Section 1
This Act may be cited as the Election Commission Act 1957.
/akn/my/act/act/1957/31
ELECTION COMMISSION ACT 1957
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- Act
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- In force
- Enacted
- 1957
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About this act
ELECTION COMMISSION ACT 1957 is Malaysia Act, cited as Act 31 1957, currently marked in force and first recorded in 1957.
Opening note
Preamble
- An Act to make provision for the remuneration, privileges and protection of members of the Election Commission, for the punishment of offences in connection with the Election Commission, and for other matters connected with it. [Peninsular Malaysia, *Federal Territory of Putrajaya—31 August 1957, Ord. No. 76/1957; Sabah, **Federal Territory of Labuan —20 May 1965, L.N. 202/1965; Sarawak—25 April 1966, P.U. 273/1966] Short title
Section 2
Remuneration
(2)
The salary or fixed allowance of each member of the
Election Commission shall—
(b)
accrue from day to day; and
*NOTE—see section 6 of Act A1095.
**NOTE—see section 6 of Act A585.
Act 31
(c)
be payable monthly on the last day of each month or on such other day as the Treasury may from time to time determine.
Provision against double salary
Section 3
A person to whom salary is payable under this Act or for whose salary as the holder of any other office provision is made by any other written law shall be entitled to receive only one such salary, but if he is the holder of two or more offices in respect of which salary is so payable and there is a difference in the salaries payable in respect of those offices, the office in respect of which salary is payable to him shall be that in respect of which the highest salary is payable.
Section 4
Charge of salary
The sum required for the remuneration payable under this Act shall be charged on the Consolidated Fund.
Section 5
Certain communications to be privileged
No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication written or oral which has taken place between the Election Commission or any member of the Commission and the Government or any
Minister or public officer or any communication between members of the Election Commission in exercise of or in connection with the exercise of the functions of the Commission unless the Yang di-Pertuan Agong shall in writing consent to such production or disclosure.
Section 6
Protection of members
Every member of the Election Commission shall have the like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done by him when acting in the execution of his office as is by law given to a
Magistrate acting in the execution of his office.
Election Commission 7
Section 7
Members, officers and servants of Commission deemed public servants
Every member, officer and servant of the Election Commission shall be deemed to be a public servant within the meaning of the
Penal Code [Act 574].
Section 8
Giving false information to Commission
Election Commission of any of its functions, wilfully gives to the
Commission or to any member thereof or to any person or body of persons appointed by the Commission to assist in the exercise of its functions any information which is false or misleading in any material particular shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Section 9
Unauthorized publication and disclosure of information
(2)
If any person having possession of any information which to his knowledge has been disclosed in contravention of this section publishes or communicates the information to any person otherwise than for the purpose of a prosecution under this Act, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Act 31
Influencing or attempting to influence Commission
Section 10
Any person who, otherwise than in the course of his duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Election Commission or any member thereof shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both:
Provided that nothing in this section shall prohibit any person from supplying any information or assistance upon formal request made by the Commission.
Section 11
Consent of Public Prosecutor to prosecutions
A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.
Section 12
Schedule may be amended by regulations
The Yang di-Pertuan Agong may by regulations amend the
Schedule.
Schedule
[Section 2]
1. Salary:
Chairman
RM18,891.29 per month
Deputy Chairman
RM16,868.35 per month
Election Commission 9
Fixed Allowance:
Members
RM14,587.54 per month
Acting Allowance:
(a)
In the event of the Deputy Chairman or any member performing the functions of the Chairman or Deputy Chairman during a period exceeding twenty-eight days, he shall be entitled to an acting allowance, equivalent to the difference between his salary or fixed allowance, as the case may be, and the salary of the position he is acting in.
(b)
The Deputy Chairman or any member who has been asked to perform the functions of the Chairman for the second or subsequent time shall be entitled to an acting allowance, if he performs the functions for a period exceeding fourteen days, including public holidays.
2. Subsistence Allowances (Domestic):
(a)
on outstation duty for a period of twenty-four hours and above:
Chairman equivalent to a member of the public service in Premier/Special Grade “A” and above on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B” on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
Members equivalent to a member of the public service in Premier/Special Grade “C” on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
(b)
on outstation duty for a period exceeding eight hours but less than twenty-four hours the rates shall be half the rates in subparagraph (a).
Act 31
3. Hotel Accommodation Expenses and Lodging (Domestic):
Chairman equivalent to a member of the public service in Premier/Special Grade “A” and above on such terms and conditions as stipulated in
Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
Deputy Chairman equivalent to a member of the public service in
Premier/Special Grade “B” on such terms and conditions as stipulated in Treasury Circular
No. 3 of 2003 or as may be determined by the Treasury from time to time.
