This Act may be cited as the Election Commission Act 1957.
Act 31
Election Commission Act 1957
An Act to make provision for the remuneration, privileges and protection of members of the Election Commission, for the punishment of offences in connection with the Election Commission, and for other matters connected with it.
Data synced
Text as at 1 February 2013 (LOM reprint); amendments made after that date may not be incorporated.
SectionsClick a number to jump; hover to preview the headingTap a number to jump to that section
(1) The remuneration of members of the Election Commission shall consist of the salary or fixed allowance, allowances and privileges prescribed in the Schedule.
(2) The salary or fixed allowance of each member of the Election Commission shallβ
(a) commence from the date of his appointment;
* NOTEβ See section 6 of Act A1095. ** NOTEβ See section 6 of Act A585.
Laws of Malaysia ACT 31
(b) accrue from day to day; and
(c) be payable monthly on the last day of each month or on such other day as the Treasury may from time to time determine.
A person to whom salary is payable under this Act or for whose salary as the holder of any other office provision is made by any other written law shall be entitled to receive only one such salary, but if he is the holder of two or more offices in respect of which salary is so payable and there is a difference in the salaries payable in respect of those offices, the office in respect of which salary is payable to him shall be that in respect of which the highest salary is payable.
The sum required for the remuneration payable under this Act shall be charged on the Consolidated Fund.
No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication written or oral which has taken place between the Election Commission or any member of the Commission and the Government or any Minister or public officer or any communication between members of the Election Commission in exercise of or in connection with the exercise of the functions of the Commission unless the Yang di- Pertuan Agong shall in writing consent to such production or disclosure.
Election Commission
Every member of the Election Commission shall have the like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done by him when acting in the execution of his office as is by law given to a Magistrate acting in the execution of his office.
Every member, officer and servant of the Election Commission shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].
Any person who, in connection with the exercise by the Election Commission of any of its functions, wilfully gives to the Commission or to any member thereof or to any person or body of persons appointed by the Commission to assist in the exercise of its functions any information which is false or misleading in any material particular 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 to both.
(1) No member of the Election Commission nor any other person shall, without the written permission of the Yang di-Pertuan Agong, publish or disclose to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his duty as a member in respect of any matter relating to the exercise by the Commission of any of its functions, and any person who knowingly acts in contravention of this subsection shall be guilty of an offence and
Laws of Malaysia ACT 31
shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(2) If any person having possession of any information which to his knowledge has been disclosed in contravention of this section publishes or communicates the information to any person otherwise than for the purpose of a prosecution under this Act, he 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 one year or to both.
Any person who, otherwise than in the course of his duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Election Commission or any member thereof 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 to both:
Provided that nothing in this section shall prohibit any person from supplying any information or assistance upon formal request made by the Commission.
A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.
Schedule may be amended by regulations
The Yang di-Pertuan Agong may by regulations amend the Schedule.
[Section 2]
1. SALARY:
Chairman 14,607.70 per month
Deputy Chairman 12,201.84 per month
FIXED ALLOWANCE:
Members 11,264.26 per month
ACTING ALLOWANCE:
(a) In the event of the Deputy Chairman or any member performing the functions of the Chairman or Deputy Chairman during a period exceeding twenty-eight days, he shall be entitled to an acting allowance, equivalent to the difference between his salary or fixed allowance, as the case may be, and the salary of the position he is acting in.
(b) The Deputy Chairman or any member who has been asked to perform the functions of the Chairman for the second or subsequent time shall be entitled to an acting allowance, if he performs the functions for a period exceeding fourteen days, including public holidays.
2. SUBSISTENCE ALLOWANCES (DOMESTIC):
(a) on outstation duty for a period of twenty-four hours and above:
Chairman equivalent to a member of the public service in Premier/Special Grade βAβ and above on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
Deputy Chairman equivalent to a member of the public service in Premier/Special Grade βBβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
Laws of Malaysia ACT 31
Members equivalent to a member of the public service in Premier/Special Grade βCβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
(b) on outstation duty for a period exceeding eight hours but less than twenty- four hours the rates shall be half the rates in subparagraph (a).
3. HOTEL ACCOMMODATION EXPENSES AND LODGING (DOMESTIC):
Chairman equivalent to a member of the public service in Premier/Special Grade βAβ and above on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
Deputy Chairman equivalent to a member of the public service in Premier/Special Grade βBβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
Members equivalent to a member of the public service in Premier/Special Grade βCβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
4. ALLOWANCE FOR TRAVELLING USING OWN VEHICLE: (travelling from house to office and vice versa excepted)
A member of the Commission using his own vehicle to carry out his official duty outside the headquarters is entitled to claim travelling allowance on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.
5. MEDICAL FACILITIES:
Free outpatient treatment for the Chairman, Deputy Chairman and members, their spouses and children but in case of hospitalization daily ward charges are payable according to rates chargeable for Division I officers except where hospitalization is as a result of injuries sustained in the course of duty. Where
Election Commission
the Chairman, Deputy Chairman or member is a pensioner he may opt for the medical facilities available to pensioners. βChildβ means any dependant child below 21 years of age of the Chairman, Deputy Chairman, or member, or any dependant child pursuing a first degree in an institution of higher learning and includes a child who is mentally retarded or physically handicapped in which case the age limit shall not apply. It shall also include a stepchild or a child adopted under any recognized law or custom.
