INTERPRETATION ACTS 1948 AND 1967 (CONSOLIDATED AND REVISED 1989)
This Act may be cited as the Interpretation Acts, 1948 and 1967 .
(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 18th May 1967;
(b) all laws, whether enacted before or after the commencement of this Act, revised under the Revision of Laws Act 1968;
(c) all subsidiary legislation made under this Act and under Acts of Parliament enacted after the commencement of this Act;
(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 31st 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 shal
(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.
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; "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 1st Ja
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.
(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.
(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.
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.
(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, is authorised to exercise functions under the Financial Procedure Act 1957.
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)
A reference to distance is a reference to distance measured in a straight line on a horizontal plane.
Where a written law authorises 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.
Every Act shall be a public Act unless the contrary is expressly provided therein.
Every Act shall be divided into sections, each of which shall have effect as a substantive enactment without any introductory words.
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.
[Am. Act A996]
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.
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.
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.
[Ins. Act A996]
(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 contain 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 fortnightl
19 DIVISION TWO Provisions Affecting Written Laws Generally-19. Commencement.
(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 immediately on the expiration of the day preceding their commencement.
(3) Notwithstanding section 2(1) and (2) and section 65(2),subsections (1) and (2) shall apply:
(a) to all Acts enacted after the 31st 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 31st 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.
20 DIVISION TWO Provisions Affecting Written Laws Generally-20. Subsidiary legislation may be retrospective.
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:
[Am. Act A996]
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.
21 DIVISION TWO Provisions Affecting Written Laws Generally-21. Meaning of certain expressions in subsidiary legislation.
(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.
22 DIVISION TWO Provisions Affecting Written Laws Generally-22. Amendment, revocation, etc., of subsidiary legislation.
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.
23 DIVISION TWO Provisions Affecting Written Laws Generally-23. Avoidance of subsidiary legislation in case of inconsistency with Act.
(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, 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.
[Ins. Act A996]
(2) In this section "Act" includes a federal law styling itself an Ordinance or Enactment.
24 DIVISION TWO Provisions Affecting Written Laws Generally-24. Things done under subsidiary legislation deemed to be done under authorising law.
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.
25 DIVISION TWO Provisions Affecting Written Laws Generally-25. Subsidiary legislation deemed to be made under all powers thereunto enabling.
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.
[Ins. Act A996]
26 DIVISION TWO Provisions Affecting Written Laws Generally-26. Particular power to make subsidiary legislation without prejudice to general power.
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.
27 DIVISION TWO Provisions Affecting Written Laws Generally-27. Penalties in subsidiary legislation.
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.
[Am. Act A996]
28 DIVISION TWO Provisions Affecting Written Laws Generally-28. Subsidiary legislation unaffected by repeal of authorising law in certain cases.
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.
29 DIVISION TWO Provisions Affecting Written Laws Generally-29. Repeal does not revive earlier repealed laws, etc.
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.
30 DIVISION TWO Provisions Affecting Written Laws Generally-30. Matters not affected by repeal.
(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.
(2) Without prejudice to the generality of subsection (1):
(a) th
31 DIVISION TWO Provisions Affecting Written Laws Generally-31. Repeal includes amending legislation.
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.
32 DIVISION TWO Provisions Affecting Written Laws Generally-32. Expiry.
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.
33 DIVISION TWO Provisions Affecting Written Laws Generally-33. Specific transitional and saving provisions to be without prejudice to sections 28 to 32.
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.
34 DIVISION TWO Provisions Affecting Written Laws Generally-34. Construction of amended law with amending law.
Where a written law amends another written law, the amending law shall be read and construed as one with the amended law.
35 DIVISION TWO Provisions Affecting Written Laws Generally-35. References to written laws.
(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.
36 DIVISION TWO Provisions Affecting Written Laws Generally-36. Internal references in written laws.
(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;
(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 refere
37 DIVISION THREE Powers and Appointments-37. Time for exercise of power.
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.
