Penang Port Commission Act 1955

Akta Suruhanjaya Pelabuhan Pulau Pinang 1955

Deals with the Port Commission for the Port of Penang.

Copy of the official text captured from the Laws of Malaysia portal (AGC) on 26 October 2026. Always check the official portal for the authoritative current version. Amendments made after the official “last updated” date are published separately as amending Acts (Act A…) on the portal.

Number	Act 140
Type	Federal Act
Applies to	Federal
Subject	Transport & traffic
Year	1955
Official “last updated”	1 January 2006
Published by	Attorney General's Chambers — Laws of Malaysia portal (lom.agc.gov.my)
First enacted	1955 (Ordinance No. 56 of 1955)
Revised	1974 (Act 140 w.e.f. 1 July 1974)

Long title

An Act relating to the Port Commission for the Port of Penang, and for purposes connected therewith.

Contents — Parts and sections

159 sections in 11 Parts, headings copied from the “ARRANGEMENT OF SECTIONS” of the official text (copy of 26 October 2026). Read the full wording in the PDF.

Definitions: section 2 (Interpretation).

Part I PRELIMINARY (2)

s 1 Short title
s 2 Interpretation

Part II PENANG PORT COMMISSION (24)

Establishment, Incorporation and Constitution of the Commission
s 3 Establishment and incorporation of Penang Port Commission
s 4 Common seal
s 5 Constitution of the Commission
s 6 Disqualification of members
s 7 Members eligible for reappointment
s 8 Salaries and fees payable to members of Commission
s 9 Committees
s 10 Vacancies and irregularities in appointments
s 11 Members not to vote on matters in which they are interested
s 12 Quorum and proceedings of Commission
s 13 Powers of Minister in relation to Commission
s 13A Port Consultative Committee
Officers and Servants
s 14 Appointment of officers and servants
s 14A Establishment of a port security force
s 15 Commission to frame regulations governing conditions of service
s 16 Provident fund, pensions and superannuation schemes
s 17 General Manager
s 18 Appointments, etc., of officers and servants
s 19 Officers to be deemed public servants
s 20 Public authorities protection
Contracts
s 21 Power of Commission to enter into contracts for carrying on current business
s 22 Power of Commission to enter into contracts involving capital expenditure
s 23 Power to compromise
s 24 Power to make loans to officers and servants

Part III PROPERTY OF THE COMMISSION (8)

s 25 Powers of Commission as to property
s 25A Disposal of land
s 26 Charge of State on immovable property of Commission
s 27 Procedure to enable the Commission to acquire land under the Land Acquisition Act
s 28 Power to vest reclamations, etc., in Commission
s 29 (Deleted)
s 30 Exemption from payment of licence fees
s 31 Water supply

Part IV FINANCIAL PROVISIONS (31)

s 32 Scale of rates to be framed by Commission
s 33 Scale of rates for use of dock, etc.
s 33A Submission of memorandum for any change in existing scale of rates
s 34 Scales to be approved by Minister
s 34A Recovery of pilotage dues
s 34B Remission of dues
s 35 Charges for landing, shipping and transhipping goods or persons
s 36 Commission may make charges for matters not covered by scale
s 36A Commission may levy interest charges
Accounts
s 37 Keeping of accounts
s 38 General account of Commission
s 38A Power to write off bad debt
Application of Moneys and Disposal of Balances
s 39 Moneys credited to general account, how expended
s 40 Disposal of balances
Annual Estimates
s 41 Chairman to submit annual estimate of revenue and expenditure
s 42 Commission may sanction or revise estimate
s 43 Estimate to be submitted to Minister
s 44 Supplementary estimate may be made when necessary
Power to Borrow and Raise Capital
s 45 Power to issue stock, etc.
s 46 Power to borrow money, and secure loans by mortgage
s 47 Government may lend money to Commission
s 48 Consequences of default in payment of interest
s 49 (Deleted)
Fulfilment of Commission’s Liabilities
s 50 Commission to provide for fulfilment of liabilities
s 51 In default the Minister may require Commission to increase rates
Recovery of Rates and Sale of Undelivered Goods
s 52 Recovery of rates in arrears
s 53 Power to sell goods remaining in custody
s 54 Power to distrain for non-payment of rates, etc.
s 55 Alternative remedy by suit
Licensed Warehouses
s 56 Commission may give security for duty on goods in licensed warehouse
s 57 Power to revenue officers to inspect licensed warehouses

