610 - *ENERGY COMMISSION ACT 2001

LLAAWWSS OOFF MMAALLAAYYSSIIAA OONNLLIINNEE VVEERRSSIIOONN OOFF UUPPDDAATTEEDD TTEEXXTT OOFF RREEPPRRIINNTT AAcctt 661100 EENNEERRGGYY CCOOMMMMIISSSSIIOONN AACCTT 22000011 AAss aatt 11 DDeecceemmbbeerr 22001111 2 ENERGY COMMISSION ACT 2001 Date of Royal Assent … … … 15 February 2001 Date of publication in the Gazette … 1 March 2001 Latest amendment made by Act A1371 which came into operation on … … … 15 March 2010 PREVIOUS REPRINTS First Reprint … … … ... 2002 Second Reprint … … … ... 2006 3 LAWS OF MALAYSIA Act 610 ENERGY COMMISSION ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II ENERGY COMMISSION 3. Establishment of Commission 4. Common seal 5. Membership of Commission 6. Approval to hold other office 7. Tenure of office 8. Remuneration and allowances 9. Revocation of appointment and resignation 10. Vacation of office 11. Statutory declaration by members of Commission 12. Commission may establish committee 13. Schedule 4 Laws of Malaysia ACT 610 PART III FUNCTIONS AND POWERS OF COMMISSION Section 14. Functions and powers of Commission 15. Delegation of Commission’s functions or powers 16. Direction by Minister 17. Commission to furnish information 17A. Restriction on the use of the symbol or representation of the Commission PART IV OFFICERS OF THE COMMISSION 18. Chief Executive Officer 18A. Temporary exercise of functions of Chief Executive Officer 19. Appointment of officers of Commission 20. Conditions of service 21. Loans, scholarships and advances 22. Payment of retirement benefits, etc. 23. Commission may adopt regulations, etc. PART V FINANCE 24. Fund 25. Expenditure to be charged on Fund 26. Conservation of Fund 27. Expenditure and preparation of estimates 28. Bank accounts 29. Power to borrow 30. Investment 30A. Limitation on contracts 31. Financial procedure 32. Financial year Energy Commission 5 Section 33. Account and reports 34. (Deleted) PART VI GENERAL 35. Prosecution 36. Public servant 37. Public Authorities Protection Act 1948 38. Power to employ 39. Obligation of secrecy 40. Representation in civil proceedings 41. Things done in anticipation of the enactment of this Act SCHEDULE 7 LAWS OF MALAYSIA Act 610 ENERGY COMMISSION ACT 2001 An Act to provide for the establishment of the Energy Commission with powers to regulate the energy supply activities in Malaysia, and to enforce the energy supply laws, and for matters connected therewith. [1 May 2001, P.U. (B) 124/2001] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Energy Commission Act 2001. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. (3) This Act applies throughout Malaysia. *(4) The Minister may by order published in the Gazette suspend the operation of the whole or any of the provisions of this Act in any part of Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— * NOTE—The operation of the whole of the Energy Commission Act 2001 [Act 610] is suspended in the State of Sarawak with effect from 1 May 2001–see P.U. (A) 120/2001. 8 Laws of Malaysia ACT 610 “energy supply activities” includes— (a) in relation to electricity— (i) the supply and use of electricity to which the electricity supply laws apply; and (ii) the generation, transmission and distribution of electricity for the supply and use of electricity under subparagraph (i); (b) in relation to gas— (i) the supply and use of gas to which the gas supply laws apply; and (ii) the delivery, transportation, distribution and reticulation of gas for the supply and use of gas under subparagraph (i); and (c) any other activity regulated under the energy supply laws; “member” means the Chairman and other members of the Commission appointed under section 5; “electricity” means electrical energy or electrical power when generated, produced, transmitted, distributed, supplied or utilized for any purpose except for the transmission of any communication or signal; “gas” means methane, ethane, propane, butane or hydrocarbons which may consist of one or more of any of those gases, either in the form of gas or liquid; “appointed day” means the day on which this Act comes into operation; “committee” means any committee established by the Commission under section 12; “Chief Executive Officer” means the Chief Executive Officer of the Commission having the duties described in section 18; Energy Commission 9 “Fund” means the fund established under section 24; “Minister” means the Minister for the time being charged with the responsibility for matters relating to electricity supply or gas supply, as the case may be, except— (a) in Parts II and IV, in relation to the appointment, revocation of appointment or resignation of the Chairman, the Chief Executive Officer and members of the Commission, means the Minister for the time being charged with the responsibility for matters relating to electricity supply with the concurrence of the Minister for the time being charged with the responsibility for matters relating to gas supply; and (b) in Part V, means the Minister for the time being charged with the responsibility for matters relating to electricity