38 DIVISION THREE Powers and Appointments-38. Power of majority.
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.
39 DIVISION THREE Powers and Appointments-39. Law officers.
(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.
(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.
40 DIVISION THREE Powers and Appointments-40. Implied powers.
(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 re
41 DIVISION THREE Powers and Appointments-41. Powers of certain bodies not effected by vacancy, etc.
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.
42 DIVISION THREE Powers and Appointments-42. Exercise of power between publication and commencement of Act.
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.
43 DIVISION THREE Powers and Appointments-43. Construction of power to appoint commencement.
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.
44 DIVISION THREE Powers and Appointments-44. Implied powers in respect of fees and charges.
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.
45 DIVISION THREE Powers and Appointments-45. Construction of power to extend time.
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.
46 DIVISION THREE Powers and Appointments-46. Power to delegate hearing of appeals.
(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).
47 DIVISION THREE Powers and Appointments-47. Power to appoint includes power to remove, etc.
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.
48 DIVISION THREE Powers and Appointments-48. Power to appoint member of board, etc.,temporarily.
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.
49 DIVISION THREE Powers and Appointments-49. Power to appoint chairman, etc.
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.
50 DIVISION THREE Powers and Appointments-50. Appointment may be made by office and with retrospective effect.
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.
51 DIVISION THREE Powers and Appointments-51. Temporary exercise of ministerial functions.
(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.
52 DIVISION THREE Powers and Appointments-52. Appointment, etc., in the public services.
(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.
(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
53 DIVISION FOUR Miscellaneous-53. Computation of years of age.
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 29th February shall, in a year which is not a leap year, be taken as 1st March.
54 DIVISION FOUR Miscellaneous-54. Computation of time.
(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;
(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 re
55 DIVISION FOUR Miscellaneous-55. Evidence of signature on fiat, etc.
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.
56 DIVISION FOUR Miscellaneous-56. Ex-officio proceedings no to abate on death, etc.
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.
57 DIVISION FOUR Miscellaneous-57. Making of declarations, etc., in particular languages.
(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 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
58 DIVISION FOUR Miscellaneous-58. Imposition of penalty no bar to civil action.
The imposition of a penalty by any written law shall not relieve any person from liability to answer for damages to a person injured.
59 DIVISION FOUR Miscellaneous-59. Offences under two or more laws.
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.
60 DIVISION FOUR Miscellaneous-60. Penalties prescribed to be deemed maximum penalties.
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.
61 DIVISION FOUR Miscellaneous-61. Gazettes to be evidence.
All printed copies of the Gazette or a State Gazette purporting to be published by authority and printed by the Government 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.
62 DIVISION FOUR Miscellaneous-62. Deviation from forms.
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.
62A DIVISION FOUR Miscellaneous-62A. Use of electronic means or medium.
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 unauthorised access to any information recorded or fixed by such means or on such medium.
[Ins. Act A996]
63 DIVISION FOUR Miscellaneous-63. Saving of rights of Yang di-Pertuan Agong and Government.
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.
64 DIVISION FOUR Miscellaneous-64. binds Yang di-Pertuan Agong and Government.
PART I of this Act shall be binding on the Yang di-Pertuan Agong and on the Government.
65 DIVISION FOUR Miscellaneous-65. Repeal and saving.
(1) Part II of this Act [Interpretation and General Clauses Ordinance 1948] is repealed with effect from 18th 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 18th May 1967 and to subsidiary legislation made after that date under such a written law.
67 PART II DIVISION FIVE 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.
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 Enactment. [s. 3]
68 PART II DIVISION FIVE DEFINITIONS DIVISION SIX GENERAL PROVISIONS REGARDING ACTS OF PARLIAMENT, ORDINANCES AND ENACTMENTS-68. Sections to be substantive enactments.
