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Election Commission Act 1957 (Revised 1970)

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THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD

2006

Act 31

ELECTION COMMISSION

ACT 1957

Incorporating all amendments up to 1 January 2006 031e(final).fm Page 1 Monday, March 27, 2006 2:48 PM PREPARED FOR PUBLICATION BY

MALAYAN LAW JOURNAL SDN BHD

AND PRINTED BY

PERCETAKAN NASIONAL MALAYSIA BERHAD

KUALA LUMPUR BRANCH

2006

2

ELECTION COMMISSION ACT 1957

First enacted ... ... ... ... ... ... 1957 (Ordinance No. 76 of 1957)

Revised ... ... ... ... ... ... ... 1970 (Act 31 w.e.f. 1 July 1971)

National language text

to be authoritative ... ... ... ... P.U.(B)501/1994 PREVIOUS REPRINTS

First Reprint ... ... ... ... ... 1993

Second Reprint ... ... ... ... ... 1999

Third Reprint ... ... ... ... ... 2004

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LAWS OF MALAYSIA

Act 31

ELECTION COMMISSION ACT 1957

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Remuneration

3. Provision against double salary

4. Charge of salary

5. Certain communications to be privileged

6. Protection of members

7. Members, officers and servants of Commission deemed public servants

8. Giving false information to Commission

9. Unauthorized publication and disclosure of information

10. Influencing or attempting to influence Commission

11. Consent of Public Prosecutor to prosecutions

12. Schedule may be amended by regulations SCHEDULE

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LAWS OF MALAYSIA

Act 31

ELECTION COMMISSION ACT 1957

An Act to make provision for the remuneration, privileges and protection of members of the Election Commission, for the punishment of offences in connection with the Election Commission, and for other matters connected with it.

[Peninsular Malaysia, Federal Territory of

Putrajaya*--31 August 1957, Ord. No. 76/1957;

Sabah, Federal Territory of Labuan**

--20 May 1965, L.N. 202/1965;

Sarawak--25 April 1966, P.U. 273/1966]

Short title

1. This Act may be cited as the Election Commission Act 1957. Remuneration

2. (1) The remuneration of members of the Election Commission shall consist of the salary or fixed allowance, allowances and privileges prescribed in the Schedule.

(2) The salary or fixed allowance of each member of the Election Commission shall--

(a) commence from the date of his appointment;

(b) accrue from day to day; and

(c) be payable monthly on the last day of each month or on such other day as the Treasury may from time to time determine.

* NOTE--See section 6 of Act A1095.

** NOTE--See section 6 of Act A585.

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Provision against double salary

3. A person to whom salary is payable under this Act or for whose salary as the holder of any other office provision is made by any other written law shall be entitled to receive only one such salary, but if he is the holder of two or more offices in respect of which salary is so payable and there is a difference in the salaries payable in respect of those offices, the office in respect of which salary is payable to him shall be that in respect of which the highest salary is payable.

Charge of salary

4. The sum required for the remuneration payable under this Act shall be charged on the Consolidated Fund.

Certain communications to be privileged

5. No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication written or oral which has taken place between the Election Commission or any member of the Commission and the Government or any Minister or public officer or any communication between members of the Election Commission in exercise of or in connection with the exercise of the functions of the Commission unless the Yang di-Pertuan Agong shall in writing consent to such production or disclosure. Protection of members

6. Every member of the Election Commission shall have the like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done by him when acting in the execution of his office as is by law given to a Magistrate acting in the execution of his office.

Members, officers and servants of Commission deemed public servants

7. Every member, officer and servant of the Election Commission shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

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Giving false information to Commission

8. Any person who, in connection with the exercise by the Election Commission of any of its functions, wilfully gives to the Commission or to any member thereof or to any person or body of persons appointed by the Commission to assist in the exercise of its functions any information which is false or misleading in any material particular shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both. Unauthorized publication and disclosure of information

9. (1) No member of the Election Commission nor any other person shall, without the written permission of the Yang di-Pertuan Agong, publish or disclose to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his duty as a member in respect of any matter relating to the exercise by the Commission of any of its functions, and any person who knowingly acts in contravention of this subsection shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(2) If any person having possession of any information which to his knowledge has been disclosed in contravention of this section publishes or communicates the information to any person otherwise than for the purpose of a prosecution under this Act, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Influencing or attempting to influence Commission

10. Any person who, otherwise than in the course of his duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Election Commission or any member thereof shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both:

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Provided that nothing in this section shall prohibit any person from supplying any information or assistance upon formal request made by the Commission.

