Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694843457127.pdf (Malaysia)
ELECTION COMMISSION ACT 1957 (REVISED - 1970) 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 ofLabuan** -20 May 1965, L.N.

202/1965; Sarawak-25 April 1966, P.D.

273/1966] 1.
273/1966] 1.

Short title This Act may be cited as the Election Commission Act 1957.

2.

Remuneration (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 (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.

3.
Provision against double salary 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.
4.

Charge of salary The sum required for the remuneration payable under this Act shall be charged on the Consolidated Fund.

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Protection of members 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 proper and lawful execution of his office as is by law given to a Magistrate acting in the execution of his office.

7.
7.

Members, officers and servants of Commission deemed public servants Every member, officer and servant of the Election Commission shall be deemed to be a public servant within the meaning ofthe Penal Code [Act 574].

8.
Giving false information to Commission 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 infonnation 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.
9.
Unauthorized publication and disclosure of information (1) No member of the Election Commissio'n nor any other person shall, without the written permission of the Yang di-Pertuan 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 infonnation whatsoever which has come to his knowledge in the course of his duty as a member in respect ofany matter relating to the exercise by the Commission ofany of its functions, and any person who Imowingly 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 tenn 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 infonnation 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.

10.
Influencing or attempting to influence Commission Any person who, otherwise than in the course of his duty, directly or indirectly by himself or by any other person in any marmer 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 tenn not exceeding two years or to both: Provided that nothing in this section shall prohibit any person from supplying any information or assistance upon fonnal request made by the Commission.
11.

Consent of Public Prosecutor to prosecutions L.A prosecution under this Act shall not be instituted except by or with the consent of the Public Prosecutor.

, 2 12.

Schedule may be amended by regulations The Yang di-Pertuan Agong may by regulations amend the Schedule.

SCHEDULE [Section 2] 1.

SALARY: Chairman RMI2,523.75 per month Deputy Chainnan RMI0,270.05 per month [Am.

P.U.

(A)118/2010] FIXED ALLOWANCE: Members RM6,379.64 per month [Am.

P.U.
P.U.

(A) 416/2007] 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 Chainnan or any member who has been asked to perfonn 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 in Premier/Special Grade "A" and above on such terms and conditions as stipulated in Treasury Circular No.3 0[2003* or as may be determined by the Treasury from time to time.
to a member of the public equivalent service 3 , Deputy Chairman and members equivalent to a member of the public service in category I with a salary of RM4794.02 to 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.
(b) equivalent to a member of the public service in category I with a salary of RM4794.02 to Premier/Special Grade "B" on such terms and conditions as stipulated in Treasury Circular No.3 Of2003 or as may be determined by the Treasury fi'om time to time.

3.

HOTEL ACCOMMODATION EXPENSES AND LODGING (DOMESTIC): in Chairman Premier/Special Grade "A" and above on such terms and conditions as stipulated in Treasury Circular No.3 Of2003 or as may be determined by the Treasury from time to time.
a member of equivalent service public the to equivalent to a member of the public service in category I Deputy Chairman and members with a salary ofRM4794.02 to Premier/Special Grade "B" on such terms and conditions as stipulated in Treasury Circular No.3 Of2003 or as may be determined by the Treasury from time to time.

4.
4.

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 Of2003 and Treasury Circular No.6 Of2001 or as may be determined by the Treasury fi'om time to time.

5.
5.

MEDICAL FACILITIES: their spouses and Free outpatient treatment for the Chairman, Deputy Chairman and members, 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.

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 ofoffice; and (c) a member may apply for special leave to perform the Raj 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 nC ll quarters shall be provided free of charge or if not living in quarters housing allowance at the following rates shall be payable: 4 Chairman RM2,500 [Am.

P.U.

(A) 11812010] Deputy Chairman RMI,600 [Am.

P.U.