Every section of an Act of Parliament, Ordinance or Enactment shall have effect as a substantive enactment without introductory words. [s. 4]
66 PART II DIVISION FIVE DEFINITIONS-66. DEFINITIONs.
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 31st 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; "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; "Act" or "Act of Parliament" means a law made by Parliament; "advocate" and "advocate and solicitor" mean an advocate and solicitor of th
Legal Commentary on Section 66 of the Interpretation Acts 1948 and 1967 (Consolidated and Revised 1989)
Introduction
Section 66 of the Interpretation Acts 1948 and 1967 is a crucial provision that defines the scope of penalties, forfeitures, and punishments that can be imposed under written laws. It provides a legal framework to ensure that penalties are clearly prescribed and enforceable within the statutory context, thereby supporting the rule of law and legal certainty.
What does Section 66 Say
Section 66 stipulates that any investigation, legal proceeding, or remedy related to a written law may be instituted, continued, or enforced, and any penalty, forfeiture, or punishment may be imposed, as authorized by the law. It emphasizes that penalties must be explicitly provided for within the relevant legislation.
Essential Ingredients
- Authority for penalties: Penalties, forfeitures, or punishments must be prescribed by law.
- Procedural capacity: Legal proceedings or investigations can be initiated and continued under the law.
- Enforceability: Penalties can be enforced through judicial or administrative processes.
- Limitation: Penalties must be within the scope of what is authorized by the relevant written law.
Scope of Section
The section applies broadly to all written laws, including statutes, regulations, and other legal instruments, ensuring uniformity in how penalties and enforcement are approached across different legal provisions. It underpins the legality of penalties and ensures they are not arbitrary.
Punishment for Section
While Section 66 itself does not prescribe specific punishments, it authorizes the enforcement of penalties provided under various laws. The actual punishments are detailed within the respective statutes that invoke this section, such as the Factories Act, Customs Act, or Army Act.
Legal Comments
- Clarity of Penalties - Section 66 mandates that penalties must be clearly prescribed within the law, reinforcing legal certainty [Interpretation Acts 1948 and 1967, Source 1].
- Broad Applicability - The section applies to all written laws, making it a fundamental principle for statutory enforcement [Interpretation Acts 1948 and 1967, Source 1].
- Procedural Flexibility - It allows for the continuation of investigations and legal proceedings, ensuring enforcement is not hindered by procedural lapses [Interpretation Acts 1948 and 1967, Source 1].
- Legal Certainty - Ensures penalties are not imposed arbitrarily but are grounded in the law, aligning with principles of justice and rule of law [Interpretation Acts 1948 and 1967, Source 1].
- Enforcement Authority - Empowers authorities to institute and enforce penalties, supporting effective legal administration [Interpretation Acts 1948 and 1967, Source 1].
- Consistency in Enforcement - Promotes uniform application of penalties across different laws, enhancing consistency [Interpretation Acts 1948 and 1967, Source 1].
- Consolidation of Law - The section aids in the consolidation and clarification of penalties across various statutes, preventing ambiguity [Statute Revision and Consolidation, Source 2].
- Role in Statutory Interpretation - Acts as a guiding principle when courts interpret penalties and enforcement provisions in statutes [Purposive Approach and Extrinsic Material, Source 3].
- Legislative Intent - Reflects legislative intent to regulate penalties strictly within the scope of law, avoiding abuse of power [Interpretation Acts 1948 and 1967, Source 1].
- Legal Validity - Ensures that penalties are legally valid only if prescribed by law, upholding the rule of legality [Interpretation Acts 1948 and 1967, Source 1].
- Application to Specific Laws - The section is applicable to specific laws like the Factories Act, Customs Act, and Army Act, as evidenced in various legal texts [Factories Act 1948, Source 3; Customs Act 1967, Source 14].
- Judicial Approach - Courts rely on Section 66 to determine whether penalties imposed are lawful and properly prescribed [Interpretation of Statutes, Source 16].
- Preventive and Punitive Measures - Facilitates both preventive measures (investigations) and punitive actions (penalties) under the law [Interpretation Acts 1948 and 1967, Source 1].
