Interpretation
1
LAWS OF MALAYSIA
REPRINT
Act 388
INTERPRETATION ACTS
1948 AND 1967
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2
INTERPRETATION ACTS
1948 AND 1967
First Enacted
... ... ... ... ... ...
1948 and 1967 (M.U.
Ordinance No. 7 of
1948, Act No. 23 of
1967 and Act No. 57
of 1967)
Consolidated and Revised ... ... ...
1989 (Act 388 w.e.f. 19
October 1989)
PREVIOUS REPRINT
First Reprint
...
...
...
...
...
2000
3
LAWS OF MALAYSIA
Act 388
INTERPRETATION ACTS 1948 AND 1967
ARRANGEMENT OF SECTIONS
Section
1.
Short title
PART I
2.
Application
DIVISION ONE
Meaning of Certain Expressions and References
3.
Definitions
4.
Grammatical variations, gender and number
References to offices, etc., established by Constitution
5.
6.
References to public officers
Reference to office-holder includes acting holder, etc.
7.
8.
References to "the High Court", "the Minister" and "the Treasury"
9.
References to States
(Deleted)
10.
11.
References to distance
12.
Service by post
DIVISION TWO
Provisions Affecting Written Laws Generally
13.
Acts to be public Acts
14.
Division into sections
15.
Long title, preamble and schedules
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Section
Notice to be taken of division into parts, chapters, etc.
16.
17.
Citation
17A. Regard to be had to the purpose of Act
Gazette
18.
19.
Commencement
20.
Subsidiary legislation may be retrospective
21.
Meaning of certain expressions in subsidiary legislation
Amendment, revocation, etc., of subsidiary legislation
22.
23.
Avoidance of subsidiary legislation in case of inconsistency with Act
24.
Things done under subsidiary legislation deemed to be done under
authorizing law
25.
Subsidiary legislation deemed to be made under all powers thereunto
enabling
26.
Particular power to make subsidiary legislation without prejudice to
general power
27.
Penalties in subsidiary legislation
28.
Subsidiary legislation unaffected by repeal of authorizing law in certain
cases
Repeal does not revive earlier repealed laws, etc.
29.
30.
Matters not affected by repeal
31.
Repeal includes amending legislation
32.
Expiry
33.
Specific transitional and saving provisions to be without prejudice to
sections 28 to 32
34.
Construction of amended law with amending law
35.
References to written laws
36.
Internal references in written laws
DIVISION THREE
Powers and Appointments
37.
Time for exercise of power
38.
Power of majority
Interpretation
5
Section
39.
Law officers
40.
Implied powers
Powers of certain bodies not affected by vacancy, etc.
41.
42.
Exercise of power between publication and commencement of Act
43.
Construction of power to appoint commencement
44.
Implied powers in respect of fees and charges
45.
Construction of power to extend time
46.
Power to delegate hearing of appeals
Power to appoint includes power to remove, etc.
47.
Power to appoint member of board, etc., temporarily
48.
Power to appoint chairman, etc.
49.
50.
Appointment may be made by office and with retrospective effect
51.
Temporary exercise of ministerial functions
Appointments, etc., in the public services
52.
DIVISION FOUR
Miscellaneous
53.
Computation of years of age
54.
Computation of time
Evidence of signature on fiat, etc.
55.
Ex-officio proceedings not to abate on death, etc.
56.
Making of declarations, etc., in particular languages
57.
58.
Imposition of penalty no bar to civil action
59.
Offences under two or more laws
60.
Penalties prescribed to be deemed maximum penalties
Gazettes to be evidence
61.
62.
Deviation from forms
62A. Use of electronic means or medium
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Section
63.
Saving of rights of Yang di-Pertuan Agong and Government
PART I binds Yang di-Pertuan Agong and Government
64.
65.
Repeal and saving
PART II
DIVISION FIVE
Definitions
66.
Definitions
DIVISION SIX
General Provisions Regarding Acts of Parliament,
Ordinances and Enactments
67.
Acts of Parliament, Ordinances and Enactments to be public Acts of
Parliament, Ordinances and Enactments
68.
Sections to be substantive Enactment
69.
Schedules
70.
Sub-divisions of Acts of Parliament, Ordinances and Enactments
71.
Forms
72.
Mode of citing Acts of Parliament, Ordinances and Enactments
DIVISION SEVEN
Repeal, Re-Enactment and Amending Legislation
73.
Repeal of repealing laws
74.
Repeal of amended law to include amendments
75.
Repeal and substitution
76.
Reference to re-enacted provisions
77.
Effect of repeal
78.
Construction of amending Act of Parliament, Ordinance or Enactment
79.
Effect of expiration of written law
80.
Ordinance or Act of Parliament may be altered or repealed in same
session
Interpretation
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DIVISION EIGHT
Imperial Acts
Section
81.
Citation of Imperial Statutes
82.
Imperial Acts to be read with necessary modification
83.
Reference in written law to provision of Imperial Act
DIVISION NINE
Subsidiary Legislation
84.
Use of defined terms in subsidiary legislation
85.
Exercise of statutory powers between enactment and commencement
of Act of Parliament, Ordinance or Enactment
86.
Commencement of subsidiary legislation
87.
General provisions with respect to power given to any authority to
make subsidiary legislation
88.
Construction of powers under which subsidiary legislation is made
89.
Judicial notice of proclamations, orders and regulations
90.
Construction of amending regulations
91.
Acts done under subsidiary legislation to be deemed done under Act
of Parliament, Ordinance or Enactment
92.
Subsidiary legislation made by Yang di-Pertuan Agong to override
other subsidiary legislation
DIVISION TEN
Powers and Appointments
93.
Construction of provisions as to exercise of powers and duties
94.
Power to appoint includes power to dismiss
95.
Construction of enabling words
96.
Appointment of officers by name or office
97.
Construction of powers of appointment
98.
Official designation to include officer executing duties
99.
Power of Yang di-Pertuan Agong to provide for execution of duties
of public officer during temporary absence or inability
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Section
100.
Power of Yang di-Pertuan Agong or Minister to delegate hearing of
appeals, etc., to Committees
Powers to appoint chairman, etc.
101.
Powers of a board, etc., not affected by vacancy, etc.
102.
DIVISION ELEVEN
Distance and Time
103.
Measurement of distance
104.
Time of commencement
105.
Computation of time
106.
Computation of age
(Deleted)
107.
108.
Provision when no time prescribed
109.
