Definitions
In PART II of this Act, and in every written law as hereinafter defined, and in all public documents enacted, made or issued before or after 31 January 1948 the following words and expressions shall, as from that date and without prejudice to anything done prior thereto, have the meanings hereby assigned to them respectively, unless there is something in the subject or context inconsistent with such construction or unless it is therein otherwise expressly provided—
“abet” with its grammatical variations and cognate expressions has the same meaning as in the Penal Code [Act 574];
“Accountant General” means the chief accounting officer of the receipts and payments of the Federation;
“act” used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to illegal omissions;
“Act” or “Act of Parliament” means a law made by Parliament;
“advocate” and” “advocate and solicitor” mean an advocate and solicitor of the High Court;
“appropriate Service Commission” in relation to any public officer means such Service Commission as under the Constitution has jurisdiction over such officer or in the case of a public officer in the employment of the Government of a State who is not under the jurisdiction of any of such Commission means the public Service Commission of such State having jurisdiction over such officer or if there is no such Commission means the Menteri Besar of such State;
“Armed Forces” or “Armed Forces of the Federation” includes any regular or volunteer, military, naval or air forces established or maintained under or in accordance with any written law of the Federation;
“Armed Forces Council” means the Armed Forces Council established by Article 137 of the Constitution;
“Attorney General” means the Attorney General of the Federation;
“Auditor General” means the Auditor General of the Federation;
“British possession” means any part of Her Britannic Majesty’s dominions exclusive of the United Kingdom;
“Cabinet” or “Jemaah Menteri” means the Cabinet of Ministers appointed under Article 43 of the Constitution;
“Chapter”, “Part”, “section”, and “Schedule” indicate respectively a Chapter, Part and section of, and Schedule to, the written law in which the word occurs; and “subsection” indicates a subsection of the section of the written law in which the word occurs;
“Chief Justice” means the Chief Justice of the High Court in Malaya or of the High Court in Borneo, as the case may require;
“Chief Minister” includes Menteri Besar;
“citizen” means a citizen of the Federation;
“Civil List” means the provision made for the maintenance of the Yang di-Pertuan Agong, his Consort, a Ruler or Yang di-Pertua Negeri out of public funds;
“commencement” used with reference to an Act of Parliament, Ordinance or Enactment means the time at which the Act of Parliament, Ordinance or Enactment comes into operation;
“common law” means the common law of England;
“the Commonwealth” means collectively the Commonwealth countries, any part of Her Britannic Majesty’s dominions not being a Commonwealth country, any territory under the protection of a Commonwealth country and any territory administered by the government of a Commonwealth country under the trusteeship system of the United Nations;
“Commonwealth country” has the meaning assigned to it in the Constitution;
“Concurrent List” means the Third List set out in the Ninth Schedule to the Constitution, being the list enumerating the matters with respect to which both Parliament and a State Legislature may make laws;
“Conference of Rulers” means the Majlis Raja-Raja (Conference of Rulers) established by Article 38 of the Constitution;
“Consolidated Fund” or “Federal Consolidated Fund” means the Federal Consolidated Fund established by Article 97 of the Constitution;
“Constitution” or “Federal Constitution” means the Constitution of the Federation;
“consular officer” means a consul-general, consul, vice-consul or consular agent representing a foreign sovereign power to whom an exequatur or provisional or other authorization to perform consular
functions has been granted by the Government of the Federation, and includes an officer of any Commonwealth country who is for the time being recognized by the Government of the Federation as an officer of that country performing in the Federation functions substantially corresponding to those which in the case of a foreign sovereign power would be performed by a consular officer;
“court” means any court of the Federation of competent jurisdiction;
“Council of State” means the Majlis Mesyuarat Negeri or Council of State of a State;
“Crown Agents” means the persons for the time being acting as Crown Agents for Oversea Government and Administrations in England, or any of them;
“daily fine” means a fine for each day on which an offence is continued after conviction therefor;
“Deputy Speaker” means the Deputy Speaker of the House of Representatives;
“Deputy Supreme Head” or “Timbalan Yang di-Pertuan Agong” means the Deputy Supreme Head of the Federation;
“District Officer” means the officer in administrative Charge of the district, and, in districts where there is no District Officer, means the Land Administrator or such other officer as the Ruler in Council or Yang di-Pertua Negeri in Council may be notification on the “Gazette appoint to perform the duties imposed and exercise the powers conferred upon the District Officer by any written law;
“Election Commission” means the Election Commission established by Article 113 of the Constitution;
“elector” means a person who is entitled to vote in an election to the House of Representatives or the Legislative Assembly of a State;
“Enactment” includes Enactments of the Legislatures of the States whether enacted before or after Merdeka Day, and Enactments of the legislature of the Federated Malay States;
“export” means to take or cause to be taken out of the Federation or any part thereof by land, sea or air;
“Federal Government” means the Government of the Federation;
“Federal law” means—
(a) any law in operation in the Federation or any part thereof immediately before Merdeka Day, being a law relating to a matter with respect to which Parliament has power to make laws;
(b) any Ordinance of the Legislative Council enacted on or after Merdeka Day; and
(c) any Act of Parliament;