- Harmonization with Other Acts - Works in tandem with other legal provisions to ensure penalties are harmonized and enforceable [Interpretation Acts 1948 and 1967, Source 1].
- Limitations - The section does not authorize penalties beyond those explicitly provided by law, preventing arbitrary punishment [Interpretation Acts 1948 and 1967, Source 1].
- Impact on Legal Proceedings - Ensures that legal proceedings related to penalties are initiated and continued within the framework of the law, maintaining procedural integrity [Interpretation Acts 1948 and 1967, Source 1].
Note: The analysis is based on the available sources, focusing on the key aspects of Section 66 within the context of Malaysian law as outlined in the Interpretation Acts 1948 and 1967.
69 PART II DIVISION FIVE DEFINITIONS DIVISION SIX GENERAL PROVISIONS REGARDING ACTS OF PARLIAMENT, ORDINANCES AND ENACTMENTS-69. Schedules.
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]
70 PART II DIVISION FIVE DEFINITIONS DIVISION SIX GENERAL PROVISIONS REGARDING ACTS OF PARLIAMENT, ORDINANCES AND ENACTMENTS-70. Sub-divisions of Acts of Parliament, Ordinances and Enactments.
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 notice of in all courts and for all purposes whatsoever. [s. 6]
71 PART II DIVISION FIVE DEFINITIONS DIVISION SIX GENERAL PROVISIONS REGARDING ACTS OF PARLIAMENT, ORDINANCES AND ENACTMENTS-71. Forms.
Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them. [s. 7]
72 PART II DIVISION FIVE DEFINITIONS DIVISION SIX GENERAL PROVISIONS REGARDING ACTS OF PARLIAMENT, ORDINANCES AND ENACTMENTS-72. Mode of citing Acts of Parliament, Ordinances and Enactments.
(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 to that other law as for the time being in force.
73 DIVISION SEVEN REPEAL, RE-ENACTMENT AND AMENDING LEGISLATION-73. Repeal of repealing laws.
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 be added reviving such written law or provisions. [s. 9]
74 DIVISION SEVEN REPEAL, RE-ENACTMENT AND AMENDING LEGISLATION-74. Repeal of amended law to include amendments.
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]
75 DIVISION SEVEN REPEAL, RE-ENACTMENT AND AMENDING LEGISLATION-75. Repeal and substitution.
(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 to have been made thereunder. [s. 11]
76 DIVISION SEVEN REPEAL, RE-ENACTMENT AND AMENDING LEGISLATION-76. Reference to re-enacted provisions.
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 so re-enacted. [s. 12]
77 DIVISION SEVEN REPEAL, RE-ENACTMENT AND AMENDING LEGISLATION-77. Effect of repeal.
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
(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 institut
78 DIVISION SEVEN REPEAL, RE-ENACTMENT AND AMENDING LEGISLATION-78. Construction of amending Act of Parliament, Ordinance or Enactment.
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]
79 DIVISION SEVEN REPEAL, RE-ENACTMENT AND AMENDING LEGISLATION-79. Effect of expiration of written law.
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 continued in force. [s. 15]
80 DIVISION SEVEN REPEAL, RE-ENACTMENT AND AMENDING LEGISLATION-80. Ordinance or Act of Parliament may be altered or repealed in same session.
Any Ordinance or Act of Parliament may be altered, amended or repealed in the session of the Legislative Assembly or Parliament in which it was passed. [s. 16]
81 DIVISION EIGHT IMPERIAL ACTS-81. Citation of Imperial Statutes.
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 it was passed and its chapter. [s. 17]
82 DIVISION EIGHT IMPERIAL ACTS-82. Imperial Acts to be read with necessary modification.
82. Imperial acts to be read with necessary modification.
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 same applicable to the circumstances. [s. 18]
83 DIVISION EIGHT IMPERIAL ACTS-83. Reference in written law to provision of Imperial Act.
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]
84 DIVISION NINE SUBSIDIARY LEGISLATION-84. Use of defined terms in subsidiary legislation.
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, 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 legislation. [s. 20]
85 DIVISION NINE SUBSIDIARY LEGISLATION-85. Exercise of statutory powers between enactment and commencement of Act of Parliament.