supply; “Minister of Finance” means the Minister for the time being charged with the responsibility for finance; “officer” means any officer, servant or employee of the Commission appointed under this Act; “Chairman” means the Chairman of the Commission appointed under paragraph 5(1)(a); “installation”— (a) in relation to electricity, has the meaning assigned to it by the electricity supply laws; and (b) in relation to gas, has the meaning assigned to it by the gas supply laws; “Commission” means the Commission established under section 3; “renewable energy” means energy which is not depleted when used and includes energy obtained from energy sources such as biomass, hydro power, solar power, geothermal power, wind power, waves and tides; 10 Laws of Malaysia ACT 610 “non-renewable energy” means energy which depletes when used and includes energy from energy sources such as coal, oil shale, tar sands, crude oil, oil, natural gas and nuclear power; “electricity supply laws” means the Electricity Supply Act 1990 [Act 447] and includes— (a) any subsidiary legislation made under the Electricity Supply Act 1990; and (b) any other legislation relating to electricity under which the Commission is to exercise any function, including any subsidiary legislation made under such legislation; “gas supply laws” means the Gas Supply Act 1993 [Act 501] and includes— (a) any subsidiary legislation made under the Gas Supply Act 1993; and (b) any other legislation relating to gas under which the Commission is to exercise any function, including any subsidiary legislation made under such legislation; “energy supply laws” means— (a) this Act and any subsidiary legislation made under this Act; (b) the electricity supply laws; (c) the gas supply laws; and (d) any other written law under which the Commission is to exercise any function. Energy Commission 11 PART II ENERGY COMMISSION Establishment of Commission 3. (1) There is hereby established a body corporate by the name of “Suruhanjaya Tenaga” with perpetual succession and a common seal, and which may sue and be sued in its corporate name. (2) Subject to and for the purposes of this Act, the Commission may enter into contracts and may acquire, purchase, take, hold, and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer, or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Commission upon such terms as it deems fit. Common seal 4. (1) The Commission shall have a common seal which shall bear a device approved by the Commission and the seal may from time to time be broken, changed, altered and made anew as the Commission may think fit. (2) Until a seal is provided by the Commission, a stamp bearing the words “Suruhanjaya Tenaga” may be used and shall be deemed to be the common seal of the Commission. (3) The common seal shall be kept in the custody of the Chairman or any other person authorized by the Commission, and shall be authenticated by either the Chairman or such person as may be authorized by the Chairman in writing. (4) All deeds, documents and other instruments purporting to be sealed with the seal and duly authenticated shall, until the contrary is proven, be deemed to have been validly executed. (5) Any deed, documents or other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Commission 12 Laws of Malaysia ACT 610 or any other person authorized by the Commission on behalf of the Commission. (6) The common seal of the Commission shall be officially and judicially noticed. Membership of Commission 5. (1) The Commission shall consist of the following members who shall be appointed by the Minister: (a) the Chairman; (b) the Chief Executive Officer; (c) three members representing the Government; and (d) not more than six members, who, in the opinion of the Minister, have experience and shown capacity and professionalism in matters relating to finance, engineering, business or administration, or are otherwise suitable for appointment because of their special knowledge and experience. (2) The Minister may appoint temporarily any member of the Commission, other than the Chief Executive Officer, to act as the Chairman for the period— (a) when the office of the Chairman is vacant; (b) when the Chairman is absent from duty or from Malaysia; or (c) when the Chairman is, for any other reason, unable to perform the duties of his office. Approval to hold other office 6. The Chairman shall not, while holding such office, hold any other office or employment, whether remunerated or not, without the Minister’s prior written approval. Energy Commission 13 Tenure of office 7. (1) Subject to such conditions as may be specified in his instrument of appointment, a member of the Commission shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term of two years. (2) A member of the Commission shall be eligible for reappointment but no member shall hold office for more than three terms. (3) This section shall not apply to the Chief Executive Officer. Remuneration and allowances 8. (1) The Chairman shall be paid such remuneration and allowances as the Minister may determine, after consultation