Malaysia legislation

Section 66

of *INTERPRETATION ACTS 1948 AND 1967

Section 66

In PART II of this Act, and in every written law as hereinafter defined, and in all public documents enacted, made or issued before or after 31 January 1948 the following words and expressions shall, as from that date and without prejudice to anything done prior thereto, have the meanings hereby assigned to them respectively, unless there is something in the subject or context inconsistent with such construction or unless it is therein otherwise expressly provided—

“abet” with its grammatical variations and cognate expressions has the same meaning as in the Penal Code [Act 574];

“Accountant General” means the chief accounting officer of the receipts and payments of the Federation;

“act” used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to illegal omissions;

“Act” or “Act of Parliament” means a law made by Parliament;

“advocate” and” “advocate and solicitor” mean an advocate and solicitor of the High Court;

“appropriate Service Commission” in relation to any public officer means such Service Commission as under the Constitution has jurisdiction over such officer or in the case of a public officer in the employment of the Government of a State who is not under the jurisdiction of any of such Commission means the public Service

Commission of such State having jurisdiction over such officer or if there is no such Commission means the Menteri Besar of such State;

“Armed Forces” or “Armed Forces of the Federation” includes any regular or volunteer, military, naval or air forces established or maintained under or in accordance with any written law of the

Federation;

“Armed Forces Council” means the Armed Forces Council established by Article 137 of the Constitution;

“Attorney General” means the Attorney General of the Federation;

“Auditor General” means the Auditor General of the Federation;

“British possession” means any part of Her Britannic Majesty’s dominions exclusive of the United Kingdom;

“Cabinet” or “Jemaah Menteri” means the Cabinet of Ministers appointed under Article 43 of the Constitution;

“Chapter”, “Part”, “section”, and “Schedule” indicate respectively a

Chapter, Part and section of, and Schedule to, the written law in which the word occurs; and “subsection” indicates a subsection of the section of the written law in which the word occurs;

“Chief Justice” means the Chief Justice of the High Court in

Malaya or of the High Court in Borneo, as the case may require;

“Chief Minister” includes Menteri Besar;

Interpretation 47

“citizen” means a citizen of the Federation;

“Civil List” means the provision made for the maintenance of the

Yang di-Pertuan Agong, his Consort, a Ruler or Yang di-Pertua

Negeri out of public funds;

“commencement” used with reference to an Act of Parliament,

Ordinance or Enactment means the time at which the Act of

Parliament, Ordinance or Enactment comes into operation;

“common law” means the common law of England;

“the Commonwealth” means collectively the Commonwealth countries, any part of Her Britannic Majesty’s dominions not being a

Commonwealth country, any territory under the protection of a

Commonwealth country and any territory administered by the government of a Commonwealth country under the trusteeship system of the United Nations;

“Commonwealth country” has the meaning assigned to it in the

Constitution;

“Concurrent List” means the Third List set out in the Ninth

Schedule to the Constitution, being the list enumerating the matters with respect to which both Parliament and a State Legislature may make laws;

“Conference of Rulers” means the Majlis Raja-Raja (Conference of

Rulers) established by Article 38 of the Constitution;

“Consolidated Fund” or “Federal Consolidated Fund” means the

Federal Consolidated Fund established by Article 97 of the

Constitution;

“Constitution” or “Federal Constitution” means the Constitution of the Federation;

“consular officer” means a consul-general, consul, vice-consul or consular agent representing a foreign sovereign power to whom an exequatur or provisional or other authorization to perform consular

functions has been granted by the Government of the Federation, and includes an officer of any Commonwealth country who is for the time being recognized by the Government of the Federation as an officer of that country performing in the Federation functions substantially corresponding to those which in the case of a foreign sovereign power would be performed by a consular officer;

“court” means any court of the Federation of competent jurisdiction;

“Council of State” means the Majlis Mesyuarat Negeri or Council of State of a State;