Construction of power of extending time
DIVISION TWELVE
Miscellaneous
110.
Evidence of signature of Yang di-Pertuan Agong or Attorney General
to fiat
111.
Solicitor General to exercise powers of Attorney General
112.
Power of majority of more than two persons
113.
Public officers
Ex-officio proceedings not to abate on death, etc.
114.
115.
Construction of references to laws
(Deleted)
116.
117.
English text to prevail
Use of languages other than English for oaths, declarations, etc.
118.
Gazette to be evidence of matters therein
119.
DIVISION THIRTEEN
Reprint of Written Laws
120.
Reprint of written laws
Interpretation
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DIVISION FOURTEEN
Penal Provisions
Section
121.
Imposition of a penalty not a bar to civil action
122.
Provisions as to offences under two or more laws
123.
Penalties prescribed to be deemed maximum penalties
124.
Carrying out of certain orders
125.
Application of fees, fines and forfeitures
(Deleted)
126.
127.
Saving of rights of the Yang di-Pertuan Agong and the Government
128.
PART II to be binding on Yang di-Pertuan Agong and the Government
DIVISION FIFTEEN
Repeal
129.
Repeal
PART III
130.
Extent
131.
PART I of this Act to have effect in adopting States
132.
Repeal and saving
FIRST SCHEDULE
SECOND SCHEDULE
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Interpretation
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LAWS OF MALAYSIA
Act 388
INTERPRETATION ACTS 1948 AND 1967
An Act to provide for the commencement, application, construction,
interpretation and operation of written laws; to provide for matters
in relation to the exercise of statutory powers and duties; and for
matters connected therewith.
[PART I--18 May 1967, P.U. (A) 204/1967
PART II--31 January 1948;
PART III--30 September 1967]
Short title
1.  This Act may be cited as the Interpretation Acts 1948 and
1967.
PART I
[Sections 365 of this revised Act correspond to sections 365 of
the Interpretation Act 1967 [Act No. 23 of 1967]]
Application
2. (1) Subject to this section, Part I of this Act shall apply for the
interpretation of and otherwise in relation to--
(a) this Act and all Acts of Parliament enacted after 18 May
1967;
(b) all laws, whether enacted before or after the commencement
of this Act, revised under the Revision of Laws Act 1968
[Act 1];
(c) all subsidiary legislation made under this Act and under
Acts of Parliament enacted after the commencement of
this Act;
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(d) all subsidiary legislation, whether made before or after
the commencement of this Act, revised under the Revision
of Laws Act 1968;
(e) all subsidiary legislation made after the 31 December
1968, under the laws revised under the Revision of Laws
Act 1968.
(2) PART I shall not apply for the interpretation of or otherwise
in relation to any written law not enumerated in subsection (1).
(3) PART I shall not apply where there is--
(a) express provision to the contrary; or
(b) something in the subject or context inconsistent with or
repugnant to its application.
DIVISION ONE
Meaning of Certain Expressions and References
Definitions
3.  The following words and expressions have the meanings hereby
respectively assigned to them, that is to say--
"Act" or "Act of Parliament" used with reference to legislation,
means a law made by Parliament;
"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;
"advocate" means a person entitled to practise as an advocate
or as an advocate and solicitor under the law in force in any part
of Malaysia;
"affidavit" includes statutory declaration;
"aircraft" includes every description of craft used in aerial
navigation;
"amend" includes repeal, add to and vary;
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"armed forces" means the armed forces of Malaysia;
"Attorney General" means the Attorney General of Malaysia;
"Cabinet" means the Jemaah Menteri (Cabinet of Ministers)
appointed under Article 43 of the Federal Constitution;
"calendar year" means a year beginning on 1 January;
"Chief Justice" means the Chief Justice of the Federal Court;
"Chief Minister" or "Menteri Besar" means the president, by
whatever name called, of the Executive Council of a State;
"citizen" means a citizen of Malaysia;
"commencement", used with reference to a written law, means
the date when the law comes into operation;
"common law" means the common law of England;
"Commonwealth country" and "part of the Commonwealth" have
the meaning assigned by Article 160(2) of the Federal Constitution;
"Conference of Rulers" means the Majlis Raja-Raja (Conference
of Rulers) established by Article 38 of the Federal Constitution;
"Consolidated Fund" means the Federal Consolidated Fund
established by the Federal Constitution;
"Constitution" means the Federal Constitution and includes the
Constitutions of the States;
"consular officer" means a person exercising consular functions,
by whatever name called;
"contravene" includes fail to comply with;
"court" means a court of competent jurisdiction;
"diplomatic officer" means a person exercising diplomatic
functions, by whatever name called;
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"district" means one of the districts into which a State is divided
for administrative purposes;
" d i s t r i c t officer" means the officer for the time being in
administrative charge of a district, by whatever name called;
"division" in relation to Sarawak, means one of the divisions
into which Sarawak is divided for administrative purposes;
"document" means any matter expressed or described upon any
substance by means of letters, figures or marks, or by more than
one of those means, intended to be used or which may be used for
the purpose of recording that matter;
"East Malaysia" means the States of Sabah and Sarawak;
"Enactment" means a law made by the Legislature of a State
other than Sarawak;
"Executive Council" has the meaning assigned by Article l60(2)
of the Federal Constitution;
"export" means export from Malaysia;
"Federal Constitution" means the Constitution of Malaysia and
does not include the Constitution of the States;
"Federal Government" means the Government of Malaysia;
"federal law" means an Act of Parliament, and any other law
in force in Malaysia or any part thereof which relates to a matter
with respect to which Parliament has power to make laws;
"federal public office" means an office in the public service
mentioned in Article 132(1)(c) of the Federal Constitution, that is
to say, the general public service of the Federation;
"federal public officer" means a person lawfully holding, acting
in or exercising the functions of a federal public office;
"Federation" means Malaysia;
"financial year" means a year beginning on 1 January;
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"forfeited" means forfeited to the Government of Malaysia or,
in a case where forfeitures are assigned to a State by the Federal
Constitution as items of revenue, forfeited to the Government of
the State in question;
"function" includes power and duty;
"Gazette" means the official Gazette of the Federation and shall,
to the extent specified in subsection 18(3), include the official
Gazette of any State;
"Government analyst" includes any assistant or other analyst
employed by the Government;
"Government" means the Government of Malaysia;
"Government Printer" includes any printer authorized, either
generally or in a particular case or class of cases, to print Acts,
Enactments, Ordinances or any other written laws;
"House of Representatives" or "Dewan Rakyat" means the Dewan
Rakyat (House of Representatives) established by Article 44 of the
Federal Constitution;
" H o u s e s of Parliament" means the Senate and House of
Representatives;
"immovable property" means land and any interest in, right over
or benefit arising or to arise out of land;
"import" means import into Malaysia;
"imprisonment" means imprisonment in accordance with any
written law for the time being in force for the regulation of prisons
and imprisonment;
"infant" has the same meaning as minor;
"Keeper of the Rulers' Seal" or "Penyimpan Mohor Besar Raja-
Raja" means the Penyimpan Mohor Besar Raja-Raja (Keeper of
the Rulers' Seal) whose office is provided for by sections 3 and
4 of the Fifth Schedule to the Federal Constitution;