with the Minister of Finance. (2) All other members of the Commission shall be paid such allowances at such rates as the Minister may determine, after consultation with the Minister of Finance. Revocation of appointment and resignation 9. (1) The Minister may, at any time, revoke the appointment of any member of the Commission, other than the Chief Executive Officer, without assigning any reason for the revocation. (2) A member of the Commission, other than the Chief Executive Officer, may, at any time, resign from his appointment by giving a notice in writing to the Minister. Vacation of office 10. The office of a member of the Commission, other than the Chief Executive Officer, shall be vacated— (a) if he dies; 14 Laws of Malaysia ACT 610 (b) if there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) if his conduct, whether in connection with his duties as a member of the Commission or otherwise, has been such as to bring discredit on the Commission; (d) if he becomes a bankrupt; (e) if he is of unsound mind or is otherwise incapable of discharging his duties; (f) in the case of the Chairman, if he absents himself from three consecutive meetings of the Commission without leave of the Minister; (g) in the case of a member of the Commission other than the Chairman, if he absents himself from three consecutive meetings of the Commission without leave of the Chairman; (h) if his appointment is revoked by the Minister; or (i) if his resignation is accepted by the Minister. Statutory declaration by members of Commission 11. (1) No person shall be appointed as a member of the Commission unless before such appointment such person makes a statutory declaration whether he has any interest, financial or otherwise, in any undertaking involving energy supply activities. Energy Commission 15 (2) If a member of the Commission acquires any interest, financial or otherwise, in any undertaking involving energy supply activities he shall, within one month after such acquisition, give notice in writing to the Minister specifying the interest acquired, and the Minister may, after taking the matter into consideration, if he thinks fit, declare that the person has vacated his office. Commission may establish committee 12. (1) The Commission may establish any committee as it considers necessary or expedient to assist it in the performance of its functions under the energy supply laws. (2) The Commission may elect any of its members to be the chairman of a committee. (3) The Commission may appoint any person to a committee. (4) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment. (5) The Commission may revoke the appointment of any member of a committee without assigning any reason for the revocation. (6) A member of a committee may, at any time, resign by giving a notice in writing to the chairman of the committee. (7) The Commission may, at any time, discontinue or alter the constitution of a committee. (8) A committee may regulate its own procedure. (9) A committee shall be subject to, and act in accordance with, any direction given to it by the Commission. (10) The meetings of a committee shall be held at such times and places as the chairman of the committee may determine. (11) A committee may invite any person to attend any of its meetings for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting. 16 Laws of Malaysia ACT 610 (12) The members of a committee and any person invited under subsection (11) shall be paid such allowances and other expenses as the Commission may determine. Schedule 13. (1) The Schedule applies to members of the Commission. (2) The Minister may amend the Schedule by order published in the Gazette. PART III FUNCTIONS AND POWERS OF COMMISSION Functions and powers of Commission 14. The Commission shall have all the functions imposed on it under the energy supply laws and shall also have the following functions: (a) to advise the Minister on all matters concerning the national policy objectives for energy supply activities; (b) to advise the Minister on all matters relating to the generation, production, transmission, distribution, supply and use of electricity as provided under the electricity supply laws; (c) to advise the Minister on all matters relating to the supply of gas through pipelines and the use of gas as provided under the gas supply laws; (d) to implement and enforce the energy supply laws; (e) to regulate all matters relating to the electricity supply industry and to protect any person from dangers arising from the generation, production, transmission, distribution, supply and use of electricity as provided under the electricity supply laws; Energy Commission 17 (f) to regulate all matters relating to the supply of gas through pipelines and to protect any person from dangers arising from the supply of gas through pipelines and the use of gas as provided under the gas supply laws; (g) to promote efficiency, economy and safety in the generation, production, transmission, distribution, supply and use of electricity and in the supply of gas through pipelines and the use of gas supplied