ELECTION COMMISSION ACT 1957

Election Commission LAWS OF MALAYSIA REPRINT Act 31 ELECTION COMMISSION ACT 1957 As at 1 December 2016 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2016 1 2 Act 31 Laws of Malaysia ELECTION COMMISSION ACT 1957 First enacted … … … 1957 (Ordinance No. 76 of 1957) Revised … … … 1970 (Act 31 w.e.f. 1 July 1971) National language text to be authoritative … … … P.U. (B) 501/1994 Latest amendment made by P.U. (A) 196/2014 which came into operation on … … … 1 June 2014 Previous Reprints First Reprint … … … … … 1993 Second Reprint … … … … … 1999 Third Reprint … … … … … 2004 Fourth Reprint … … … … … 2006 Fifth Reprint … … … … … 2009 Election Commission 3 LAWS OF MALAYSIA Act 31 ELECTION COMMISSION ACT 1957 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Remuneration 3. Provision against double salary 4. Charge of salary 5. Certain communications to be privileged 6. Protection of members 7. Members, officers and servants of Commission deemed public servants 8. Giving false information to Commission 9. Unauthorized publication and disclosure of information 10. Influencing or attempting to influence Commission 11. Consent of Public Prosecutor to prosecutions 12. Schedule may be amended by regulations Schedule 4 Laws of Malaysia Act 31 Election Commission 5 LAWS OF MALAYSIA Act 31 ELECTION COMMISSION ACT 1957 An Act to make provision for the remuneration, privileges and protection of members of the Election Commission, for the punishment of offences in connection with the Election Commission, and for other matters connected with it. [Peninsular Malaysia, *Federal Territory of Putrajaya—31 August 1957, Ord. No. 76/1957; Sabah, **Federal Territory of Labuan —20 May 1965, L.N. 202/1965; Sarawak—25 April 1966, P.U. 273/1966] Short title 1. This Act may be cited as the Election Commission Act 1957. Remuneration 2. (1) The remuneration of members of the Election Commission shall consist of the salary or fixed allowance, allowances and privileges prescribed in the Schedule. (2) The salary or fixed allowance of each member of the Election Commission shall— (a) commence from the date of his appointment; (b) accrue from day to day; and *NOTE—see section 6 of Act A1095. **NOTE—see section 6 of Act A585. 6 Laws of Malaysia Act 31 (c) be payable monthly on the last day of each month or on such other day as the Treasury may from time to time determine. Provision against double salary 3. A person to whom salary is payable under this Act or for whose salary as the holder of any other office provision is made by any other written law shall be entitled to receive only one such salary, but if he is the holder of two or more offices in respect of which salary is so payable and there is a difference in the salaries payable in respect of those offices, the office in respect of which salary is payable to him shall be that in respect of which the highest salary is payable. Charge of salary 4. The sum required for the remuneration payable under this Act shall be charged on the Consolidated Fund. Certain communications to be privileged 5. No person shall in any legal proceedings be permitted or compelled to produce or disclose any communication written or oral which has taken place between the Election Commission or any member of the Commission and the Government or any Minister or public officer or any communication between members of the Election Commission in exercise of or in connection with the exercise of the functions of the Commission unless the Yang di-Pertuan Agong shall in writing consent to such production or disclosure. Protection of members 6. Every member of the Election Commission shall have the like protection and privileges in case of any action or suit brought against him for any act done or omitted to be done by him when acting in the execution of his office as is by law given to a Magistrate acting in the execution of his office. Election Commission 7 Members, officers and servants of Commission deemed public servants 7. Every member, officer and servant of the Election Commission shall be deemed to be a public servant within the meaning of the Penal Code [Act 574]. Giving false information to Commission 8. Any person who, in connection with the exercise by the Election Commission of any of its functions, wilfully gives to the Commission or to any member thereof or to any person or body of persons appointed by the Commission to assist in the exercise of its functions any information which is false or misleading in any material particular shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both. Unauthorized publication and disclosure of information 9. (1) No member of the Election Commission nor any other person shall, without the written permission of the Yang diPertuan Agong, publish or disclose to any unauthorized person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which has come to his knowledge in the course of his duty as a member in respect of any matter relating to the exercise by the Commission of any of its functions, and any person who knowingly acts in contravention of this subsection shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both. (2) If any person having possession of any information which to his knowledge has been disclosed in contravention of this section publishes or communicates the information to any