PANGLIMA GAGAH BERANI (REMEMBRANCE ALLOWANCE) ACT 2001

LAWS OF MALAYSIA _________ ONLINE VERSION OF UPDATED TEXT OF REPRINT _________ Act 616 PANGLIMA GAGAH BERANI (REMEMBRANCE ALLOWANCE) ACT 2001 As at 1 December 2011 2 PANGLIMA GAGAH BERANI (REMEMBRANCE ALLOWANCE) ACT 2001 Date of Royal Assent … … … 22 December 2001 Date of publication in the Gazzette … 27 December 2001 Latest amendment made by Act A1360 which came into operation on … … … 1 July 2009 PREVIOUS REPRINTS First Reprint … … … 2002 Second Reprint … … … 2006 3 LAWS OF MALAYSIA Act 616 PANGLIMA GAGAH BERANI (REMEMBRANCE ALLOWANCE) ACT 2001 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 is conferred posthumously 6. Grant to next-of-kin of recipient who had died before commencement of Act 7. Prime Minister to apportion amount to be paid 8. Remembrance allowance and sum to be charged to the Federal Consolidated Fund 9. Remembrance allowance and sum not assignable, etc. 5 LAWS OF MALAYSIA Act 616 PANGLIMA GAGAH BERANI (REMEMBRANCE ALLOWANCE) ACT 2001 An Act to provide for the grant of a remembrance allowance to the recipients of the Decoration of Panglima Gagah Berani and for matters connected therewith. [28 December 2001] ENACTED by the Parliament of Malaysia as follows: Short title 1. This Act may be cited as the Panglima Gagah Berani (Remembrance Allowance) Act 2001. Interpretation 2. In this Act, unless the context otherwise requires— “child” includes a step-child and a child adopted by the recipient under any written law relating to adoption, or under any custom or usage; “Decoration” means the Decoration of Panglima Gagah Berani conferred under the Statutes of Panglima Gagah Berani (P.G.B.) [G.N. 3151/1960]; “remembrance allowance” means the remembrance allowance granted under subsection 3(1); 6 Laws of Malaysia ACT 616 “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; “recipient” means a person who has been conferred the Decoration. Grant of remembrance allowance 3. (1) There may be granted to a recipient of a Decoration a remembrance allowance of one thousand and five hundred ringgit a month, and where the Decoration is conferred on such recipient more than once, there may be granted to him a separate remembrance allowance of one thousand and five hundred ringgit a month in respect of each Decoration conferred on him. (2) The remembrance allowance shall be payable in arrear no earlier than the end of each month. (3) 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. (4) Where the Decoration is conferred on or after the commencement of this Act, the remembrance allowance shall be paid to the recipient 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— (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 Panglima Gagah Berani (Remembrance Allowance) 7 to imprisonment for any term imprisonment in lieu of a fine; or than otherwise (c) upon the cancellation or annulment of the conferment of the Decoration in accordance with section VIII of the Statutes of Panglima Gagah Berani. (2) No remembrance allowance shall be paid commencing with the month in which the death of the recipient takes place, or the sentence is imposed on the recipient, or the conferment of the Decoration is cancelled or annulled, as the case may be. (3) For the purposes of subsection (2), the month in which the sentence is imposed means the month in which the 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. (4) If the recipient receives a free pardon in respect of such 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 Decoration is restored. Grant to next-of-kin of recipient where Decoration is conferred posthumously 5. (1) Where the Decoration has been conferred posthumously before the commencement of this Act, there may be made a grant of a total sum of fifteen 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 on the date of the commencement of this Act no spouse or child of the deceased recipient is living, to the parents or parent of the deceased recipient who are or is living on such date; or 8 Laws of Malaysia ACT 616 (c) if on the date of the commencement of this Act no spouse, child or parent of the deceased recipient is living, to the grandparents or grandparent of the deceased recipient who are or is 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 fifteen 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 on the date of the conferment of the Decoration no spouse or child of the deceased recipient is living, to the parents or parent of the deceased recipient who are or is living on such date; or (c) if on the date of the conferment of the Decoration no spouse, child or parent of the deceased recipient is living, to the grandparents or grandparent of the deceased recipient who are or is 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 the date of such commencement, there may be made a grant of a total sum of fifteen 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 on the date of the commencement of this Act no spouse or child of the deceased recipient is living, to the parents Panglima Gagah Berani (Remembrance Allowance) 9 or parent of the deceased recipient who are or is living on such date; or (c) if on the date of the commencement of this Act no spouse, child or parent of the deceased recipient is living, to the grandparents or grandparent of the deceased recipient who are or is living on such date. Prime Minister to apportion amount to be paid 7. The amount 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 Prime Minister. Remembrance allowance and sum to be charged to the Federal Consolidated Fund 8. The remembrance allowance and sums granted under this Act shall be charged to 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, transferable, liable to be attached, sequestrated or levied upon in respect of any claim. 10 LAWS OF MALAYSIA Act 616 PANGLIMA GAGAH BERANI (REMEMBRANCE ALLOWANCE) ACT 2001 LIST OF AMENDMENTS Amending law Short Title In force from Act A1360 Panglima Gagah Berani (Remembrance Allowance) (Amendment) Act 2009 01-07-2009 11 LAWS OF MALAYSIA Act 616 PANGLIMA GAGAH BERANI (REMEMBRANCE ALLOWANCE) ACT 2001 LIST OF SECTIONS AMENDED Section Amending authority In force from 3 Act A1360 01-07-2009