Part V DUTIES AND POWERS OF THE COMMISSION (17)

s 58 Duties of Commission
s 58A Additional duties of the Commission
s 59 Powers of Commission
s 59A Power of the Commission to grant a licence to any company, etc., to undertake activities in the port
s 59B Powers of the Commission to enter any arrangement for sharing of profit, etc.
s 59C Powers of the Commission to carry on activities which are commercial in nature
s 60 Control of foreshores
s 61 Permits for conveyance of goods and cargo within the port
Regulation of use of Wharves and Premises
s 62 Minister may appoint places to be used for the collection of revenue duties
s 63 Powers of Commission to order vessels to come alongside
s 64 Vessels belonging to or in service of Government
s 65 Commission to provide free landing places
By-laws
s 66 Commission empowered to make by-laws
s 67 Approval and publication of by-laws
s 68 Penalties for infringing by-laws
s 69 Copy of by-laws to be supplied by Commission
s 70 By-laws and scale of rates to be printed and exhibited

Part VA PILOTAGE (16)

s 70A Declaration of pilotage district
s 70B Commission may require vessels to be under pilotage
s 70C Commission to employ pilots
70CA.Power of Pilotage Committee to license employees of a licensed operator
s 70CB Vessel to be piloted by Commission pilot or licensed person
s 70D Appointment and functions of Pilotage Committee
s 70E Constitution of Pilotage Committee
s 70F Public servants
s 70G Regulations
s 70H Examination for licence
s 70I Inquiries by Pilotage Committee
s 70J Submission of Pilotage Committee’s findings and recommendations to Commission
s 70K Liability of the master or owner in the case of a vessel under pilotage
s 70L Limitation of pilot’s liability when bond is given
s 70M Pilotage Committee and Commission not liable for loss or damage occasioned by pilots
s 70N Summary proceedings
s 70O By-laws regulating pilotage and conduct of pilots

Part VB SPECIAL POWERS (1)

s 70P Special powers in emergency

Part VI LIMITATION OF LIABILITY (14)

s 71 Interpretation
s 72 Limitation of Commission’s liability in certain cases of loss of or damage to goods
s 73 Limitation of Commission’s liability in certain cases of loss of life or injury or damage
s 74 Limitation of Commission’s liability in other cases
s 75 Tonnage how ascertained
s 75A Loss or destruction of, or damage to, goods other than transhipment goods deposited with the Commission
s 75B Liability for loss under contract
s 75C Loss or destruction of, or damage to, transhipment goods deposited with the Commission
s 75D Force majeure, etc.
s 76 Limitation of liability in respect of one occasion
s 77 Power of High Court to consolidate claims
s 78 Saving for Workmen’s Compensation Act 1952
s 79 Commission not liable for loss due to unpunctuality of ferry boats
s 80 Saving of liability

Part VIA EXTENSION OF THE FUNCTIONS, ETC., OF THE COMMISSION TO OTHER PORTS (4)

s 80A Power of Minister to extend Commission’s functions to other ports
s 80B Commission in carrying out its extended functions shall be deemed to be an independent port authority
s 80C Power of Minister to make provisions for the Commission to carry out its functions
s 80D Interpretation

