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LAWS OF MALAYSIA
REPRINT

Act 358

DELEGATION OF POWERS
ACT 1956

Incorporating all amendments up to 1 January 2006

PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006

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DELEGATION OF POWERS ACT 1956

First enacted … … … … … … … 1956 (F.M. No. 56 of

1956)

Revised ... … … … … … … … 1988 (Act 358 w.e.f.

1 December 1988)

PREVIOUS REPRINT

First Reprint … … … … … 2001

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LAWS OF MALAYSIA

Act 358

DELEGATION OF POWERS ACT 1956

ARRANGEMENT OF SECTIONS

P ART I

INTRODUCTORY

Section

1. Short title and application

2. Interpretation

P ART II

DELEGATION

3. Power of Yang di-Pertuan Agong to delegate powers and duties

4. (Omitted)
5. Power of Minister to delegate powers and duties by notification in the
Gazette
6. Exercise of powers by subordinates of Ministers or Chief Ministers
7. Ratification of acts, orders and directions done by subordinates in the
name and on behalf of a Minister or Chief Minister
8. Power of Ruler and Ruler in Council or Yang di-Pertua Negeri in
Council to delegate powers and duties
9. Power of Chief Minister to delegate powers and duties by notification
in the Gazette
10. (Omitted)
11. No delegation of power to make regulations
12. Exercise of powers notwithstanding delegation

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PART III

SIGNIFICATION OF ACTS

Section

13. Signification of discretionary acts of the Yang di-Pertuan Agong

14. Signification of orders, etc., of, and signing of documents by, the Yang
di-Pertuan Agong
15. Signification of orders, etc., of, Ruler in Council or Yang di-Pertua
Negeri in Council
16. Signification of orders, etc., of, and signing of documents by, a Ruler
or Yang di-Pertua Negeri
17. Signification of orders, etc., of, and signing of documents by, a Minister
or Chief Minister
18. Signification of orders, etc., and signing of documents by other persons
19. Proclamation and warrant to be under hand of Yang di-Pertuan Agong,
Ruler or Yang di-Pertua Negeri
19 A. Existing delegations

P ART IV

REPEAL AND VALIDATION

20. Repeal and validations

S CHEDULE

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LAWS OF MALAYSIA

Act 358

DELEGATION OF POWERS ACT 1956

An Act relating to the delegation of certain statutory powers and

duties and the signing of certain documents.

[Peninsular Malaysia—20 December 1956, L.N. 359/1956;

Sabah and Sarawak—22 October 1964, L.N. 360/1964]

PART I

INTRODUCTORY

Short title and application

1. This Act may be cited as the Delegation of Powers Act 1956,

and shall have effect throughout Malaysia.

Interpretation

2. (1) For the purposes of Part II the expression “written law”

does not include the Federal Constitution.

(2) In this Act “Deputy Minister” means a person who has been
appointed to be a Deputy Minister under Article 43A of the Federal
Constitution.

PART II

DELEGATION

Power of Yang di-Pertuan Agong to delegate powers and duties

3. Where by any written law the Yang di-Pertuan Agong is

empowered to exercise any powers or perform any duties, he may,
subject to section 11, by notification in the Gazette, delegate subject
to such conditions and restrictions as may be prescribed in such
notification the exercise of such powers or the performance of
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such duties to any person described by name or office.
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4. (Omitted).

Power of Minister to delegate powers and duties by notification

in the Gazette

5. Where by any written law a Minister is empowered to exercise

any powers or perform any duties, he may, subject to section 11,
by notification in the Gazette delegate subject to such conditions
and restrictions as may be prescribed in such notification the
exercise of such powers or the performance of such duties to any
person described by name or office.

Exercise of powers by subordinates of Ministers or Chief

Ministers

6. (1) Subject to section 11 and of any written law expressly to

the contrary all acts, orders or directions which could lawfully be
done or given, in the exercise of any power or in the performance
of any duty conferred or imposed by any written law, by a Minister
or the Chief Minister of a State may, subject to any directions
given by him be validly and effectually done or given on his behalf
and in his name by any officer under his administrative control and
expressly or impliedly authorized by him generally or specially
thereto or in the case of a Minister be done or given on his behalf
and in his name by a Deputy Minister.

(2) A certificate in writing purporting to be under the hand of

a Minister or Chief Minister personally that any person was at the
material date an officer under his administrative control or that
any such officer was expressly or impliedly authorized by him to
do or give a certain act, order or direction shall be conclusive
evidence of the facts stated in such certificate.

