Malaysia legislation
Section 11
Section 11
Provision against duplicate salaries
Unless otherwise provided, a Member to whom any salary, allowance and benefit are payable under this Ordinance shall be entitled to receive only such salary, allowance and benefit but if he is the holder of two or more offices in respect of which salaries, allowances and benefits are so payable and there is a difference in the salaries, allowances and benefits payable in respect of those offices, the office in respect of which such salary, allowances and benefits are payable shall be in respect of which the highest salary is payable.
Moneys to be provided or charged 12.―(1) Subject to subsections (2) and (3), the salaries, allowances and benefits payable under this Ordinance shall be paid out of moneys provided by Dewan Undangan Negeri.
(2)
The remuneration of the Speaker and Deputy Speaker under this Ordinance shall be charged on the State Consolidated Fund.
(3)
Pensions and gratuities payable under the Regulations contained in the First Schedule shall be charged on the State
Consolidated Fund.
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Appointment of Political Secretary 13.―(1) The Chief Minister may appoint any person who is a
Member of Dewan Undangan Negeri or who is qualified to be a
Member of Dewan Undangan Negeri to be a Political Secretary and may at any time and without assigning any reason therefor terminate any such appointment.
(2)
A person appointed to be a Political Secretary shall vacate his office―
(a)
if his appointment is terminated pursuant to subsection
(1)
; or
(b)
if he resigns from office by writing under his hand addressed to the Chief Minister; or
(c)
if, for any reason, the Chief Minister who appoints him, vacates his office.
Oath of secrecy 14.
Before assuming his office as a Political Secretary, he shall take and subscribe in the presence of the Chief Minister the oath of secrecy set out in the Third Schedule.
Duties and functions 15.
The Chief Minister shall, from time to time, determine the duties and functions of a Political Secretary.
Regulations 16.―(1) The Yang di-Pertua Negeri may make regulations for the purpose of carrying out and giving effect to the provisions of this
Ordinance. All regulations so made shall be laid before Dewan
Undangan Negeri.
(2)
The Schedules may be amended, added, revoked or replaced by regulations made under subsection (1).
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(3)
Any of the powers conferred upon or duties imposed on the Yang di-Pertua Negeri by the Schedules may be exercised by the
Chief Minister or any other person authorized in writing by the Yang di-Pertua Negeri.
(4)
Without prejudice to the generality of subsection (1) ―
(a)
where a person or a Member who before the coming into force of this Ordinance had acquired any right or benefit in relation to pension or gratuity under the law repealed under section 17 and no provision exists in this Ordinance to deal with this right or benefit, the regulations may provide for such right or benefit to continue with such modification as the Yang di-Pertua
Negeri deems fit;
(b)
where as a result of the implementation of this
Ordinance a situation arises involving a determination whether a right or benefit in relation to a pension or derivative pension should, having regard to the principles underlying the provisions of this Ordinance, accrue to a person who had ceased to be a
Member between the period 16th September, 1963, and the date of the coming into force of this Ordinance or to the dependants of such person, and justice and equity require it to be dealt with, the regulations may provide for the conferment of such right or benefit to such person upon such terms and conditions as the
Yang di-Pertua Negeri deems fit.
(5)
All regulations made under this section shall have the same force and effect as if they were contained in the Schedules, and the expression “this Ordinance” shall, wherever it occurs in this Ordinance, be construed as including a reference to all the
Schedules.
Repeal and savings 17.
The Members of the Administration and Members of
Dewan Undangan Negeri (Remuneration, Pensions and Gratuities)
Ordinance, 1980 [Ord. No. 9/80] is repealed:
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Provided that nothing herein shall affect the past operations of the said repealed Ordinance, and
Provided further that where a person or his dependant was in receipt of a pension or derivative pension, as the case may be, under the repealed Ordinance, such pension or derivative pension shall, if so directed by the Yang di-Pertua Negeri in accordance with regulation 20 of the First Schedule, be recomputed and shall continue to be payable under the provisions of that Schedule.
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FIRST SCHEDULE
(Sections 8, 12 and 17)
REGULATIONS
Citation and application 1.—
(1)
These Regulations may be cited as the Members of the
Administration and Members of Dewan Undangan Negeri (Pensions and Gratuities)
Regulations.
