Malaysian Anti-Corruption Commission Act 2009 · Updated to 20 May 2022 · Part IV · Offences and Penalties
21. Bribery of officer of public body
Feedback & supportAny person who offers to an officer of any public body, or being an officer of any public body solicits or accepts, any gratification as an inducement or a reward for—
officer
“officer” or “junior officer” means any officer or junior officer appointed under subsection 6(1) or (2);
the officer voting or abstaining from voting at any meeting of the public body in favour of or against any measure, resolution or question submitted to the public body;
public body
“public body” includes— (a) the Government of Malaysia; (b) the Government of a State; (c) any local authority and any other statutory authority; (d) any department, service or undertaking of the Government of Malaysia, the Government of a State, or a local authority; (e) any society registered under *subsection 7(1) of the Societies Act 1966; (f) any branch of a registered society established under *section 12 of the Societies Act 1966; (g) any sports body registered under section 17 of the Sports Development Act 1997; (h) any co-operative society registered under section 7 of the Co-operative Societies Act 1993; *NOTE—Societies Act 1966 has been revised and named as Societies Act 1966 which comes into operation on 1 December 2021. (i) any trade union registered under section 12 of the Trade Unions Act 1959; (j) any youth society registered under section 9 of the Youth Societies and Youth Development Act 2007; (k) any company or subsidiary company over which or in which any public body as is referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i) or (j) has controlling power or interest; or (l) any society, union, organization or body as the Minister may prescribe from time to time by order published in the Gazette;
the officer performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any official act;
the officer aiding in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person; or
the officer showing or forbearing to show any favour or disfavour in his capacity as such officer,
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commits an offence, notwithstanding that the officer did not have the power, right or opportunity so to do, show or forbear, or accepted the gratification without intending so to do, show or forbear, or did not in fact so do, show or forbear, or that the inducement or reward was not in relation to the affairs of the public body.
gratification
“gratification” means— (a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage; (b) any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity; (c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part; (d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage; (e) any forbearance to demand any money or money’s worth or valuable thing; (f) any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and (g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f);