“Federal List” means the First List set out in the Ninth Schedule to the Constitution, being the list enumerating the matters with respect to which Parliament may make laws;
“Federal ordinance” means—
(a) any law made under Part V of the Federation of Malaya Agreement 1948;
(b) any law made by the Legislative Council under the Constitution;
“Federal public office” means an office of emolument under the Federal Government; and “Federal public officer” or “Federal officer” means the holder of any such office;
“federal purposes” includes the purposes of the Federation in connection with matters enumerated in the Concurrent List and with
any other matters with respect to which Parliament has power to make laws otherwise than by virtue of Article 76 of the Constitution;
“Federation” means the Federation established in accordance with the Federation of Malaya Agreement 1957;
“financial year” means the period from the first day of January to the thirty-first day of December;
“Foreign country” does not include any part of the Commonwealth or the Republic of Ireland;
“Gazette” means the official Gazette of the Federation and of the States, and includes supplements thereto and any Extraordinary Gazette;
“Government” or “Federal Government” means the government of the Federation;
“Government analyst” includes any assistant or other analyst employed by the Government;
“Government Printer” includes any printer authorized, either generally or in a particular case or class of cases, to print Acts of Parliament, Ordinances or other documents of the Government;
“Houses of Parliament” means the Senate and the House of Representatives;
“House of Representatives” or “Dewan Rakyat” means the House of Representatives established by Article 44 of the Constitution; and until the dissolution of the Legislative Council continued under Article 164 of the Constitution means that Council;
“Hukum Syarak” means the body of law known in English as Islamic Law;
“immovable property” includes land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;
“Imperial Parliament” means the Parliament of the United Kingdom;
“import” means to bring or cause to be brought into the Federation or any part thereof by land, sea or air;
“imprisonment” means imprisonment in accordance with the provisions of the *Prisons Ordinance 1952 [Ord. 81 of 1952];
“judge” includes any person appointed to exercise the powers of a judge;
“Keeper of the Rulers’ Seal” or “Penyimpan Mohor Besar Raja- Raja” means the person appointed to act as Secretary to the Conference of Rulers under section 3 of the Fifth Schedule to the Constitution;
“law” includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or in any part thereof;
“law officers” means the persons for the time being holding the offices of Attorney General and Solicitor General respectively;
“Legislative Assembly” includes a Council of State;
“Legislature” in relation to a State, or “State Legislature”, means the authority for the time being having power under the Constitution of that State to make laws for the State;
“Legislative Council” means the Legislative Council continued under Article 164 of the Constitution;
“Local authority” means the Municipal Councillors of any Municipality, a Town Council, Town Board, Rural Board or other similar local authority constituted by or under any written law for the time being in force; * NOTE—The Prisons Ordinance 1952 [Ord. 81 of 1952] has since been repealed by the Prison Act 1995 [Act 537]–see section 68 of Act 537.
“Malay” means a person who profess the Islamic religion, habitually speaks the Malay language, conforms to Malay custom and—
(a) was before Merdeka Day born in the Federation or born of parents one of whom was born in the Federation, or is on that day domiciled in the Federation; or
(b) is the issue of such a person;
“Malaya” means the States of the Federation and Singapore;
“magistrate” means a magistrate appointed under any law for the time being in force for the establishment of civil or criminal courts;
“master” used with reference to a ship means any person, except a pilot or harbour master, having for the time being control or charge of the ship;
“mental disorder” means insanity or idiocy; and “mentally disordered person” means a person of unsound mind or an idiot;
“Menteri Besar” means the chief minister and senior executive officer in a Malay State;
“Merdeka day” means the thirty-first day of August 1957;
“Minister” means a Minister appointed by the Yang di-Pertuan Agong under Article 43 of the Constitution; and any reference in any provision of any written law to a Minister means the Minister for the time being charged with the responsibility for the matters to which such provisions relates;
“monogamous marriage” means a marriage which is recognized by the law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage;
“month” means calendar month according to the Gregorian calendar;
“movable property” means property of every description except immovable property as defined in Part II of this Act;
“mukim” shall mean, in the State of Kelantan, daerah;
“National Finance Council” means the National Finance Council established by Article 108 of the Constitution;
“National Land Council” means the National Land Council established by Article 91 of the Constitution;
“oath” and “affidavit” in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and “swear” in the like case includes affirm and declare;
“officer” and “public officer” mean a person in the permanent or temporary employment of any Government in the Federation, and any person employed or deemed to be employed by the Railway Administration under the provisions of the *Railway Ordinance 1948;
“Ordinance” includes PART II of this Act and—
(a) any Federal Ordinance;
(b) any Ordinance of the Malayan Union;
(c) any Proclamation issued by, or under the authority of, the Supreme Allied Commander, South East Asia;
(d) any Ordinance of the legislature of the Colony of the Straits Settlements;
(e) any Enactment of the legislature of the Federated Malay States; and
(f) any State Enactment enacted before the first day of April 1946; having the force of law in the Federation or any part thereof; * NOTE—The Railway Ordinance 1948 [Ord. 8 of 1948] has since been repealed by the Railways Act 1991 [Act 463]–see section 105 of Act 463.
