In forceUpdated to 26 May 2026Read it in Bahasa Malaysia

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Government Procurement Act 2026 · Updated to 26 May 2026 · Part VI · Integrity and Reporting

37. Duty to disclose interest

(1)

Any person administering, conducting or implementing a Government procurement having directly or indirectly by himself, a member of his family or his associate any interest in any matter in a Government procurement shall disclose the fact and nature of his interest including any beneficial ownership.

(2)

Any person making an application for a registration or any registered person making an application for a renewal or amendment of a registration under section 18 shall disclose to the Registrar—

(a)

any direct or indirect interest by himself, a member of his family or his associate in relation to any other registered person or person applying for a registration under section 18; and

(b)

the beneficial owner to any person making the application or any registered person, as the case may be.

(3)

The obligation under subsection (2) shall extend to—

(a)

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

(b)

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

(c)

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

(4)

Any registered person participating or intending to participate in a Government procurement under this Act shall disclose to the procuring entity responsible for the Government procurement—

(a)

any beneficial owner of the registered person; and

(b)

any direct or indirect interest by himself, a member of his family or his associate in relation to—

(i)

any other registered person, whether or not the other registered person is participating or intends to participate in that Government procurement;

and

(ii)

any person under the purview of the procuring entity who is involved in the conduct of the

Government procurement.

(5)

Any person who contravenes this section commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(6)

For the purposes of this section—

(a)

“a member of his family”, in relation to a person, member of a procurement board or member of a procurement committee, includes—

(i)

his spouse;

(ii)

his parent, including a parent of his spouse;

(iii)

his child, including an adopted child or stepchild;

(iv)

his brother or sister, including a brother or sister of his spouse; and

(v)

a spouse of his child, brother or sister;

Government Procurement 41

(b)

“associate”, in relation to a person, member of a procurement board or member of a procurement committee, means—

(i)

any person who is a nominee or an employee of such person;

(ii)

a firm of which such person or any nominee of his is a partner;

(iii)

a partner of such person;

(iv)

a trustee of a trust under which such person or a member of his family is a beneficiary;

(v)

any corporation within the meaning of the Labuan

Companies Act 1990 or the Companies Act 2016, as the case may be, of which or in which such person or any nominee of his or a member of his family is a director or has a substantial shareholding; or

(vi)

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

Terms defined in s 5

beneficial owner
Defined · s 5
“beneficial owner” has the meaning provided in section 44b of the Trustee Act 1949, section 109a of the Labuan Companies Act 1990, subsection 2(1) of the Labuan Trusts Act 1996, section 24a of the Labuan Foundations Act 2010, 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;
Open s 5
co-operative society
Defined · s 5
“co-operative society” means a co-operative society registered under the Co-operative Societies Act 1993;
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company
Defined · s 5
“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;
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director
Defined · s 5
“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;
Open s 5
Government procurement
Defined · s 5
“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;
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partner
Defined · s 5
“partner” and “partnership” have the meaning assigned to them in the Partnership Act 1961, the Labuan Limited Partnerships and Limited Liability Partnerships Act 2010 and the Limited Liability Partnerships Act 2012;
Open s 5
partnership
Defined · s 5
“partner” and “partnership” have the meaning assigned to them in the Partnership Act 1961, the Labuan Limited Partnerships and Limited Liability Partnerships Act 2010 and the Limited Liability Partnerships Act 2012;
Open s 5
procuring entity
Defined · s 5
“procuring entity” means the Federal Government or any State Government, and includes— (a) any Ministry or Federal statutory body, the local authorities of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya or any Federal Government entity; (b) any ministry or department or statutory body of a State, any local authority in a State or any State Government entity; (c) any implementing agency; and (d) any other entity, that administers, conducts or implements a Government procurement under this Act;
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registered person
Defined · s 5
“registered person” means a person registered under section 18, and includes— (a) every person named in a registration; (b) in the case of a company, the directors, shareholders and senior management of the company; (c) in the case of a partnership, all the partners in the partnership; and (d) in the case of a co-operative society, any person holding key responsibility in the management of the co-operative society;
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Registrar
Defined · s 5
“Registrar” means a person appointed to be the Registrar of Government Procurement under subsection 14(1);
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this Act
Defined · s 5
“this Act” includes any subsidiary legislation made under this Act;
Open s 5

Report

Read on from s 38

Part VII

Read on from Part VII

Part VIII

Read on from Part VIII

Part IX

Complaints, Objections and Review

Read on from Part IX

Part X

Government Procurement Appeal Tribunal

Read on from Part X

Part XI

Administrative Action and Prosecution

Read on from Part XI

Part XII

General

Read on from Part XII

37. Duty to disclose interest

Terms defined in s 5

Part VII

Part VIII

Complaints, Objections and Review

Government Procurement Appeal Tribunal

Administrative Action and Prosecution

General

Schedules