Malaysia legislation

Section 3

of ELECTIONS ACT 1958

Section 3

The Election Commission may, subject to Clause (1) of Article 115

of the Constitution, appoint—

(a)

a Secretary and such number of Deputy Secretaries,

Principal Assistant Secretaries and Assistant Secretaries to the Election Commission as the Commission may consider necessary;

(b)

a State Elections Director and so many Deputy State

Elections Directors for each State as the Commission may consider necessary;

(c)

a returning officer and so many assistant returning officers for each constituency as the Commission may consider necessary; and

(d)

an enforcement officer and so many assistant enforcement officers as the Commission may consider necessary for each constituency.

General powers and duties of Secretary, Deputy Secretary and Assistant Secretaries 3a. (1) The Secretary shall be the chief administrative officer of the Election Commission, subject at all times and in all matters to the supervision, direction and control of the Commission, and shall—

(a)

implement the decisions of the Commission;

(b)

carry out the day-to-day administration of the offices of the Commission, and exercise supervision, direction and control over all other election officers, and all other officers of the Commission;

Elections 9

(c)

carry out such functions as may be given to him by the

Commissions in or for the exercise of its powers or the performance of its duties in relation to the review or delimitation of constituencies, the registration of electors, the conduct of elections and other matters;

(d)

have power to signify on behalf of the Commission all writs, notices and other documents of the Commission, all subsidiary legislation made by the Commission, and all other acts of the Commission; and

(e)

have such other powers and duties as may be provided under this Act and any other written law.

(2)

Subject to the direction, control and supervision of the

Secretary, the Deputy Secretaries shall have and may exercise all the powers and perform all the functions of the Secretary under this Act and any written law, and in the absence of the Secretary, the most senior Deputy Secretary shall act as the Secretary.

(3)

Subject to the direction, control and supervision of the

Secretary and Deputy Secretaries, the Principal Assistant Secretaries and Assistant Secretaries shall assist the Secretary and Deputy

Secretaries in the exercise of their powers and the performance of their functions.

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