Section 5

different persons or activities; or

different classes, categories or descriptions of persons or activities;

“prescribed” means prescribed by the Minister in regulations made under this Act;

“entity” means a company, partnership or any group of persons, whether corporate or unincorporate;

“State Government entity” means—

any company incorporated under the Companies Act 2016

[Act 777] where—

in the case of a company limited by shares, the

Menteri Besar or Chief Minister incorporated under any State law or any State statutory body is a shareholder having more than fifty per cent of the shares of the company; or

any body corporate incorporated under the Trustees

(Incorporation) Act 1952 [Act 258] by the State Government;

“Federal Government entity” means—

any company incorporated under the Companies Act 2016

where—

in the case of a company limited by shares, the Minister of Finance incorporated under the Minister of Finance (Incorporation)

Act 1957 [Act 375] or any Federal statutory body is a shareholder having more than fifty per cent of the shares of the company; or

Government Procurement 13

any body corporate incorporated under the Trustees

(Incorporation) Act 1952 by the Federal Government;

“procuring entity” means the Federal Government or any State

Government, and includes—

any Ministry or Federal statutory body, the local authorities of the Federal Territories of Kuala Lumpur, Labuan and

Putrajaya or any Federal Government entity;

any ministry or department or statutory body of a State, any local authority in a State or any State Government entity;

any implementing agency; and

any other entity, that administers, conducts or implements a Government procurement under this Act;

“Ministry” means a Federal Ministry, including any department or agency under that Ministry and any department or agency of that Ministry in any State or district in Malaysia;

“Ministry of Finance” means the Federal Ministry under the responsibility of the Minister charged with the responsibility for finance;

“Chief Minister” and “Menteri Besar” have the meaning assigned to them in the Financial Procedure Act 1957 [Act 61];

“contractor” means a contractor registered under the Lembaga

Pembangunan Industri Pembinaan Malaysia Act 1994 [Act 520];

“co-operative society” means a co-operative society registered under the Co-operative Societies Act 1993 [Act 502];

“contingencies fund” means the Contingencies Fund created under

Article 103 of the Federal Constitution or the Contingencies Reserve under section 6 of the Development Funds Act 1966 [Act 406];

Act 882

“Minister” means the Minister charged with the responsibility for finance;

“registered person” means a person registered under section 18, and includes—

every person named in a registration;

in the case of a company, the directors, shareholders and senior management of the company;

in the case of a partnership, all the partners in the partnership; and

in the case of a co-operative society, any person holding key responsibility in the management of the co-operative society;

“authorized officer” means any public officer authorized in writing under subsection 45(1);

“controlling officer” means—

a person appointed under subsection 15a(1) of the Financial Procedure Act 1957; or

a person appointed under subsection 9(1), to exercise the duties and powers of a controlling officer under this Act;

“procurement officer” means any public officer or person designated or appointed under subsection 8(1) as a procurement officer under this Act;

“circulars” means any circulars issued under section 91;

“partner” and “partnership” have the meaning assigned to them in the Partnership Act 1961 [Act 135], the Labuan Limited Partnerships and Limited Liability Partnerships Act 2010 [Act 707] and the

Limited Liability Partnerships Act 2012 [Act 743];

Government Procurement 15

“supplier” means any person who provides or supplies, or could provide or supply goods or services, and includes a person who develops or manufactures goods or services, or a combination thereof;

“beneficial owner” has the meaning provided in section 44b of the Trustee Act 1949 [Act 208], section 109a of the Labuan

Companies Act 1990 [Act 441], subsection 2(1) of the Labuan Trusts

Act 1996 [Act 554], section 24a of the Labuan Foundations Act 2010

[Act 706], section 69a of the Labuan Limited Partnerships and

Limited Liability Partnerships Act 2010, section 20a of the

Limited Liability Partnerships Act 2012 or subsection 2(1) of the

Companies Act 2016, as the case may be;

“Registrar” means a person appointed to be the Registrar of

Government Procurement under subsection 14(1);

“director” has the meaning assigned to it in subsection 2(1)

of the Labuan Companies Act 1990 or subsection 2(1) of the

Companies Act 2016, as the case may be;

“allocation of funds” means—

in the case of the Federal Government—

any fund appropriated in accordance with the

Supply Act by Parliament, including any contingencies fund;

any revenue or returns derived from any investments of any fund under subparagraphs (a)(i) to (a)(iv); or

Act 882

in the case of a State Government—

any fund appropriated in accordance with the

Supply Enactment by a Legislative Assembly;

any revenue or returns derived from any investment of any fund under subparagraphs (b)(i) to (b)(iv);

“Treasury” means the Minister for the time being charged with the responsibility for finance and includes any public officer under the administrative control or direction of that Minister to whom that

Minister has delegated or who, in accordance with section 6 or 7 of the Delegation of Powers Act 1956 [Act 358], is authorized to exercise the functions under this Act;

“limited liability partnership” has the meaning assigned to it in the Limited Liability Partnerships Act 2012;

“Labuan limited liability partnership” and “Labuan limited partnership” have the meaning assigned to them in the Labuan

Limited Partnerships and Limited Liability Partnerships Act 2010;

“Government procurement” means any procurement for the supply of goods or services or for works funded by the allocation of funds by the Federal Government or any State Government, as the case may be, whether fully or partially, or through the use of any assets owned by the Federal Government or any State

Government, as the case may be;

Government Procurement 17

“local authority” means—

any local authority or authority established or deemed to have been established under the Local Government Act 1976 [Act 171], or the Local Authorities Ordinance 1996

[Sarawak Cap. 20] or the Municipality constituted under the

Kuching Municipal Ordinance [Sarawak Cap. 116], or the

Local Government Ordinance 1961 [Sabah Ord. 11 of 1961];

in relation to the Federal Territory of Kuala Lumpur, the

Commissioner of the City of Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960 [Act 190];

in relation to the Federal Territory of Labuan, Perbadanan

Labuan as established under section 3 of the Perbadanan

Labuan Act 2001 [Act 609]; and

in relation to the Federal Territory of Putrajaya, Perbadanan

Putrajaya as established under section 3 of the Perbadanan

Putrajaya Act 1995 [Act 536], and includes any person or body of persons appointed or authorized under any written law to exercise and perform the powers and functions which are conferred and imposed on a local authority under any written law;

“certificate of registration” means a certificate of registration issued by the Registrar under subsection 18(4);

“company” has the meaning assigned to it in subsection 2(1) of the Companies Act 2016 or, in the case of a Labuan company, has the meaning assigned to it in the Labuan Companies Act 1990;

“Appeal Tribunal” means the Government Procurement Appeal

Tribunal established under section 63.

Any reference to “State financial authority” in this Act shall be construed as a reference to “State financial authority” within the meaning of section 3 of the Financial Procedure Act 1957.

Act 882