(A) 11812010] Members RM900 8.
GRATUITY: A gratuity at the rate of 17.50/0-12% 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 ofthe-term of appointment of the member but where a member is appointed for more than one term he may opt either to be paid at the end of each term or until he has completed all the tenus (in either case he is entitled to exemption from income tax only once); or (b) to such of his dependants as may be detennined by the Yang di-Pertuan Agong or if there are no dependants, to his personal representative, ifhe dies while holding office.
9.

ADVANCE TO PURCHASE MOTOR VEHICLES: (payable within the term of office ofthe member during which the advance is given on such terms and conditions as stipulated in the Treasury Circular or Circular Letter for Advance To Purchase Motor Vehicles for members of the public services or as may be determined by the Treasury from time to time).

Chairman and Deputy Chairman RM70,000 [Am.

P.U.

(A) 11812010] Members RM55,000 10.


DRlVER'SALLOWANCE: Chairman and Deputy Chairman the public service, the salary is based on Grade RIO of the New Remuneration System.

provided with a driver or if the driver employed is not from [Am.

P.U.

(A) 11812010] equivalent to a member of the public service in category I Members with a salary of RM4794.02 to Special Grade "B" on such terms and conditions as stipulated in Treasury Circular No.3 Of2003 or as may be determined by the Treasury from time to time.
[Am.

P.U.

(A) 11812010] II.

AIR TRAVEL: ("domestic" means flights within and to and from Brunei, Kalimantan, Malaysia, Singapore and Thailand (from Phuket southwards).

Chairman, Deputy Chairman and members First Class (non-domestic and domestic) 5 12.

MONTIILY ENTERTAINMENT ALLOWANCE: Chainnan RM5,000 Deputy Chairman RM3,050 [Am.

P.U.

(A) 118/2010] Members RM800 13.


OFFICIAL CAR: The Chairman and Deputy Chairman shall be provided with an official car as may be determined by the Treasury from time to time.

14.

TRAVELLING ELIGIBILITY WHEN REPORTING FOR DUTY: A member ofthe Commission is entitled to-- (a) claim air fare based on his eligibility when travelling to report for duty; (b) air fare for the spouse and any child under the age of 21 years old; and (c) transfer allowance to his home state when his term of office expires.
15.

SUBSTITUTION ALLOWANCE: A member of the Commission is entitled to substitution allowance when using his own car for carrying out official functions outside headquarters subject to terms and conditions as may be determined by the Treasury fi'om time to time.

16.

ADVANCE: When carrying out official functions outside headquarters, a member of the Commission is entitled to an advance subject to the tenns and conditions as may be determined by the Treasury from time to time.

17.
17.

MISCELLANEOUS EXPENSES: When travelling to carry out official functions, the following miscellaneous expenses incurred shall be reimbursed: (a) telephone, telegram or postal charges incurred in respect ofthe official functions; (b) laundry expenses (to be supported by receipts) incurred during hotel stay of more than three days; and (c) parking, toll and ferry charges (to be supported by receipts).

18.

HOUSE UPKEEP ALLOWANCE: Chairman RM3,000 per year [Am.
P.U(A) 118/2010] 6 Deputy Chairman RM2,000 per year 19.

SERVANTS' ALLOWANCE: Chairman RMIOOO per month [Am.

P.U.

(A) 118/2010] Deputy Chairman RM500 per month 20.

WATER AND ELECTRICITY CHARGES: The Chairman shall be entitled to free water and electricity.

21.
21.

OFFICIAL DUTY OUTSIDE MALAYSIA: (a) Subsistence Allowances Chairman in Premier/Special Grade "An and above 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 detennined by the Treasury from time to time.
a member of the public equivalent service to equivalent to a member of the public service in Deputy Chairman and members category I with a salary of RM4794.02 to Premier/ Special Grade "B" 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.
(b) Hotel Accommodation Expenses and Lodging in Chairman Premier/Special Grade" An and above 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.
a member of the public equivalent service to equivalent to a member of the public service in Deputy Chairman and members category I with a salary of RM4794.02 to Premier/ Special Grade "B II 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.
(c) Miscellaneous Expenses When carrying out official duty outside Malaysia, a member of the Commission is entitled to claim miscellaneous expenses on such terms and conditions as stipulated in Treasury Circular No.