“penghulu” shall mean in the State of Kelantan, penggawa;
“Parliament” means the Yang di-Pertuan Agong and the Houses of Parliament; and until the dissolution of the Legislative Council continued under Article 164 of the Constitution means the Yang di- Pertuan Agong acting with the advice and consent of that Council;
“person” and “party” includes any body of persons, corporate or unincorporate;
“police officer” means any member of the police force of the Federation; “Police Force Commission” means the Police Force Commission established by Article 140 of the Constitution;
“Prime Minister” or “Perdana Menteri” means the person appointed as Prime Minister by the Yang di-Pertuan Agong under Article 43 of the Constitution;
“prescribed” means prescribed by or under the Act of Parliament, Ordinance or Enactment in which the word occurs;
“President of the Senate” or “Yang di-Pertua Dewan Negara” includes the Deputy President of the Senate or such other member of the Senate as may be determined by the rules of procedure of the Senate, whenever the Deputy President or such other member is acting as President of the Senate;
“Proclamation” includes a Proclamation made by, or under the authority of, the Supreme Allied Commander, South East Asia, during the period between the fifteenth day of August 1945, and the first day of April 1946;
“public holiday” means any day which is declared to be or proclaimed as a public holiday or which, under any written law, is to be observed as a public holiday in the Federation or any part thereof;
“public place” includes every public highway, street, road, bridge, square, court, alley, lane, bridleway, footway, parade, wharf, jetty,
quay, public garden or open space, and every theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have access;
“Public Seal” means the Public Seal of the Federation;
“Public Services Commission” means the Public Services Commission established by Article 139 of the Constitution;
“Railway Service Commission” means the Railway Service Commission established by Article 141 of the Constitution;
“registered” used with reference to a document, means registered under the provisions of the law for the time being applicable to the registration of such document;
“regulations” includes rules, rules of court and by-laws;
“Rule Committee” means the Rule Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the High Court;
“Ruler”—
(a) in the case of Negeri Sembilan, means the Yang di- Pertuan Besar and the Ruling Chiefs; and
(b) in the case of any State, includes any person who in accordance with the Constitution of that State exercises the functions of Ruler;
“Ruler in Council” means a Ruler acting after consultation with the State Executive Council but (except when he is required by the State Constitution or by any law to act in accordance with the advice of such Council) not necessarily acting in accordance with the advice of such Council;
“rules of court” means, when used in relation to any court, rules made by the Rule Committee;
“the Ruling Chiefs” means the persons who are for the time being the Undang of Sungei Ujong, the Undang of Jelebu, the Undang of Johol, the Undang of Rembau and the Tunku Besar of Tampin;
“seaman” includes every person (except masters, pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship;
“Secretary of State” means one of Her Britannic Majesty’s Principal Secretaries of State;
“sell” and “sale” include exchange, barter and offering or exposing for sale;
“Senate” or “Dewan Negara” means the Senate established by Article 44 of the Constitution;
“Senator” means a member of the Senate;
“service by post”: where an Act of Parliament or Ordinance authorizes or requires any document to be served by post, whether the expression “serve” or the expression “give” or “send” or any other expression is used, then, unless the contrary intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post;
“Service Commission” means a Commission to which Part X of the Constitution applies;
“ship” includes every description of vessel used in navigation not exclusively propelled by oars or paddles;
“sign” with reference to a person who is unable to write his name, includes “mark”;
“Speaker” or “Yang di-Pertua Dewan Rakyat” means the Speaker of the House of Representatives and includes the Deputy Speaker or such other member of the House of Representatives as may be
determined by the rules of procedure of that House, whenever the Deputy Speaker or such other member is acting as Speaker;
“State” or “State of the Federation” means such one of the States of the Federation as the circumstances may require;
“State of Singapore” or “Singapore” means the State of Singapore established under the State of Singapore Act 1958, of the United Kingdom;
“State Enactment” means any enactment of the Legislature of any State having the force of law in that State, whether enacted before or after Merdeka Day, but does not include an enactment of the Legislature of the Federated Malay State;
“State Executive Council” means the Executive Council established for a State pursuant to the Constitution of that State;
“State law” means—
(a) any law in operation in a State or any part thereof immediately before Merdeka Day, being a law relating to a matter with respect to which the Legislature of the State has power to make laws; and
(b) a law made by the Legislature of a State;
“State List” means the Second List set out in the Ninth Schedule to the Constitution, being the list enumerating the matters with respect to which a State Legislature may make laws;
“State purposes” includes, in relation to any State, the purposes of the State in connection with matters enumerated in the Concurrent List and with any other matters with respect to which the Legislature of the State has power to make laws;
“State Pardons Board” means the Pardons Board established for a State by Article 42 of the Constitution;
“State Reserve Fund” means the State Reserve Fund established by Article 109 of the Constitution;
“States of the Federation” means the States of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor, Terengganu, Malacca and Penang, and all dependencies, islands and places which on Merdeka Day were administered as part thereof, and the territorial waters adjacent thereto;
“statutory declaration” if made—
(a) in the Federation, means a declaration made by virtue of the provisions of any written law providing for such declarations;