through pipelines; (h) to promote and safeguard competition and fair and efficient market conduct or, in the absence of a competitive market, to prevent the misuse of monopoly or market power in respect of the generation, production, transmission, distribution and supply of electricity and the supply of gas through pipelines; (i) to promote the use of renewable energy and the conservation of non-renewable energy; (j) to promote research into, and the development and the use of, new techniques relating to— (i) the generation, production, transmission, distribution, supply and use of electricity; and (ii) the supply of gas through pipelines and the use of gas supplied through pipelines; (k) to encourage and promote the development of the electricity supply industry and the supply of gas through pipelines including in the area of training; (l) to encourage and promote self-regulation in the electricity supply industry and the supply of gas through pipelines; (m) to carry out any function conferred by or under the energy supply laws; (n) to review the energy supply laws and to make the necessary recommendations to the Minister; and 18 Laws of Malaysia ACT 610 (o) to carry on all such activities as may appear to the Commission requisite, advantageous or convenient for the purpose of carrying out or in connection with the performance of its functions under the energy supply laws. (2) The Commission shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under the energy supply laws. Delegation of Commission’s functions or powers 15. (1) The Commission may, in writing, delegate any of its functions or powers, other than its power to make subsidiary legislation, to— (a) the Chairman of the Commission; (b) a member of the Commission; (c) a committee established by the Commission; or (d) an officer of the Commission. (2) A person or committee, as the case may be, delegated with such function or power shall be bound to observe and have regard to all conditions and restrictions imposed by the Commission and all requirements, procedures and matters specified by the Commission. (3) A function or power delegated under this section shall be performed and exercised in the name and on behalf of the Commission. (4) A delegation under this section shall not preclude the Commission itself from performing or exercising at any time any of the delegated functions or powers. Direction by Minister 16. (1) The Commission shall be responsible to the Minister. Energy Commission 19 (2) The Minister may give to the Commission directions of a general character, consistent with the energy supply laws, relating to the performance of the functions and powers of the Commission and the Commission shall give effect to such directions. Commission to furnish information 17. The Commission shall furnish to the Minister, and any public authority as may be specified by the Minister, such returns, reports, accounts and information with respect to its activities, its finances and the policy it is pursuing or proposes to pursue in the performance of any of its functions under the energy supply laws as the Minister may require from time to time. Restriction on the use of the symbol or representation of the Commission 17A. (1) The Commission shall have the exclusive right to the use of such symbol or representation as the Commission may select or devise and thereafter display or exhibit in connection with its activities or affairs. (2) The symbol or representation selected or devised by the Commission shall be published in the Gazette. (3) Any person who uses a symbol or representation of the Commission or any resemblance thereof, or creates any symbol or representation which refers to the Commission so as to deceive or cause confusion, or to be likely to deceive or to cause confusion, commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both. PART IV OFFICERS OF THE COMMISSION Chief Executive Officer 18. (1) The Minister shall appoint a Chief Executive Officer on such terms and conditions as he considers desirable. 20 Laws of Malaysia ACT 610 (2) The Commission shall vest in the Chief Executive Officer such power and impose upon him such duties as may be determined by the Commission. (3) The Chief Executive Officer shall be responsible for the overall administration and management of the functions and the day to day affairs of the Commission. (4) The Chief Executive Officer shall have general control of the other officers of the Commission. (5) The Chief Executive Officer shall perform such further duties as the Minister and the Commission may direct from time to time. (6) In discharging his duties, the Chief Executive Officer shall act under the general authority and directions of the Commission. Temporary exercise of functions of Chief Executive Officer 18A. The Minister may appoint temporarily any officer of the Commission to act as the Chief Executive Officer for the period when— (a) the office of the Chief Executive Officer is vacant; (b) the Chief Executive Officer is absent from duty or from Malaysia; or (c) the Chief Executive Officer is, for any