Delegation of Powers Act 1956

Short title and application

This Act may be cited as the Delegation of Powers Act 1956, and shall have effect throughout Malaysia.

Power of Yang di-Pertuan Agong to delegate powers and duties

Where by any written law the Yang di-Pertuan Agong is empowered to exercise any powers or perform any duties, he may, subject to section 11, by notification in the Gazette, delegate subject to such conditions and restrictions as may be prescribed in such notification the exercise of such powers or the performance of such duties to any person described by name or office.

(Omitted).

Where by any written law a Minister is empowered to exercise any powers or perform any duties, he may, subject to section 11, by notification in the Gazette delegate subject to such conditions and restrictions as may be prescribed in such notification the exercise of such powers or the performance of such duties to any person described by name or office.

Minister of a State may, subject to any directions given by him be validly and effectually done or given on his behalf and in his name by any officer under his administrative control and expressly or impliedly authorized by him generally or specially thereto or in the case of a

Minister be done or given on his behalf and in his name by a Deputy

Minister.

Delegation of Powers 7

Where any act, order or direction has been done or given by any officer in good faith and purporting to act in the name and on behalf of a Minister or the Chief Minister of a State but without being authorized thereto and such act, order or direction could have lawfully been done or given by such officer by virtue of section 6 if he had been so authorized, the Minister or Chief Minister, as the case may be, may ratify the doing or giving of such act, order or direction and thereupon the same shall have effect as if at the date on which such act, order or direction was so done or given such officer had been duly authorized thereto:

Provided that such ratification shall not have effect to expose any person to any claim for damages or to any penalty, forfeiture or punishment to which he would not have been otherwise exposed in respect of any matter which occurred before the date on which such ratification was brought to his notice or on which written notice of such ratification was first published in the Gazette, whichever was the earlier.

Power of Ruler and Ruler in Council or Yang di-Pertua Negeri in

Where by any written law the Ruler or Ruler in Council or Yang di-Pertua Negeri in Council of any State is empowered to exercise any powers or perform any duties, he may, subject to section 11, by notification in the Gazette delegate subject to such conditions and

8 Laws of Malaysia ACT 358

restrictions as may be prescribed in such notification the exercise of such powers or the performance of such duties to any person described by name or office.

Where by any written law the Chief Minister of any State is empowered to exercise any powers or perform any duties, he may subject to section 11, with the approval of the Ruler or Yang di-Pertua

Negeri of such State by notification in the Gazette, delegate subject to such conditions and restrictions as may be prescribed in such notification the exercise of such powers or the performance of such duties to any person described by name or office.

(Omitted).

Nothing in this Part shall apply to any power to make regulations conferred upon any person by any written law.

No delegation under this Act of any power or duty shall affect the exercise of such power or the performance of such duty by the

Yang di-Pertuan Agong, the Ruler, the Ruler in Council, the Yang di-Pertua Negeri, the Yang di-Pertua Negeri in Council, a Minister or

Chief Minister, as the case may be.

Delegation of Powers 9

Signification of discretionary acts of the Yang di-Pertuan Agong

Where by any written law power is given to the Yang di-Pertuan

Agong to act in his discretion, then it shall be sufficient, unless it is otherwise expressed, for such act to be signified under the hand of the

Private Secretary to His Majesty, the Keeper of the Rulers’ Seal or of such other person as may by notification in the Gazette be designated in that behalf either generally or specially by the Yang di-Pertuan

Agong.

Signification of orders, etc., of, and signing of documents by, the

Where by any written law other than the written law referred to in section 13 power is given to the Yang di-Pertuan Agong to make any regulation or order or give any direction, approval, permission or consent, or where any document is required to be under the hand of, or signed or countersigned by, the Yang di-Pertuan Agong, it shall be sufficient, unless it is otherwise expressed, for such regulation, order, direction, approval, permission, consent or document to be signified under the hand of, or signed or countersigned by, a Minister or the

Secretary to the Cabinet or such other officer as may by notification in the Gazette be designated in that behalf, either generally or specially, by the Yang di-Pertuan Agong.