(b) in the United Kingdom or any British possession means a declaration made before a justice of the peace, notary public or other person having authority therein under any law for the time being in force to take or receive a declaration;
(c) in any other place means a declaration made before a consular officer of the Federation or before any person having authority under any Ordinance or Act of Parliament for the time being in force to take or receive a declaration;
“subsidiary legislation” means any Order in Council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act of Parliament, Ordinance, Enactment or other lawful authority and having legislative effect;
“Supreme Court” means the Supreme Court of the Federation constituted by Part IX of the Constitution;
“territorial waters” means in relation to any territory the inland waters of such territory and such part of the sea adjacent to the coast thereof as is deemed by international law to constitute the territorial waters of such territory;
“the Treasury” means the Minister charged with responsibility for finance and includes any officer under the administrative control or direction of such Minister to whom such Minister has delegated or who, in accordance with section 6 or section 7 of the Delegation of Powers Act 1956, is authorized to exercise powers under the Financial Procedure Act 1957; “United Kingdom” means Great Britain and Northern Ireland;
“vessel” includes floating craft of every description;
“weekly holiday” means Sunday or, in States where Friday is observed as the weekly holiday, Friday;
“will” includes a codicil; words importing the masculine gender include females; words in the singular include the plural, and words in the plural include the singular;
“writing” and expressions referring to writing include printing, lithography, typewriting, photography, and other modes of representing or reproducing words or figures in visible form;
“written law” means all Acts of Parliament, Ordinances and Enactments in force in the Federation or any part thereof and all subsidiary legislation made thereunder, and includes the Federal Constitution;
“Yang di-Pertuan Agong” or “Supreme Head” or “Supreme Head of the Federation” means the person who is for the time being holding the office of Yang di-Pertuan Agong in accordance with the provisions of the Constitution, and includes the Deputy Supreme Head or a Ruler whenever he is lawfully exercising the functions of the Yang di-Pertuan Agong;
“Yang di-Pertuan Negara” means the Representative of Her Britannic Majesty in and for Singapore and includes any person for the time being lawfully exercising the functions of such Representative;
“Yang di-Pertua Negeri” means the Yang di-Pertua Negeri of the State of Malacca or Penang, as the circumstances may require, and
includes any person for the time being lawfully exercising the functions of such Yang di-Pertua Negeri;
“Yang di-Pertua Negeri in Council” means a Yang di-Pertua Negeri acting in accordance with the advice of the State Executive Council or of a member thereof acting under the general authority of such Council;
“year” means a year reckoned according to the Gregorian calendar.
(2) Where any word or expression is defined in this or any other written laws such definition shall be deemed to extend mutatis mutandis to the grammatical variations and cognate expressions of such word or expression. [s. 2]
DIVISION SIX General Provisions Regarding Acts of Parliament, Ordinances and Enactments
Acts of Parliament, Ordinances and Enactments to be public Acts of Parliament, Ordinances and Enactments
Every Act of Parliament, Ordinance and Enactment shall be a public Act of Parliament, Ordinance or Enactment, as the case may be, and shall be judicially noticed as such unless the contrary is expressly provided by the Act of Parliament, Ordinance or Enactment. [s. 3]
Sections to be substantive Enactment
Every section of an Act of Parliament, Ordinance or Enactment shall have effect as a substantive enactment without introductory words. [s. 4]
Schedules
Every Schedule to an Act of Parliament, Ordinance or Enactment shall, together with any note thereto, be construed and have effect as part of the Act of Parliament, Ordinance or Enactment. [s. 5]
Sub-divisions of Acts of Parliament, Ordinances and Enactments
When an Act of Parliament, Ordinance or Enactment is divided into parts, chapters, titles or other sub-divisions, the fact and particulars of such division shall, with or without express mention thereof in the Act of Parliament, Ordinance or Enactment, be taken notice of in all courts and for all purposes whatsoever. [s. 6]
Forms
Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them. [s. 7]
Mode of citing Acts of Parliament, Ordinances and Enactments
(1) When any Act of Parliament, Ordinance or Enactment is referred to, it shall be sufficient for all purposes to cite such Act of Parliament, Ordinance or Enactment either by the short title, if any, by which it is made citable, or by the year in which it was made and its number among the Acts of Parliament, Ordinances or Enactments of that year or, in the case of a revised edition of the Acts of Parliament, Ordinances or Enactments issued under any written law providing for the issue of a revised edition, by its short title or its chapter number; and the reference may in all cases be made according to the copies of Acts of Parliament, Ordinances or Enactments printed by the Government Printer.
(2) Any reference in an Act of Parliament, Ordinance or Enactment, or in any subsidiary legislation, to any other written law shall, unless
the contrary intention appears, be construed as a reference to that other law as for the time being in force. [s. 8]
DIVISION SEVEN Repeal, Re-Enactment and Amending Legislation
Repeal of repealing laws
Where any written law repealing in whole or in part any former written law is itself repealed, such last repeal shall not revive the written law or provisions before repealed, unless words be added reviving such written law or provisions. [s. 9]
Repeal of amended law to include amendments
Where any written law which has been amended by any other written law is itself repealed, such repeal shall be deemed to include the repeal of all written laws or parts of written laws by which such first mentioned written law has been amended. [s. 10]
Repeal and substitution
(1) Where a written law repeals wholly or in part any former written law and substitutes other provision therefore, the repealed written law shall remain in force until the substituted provision comes into operation.
