Section 1
(2)
This Act shall apply to the States of Peninsular Malaysia only.
Interpretation
/akn/my/act/act/1951/369
*HOLIDAYS ACT 1951
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- Type
- Act
- Status
- In force
- Enacted
- 1951
- Sections
- 10
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Quick answer
About this act
*HOLIDAYS ACT 1951 is Malaysia Act, cited as Act 369 1951, currently marked in force and first recorded in 1951.
Opening note
Preamble
- An Act to provide for public and bank holidays. [31 December 1951] Short title and application
Section 2
In this Act, unless the context otherwise requires―
“Minister” means the Minister charged with the responsibility for public and bank holidays;
“Peninsular Malaysia” has the meaning assigned thereto in section 3
of the Interpretation Acts 1948 and 1967 [Act 388], and includes the
Federal Territory;
“weekly holiday” means Sunday or, in States where Friday is observed as the weekly holiday, Friday.
Section 3
Public holidays
The several days mentioned in the First Schedule shall, except as hereinafter provided, be public holidays:
6 Laws of Malaysia ACT 369
(b)
the Minister in the case of Federal Territory, by notification in the Gazette otherwise provides, if any such public holiday shall fall on a weekly holiday in any State or in the Federal
Territory, then the day following shall be a public holiday and if such day is already a public holiday, then the day following shall be a public holiday.
Exemptions from public holidays
Section 4
Provided that, save and except where―
The Minister may make regulations excluding in whole or in part from the operation of this Act any public office or any department thereof and the officers and employees of such office or department, and thereupon, subject to such limitations as may be imposed by such regulations, all acts and things relating to such public office or department may be done and performed on any public holiday as if such day had not been declared a public holiday by virtue of this Act.
Bank holidays
*5. The several days mentioned in the Second Schedule shall be observed as close holidays in all banks in Peninsular Malaysia and are hereinafter referred to as bank holidays.
Exemptions from bank holidays
Section 6
T he Minister may make regulations excluding in whole or in part from the operation of this Act any bank and thereupon, subject to such limitations as may be imposed by such regulations, all acts and things relating to such bank may be done and performed on any bank
*NOTE―All banks in Peninsular Malaysia shall be excluded from the operation of section 5 of, and
Second Schedule to, the Holidays Act 1951 [Act 369]–see F.L.N. 346/1963.
Holidays 7
holiday as if such day had not been declared a bank holiday by virtue of this Act.
Section 7
Payments, etc., on public or bank holidays
(2)
No person shall be compellable on a bank holiday to make any payment in or at a bank or to do in or at a bank any act requiring a banking service.
(3)
The obligation to make such payment or to do such act shall apply to the day following such public or bank holiday not being a weekly or a public or bank holiday.
(4)
The making of such payment and the doing of such act on such following day shall be equivalent to payment of the money or performance of the act on the holiday.
Minister may appoint special days to be observed as bank or public holidays
Section 8
The Minister may, by notification in the Gazette or in such other manner as he thinks fit, appoint, in respect of Peninsular Malaysia, or the Federal Territory or, after consultation with the State Authority, in respect of a State, a day to be observed as a public holiday or a bank holiday in addition to, or in substitution for, any of the days mentioned in the Schedules and thereupon this Act shall, in
Peninsular Malaysia, or in the Federal Territory, or in the State in respect of which a day is appointed to be observed as a holiday as aforesaid, be applicable to such day in the same manner as if the said
8 Laws of Malaysia ACT 369
day had been mentioned in the First Schedule or the Second
Schedule, as the case may be.
Section 9
State and Federal Territory public holidays
(2)
The Minister may, by notification in the Gazette, or in such other manner as he thinks fit, appoint a day to be observed as a
Federal Territory public holiday in the Federal Territory, and such day shall, except as hereinafter provided, be observed in the Federal
Territory as a public holiday.
(3)
Section 7 shall apply—
(b)
within the Federal Territory to such Federal Territory public holiday, as it applies within Peninsular Malaysia in respect of a public holiday prescribed under section 3.
(4)
In this section references to a State or the Federal Territory shall include references to any recognized subdivision of a State or the Federal Territory.
Exemption from State and Federal Territory public holidays
Section 10
The State Authority may in respect of any State public holiday declared under section 9, and the Minister may in respect of any
Federal Territory public holiday declared under section 9, make regulations excluding in whole or in part from the operation of this
Act any public office or any department thereof in such State or in the
Federal Territory, as the case may be, and the officers and employees
Holidays 9
of such office or department, and thereupon, subject to such limitation as may be imposed by such regulations, all acts and things relating to such public office or department may be done and performed in such State or the Federal Territory on any State holiday or any Federal Territory holiday, as the case may be, as if such day had not been declared a State public holiday or a Federal Territory public holiday by virtue of this Act.
