duty or by neglect or by reason of drunkenness -

[Am. Act A831]

(a) does any act tending to the immediate loss, destruction or serious damage of the vessel, or tending immediately to endanger the life or limb of any person on board the vessel; or

(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the vessel from loss, destruction or serious damage, or for preserving the life of any person belonging to or being on board the vessel from danger to life or limb,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or both, and shall also be liable on conviction to suspension o

80 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-80. Failure to employ Authority pilot under certain circumstances.

(1) The master, owner or agent of a vessel navigating in circumstances in which the vessel is required by the Authority under section 54 to be under pilotage who does not employ an Authority pilot or a person under section 55A (1) for such purpose shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

(2) Upon being found guilty of any offence under subsection (1), the Court before which the master, owner or agent of the vessel is found guilty shall order such master, owner or agent to pay to the Authority the amount certified by the accountant of the Authority to be the amount of dues and rates which would have been payable to the Authority if the vessel had been under pilotage as required by this Act and such amount shall be recoverable in the same manner as a fine.

[Sub. Act A831]

81 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-81. Penalty for false information on draught.

The master of a vessel -

(a) entering or leaving any dock; or

(b) intending to enter or leave any dock, or to come alongside or to depart from any wharf,

who gives false information relating to the draught of water of the vessel to an officer of the Authority whose duty it is to ascertain the same, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

[Sub. Act A831]

82 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-82. Penalty for giving false statement in return.

Any person who makes a statement which is false in any material particular in a return, claim, application, declaration or other document which is required or authorised to be made under this Act or any rules or by-laws made thereunder, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

[Sub. Act A831]

83 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-83. Penalty for throwing ballast, etc., into dock.

Any person who throws or empties into a dock any ballast, rubbish, dust, ashes, stones or other refuse or things, or does an act to prejudice, any of the works of the Authority, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.

83A. Authority to recover expenses incurred for act done pursuant to a lawful direction.

[Ins. Act A831]

(1) When any person without lawful excuse refuses or neglects to obey any direction lawfully given under this Act or the by-laws made thereunder the Authority may, irrespective of whether any proceedings have been instituted against or any punishment imposed on such person for the refusal or neglect, do or cause to be done all such acts as are in its opinion reasonable or necessary for the purpose of carrying out such direction.

(2) The powers conferred by subsection (1) include the power to hire and e

84 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-84. General penalty.

Any person who contravenes any of the provisions of this Act or of any rules or by-laws made thereunder shall be guilty of an offence and shall, on conviction, if no penalty is provided therefor be liable to a fine not exceeding five hundred ringgit.

84A PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-84A. Penalty for contravening section 44 or 45.

Any person who contravenes the provisions of section 44 or 45 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit

[Ins. Act A831]

84B PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-84B. Offence committed by a body corporate: officers deemed to be guilty.

Where an offence under this Act or under any of the by-laws made thereunder is committed by a body corporate (whether or not the body corporate has been prosecuted) every director, secretary or manager of the body corporate shall be deemed to be guilty of the offence unless he proves that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances of the case.

[Ins. Act A831]

85 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-85. Evasion of rates or charges not waived by subsequent acceptance of payment.

The tender to, or acceptance by or on behalf of, the Authority of the payment of any rate or charge, which payment has previously been evaded or not made, shall not release or discharge an person from any liability for damages or penalty provided under this Act, consequent upon such evasion or non-payment.

86 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-86. Recovery of damages for injury to property of Authority.

(1) Where damage is caused to a gate, bridge, pier, jetty, quay, wharf, warehouse, shed, graving dock, graving block, building or other work belonging to the Authority by a vessel or by any of the persons belonging to or employed about a vessel, an amount to make good the damage may be recovered from the master or owner of the vessel.

(2) For the purposes of subsection (1), the Authority may detain the vessel until -

(a) the amount to make good the damage has been paid;

(b) a deposit equal in amount to the claim or demand made by the Authority for the estimated amount to make good the damage has been made by the master or owner of the vessel; or

(c) security is given for the payment of the entire amount to make good the damage.

(3) Where a deposit has been made, the Authority shall receive and retain the deposit until the extent of and the amount to make good

87 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-87. Offence may be tried by Magistrate's Court.

Any offence under this Act or any rules or by-laws made thereunder may be tried by a Magistrate's Court of the First Class and, notwithstanding the provisions of any written law to the contrary, such Magistrate may impose the full penalty provided in respect of such offence.