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"land" includes--
(a) the surface of the earth and all substances forming that
surface;
(b) the earth below the surface and all substances therein;
(c) all vegetation and other natural products, whether or not
requiring the periodical application of labour to their
production, and whether on or below the surface;
(d) all things attached to the earth or permanently fastened
to any thing attached to the earth, whether on or below
the surface; and
(e) land covered by water;
"law" has the meaning assigned by Article 160(2) of the Federal
Constitution;
"Legislative Assembly" means the representative assembly, by
whatever name called, in the Legislature of a State (and in particular
includes the Council Negeri in Sarawak);
"Legislature" has the meaning assigned by Article 160(2) of the
Federal Constitution;
"local authority" means any municipal council, town council,
town board, local council, rural board, sanitary board or similar
local authority established by a written law;
"magistrate" means a magistrate appointed under any written
law providing for the appointment of magistrates;
"Malay" has the meaning assigned by Article 160(2) of the
Federal Constitution;
"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;
"Merdeka Day" means 31 August 1957;
"Minister" means, subject to subsection 8(2), a Minister of the
Government of Malaysia (including the Prime Minister and a Deputy
Minister);
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"minor" means a person who has not attained the age of majority
prescribed by the law applicable to him;
"monogamous marriage" means a marriage which is recognised
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 a month reckoned according to the Gregorian
calendar;
"movable property" means all property other than immovable
property;
"mukim", in relation to Kelantan, means daerah;
"National Language" means the national language provided for
by Article 152 of the Federal Constitution;
"oath" includes affirmation;
"Ordinance" means a law made by the Legislature of Sarawak;
"Parliament" means the Parliament of Malaysia;
"penghulu", in relation to Kelantan, means penggawa;
"Peninsular Malaysia" means the States of Johore, Kedah, Kelantan,
Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor
and Terengganu and the Federal Territory of Kuala Lumpur;
"person" includes a body of persons, corporate or unincorporate;
"police officer" means an officer of the Royal Malaysia Police;
"President of the Senate" or "Yang di-Pertua Dewan Negara"
means the Yang di-Pertua Dewan Negara (President of the Senate)
whose office is provided for by Article 56(1) of the Federal
Constitution;
"Prime Minister" means the Prime Minister of Malaysia;
"public holiday" means a public holiday established by law in
Malaysia or any part of Malaysia;
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"public office" means an office in any of the public services;
"public officer" means a person lawfully holding, acting in or
exercising the functions of a public office;
"public place" includes every public highway, street, road, bridge,
square, court, alley, lane, bridle way, 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
to which admission is obtained by payment or to which the public
have access;
"Public Prosecutor" means the Attorney General, and includes
(within the scope of his authority) a Deputy Public Prosecutor
appointed under any written law relating to criminal procedure and
a person authorized by any such law to act as or exercise all or
any of the powers of the Public Prosecutor or a Deputy Public
Prosecutor;
"Public Seal" means the Public Seal of Malaysia;
"public services" means the public services mentioned in Article
132(1) of the Federal Constitution;
"registered", used with reference to a document, means registered
under the law for the time being applicable to the registration of
the document;
"repeal" includes rescind, revoke, cancel and replace;
"residency", in relation to Sabah, means one of the residencies
into which Sabah is divided for administrative purposes;
"ringgit" means a ringgit in the currency of Malaysia;
"Rules Committee" means the body for the time being authorized
by law to make rules of court for the Federal Court, the Court of
Appeal and the High Courts established by the Federal Constitution;
"rules of court" means rules or other subsidiary legislation
regulating the practice and procedure of a court or courts;
"Ruling Chiefs" means the Undang of Sungei Ujong, the Undang
of Jelebu, the Undang of Johol, the Undang of Rembau and the
Tunku Besar of Tampin;
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"seaman" includes every person (except masters, pilots and
apprentices duly indentured and registered) employed or engaged
in any capacity on board any ship;
"sell" includes exchange, barter, offer for sale and expose for
sale;
"sen" means a sen in the currency of Malaysia;
"Senate" or "Dewan Negara" means the Dewan Negara (Senate)
established by Article 44 of the Federal Constitution;
"Senator" means a member of the Senate;
"ship" includes every description of vessel used in the navigation
of water, other than vessels exclusively propelled by oars, paddles
or poles;
"sign" includes the making of a mark or the affixing of a
thumbprint;
"Speaker" means the Speaker of the House of Representatives;
"State" means a State of Malaysia;
"State Authority" means the Ruler or Yang di-Pertua Negeri of
a State and includes, in Negeri Sembilan, the Yang di-Pertuan
Besar acting on behalf of himself and the Ruling Chiefs;
"State Consolidated Fund" means the Consolidated Fund of a
State;
"State Gazette" means the official Gazette of a State (including
any supplement or special Gazette);
"State Government" means the Government of a State;
"State law" means a law made by the Legislature of a State, and
any other law in force in a State which relates to a matter with
respect to which the Legislature of the State has power to make
laws;
"State Pardons Board" means the Pardons Board constituted for
a State by Article 42(5) of the Federal Constitution;
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"State Seal" means the State Seal or Public Seal of a State;
"statutory declaration" means a statutory declaration made in
pursuance of any written law providing for the making of statutory
declarations or, if made in a place outside Malaysia--
(a) a declaration made before a Malaysian diplomatic or
consular officer; or
(b) a declaration made under any law in force in that place
providing for the making of declarations which are
substantially similar in nature and effect to the statutory
declarations provided for by any such written law;
"subsidiary legislation" means any proclamation, rule, regulation,
order, notification, by-law or other instrument made under any
Act, Enactment, Ordinance or other lawful authority and having
legislative effect;
"swear" includes affirm;
"under", in relation to a written law or any provision thereof,
includes "in accordance with", "pursuant to" and "by virtue of";
"vessel" includes floating and submarine craft of every description;
"weekly holiday" means Sunday or, in a State where Friday is
observed as the weekly holiday, Friday;
"will" means a testamentary document of any description, including
a codicil;
"words" includes figures and symbols;
"writing" or "written" includes typewriting, printing, lithography,
photography, electronic storage or transmission or any other method
of recording information or fixing information in a form capable
of being preserved;
"written law" means--
(a) the Federal Constitution and the Constitutions of the
States and subsidiary legislation made thereunder;
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(b) Acts of Parliament and subsidiary legislation made
thereunder;
(c) Ordinances and Enactments (including any federal or
State law styling itself an Ordinance or Enactment) and
subsidiary legislation made thereunder; and
(d) any other legislative enactments or legislative instruments
(including Acts of Parliament of the United Kingdom of
Great Britain and Northern Ireland and Orders in Council
and other subsidiary legislation made thereunder) which
are in force in Malaysia or any part thereof;
"year" means a year reckoned according to the Gregorian calendar.