“Crown Agents” means the persons for the time being acting as

Crown Agents for Oversea Government and Administrations in

England, or any of them;

“daily fine” means a fine for each day on which an offence is continued after conviction therefor;

“Deputy Speaker” means the Deputy Speaker of the House of

Representatives;

“Deputy Supreme Head” or “Timbalan Yang di-Pertuan Agong”

means the Deputy Supreme Head of the Federation;

“District Officer” means the officer in administrative Charge of the district, and, in districts where there is no District Officer, means the

Land Administrator or such other officer as the Ruler in Council or

Yang di-Pertua Negeri in Council may be notification on the “Gazette appoint to perform the duties imposed and exercise the powers conferred upon the District Officer by any written law;

“Election

Commission”

means the

Election

Commission established by Article 113 of the Constitution;

“elector” means a person who is entitled to vote in an election to the House of Representatives or the Legislative Assembly of a State;

Interpretation 49

“Enactment” includes Enactments of the Legislatures of the States whether enacted before or after Merdeka Day, and Enactments of the legislature of the Federated Malay States;

“export” means to take or cause to be taken out of the Federation or any part thereof by land, sea or air;

“Federal Government” means the Government of the Federation;

(a)

any law in operation in the Federation or any part thereof immediately before Merdeka Day, being a law relating to a matter with respect to which Parliament has power to make laws;

(b)

any Ordinance of the Legislative Council enacted on or after Merdeka Day; and

(c)

any Act of Parliament;

“Federal List” means the First List set out in the Ninth Schedule to the Constitution, being the list enumerating the matters with respect to which Parliament may make laws;

“Federal ordinance” means—

(a)

any law made under Part V of the Federation of Malaya

Agreement 1948;

(b)

any law made by the Legislative Council under the

Constitution;

“Federal public office” means an office of emolument under the

Federal Government; and “Federal public officer” or “Federal officer” means the holder of any such office;

“federal purposes” includes the purposes of the Federation in connection with matters enumerated in the Concurrent List and with

any other matters with respect to which Parliament has power to make laws otherwise than by virtue of Article 76 of the Constitution;

“Federation” means the Federation established in accordance with the Federation of Malaya Agreement 1957;

“financial year” means the period from the first day of January to the thirty-first day of December;

“Foreign country” does not include any part of the Commonwealth or the Republic of Ireland;

“Gazette” means the official Gazette of the Federation and of the

States, and includes supplements thereto and any Extraordinary

Gazette;

“Government” or “Federal Government” means the government of the Federation;

“Government analyst” includes any assistant or other analyst employed by the Government;

“Government Printer” includes any printer authorized, either generally or in a particular case or class of cases, to print Acts of

Parliament, Ordinances or other documents of the Government;

“Houses of Parliament” means the Senate and the House of

Representatives;

“House of Representatives” or “Dewan Rakyat” means the House of Representatives established by Article 44 of the Constitution; and until the dissolution of the Legislative Council continued under

Article 164 of the Constitution means that Council;

“Hukum Syarak” means the body of law known in English as

Islamic Law;

“immovable property” includes land, benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth;

Interpretation 51

“Imperial Parliament” means the Parliament of the United

Kingdom;

“import” means to bring or cause to be brought into the Federation or any part thereof by land, sea or air;

“imprisonment” means imprisonment in accordance with the provisions of the *Prisons Ordinance 1952 [Ord. 81 of 1952];

“judge” includes any person appointed to exercise the powers of a judge;

“Keeper of the Rulers’ Seal” or “Penyimpan Mohor Besar Raja-Raja” means the person appointed to act as Secretary to the

Conference of Rulers under section 3 of the Fifth Schedule to the

Constitution;

“law” includes written law, the common law in so far as it is in operation in the Federation or any part thereof, and any custom or usage having the force of law in the Federation or in any part thereof;

“law officers” means the persons for the time being holding the offices of Attorney General and Solicitor General respectively;

“Legislative Assembly” includes a Council of State;

“Legislature” in relation to a State, or “State Legislature”, means the authority for the time being having power under the Constitution of that State to make laws for the State;

“Legislative Council” means the Legislative Council continued under Article 164 of the Constitution;

“Local authority” means the Municipal Councillors of any

Municipality, a Town Council, Town Board, Rural Board or other similar local authority constituted by or under any written law for the time being in force;

* NOTE—The Prisons Ordinance 1952 [Ord. 81 of 1952] has since been repealed by the Prison Act 1995 [Act 537]–see section 68 of Act 537.