6. LEAVE:
(a) Thirty days vacation leave in respect of each completed year of service with the Commission shall be granted;
(b) a member may carry forward the vacation leave which he is unable to finish on that particular year to the next succeeding year of his term of office; and
(c) a member may apply for special leave to perform the Haj on condition that he has not used this privilege while in the public service and subject to other terms and conditions as may be determined by the Government from time to time.
7. MONTHLY HOUSING ALLOWANCE:
Furnished Class βBβ or βCβ quarters shall be provided free of charge or if not living in quarters housing allowance at the following rates shall be payable:
Chairman RM2,500
Deputy Chairman RM1,600
Members RM1,300
8. GRATUITY:
A gratuity at the rate of 17Β½%β12% Employees Provident Fund (EPF) contribution x number of completed months of service x the last monthβs basic salary after deducting the employerβs contribution to the EPF shall be paidβ
(a) on the expiry of the term of appointment of the member but where a member is appointed for more than one term he may opt either to be paid
Laws of Malaysia ACT 31
at the end of each term or until he has completed all the terms (in either case he is entitled to exemption from income tax only once); or
(b) to such of his dependants as may be determined by the Yang di-Pertuan Agong or if there are no dependants, to his personal representative, if he dies while holding office.
9. ADVANCE TO PURCHASE MOTOR VEHICLES:
(payable within the term of office of the member during which the advance is given on such terms and conditions as stipulated in the Treasury Circular or Circular Letter for Advance to Purchase Motor Vehicles for members of the public services or as may be determined by the Treasury from time to time).
Chairman and Deputy Chairman RM70,000
Members RM65,000
10. DRIVERβS ALLOWANCE:
Chairman and provided with a driver or if the driver employed Deputy Chairman is not from the public service, the salary is based on Grade R3 of the Malaysian Remuneration System.
Members equivalent to a member of the public service in Premier/Special Grade βCβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
11. AIR TRAVEL:
(βdomesticβ means flights within and to and from Brunei, Kalimantan, Malaysia, Singapore and Thailand (from Phuket southwards)).
Chairman, Deputy First Class (non-domestic and domestic) Chairman and members
Election Commission
12. MONTHLY ENTERTAINMENT ALLOWANCE:
Chairman RM5,000
Deputy Chairman RM3,050
Members RM 2,500
13. OFFICIAL CAR:
The Chairman and Deputy Chairman shall be provided with an official car as may be determined by the Treasury from time to time.
14. TRAVELLING ELIGIBILITY WHEN REPORTING FOR DUTY:
A member of the Commission is entitled toβ
(a) claim air fare based on his eligibility when travelling to report for duty;
(b) air fare for the spouse and any child under the age of 21 years old; and
(c) transfer allowance to his home state when his term of office expires.
15. SUBSTITUTION ALLOWANCE:
A member of the Commission is entitled to substitution allowance when using his own car for carrying out official functions outside headquarters subject to terms and conditions as may be determined by the Treasury from time to time.
16. ADVANCE:
When carrying out official functions outside headquarters, a member of the Commission is entitled to an advance subject to the terms and conditions as may be determined by the Treasury from time to time.
17. MISCELLANEOUS EXPENSES:
When travelling to carry out official functions, the following miscellaneous expenses incurred shall be reimbursed:
Laws of Malaysia ACT 31
(a) telephone, telegram or postal charges incurred in respect of the official functions;
(b) laundry expenses (to be supported by receipts) incurred during hotel stay of more than three days; and
(c) parking, toll and ferry charges (to be supported by receipts).
18. HOUSE UPKEEP ALLOWANCE:
Chairman RM3,000 per year
Deputy Chairman and Members RM2,000 per year
19. SERVANTSβ ALLOWANCE:
Chairman RM1,000 per month
Deputy Chairman and Members RM500 per month
20. WATER AND ELECTRICITY CHARGES:
The Chairman shall be entitled to free water and electricity.
21. OFFICIAL DUTY OUTSIDE MALAYSIA:
(a) Subsistence Allowances
Chairman equivalent to a member of the public service in Premier/Special Grade βAβ and above on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.
Deputy Chairman equivalent to a member of the public service in Premier/Special Grade βBβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.
Election Commission
Members equivalent to a member of the public service in Premier/Special Grade βCβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.
(b) Hotel Accommodation Expenses and Lodging
Chairman equivalent to a member of the public service in Premier/Special Grade βAβ and above on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.
Deputy Chairman equivalent to a member of the public service in Premier/Special Grade βBβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.
Members equivalent to a member of the public service in Premier/Special Grade βCβ on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.
(c) Miscellaneous Expenses
When carrying out official duty outside Malaysia, a member of the Commission is entitled to claim miscellaneous expenses on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
(d) Warm Clothing Allowance
When required to carry out official duty in countries of temperate climate, a member of the Commission is eligible to claim Warm Clothing Allowance on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
22. EX-GRATIA SCHEME FOR WORK DISASTER:
A member of the Commission involved in an accident or injured while on official duty is entitled to receive benefit on such terms and conditions as
Laws of Malaysia ACT 31
stipulated in Treasury Circular No. 7 of 2001 or as may be determined by the Treasury from time to time.
23. SICK LEAVE:
A member of a Commission is entitled to sick leave subject to the terms and conditions stipulated in Part lll Chapter C General Orders 1974 and the Services Circular No. 2 of 2006 or any amendments thereto.
LAWS OF MALAYSIA
ELECTION COMMISSION ACT 1957
Cite this legislation
- Official citation
- Act 31
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) β
Election Commission Act 1957 [Act 31] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-31
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).