Signification of orders, etc., of, Ruler in Council or Yang di-Pertua

Where by any written law power is given to the Ruler in Council or Yang di-Pertua Negeri in Council of any State to make any regulation or order or give any direction, approval, permission or consent it shall be sufficient, unless it is otherwise expressed, for such

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regulation, direction, approval, permission or consent to be signified under the hand of the Clerk of the State Executive Council or such other person as may by notification in the Gazette be designated in that behalf either generally or specially by the Ruler in Council or Yang di-Pertua Negeri in Council of such State.

Signification of orders, etc., of, and signing of documents by, a

Where by any written law any power is given to the Ruler or

Yang di-Pertua Negeri of any State to make any regulation or order or give any direction, approval, permission or consent or where any document is required by any such law to be under the hand of, or signed or countersigned by, the Ruler or Yang di-Pertua Negeri of any State, it shall be sufficient, unless it is otherwise expressed, for such regulation, order, direction, approval, permission, consent or document to be signified under the hand of, or signed or countersigned by, the

Chief Minister of such State.

Signification of orders, etc., of, and signing of documents by, a

Minister or Chief Minister it shall be sufficient, unless it is otherwise expressed, for such regulation, order, direction, approval, permission, consent or document to be signified under the hand of, or signed or countersigned by, any officer under the administrative control or direction of such Minister or Chief Minister as the case may be and expressly or impliedly authorized by him by name or office in that behalf or in the case of a Minister under the hand of or signed or countersigned by a Deputy Minister.

Nothing in this Act shall authorize the issue of any proclamation or warrant except under the hand of the Yang di-Pertuan Agong or of the Ruler or Yang di-Pertua Negeri of any State himself.

Existing delegations

Secretary under this Act, including any delegation made by the High

Commissioner or Chief Secretary and continued in force by this Act, shall have effect as if the same had been made on 31 August 1957 to the person described therein by name or office:

Provided that any delegation so made to the Chief Secretary shall have effect as if the same had been made by the Yang di-Pertuan

Agong to the Minister charged with responsibility for the matters to which the delegated power relates.

Repeal and validations

(1)

The Delegation of Powers Ordinance 1952 [Ord. 75 of 1952], is repealed:

Provided that any delegation made or continued in force under the

Delegation of Powers Ordinance 1952, shall be deemed to have been made under this Act and shall continue in force until revoked or superseded by notification under this Act.

[Section 18]

(1)

(2)

Chief Secretary

Deputy Chief Secretary

Minister

Secretary to Minister

Menteri Besar

Deputy Menteri Besar

State Secretary

Resident Commissioner

Settlement Secretary

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Act 358

LIST OF AMENDMENTS

Amending law

Short title

In force from

L.N. (N.S.) 1/1957

Federal

Constitution

(Modification of Laws)

Order 1957

31-08-1957

L.N. (N.S.) 56/1957

Corrigendum to

L.N.

(N.S.) 1/1957

31-10-1957

Act 5/1960

Assistant Ministers Act 1960

13-10-1959

Constitution

(Amendment) (No. 2)

Act 1971 24-03-1971

Constitution

(Amendment) Act 1976

27-08-1976

Act 237

Members of Parliament

(Remuneration)

Act 1980

01-07-1980

P.U. (A) 253/1989

Revision of

Laws

(Delegation of Powers)

Order 1989 01-12-1988

15

Act 358

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

Effective date

P.U. (A) 253/1989

01-12-1988 2

Act 5/1960

Act 237 13-10-1959 24-03-1971 01-07-1980

6

24-03-1971 8

27-08-1976 9

27-08-1976 12

Act A354 27-08-1976 15

Act A354 27-08-1976 16

Act A354 27-08-1976 17

Act A31 24-03-1971 18

Act A354 27-08-1976 19

27-08-1976

Throughout the Act

L.N (N.S.) 1/1957

L.N (N.S.) 56/1957 31-08-1957 31-10-1957

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