“Malay” means a person who profess the Islamic religion, habitually speaks the Malay language, conforms to Malay custom and—

(a)

was before Merdeka Day born in the Federation or born of parents one of whom was born in the Federation, or is on that day domiciled in the Federation; or

(b)

is the issue of such a person;

“Malaya” means the States of the Federation and Singapore;

“magistrate” means a magistrate appointed under any law for the time being in force for the establishment of civil or criminal courts;

“master” used with reference to a ship means any person, except a pilot or harbour master, having for the time being control or charge of the ship;

“mental disorder” means insanity or idiocy; and “mentally disordered person” means a person of unsound mind or an idiot;

“Menteri Besar” means the chief minister and senior executive officer in a Malay State;

“Merdeka day” means the thirty-first day of August 1957;

“Minister” means a Minister appointed by the Yang di-Pertuan

Agong under Article 43 of the Constitution; and any reference in any provision of any written law to a Minister means the Minister for the time being charged with the responsibility for the matters to which such provisions relates;

“monogamous marriage” means a marriage which is recognized by the law of the place where it is contracted as a voluntary union of one man and one woman to the exclusion of all others during the continuance of the marriage;

“month” means calendar month according to the Gregorian calendar;

Interpretation 53

“movable property” means property of every description except immovable property as defined in Part II of this Act;

“mukim” shall mean, in the State of Kelantan, daerah;

“National Finance Council” means the National Finance Council established by Article 108 of the Constitution;

“National Land Council” means the National Land Council established by Article 91 of the Constitution;

“oath” and “affidavit” in the case of persons for the time being allowed by law to affirm or declare instead of swearing, include affirmation and declaration, and “swear” in the like case includes affirm and declare;

“officer” and “public officer” mean a person in the permanent or temporary employment of any Government in the Federation, and any person employed or deemed to be employed by the Railway

Administration under the provisions of the *Railway Ordinance 1948;

“Ordinance” includes PART II of this Act and—

(a)

any Federal Ordinance;

(b)

any Ordinance of the Malayan Union;

(c)

any Proclamation issued by, or under the authority of, the

Supreme Allied Commander, South East Asia;

(d)

any Ordinance of the legislature of the Colony of the

Straits Settlements;

(e)

any Enactment of the legislature of the Federated Malay

States; and

(f)

any State Enactment enacted before the first day of April 1946; having the force of law in the Federation or any part thereof;

* NOTE—The Railway Ordinance 1948 [Ord. 8 of 1948] has since been repealed by the Railways Act 1991 [Act 463]–see section 105 of Act 463.

“penghulu” shall mean in the State of Kelantan, penggawa;

“Parliament” means the Yang di-Pertuan Agong and the Houses of

Parliament; and until the dissolution of the Legislative Council continued under Article 164 of the Constitution means the Yang di-Pertuan Agong acting with the advice and consent of that Council;

“person” and “party” includes any body of persons, corporate or unincorporate;

“police officer” means any member of the police force of the

Federation;

“Police Force Commission” means the Police Force Commission established by Article 140 of the Constitution;

“Prime Minister” or “Perdana Menteri” means the person appointed as Prime Minister by the Yang di-Pertuan Agong under Article 43 of the Constitution;

“prescribed” means prescribed by or under the Act of Parliament,

Ordinance or Enactment in which the word occurs;

