mylaw.my

/akn/my/act/act/1949/120

GOVERNMENT CONTRACTS ACT 1949

The full official text, structured for quick navigation. Copy any provision or jump straight to a section.

Open source PDF
EnglishBahasa Malaysia
Type
Act
Status
In force
Enacted
1949
Sections
12
Languages
EN · MS

Quick answer

About this act

GOVERNMENT CONTRACTS ACT 1949 is Malaysia Act, cited as Act 120 1949, currently marked in force and first recorded in 1949.

Opening note

Preamble

Suggest a correction
  1. An Act for the making of contracts on behalf of the Government, and the Governments of the States, and for matters connected therewith. [Peninsular Malaysia—31 December 1949; Sabah and Sarawak—16 September 1963, L.N. 108/1964] Short title

Section 2

Contracts on behalf of the Government

Open as pageSuggest a correction

All contracts made in Malaysia on behalf of the Government shall, if reduced to writing, be made in the name of the Government of Malaysia and may be signed by a Minister or by any public officer duly authorized in writing by a Minister, either specially in any particular case, or generally for all contracts below a certain value in his department or otherwise as may be specified in the authorization.

Section 3

Contracts on behalf of a State Government

Open as pageSuggest a correction

(2)

In the application of this section to Sabah and Sarawak “Chief

Minister” includes any State Minister.

Suggest a correction

Section 5

Contracts made outside Malaysia

Open as pageSuggest a correction

All contracts made outside Malaysia on behalf of the Government or any State Government by a person either generally or specially authorized in writing in that behalf by the Yang di-Pertuan Agong shall, so far as they come within the jurisdiction of the courts of

Malaysia, be deemed to be contracts made on behalf of that Government.

Section 6

No other contracts to be deemed Government contracts

Open as pageSuggest a correction

No contracts made after the commencement of this Act except those made in the manner herein before provided shall be deemed to be made by the authority of the Government or of a State Government, as the case may be.

Validation of contracts entered into before commencement of

Section 7

Act

Open as pageSuggest a correction

All contracts entered into in good faith on or after the first day of February 1948, and before the commencement of this Act, and purporting to be made on behalf of the Government of the Federation of Malaya or the Government of any State or Settlement thereof, as the case may be—

(a)

in the Federation of Malaya by any public officer;

Suggest a correction

(b)

in the United Kingdom by the Secretary of State or the

Crown Agents; or

Suggest a correction

(c)

elsewhere outside the Federation of Malaya by any person either generally or specially authorized in writing in that behalf by the High Commissioner, shall be deemed to be contracts duly entered into on behalf of the

Government of the Federation of Malaya or the Government of that

State or Settlement, as the case may be.

Limitation of personal liability of public officer

Suggest a correction

Section 8

Open as pageSuggest a correction

No public officer shall be liable to be sued personally upon any contract which he makes in that capacity; but a public officer shall be personally liable when he expressly pledges his personal credit, or where he contracts otherwise than as the agent of the Government or of a State Government.

Government Contracts 7

Section 9

Form of authorization

Open as pageSuggest a correction

Any authorization made under section 2 or 3 shall be in the appropriate form set out in the Schedule.

Schedule

Suggest a correction

[Section 9]

AUTHORIZATION UNDER SECTIONS 2 AND 3

A

I *Minister/Chief Minister ................................................................... † hereby authorize ...........................................................................................................

to sign the contract between *the Government of Malaysia/the Government of the State of .................................................... and ..............................................

for .....................................................................................................................

............................................................................................................................

(Here briefly describe the particular contract)

Signed ...................................................................

*Minister/Chief Minister/Minister, State of ...............

*

Omit whichever is inappropriate.

†

Here insert the title of the office of the Minister of the Government.

8

B

I *Minister/Chief Minister .................................................................. † hereby authorize ............................................................................................ to sign on behalf of *the Government of Malaysia/the Government of the State of

..................................................................................................... any contracts

(in his department) below a value of RM ............................................................

Signed...................................................................

*Minister/Chief Minister/Minister, State of ..................

*

Omit whichever is inappropriate.

†

Here insert the title of the office of the Minister of the Government.

Government Contracts 9

Act 120

LIST OF AMENDMENTS

Amending law

Short title

In force from

Ord. 40/1953

Government Contracts (Amendment)

20-08-1953

Ordinance 1953

L.N. 284/1958

Federal Constitution (Modification 22-09-1958

of Laws) (Government Contracts

Ordinance) Order 1958

L.N. 108/1964

Modification of Laws (Government 16-09-1963

Contracts) (Extension) Order 1964

L.N. 456/1964

Modification of Laws (Government 16-09-1963

Contracts) (Extension) (Amendment)

Order 1964

10

Act 120

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Ord 40/1953 20-08-1953

Common questions

What is GOVERNMENT CONTRACTS ACT 1949?
GOVERNMENT CONTRACTS ACT 1949 is Malaysia Act, cited as Act 120 1949, currently marked in force and first recorded in 1949.
Is GOVERNMENT CONTRACTS ACT 1949 still in force?
Yes — GOVERNMENT CONTRACTS ACT 1949 is currently in force.
When did GOVERNMENT CONTRACTS ACT 1949 take effect?
GOVERNMENT CONTRACTS ACT 1949 was first recorded in 1949.
How many sections does GOVERNMENT CONTRACTS ACT 1949 have?
GOVERNMENT CONTRACTS ACT 1949 contains 10 sections.
Where can I read the official version of GOVERNMENT CONTRACTS ACT 1949?
The official text of GOVERNMENT CONTRACTS ACT 1949 is published at lom.agc.gov.my.