Malaysia 1957 Constitution (reviewed 2007)

ELEVENTH SCHEDULE. Provisions of the Interpretation and General Clauses Ordinance, 1948 (Malayan Union Ordinance No. 7 of 1948), Applied for Interpretation of the Constitution [Article 160(1)]

Section Subject Matter

2(56): Meaning of “month”- “month” means calendar month according to the Gregorian calendar.

2(61): Meaning of “person” and “party”- “person” and “party” includes any body of persons, corporate or unincorporate.

2(88): Definition of “subsidiary legislation”- “subsidiary legislation” means any Order in Council, proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect.

2(94): Construction of masculine gender- words importing the masculine gender include females.

2(95): Construction of singular or plural- words in the singular include the plural, and words in the plural include the singular

2(96) Meaning of “writing”- “writing” and expressions referring to writing include printing, lithography, typewriting, photography, and other modes of representing or reproducing words or figures in visible form.

2(98) Meaning of “year”- “year” means a year reckoned according to the Gregorian calendar.

7: Forms- Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them.

13: Effect of repeal- Where a written law repeals in whole or in part any other written law, then, unless the contrary intention appears, the repeal shall not-

1. revive anything not in force or existing at the time at which the repeal takes effect; or
2. affect the previous operation of any written law so repealed or anything duly done or suffered under any written law so repealed; or
3. affect any right, privilege, obligation or liability acquired, accrued or incurred under any written law so repealed; or
4. affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any written law so repealed; or
5. affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,

and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the repealing law had not been passed.

21: (Repealed).

23: General provisions with respect to power given to any authority to make subsidiary legislation- Where an Ordinance or Enactment confers power on any authority to make subsidiary legislation, such subsidiary legislation may at any time be amended, varied, rescinded or revoked by the same authority and in the same manner by and in which it was made.

28: Construction of provisions as to exercise of powers and duties-

1) Where a written law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.

2) Where a written law confers a power or imposes a duty on the holder of an office as such, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being or by a person duly appointed to act for him.

29: Power to appoint includes power to dismiss- Where a written law confers upon any person or authority a power to make appointments to any office or place, the power shall, unless the contrary intention appears, be construed as including a power to dismiss or suspend any person appointed and to appoint another person temporarily in the place of any person so suspended or in place of any sick or absent holder of such office or place:

Provided that where the power of such person or authority to make such appointment is only exercisable upon the recommendation or subject to the approval or consent of some other person or authority, such power of dismissal shall, unless the contrary intention appears, only be exercisable upon the recommendation or subject to the approval or consent of such other person or authority.

30: Construction of enabling words- Where a written law confers power on any person to do or enforce the doing of any act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.

32: Official designation to include officer executing duties- When reference is made in any written law, instrument, warrant or process of any kind made or issued by the Yang di-Pertuan Agong, or a Ruler or any body or person having authority under any written law to make or to issue the same to any public officer by the term designating his office, such officer shall include the officer for the time being executing the duties of such office or any portion of such duties.

33: Power of Yang di-Pertuan Agong to provide for execution of duties of public officer during temporary absence or inability-

1) Where by or under any written law any powers are conferred or any duties are imposed upon a public officer, the Yang di-Pertuan Agong or, in the case of a public officer borne on the establishment of a State, the Ruler of that State, may direct that if, during any period, owing to absence or inability to act from illness or any other cause, such public officer is unable to exercise the powers or perform the duties of his office in any place under his jurisdiction or control, such powers shall be had and may be exercised and such duties shall be performed in such place by a person named by, or by a public officer holding the office designated by, the Yang di-Pertuan Agong or Ruler, as the case may be; and thereupon such person or public officer, during any period as aforesaid, shall have and may exercise the powers and shall perform the duties aforesaid subject to such conditions, exceptions and qualifications as the Yang di-Pertuan Agong or Ruler may direct.

2) Without prejudice to the provisions of subsection (1), when a substantive holder of any office is on leave of absence pending relinquishment of his office, it shall be lawful for another person to be appointed substantively in his place.

33C: Powers of a board, etc., not affected by vacancy, etc.- Where by or under any written law any board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless the contrary intention appears, the powers and proceedings of such board, commission, committee or similar body shall not be affected by-

1. any vacancy in the membership thereof;
2. any defect afterwards discovered in the appointment or qualification of a person purporting to be a member thereof; or
3. any minor irregularity in the convening of any meeting thereof.

35: (Repealed).

36: Computation of time- In computing time for the purposes of any written law, unless the contrary intention appears-

1. a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day in which the event happens or the act or thing is done;
2. if the last day of the period is a weekly holiday or a public holiday (which days are in this section referred to as excluded days) the period shall include the next following day not being an excluded day;
3. when any act or proceeding is directed or allowed to be done or taken on a certain day, then, if that day happens to be an excluded day, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being an excluded day;
4. when an act or proceeding is directed or allowed to be done or taken within any time not exceeding six days, excluded days shall not be reckoned in the computation of the time.

38: Provision when no time prescribed- Where no time is prescribed or allowed within which anything shall be done, such thing shall be done with all convenient speed and as often as the prescribed occasion arises.

39: Construction of power of extending time- Where in any written law a time is prescribed for doing any act or taking any proceeding and power is given to a court or other authority to extend such time, unless the contrary intention appears the power may be exercised by the court or other authority although the application for the same is not made until after the expiration of the time prescribed.

40A: Solicitor General to exercise powers of Attorney General-

1) Unless in any written law it is otherwise expressly provided, the Solicitor General may perform any of the duties and may exercise any of the powers of the Attorney General.

2) Where the Yang di-Pertuan Agong or any other person has lawfully delegated his powers to the Attorney General such delegation shall, unless otherwise expressly provided, be deemed to be delegation of powers to both the Attorney General and the Solicitor General.

42: Public officers- A reference in any written law to any public officer by the usual or common title of his office shall, if there be such an office customarily in the Federation or any State and unless the contrary intention appears, be read and construed as referring to the person for the time being holding or carrying out the duties of that office in the Federation or state, as the case may be.

44: Construction of references to laws- In any written law a description or citation of a portion of another written law shall, unless a contrary intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the portion comprised in the description or citation.

46: (Repealed).