Grammatical variations, gender and number
4. (1) Where any word or expression is defined in a written law,
the definition shall extend to all grammatical variations and cognate
expressions of the word or expression so defined.
(2) Words and expressions importing the masculine gender include
females.
(3) Words and expressions in the singular include the plural,
and words and expressions in the plural include the singular.
References to offices, etc., established by Constitution
5.  Where by the Federal Constitution or the Constitution of a
State there is established an office, a court, a council or a commission,
a reference thereto by the name, style or title under which it is
established shall be sufficient to identify it.
References to public officers
6. (1) A reference to a public officer by the usual or common title
of his office (and in particular without prejudice to the generality
of the foregoing, by its title in estimates of expenditure laid before
the House of Representatives or a Legislative Assembly) shall be
sufficient to identify him.
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(2) This section shall apply to a reference to a public officer
in a warrant, process or other instrument issued in pursuance of
a written law as it applies to a reference to a public officer in a
written law.
Reference to office-holder includes acting holding, etc.
7.  A reference to the holder of any public or other office (including
a reference in an appointment made pursuant to section 50) is a
reference to the person for the time being lawfully holding, acting
in or exercising the functions of that office.
References to "the High Court", "the Minister" and "the
Treasury"
8. (1) A reference to "the High Court" is a reference, in relation
to any particular case, to whichever of the High Courts established by
the Federal Constitution has jurisdiction in that case.
(2) A reference to "the Minister" is a reference to the Minister
for the time being responsible for the matter in connection with
which the reference is made.
(3) A reference to "the Treasury" is a reference to the Minister
for the time being responsible for finance and includes any public
officer under the administrative control or direction of that Minister
to whom that Minister has delegated or who, in accordance with
section 6 or 7 of the Delegation of Powers Act 1956 [Act 358],
is authorized to exercise functions under the Financial Procedure
Act 1957 [Act 61].
References to States
9.  A reference to the name of a State is a reference to the State
of that name, whether or not the name is preceded by the words
"the State of".
(Deleted by Act 261).
10.
References to distance
11.  A reference to distance is a reference to distance measured
in a straight line on a horizontal plane.
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Service by post
12.  Where a written law authorizes or requires a document to be
served by post, then, until the contrary is proved, service--
(a) shall be presumed to be effected by properly addressing,
prepaying and posting by registered post a letter containing
the document; and
(b) shall be presumed to have been effected at the time when
the letter would have been delivered in the ordinary course
of the post.
DIVISION TWO
Provisions Affecting Written Laws Generally
Acts to be public Acts
13.  Every Act shall be a public Act unless the contrary is expressly
provided therein.
Division into sections
14.  Every Act shall be divided into sections, each of which shall
have effect as a substantive enactment without any introductory
words.
Long title, preamble and schedules
15.  The long title and preamble and every schedule (together
with any note or table annexed to the schedules) to an Act or to
any subsidiary legislation shall be construed and have effect as
part of the Act or subsidiary legislation.
Notice to be taken of division into parts, chapters, etc.
16.  Where an Act or subsidiary legislation is divided into parts
or chapters or otherwise, the fact and particulars of the division
shall, without express mention thereof in the Act or subsidiary
legislation, be taken notice of in all courts and for all purposes
whatsoever.
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Citation
17.  Where an Act or subsidiary legislation provides for the manner
of its own citation, the use of that manner of citation (with or
without a reference to its number and the year in which it was
made or, where it is included in a current revised or reprinted
edition of written laws, its chapter number or other number in that
edition) shall be sufficient to identify it.
Regard to be had to the purpose of Act
17A.  In the interpretation of a provision of an Act, a construction
that would promote the purpose or object underlying the Act (whether
that purpose or object is expressly stated in the Act or not) shall
be preferred to a construction that would not promote that purpose
or object.
Gazette
18. (1) The Gazette shall be published in parts as follows:
(a) a part to be known as the Acts Supplement which shall
be published as and when necessary and which shall
c o n t a i n all Acts of Parliament and all Ordinances
promulgated by the Yang di-Pertuan Agong;
(b) a part to be known as the Legislative Supplement A
which shall be published as and when necessary and
which shall contain all Royal Proclamations, orders, rules,
regulations and by-laws;
(c) a part to be known as the Legislative Supplement B
which shall be published as and when necessary and
which shall contain all subsidiary legislation other than
that which is required to be published in the Legislative
Supplement A;
(d) a part to be known as the Bills Supplement which shall
be published as and when necessary and which shall
contain all Bills;
(e) a part which shall be published fortnightly every alternate
Thursday commencing with the first Thursday in each
year which shall contain all matter which is required to
be published in the Gazette or which the Government
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deems it necessary to publish for general information
other than matter which this subsection requires to be
published in the other parts. The Attorney General may
authorize the publication of a special issue on any day
other than an alternate Thursday. The fortnightly issue
shall in addition contain particulars of any special issues
of this part and all the other parts which have been published
since the publication of the previous fortnightly issue.
(2) Publication in the official Gazette of Malaysia shall constitute
sufficient notice of any matter required to be published in the
Gazette by or under any federal law or required to be published
in the Sabah Government Gazette or the Sarawak Government
Gazette by or under any enactment of those States which has been
declared to be a federal law.
(3) Where any matter is of local application only and is issued
under the authority of a State officer or any person in the State
having authority to do so under federal law it shall constitute
sufficient notice thereof if the matter is published in the official
Gazette of the State concerned.