Members equivalent to a member of the public service in
Premier/Special Grade “C” on such terms and conditions as stipulated in Treasury Circular
No. 3 of 2003 or as may be determined by the Treasury from time to time.
4. Allowance for Travelling Using Own Vehicle:
(travelling from house to office and vice versa excepted)
A member of the Commission using his own vehicle to carry out his official duty outside the headquarters is entitled to claim travelling allowance on such terms and conditions as stipulated in *Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time.
5. Medical Facilities:
Free outpatient treatment for the Chairman, Deputy Chairman and members, their spouses and children but in case of hospitalization daily ward charges are payable according to rates chargeable for Division I officers except where hospitalization is as a result of injuries sustained in the course of duty. Where the Chairman, Deputy Chairman or member is a pensioner he may opt for the medical facilities available to pensioners.
“Child” means any dependant child below 21 years of age of the Chairman,
Deputy Chairman or member, or any dependant child pursuing a first degree in an institution of higher learning and includes a child who is mentally retarded or physically handicapped in which case the age limit shall not apply. It shall also include a stepchild or a child adopted under any recognized law or custom.
*NOTE—Treasury Circular No. 3 of 2003 has replaced Treasury Circular No. 2 of 1992.
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6. Leave:
(a)
Thirty days vacation leave in respect of each completed year of service with the Commission shall be granted;
(b)
a member may carry forward the vacation leave which he is unable to finish on that particular year to the next succeeding year of his term of office; and
(c)
a member may apply for special leave to perform the Haj on condition that he has not used this privilege while in the public service and subject to other terms and conditions as may be determined by the
Government from time to time.
7. Monthly Housing Allowance:
Furnished Class “B” or “C” quarters shall be provided free of charge or if not living in quarters, housing allowance at the following rates shall be payable:
Chairman
RM2,500
Deputy Chairman
RM1,600
Members
RM1,300
8. Gratuity:
A gratuity at the rate of 17½%–12% Employees Provident Fund (EPF)
contribution x number of completed months of service x the last month’s basic salary after deducting the employer’s contribution to the EPF shall be paid—
(a)
on the expiry of the term of appointment of the member but where a member is appointed for more than one term he may opt either to be paid at the end of each term or until he has completed all the terms (in either case he is entitled to exemption from income tax only once); or
(b)
to such of his dependants as may be determined by the Yang di-Pertuan
Agong or if there are no dependants, to his personal representative, if he dies while holding office.
9. Advance to Purchase Motor Vehicles:
(payable within the term of office of the member during which the advance is given on such terms and conditions as stipulated in the Treasury
Circular or Circular Letter for Advance to Purchase Motor Vehicles for members of the public services or as may be determined by the Treasury from time to time).
Chairman and Deputy Chairman
RM70,000
Members
RM65,000
Act 31
10. Driver’s Allowance:
Chairman and
Deputy Chairman provided with a driver or if the driver employed is not from the public service, the salary is based on Grade R3 of the Malaysian
Remuneration System.
Members equivalent to a member of the public service in
Premier/Special Grade “C” on such terms and conditions as stipulated in Treasury Circular
No. 3 of 2003 or as may be determined by the Treasury from time to time.
11. Air Travel:
(“domestic” means flights within and to and from Brunei, Kalimantan,
Malaysia, Singapore and Thailand (from Phuket southwards)).
Chairman, Deputy
First Class (non-domestic and domestic)
Chairman and members
12. Monthly Entertainment Allowance:
Chairman
RM5,000
Deputy Chairman
RM3,050
Members
RM2,500
13. Official Car:
The Chairman and Deputy Chairman shall be provided with an official car as may be determined by the Treasury from time to time.
14. Travelling Eligibility when Reporting for Duty:
A member of the Commission is entitled to—
(a)
claim air fare based on his eligibility when travelling to report for duty;
(b)
air fare for the spouse and any child under the age of 21 years old; and
(c)
transfer allowance to his home state when his term of office expires.
Election Commission 13
15. Substitution Allowance:
A member of the Commission is entitled to substitution allowance when using his own car for carrying out official functions outside headquarters subject to terms and conditions as may be determined by the Treasury from time to time.
16. Advance:
When carrying out official functions outside headquarters, a member of the Commission is entitled to an advance subject to the terms and conditions as may be determined by the Treasury from time to time.
17. Miscellaneous Expenses:
When travelling to carry out official functions, the following miscellaneous expenses incurred shall be reimbursed:
(a)
telephone, telegram or postal charges incurred in respect of the official functions;
(b)
laundry expenses (to be supported by receipts) incurred during hotel stay of more than three days; and
(c)
parking, toll and ferry charges (to be supported by receipts).