Section 10A
Power to close courts, public offices, etc.
(2)
For the purpose of facilitating the holding of any election under any written law relating to the election of persons to be members of a Legislative Assembly, the State Authority after consultation with the Minister, may, by order published in the
Gazette or in such manner as it thinks fit, direct the closing of such courts, public offices or departments as it thinks fit on any day specified in such order and thereupon such order shall have effect in such State.
(3)
Section 7 shall apply in respect of all acts and things relating to any courts, public offices or departments closed in accordance with any order made under this section as if any day specified in such order were a public holiday prescribed under section 3.
(4)
In this section references to a State or the Federal Territory shall include references to any recognized subdivision of a State or the Federal Territory.
____________________________
10 Laws of Malaysia ACT 369
FIRST SCHEDULE
[Section 3]
PUBLIC HOLIDAYS
Birthday of the Prophet Muhammad (s.a.w.).
Hari Kebangsaan or National Day.
Chinese New Year (one day in the States of Kelantan and Terengganu, two days in the other States).
Wesak Day.
Birthday of the Yang di-Pertuan Agong.
Hari Raya Puasa (2 days).
Hari Raya Haji (two days in the States of Kelantan and Terengganu, one day in the other States).
Deepavali.
Christmas day.
Malaysia Day.
________________
SECOND SCHEDULE
[Section 5]
BANK HOLIDAYS
1 January (or the following day if the 1 January should fall on a weekly holiday in any State or in the Federal Territory).
1 July (or the following day if the 1 July should fall on a weekly holiday in any
State or in the Federal Territory).
________________
11
Act 369
LIST OF AMENDMENTS
Amending law Short title In force from
L.N. 124/1952
Notification under section 8
20-03-1952
of the Holidays Ordinance 1951
L.N. 335/1952
Notification under section 8
18-06-1952
of the Holidays Ordinance 1951
F.M. Ord. 18/1955
Holidays (Amendment) Ordinance 20-04-1955 1955
F.M. Ord. 60/1956
Settlements Nominated Council
01-09-1956
(Change of Title) Ordinance 1956
L.N. (N.S.) 53/1957
Notification under section 8
31-10-1957
of the Holidays Ordinance 1951
L.N. 332/1958
Federal Constitution (Modification 13-11-1958
of Laws) (Ordinances and
P roclamations) Order 1958
L.N. 135/1960
Notification under section 8
23-06-1960
of the Holidays Ordinance 1951
Federal Territory (Modification
01-02-1974
of Holidays Ordinance) Order 1974
P.U. (A) 511/2005
Federal Territory of Labuan
01-01-2006
(Extension and Modification of
Holidays Act 1951) Order 2005
P.U. (B) 491/2009
Notification under section 8
from year 2010
of the Holiday Act
12 Laws of Malaysia ACT 369
Amending law Short title In force from
P.U. (B) 556/2010
Notification under section 8
31-10-2010
of the Holiday Act
P.U. (B) 261/2011
Notification under section 8
19-05-2011
of the Holiday Act
P.U. (B) 70/2012
Notification under section 8
14-03-2012
of the Holiday Act
______________
13
Act 369
LIST OF SECTIONS AMENDED
Section Amending authority In force from
2
Ord. 18/1955
20-04-1955
3
01-02-1974
8
01-02-1974
9
01-02-1974
10
01-02-1974
10A
Ord. 18/1955
20-04-1955
01-02-1974
First Schedule
L.N. 124/1952
20-03-1952
L.N. 335/1952
18-06-1952
L.N. (N.S.) 53/1957
31-10-1957
P.U. (B) 491/2009
01-01-2010
T hroughout the
Ord. 60/1956
01-09-1956
Act
L.N. 332/1958
13-11-1958
______________
Common questions
- What is HOLIDAYS ACT 1951?
- *HOLIDAYS ACT 1951 is Malaysia Act, cited as Act 369 1951, currently marked in force and first recorded in 1951.
- Is HOLIDAYS ACT 1951 still in force?
- Yes — HOLIDAYS ACT 1951 is currently in force.
- When did HOLIDAYS ACT 1951 take effect?
- HOLIDAYS ACT 1951 was first recorded in 1951.
- How many sections does HOLIDAYS ACT 1951 have?
- HOLIDAYS ACT 1951 contains 10 sections.
- Where can I read the official version of HOLIDAYS ACT 1951?
- The official text of HOLIDAYS ACT 1951 is published at lom.agc.gov.my.