Section 26
Relation back of appointments
of Interpretation Ordinance, 2005, 2005
Any appointment may be declared to have effect as from the date upon which the appointee in fact commenced to exercise the powers and discharge the duties of his appointment, not being a date earlier than the commencement of the written law under which the appointment is made.
Power of Yang di-Pertua Negeri to provide for execution of duties of public officer during temporary absence or inability 27.—
(a) Whenever by or under any written law any powers are conferred or any duties are imposed upon a public officer, then, if, during any period, owing to absence or inability to act from illness or any other cause, that public officer is unable to exercise the powers or perform the duties of his office in any place under his jurisdiction or control, those powers shall be had and may be exercised, and those duties shall be discharged, in such place by a person named by, or by a public officer holding the office designated by, the direction of the
Yang di-Pertua Negeri, subject to such conditions, exceptions and qualifications as the Yang di-Pertua Negeri may direct.
(b)
Any such direction may be given in anticipation of any absence or inability occurring, in which case it shall be notified by the
Minister in the Gazette or, if given subsequent to it, may relate back to the commencement of that inability or absence and shall be so notified upon the termination of any period of absence or inability.
(2)
Whenever by or under any written law any powers are conferred or any duties are imposed upon a public officer and a new post is subsequently created in the same department, the emoluments
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of which are no less than those of that public officer, the Yang di-Pertua Negeri may by notification in the Gazette direct that those powers and duties or any of them shall be exercised by any holder of the post so created, and either to the exclusion of the first named public officer or otherwise.
Power to appoint to substantive office not vacant