Ratification of acts, orders and directions done by subordinates

in the name and on behalf of a Minister or Chief Minister

7. Where any act, order or direction has been done or given by

any officer in good faith and purporting to act in the name and on
behalf of a Minister or the Chief Minister of a State but without
being authorized thereto and such act, order or direction could
have lawfully been done or given by such officer by virtue of
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section 6 if he had been so authorized, Haida & Co or Chief
Minister
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Minister, as the case may be, may ratify the doing or giving of
such act, order or direction and thereupon the same shall have
effect as if at the date on which such act, order or direction was
so done or given such officer had been duly authorized thereto:

Provided that such ratification shall not have effect to expose

any person to any claim for damages or to any penalty, forfeiture
or punishment to which he would not have been otherwise exposed
in respect of any matter which occurred before the date on which
such ratification was brought to his notice or on which written
notice of such ratification was first published in the Gazette, whichever
was the earlier.

Power of Ruler and Ruler in Council or Yang di-Pertua Negeri

in Council to delegate powers and duties

8. Where by any written law the Ruler or Ruler in Council or

Yang di-Pertua Negeri in Council of any State is empowered to
exercise any powers or perform any duties, he may, subject to
section 11, by notification in the Gazette delegate subject to such
conditions and restrictions as may be prescribed in such notification
the exercise of such powers or the performance of such duties to
any person described by name or office.

Power of Chief Minister to delegate powers and duties by

notification in the Gazette

9. Where by any written law the Chief Minister of any State is

empowered to exercise any powers or perform any duties, he may
subject to section 11, with the approval of the Ruler or Yang di-
Pertua Negeri of such State by notification in the Gazette, delegate
subject to such conditions and restrictions as may be prescribed
in such notification the exercise of such powers or the performance
of such duties to any person described by name or office.

10. (Omitted).

No delegation of power to make regulations

11. Nothing in this Part shall apply to any power to make regulations
conferred upon any person by any written law.
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Exercise of powers notwithstanding delegation

12. No delegation under this Act of any power or duty shall

affect the exercise of such power or the performance of such duty
by the Yang di-Pertuan Agong, the Ruler, the Ruler in Council, the
Yang di-Pertua Negeri, the Yang di-Pertua Negeri in Council, a
Minister or Chief Minister, as the case may be.

PART III

SIGNIFICATION OF ACTS

Signification of discretionary acts of the Yang di-Pertuan Agong

13. Where by any written law power is given to the Yang di-
Pertuan Agong to act in his discretion, then it shall be sufficient,
unless it is otherwise expressed, for such act to be signified under
the hand of the Private Secretary to His Majesty, the Keeper of
the Rulers’ Seal or of such other person as may by notification in
the Gazette be designated in that behalf either generally or specially
by the Yang di-Pertuan Agong.

Signification of orders, etc., of, and signing of documents by,

the Yang di-Pertuan Agong

14. Where by any written law other than the written law referred
to in section 13 power is given to the Yang di-Pertuan Agong to
make any regulation or order or give any direction, approval,
permission or consent, or where any document is required to be
under the hand of, or signed or countersigned by, the Yang
di-Pertuan Agong, it shall be sufficient, unless it is otherwise
expressed, for such regulation, order, direction, approval, permission,
consent or document to be signified under the hand of, or signed
or countersigned by, a Minister or the Secretary to the Cabinet or
such other officer as may by notification in the Gazette be designated
in that behalf, either generally or specially, by the Yang di-Pertuan
Agong.

Signification of orders, etc., of Ruler in Council or Yang

di-Pertua Negeri in Council

15. Where by any written law power is given to the Ruler in

Council or Yang di-Pertua Negeri in Council of any State to make
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any regulation or order or give any direction, & Co
approval, permission
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or consent it shall be sufficient, unless it is otherwise expressed,
for such regulation, direction, approval, permission or consent to
be signified under the hand of the Clerk of the State Executive
Council or such other person as may by notification in the Gazette
be designated in that behalf either generally or specially by the
Ruler in Council or Yang di-Pertua Negeri in Council of such
State.

Signification of orders, etc., of, and signing of documents by,

a Ruler or Yang di-Pertua Negeri

16. Where by any written law any power is given to the Ruler
or Yang di-Pertua Negeri of any State to make any regulation or
order or give any direction, approval, permission or consent or
where any document is required by any such law to be under the
hand of, or signed or countersigned by, the Ruler or Yang di-Pertua
Negeri of any State, it shall be sufficient, unless it is otherwise
expressed, for such regulation, order, direction, approval, permission,
consent or document to be signified under the hand of, or signed
or countersigned by, the Chief Minister of such State.

Signification of orders, etc., of, and signing of documents by,

a Minister or Chief Minister

17. (1) Where by any written law power is given to a Minister

or the Chief Minister of a State to make any regulation or order
or give any direction, approval, permission or consent, or where
any document is required to be under the hand of, or signed or
countersigned by, such Minister, Chief Minister it shall be sufficient,
unless it is otherwise expressed, for such regulation, order, direction,
approval, permission, consent or document to be signified under
the hand of, or signed or countersigned by, any officer under the
administrative control or direction of such Minister or Chief Minister
as the case may be and expressly or impliedly authorized by him
by name or office in that behalf or in the case of a Minister under
the hand of or signed or countersigned by a Deputy Minister.