Commencement
19. (1) The commencement of an Act or subsidiary legislation
shall be the date provided in or under the Act or subsidiary legislation
or, where no date is so provided, the date immediately following
the date of its publication in pursuance of section 18.
(2) Acts and subsidiary legislation shall come into operation
i m m e d i a t e l y on the expiration of the day preceding their
commencement.
(3) Notwithstanding subsections 2(1) and (2) and subsection
65(2), subsections (1) and (2) shall apply--
(a) to all Acts enacted after the 31 December 1968 including
Acts which amend laws enacted before the commencement
of Part I of this Act; and
(b) to all subsidiary legislation made after the 31 December
1968, whether made under a law enacted before or after
the commencement of Part I of this Act whether or not
that law has been revised under the Revision of Laws Act
1968.
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Subsidiary legislation may be retrospective
20.  Notwithstanding the absence of any express provision in any
Act or other written law, where such Act or other written law
empowers any person to make subsidiary legislation, such subsidiary
legislation may be made to operate retrospectively to any date
which is not earlier than the commencement of the Act or other
written law under which it is made or, where different provisions
of that law come into operation on different dates, the commencement
of that law under which it is made:
Provided that no person shall be made or shall become liable
to any penalty in respect of any act done before the date on which
the subsidiary legislation was published.
Meaning of certain expressions in subsidiary legislation
21. (1) Terms and expressions used in subsidiary legislation have
the same meaning as in the written law under which the subsidiary
legislation was made.
(2) In subsidiary legislation made under an Act, "the Act" means
the Act under which the subsidiary legislation was made.
Amendment, revocation, etc., of subsidiary legislation
22.  Subsidiary legislation may at any time be amended, varied,
added to, revoked, suspended or revived by the person or authority
by which it was made or, if that person or authority has been
lawfully replaced by another person or authority, by that other
person or authority.
Avoidance of subsidiary legislation in case of inconsistency
with Act
23. (1) Any subsidiary legislation that is inconsistent with an Act
(including the Act under which the subsidiary legislation was
made) shall be void to the extent of the inconsistency.
(1A) For the purposes of subsection (1), any subsidiary legislation
made under an Act is not inconsistent with that Act or any other
Act merely by reason of the absence in the Act under which it is
made of any provision relating to the commencement, application,
Interpretation
27
operation, interpretation or construction of the subsidiary legislation
or to any other matter in connection with such subsidiary legislation
if provisions relating to the commencement, application, operation,
interpretation or construction of, or other matter in connection
with, subsidiary legislation generally are contained in this Act.
(2) In this section "Act" includes a federal law styling itself an
Ordinance or Enactment.
Things done under subsidiary legislation deemed to be done
under authorizing law
24.  Anything done under any subsidiary legislation shall be deemed
to be done under the Act or other written law under which the
subsidiary legislation was made.
Subsidiary legislation deemed to be made under all powers
thereunto enabling
25.  Subsidiary legislation shall be deemed to be made under all
powers thereunto enabling, whether in the Act or other written law
under which it is made or under this Act and whether or not it
purports to be made in exercise of any particular power or powers.
Particular power to make subsidiary legislation without prejudice
to general power
26.  Where power is conferred to make subsidiary legislation for
a general purpose and also for any particular purposes incidental
thereto, the enumeration of the particular purposes shall not derogate
from the generality of the power conferred with reference to the
general purpose.
Penalties in subsidiary legislation
27.  Notwithstanding the absence of any express provision in any
Act or other written law, subsidiary legislation may provide that
contravention of any provision of the subsidiary legislation shall
constitute an offence and for persons guilty of such offence to be
liable on conviction to a fine or a term of imprisonment or both,
but may not provide for any such fine to exceed one thousand
ringgit or any such term to exceed six months.
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Subsidiary legislation unaffected by repeal of authorizing law
in certain cases
28.  Where a written law repeals in whole or in part any former
written law and substitutes other provisions therefor, subsidiary
legislation made under the repealed law shall, in so far as it is not
inconsistent with the substituted provisions, remain in force until
revoked or replaced by subsidiary legislation made under the repealing
law, and shall be deemed for all purposes to have been made
thereunder.
Repeal does not revive earlier repealed laws, etc.
29.  The repeal of a written law shall not revive any written law
or other thing not in force or existing immediately before the
repeal took effect, and in particular (without prejudice to the generality
of the foregoing) the repeal of a written law which itself repealed
an earlier law shall not revive that earlier law.
Matters not affected by repeal
30. (1) The repeal of a written law in whole or in part shall not--
(a) affect the previous operation of the repealed law or anything
duly done or suffered thereunder; or
(b) affect any right, privilege, obligation or liability acquired,
accrued or incurred under the repealed law; or
(c) affect any penalty, forfeiture or punishment incurred in
respect of any offence committed under the repealed law;
or
(d) affect any investigation, legal proceeding or remedy in
respect of any such right, privilege, obligation, liability,
penalty, forfeiture or punishment,
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 made.
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(2) Without prejudice to the generality of subsection (1)--
(a) the repeal of a written law which adopts, extends or
applies another written law shall not--
(i) invalidate the adoption, extension or application;
or
(ii) prejudicially affect the continued operation of the
adopted, extended or applied law; and
(b) the repeal of a written law which amends another written
law shall not--
(i) invalidate the amendments made by the repealed
law; or
(ii) prejudicially affect the continued operation of that
other law as amended.
Repeal includes amending legislation
31.  The repeal of a written law which has been amended by
another written law includes the repeal of the amending law:
Provided that, where the amending law provides for matters
other than the amendment of the repealed law, only those provisions
of the amending law which effect the amendment shall be repealed
by virtue of this section.
Expiry
32.  Sections 28, 29, 30 and 31 shall apply on the expiry of a
written law as they would have applied if that law had been repealed.
Specific transitional and saving provisions to be without prejudice
to sections 28 to 32
33.  Specific transitional or saving provisions included in a written
law shall be without prejudice to the application of sections 28,
29, 30, 31 and 32 in respect of that law.
Construction of amended law with amending law
34.  Where a written law amends another written law, the amending
law shall be read and construed as one with the amended law.
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References to written laws
35. (1) A reference to a particular written law--
(a) is a reference to that law as amended or extended from
time to time; and
(b) includes a reference to any subsidiary legislation made
thereunder.