Part VII OFFENCES, DAMAGES, PENALTIES AND PROCEEDINGS (33)

s 81 Refusing or neglecting to appear before auditor, etc.
s 82 Penalties on evading rates
s 83 List of all goods imported or exported to be left at office of Commission
s 84 Penalties to extend as well to principals as servants
s 85 Evasion of rates not waived by subsequent acceptance of payment
s 86 Penalty for disobeying orders of wharf superintendent as to coming alongside or leaving wharves
s 86A Penalty for hindrances or obstructions to any member, officer or servant of the Commission
s 87 Penalty for not keeping a vessel so loaded with ballast or otherwise as to be safely removed
s 88 Penalty for giving a false draught of water
s 88A Penalty for giving false statement
s 89 Penalty for throwing ballast etc., into docks
s 89A Commission to recover expenses incurred for act done pursuant to a lawful direction
s 89B Offence committed by a body corporate: officers deemed to be guilty
s 90 Recovery of damages for injury done to property of Commission
s 90A Power to board vessel and seize
s 90B Power of General Manager or authorized person to order scuttling or removal of vessel in case of fire
s 91 Damage due by one vessel to another
s 92 Penalties to be recovered before a Magistrate’s Court
s 92A Penalties as to employment of pilot other than a Commission pilot
s 92B Receiving or offering improper rates of pilotage
s 92C Offences of a Commission pilot
s 92D Penalty on pilot endangering ship, life or limb
s 92E Failure to employ Commission pilot or licensed pilot under certain circumstances
s 93 Penalties to be levied by distress
s 94 Imprisonment in default of distress
s 95 Penalty to be sued for within six months
s 96 Damage to be made good in addition to penalty
s 97 Person aggrieved may appeal to High Court
s 98 Statement to be made in complaint or summons of offence
s 99 Saving of the Merchant Shipping Ordinance
s 100 Protection of members of Commission and officers from personal liability
s 101 Conduct of prosecutions
s 101A Power to compound offence

Part VIII TRANSFER OF UNDERTAKINGS AND REPEAL (9)

Property, Pending Proceedings and Contracts
s 102 Transfer to Commission of undertakings of Board and Administration.
s 103 Pending proceedings and existing contracts
s 104 Financial adjustment on transfer of Prai Wharf undertaking
Transfer of Officers and Servants
s 105 Transfer of former officers and servants of Board and Administration
s 106 Election by transferred officers and servants of Administration
s 107 Continuance of provident funds, pension and superannuation schemes
s 108 Transferred officers and servants of Administration to be deemed for purpose of pensions to continue in service of Administration
s 109 Depositor in Malayan Railway Provident Fund transferred to the Commission
s 110 Widows’ and Orphans’ pension

Public Authorities Protection Act 1948 (Act 198)Pensions Act 1980 (Act 227)Customs Act 1967 (Act 235)Workmen's Compensation Act 1952 (Act 273)Interpretation Acts 1948 and 1967 (Act 388)Ports (Privatisation) Act 1990 (Act 422)Land Acquisition Act 1960 (Act 486)Criminal Procedure Code (Act 593)

Federal Acts that this law's official text itself refers to (as “[Act N]”), most-referred first.

Amendment history

Amending law	Short title	In force from
Act 160	Malaysian Currency (Ringgit) Act 1975	29-08-1975
Act A338	Penang Port Commission (Amendment) Act 1976	27-02-1976
Act A582	Penang Port Commission (Amendment) Act 1984	20-01-1984
Act A673	Penang Port Commission (Amendment) Act 1987	22-05-1987
Act 422	Ports (Privatisation) Act 1990	02-04-1990
Act A855	Penang Port Commission (Amendment) Act 1993	30-09-1993
Act A936	Penang Port Commission (Amendment) Act 1995	10-11-1995
Act A1238	Penang Port Commission (Amendment) Act 2004 LAWS OF MALAYSIA Act 140 PENANG PORT COMMISSION ACT 1967	14-01-2005

Copied from the “List of amendments” printed in the official text. Amendments made after the text's “as at” date are not in this list — check the portal for later amending Acts.

Version history

Captured	Language	Official “last updated”	Pages	SHA-256	File
26 October 2026	English	1 January 2006	90	`4e0257ea8ccd`	PDF 0.2 MB

A new version is kept only when the official file changes (different SHA-256 fingerprint). Older versions are never overwritten, so you can see what the text said on an earlier date.

Official source

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