other reason, unable to perform the duties of his office. Appointment of officers of Commission 19. The Commission may appoint such number of officers as it thinks desirable and necessary, who shall be paid such remuneration, allowances and benefits, and whose appointment shall be, on such terms as the Commission considers appropriate, for carrying out the purposes of the energy supply laws. Energy Commission 21 Conditions of service 20. The Commission may, with the approval of the Minister, determine the conditions of service of its officers. Loans, scholarships and advances 21. The Commission may grant loans, scholarships and make advances to its officers for such purposes and on such terms as the Commission may determine. Payment of retirement benefits, etc. 22. The Commission may make arrangements for the payment to its officers and their dependants of such retirement benefits, gratuities and other allowances as the Commission may determine. Commission may adopt regulations, etc. 23. In making any regulations under this Part, the Commission may, with the approval of the Minister, adopt with such modifications as it deems fit any regulations, rules, policies, circulars and directives enacted or issued by the Federal Government. PART V FINANCE Fund 24. (1) There is hereby established, for the purposes of the energy supply laws, a Fund to be administered and controlled by the Commission. (2) The Fund shall consist of— (a) such sums as may be provided by Parliament for the purposes of the energy supply laws from time to time; 22 Laws of Malaysia ACT 610 (b) all or any part of the licence or other fees, administration charges, levies or other charges imposed by or payable to the Commission under the energy supply laws; (c) all moneys derived as income from investments by the Commission; (d) all moneys derived from the sale, disposal, lease or hire of, or any other dealing with, any property, mortgages, charges or debentures vested in or acquired by the Commission; (e) all moneys earned from consultancy and advisory services and any other service provided by the Commission; (f) all other moneys and property which may in any manner become payable to or vested in the Commission in respect of any matter incidental to its functions and powers; (g) sums borrowed by the Commission under section 29; and (h) all other moneys lawfully received by the Commission, including interest. (3) For the purpose of paragraph 24(2)(b), all moneys collected which are in excess of the financial requirements of the Commission for the performance of its functions under this Act may be paid into the Consolidated Fund. Expenditure to be charged on Fund 25. The Fund shall be expended for the following purposes: (a) paying any expenditure lawfully incurred by the Commission including legal fees and costs and other fees and costs; (b) paying for the remuneration, allowances and other expenses of the members of the Commission, members of committees, and officers of the Commission, including the Energy Commission 23 granting of loans and advances, superannuation allowances, retirement benefits, pensions and gratuities; (c) paying any other expenses, costs, expenditure, grants or other payments properly incurred, accepted or deemed fit by the Commission in the performance of its functions or the exercise of its powers under the energy supply laws; (d) purchasing or hiring equipment, machinery and any other materials, acquiring land and any assets, and erecting buildings, and carrying out any other works and undertakings in the performance of its functions or the exercise of its powers under the energy supply laws; (e) repaying any moneys borrowed under section 29 and the interest due on such moneys; (ea) granting loans, scholarships and advances to its officers under section 21; and (f) generally, paying any expenses for carrying into effect the provisions of the energy supply laws. Conservation of Fund 26. It shall be the duty of the Commission to conserve the Fund by so performing its functions and exercising its power under this Act as to secure that the total revenue of the Commission are sufficient to meet all sums properly chargeable to its revenue account including depreciation and interest on capital taking one year with another. Expenditure and preparation of estimates 27. (1) The expenditure of the Commission up to such amount as may be authorized by the Minister for any one year shall be defrayed out of the Fund. (2) Before 1 September each year, the Commission shall submit to the Minister an estimate of its expenditure (including the expenditure for research and development programmes) for the following year in such form and containing such particulars as the Minister may direct. 