(2)
These Regulations shall not apply to a Member of the Dewan
Undangan Negeri who exercises the functions of the Speaker pursuant to Standing
Order 4(2) or (3) of the Dewan Undangan Negeri Standing Orders during any period which the Speaker or Deputy Speaker is unable to do himself owing to illness, absence or any other cause.
Interpretation 2.
In these Regulations—
“child” means any child of a deceased Member;
(a)
under the age of twenty-one and includes—
(i)
a posthumous child, a dependant stepchild, or an illegitimate child;
(ii)
a child adopted under any written law, custom or usage before the death of the Member; and
(iii)
a child, adopted before the death of the Member whether or not under any written law, custom or usage, of a Member who professes the religion of Islam; and
(b)
of any age who is mentally disabled or physically and permanently incapacitated and who is incapable of supporting himself;
“reckonable service” means the period in months during which a person is a Member whether continuously or in two or more separate periods; and for the purpose of calculating the length of a Member’s reckonable service, all periods of reckonable service shall be aggregated;
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“salary” means—
(a)
in relation to a Member of Dewan Undangan Negeri, the monthly allowance payable to him under section 3 of the Ordinance;
(b)
in relation to the Speaker—
(i)
who is not a Member of Dewan Undangan Negeri, the monthly salary payable under section 4(1) of the Ordinance;
(ii)
who is a Member of Dewan Undangan Negeri, the sum of the monthly salary and the monthly allowance payable to him under section 4(1) and (2) of the Ordinance;
(c)
in relation to the Deputy Speaker, the sum of the monthly allowance and the monthly salary payable to him under sections 3 and 4(3);
(d)
in relation to the Chief Minister, Deputy Chief Minister, a Senior
Minister, a Minister or an Assistant Minister, the sum of the monthly salary and the monthly allowance payable to him under section 6(1) and (2) of the
Ordinance;
(e)
in relation to a Political Secretary—
(i)
who is not a Member of Dewan Undangan Negeri, the monthly salary payable under section 6(1)(f) of the Ordinance;
(ii)
who is a Member of Dewan Undangan Negeri, the sum of the monthly salary and the monthly allowance payable to him under section 6(1)(f) and (2) of the Ordinance.
Pension for Members 3.—
(1)
A person who ceases to be a Member may be granted a pension if he has completed thirty-six months reckonable service.
(2)
The monthly pension payable under paragraph (1) shall be based on the highest drawn salary of the Member during any period of reckonable service and shall be calculated on the following formula:
1/144 x total completed months of reckonable service x salary, subject to a maximum of half of salary:
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Provided that any reckonable service in the case of a person who ceases to be a
Member either through death or dissolution of Dewan Undangan Negeri or through disqualification under Article 17(1)(a) of the State Constitution shall, where it is less than thirty-six months, be deemed to be thirty-six months of reckonable service.
(3)
A pension granted under this regulation shall continue for the life of that person to whom it is payable but shall not be payable in respect of any period during which he is again a Member and is in receipt of a salary in respect thereof:
Provided that such period, subject to paragraphs (1) and (2), shall be taken into account for calculating the pension that will be payable on his ceasing again to be a
Member.
(4)
In the case of a person who was a Member (other than as a Political
Secretary) at any time on or after 16th September, 1963, and is still living he may be granted a pension under paragraphs (1) and (2) from the date of the coming into force of the Ordinance based on his salary adjusted to the salary of a Member as is appropriate and in accordance with these Regulations.
(5)
A person who ceases to be a Political Secretary at any time on or after 1st July, 1980, may be granted a pension under paragraphs (1) and (2) based on the salary as is appropriate in accordance with these Regulations and on the reckonable service which shall include any period prior to 1st July, 1980.
(6)
Where by virtue of paragraph (3), a member of Dewan Undangan
Negeri, who had acquired the right to pension under the Ordinance, ceases to be so entitled upon his appointment as Speaker, such right shall, notwithstanding that he is not an elected Member of Dewan Undangan Negeri, accrue to the Speaker, when he retires as Speaker and shall, in such circumstances, be granted a pension based on the salary and the monthly allowance as specified under section 4(1) and section 3
of the Ordinance, in accordance with the formula provided in paragraph (2).
Special provisions for Chief Minister, etc., becoming backbenchers, etc.