Power of Yang di-Pertuan Agong to delegate powers and duties
Where by any written law the Yang di-Pertuan Agong is empowered to exercise any powers or perform any duties, he may, subject to section 11, by notification in the Gazette, delegate subject to such conditions and restrictions as may be prescribed in such notification the exercise of such powers or the performance of such duties to any person described by name or office.
(Omitted).
Power of Minister to delegate powers and duties by notification in the Gazette
Where by any written law a Minister is empowered to exercise any powers or perform any duties, he may, subject to section 11, by notification in the Gazette delegate subject to such conditions and restrictions as may be prescribed in such notification the exercise of such powers or the performance of such duties to any person described by name or office.
Exercise of powers by subordinates of Ministers or Chief Ministers
(1) Subject to section 11 and of any written law expressly to the contrary all acts, orders or directions which could lawfully be done or given, in the exercise of any power or in the performance of any duty conferred or imposed by any written law, by a Minister or the Chief Minister of a State may, subject to any directions given by him be validly and effectually done or given on his behalf and in his name by any officer under his administrative control and expressly or impliedly authorized by him generally or specially thereto or in the case of a Minister be done or given on his behalf and in his name by a Deputy Minister. (2) A certificate in writing purporting to be under the hand of a Minister or Chief Minister personally that any person was at the material date an officer under his administrative control or that any such officer was expressly or impliedly authorized by him to do or give a certain act, order or direction shall be conclusive evidence of the facts stated in such certificate.
Ratification of acts, orders and directions done by subordinates in the name and on behalf of a Minister or Chief Minister
Where any act, order or direction has been done or given by any officer in good faith and purporting to act in the name and on behalf of a Minister or the Chief Minister of a State but without being authorized thereto and such act, order or direction could have lawfully been done or given by such officer by virtue of section 6 if he had been so authorized, the Minister or Chief Minister, as the case may be, may ratify the doing or giving of such act, order or direction and thereupon the same shall have effect as if at the date on which such act, order or direction was so done or given such officer had been duly authorized thereto: Provided that such ratification shall not have effect to expose any person to any claim for damages or to any penalty, forfeiture or punishment to which he would not have been otherwise exposed in respect of any matter which occurred before the date on which such ratification was brought to his notice or on which written notice of such ratification was first published in the Gazette, whichever was the earlier.
Power of Ruler and Ruler in Council or Yang di-Pertua Negeri in Council to delegate powers and duties
Where by any written law the Ruler or Ruler in Council or Yang di-Pertua Negeri in Council of any State is empowered to exercise any powers or perform any duties, he may, subject to section 11, by notification in the Gazette delegate subject to such conditions and restrictions as may be prescribed in such notification the exercise of such powers or the performance of such duties to any person described by name or office.
Power of Chief Minister to delegate powers and duties by notification in the Gazette
Where by any written law the Chief Minister of any State is empowered to exercise any powers or perform any duties, he may subject to section 11, with the approval of the Ruler or Yang di- Pertua Negeri of such State by notification in the Gazette, delegate subject to such conditions and restrictions as may be prescribed in such notification the exercise of such powers or the performance of such duties to any person described by name or office.
(Omitted).
No delegation of power to make regulations
Nothing in this Part shall apply to any power to make regulations conferred upon any person by any written law.
Exercise of powers notwithstanding delegation
No delegation under this Act of any power or duty shall affect the exercise of such power or the performance of such duty by the Yang di-Pertuan Agong, the Ruler, the Ruler in Council, the Yang di-Pertua Negeri, the Yang di-Pertua Negeri in Council, a Minister or Chief Minister, as the case may be.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).