“President of the Senate” or “Yang di-Pertua Dewan Negara”

includes the Deputy President of the Senate or such other member of the Senate as may be determined by the rules of procedure of the

Senate, whenever the Deputy President or such other member is acting as President of the Senate;

“Proclamation” includes a Proclamation made by, or under the authority of, the Supreme Allied Commander, South East Asia, during the period between the fifteenth day of August 1945, and the first day of April 1946;

“public holiday” means any day which is declared to be or proclaimed as a public holiday or which, under any written law, is to be observed as a public holiday in the Federation or any part thereof;

“public place” includes every public highway, street, road, bridge, square, court, alley, lane, bridleway, footway, parade, wharf, jetty,

Interpretation 55

quay, public garden or open space, and every theatre, place of public entertainment of any kind, or other place of general resort, admission to which is obtained by payment or to which the public have access;

“Public Seal” means the Public Seal of the Federation;

“Public Services Commission” means the Public Services

Commission established by Article 139 of the Constitution;

“Railway Service Commission” means the Railway Service

Commission established by Article 141 of the Constitution;

“registered” used with reference to a document, means registered under the provisions of the law for the time being applicable to the registration of such document;

“regulations” includes rules, rules of court and by-laws;

“Rule Committee” means the Rule Committee or other authority having power under written law to make rules or orders regulating the practice and procedure of the High Court;

“Ruler”—

(a)

in the case of Negeri Sembilan, means the Yang di-Pertuan Besar and the Ruling Chiefs; and

(b)

in the case of any State, includes any person who in accordance with the Constitution of that State exercises the functions of Ruler;

“Ruler in Council” means a Ruler acting after consultation with the

State Executive Council but (except when he is required by the State

Constitution or by any law to act in accordance with the advice of such Council) not necessarily acting in accordance with the advice of such Council;

“rules of court” means, when used in relation to any court, rules made by the Rule Committee;

“the Ruling Chiefs” means the persons who are for the time being the Undang of Sungei Ujong, the Undang of Jelebu, the Undang of

Johol, the Undang of Rembau and the Tunku Besar of Tampin;

“seaman” includes every person (except masters, pilots and apprentices duly indentured and registered) employed or engaged in any capacity on board any ship;

“Secretary of State” means one of Her Britannic Majesty’s

Principal Secretaries of State;

“sell” and “sale” include exchange, barter and offering or exposing for sale;

“Senate” or “Dewan Negara” means the Senate established by

Article 44 of the Constitution;

“Senator” means a member of the Senate;

“service by post”: where an Act of Parliament or Ordinance authorizes or requires any document to be served by post, whether the expression “serve” or the expression “give” or “send” or any other expression is used, then, unless the contrary intention appears, the service shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document, and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post;

“Service Commission” means a Commission to which Part X of the

Constitution applies;

“ship” includes every description of vessel used in navigation not exclusively propelled by oars or paddles;

“sign” with reference to a person who is unable to write his name, includes “mark”;

“Speaker” or “Yang di-Pertua Dewan Rakyat” means the Speaker of the House of Representatives and includes the Deputy Speaker or such other member of the House of Representatives as may be

Interpretation 57

determined by the rules of procedure of that House, whenever the

Deputy Speaker or such other member is acting as Speaker;

“State” or “State of the Federation” means such one of the States of the Federation as the circumstances may require;

“State of Singapore” or “Singapore” means the State of Singapore established under the State of Singapore Act 1958, of the United

Kingdom;

“State Enactment” means any enactment of the Legislature of any

State having the force of law in that State, whether enacted before or after Merdeka Day, but does not include an enactment of the

Legislature of the Federated Malay State;

“State Executive Council” means the Executive Council established for a State pursuant to the Constitution of that State;

“State law” means—

(a)

any law in operation in a State or any part thereof immediately before Merdeka Day, being a law relating to a matter with respect to which the Legislature of the State has power to make laws; and

(b)

a law made by the Legislature of a State;