(2) Where any written law or any provision of a written law is
repealed and re-enacted (with or without modification), references
in any other written law to the law or provision so repealed shall
be construed as references to the re-enacted law or provision.
(3) A reference to a group of sections or other divisions (by
whatever name called) of a written law includes both the first and
the last section or other division referred to.
(4) A reference to the number of a line of any provision of a
written law is a reference to the line of that number in the latest
official printed copy of that law at the time of the making of the
law containing the reference.
Internal references in written laws
36. (1) In any written law--
(a) a reference to a specified part is a reference to that part
of that law;
(b) a reference to a specified schedule is a reference to that
schedule to that law; and
(c) a reference to a specified chapter is a reference to that
chapter of the part of that law in which the reference
occurs.
(2) In an Act--
(a) a reference to a specified section is a reference to that
section of that Act;
(b) a reference to a specified subsection is a reference to that
subsection of the section in which the reference occurs;
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31
(c) a reference to a specified paragraph is a reference to that
paragraph of the section, subsection or schedule in which
the reference occurs; and
(d) a reference to a specified subparagraph is a reference to
that subparagraph of the paragraph in which the reference
occurs.
(3) In subsidiary legislation--
(a) a reference in rules or regulations to a specified rule or
regulation is a reference to that rule or regulation of the
rules or regulations in which the reference occurs;
(b) a reference to a specified paragraph in a rule, regulation
or schedule or in an order which is divided into paragraphs
is a reference to that paragraph of the rule, regulation,
schedule or order in which the reference occurs; and
(c) a reference to a specified subparagraph is a reference to
that subparagraph of the paragraph in which the reference
occurs.
DIVISION THREE
Powers and Appointments
Time for exercise of power
37.  Where a written law confers any power or imposes any duty,
the power may be exercised and the duty shall be performed from
time to time as occasion requires.
Power of majority
38.  Where by or under a written law any act or thing may or is
required to be done by more than two persons, a majority of them
may do it.
Law officers
39. (1) A written law conferring powers or imposing duties on
the Attorney General shall be construed as conferring those powers
or imposing those duties on both the Attorney General and the
Solicitor General.
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(2) A delegation of functions to the Attorney General pursuant
to a written law shall be deemed to be a delegation to both the
Attorney General and the Solicitor General.
Implied powers
40. (1) Where a written law confers a power on any person to do
or enforce the doing of any act or thing, all such powers shall be
understood to be also given 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 subsection (1)--
(a) power to make subsidiary legislation to control or regulate
any matter includes power to provide for the same by
licensing 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; and
(c) where a power is conferred on any person to direct, order
or require any act or thing to be done, there shall be
deemed to be imposed on any person to whom a direction,
order or requisition is given in pursuance of the power
a duty to comply therewith.
Powers of certain bodies not affected by vacancy, etc.
41.  A board, commission, committee or similar body (whether
corporate or unincorporate) established by or under a written law
may act notwithstanding any vacancy in its membership; and its
proceedings shall not be invalidated by--
(a) any defect afterwards discovered in the appointment or
qualification of a person purporting to be a member; or
(b) any minor irregularity in the convening or conduct of a
meeting; or
(c) the presence or participation of a person not entitled to
be present or participate.
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33
Exercise of power between publication and commencement of
Act
42.  Where by an Act which is not to come into operation until
a date subsequent to its publication there is conferred a power to
make subsidiary legislation, to make appointments or to do any
other thing for the purposes of the Act, the power may be exercised
on or at any time after the date of publication of the Act but
(except to such extent as may be necessary to bring the Act or any
provision thereof into operation) shall not have effect until the
commencement of the Act or, where different provisions of the
Act come into operation on different dates, the commencement of
the provision conferring the power.
Construction of power to appoint commencement
43.  A power to appoint a date on which a written law shall come
into operation does not include power to appoint--
(a) a date prior to the date on which the instrument of
appointment is published; or
(b) different dates for different provisions of that law,
unless express provision is made in that behalf.
Implied powers in respect of fees and charges
44.  A power to make subsidiary legislation prescribing fees or
charges includes power to provide for--
(a) the imposition (either generally or under specified
conditions or in specified circumstances) of--
(i) specific fees or charges;
(ii) maximum or minimum (or maximum and minimum)
fees or charges; and
(iii) no fee or charge; and
(b) the partial or total reduction, waiver or refund of the fees
or charges in accordance with specified conditions, in the
discretion of a specified person or on the happening of
a specified event.
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Construction of power to extend time
45.  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 that time, the power may be exercised by the
court or authority although the application for its exercise is not
made until after the expiration of the time prescribed.
Power to delegate hearing of appeals
46. (1) The Yang di-Pertuan Agong or a Minister, where an appeal
is made to him in pursuance of any written law, may appoint a
committee (which shall not include the person from whose decision
the appeal is made) for the purpose of hearing the appeal and
tendering advice as to the decision which should be made thereon.
(2) The Yang di-Pertuan Agong or a Minister shall not be bound
to accept advice tendered under subsection (1).
Power to appoint includes power to remove, etc.
47.  Where a power to make an appointment is conferred by any
written law, the appointing authority shall also have power (subject
to any limitations or qualifications which affect the power of
appointment) to remove, suspend, reappoint or re-instate any person
appointed in the exercise of the power.
Power to appoint member of board, etc., temporarily
48.  Where a power is conferred by a written law to appoint any
person to be a member of any board, commission, committee or
similar body, the appointing authority may, if during any period
owing to absence or inability to act from illness or any other cause
any member so appointed is unable to act as such, appoint some
other person to act temporarily for that member during the period
of absence or inability.
Power to appoint chairman, etc.
49.  Where a power is conferred by any written law to appoint
the members of any board, commission, committee or similar
body, the appointing authority may appoint a chairman, deputy
chairman and secretary of the board, commission, committee or
body.
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35
Appointment may be made by office and with retrospective
effect
50.  Where under any written law the Yang di-Pertuan Agong, a
State Authority, a Minister or any other authority is empowered
to appoint a person to exercise any function, to be a member of
any board, commission or similar body or to be or do any other
thing, he may--
(a) instead of appointing a person by name, appoint the holder
of an office by the term designating the office; and
(b) if he thinks fit, make the appointment with retrospective
effect to a date not earlier than the commencement of the
law under which it is made.
Temporary exercise of ministerial functions
51. (1) Where a Minister is temporarily prevented from exercising
his functions by sickness, absence or any other cause, the Yang
di-Pertuan Agong may direct, subject to such conditions, exceptions
or qualifications (if any) as he thinks fit, that those functions shall
be exercisable by another Minister; and, while the direction is in
force, those functions shall be exercisable by that other Minister
accordingly.
