This Act may be cited as the Government Contracts Act 1949.
Act 120
Government Contracts Act 1949
An Act for the making of contracts on behalf of the Government, and the Governments of the States, and for matters connected therewith.
Data synced
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.
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All contracts made in Malaysia on behalf of the Government shall, if reduced to writing, be made in the name of the Government of Malaysia and may be signed by a Minister or by any public officer duly authorized in writing by a Minister, either specially in any particular case, or generally for all contracts below a certain value in his department or otherwise as may be specified in the authorization.
(1) All contracts made in Malaysia on behalf of a State Government shall, if reduced to writing, be made in the name of the Government of that State, and may be signed by the Chief Minister of the State, or by any public officer duly authorized in writing by the Chief Minister, either specially in any particular case, or generally for all contracts below a certain value in his department or otherwise as may be specified in the authorization.
(2) In the application of this section to Sabah and Sarawak βChief Ministerβ includes any State Minister.
(Deleted by L.N. 284/1958).
All contracts made outside Malaysia on behalf of the Government or any State Government by a person either generally or specially authorized in writing in that behalf by the Yang di-Pertuan Agong shall, so far as they come within the jurisdiction of the courts of Malaysia, be deemed to be contracts made on behalf of that Government.
No contracts made after the commencement of this Act except those made in the manner herein before provided shall be deemed to be made by the authority of the Government or of a State Government, as the case may be.
All contracts entered into in good faith on or after the first day of February 1948, and before the commencement of this Act, and purporting to be made on behalf of the Government of the Federation of Malaya or the Government of any State or Settlement thereof, as the case may beβ
(a) in the Federation of Malaya by any public officer;
(b) in the United Kingdom by the Secretary of State or the Crown Agents; or
(c) elsewhere outside the Federation of Malaya by any person either generally or specially authorized in writing in that behalf by the High Commissioner,
shall be deemed to be contracts duly entered into on behalf of the Government of the Federation of Malaya or the Government of that State or Settlement, as the case may be.
No public officer shall be liable to be sued personally upon any contract which he makes in that capacity; but a public officer shall be personally liable when he expressly pledges his personal credit, or where he contracts otherwise than as the agent of the Government or of a State Government.
Any authorization made under section 2 or 3 shall be in the appropriate form set out in the Schedule.
(1) Nothing in this Act shall be deemed to affect the provisions of the National Land Code [Act 56 of 1965] or of the Land Ordinances of Sabah [Cap 68] or Sarawak [Cap 81] as to the use or occupation of State land.
(2) (Omitted).
[Section 9]
AUTHORIZATION UNDER SECTIONS 2 AND 3
A
I *Minister/Chief Minister ................................................................... β hereby authorize ........................................................................................................... to sign the contract between *the Government of Malaysia/the Government of the State of .................................................... and .............................................. for ..................................................................................................................... ............................................................................................................................ (Here briefly describe the particular contract)
Signed ................................................................... *Minister/Chief Minister/Minister, State of ...............
* Omit whichever is inappropriate. β Here insert the title of the office of the Minister of the Government.
B
I *Minister/Chief Minister .................................................................. β hereby authorize ............................................................................................ to sign on behalf of *the Government of Malaysia/the Government of the State of ..................................................................................................... any contracts (in his department) below a value of RM ............................................................
Signed................................................................... *Minister/Chief Minister/Minister, State of ..................
* Omit whichever is inappropriate. β Here insert the title of the office of the Minister of the Government.
Cite this legislation
- Official citation
- Act 120
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) β
Government Contracts Act 1949 [Act 120] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-120
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).