(2) Where a written law repeals in whole or in part any former written law and substitutes other provisions therefore, any subsidiary legislation made under the former written law shall, so far as it is not inconsistent with such substituted provisions, remain in force until revoked or replaced by subsidiary legislation made under the repealing written law, and shall be deemed for all purposes to have been made thereunder. [s. 11]
Reference to re-enacted provisions
Where any written law repeals and re-enacts, with or without modification, any provision of a former written law, references in any other written law to the provision so repealed shall, unless the contrary intention appears, be construed as references to the provision so re-enacted. [s. 12]
Effect of repeal
Where a written law repeals in whole or in part any other written law, then, unless the contrary intention appears, the repeal shall not—
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any written law so repealed or anything duly done or suffered under any written law so repealed; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any written law so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any written law so repealed; or
(e) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed. [s. 13]
Construction of amending Act of Parliament, Ordinance or Enactment
Where an Act of Parliament, Ordinance or Enactment amends or adds to any Act of Parliament, Ordinance or Enactment, the amending Act of Parliament, Ordinance or Enactment shall, so far as is consistent with the tenor thereof, and unless the contrary intention appears, be construed as one with the amended Act of Parliament, Ordinance or Enactment and as part thereof. [s. 14]
Effect of expiration of written law
The expiration of a written law shall not affect any civil or criminal proceeding previously commenced under such written law, but every such proceeding may be continued and everything in relation thereto may be done in all respects as if the written law continued in force. [s. 15]
Ordinance or Act of Parliament may be altered or repealed in same session
Any Ordinance or Act of Parliament may be altered, amended or repealed in the session of the Legislative Assembly or Parliament in which it was passed. [s. 16]
DIVISION EIGHT Imperial Acts
Citation of Imperial Statutes
Any Act passed by the Parliament of the United Kingdom may be referred to by the term “Imperial Act” and may be cited by its short title, if any, or by reference to the regnal year in which it was passed and its chapter. [s. 17]
Imperial Acts to be read with necessary modification
Whenever by any Imperial Act, Order of the King in Council or written law any Imperial Act is extended or applied to the Federation or any part thereof, such Act shall be read with such formal alterations as to names, localities, courts, officers, persons, moneys, penalties and otherwise as may be necessary to make the same applicable to the circumstances. [s. 18]
Reference in written law to provision of Imperial Act
Where in any written law reference is made to any provision of an Imperial Act and that provision is subsequently repealed and reenacted without substantial modification, the reference in such written law to the provision of the Imperial Act so repealed shall, if the context so requires and unless the contrary intention appears, be construed as a reference to the provision so re-enacted. [s. 19]
DIVISION NINE Subsidiary Legislation
Use of defined terms in subsidiary legislation
Where an Act of Parliament, Ordinance or Enactment confers power to make any subsidiary legislation, expressions used in the subsidiary legislation shall, unless the contrary intention appears, have the same respective meaning as in the Act of Parliament, Ordinance or Enactment conferring the power and any reference in such subsidiary legislation to “the Act” or “the Ordinance” or “the Enactment” shall be read as meaning the Act of Parliament, Ordinance or Enactment conferring the power to make such subsidiary legislation. [s. 20]
Exercise of statutory powers between enactment and commencement of Act of Parliament, Ordinance or Enactment
When an Act of Parliament, Ordinance or Enactment which is not to come into operation immediately on the passing thereof confers power to make any appointment or to make subsidiary legislation, or to issue notifications, or to prescribe forms or to do any other thing for the purposes of the Act of Parliament, Ordinance or Enactment, such power may, unless the contrary intention appears, be exercised at any time after the passing of the Act of Parliament, Ordinance or Enactment, subject to the restriction that any appointment, instrument, notification or thing made, granted, issued, given or done under such power shall not, unless the contrary intention appears in the Act of Parliament, Ordinance or Enactment, or the appointment, instrument, notification or thing is necessary for bringing the Act of Parliament, Ordinance or Enactment into operation, have any effect until the Act of Parliament, Ordinance or Enactment comes into operation. [s. 21]
Commencement of subsidiary legislation
(1) Subsidiary legislation made under any Act of Parliament, Ordinance, Enactment or other lawful authority shall, unless it be otherwise expressly provided in any Act of Parliament, Ordinance, be published in the Gazette and, unless it be otherwise provided in such subsidiary legislation, shall take effect and come into operation as law on the date of such publication.
(2) Any such subsidiary legislation may be made to operate retrospectively to any date not being a date earlier than the commencement of the Act of Parliament, Ordinance or Enactment under which such subsidiary legislation is made. [s. 22]
General provisions with respect to power given to any authority to make subsidiary legislation
When an Act of Parliament, Ordinance or Enactment confers power on any authority to make subsidiary legislation, the following
provisions shall, unless the contrary intention appears, have effect with reference to the making and operation of such subsidiary legislation:
(a) subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made:
Provided that where such authority has been replaced wholly or partially by another authority, the power conferred herein upon the original authority may be exercised by the replacing authority concerning all matters or things within its jurisdiction as if it were the original authority;
(b) there may be annexed to the breach of any subsidiary legislation such penalty not exceeding one thousand ringgit, or such term of imprisonment not exceeding six months, or both, as the authority making the subsidiary legislation may think fit;
(c) when any Act of Parliament, Ordinance or Enactment confers power on any authority to make subsidiary legislation for any general purpose, and also for any special purpose incidental thereto, the enumeration of the special purposes shall not be deemed to derogate from the generality of the powers conferred with reference to the general purpose;
(d) no subsidiary legislation made under an Act of Parliament or Ordinance shall be inconsistent with any Act of Parliament or Ordinance, and no subsidiary legislation made under a State Enactment shall be inconsistent with any Act of Parliament or Ordinance or Enactment. [s. 23]