(2) A direction given under subsection (1) may be retrospective
and may be revoked or varied by the Yang di-Pertuan Agong at
any time.
Appointment, etc., in the public services
52. (1) A written law providing for an appointment to be made
by the Yang di-Pertuan Agong or a State Authority shall, if it
relates to a public office, be construed as providing for the
appointment to be made in accordance with the law for the time
being regulating appointments to the public services.
(2) The authority responsible for making appointments to any
public office may appoint a person to act in that office during any
period when the holder of the office is prevented from exercising
his functions by sickness, absence or any other cause.
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(3) When the substantive holder of a public office is on leave
of absence pending relinquishment of his office, it shall be lawful
for another person to be appointed to be the substantive holder of
the office.
(4) Nothing in this section or in the other provisions of this
Division shall be construed as empowering any authority--
(a) to make an appointment to a public office; or
(b) to remove or suspend a public officer from office,
otherwise than in accordance with the law for the time being
regulating the public services.
DIVISION FOUR
Miscellaneous
Computation of years of age
53.  In computing years of age for the purposes of any written
law, a person shall be regarded as having completed a year of age
on the expiration of the day preceding the anniversary of his birth,
reckoned according to the Gregorian calendar:
Provided that for the purposes of this section the anniversary of
the birth of a person born on 29 February shall, in a year which
is not a leap year, be taken as 1 March.
Computation of time
54. (1) In computing time for the purposes of any written law--
(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 on 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 (referred to in this subsection as excluded
days) the period shall include the next following day
which is not an excluded day;
Interpretation
37
(c) where 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 following day which is not an excluded
day; and
(d) where any 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.
(2) Where no time is prescribed within which anything shall be
done, that thing shall be done with all convenient speed and as
often as the prescribed occasion arises.
Evidence of signature on fiat, etc.
55.  Any written law providing that the fiat, consent or authority
of any person is necessary before any prosecution or other legal
proceedings are begun, or for any other purpose in connection with
any legal proceedings, shall be deemed also to provide that any
document purporting to be or to bear the signed fiat, consent or
authority of that person shall be received as prima facie evidence
in any proceedings without proof being given that the signature
is what it purports to be.
Ex-officio proceedings not to abate on death, etc.
56.  Any written law providing for legal proceedings to be taken
by or against any person in virtue of his office shall be deemed
also to provide that any proceedings so taken shall not be discontinued
or abated by that person's death, resignation, absence or removal
from office, but may be carried on by or against, as the case may
be, any person lawfully appointed to hold, act in or exercise the
functions of the office.
Making of declarations, etc., in particular languages
57. (1) Where by or under any written law a person is required
to subscribe any oath of office or secrecy, any declaration of
allegiance or acceptance of office or any similar instrument which
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under that law is to be in any particular language, it may be
tendered to him in any other 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 particular language and that
other language,
that the terms of the oath, declaration or instrument, as subscribed,
correspond with the terms thereof as prescribed by that law.
(2) A declaration contained in a certificate under subsection
(1), 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.
Imposition of penalty no bar to civil action
58.  The imposition of a penalty by any written law shall not
relieve any person from liability to answer for damages to a person
injured.
Offences under two or more laws
59.  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 be liable to be prosecuted and punished under
either or any of those laws or at common law, but shall not be
liable to be punished twice for the same offence.
Penalties prescribed to be deemed maximum penalties
60.  A written law which prescribes a penalty for an offence shall
be construed as providing that the offence shall be punishable on
conviction by a penalty not exceeding the penalty prescribed.
Gazettes to be evidence
61.  All printed copies of the Gazette or a State Gazette purporting
to be published by authority and printed by the Government
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39
Printer shall be admitted in evidence in legal proceedings, without
proof being given that the copies were so published and printed,
as prima facie evidence of--
(a) the terms of any written law published therein; and
(b) any appointment notified or other matter or thing stated
therein.
Deviation from forms
62.  Any written law prescribing a form shall be deemed to provide
that an instrument or other document purporting to be in that form
shall not be invalidated by reason of any deviation from the form
if the deviation has no substantial effect and is not calculated to
mislead.
Use of electronic means or medium
62A.  Where under any written law any information is permitted
or required to be given or kept or maintained, and no means or
medium is specified, such information may be given or kept or
maintained by electronic means and on electronic medium if the
identity of the person giving the information or the source of any
information given by such means is capable of being determined
or verified, and if sufficient precautionary measures have been
applied to prevent unauthorized access to any information recorded
or fixed by such means or on such medium.
Saving of rights of Yang di-Pertuan Agong and Government
63.  No written law shall in any manner whatsoever affect the
rights of the Yang di-Pertuan Agong or the Government unless it
is expressly provided or it appears by necessary implication that
the Yang di-Pertuan Agong or the Government, as the case may
be, is to be bound thereby.
PART I binds Yang di-Pertuan Agong and Government
64.  PART I of this Act shall be binding on the Yang di-Pertuan
Agong and on the Government.
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Repeal and saving
65. (1) PART II of this Act [Interpretation and General Clauses
Ordinance 1948] is repealed with effect from 18 May 1967 in so
far as it is a federal law.
(2) Notwithstanding subsection (1), PART II of this Act thereby
repealed shall continue to apply to any written law to which it
applied immediately before 18 May 1967 and to subsidiary legislation
made after that date under such a written law.
PART II
[Sections 66129 of this revised Act refer to sections 2--57 in the
Interpretation and General Clauses Ordinance 1948 [M.U. Ordinance
No. 7 of 1948] as indicated within square brackets at the end of
sections. Part II of this revised Act was repealed by the Interpretation
Act 1967 with effect from 18 May 1967--see section 65 of this
revised Act.]
DIVISION FIVE
Definitions
Definitions
66.  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;
Interpretation
41
"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
t h e Yang di-Pertuan Agong, his Consort, a Ruler or Yang
di-Pertua Negeri out of public funds;
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"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
F e d e r a l 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;
Interpretation
43
"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;
" E l e c t i o n 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;
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"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;
Interpretation
45
"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.
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"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;
Interpretation
47
"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;
"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;
*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.
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"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;
" P u b l i c 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;
Interpretation
49
"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) i n 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,
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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;
Interpretation
51
"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;
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"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,
l i t h o g r a p h y , 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;
Interpretation
53
"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
[s. 2]
such word or expression.
