Establishment of Commission
(1) The Independent Police Conduct Commission is established.
(2) The Commission shall be a body corporate and shall have perpetual succession and a common seal.
(3) The Commission may sue and be sued in its name.
(4) The Commission may, upon such terms as the Commission thinks fit and for the purposes of this Act—
(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 Commission
The functions of the Commission shall be as follows:
(a) to promote integrity within the members of the police force;
(b) to advise the Government and make recommendations on appropriate measures to be taken in the promotion of integrity within the members of the police force;
(c) to protect the interest of the public by dealing with misconduct of any member of the police force; and
(d) to formulate and put in place mechanism for receiving complaints and investigation of misconduct of any member of the police force.
Powers of Commission
(1) The Commission shall have the power and may do all things necessary for or in connection with, or incidental to, the performance of its functions under this Act.
(2) Without prejudice to the generality of subsection (1), the Commission may—
(a) advise the Government on the enhancement of the well-being and welfare of members of the police force;
(b) visit any place and premises such as police stations, police quarters, lock-ups and detention centres by giving early notice to the relevant Head of Department and to make any necessary recommendations;
(c) receive and assess any written complaint of misconduct from any person against any member of the police force and investigate the complaint;
(d) collect evidence relating to any written complaint and investigation of misconduct under this Act; and
(e) make a recommendation for disciplinary action against any misconduct committed by any member of the police force to the Police Force Commission.
Members of Commission
(1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint not more than seven members of the Commission, one of whom shall be appointed as the Chairman and another as the Deputy Chairman.
(2) The members of the Commission shall be subject to such terms as may be specified in the instrument of appointment.
(3) The members of the Commission shall have knowledge, skill and experience, or shown capacity and professionalism, in matters relating to law, administration, investigation, finance or any other matter relevant to the functions of the Commission.
Term of office
(1) Subject to subsection (2), a member of the Commission shall hold office for a term not exceeding three years as may be specified in his instrument of appointment and he shall be eligible for reappointment.
(2) A member of the Commission may at any time resign his office by letter addressed to the Yang di-Pertuan Agong.
(3) The appointment of a member of the Commission may at any time be revoked by the Yang di-Pertuan Agong on the advice of the Prime Minister.
Remuneration
A member of the Commission shall be paid such remuneration and allowances as the Prime Minister may determine.
Vacation of office
The office of a member of the Commission 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 or fine of not more than two thousand ringgit;
(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) he is elected or appointed as a member of a House of Parliament or the State Legislature of any State;
(g) h i s r e s i g n a t i o n h a s b e e n a c c e p t e d b y t h e Yang di-Pertuan Agong;
(h) h i s a p p o i n t m e n t h a s b e e n r e v o k e d b y t h e Yang di-Pertuan Agong; or
(i) his term of appointment has expired.
Meetings
(1) The Commission shall meet at least twice a month or as often as may be necessary for the performance of its functions.
(2) The Chairman shall preside at all meetings of the Commission.
(3) The quorum of a meeting of the Commission shall be three.
(4) Every member of the Commission 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 cause minutes of all its meetings to be maintained and kept in a proper form.
(6) The Commission may invite any person or any representative from the police force appointed by the Inspector General of Police to attend its meeting for the purpose of advising the Commission 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.
(7) The Commission shall regulate its own proceedings.
Temporary exercise of functions of Chairman
Notwithstanding subsection 10(2), where the Chairman is unable to perform his functions for any reason, or during any period of vacancy in the office of the Chairman, the Deputy Chairman or, if the Deputy Chairman is unavailable, any member of the Commission appointed by the other members of the Commission shall perform the functions of the Chairman.
Disclosure of interest
(1) A member of the Commission 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 discussion on a misconduct before the Commission shall disclose to the Commission the fact and nature of his interest.
(2) The disclosure of interest of a member of the Commission referred to in subsection (1) shall be recorded in the minutes or notes of the discussion on the misconduct and the member of the Commission shall recuse himself from taking part in such discussion or in the making of any decision by the Commission relating to the misconduct.
Delegation of functions and powers of Commission
(1) The Commission may delegate its functions and powers to—
(a) any member of the Commission;
(b) any officer of the Commission;
(c) any committee; or
(d) any member of the police force.
(2) The member of the Commission, officer of the Commission, committee or member of the police force delegated with such functions and powers under subsection (1) shall be bound to observe and have regard to all conditions and restrictions imposed by the Commission and all requirements, procedures and matters specified by the Commission relating to such delegation.
(3) Any function and power delegated under this section shall be performed and exercised in the name and on behalf of the Commission.
(4) A delegation under this section shall not preclude the Commission itself from performing or exercising at any time any of the delegated functions and powers.
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).