Construction of powers under which subsidiary legislation is made
Where any subsidiary legislation is expressed to be made or issued in exercise of a particular power or powers, it shall be deemed also to be made or issued in exercise of all other powers thereunto enabling. [s. 23A]
Judicial notice of proclamations, orders and regulations
Judicial notice shall be taken of every proclamation, order or regulation by the Yang di-Pertuan Agong or by a Ruler or Ruler in Council or Yang di-Pertua Negeri or Yang di-Pertua Negeri in Council made or purporting to be made in pursuance of any Act of Parliament, Ordinance or Enactment. [s. 24]
Construction of amending regulations
Where regulations amend other regulations, the amending regulations shall, so far as is consistent with the tenor thereof, and unless the contrary intention appears, be construed as one with the amended regulations. [s. 25]
Acts done under subsidiary legislation to be deemed done under Act of Parliament, Ordinance or Enactment
An act shall be deemed to be done under any Act of Parliament, Ordinance or Enactment, or by virtue of the powers conferred by any Act of Parliament, Ordinance or Enactment, or in pursuance or execution of the powers of, or under the authority of any Act of Parliament, Ordinance or Enactment, if it is done under, or by virtue of, or in pursuance of, subsidiary legislation made under any power contained in such Act of Parliament, Ordinance or Enactment. [s. 26]
Subsidiary legislation made by Yang di-Pertuan Agong to override other subsidiary legislation
Subject to any express provision in any Act of Parliament or Ordinance, where power is conferred on the Yang di-Pertuan Agong to make subsidiary legislation, any such subsidiary legislation shall take precedence over any subsidiary legislation made by any other authority in which is also vested subsidiary legislative powers in respect of the same matters, and, where any such subsidiary legislation conflicts, the subsidiary legislation made by the Yang di- Pertuan Agong shall prevail. [s. 27]
DIVISION TEN Powers and Appointments
Construction of provisions as to exercise of powers and duties
(1) Where a written law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
(2) Where a written law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.
(3) (Deleted by Ord. No. 41 of 1953). [s. 28]
Power to appoint includes power to dismiss
Where a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint
another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place:
Provided that where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority. [s. 29]
Construction of enabling words
(1) Where a written law confers power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
(2) Without prejudice to the generality of the foregoing—
(a) power to control or to regulate any matter includes power to provide for the same by the licensing thereof and power to prohibit acts whereby the control or regulation might be evaded;
(b) power to grant a licence, permit, authority, approval or exemption includes power to impose conditions subject to which the licence, permit, authority, approval or exemption is granted. [s. 30]
Appointment of officers by name or office
(1) Where by or under any written law the Yang di-Pertuan Agong or a Ruler or Governor or any public officer or body is empowered to appoint or name a person to have and exercise any powers or perform any duties, the Yang di-Pertuan Agong or such Ruler or Yang di-Pertua Negeri, public officer or body may either appoint a person by name, or direct the person for the time being holding the office designated by the Yang di-Pertuan Agong or by
such Ruler or Yang di-Pertua Negeri, public officer or body to have and exercise such powers and perform such duties; and thereupon, or from the date specified by the Yang di-Pertuan Agong or by such Ruler or Yang di-Pertua Negeri, public officer or body, the person appointed by name or the person holding the office aforesaid shall have and may exercise such powers or perform such duties accordingly.
(2) Any such appointment may be made with retrospective effect to any date not being a date earlier than the commencement of the written law under which the appointment is made. [s. 31]
Construction of powers of appointment
Where provision is made in any written law for an appointment to any public office by the Yang di-Pertuan Agong or a Ruler or Yang di-Pertua Negeri, then—
(a) in any case where but for the provisions of such law such appointment would under the provisions of Part X of the Constitution be made by a Service Commission, such law shall have effect as if it provided that such appointment, in lieu of being made by the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri, as the case may be, shall be made by such Commission or by an officer or board of officers to whom such Commission has lawfully delegated it powers;
(b) in any case where but for the provisions of such law such appointment would be made in accordance with Clauses (3) or
(4) and Clause (5) of Article 144 of the Constitution such law shall have effect as if it provided that such appointment, in lieu of being made by the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri, as the case may be, shall be made in accordance with the provisions of those Clauses; and
(c) in any case where but for the provisions of such law such appointment would constitute a transfer without change of rank within a department of Government such law shall have
effect as if it provided that such appointment, in lieu of being made by the Yang di-Pertuan Agong or the Ruler or Yang di- Pertua Negeri, as the case may be, shall be made by the head of the department of Government concerned. [s. 31A]
Official designation to include officer executing duties
When reference is made in any written law, instrument, warrant or process of any kind made or issued by the Yang di-Pertuan Agong, or a Ruler or Yang di-Pertua Negeri or any body or person having authority under any written law to make or to issue the same to any public officer by the term designating his office, such officer shall include the officer for the time being executing the duties of such office or any portion of such duties. [s. 32]
Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability
(1) Where by or under any written law any powers are conferred or any duties are imposed upon a public officer, the Yang di-Pertuan Agong or, in the case of a public officer borne on the establishment of a State, the Ruler or Yang di-Pertua Negeri of that State, may direct that if, during any period, owing to absence or inability to act from illness or any other cause, such public officer is unable to exercise the powers or perform the duties of his office in any place under his jurisdiction or control, such powers shall be had and may be exercised and such duties shall be performed in such place by a person namely by, or by a public officer holding the office designated by the Yang di-Pertuan Agong or Ruler or Yang di-Pertua Negeri, as the case may be; and thereupon such person or public officer, during any period as aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid subject to such conditions, exceptions and qualifications as the Yang di-Pertuan Agong or Ruler or Yang di-Pertua Negeri may direct.