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
67.  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
[s. 3]
Enactment.
Sections to be substantive Enactment
68.  Every section of an Act of Parliament, Ordinance or Enactment
shall have effect as a substantive enactment without introductory
[s. 4]
words.
Schedules
69. 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]
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Sub-divisions of Acts of Parliament, Ordinances and Enactments
70.  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
[s. 6]
notice of in all courts and for all purposes whatsoever.
Forms
71.  Save as is otherwise expressly provided, whenever forms are
prescribed slight deviations therefrom, not affecting the substance
[s. 7]
or calculated to mislead, shall not invalidate them.
Mode of citing Acts of Parliament, Ordinances and Enactments
72. (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
[s. 8]
to that other law as for the time being in force.
DIVISION SEVEN
Repeal, Re-Enactment and Amending Legislation
Repeal of repealing laws
73.  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
[s. 9]
be added reviving such written law or provisions.
Interpretation
55
Repeal of amended law to include amendments
74.  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
75. (1) Where a written law repeals wholly or in part any former
written law and substitutes other provision therefor, 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 therefor, 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
[s. 11]
to have been made thereunder.
Reference to re-enacted provisions
76.  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
[s. 12]
so re-enacted.
Effect of repeal
77.  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
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(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
[s. 13]
law had not been passed.
Construction of amending Act of Parliament, Ordinance or
Enactment
78.  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
79.  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
[s. 15]
continued in force.
Ordinance or Act of Parliament may be altered or repealed in
same session
80.  Any Ordinance or Act of Parliament may be altered, amended
or repealed in the session of the Legislative Assembly or Parliament
[s. 16]
in which it was passed.
Interpretation
57
DIVISION EIGHT
Imperial Acts
Citation of Imperial Statutes
81.  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
[s. 17]
it was passed and its chapter.
Imperial Acts to be read with necessary modification
82.  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
[s. 18]
same applicable to the circumstances.
Reference in written law to provision of Imperial Act
83.  Where in any written law reference is made to any provision
of an Imperial Act and that provision is subsequently repealed and
re-enacted 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
84.  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,
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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
[s. 20]
legislation.
Exercise of statutory powers between enactment and
commencement of Act of Parliament, Ordinance or Enactment
85.  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
E n a c t m e n t into operation, have any effect until the Act of
Parliament, Ordinance or Enactment comes into operation.
[s. 21]
Commencement of subsidiary legislation
86. (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
[s. 22]
under which such subsidiary legislation is made.
Interpretation
59
General provisions with respect to power given to any authority
to make subsidiary legislation
87.  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
88.  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
[s. 23A]
thereunto enabling.
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Judicial notice of proclamations, orders and regulations
89.  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
[s. 24]
of Parliament, Ordinance or Enactment.
Construction of amending regulations
90.  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
[s. 25]
amended regulations.
Acts done under subsidiary legislation to be deemed done under
Act of Parliament, Ordinance or Enactment
9 1 .  A n 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,
[s. 26]
Ordinance or Enactment.
Subsidiary legislation made by Yang di-Pertuan Agong to
override other subsidiary legislation
92.  Subject to any express provision in any Act of Parliament
or Ordinance, where power is conferred on the Yang di-Pertuan
A g o n g 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
[s. 27]
made by the Yang di-Pertuan Agong shall prevail.
Interpretation
61
DIVISION TEN
Powers and Appointments
Construction of provisions as to exercise of powers and duties
93. (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.
[s. 28]
(3) (Deleted by Ord. No. 41 of 1953).
Power to appoint includes power to dismiss
94.  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
95. (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.
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(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
[s. 30]
exemption is granted.
Appointment of officers by name or office
96. (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
[s. 31]
written law under which the appointment is made.
Construction of powers of appointment
97.  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
Interpretation
63
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
[s. 31A]
concerned.
Official designation to include officer executing duties
98.  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
[s. 32]
duties of such office or any portion of such duties.
Power of Yang di-Pertuan Agong to provide for execution of
duties of public officer during temporary absence or inability
99. (1) Where by or under any written law any powers are conferred
o r 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
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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
[s. 33]
substantively in his place.
Power of Yang di-Pertuan Agong or Minister to delegate hearing
of appeals, etc., to Committees
100. (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
[s. 33A]
accept such advice.
Powers to appoint chairman, etc.
101.  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,
[s. 33B]
commission, committee or similar body.
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65
Powers of a board, etc., not affected by vacancy, etc.
102.  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
[s. 33C]
thereof.
DIVISION ELEVEN
Distance and Time
Measurement of distance
103.  In the measurement of any distance for the purposes of any
written law, that distance shall, unless the contrary intention appears,
[s. 34]
be measured in a straight line on a horizontal plane.
Time of commencement
104.  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
e x p r e s s l y provided, be construed as coming into operation
immediately on the expiration of the day next preceding such day.
[s. 35]
Computation of time
105.  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;
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(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
[s. 36]
of the time.
Computation of age
106.  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]
[s. 37]
(Deleted by Act 261).
107.
Provision when no time prescribed
108.  Where no time is prescribed or allowed within which anything
shall be done, such thing shall be done with all convenient speed
[s. 38]
and as often as the prescribed occasion arises.
Construction of power of extending time
109.  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
[s. 39]
of the time prescribed.
Interpretation
67
DIVISION TWELVE
Miscellaneous
Evidence of signature of Yang di-Pertuan Agong or Attorney
General to fiat
110.  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
[s. 40]
person as aforesaid.
Solicitor General to exercise powers of Attorney General
111. (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
112.  Save as is otherwise expressly provided by any written law,
whenever any act or thing is required to be done by more than two
[s. 41]
persons, a majority of them may do it.
Public officers
113.  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
[s. 42]
in the Federation or State, as the case may be.
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Ex-officio proceedings not to abate on death, etc.
114.  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
[s. 43]
appointed to perform the duties of the office.
Construction of references to laws
115.  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
[s. 44]
the portion comprised in the description or citation.
[s. 45]
(Deleted by Ord. No. 41 of 1953).
116.
English text to prevail
117.  In case of any conflict or discrepancy between the English
text of a written law and any translation thereof, the English text
[s. 46]
shall prevail.
Use of languages other than English for oaths, declarations,
etc.
118. (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.
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69
(2) A declaration contained in a certificate under the foregoing
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
[s. 46A]
those requirements.
Gazette to be evidence of matters therein
119.  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