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 Enactment into operation, have any effect until the Act of Parliament, Ordinance or Enactment comes into operation. [s. 21]
86 DIVISION NINE SUBSIDIARY LEGISLATION-86. Commencement of subsidiary legislation.
(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 under which such subsidiary legislation is made. [s. 22]
87 DIVISION NINE SUBSIDIARY LEGISLATION-87. General provisions with respect to power given to any authority to make subsidiary legislation.
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 ma
88 DIVISION NINE SUBSIDIARY LEGISLATION-88. Construction of powers under which subsidiary legislation is made.
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 thereunto enabling. [s. 23A]
89 DIVISION NINE SUBSIDIARY LEGISLATION-89. Judicial notice of proclamations, orders and regulations.
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 of Parliament, Ordinance or Enactment. [s. 24]
90 DIVISION NINE SUBSIDIARY LEGISLATION-90. Construction of amending regulations.
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 amended regulations. [s. 25]
91. Acts done under subsidiary legislation to be deemed done under Act of Parliament.,
An 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, Ordinance or Enactment. [s. 26]
92 DIVISION NINE SUBSIDIARY LEGISLATION-92. Subsidiary legislation made by Yang di-Pertuan Agong to override other subsidiary legislation.
Subject to any express provision in any Act of Parliament or Ordinance, where power is conferred on the Yang di-Pertuan Agong 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 made by the Yang di-Pertuan Agong shall prevail. [s. 27]
93 DIVISION TEN POWERS AND APPOINTMENTS-93. Construction of provisions as to exercise of the powers and duties.
(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.
(3) (Repealed). [s. 28]
94 DIVISION TEN POWERS AND APPOINTMENTS-94. Power to appoint includes power to dismiss.
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]
95 DIVISION TEN POWERS AND APPOINTMENTS-95. Construction of enabling words.
(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.
(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 exemption is granted. [s. 30]
96 DIVISION TEN POWERS AND APPOINTMENTS-96. Appointment of officers by name or office.
(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 c
97 DIVISION TEN POWERS AND APPOINTMENTS-97. Construction of powers of appointment.
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-Pertuan 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 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 Ago
98 DIVISION TEN POWERS AND APPOINTMENTS-98. Official designation to include officer executing duties.
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 duties of such office or any portion of such duties. [s. 32]
99 DIVISION TEN POWERS AND APPOINTMENTS-99. Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability.
(1) Where by or under any written law any powers are conferred or 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 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 qual
100 DIVISION TEN POWERS AND APPOINTMENTS-100. Power of Yang di-Pertuan Agong or Minister to delegate hearing of appeals, etc., to Committees.
(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 accept such advice. [s. 33A]
101 DIVISION TEN POWERS AND APPOINTMENTS-101. Powers to appoint chairman, etc.
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, commission, committee or similar body. [s. 33B]
102 DIVISION TEN POWERS AND APPOINTMENTS-102. Powers of a board, etc., not affected by vacancy, etc.
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 thereof.
[s. 33C]
103 DIVISION ELEVEN DISTANCE AND TIME-103. Measurement of distance.
In the measurement of any distance for the purposes of any written law, that distance shall, unless the contrary intention appears, be measured in a straight line on a horizontal plane. [s. 34]
104 DIVISION ELEVEN DISTANCE AND TIME-104. Time of commencement.
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 expressly provided, be construed as coming into operation immediately on the expiration of the day next preceding such day. [s. 35]
105 DIVISION ELEVEN DISTANCE AND TIME-105. Computation of time.
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;
(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
106 DIVISION ELEVEN DISTANCE AND TIME-106. Computation of age.
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]