24 Laws of Malaysia ACT 610 (3) The Minister shall, before 1 January the following year, notify the Commission of the amount authorized for expenditure generally or of the amount authorized for each description of expenditure based on the estimate prepared under subsection (2). (4) The Commission may, at any time, submit to the Minister a supplementary estimate of its expenditure for any one year and the Minister may allow the whole or any part of the additional expenditure included therein. Bank accounts 28. The Commission shall open and maintain an account or accounts with such financial institution or institutions in Malaysia as the Commission thinks fit, after consulting the Minister; and every such account shall be operated upon as far as practicable by cheques signed by such person or persons as may be authorized by the Commission from time to time. Power to borrow 29. The Commission may, from time to time, borrow in such form and at such rate of interest and for such period and upon such terms as to the time and method of repayment and otherwise, as the Minister may, with the concurrence of the Minister of Finance, approve, any money required by the Commission for meeting any of its obligations or discharging any of its duties. Investment 30. The moneys of the Commission shall, in so far as they are not immediately required to be expended by the Commission under this Act, be invested in such manner as the Minister may, with the concurrence of the Minister of Finance, approve. Limitation on contracts 30A. The Commission shall not, without the approval of the Minister and the concurrence of the Minister of Finance, enter into any contract under which the Commission is to pay or receive an amount exceeding ten million ringgit. Energy Commission 25 Financial procedure 31. Subject to this Act and the approval of the Minister, the Commission shall determine its own financial procedure. Financial year 32. The financial year of the Commission shall begin on 1 January and end on 31 December of each year. Accounts and reports 33. (1) The Commission shall cause proper accounts of the Fund and proper reports of its activities to be kept and shall, as soon as practicable after the end of each financial year, cause to be prepared for that financial year— (a) a statement of accounts of the Commission which shall include the balance sheet and account of income and expenditure; and (b) a statement of its activities. (2) The Commission shall as soon as possible send a copy of the statement of accounts certified by the auditors and a copy of the auditors’ report to the Minister who shall cause them to be laid before both Houses of Parliament. (3) The Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Commission. 34. (Deleted by Act A1371). PART VI GENERAL Prosecution 35. No prosecution shall be instituted for any offence under this Act without the consent in writing of the Public Prosecutor. 26 Laws of Malaysia ACT 610 Public servant 36. All members of the Commission and of any of its committees, and all officers and agents of the Commission, while discharging their duties under this Act as such members, officers or agents, shall be deemed to be public servants within the meaning of the Penal Code [Act 574]. Public Authorities Protection Act 1948 37. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commission or a member of the Commission, a member of a committee, and an officer or agent of the Commission in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity. Power to employ 38. The Commission may employ and pay agents and technical advisers, including advocates and solicitors and other persons, in the performance of its functions, the exercise of its powers or for the better carrying into effect of the purposes of this Act. Obligation of secrecy 39. (1) Except for any of the purposes of this Act or for the purpose of any civil or criminal proceedings under any written law or where otherwise authorized by the Commission— (a) no member of the Commission or any of its committees or any officer or agent of the Commission or any person attending any meeting of the Commission or any of its committees, whether during his tenure of office or during his employment or after that, shall disclose any information which has been obtained by him in the course of performing his functions and which is not published in pursuance of this Act; and Energy Commission 27 (b) no other person who has by any means access to any information or document relating to the affairs of the Commission shall disclose such information or document. (2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both. Representation in civil proceedings 40. Notwithstanding any other written law— (a) in any civil proceedings by or against the Commission; or (b) in any other civil proceedings in which the Commission is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the Commission for that purpose may, on behalf of the Commission, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the Commission. Things done in anticipation of the enactment of this Act 41. All things done by any person or public authority on behalf of the Commission in the preparation of and towards the proper implementation of this Act, and any expenditure incurred in relation thereto, in anticipation of the enactment of this Act shall be deemed to have been authorized by this Act, and all rights acquired or obligations incurred on behalf of the