18. House Upkeep Allowance:
Chairman
RM3,000 per year
Deputy Chairman and Members
RM2,000 per year
19. Servants’ Allowance:
Chairman
RM1,000 per month
Deputy Chairman and Members
RM500 per month
20. Water and Electricity Charges:
The Chairman shall be entitled to free water and electricity.
Act 31
21. Official Duty Outside Malaysia:
(a)
Subsistence Allowances
Chairman equivalent to a member of the public service in
Premier/Special Grade “A” and above on such terms and conditions as stipulated in Treasury
Circular No. 3 of 2003 and Treasury Circular
No. 6 of 2001 or as may be determined by the
Treasury from time to time.
Deputy
Chairman equivalent to a member of the public service in
Premier/Special Grade “B” on such terms and conditions as stipulated in Treasury Circular No.
3 of 2003 and Treasury Circular No. 6 of 2001
or as may be determined by the Treasury from time to time.
Members equivalent to a member of the public service in
Premier/Special Grade “C” on such terms and conditions as stipulated in Treasury Circular No.
3 of 2003 and Treasury Circular No. 6 of 2001
or as may be determined by the Treasury from time to time.
(b)
Hotel Accommodation Expenses and Lodging
Chairman equivalent to a member of the public service in
Premier/Special Grade “A” and above on such terms and conditions as stipulated in Treasury
Circular No. 3 of 2003 and Treasury Circular
No. 6 of 2001 or as may be determined by the
Treasury from time to time.
Deputy
Chairman equivalent to a member of the public service in
Premier/Special Grade “B” on such terms and conditions as stipulated in Treasury Circular No.
3 of 2003 and Treasury Circular No. 6 of 2001
or as may be determined by the Treasury from time to time.
Members equivalent to a member of the public service in
Premier/Special Grade “C” on such terms and conditions as stipulated in Treasury Circular No.
3 of 2003 and Treasury Circular No. 6 of 2001
or as may be determined by the Treasury from time to time.
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(c)
Miscellaneous Expenses
When carrying out official duty outside Malaysia, a member of the
Commission is entitled to claim miscellaneous expenses on such terms and conditions as stipulated in *Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time.
(d)
Warm Clothing Allowance
When required to carry out official duty in countries of temperate climate, a member of the Commission is eligible to claim Warm
Clothing Allowance on such terms and conditions as stipulated in
*Treasury Circular No. 3 of 2003 or as may be determined by the
Treasury from time to time.
22. Ex Gratia Scheme for Work Disaster:
A member of the Commission involved in an accident or injured while on official duty is entitled to receive benefit on such terms and conditions as stipulated in Treasury Circular No. 7 of 2001 or as may be determined by the Treasury from time to time.
23. Sick Leave:
A member of a Commission is entitled to sick leave subject to the terms and conditions stipulated in Part III Chapter C General Orders 1974 and the Services Circular No. 2 of 2006 or any amendments thereto.
*NOTE—Treasury Circular No. 3 of 2003 has replaced Treasury Circular No. 2 of 1992.
Act 31
Act 31
LIST OF AMENDMENTS
Amending law
Short title
In force from
L.N. 202/1965
Modification of Laws
(Election Commission)
(Extension to Sabah) Order 1965 20-05-1965
L.N. 246/1965
Corrigendum to L.N.