“State List” means the Second List set out in the Ninth Schedule to the Constitution, being the list enumerating the matters with respect to which a State Legislature may make laws;

“State purposes” includes, in relation to any State, the purposes of the State in connection with matters enumerated in the Concurrent

List and with any other matters with respect to which the Legislature of the State has power to make laws;

“State Pardons Board” means the Pardons Board established for a

State by Article 42 of the Constitution;

“State Reserve Fund” means the State Reserve Fund established by

Article 109 of the Constitution;

“States of the Federation” means the States of Johore, Kedah,

Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor,

Terengganu, Malacca and Penang, and all dependencies, islands and places which on Merdeka Day were administered as part thereof, and the territorial waters adjacent thereto;

“statutory declaration” if made—

(a)

in the Federation, means a declaration made by virtue of the provisions of any written law providing for such declarations;

(b)

in the United Kingdom or any British possession means a declaration made before a justice of the peace, notary public or other person having authority therein under any law for the time being in force to take or receive a declaration;

(c)

in any other place means a declaration made before a consular officer of the Federation or before any person having authority under any Ordinance or Act of

Parliament for the time being in force to take or receive a declaration;

“subsidiary legislation” means any Order in Council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Act of Parliament, Ordinance, Enactment or other lawful authority and having legislative effect;

“Supreme Court” means the Supreme Court of the Federation constituted by Part IX of the Constitution;

“territorial waters” means in relation to any territory the inland waters of such territory and such part of the sea adjacent to the coast thereof as is deemed by international law to constitute the territorial waters of such territory;

Interpretation 59

“the Treasury” means the Minister charged with responsibility for finance and includes any officer under the administrative control or direction of such Minister to whom such Minister has delegated or who, in accordance with section 6 or section 7 of the Delegation of

Powers Act 1956, is authorized to exercise powers under the

Financial Procedure Act 1957;

“United Kingdom” means Great Britain and Northern Ireland;

“vessel” includes floating craft of every description;

“weekly holiday” means Sunday or, in States where Friday is observed as the weekly holiday, Friday;

“will” includes a codicil; words importing the masculine gender include females; words in the singular include the plural, and words in the plural include the singular;

“writing” and expressions referring to writing include printing, lithography, typewriting, photography, and other modes of representing or reproducing words or figures in visible form;

“written law” means all Acts of Parliament, Ordinances and

Enactments in force in the Federation or any part thereof and all subsidiary legislation made thereunder, and includes the Federal

Constitution;

“Yang di-Pertuan Agong” or “Supreme Head” or “Supreme Head of the Federation” means the person who is for the time being holding the office of Yang di-Pertuan Agong in accordance with the provisions of the Constitution, and includes the Deputy Supreme

Head or a Ruler whenever he is lawfully exercising the functions of the Yang di-Pertuan Agong;

“Yang di-Pertuan Negara” means the Representative of Her

Britannic Majesty in and for Singapore and includes any person for the time being lawfully exercising the functions of such

Representative;

“Yang di-Pertua Negeri” means the Yang di-Pertua Negeri of the

State of Malacca or Penang, as the circumstances may require, and

includes any person for the time being lawfully exercising the functions of such Yang di-Pertua Negeri;

“Yang di-Pertua Negeri in Council” means a Yang di-Pertua Negeri acting in accordance with the advice of the State Executive Council or of a member thereof acting under the general authority of such

Council;

“year” means a year reckoned according to the Gregorian calendar.

(2)

Where any word or expression is defined in this or any other written laws such definition shall be deemed to extend mutatis mutandis to the grammatical variations and cognate expressions of such word or expression.

[s. 2]

DIVISION SIX

General Provisions Regarding Acts of Parliament,

Ordinances and Enactments

Acts of Parliament, Ordinances and Enactments to be public Acts of Parliament, Ordinances and Enactments

Read in full context — *INTERPRETATION ACTS 1948 AND 1967 →