88 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-88. Distress in the event of failure to pay damages or costs.

(1) The Authority shall, in the event that any damages or costs awarded to it by a court are not forthwith paid, have power to recover the same by way of distress under a warrant issued by the court.

(2) The court may order a person against whom a warrant of distress has been levied under this section to be kept in safe custody until return can be made to the warrant, unless the person gives security by way of recognisance or otherwise for his appearance before the court on the day appointed for the return.

(3) If it appears to the court by the admission of the person concerned or otherwise that no sufficient distress can be had within its jurisdiction for the purpose of recovering the damages or costs awarded to the Authority under this section, the court shall commit the offender to prison for a term not exceeding six months unless the damages or costs are sooner paid and satisfied.

89 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-89. Limitation of period of prosecution.

No prosecution for an offence under this Act or any rules or by-laws made thereunder shall be instituted later than three years from the date of the discovery of the commission of the offence.

89A PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-89A. Power to compound offence.

(1) The Minister may, by order to be published in the Gazette , prescribe any offence against the provisions of this Act or of any by-laws made thereunder as an offence which may be compounded by the Authority.

(2) The General Manager may, in his discretion, compound such offence prescribed under subsection (1) by accepting from the person reasonably suspected of having committed any such offence a sum of money not exceeding five hundred ringgit.

(3) The Minister may, by the same order made under subsection (1), prescribe the method and procedure for compounding any offence against the provisions of this Act or of any rules or by-laws made thereunder.

[Ins. Act A831]

90 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-90. Service on company of summons.

(1) It shall be sufficient in any summons issued by a Magistrate's Court under this Act or any rules or by-laws made thereunder, against a firm or company, to direct that the summons be served on the firm or company, or an officer or manager thereof.

(2) Service of the summons at the usual place of business of the firm or company shall be deemed to be sufficient service thereof.

91 PART IX OFFENCES, DAMAGES, PENALTIES AND PROCEDURES-91. Conduct of prosecution.

Without prejudice to the provisions of any other written law, any prosecution in respect of an offence under this Act or any rules or by-laws made thereunder may be conducted by an officer of the Authority authorised in writing by the Chairman in that behalf.

91A PART IXA SPECIAL POWERS-91A. Special powers in emergency.

(1) On the occurrence of any public emergency or in the interest of public safety, the Prime Minister or any officer specially authorised by him in that behalf may -

(a) take temporary possession of any port service or facility established, maintained or worked by any person licenced under this Act; or

(b) withdraw either partially or totally the use of any port service or facility from any person or class of persons or from the public at large.

(2) If any doubt arises as to the existence of a public emergency or whether any act done under subsection (1) was in the interest of public safety, a certificate signed by the Prime Minister and exhibited at such places as the Minister deems fit shall be conclusive proof on the point.

(3) Where the Government takes possession of any port service or facility under subsection (1) (a) , adequate compensation shall be paid.

92 PART X TRANSFER, TRANSITIONAL AND GENERAL-92. Transfer of responsibility etc. from Federal Government to Authority.

(1) Upon the coming into force of this section, the responsibility of the Federal Government under the Act and all movable and immovable property and other assets, rights, powers, interests and privileges acquired by, accruing to or vested in the Federal Government as a result of its exercising its powers and discharging its responsibility and duties under the Act shall be transferred to and vest in the Authority without further assurance.

(2) Upon such transfer, such of the debts, liabilities and obligations incurred by the Federal Government under the Act as the Minister may, with the concurrence of the Minister of Finance, specify by order in the Gazette shall be transferred to and be deemed to have been incurred by the Authority.

93 PART X TRANSFER, TRANSITIONAL AND GENERAL-93. Minister may appoint persons on temporary basis for purposes of this Act.

(1) Notwithstanding anything to the contrary in this Act, where the Authority has not been established and its officers and servants not yet appointed and employed, the Minister may, in the interests of the Port, appoint on a temporary basis such persons by such designations as he may determine to carry out such functions and duties as may be entrusted to them for the purposes of this Act, subject to his direction and control.

(2) Such persons may be engaged or employed on such terms and conditions as the Minister may specify and they shall cease to be so engaged or employed on the establishment of the Authority but this shall be without prejudice to their being considered for subsequent appointment and employment as officers and servants of the Authority under section 21.