person otherwise than for the purpose of a prosecution under this Act, he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding one year or to both. 8 Act 31 Laws of Malaysia Influencing or attempting to influence Commission 10. Any person who, otherwise than in the course of his duty, directly or indirectly by himself or by any other person in any manner whatsoever influences or attempts to influence any decision of the Election Commission or any member thereof shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding two years or to both: Provided that nothing in this section shall prohibit any person from supplying any information or assistance upon formal request made by the Commission. Consent of Public Prosecutor to prosecutions 11. A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor. Schedule may be amended by regulations 12. The Yang di-Pertuan Agong may by regulations amend the Schedule. Schedule [Section 2] 1. Salary: Chairman RM18,891.29 per month Deputy Chairman RM16,868.35 per month Election Commission 9 Fixed Allowance: Members RM14,587.54 per month Acting Allowance: (a) In the event of the Deputy Chairman or any member performing the functions of the Chairman or Deputy Chairman during a period exceeding twenty-eight days, he shall be entitled to an acting allowance, equivalent to the difference between his salary or fixed allowance, as the case may be, and the salary of the position he is acting in. (b) The Deputy Chairman or any member who has been asked to perform the functions of the Chairman for the second or subsequent time shall be entitled to an acting allowance, if he performs the functions for a period exceeding fourteen days, including public holidays. 2. Subsistence Allowances (Domestic): (a) on outstation duty for a period of twenty-four hours and above: Chairman equivalent to a member of the public service in Premier/Special Grade “A” and above on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B” on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. Members equivalent to a member of the public service in Premier/Special Grade “C” on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. (b) on outstation duty for a period exceeding eight hours but less than twenty-four hours the rates shall be half the rates in subparagraph (a). 10 Laws of Malaysia Act 31 3. Hotel Accommodation Expenses and Lodging (Domestic): 4. Chairman equivalent to a member of the public service in Premier/Special Grade “A” and above on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. Deputy Chairman equivalent to a member of the public service in Premier/Special Grade “B” on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. Members equivalent to a member of the public service in Premier/Special Grade “C” on such terms and conditions as stipulated in Treasury Circular No. 3 of 2003 or as may be determined by the Treasury from time to time. Allowance for Travelling Using Own Vehicle: (travelling from house to office and vice versa excepted) A member of the Commission using his own vehicle to carry out his official duty outside the headquarters is entitled to claim travelling allowance on such terms and conditions as stipulated in *Treasury Circular No. 3 of 2003 and Treasury Circular No. 6 of 2001 or as may be determined by the Treasury from time to time. 5. Medical Facilities: Free outpatient treatment for the Chairman, Deputy Chairman and members, their spouses and children but in case of hospitalization daily ward charges are payable according to rates chargeable for Division I officers except where hospitalization is as a result of injuries sustained in the course of duty. Where the Chairman, Deputy Chairman or member is a pensioner he may opt for the medical facilities available to pensioners. “Child” means any dependant child below 21 years of age of the Chairman, Deputy Chairman or member, or any dependant child pursuing a first degree in an institution of higher learning and includes a child who is mentally retarded or physically handicapped in which case the age limit shall not apply. It shall also include a stepchild or a child adopted under any recognized law or custom. *NOTE—Treasury Circular No. 3 of 2003 has replaced Treasury Circular No. 2 of 1992. 11 Election Commission 6. Leave: (a) Thirty days vacation leave in respect of each completed year of service with the Commission shall be granted; (b) a member may carry forward the vacation leave which he is unable to finish on that particular year to the next succeeding year of his term of office; and (c) a member may apply for special leave to perform the Haj on condition that he has not used this privilege while in the public service and subject to other terms and conditions as may be determined by the Government from time to time. 7. Monthly Housing Allowance: Furnished Class “B” or “C” quarters shall be provided free of charge or if not living in quarters, housing allowance at the following rates shall be payable: 8. Chairman RM2,500 Deputy Chairman RM1,600 Members RM1,300 Gratuity: A gratuity at the rate of 17½%–12% Employees Provident Fund (EPF) contribution x number of completed months of service x the last month’s basic salary after deducting the employer’s contribution to the EPF shall be paid— (a) on the expiry of the term of appointment of the member but where a member is appoin