Malaysian Anti-Corruption Commission Act 2009 · Updated to 20 May 2022 · Part IV · Offences and Penalties
23. Offence of using office or position for gratification
Feedback & supportAny officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.
officer of a public body
“officer of a public body” means any person who is a member, an officer, an employee or a servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the High Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds, and, where the public body is a corporation sole, includes the person who is incorporated as such;
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For the purposes of subsection (1), an officer of a public body shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.
officer
“officer” or “junior officer” means any officer or junior officer appointed under subsection 6(1) or (2);
For the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a
member of the administration
“member of the administration” has the meaning assigned to it in Clause (2) of Article 160 of the Federal Constitution;
State shall be deemed to use his office or position for gratification when he acts contrary to subsection 2(8) of the Eighth Schedule to the Federal Constitution or the equivalent provision in the
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);
Constitution or Laws of the Constitution of that State.
This section shall not apply to an officer who holds office in a public body as a representative of another public body which has the control or partial control over the first-mentioned public body in respect of any matter or thing done in his capacity as such representative for the interest or advantage of that other 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;