(2) Without prejudice to subsection (1), when a substantive holder of any office is on leave of absence pending relinquishment of his
office, it shall be lawful for another person to be appointed substantively in his place. [s. 33]
Power of Yang di-Pertuan Agong or Minister to delegate hearing of appeals, etc., to Committees
(1) Where under any written law an appeal against the decision of any person lies to the Yang di-Pertuan Agong or a Minister it shall be lawful for the Yang di-Pertuan Agong or the Minister, unless the contrary intention appears in such written law, when such appeal is made to him to appoint a Committee for the purpose of hearing such appeal and advising him as to the decision that should be made thereon:
Provided that no person from whose decision the appeal is made shall be appointed a member of such Committee.
(2) In considering any advice tendered to him under subsection (1) the Yang di-Pertuan Agong or Minister shall not be bound to accept such advice. [s. 33A]
Powers to appoint chairman, etc.
Where by or under any written law a power is conferred on the Yang di-Pertuan Agong or any authority to appoint any board, commission, committee or similar body, the Yang di-Pertuan Agong or that authority may, unless, the contrary intention appears, appoint a chairman, a deputy chairman and a secretary of such board, commission, committee or similar body. [s. 33B]
Powers of a board, etc., not affected by vacancy, etc.
Where by or under any written law any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless the contrary intention appears, the powers and proceedings of such board, commission, committee or similar body shall not be affected by—
(a) any vacancy in the membership thereof;
(b) any defect afterwards discovered in the appointment or qualification of a person purporting to be a member thereof; or
(c) any minor irregularity in the convening of any meeting thereof. [s. 33C]
DIVISION ELEVEN Distance and Time
Measurement of distance
In the measurement of any distance for the purposes of any written law, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane. [s. 34]
Time of commencement
Where any written law, or any part of a written law, or any instrument or notification made thereunder, is expressed to come into operation on a particular day, it shall, unless it be otherwise expressly provided, be construed as coming into operation immediately on the expiration of the day next preceding such day. [s. 35]
Computation of time
In computing time for the purposes of any written law, unless the contrary intention appears—
(a) a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done;
(b) if the last day of the period is a weekly holiday or a public holiday (which days are in this section referred to as excluded days) the period shall include the next following day not being an excluded day;
(c) when any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being an excluded day;
(d) when an act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the time. [s. 36]
Computation of age
In computing age for the purposes of any Act, Ordinance, Enactment or subsidiary legislation a person shall be treated as having reached a specified age at the beginning of the corresponding anniversary of his birth, reckoned according to the Gregorian calendar. [s. 36A]
(Deleted by Act 261). [s. 37]
Provision when no time prescribed
Where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed and as often as the prescribed occasion arises. [s. 38]
Construction of power of extending time
Where in any written law a time is prescribed for doing any act or taking any proceeding and power is given to a court or other authority to extend such time, unless the contrary intention appears the power may be exercised by the court or other authority although the application for the same is not made until after the expiration of the time prescribed. [s. 39]
DIVISION TWELVE
Miscellaneous
Evidence of signature of Yang di-Pertuan Agong or Attorney General to fiat
Whenever the fiat of the Yang di-Pertuan Agong or of the Attorney General, Solicitor General, Public Prosecutor or a Deputy Public Prosecutor is necessary before any prosecution or action is commenced, or for any purpose whatsoever in connection with any proceeding, any document purporting to bear the fiat of the Yang di- Pertuan Agong, the Attorney General, the Solicitor General, the Public Prosecutor, or a Deputy Public Prosecutor, as the case may be, shall be received as prima facie evidence in any proceeding without proof being given that the signature to such fiat is that of the Yang di- Pertuan Agong or the Attorney General or such other person as aforesaid. [s. 40]
Solicitor General to exercise powers of Attorney General
(1) Unless in any written law it is otherwise expressly provided, the Solicitor General may perform any of the duties and may exercise any of the powers of the Attorney General.
(2) Where the Yang di-Pertuan Agong or any other person has lawfully delegated his powers to the Attorney General such delegation shall, unless otherwise expressly provided, be deemed to
be delegation of powers to both the Attorney General and the Solicitor General. [s. 40A]
Power of majority of more than two persons
Save as is otherwise expressly provided by any written law, whenever any act or thing is required to be done by more than two persons, a majority of them may do it. [s. 41]
Public officers
A reference in any written law to any public officer by the usual or common title of his office shall, if there be such an office customarily in the Federation or any State and unless the contrary intention appears, be read and construed as referring to the person for the time being holding or carrying out the duties of that office in the Federation or State, as the case may be. [s. 42]
Ex officio proceedings not to abate on death, etc.
Any civil or criminal proceedings taken by or against any person in virtue of his office shall not be discontinued or abated by his death, resignation, or absence or removal from office, but may be carried on by or against, as the case may be, the person appointed to perform the duties of the office. [s. 43]
Construction of references to laws
In any written law a description or citation of a portion of another written law shall, unless a contrary intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation. [s. 44]
(Deleted by Ord. No. 41 of 1953). [s. 45]
English text to prevail
In case of any conflict or discrepancy between the English text of a written law and any translation thereof, the English text shall prevail. [s. 46]
Use of languages other than English for oaths, declarations, etc.
