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1 -1. Short Title.

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

2 -2. Remuneration.

(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.

3 -3. Provision against double salary.

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.

4 -4. Charge of salary.

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

5 -5. Certain communications to be privileged.

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.

6 -6. Protection of members.

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.

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

Every member, officer and servant of the Election Commission shall be deemed to be a public servant within the meaning of the Penal Code (F.M.S. Cap. 45) .

8 -8. Giving false information to Commission.

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.

9 -9. Unauthorised publication and disclosure of information.

(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 unauthorised 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

10 -10. Influencing or attempting to influence Commission.

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:

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

11 -11. Consent of Public Prosecutor to prosecutions.

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

12 -12. Schedule may be amended by regulations.

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