SERI PAHLAWAN GAGAH PERKASA (REMEMBRANCE ALLOWANCE) ACT 1990

LAWS OF MALAYSIA _____________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _____________ Act 439 SERI PAHLAWAN GAGAH PERKASA (REMEMBRANCE ALLOWANCE) ACT 1990 As at 1 January 2013 2 SERI PAHLAWAN GAGAH PERKASA (REMEMBRANCE ALLOWANCE) ACT 1990 … … 23 April 1990 Date of publication in the Gazette … … 10 May 1990 Date of Royal Assent … PREVIOUS REPRINTS First Reprint … … … 2001 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 439 SERI PAHLAWAN GAGAH PERKASA (REMEMBRANCE ALLOWANCE) ACT 1990 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation 3. Grant of remembrance allowance 4. Cessation of grant of remembrance allowance 5. Grant to next of kin of recipient where Decoration conferred posthumously 6. Grant to next of kin of recipient who had died before commencement of Act 7. Minister to apportion amounts to be paid 8. Remembrance allowance and sum to be charged on Federal Consolidated Fund 9. Remembrance allowance and sum not assignable, etc. 5 LAWS OF MALAYSIA Act 439 SERI PAHLAWAN GAGAH PERKASA (REMEMBRANCE ALLOWANCE) ACT 1990 An Act to provide for the grant of a remembrance allowance to the recipients of the Decoration of Seri Pahlawan Gagah Perkasa and for matters connected therewith. [11 May 1990] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title 1. This Act may be cited as the Seri Pahlawan Gagah Perkasa (Remembrance Allowance) Act 1990. Interpretation 2. In this Act, unless the context otherwise requires— “child” includes a stepchild and a child adopted, before the death of the recipient, under any written law, custom or usage; “Decoration” means the Decoration of Seri Pahlawan Gagah Perkasa conferred under the Statutes of Seri Pahlawan Gagah Perkasa (S.P.) [G.N. 3150 of 1960]; “Minister” means the Prime Minister; 6 Laws of Malaysia ACT 439 “recipient” means any person who has been conferred the Decoration; “remembrance allowance” means the remembrance allowance granted under subsection 3(1); “spouse” means the widow or widower of a deceased recipient whose marriage is recognized in Malaysia as a valid marriage under any written law, religion, custom or usage. Grant of remembrance allowance *3. (1) There may be granted to a recipient a remembrance allowance of four hundred ringgit per month, and where the Decoration is conferred on such recipient more than once, there may be granted to him a separate remembrance allowance of four hundred ringgit per month in respect of each Decoration conferred on him, such allowance being payable in arrear not earlier than the end of each month. (2) Where the Decoration was conferred before the commencement of this Act and the recipient is living upon such commencement, the remembrance allowance shall be paid retrospectively to the recipient, commencing with the month in which the Decoration was conferred on him, but not earlier, in any case, than the month of June 1983. (3) Where the Decoration is conferred after the commencement of this Act, the remembrance allowance shall be paid to the recipient monthly in arrear, commencing with the month in which the Decoration is conferred on him. Cessation of grant of remembrance allowance 4. (1) The grant of a remembrance allowance shall cease— *NOTE—See sections 4 and 5 of Act A1136 for computation and manner of payment and grant to next of kin of recipient who had died before commencement of Act. Seri Pahlawan Gagah Pekasa (Remembrance Allowance) 7 (a) upon the death of the recipient; (b) upon the recipient being convicted for an offence by a court of law in the Federation and sentenced to death, or to imprisonment for any term otherwise than imprisonment in lieu of payment of fine; or (c) upon cancellation or annullment of the conferment of the Decoration in accordance with section VIII of the Statutes of Seri Pahlawan Gagah Perkasa, and no remembrance allowance shall be paid commencing with the month in which the death takes place, or the sentence is imposed, or the conferment of the Decoration is cancelled or annulled, as the case may be. (1A) For the purposes of subsection (1), the month in which the sentence is imposed means the month in which such sentence is pronounced by the trial court or if there is an appeal against such sentence the month in which such sentence is confirmed on such appeal. (2) If the recipient receives a free pardon in respect of the said conviction, or if the cancelled or annulled Decoration is restored to him, the remembrance allowance shall be restored to him commencing from the month in which the free pardon is received or the restoration of the Decoration is made. Grant to next of kin of recipient where Decoration conferred posthumously 5. (1) Where the Decoration had been conferred posthumously before the commencement of this Act, there may be made a grant of a total sum of twenty thousand ringgit once only— (a) to the spouse or spouses and children of the deceased recipient who are living on the date of the commencement of this Act; 8 Laws of Malaysia ACT 439 (b) if there is on such date no such spouse or child living, to his parents or parent living on such date; or (c) if there is on such date no such parent living, to his grandparents or grandparent living on such date. (2) Where the Decoration is conferred posthumously after the commencement of this Act, there may be made a grant of a total sum of twenty thousand ringgit once only— (a) to the spouse or spouses and children of the deceased recipient who are living on the date of the conferment of the Decoration; (b) if there is on such date no such spouse or child living, to his parents or parent living on such date; or (c) if there is on such date no parent living, to his grandparents or grandparent living on such date. Grant to next of kin of recipient who had died before commencement of Act 6. Where the Decoration was conferred before the commencement of this Act and the recipient had died before such commencement, there may be made a grant of a total sum of twenty thousand ringgit once only— (a) to the spouse or spouses and children of the deceased recipient who are living on the date of the commencement of this Act; (b) if there is on such date no such spouse or child living, to his parents or parent living on such date; or (c) if there is on such date no such parent living, to his grandparents or grandparent living on such date. Seri Pahlawan Gagah Pekasa (Remembrance Allowance) 9 Minister to apportion amounts to be paid 7. The amounts to be paid to the spouse or spouses, children, parents or grandparents, as the case may be, under section 5 or 6 shall be in such proportions as may be determined by the Minister. Remembrance allowance and sum to be charged on Federal Consolidated Fund 8. The remembrance allowances and sums granted under this Act shall be charged on the Federal Consolidated Fund. Remembrance allowance and sum not assignable, etc. 9. Any remembrance allowance or sum granted under this Act shall not be assignable or transferable, or liable to be attached, sequestrated or levied upon in respect of any claim. 10 LAWS OF MALAYSIA Act 439 SERI PAHLAWAN GAGAH PERKASA (REMEMBRANCE ALLOWANCE) ACT 1990 LIST OF AMENDMENTS Amending law Short Title In force from Act A1136 Seri Pahlawan Gagah Perkasa (Remembrance Allowance) (Amendment) Act 2001 28-12-2001 ____________ 11 LAWS OF MALAYSIA Act 439 SERI PAHLAWAN GAGAH PERKASA (REMEBRANCE ALLOWANCE) ACT 1990 LIST OF SECTIONS AMENDED Section Amending authority In force from 3 Act A1136 28-12-2001 4 Act A1136 28-12-2001 _____________