(1) Where by any Act, Ordinance, Enactment or subsidiary legislation a person is required to subscribe any oath of office or secrecy, declaration of allegiance or acceptance of office, or other like instrument, which under those provisions is to be in the English language, it may be tendered to him in any language with which he is conversant if it is certified in writing by a person who—
(a) is present at the subscription, and
(b) is conversant both with that language and with the English language, that the terms of the oath, declaration or instrument, as subscribed, correspond with the terms thereof as prescribed by the said provisions. subsection and made by the person certifying, that that person satisfies the requirements of paragraphs (a) and (b) of that subsection, shall be evidence, until the contrary is proved, that he satisfies those requirements. [s. 46A]
Gazette to be evidence of matters therein
All printed copies of the Gazette, purporting to be published by authority and to be printed by the Government Printer, shall be admitted in evidence by all courts and in all legal proceedings whatsoever without any proof being given that such copies were so published and printed, and shall be taken and accepted as prima facie evidence of the proclamations, regulations, orders, appointments, notifications and other publications therein printed, and of the matters and things contained in such proclamations, regulations, orders, appointments, notifications and publications respectively. [s. 47]
DIVISION THIRTEEN Reprint of Written Laws
Reprint of written laws
(1) Where any written law has been amended, the Government Printer may, with the authority of the Yang di-Pertuan Agong, print copies of the law with the necessary additions, omissions, or substitutions effected by any written law amending it; and any copy of it purporting to be so printed shall be deemed until the contrary is shown, to be the authentic text of the amended law as in force, except in so far as may be specified in the copy, on such date as may be so specified.
(2) A reference in any written law to the number of a line of any provision of any written law shall mean such line in the latest official printed copy of such written law at the time of the enactment of the written law containing such reference. [s. 48]
[NOTE—This section has ceased to have application in so far as it is a federal law with effect from the 1 January 1969, vide section 18 of the Revision of Laws Act 1968 [Act 1]]
DIVISION FOURTEEN Penal Provision
Imposition of a penalty not a bar to civil action
The imposition of a penalty by any written law, in the absence of express provision to the contrary, shall not relieve any person from liability to answer for special damages to a person injured. [s. 49]
Provisions as to offences under two or more laws
Where any act or omission constitutes an offence under two or more written laws, or under a written law and at common law, the offender shall, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of such laws or at common law, but shall not be liable to be punished twice for the same offence. [s. 50]
Penalties prescribed to be deemed maximum penalties
Whenever in any written law a penalty is provided for an offence against such law, such provision shall be deemed to indicate that such offence shall be punishable, upon conviction, by a penalty not exceeding (except as may be otherwise expressly mentioned in such law) the penalty provided. [s. 51]
Carrying out of certain orders
Where in any written law power is given to any authority to impose any fine or make any order or give any directions whatever and it is stated that such fine, order or directions shall be imposed, be recoverable or in any manner have effect as if the same were a fine, order or direction, imposed, made or given by a court or by a judicial or other officer, any such court or judicial or other officer having jurisdiction in the place where such fine, order or direction was imposed, made or given, or where the person who was ordered to pay the fine or who is required to obey the order or direction resides or may happen to be, may take the necessary steps to enforce the payment of the fine or the carrying out of the order or direction, as the case may be, in all respects as if the fine, order or direction had in fact been imposed, made or given by such court or judicial or other officer. [s. 52]
Application of fees, fines and forfeitures
(1) Where under any written law any person is required to pay any charge or fee for any act or thing done, or document issued, or signature or seal affixed to any document, by any public officer or department, or where any person is adjudged by any court, or other authority duly authorized by law, to pay or forfeit any sum of money, such charge or fee and such sum of money shall be paid into the Treasury, unless the contrary is otherwise provided; and if any such charge or fee, or if any commission on money received or taken possession of, realised, or otherwise dealt with, is required to be paid to any public officer or department, such officer or department receiving the same shall pay it into or account for the same in due course to the Treasury.
(2) Where under any written law any thing or any animal is adjudged by any court, or other authority duly authorized by law, to be forfeited, it shall, unless the contrary is otherwise provided, or unless it is expressed by law to be forfeited to any person, be forfeited to the Government, and the net proceeds thereof, if it is ordered by competent authority to be sold, shall be paid into the Treasury, unless the contrary is otherwise provided.
(3) Nothing in this section shall affect any provision in any written law whereby any shares of fines or forfeitures, or of proceeds of forfeitures, are expressed to be recoverable by any person, or may be granted by any authority to any person. [s. 53]
(Deleted by L.N. (N.S.) 2 of 1957). [s. 54]
Saving of rights of the Yang di-Pertuan Agong and the Government
No Act of Parliament, Ordinance or Enactment shall in any manner whatsoever affect the rights of the Yang di-Pertuan Agong or of the Government unless it is therein expressly provided, or unless it appears by necessary implication, that the Yang di-Pertuan Agong or the Government, as the case may be, is bound thereby. [s. 55]
Part II to be binding on Yang di-Pertuan Agong and the Government
PART II of this Act shall be binding on the Yang di-Pertuan Agong and on the Government. [s. 56]
DIVISION FIFTEEN Repeal
Repeal
The Ordinances and Enactments set out in the First Schedule are hereby repealed to the extent specified in the third column of such Schedule. [s. 57]
[NOTE—Subject to the saving provisions under section 65, Part II of this Act shall not apply for the interpretation of any written law from 18 May 1967 in so far as it is a federal law.]
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).