107 DIVISION ELEVEN DISTANCE AND TIME-107. (Repealed).
108 DIVISION ELEVEN DISTANCE AND TIME-108. Provision when no time prescribed.
Where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed and as often as the prescribed occasion arises. [s. 38]
109 DIVISION ELEVEN DISTANCE AND TIME-109. Construction of power of extending time.
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 of the time prescribed. [s. 39]
110 DIVISION TWELVE MISCELLANEOUS-110. Evidence of signature of Yang di-Pertuan Agong or Attorney General to fiat.
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 person as aforesaid. [s. 40]
111 DIVISION TWELVE MISCELLANEOUS-111. Solicitor General to exercise powers of Attorney General.
(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]
112 DIVISION TWELVE MISCELLANEOUS-112. Power of majority of more than two persons.
Save as is otherwise expressly provided by any written law, whenever any act or thing is required to be done by more than two persons, a majority of them may do it. [s. 41]
113 DIVISION TWELVE MISCELLANEOUS-113. Public officers.
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 in the Federation or State, as the case may be. [s. 42]
114 DIVISION TWELVE MISCELLANEOUS-114. Ex-officio proceedings not to abate on death, etc.
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 appointed to perform the duties of the office. [s. 43]
115 DIVISION TWELVE MISCELLANEOUS-115. Construction of references to laws.
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 the portion comprised in the description or citation. [s. 44]
116 DIVISION TWELVE MISCELLANEOUS-116. (Repealed).
117 DIVISION TWELVE MISCELLANEOUS-117. English text to prevail.
In case of any conflict or discrepancy between the English text of a written law and any translation thereof, the English text shall prevail. [s. 46]
118 DIVISION TWELVE MISCELLANEOUS-118. Use of languages other than English for oaths, declarations, etc.
(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.
(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
119 DIVISION TWELVE MISCELLANEOUS-119. Gazette to be evidence of matters therein.
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 whatsoever without any proof being given that such copies were so published and printed, and shall be taken and accepted as prima facie evidence of the proclamations, regulations, orders, appointments, notifications and other publications therein printed, and of the matters and things contained in such proclamations, regulations, orders, appointments, notifications and publications respectively. [s. 47]
120 DIVISION THIRTEEN REPRINT OF WRITTEN LAWS-120. Reprint of written laws.
(1) Where any written law has been amended, the Government Printer may, with the authority of the Yang di-Pertuan Agong, print copies of the law with the necessary additions, omissions, or substitutions effected by any written law amending it; and any copy of it purporting to be so printed shall be deemed, until the contrary is shown, to be the authentic text of the amended law as in force, except in so far as may be specified in the copy, on such date as may be so specified.
(2) A reference in any written law to the number of a line of any provision of any written law shall mean such line in the latest official printed copy of such written law at the time of the enactment of the written law containing such reference. [s. 48]
[NOTE - This section has ceased to have application in so far as it is a federal law with effect from the 1st January 1969, vide section 18 of the Revision of Laws Act 1968 (Act 1).]
121 DIVISION FOURTEEN PENAL PROVISIONS-121. Imposition of a penalty not a bar to civil action.
The imposition of a penalty by any written law, in the absence of express provision to the contrary, shall not relieve any person from liability to answer for special damages to a person injured. [s. 49]
122 DIVISION FOURTEEN PENAL PROVISIONS-122. Provisions as to offences under two or more laws.
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, unless the contrary intention appears, be liable to be prosecuted and punished under either or any of such laws or at common law, but shall not be liable to be punished twice for the same offence. [s. 50]
123 DIVISION FOURTEEN PENAL PROVISIONS-123. Penalties prescribed to be deemed maximum penalties.
Whenever in any written law a penalty is provided for an offence against such law, such provision shall be deemed to indicate that such offence shall be punishable, upon conviction, by a penalty not exceeding (except as may be otherwise expressly mentioned in such law) the penalty provided. [s. 51]