202/1965 20-05-1965
P.U. 273/1966
Modification of Laws
(Election Commission)
(Extension to Sarawak)
Order 1966 25-04-1966
Election Commission
(Amendment) Act 1972 01-01-1972
Act A165
Election Commission
(Amendment) Act 1973 01-01-1972
Act A214
Election Commission
(Amendment) (No. 2)
Act 1973 31-08-1973
Election Commission
(Amendment) Act 1979 01-07-1977
P.U. (A) 97/1981
Election Commission
(Amendment of Second
Schedule) Regulations 1981 01-07-1980
Act A510
Election Commission
(Amendment) Act 1981 01-07-1980
Election Commission 17
Amending law
Short title
In force from
Act A524
Election Commission
(Amendment) Act 1981 15-05-1981
P.U. (A) 314/1981
Election Commission
(Amendment of Schedule)
Regulations 1981 15-05-1981
P.U. (A) 427/1989
Election Commission
(Amendment of Schedule)
Regulations 1989 01-10-1988
P.U. (A) 365/1991
Election Commission
(Amendment of Schedule)
Regulations 1991
Para. 2(a):
01-01-1991;
Para. 2(b) & (c):
01-03-1991
P.U. (A) 79/1992
Election Commission
(Amendment of Schedule)
Regulations 1992
Subregulation 2(1):
01-01-1989;
Subregulation 3(1):
01-01-1992
P.U. (A) 331/1996
Election Commission
(Amendment of Schedule)
Regulations 1996 01-01-1994
P.U. (A) 599/1996
Election Commission
(Amendment of Schedule)
(No. 2) Regulations 1996 01-01-1995
P.U. (A) 231/1998
Election Commission
(Amendment of Schedule)
Regulations 1998 19-06-1998
P.U. (A) 222/2000
Election Commission
(Amendment of Schedule)
Regulations 2000 01-08-1999
P.U. (A) 408/2000
Election Commission
(Amendment of Schedule)
(No. 2) Regulations 2000 01-01-2000
Act 31
Amending law
Short title
In force from
P.U. (A) 243/2001
Election Commission
(Amendment of Schedule)
Regulations 2001 01-03-2001
P.U. (A) 163/2002
Election Commission
(Amendment of Schedule)
Regulations 2002 01-01-2002
P.U. (A) 32/2003
Election Commission
(Amendment of Schedule)
Regulations 2003 02-10-2002
P.U. (A) 229/2004
Election Commission
(Amendment of Schedule)
Regulations 2001
– Corrigendum 01-03-2001
P.U. (A) 19/2005
Election Commission
(Amendment of Schedule)
Regulations 2005 01-11-2002
P.U. (A) 24/2005
Election Commission
(Amendment of Schedule)
(No. 2) Regulations 2005 01-10-2003
P.U. (A) 416/2007
P.U. (A) 118/2010
Election Commission
(Amendment of Schedule)
Regulations 2007
Election Commission
(Amendment of Schedule)
Regulations 2010 01-07-2007 10-03-2010
P.U. (A) 270/2012
Election Commission
(Amendment of Schedule)
Regulations 2012 01-08-2012
P.U. (A) 348/2012
Election Commission
(Amendment of Schedule)
(No. 2) Regulations 2012 01-08-2012
P.U. (A) 152/2014
Election Commission
(Amendment of Schedule)
Regulations 2014 01-01-2013
Election Commission 19
Amending law
Short title
In force from
P.U. (A) 196/2014
Election Commission
(Amendment of Schedule)
(No. 2) Regulations 2014 01-06-2014
Act 31
Act 31
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from 2
Act A524 01-01-1972 01-07-1977 15-05-1981 12
Act A524 01-07-1977 15-05-1981
Schedule
Act A165
Act A214
Act A510
P.U. (A) 97/1981
Act A524
P.U. (A) 314/1981
P.U. (A) 427/1989
P.U. (A) 365/1991
P.U. (A) 79/1992
P.U. (A) 331/1996
P.U. (A) 599/1996
P.U. (A) 231/1998
P.U. (A) 222/2000
P.U. (A) 408/2000
P.U. (A) 243/2001
P.U. (A) 163/2002
P.U. (A) 32/2003
P.U. (A) 19/2005
P.U. (A) 24/2005
P.U. (A) 416/2007 01-01-1972 01-01-1972 31-08-1973 01-07-1977 01-07-1980 01-07-1980 15-05-1981 15-05-1981 01-10-1988 01-01-1991;
01-03-1991 01-01-1989;
01-01-1992 01-01-1994 01-01-1995 19-06-1998 01-08-1999 01-01-2000 01-03-2001 01-01-2002 02-10-2002 01-11-2002 01-10-2003 01-07-2007
Election Commission 21
Section
Amending authority
In force from
P.U. (A) 118/2010
P.U. (A) 270/2012
P.U. (A) 348/2012
P.U. (A) 152/2014
P.U. (A) 196/2014 10-03-2010 01-08-2012 01-08-2012 01-01-2013 01-06-2014
KUALA LUMPUR
JW007624 02-11-2016
Common questions
- What is ELECTION COMMISSION ACT 1957?
- ELECTION COMMISSION ACT 1957 is Malaysia Act, cited as Act 31 1957, currently marked in force and first recorded in 1957.
- Is ELECTION COMMISSION ACT 1957 still in force?
- Yes — ELECTION COMMISSION ACT 1957 is currently in force.
- When did ELECTION COMMISSION ACT 1957 take effect?
- ELECTION COMMISSION ACT 1957 was first recorded in 1957.
- How many sections does ELECTION COMMISSION ACT 1957 have?
- ELECTION COMMISSION ACT 1957 contains 12 sections.
- Where can I read the official version of ELECTION COMMISSION ACT 1957?
- The official text of ELECTION COMMISSION ACT 1957 is published at lom.agc.gov.my.