9. Administration of Government procurement by procuring entity other than a Ministry or ministry or department of a State

Terms defined in s 5

• controlling officer

  controlling officer

  Defined · s 5

  “controlling officer” means— (a) a person appointed under subsection 15a(1) of the Financial Procedure Act 1957; or (b) a person appointed under subsection 9(1), to exercise the duties and powers of a controlling officer under this Act;

  Open s 5
• Federal Government entity

  Federal Government entity

  Defined · s 5

  “Federal Government entity” means— (a) any company incorporated under the Companies Act 2016 where— (i) in the case of a company limited by shares, the Minister of Finance incorporated under the Minister of Finance (Incorporation) Act 1957 or any Federal statutory body is a shareholder having more than fifty per cent of the shares of the company; or (ii) in the case of a company limited by guarantee, the Minister of Finance incorporated under the Minister of Finance (Incorporation) Act 1957, a representative of any Ministry or Federal statutory body is a member of the company; or (b) any body corporate incorporated under the Trustees (Incorporation) Act 1952 by the Federal Government;

  Open s 5
• Government procurement

  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;

  Open s 5
• local authority

  local authority

  Defined · s 5

  “local authority” means— (a) any local authority or authority established or deemed to have been established under the Local Government Act 1976, or the Local Authorities Ordinance 1996 or the Municipality constituted under the Kuching Municipal Ordinance, or the Local Government Ordinance 1961 [Sabah Ord. 11 of 1961]; (b) in relation to the Federal Territory of Kuala Lumpur, the Commissioner of the City of Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960; (c) in relation to the Federal Territory of Labuan, Perbadanan Labuan as established under section 3 of the Perbadanan Labuan Act 2001; and (d) in relation to the Federal Territory of Putrajaya, Perbadanan Putrajaya as established under section 3 of the Perbadanan Putrajaya Act 1995, and includes any person or body of persons appointed or authorized under any written law to exercise and perform the powers and functions which are conferred and imposed on a local authority under any written law;

  Open s 5
• Minister

  Minister

  Defined · s 5

  “Minister” means the Minister charged with the responsibility for finance;

  Open s 5
• Ministry

  Ministry

  Defined · s 5

  “Ministry” means a Federal Ministry, including any department or agency under that Ministry and any department or agency of that Ministry in any State or district in Malaysia;

  Open s 5
• procuring entity

  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;

  Open s 5
• State Government entity

  State Government entity

  Defined · s 5

  “State Government entity” means— (a) any company incorporated under the Companies Act 2016 where— (i) in the case of a company limited by shares, the Menteri Besar or Chief Minister incorporated under any State law or any State statutory body is a shareholder having more than fifty per cent of the shares of the company; or (ii) in the case of a company limited by guarantee, the Menteri Besar or Chief Minister incorporated under any State law or any State statutory body is a member of the company; or (b) any body corporate incorporated under the Trustees (Incorporation) Act 1952 by the State Government;

  Open s 5
• statutory body

  statutory body

  Defined · s 5

  “statutory body” means any body corporate that is formed or incorporated pursuant to any written law but does not include a local authority;

  Open s 5