Establishment of the Commission
(1) A body corporate to be known as the Enforcement Agency Integrity Commission is established.
(2) The Commission shall have perpetual succession and a common seal.
(3) The Commission may sue and be sued in its name.
(4) Subject to and for the purposes of this Act, the Commission may, upon such terms as the Commission deems fit—
(a) enter into contracts;
(b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and
(c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest in the property vested in the Commission.
Functions of the Commission
(1) The functions of the Commission are as follows:
(a) to receive complaints of misconduct from the public against an enforcement officer or against an enforcement agency in general and to investigate into and conduct hearings on such complaints;
(b) to formulate and put in place mechanisms for the detection, investigation and prevention of misconduct by an enforcement officer;
(c) to protect the interest of the public by preventing and dealing with misconduct of an enforcement officer;
(d) to provide for the auditing and monitoring of particular aspects of the operations and procedures of an enforcement agency;
(e) to promote awareness of, enhancement of, and education in relation to, integrity within an enforcement agency and to reduce misconduct amongst enforcement officers;
(f) to assist the Government in formulating legislation, or to recommend administrative measures to the Government or an enforcement agency, in the promotion of integrity and the abolishment of misconduct amongst enforcement officers;
(g) to study and verify any infringement of enforcement procedures and to make any necessary recommendations relating thereto; and
(h) to make site visits to the premises of an enforcement agency, including visiting police stations and lockups in accordance with the procedures under any written law, and make any necessary recommendations relating thereto.
(2) The Commission shall have power to do all things expedient or reasonably necessary for, or incidental to, the performance of its functions.
Constitution of the Commission
(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint not more than seven Commissioners, of whom there shall be a Chairman and a Deputy Chairman, for such period and on such terms and conditions as may be specified in the instrument of appointment.
(2) No person shall be eligible to be appointed as a Commissioner if he is or was an enforcement officer.
(3) The appointment of Commissioners under this section shall be published in the Gazette.
Remuneration
A Commissioner shall be paid such remuneration and allowances as the Yang di-Pertuan Agong may determine.
Term of office
(1) Subject to subsection (2), a Commissioner holds office for a term not exceeding three years as may be specified in his instrument of appointment, but he is eligible for re-appointment.
(2) A person may not hold the office of a Commissioner for more than two terms consecutively.
(3) A Commissioner may at any time resign his office by letter addressed to the Yang di-Pertuan Agong.
(4) The appointment of a Commissioner may at any time be revoked by the Yang di-Pertuan Agong.
Vacation of office
The office of a Commissioner shall be vacated if—
(a) he dies;
(b) there has been proved against him, or he has been convicted on, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or
(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(c) he becomes a bankrupt;
(d) he is of unsound mind or is otherwise incapable of discharging his duties;
(e) he absents himself from three consecutive meetings of the Commission without leave of the Chairman;
(f) his resignation has been accepted by the Yang di-Pertuan Agong;
(g) his appointment has been revoked by the Yang di-Pertuan Agong; or
(h) his term of appointment has expired.
Meetings of the Commission
(1) The Commission shall meet as often as may be necessary for the performance of its functions.
(2) The Chairman of the Commission shall preside at all meetings of the Commission.
(3) The quorum of the Commission shall be four.
(4) Every Commissioner present shall be entitled to one vote and if on a question to be determined by the Commission there is an equality of votes, the Chairman shall have a casting vote.
(5) The Commission shall determine the conduct of its own proceedings.
(6) The Commission shall cause minutes of all its meetings to be maintained and kept in a proper form.
(7) The Commission may invite any person to attend a meeting for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting or be present during the making of a decision.
Temporary exercise of functions of Chairman
Notwithstanding subsection 9(2), where the Chairman is for any reason unable to perform his functions, or during any period of vacancy in the office of the Chairman, the Deputy Chairman or, if he is unavailable, any Commissioner appointed by the other Commissioners, shall perform the functions of the Chairman.
Disclosure of interest
A Commissioner having, directly or indirectly, by himself, a member of his family or his associate, any interest in any matter under discussion by the Commission or in any proceedings or hearing before the Commission, shall disclose to the Commission the fact and nature of his interest and such disclosure shall be recorded in the minutes or notes of proceedings or hearing and, unless specifically authorized by the Chairman, the Commissioner shall take no part in any discussion, proceedings or hearing, or in the making of any decision by the Commission relating to the matter.
Exercise of functions and powers of the Commission by a Commissioner
The functions and powers of the Commission are exercisable by a Commissioner unless the Commission determines otherwise.
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).