Consent of Public Prosecutor to prosecutions

11. A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.

Schedule may be amended by regulations

12. The Yang di-Pertuan Agong may by regulations amend the Schedule.

SCHEDULE

[Section 2]

1. SALARY: Chairman RM9,039.80 per month

Deputy Chairman RM7,672.50 per month

FIXED ALLOWANCE:

Members RM5,547.51 per month

ACTING ALLOWANCE:

(a) In the event of the Deputy Chairman or any member performing the functions of the Chairman or Deputy Chairman during a period exceeding twenty-eight days, he shall be entitled to an acting allowance, equivalent to the difference between his salary or fixed allowance, as the case may be, and the salary of the position he is acting in. (b) The Deputy Chairman or any member who has been asked to perform the functions of the Chairman for the second or subsequent time shall be entitled to an acting allowance, if he performs the functions for a period exceeding fourteen days, including public holidays. 031e(final).fm Page 8 Monday, March 27, 2006 2:48 PM Election Commission 9

2. SUBSISTENCE ALLOWANCES (DOMESTIC): (a) on outstation duty for a period of twenty-four hours and above: (b) on outstation duty for a period exceeding eight hours but less than twenty-four hours the rates shall be half the rates in subparagraph (a).

3. HOTEL ACCOMMODATION EXPENSES AND LODGING (DOMESTIC):

4. ALLOWANCE FOR TRAVELLING USING OWN VEHICLE: (travelling from house to office and vice versa excepted) A member of the Commission using his own vehicle to carry out his official duty outside the headquarters is entitled to claim travelling allowance on such terms and conditions as stipulated in Treasury Circular No. 3 Of 2003 and Treasury Circular No. 6 Of 2001 or as may be determined by the Treasury from time to time.

Chairman equivalent to a member of the public service in Premier/Special Grade "A" and above on

such terms and conditions as stipulated in

Treasury Circular No. 3 Of 2003* or as may

be determined by the Treasury from time to

time.

Deputy Chairman

and members

equivalent to a member of the public service

in category I with a salary of RM4794.02 to

Premier/Special Grade "B" on such terms

and conditions as stipulated in Treasury

Circular No. 3 Of 2003 or as may be

determined by the Treasury from time to

time.

*NOTE--This Treasury Circular has replaced Treasury Circular No. 2 Of 1992. Chairman equivalent to a member of the public service in Premier/Special Grade "A" and above on

such terms and conditions as stipulated in

Treasury Circular No. 3 Of 2003 or as may

be determined by the Treasury from time to

time.

Deputy Chairman

and members

equivalent to a member of the public service

in category I with a salary of RM4794.02 to

Premier/Special Grade "B" on such terms

and conditions as stipulated in Treasury

Circular No. 3 Of 2003 or as may be

determined by the Treasury from time to time.

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5. MEDICAL FACILITIES: Free outpatient treatment for the Chairman, Deputy Chairman and members, their spouses and children but in case of hospitalization daily ward charges are payable according to rates chargeable for Division I officers except where hospitalization is as a result of injuries sustained in the course of duty. Where the Chairman, Deputy Chairman or member is a pensioner he may opt for the medical facilities available to pensioners. "Child" means any dependant child below 21 years of age of the Chairman, Deputy Chairman, or member, or any dependant child pursuing a first degree in an institution of higher learning and includes a child who is mentally retarded or physically handicapped in which case the age limit shall not apply. It shall also include a stepchild or a child adopted under any recognized law or custom.

6. LEAVE: (a) Thirty days vacation leave in respect of each completed year of service with the Commission shall be granted;

(b) a member may carry forward the vacation leave which he is unable to finish on that particular year to the next succeeding year of his term of office; and

(c) a member may apply for special leave to perform the Haj on condition that he has not used this privilege while in the public service and subject to other terms and conditions as may be determined by the Government from time to time.

7. MONTHLY HOUSING ALLOWANCE: Furnished Class "B" or "C" quarters shall be provided free of charge or if not living in quarters housing allowance at the following rates shall be payable:

8. GRATUITY: A gratuity at the rate of 171

/2%­12% Employees Provident Fund (EPF)

contribution x number of completed months of service x the last month's basic salary after deducting the employer's contribution to the EPF shall be paid-- (a) on the expiry of the term of appointment of the member but where a member is appointed for more than one term he may opt either to be paid at the end of each term or until he has completed all the terms (in either case he is entitled to exemption from income tax only once); or (b) to such of his dependants as may be determined by the Yang di-Pertuan Agong or if there are no dependants, to his personal representative, if he dies while holding office.

