Malaysia legislation
Section 51
Section 51
Ex officio proceedings not to abate on death, etc.
Any civil or criminal proceedings taken by or against any person in virtue of his office shall not be discontinued or abated by his death, resignation, or absence or removal from office, but may be carried on by or against, as the case may be, the person appointed to perform the duties of the office.
Gazette to be evidence of matters in it 52.
All printed copies of the Gazette, purporting to be published by authority and to be printed by the Government Printer, shall be admitted in evidence by all courts and in all legal proceedings whatever without any proof being given that those copies, were so published and printed, and shall, until the contrary is proved, be taken and accepted as evidence of the Proclamations, regulations, orders, appointments, notices and other publications printed in them, and of the matters and things contained or necessarily implied in any of them.
Act for which payment is required need not be performed till payment be made 53.—
Whenever any person, public officer, public department or local authority is required to do anything for which a fee is to be paid or a charge made under any written law or prescribed under section 54(2), that person, officer, responsible officer of the public department or authority may decline to do that thing until the fee is paid or payment be made and, where the precise amount of the payment to be made cannot be ascertained until the thing is done, until there be paid such an amount as may be estimated to be the correct amount by the person, officer, responsible officer of the department or authority required to do that thing.
(2)
Whenever a thing has been done for which an estimated amount shall have been paid, that amount shall be adjusted to the correct amount either by means of a further payment or by a refund of the amount overpaid.
Fees or charges may be prescribed and may be reduced, varied, remitted or refunded 54.—
Whenever any act requires to be done or a service performed by a public body or a public officer under or in connection with any written law, and no special provision is made by or under it for making a charge in respect of that act or service, the Majlis
Mesyuarat Kerajaan Negeri may by order signified in the Gazette provide for the imposition of those fees or charges as it may consider proper.
(2)
Except where expressly provided otherwise by any other written law, the Yang di-Pertua Negeri may by order—
(a)
charge and prescribe fees and payments for any act, matter or thing done, or for any amenities, report, statistics or data provided or services performed, by any person, public officer, department of the Government, local authority or statutory body; and
(b)
specify the persons by or to whom those fees shall be paid and payments made, and the fees and payments received from them shall, except as otherwise provided in any written law, be paid into the State
Consolidated Fund.
(3)
Any fee or charge by or under subsection (1) or (2) made payable to the Government or to any public body, public officer or local authority, not being a fee or charge which is regulated by rules of court—
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(a)
may be reduced or varied by order of the Majlis
Mesyuarat Kerajaan Negeri:
Provided that any variation of it shall not exceed the original figure; and
(b)
may be remitted or refunded, in whole or in part in any particular case and on any special ground, by the Yang di-Pertua
Negeri.
Administrative appeals 55.—
Notwithstanding section 34, whenever in any written law provision is made for an appeal other than by way of petition to the Majlis Mesyuarat Kerajaan Negeri—
(a)
the Administrative Appeals Rules shall apply to the extent that specific provision is not contained in that written law;
(b)
nothing in it shall be deemed to prevent any person from applying to the High Court for a mandamus, injunction, prohibition or any other order should he elect to do so, instead of appealing to the Majlis Mesyuarat Kerajaan Negeri, but no proceedings by way of mandamus, injunction, prohibition or other order shall be taken against the Majlis Mesyuarat Kerajaan
Negeri in respect of such provision or provisions; and
(c)
every order of the Majlis Mesyuarat Kerajaan Negeri on any appeal under those Rules shall be final and may be enforced by the High Court as if it had been an order of that
Court.
(2)
The Majlis Mesyuarat Kerajaan Negeri may, by order signified in the Gazette, amend the Administrative Appeals Rules
[Vol. VII, p. 5].
Citation of imperial statutes 56.
When any Act of Imperial Parliament is referred to, it shall be sufficient for all purposes to cite it by the short title cited in it or by the short title given to it by the Short Titles Act, 1896 [59 and 60 Vict.
c. 14.].
Modification of Acts of the United Kingdom and Orders in
Council extended or applied to Sarawak 57.—
Whenever by any written law an Act of Parliament of the United Kingdom has been or is applied to Sarawak, including any statute of general application which applies by virtue of the
Application of Laws Ordinance [Cap. 2 (1958 Ed.)], it shall be lawful for the Majlis Mesyuarat Kerajaan Negeri by regulations not inconsistent with any such written law to provide for such modifications as to names, localities, courts, officers, persons, moneys, penalties and otherwise as may be necessary to make it applicable to the circumstances of Sarawak and, if no such regulations are made or if there is any respect in which such regulations are silent, that Act shall nevertheless be deemed to apply with such modifications as may be necessary to make it applicable to the circumstances of Sarawak.
(2)
Without prejudice to subsection (1), in any case in which a statute of general application applies to Sarawak by virtue of the
Application of Laws Ordinance [Cap. 2 (1958 Ed.)], a reference to a sum of money or part of it in pounds sterling shall be deemed to refer to ten times the equivalent number of ringgit, and a reference to a sum of money or part of it in shillings shall be deemed to refer to half the equivalent number of ringgit.
(b)
For the purpose of this subsection “ringgit” means a ringgit in the currency of Malaysia.
Construction of references in written law to Acts of Parliament of the United Kingdom or of the Imperial Parliament and Orders in
Council and legislation enacted under them 58.—
A reference in any written law or in any of its instrument to an Act of Parliament of the United Kingdom or of the
Imperial Parliament or an Order in Council shall include a reference to that Act or Order as that Act or Order may from time to time be amended, and to any Act of Parliament of the United Kingdom or of the Imperial Parliament or Order in Council re-enacting with or without modification the provisions of that Act of Parliament of the
United Kingdom or of the Imperial Parliament or Order in Council.
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(2)
Subsection (1) shall have effect in relation to regulations, rules or other provisions having legislative effect by virtue of any Act of Parliament or of Imperial Parliament or Order in Council as it has effect in relation to that Act or Order in Council.
Use of electronic means or medium 59.
Where under any written law any information is permitted or required to be given or kept or maintained, and no means or medium is specified, that information may be given or kept or maintained by electronic means and on electronic medium if the identity of the person giving the information or the source of any information given by such means is capable of being determined or verified, and if sufficient precautionary measures have been applied to prevent unauthorized access to any information recorded or fixed by such means or on such medium.
General amendment 60.
In any written law, any reference to the Interpretation
Ordinance [Cap. 1 (1958 Ed.)] shall be construed as a reference to the Interpretation Ordinance, 2005 [Cap. 61].
Repeal and saving 61.⎯(1) The Interpretation Ordinance [Cap. 1 (1958 Ed.)] is repealed.
(2)
Nothing in this Ordinance shall affect the past operation of, or anything done under, the repealed Ordinance.
Removal of difficulties 62.
The Chief Minister may, by order published in the Gazette, make such provisions as he considers necessary and expedient for the purpose of removing any difficulties occasioned by the coming into force of this Ordinance, and such order may be made so as to have effect as from the date of commencement of this Ordinance.
Power of Majlis Mesyuarat Kerajaan Negeri to amend Schedule 63.
The Majlis Mesyuarat Kerajaan Negeri may, by notification in the Gazette, amend the Schedule.
[Add. Cap. A198/2023]