INTERPRETATION ACTS 1948 AND 1967

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 388 INTERPRETATION ACTS 1948 AND 1967 As at 1 May 2015 2 INTERPRETATION ACTS 1948 AND 1967 … … 1948 and 1967 (M.U. Ordinance No. 7 of 1948, Act No. 23 of 1967 and Act No. 57of 1967) Consolidated and Revised … … 1989 (Act 388 w.e.f. 19 October 1989) Latest amendment made by Act A1330 which came into operation on … … … 15 March 2010 First Enacted PREVIOUS REPRINTS First Reprint … … … 2000 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 388 INTERPRETATION ACTS 1948 AND 1967 ARRANGEMENT OF SECTIONS Section 1. Short title PART I 2. Application DIVISION ONE Meaning of Certain Expressions and References 3. Definitions 4. Grammatical variations, gender and number 5. References to offices, etc., established by Constitution 6. References to public officers 7. Reference to office-holder includes acting holder, etc. 8. References to “the High Court”, “the Minister” and “the Treasury” 9. References to States 10. (Deleted) 11. References to distance 12. Service by post 4 Laws of Malaysia ACT 388 DIVISION TWO Provisions Affecting Written Laws Generally Section 13. Acts to be public Acts 14. Division into sections 15. Long title, preamble and schedules 16. Notice to be taken of division into parts, chapters, etc. 17. Citation 17A. Regard to be had to the purpose of Act 18. Gazette 19. Commencement 20. Subsidiary legislation may be retrospective 21. Meaning of certain expressions in subsidiary legislation 22. Amendment, revocation, etc., of subsidiary legislation 23. Avoidance of subsidiary legislation in case of inconsistency with Act 24. Things done under subsidiary legislation deemed to be done under authorizing law 25. Subsidiary legislation deemed to be made under all powers thereunto Enabling 26. Particular power to make subsidiary legislation without prejudice to general power 27. Penalties in subsidiary legislation 28. Subsidiary legislation unaffected by repeal of authorizing law in certain Cases 29. Repeal does not revive earlier repealed laws, etc. 30. Matters not affected by repeal 31. Repeal includes amending legislation 32. Expiry 33. Specific transitional and saving provisions to be without prejudice to sections 28 to 32 34. Construction of amended law with amending law 35. References to written laws Interpretation Section 36. Internal references in written laws DIVISION THREE Powers and Appointments 37. Time for exercise of power 38. Power of majority 39. Law officers 40. Implied powers 41. Powers of certain bodies not affected by vacancy, etc. 42. Exercise of power between publication and commencement of Act 43. Construction of power to appoint commencement 44. Implied powers in respect of fees and charges 45. Construction of power to extend time 46. Power to delegate hearing of appeals 47. Power to appoint includes power to remove, etc. 48. Power to appoint member of board, etc., temporarily 49. Power to appoint chairman, etc. 50. Appointment may be made by office and with retrospective effect 51. Temporary exercise of ministerial functions 52. Appointments, etc., in the public services DIVISION FOUR Miscellaneous 53. Computation of years of age 54. Computation of time 55. Evidence of signature on fiat, etc. 56. Ex officio proceedings not to abate on death, etc. 57. Making of declarations, etc., in particular languages 58. Imposition of penalty no bar to civil action 59. Offences under two or more laws 5 6 Laws of Malaysia ACT 388 Section 60. Penalties prescribed to be deemed maximum penalties 61. Gazettes to be evidence 62. Deviation from forms 62A. Use of electronic means or medium 63. Saving of rights of Yang di-Pertuan Agong and Government 64. PART I binds Yang di-Pertuan Agong and Government 65. Repeal and saving PART II DIVISION FIVE Definitions 66. Definitions DIVISION SIX General Provisions Regarding Acts of Parliament, Ordinances and Enactments 67. Acts of Parliament, Ordinances and Enactments to be public Acts of Parliament, Ordinances and Enactments 68. Sections to be substantive Enactment 69. Schedules 70. Sub-divisions of Acts of Parliament, Ordinances and Enactments 71. Forms 72. Mode of citing Acts of Parliament, Ordinances and Enactments DIVISION SEVEN Repeal, Re-Enactment and Amending Legislation 73. Repeal of repealing laws 74. Repeal of amended law to include amendments 75. Repeal and substitution 76. Reference to re-enacted provisions 77. Effect of repeal Interpretation Section 78. Construction of amending Act of Parliament, Ordinance or Enactment 79. Effect of expiration of written law 80. Ordinance or Act of Parliament may be altered or repealed in same session DIVISION EIGHT Imperial Acts 81. Citation of Imperial Statutes 82. Imperial Acts to be read with necessary modification 83. Reference in written law to provision of Imperial Act DIVISION NINE Subsidiary Legislation 84. Use of defined terms in subsidiary legislation 85. Exercise of statutory powers between enactment and commencement of Act of Parliament, Ordinance or Enactment 86. Commencement of subsidiary legislation 87. General provisions with respect to power given to any authority to make subsidiary legislation 88. Construction of powers under which subsidiary legislation is made 89. Judicial notice of proclamations, orders and regulations 90. Construction of amending regulations 91. Acts done under subsidiary legislation to be deemed done under Act of Parliament, Ordinance or Enactment 92. Subsidiary legislation made by Yang di-Pertuan Agong to override other subsidiary legislation DIVISION TEN Powers and Appointments 93. Construction of provisions as to exercise of powers and duties 94. Power to appoint includes power to dismiss 7 8 Laws of Malaysia ACT 388 Section 95. Construction of enabling words 96. Appointment of officers by name or office 97. Construction of powers of appointment 98. Official designation to include officer executing duties 99. Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability 100. Power of Yang di-Pertuan Agong or Minister to delegate hearing of appeals, etc., to Committees 101. Powers to appoint chairman, etc. 102. Powers of a board, etc., not affected by vacancy, etc. DIVISION ELEVEN Distance and Time 103. Measurement of distance 104. Time of commencement 105. Computation of time 106. Computation of age 107. (Deleted) 108. Provision when no time prescribed 109. Construction of power of extending time DIVISION TWELVE Miscellaneous 110. Evidence of signature of Yang di-Pertuan Agong or Attorney General to fiat 111. Solicitor General to exercise powers of Attorney General 112. Power of majority of more than two persons 113. Public officers 114. Ex officio proceedings not to abate on death, etc. 115. Construction of references to laws 116. (Deleted) Interpretation Section 117. English text to prevail 118. Use of languages other than English for oaths, declarations, etc. 119. Gazette to be evidence of matters therein DIVISION THIRTEEN Reprint of Written Laws 120. Reprint of written laws DIVISION FOURTEEN Penal Provisions 121. Imposition of a penalty not a bar to civil action 122. Provisions as to offences under two or more laws 123. Penalties prescribed to be deemed maximum penalties 124. Carrying out of certain orders 125. Application of fees, fines and forfeitures 126. (Deleted) 127. Saving of rights of the Yang di-Pertuan Agong and the Government 128. PART II to be binding on Yang di-Pertuan Agong and the Government DIVISION FIFTEEN Repeal 129. Repeal PART III 130. Extent 131. PART I of this Act to have effect in adopting States 132. Repeal and saving FIRST SCHEDULE SECOND SCHEDULE 9 11 LAWS OF MALAYSIA Act 388 INTERPRETATION ACTS 1948 AND 1967 An Act to provide for the commencement, application, construction, interpretation and operation of written laws; to provide for matters in relation to the exercise of statutory powers and duties; and for matters connected therewith. [PART I—18 May 1967, P.U. (A) 204/1967 PART II—31 January 1948; PART III—30 September 1967] Short title 1. This Act may be cited as the Interpretation Acts 1948 and 1967. PART I [Sections 3–65 of this revised Act correspond to sections 3–65 of the Interpretation Act 1967 [Act No. 23 of 1967]] Application 2. (1) Subject to this section, Part I of this Act shall apply for the interpretation of and otherwise in relation to— (a) this Act and all Acts of Parliament enacted after 18 May 1967; 12 Laws of Malaysia ACT 388 (b) all laws, whether enacted before or after the commencement of this Act, revised under the Revision of Laws Act 1968 [Act 1]; (c) all subsidiary legislation made under this Act and under Acts of Parliament enacted after the commencement of this Act; (d) all subsidiary legislation, whether made before or after the commencement of this Act, revised under the Revision of Laws Act 1968; (e) all subsidiary legislation made after the 31 December 1968, under the laws revised under the Revision of Laws Act 1968. (2) PART I shall not apply for the interpretation of or otherwise in relation to any written law not enumerated in subsection (1). (3) PART I shall not apply where there is— (a) express provision to the contrary; or (b) something in the subject or context inconsistent with or repugnant to its application. DIVISION ONE Meaning of Certain Expressions and References Definitions 3. The following words and expressions have the meanings hereby respectively assigned to them, that is to say— “Act” or “Act of Parliament” used with reference to legislation, means a law made by Parliament; Interpretation 13 “act” used with reference to an offence or civil wrong, includes a series of acts, and words which refer to acts done extend to illegal omissions; “advocate” means a person entitled to practise as an advocate or as an advocate and solicitor under the law in force in any part of Malaysia; “affidavit” includes statutory declaration; “aircraft” includes every description of craft used in aerial navigation; “amend” includes repeal, add to and vary; “armed forces” means the armed forces of Malaysia; “Attorney General” means the Attorney General of Malaysia; “Cabinet” means the Jemaah Menteri (Cabinet of Ministers) appointed under Article 43 of the Federal Constitution; “calendar year” means a year beginning on 1 January; “Chief Justice” means the Chief Justice of the Federal Court; “Chief Minister” or “Menteri Besar” means the president, by whatever name called, of the Executive Council of a State; “citizen” means a citizen of Malaysia; “commencement”, used with reference to a written law, means the date when the law comes into operation; “common law” means the common law of England; “Commonwealth country” and “part of the Commonwealth” have the meaning assigned by Article 160(2) of the Federal Constitution; 14 Laws of Malaysia ACT 388 “Conference of Rulers” means the Majlis Raja-Raja (Conference of Rulers) established by Article 38 of the Federal Constitution; “Consolidated Fund” means the Federal Consolidated Fund established by the Federal Constitution; “Constitution” means the Federal Constitution and includes the Constitutions of the States; “consular officer” means a person exercising consular functions, by whatever name called; “contravene” includes fail to comply with; “court” means a court of competent jurisdiction; “diplomatic officer” means a person exercising diplomatic functions, by whatever name called; “district” means one of the districts into which a State is divided for administrative purposes; “district officer” means the officer for the time being in administrative charge of a district, by whatever n