Chairman RM2,000

Deputy Chairman RM1,300

Members RM900

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9. ADVANCE TO PURCHASE MOTOR VEHICLES: (payable within the term of office of the member during which the advance is given on such terms and conditions as stipulated in the Treasury Circular or Circular Letter for Advance To Purchase Motor Vehicles for members of the public services or as may be determined by the Treasury from time to time).

10. DRIVER'S ALLOWANCE:

11. AIR TRAVEL: ("domestic" means flights within and to and from Brunei, Kalimantan, Malaysia, Singapore and Thailand (from Phuket southwards)).

12. MONTHLY ENTERTAINMENT ALLOWANCE:

13. OFFICIAL CAR: The Chairman and Deputy Chairman shall be provided with an official car as may be determined by the Treasury from time to time. Chairman and Deputy Chairman RM60,000

Members RM55,000

Chairman provided with a driver or if the driver employed is not from the public service, the salary is based on Grade R10 of the New Remuneration System.

Deputy

Chairman and

members

equivalent to a member of the public service in

category I with a salary of RM4794.02 to Special

Grade "B" on such terms and conditions as

stipulated in Treasury Circular No. 3 Of 2003 or

as may be determined by the Treasury from time

to time.

Chairman, Deputy

Chairman

and members

First Class (non-domestic and domestic)

Chairman RM4,000

Deputy Chairman RM2,500

Members RM800

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14. TRAVELLING ELIGIBILITY WHEN REPORTING FOR DUTY: A member of the Commission is entitled to--

(a) claim air fare based on his eligibility when travelling to report for duty; (b) air fare for the spouse and any child under the age of 21 years old; and (c) transfer allowance to his home state when his term of office expires.

15. SUBSTITUTION ALLOWANCE: A member of the Commission is entitled to substitution allowance when using his own car for carrying out official functions outside headquarters subject to terms and conditions as may be determined by the Treasury from time to time.

16. ADVANCE: When carrying out official functions outside headquarters, a member of the Commission is entitled to an advance subject to the terms and conditions as may be determined by the Treasury from time to time.

17. MISCELLANEOUS EXPENSES: When travelling to carry out official functions, the following miscellaneous expenses incurred shall be reimbursed:

(a) telephone, telegram or postal charges incurred in respect of the official functions;

(b) laundry expenses (to be supported by receipts) incurred during hotel stay of more than three days; and

(c) parking, toll and ferry charges (to be supported by receipts).

18. HOUSE UPKEEP ALLOWANCE:

19. SERVANTS' ALLOWANCE:

20. WATER AND ELECTRICITY CHARGES: The Chairman shall be entitled to free water and electricity. Chairman RM2,000 per year

Deputy Chairman RM2,000 per year

Chairman RM500 per month

Deputy Chairman RM500 per month

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21. OFFICIAL DUTY OUTSIDE MALAYSIA: (a) Subsistence Allowances

(b) Hotel Accommodation Expenses and Lodging

(c) Miscellaneous Expenses

When carrying out official duty outside Malaysia, a member of the Commission is entitled to claim miscellaneous expenses on such terms and conditions as stipulated in Treasury Circular No. 3 Of 2003 or as may be determined by the Treasury from time to time.

Chairman equivalent to a member of the public service in Premier/Special Grade "A" and above on

such terms and conditions as stipulated in

Treasury Circular No. 3 Of 2003 and Treasury

Circular No. 6 Of 2001 or as may be

determined by the Treasury from time to time.

Deputy Chairman and

members

equivalent to a member of the public service

in category I with a salary of RM4794.02 to

Premier/ Special Grade "B" on such terms

and conditions as stipulated in Treasury

Circular No. 3 Of 2003 and Treasury Circular

No. 6 Of 2001 or as may be determined by

the Treasury from time to time.

Chairman equivalent to a member of the public service in Premier/Special Grade "A" and above on

such terms and conditions as stipulated in

Treasury Circular No. 3 Of 2003 and Treasury

Circular No. 6 Of 2001 or as may be

determined by the Treasury from time to time.

Deputy Chairman and

members

equivalent to a member of the public service

in category I with a salary of RM4794.02 to

Premier/ Special Grade "B" on such terms

and conditions as stipulated in Treasury

Circular No. 3 Of 2003 and Treasury Circular

No. 6 Of 2001 or as may be determined by

the Treasury from time to time.