124 DIVISION FOURTEEN PENAL PROVISIONS-124. Carrying out of certain orders.
Where in any written law power is given to any authority to impose any fine or make any order or give any directions whatever and it is stated that such fine, order or directions shall be imposed, be recoverable or in any manner have effect as if the same were a fine, order or direction, imposed, made or given by a court or by a judicial or other officer, any such court or judicial or other officer having jurisdiction in the place where such fine, order or direction was imposed, made or given, or where the person who was ordered to pay the fine or who is required to obey the order or direction resides or may happen to be, may take the necessary steps to enforce the payment of the fine or the carrying out of the order or direction, as the case may be, in all respects as if the fine, order or direction had in fact been imposed, made or given by such court or judicial or other officer. [s. 52]
125 DIVISION FOURTEEN PENAL PROVISIONS-125. Application of fees, fines and forfeitures.
(1) Where under any written law any person is required to pay any charge or fee for any act or thing done, or document issued, or signature or seal affixed to any document, by any public officer or department, or where any person is adjudged by any court, or other authority duly authorised by law, to pay or forfeit any sum of money, such charge or fee and such sum of money shall be paid into the Treasury, unless the contrary is otherwise provided; and if any such charge or fee, or if any commission on money received or taken possession of, realised, or otherwise dealt with, is required to be paid to any public officer or department, such officer or department receiving the same shall pay it into or account for the same in due course to the Treasury.
(2) Where under any written law any thing or any animal is adjudged by any court, or other authority duly authorised by law, to be forfeited, it shall, unless the contrary is otherwise provided, or
126 DIVISION FOURTEEN PENAL PROVISIONS-126. (Repealed).
127 DIVISION FOURTEEN PENAL PROVISIONS-127. Saving of rights of the Yang di-Pertuan Agong and the Government.
No Act of Parliament, Ordinance or Enactment shall in any manner whatsoever affect the rights of the Yang di-Pertuan Agong or of the Government unless it is therein expressly provided, or unless it appears by necessary implication, that the Yang di-Pertuan Agong or the Government, as the case may be, is bound thereby. [s. 55]
128 DIVISION FOURTEEN PENAL PROVISIONS-128. PART II to be binding on Yang di-Pertuan Agong and the Government.
PART II of this Act shall be binding on the Yang di-Pertuan Agong and on the Government. [s. 56]
129 DIVISION FIFTEEN REPEAL-129. Repeal.
The Ordinances and Enactments set out in the First Schedule are hereby repealed to the extent specified in the third column of such Schedule. [s. 57]
130 PART III-130. Extent.
PART III of this Act [Interpretation (States of West Malaysia) Act 1967] is enacted in pursuance of Article 76(1) (b) of the Federal Constitution for the purpose of promoting uniformity of the laws of the States of West Malaysia, shall extend only to such of those States which adopt this PART in pursuance of Article 76(3) of the Federal Constitution. [s. 2]
131 PART III-131. PART I of this Act to have effect in adopting States.
(1) Where one of the States of West Malaysia adopts PART III of this Act in pursuance of Article 76(3) of the Federal Constitution PART I of this Act with the modifications and additions contained in the Second Schedule, shall apply for the interpretation of and otherwise in relation to Enactments of the adopting State enacted after the date of adoption as it applies for the interpretation of and otherwise in relation to Acts of Parliament enacted after the commencement of that Act.
[ Am. PU(A) 102/99 ]
(2) Where by virtue of subsection (1), PART I of this Act applies for the interpretation of and otherwise in relation to an Enactment, that PART shall apply for the interpretation of and otherwise in relation to subsidiary legislation made under that Enactment. [s. 3]
132 PART III-132. Repeal and saving.
(1) PART II of this Act [Interpretation and General Clauses Ordinance 1948] is repealed with effect from 30th September 1967 in so far as it is a State law of a State to which PART III of this Act extends.
(2) Notwithstanding subsection (1), PART II of this Act thereby repealed shall continue to apply to and State law to which it applied immediately before the date of repeal and to any subsidiary legislation made under any such law (including subsidiary legislation made on or after the date of repeal). [s. 4]
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