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Elections Act 1958 [Act 19]

Part VI   cite [+]

REGULATIONS

15 Power to make regulations relating to the registration of electors   cite [+]

(1) The Election Commission may with the approval of the Yang di-Pertuan Agong make regulations for the registration of electors and for all matters incidental to it.

(2) Without prejudice to the generality of the foregoing powers the regulations may-

(a) prescribe the keeping and maintenance of electoral rolls in any constituency and the type and form of the electoral rolls;

(b) prescribe the procedure to be followed in the preparation and publication of electoral rolls;

(c) prescribe the time at which any electoral roll shall be prepared or revised and the procedure to be followed in making the revision;

(d) prescribe the procedure to be followed in the preparation and publication of new electoral rolls of any constituency where the boundaries of the constituency have been prescribed or altered after the preparation of the electoral rolls;

(e) prescribe the procedure to be followed in the making and determination of claims to have any name inserted on an electoral roll or on a new or revised electoral roll and of objections to the insertion or inclusion of any name in it;

(f) provide for the payment of compensation, not exceeding one thousand ringgit, to any person aggrieved by the making without reasonable cause of an objection to the insertion or inclusion of his name on any electoral roll by the person who makes the objection;

(g) prescribe any form of application, notice or other document which it may be necessary or desirable to use in connection with any of the matters dealt with in this section;

(h) authorize any Registrar or Adjudicating Officer, for the purpose of considering or determining any application, claim, objection or appeal which he is required to consider or determine under any regulations made under this section, to summon any person to appear before him and to give evidence on oath or affirmation and to administer any such oath or affirmation for the purpose and to order the production of any document relevant to any issue which the officer is required to consider and determine;

(i) prescribe the fees to be paid upon any application, notice, claim or objection and the manner in which the fees shall be disposed of;

(j) prescribe the manner in which any electoral roll or new or revised electoral roll shall be certified;

(k) provide for the correction of clerical errors in any electoral roll;

(l) authorize or require a Registrar to supply to any such persons as may be prescribed copies of any electoral roll or part of it, whether free of charge or on payment of such fee as may be prescribed in it;

(m) (Deleted by Act A1155);

(n) provide for the division of constituencies into registration units.

16 Power to make regulations relating to the conduct of elections   cite [+]

(1) The Election Commission may with the approval of the Yang di-Pertuan Agong make regulations for the conduct of elections to the Dewan Rakyat and the Legislative Assemblies, and for all matters incidental to it.

(2) Without prejudice to the generality of the foregoing powers the regulations may-

(a) prescribe the manner in which notice of the holding of an election shall be given;

(b) prescribe the procedure for the nomination of candidates and for the making of and decision on, objections to any nomination;

(bb) provide for the procedure in the granting of approval by the Election Commission of any symbol to be used in any election:

Provided that the Election Commission shall not approve any symbol connected with any religion or sect of it or which is otherwise incompatible with good order or morality;

(c) provide for the publication of notice of the date on which in the case of a contested election a poll will be taken;

(d) prescribe the amount of any deposit, not exceeding twenty thousand ringgit in each case, to be made by or on behalf of candidates, and the circumstances in which the deposit may be forfeited;

(e) prescribe the facilities to be provided at polling centres, and the persons who may be admitted to polling centres on the date at which a poll is taken, and provide for the appointment of a presiding officer or presiding officers and other officers or staff in respect of each polling centres;

(f) prescribe the place and manner in which votes may be cast and the construction of and manner of ensuring that ballot boxes used in the elections are secure and for the
issue of ballot papers to electors;

(g) provide for the manner in which, and the persons by whom, any question as to the identity of any person claiming to vote shall be determined;

(h) prescribe the form of any ballot papers and counterfoils to be used in elections;

(i) prescribe the manner in which ballot boxes, unused or spoilt ballot papers, marked copies of the electoral roll, counterfoils of ballot papers, and other documents shall be dealt with upon the closing of the poll;

(j) prescribe the procedure to be followed in the counting of votes and the circumstances in which votes may be rejected by a returning officer or a presiding officer appointed in accordance with regulations made under paragraph (e) as invalid;

(k) provide for the making and publication of returns by the returning officer and of a statement of the poll in regard to any election;

(l) prescribe any forms as may be necessary or desirable to be used in connection with the matters dealt with in this section or any regulations made under it;

(m) prescribe the conditions for the use of private motor vehicles at elections;

(n) prescribe the facilities to the provided for voting by post and the persons entitled to vote by post;

(o) provide that certain acts are to be deemed to be illegal practices for the purposes of the Election Offences Act 1954.


(3) Without prejudice to section 2 of the *Statutory Declarations Act 1960 [Act 13], where any regulation made under this section requires a person to make a statutory declaration in connection with or for the purpose of the nomination of that person as a candidate, it shall be lawful for-

(a) the State Elections Director for the State in which the constituency for which the person seeks election is situated; or

(b) the returning officer for the constituency for which the person seeks election,


to take and receive the declaration, and a declaration taken and received by any such officer by virtue of this subsection shall be deemed to be a declaration made by virtue of the *Statutory Declarations Act 1960.
*NOTE-This Act has been revised in 2016 with effect from 17 November 2016 as Act 783.

17 Regulations to be laid before the Dewan Rakyat   cite [+]

All regulations made under this Part shall as soon as possible after the making of it be laid before the Dewan Rakyat, and if at the next meeting of the Dewan Rakyat after any regulation is laid before it a resolution is passed annulling the regulation or any part thereof, the whole regulation shall from that time be void, but without prejudice to the validity of anything previously done under it or to the making of any new regulation.


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