3 Of2003 or as may be determined by the Treasury from time to time.
(d) Warm Clothing Allowance When required to carry out official duty in countries of temperate climate, a member of the Commission is eligible to claim Warm Clothing Allowance on such tenus and conditions as stipulated in Treasury Circular No.3 Of2003 or as may be determined by the Treasury from time to time.

7 , , 22.
7 , , 22.

EX-GRATIA SCHEME FOR WORK DISASTER: A member of the Commission involved in an accident or injured while on official duty is entitled to receive benefit on such terms and conditions as stipulated in Treasury Circular No.7 Of 2001 or as may be determined by the Treasury fi'om time to time.

LIST OF AMENDMENTS.

Amending law Short title L.N.202/65 Modification of Laws (Election Commission) (Extension to Sabah) Order 1965 L.N.246/65 Corrigendum to L.N.
202/1965 17~6-1965 III force from 20.5.1965 17.6.1965 P.U.273/66 Modification of Laws (Election Commission) (Extension to Sarawak) Order 1966 25.4.1966 Act AI50 ActAI65 Election Commission (Amendment) Act 1972 1-1-1972 Election Commission (Amendment) Act 1973 1-1-1972 ActA214 Election Commission (Amendment) (No.2) Act 1973 ActA469 Election Commission (Amendment) Act 1979 1-7-1977 P.U.
(A) 97/81 Election Commission (Amendment of Second Schedule) Regulations 1981 ActA510 ActA524 Election Commission (Amendment) Act 1981 1-7-1980 Election Commission (Amendment) Act 1981 15-5-1981 P.U.

(A) 314/81 Election Commission (Amendment of Schedule) Regulations 1981 P.U.

(A) 427/89 Election Commission (Amendment of Schedule) Regulations 1989 P.U.

(A) 79/92 Election Commission (Amendment of Schedule) Regulations 1992 P.U.

(B) 501/94 National Language Act 1963/67 P.U.


(A)331/96 Election Commission (Amendment of Schedule) Regulations 1996 P.U.

(A) 599/96 Election Commission (Amendment of Schedule) (No.2) Regulations 1996 P.U.

(A) 231/98 Election Commission (Amendment of Schedule) Regulations 1998 P.U.

(A) 222/2000 Election Commission (Amendment of Schedule) Regulations 2000.

P.U.

(A) 408/2000 Election Commission (Amendment ofSchedule)(No.2) Regulations 2000.

P.U.
P.U.

(A) 243/2001 Election Commission (Amendment of Schedule) Regulations 2001 P.U.

(A) 163 /2002 Election Commission (Amendment of Schedule) Regulations 2002 P.U.

(A) 32/2003 Election Commission (Amendment of Schedule) Regulations 2003.

P.U.

(A) 22912004 Election Commission (Amendment of Schedule) Regulations 2001 - Corrigendum P.U.

(A) 19/2005 Election Commission (Amendment of Schedule) Regulations 2005.

P.U.

(A) 24/2005 Election Commission (Amendment ofSchedule)(No.2) Regulations 2005.
8 1.1.1972 1.1.1972 31.8.1973 1.7.1977 1.7.1980 1.7.1980 15.5.1981 15.5.1981 1.10.1988 Reg.

2(1): 1.1.1989 Reg.

3(1): 1.1.1992 4.11.1994 1.1.1994 1.1.1995 19.6.1998 1.8.1999 1.1.2000 1.3.2001 1.1.2002 2.10.2002 1.11.2002 1.10.2003 P.U.

(A) 416/2007 Election Commission (Amendment of Schedule) Regulations 2007.

P. U.

(A) 11812010 Election Commission (Amendment of Schedule) Regulations 2010.

1.7.2007 22.4.2010 (end of document) 9 ,