Government Contracts Act 1949

This Act may be cited as the Government Contracts Act 1949.

All contracts made in Malaysia on behalf of the Government shall, if reduced to writing, be made in the name of the Government of Malaysia and may be signed by a Minister or by any public officer duly authorized in writing by a Minister, either specially in any particular case, or generally for all contracts below a certain value in his department or otherwise as may be specified in the authorization.

Minister, either specially in any particular case, or generally for all contracts below a certain value in his department or otherwise as may be specified in the authorization.

(Deleted by L.N. 284/1958).

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All contracts made outside Malaysia on behalf of the Government or any State Government by a person either generally or specially authorized in writing in that behalf by the Yang di-Pertuan Agong shall, so far as they come within the jurisdiction of the courts of

Malaysia, be deemed to be contracts made on behalf of that Government.

No contracts made after the commencement of this Act except those made in the manner herein before provided shall be deemed to be made by the authority of the Government or of a State Government, as the case may be.

Validation of contracts entered into before commencement of

All contracts entered into in good faith on or after the first day of February 1948, and before the commencement of this Act, and purporting to be made on behalf of the Government of the Federation of Malaya or the Government of any State or Settlement thereof, as the case may be—

No public officer shall be liable to be sued personally upon any contract which he makes in that capacity; but a public officer shall be personally liable when he expressly pledges his personal credit, or where he contracts otherwise than as the agent of the Government or of a State Government.

Government Contracts 7

Any authorization made under section 2 or 3 shall be in the appropriate form set out in the Schedule.

[Section 9]

AUTHORIZATION UNDER SECTIONS 2 AND 3

A

I *Minister/Chief Minister ................................................................... † hereby authorize ...........................................................................................................

to sign the contract between *the Government of Malaysia/the Government of the State of .................................................... and ..............................................

for .....................................................................................................................

............................................................................................................................

(Here briefly describe the particular contract)

Signed ...................................................................

*Minister/Chief Minister/Minister, State of ...............

*

Omit whichever is inappropriate.

†

Here insert the title of the office of the Minister of the Government.

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B

I *Minister/Chief Minister .................................................................. † hereby authorize ............................................................................................ to sign on behalf of *the Government of Malaysia/the Government of the State of

..................................................................................................... any contracts

(in his department) below a value of RM ............................................................

Signed...................................................................

*Minister/Chief Minister/Minister, State of ..................

*

Omit whichever is inappropriate.

†

Here insert the title of the office of the Minister of the Government.

Government Contracts 9

Act 120

LIST OF AMENDMENTS

Amending law

Short title

In force from

Ord. 40/1953

Government Contracts (Amendment)

20-08-1953

Ordinance 1953

L.N. 284/1958

Federal Constitution (Modification 22-09-1958

of Laws) (Government Contracts

Ordinance) Order 1958

L.N. 108/1964

Modification of Laws (Government 16-09-1963

Contracts) (Extension) Order 1964

L.N. 456/1964

Modification of Laws (Government 16-09-1963

Contracts) (Extension) (Amendment)

Order 1964

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Act 120

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Ord 40/1953 20-08-1953

Ord 40/1953 20-08-1953

KUALA LUMPUR