(2) A certificate in writing purporting to be under the hand of

the Minister or Chief Minister personally that any person was at
the material date an officer under his administrative control or that
any such officer was expressly or impliedly authorized by him to
signify, sign or countersign a certain regulation, order, direction,
approval, permission, consent or document shall be conclusive
evidence of the facts stated in Adam Haida & Co
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(3) Where any such regulation, order, direction, approval,
permission, consent or document has been signified, signed or
countersigned by any officer not authorized in that behalf the
Minister or Chief Minister concerned as the case may be may
ratify such signification, signature or countersignature and thereupon
the same shall have effect as if at the date on which such signification,
signature or countersignature was effected or affixed by such officer
he had been duly authorized thereto.

Signification of orders, etc., and signing of documents by other

persons

18. (1) Without prejudice to the generality of section 17, where,

by any written law, power is given to any of the persons mentioned
in the first column of the Schedule to make any regulation or order
or give any direction, approval, permission or consent, or where
any document is required to be under the hand of, or signed by
such person it shall be sufficient, unless it is otherwise expressed,
for such regulation, order, direction, approval, permission, consent
or document to be signified under the hand of, or signed or
countersigned by, the person mentioned in the second column of
the said Schedule or such officer as may be designated in that
behalf, either generally or specially, by the person mentioned in
the first column of the said Schedule by notification in the Gazette.

(2) The Yang di-Pertuan Agong may, after reference to the Ruler
in Council or Yang di-Pertua Negeri in Council of any State concerned,
by order, delete from, vary, or add to the said Schedule.

Proclamation and warrant to be under hand of Yang di-Pertuan

Agong, Ruler or Yang di-Pertua Negeri

19. Nothing in this Act shall authorize the issue of any proclamation
or warrant except under the hand of the Yang di-Pertuan Agong
or of the Ruler or Yang di-Pertua Negeri of any State himself.

Existing delegations

19A. Any delegation made by the High Commissioner or Chief

Secretary under this Act, including any delegation made by the
High Commissioner or Chief Secretary and continued in force by
this Act, shall have effect as if the same had been made on
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31 August 1957 to the person described Haida
therein & Co or office:
by name
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Provided that any delegation so made to the Chief Secretary
shall have effect as if the same had been made by the Yang di-
Pertuan Agong to the Minister charged with responsibility for the
matters to which the delegated power relates.

PART IV

REPEAL AND VALIDATION

Repeal and validations

20. (1) The Delegation of Powers Ordinance 1952 [Ord. 75 of

1952], is repealed:

Provided that any delegation made or continued in force under

the Delegation of Powers Ordinance 1952, shall be deemed to have
been made under this Act and shall continue in force until revoked
or superseded by notification under this Act.

(2) Any regulation, order, direction, approval, permission, consent

or document made by the High Commissioner in Council or the
Ruler in Council of any State before the coming into force of this
Act, signified under the hand of, or signed or countersigned by,
the person for the time being performing the duties of clerk of the
Federal Executive Council, a State Executive Council or the
Settlement Executive Council of a Settlement, as the case may be,
shall be deemed to have been validly signified, signed or 2
countersigned.

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SCHEDULE

[Section 18]

(1) (2)

Chief Secretary Deputy Chief Secretary

Minister Secretary to Minister
Menteri Besar Deputy Menteri Besar
State Secretary

Resident Commissioner Settlement Secretary

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LAWS OF MALAYSIA

Act 358

DELEGATION OF POWERS ACT 1956

LIST OF AMENDMENTS

Amending law Short title In force from

L.N. (N.S.) 1/1957 Federal Constitution (Modification 31-08-1957

of Laws) Order 1957

L.N. (N.S.) 56/1957 Corrigendum to L.N. (N.S.) 1/1957 31-10-1957

Act 5/1960 Assistant Ministers Act 1960 13-10-1959

Act A31 Constitution (Amendment) 24-03-1971

(No. 2) Act 1971

Act A354 Constitution (Amendment) 27-08-1976

Act 1976

Act 237 Members of Parliament 01-07-1980

(Remuneration) Act 1980

P.U. (A) 253/1989 Revision of Laws (Delegation of 01-12-1988

Powers) Order 1989

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LAWS OF MALAYSIA

Act 358

DELEGATION OF POWERS ACT 1956

LIST OF SECTIONS AMENDED

Section Amending authority In force from

Effective date P.U. (A) 253/1989 01-12-1988

2 Act 5/1960 13-10-1959

Act A31 24-03-1971
Act 237 01-07-1980

6 Act A31 24-03-1971

8 Act A354 27-08-1976

9 Act A354 27-08-1976

12 Act A354 27-08-1976

15 Act A354 27-08-1976

16 Act A354 27-08-1976

17 Act A31 24-03-1971

18 Act A354 27-08-1976

19 Act A354 27-08-1976

Throughout the L.N (N.S.) 1/1957 31-08-1957

Act L.N (N.S.) 56/1957 31-10-1957

DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,

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BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

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