Commission from anything so done shall upon the coming into operation of this Act be deemed to be the rights and obligations of the Commission. ______________________________________ 28 Laws of Malaysia ACT 610 SCHEDULE [Section 13] Times and places of meetings 1. (1) The Commission is to hold as many meetings as are necessary for the efficient performance of its functions and such meetings are to be held at such places and times as the Chairman may decide, provided that the Chairman shall not allow more than two months to lapse between meetings. (2) The Chairman shall call for a meeting if requested to do so in writing by the Minister or by at least two members of the Commission. Quorum 2. The quorum of the Commission shall be half or more than half of the number of members of the Commission. Casting vote 3. If on any question to be determined by the Commission there is an equality of votes, the Chairman shall have a casting vote in addition to his deliberative vote. Commission may invite others to meetings 4. (1) The Commission may invite any person to attend any meeting or deliberation of the Commission for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at the meeting or deliberation. (2) A person invited under subparagraph (1) shall be paid such allowances as may be determined by the Commission. Resolutions without meetings 5. (1) A resolution is taken to have been passed at a meeting of the Commission if— (a) all members of the Commission have been informed of the proposed resolution, or reasonable efforts have been made to inform all members of the Commission of the proposed resolution; and (b) without meeting, a majority of the members of the Commission indicate agreement with the resolution in accordance with the method determined by the Commission under subparagraph (2). (2) Subparagraph (1) applies only if the Commission— (a) decides that subparagraph (1) applies; and Energy Commission 29 (b) decides the method by which members of the Commission are to indicate agreement with resolutions. Minutes 6. (1) The Commission and every committee shall cause minutes of all their meetings to be maintained and kept in a proper form. (2) A committee shall cause copies of the minutes of all its meetings to be submitted to the Commission as soon as practicable. (3) Any minutes made of meetings of the Commission or a committee, if duly signed, shall be admissible in any legal proceedings as prima facie evidence of the facts stated in them without further proof and every meeting of the Commission or committee in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act. Procedure 7. The Commission may regulate its own procedure. Disclosure of interest 8. (1) A member of the Commission or any committee having any interest in any matter under discussion by the Commission or committee shall disclose to the Commission or committee, as the case may be, the fact of his interest and its nature. (2) For the purpose of subparagraph (1), a member of the Commission or committee shall be deemed to have an interest in the matter under discussion if he has interest in any company carrying on activities similar or related to the matter under discussion. (3) A disclosure under subparagraph (1) shall be recorded in the minutes of the Commission or committee, as the case may be, and, after the disclosure, the member having an interest in the matter— (a) shall not take part nor be present in any deliberation or decision of the Commission or committee, as the case may be; and (b) shall be disregarded for the purpose of constituting a quorum of the Commission or committee, as the case may be. (4) No act or proceedings of the Commission or any committee shall be invalidated on the ground that any member of the Commission or committee has contravened the provisions of this paragraph. 30 Laws of Malaysia ACT 610 Validity of acts and proceedings 9. No act done or proceeding taken under this Act shall be questioned on the ground of— (a) any vacancy in the membership of, or any defect in the constitution of, the Commission; (b) a contravention by any member of the Commission or a committee of the provisions of paragraph 8; or (c) any omission, defect or irregularity not affecting the merits of the case. Members to devote time to business of Commission 10. The members of the Commission shall devote such time to the business of the Commission as is necessary to discharge their duties effectively. ________________________________________ 31 LAWS OF MALAYSIA Act 610 ENERGY COMMISSION ACT 2001 LIST OF AMENDMENTS Amending law Short title In force from Act A1371 Energy Commission (Amendment) 15-03-2010 Act 2010 _____________ 32 LAWS OF MALAYSIA Act 610 ENERGY COMMISSION ACT 2001 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act A1371 15-03-2010 5 Act A1371 15-03-2010 7 Act A1371 15-03-2010 9 Act A1371 15-03-2010 10 Act A1371 15-03-2010 17A Act A1371 15-03-2010 18 Act A1371 15-03-2010 18A Act A1371 15-03-2010 21 Act A1371 15-03-2010 25 Act A1371 15-03-2010 30A Act A1371 15-03-2010 33 Act A1371 15-03-2010 34 Act A1371 15-03-2010 ________________