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(d) Warm Clothing Allowance

When required to carry out official duty in countries of temperate climate, a member of the Commission is eligible to claim Warm Clothing Allowance on such terms and conditions as stipulated in Treasury Circular No. 3 Of 2003 or as may be determined by the Treasury from time to time.

22. EX-GRATIA SCHEME FOR WORK DISASTER: A member of the Commission involved in an accident or injured while on official duty is entitled to receive benefit on such terms and conditions as stipulated in Treasury Circular No. 7 Of 2001 or as may be determined by the Treasury from time to time.

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LAWS OF MALAYSIA

Act 31

ELECTION COMMISSION ACT 1957

LIST OF AMENDMENTS

Amending law Short title In force from

Act A150 Election Commission (Amendment)

Act 1972

01-01-1972

Act A165 Election Commission (Amendment)

Act 1973

01-01-1972

Act A214 Election Commission (Amendment)

(No. 2) Act 1973

31-08-1973

Act A469 Election Commission (Amendment)

Act 1979

01-07-1977

P.U.(A)97/1981 Election Commission (Amendment

of Second Schedule) Regulations

1981

01-07-1980

Act A510 Election Commission (Amendment)

Act 1981

01-07-1980

Act A524 Election Commission (Amendment)

Act 1981

15-05-1981

P.U.(A)314/1981 Election Commission (Amendment

of Schedule) Regulations 1981

15-05-1981

P.U.(A)427/1989 Election Commission (Amendment

of Schedule) Regulations 1989

01-10-1988

P.U.(A)365/1991 Election Commission (Amendment

of Schedule) Regulations 1991

Para. 2(a):

01-01-1991;

Para.2(b) &(c):

01-03-1991

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P.U.(A)79/1992 Election Commission (Amendment

of Schedule) Regulations 1992

Subreg. 2(1):

01-01-1989;

Subreg. 3(1):

01-01-1992

P.U.(A)331/1996 Election Commission (Amendment

of Schedule) Regulations 1996

01-01-1994

P.U.(A)599/1996 Election Commission (Amendment

of Schedule) (No. 2) Regulations

1996

01-01-1995

P.U.(A)231/1998 Election Commission (Amendment

of Schedule) Regulations 1998

19-06-1998

P.U.(A)222/2000 Election Commission (Amendment

of Schedule) Regulations 2000

01-08-1999

P.U.(A)408/2000 Election Commission (Amendment

of Schedule) (No.2) Regulations

2000

01-01-2000

P.U.(A)243/2001 Election Commission (Amendment

of Schedule) Regulations 2001

01-03-2001

P.U.(A)163/2002 Election Commission (Amendment

of Schedule) Regulations 2002

01-01-2002

P.U.(A)32/2003 Election Commission (Amendment

of Schedule) Regulations 2003

02-10-2002

P.U.(A)229/2004 Election Commission (Amendment

of Schedule) Regulations 2001

Corrigendum

P.U.(A)19/2005 Election Commission (Amendment

of Schedule) Regulations 2005

01-11-2002

P.U.(A)24/2005 Election Commission (Amendment

of Schedule) (No.2) Regulations

2005

01-10-2003

Amending law Short title In force from

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LAWS OF MALAYSIA

Act 31

ELECTION COMMISSION ACT 1957

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Act A150 01-01-1972

Act A469 01-07-1977

Act A524 15-05-1981

12 Act A469 01-07-1977

Act A524 15-05-1981

Schedule Act A150 01-01-1972

Act A165 01-01-1972

Act A214 31-08-1973

Act A469 01-07-1977

Act A510 01-07-1980

P.U.(A)97/1981 01-07-1980

Act A524 15-05-1981

P.U.(A)314/1981 15-05-1981

P.U.(A)427/1989 01-10-1988

P.U.(A)365/1991 01-01-1991;

01-03-1991

P.U.(A)79/1992 01-01-1989;

01-01-1992

P.U.(A)331/1996 01-01-1994

P.U.(A)599/1996 01-01-1995

P.U.(A)231/1998 19-06-1998

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P.U.(A)222/2000 01-08-1999

P.U.(A)408/2000 01-01-2000

P.U.(A)243/2001 01-03-2001

P.U.(A)163/2002 01-01-2002

P.U.(A)32/2003 02-10-2002

P.U.(A)19/2005 01-11-2002

P.U.(A)24/2005 01-10-2003

Section Amending authority In force from

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