Political Finance Database

10. The following persons shall be deemed guilty of the offence
of bribery:
(a) every person who, before, during or after an election,
directly or indirectly, by himself or by any other person
on his behalf, gives, lends, or agrees to give or lend, or
offers, promises, or promises to procure or to endeavour
to procure, any money or valuable consideration to or for
any elector or voter, or to or for any person on behalf of
any elector or voter or to or for any other person, in order
to induce any elector or voter to vote or refrain from
voting, or corruptly does any such act as aforesaid on
account of such elector or voter having voted or
refrained from voting at any election;
Source: Section 10 (a), Election Offences Act, 2006

19. (1) Subject to such exception as may be allowed in
pursuance of this Act, no sum shall be paid and no expense shall
be incurred by a candidate at an election or by his election agent,
after the date of publication of the notice of the election in the
Gazette, during or after an election, on account of or in respect of
the conduct or management of such election, in excess of—
(a) two hundred thousand ringgit in the case of an election
to the Dewan Rakyat;
(b) one hundred thousand ringgit in the case of an election
to a Legislative Assembly;
(c) ten thousand ringgit in the case of an election to a local
authority other than a local council;
(d) three thousand ringgit in the case of an election to a local
council:
Provided that paragraphs (c) and (d) shall have no application
in Sabah and Sarawak.
(2) Any candidate or election agent who knowingly acts in
contravention of this section shall be guilty of an illegal practice.
Source: Section 19, Election Offences Act, 2006

14. (1) Every registered society shall, within sixty days after the
holding of its annual general meeting or if no annual general
meeting is held, within sixty days after the end of each calendar
year, forward to the Registrar—
(a) a true and complete copy of any amendments to the rules
of such society made since the date of registration or of
the last return;
(b) a true and complete list of office-bearers and the number
of members of such society residing in Malaysia or present
therein at the date of such return or, if such society has
no office-bearers residing or present in Malaysia, the
name, address and occupation of the person in Malaysia
authorized to act for or on behalf of the society, and the
number of members as aforesaid together with a true and
complete list of the office-bearers of all the branches (if
any) of the society;
(c) the address of the society or of the place of business of
the society;
(d) the accounts of the last financial year of the society,
together with a balance sheet showing the financial position
at the close of the last financial year of the society;
(da) the name and address of any society, association, trade
union or any other body of persons, incorporated or
unincorporated, outside Malaysia to which the society is
in any way associated or affiliated;
(db) the description of any money or property, any pecuniary
benefit or advantage received by the society from any
person ordinarily resident outside Malaysia or an
organization, authority, government, or agency of any
government, outside Malaysia; and
(e) such other information as the Registrar may from time
to time require.
Source: Section 14 (1), Societies Act, 2006

23. (1) Within thirty-one days after the date of publication of
the result of an election in the Gazette every candidate at that
election or his election agent shall deposit with the State Elections
Officer a true return, in this Act referred to as the “return
respecting election expenses,” in Form B in the First Schedule,
containing detailed statements as respects that candidate of—
Source: Section 23 (1), Election Offences Act, 2006

23. (1) Within thirty-one days after the date of publication of
the result of an election in the Gazette every candidate at that
election or his election agent shall deposit with the State Elections
Officer a true return, in this Act referred to as the “return
respecting election expenses,” in Form B in the First Schedule,
containing detailed statements as respects that candidate of—
(a) (Deleted by Act A5);
(b) (Deleted by Act A5);
(c) the disputed claims so far as the candidate or his election
agent is aware;
(d) all unpaid claims, if any, of which the candidate or his
election agent is aware in respect of which application
has been made or is about to be made to an Election
Judge or Judge of the High Court;
(e) all money, securities and other valuable consideration
received by or promised to the candidate or his election
agent from or by any other candidate or person for the
purpose of expenses incurred or to be incurred on
account or in respect of the management of the election,
naming every person from whom the sum may have been
received or by whom such sum may have been promised,
showing as to each sum whether it was received as
contribution, loan, deposit or otherwise;
(f) the amount of expenses, if any, incurred by any person
authorized by the candidate or his election agent under
subsection 15A(1).
(2) The return respecting election expenses shall be signed by
the candidate or his election agent and shall be accompanied by a
statement made by the candidate and his election agent, which
shall be respectively in Forms C and D in the First Schedule and
shall be on oath before the Chairman or a member of the Election
Commission, a Magistrate, a Justice of the Peace, a Commissioner
for Oaths, or the State Elections Officer:
Provided that where the candidate has named himself as
election agent under subsection 12(2) such statement shall be
made only in Form C of the First Schedule.
(3) If the said return and statements are not transmitted before
the expiration of the time limited for the purpose, the candidate
shall not after the expiration of such time sit or vote until either
such return and statements have been transmitted or until the date
of the allowance of such authorized excuse for failure to transmit
the same as in this Act mentioned and if he sits or votes in
contravention of this Act, he shall be liable on conviction, to a
penalty of one thousand ringgit for every day on which he so sits
or votes.
(4) If any candidate or election agent fails to comply with the
requirements of subsection (1) or (2) he shall be guilty of an
illegal practice and this section shall be in addition to and not in
derogation of section 11.
Source: Section 23, Election Offences Act, 2006

23. (1) Within thirty-one days after the date of publication of
the result of an election in the Gazette every candidate at that
election or his election agent shall deposit with the State Elections
Officer a true return, in this Act referred to as the “return
respecting election expenses,” in Form B in the First Schedule,
containing detailed statements as respects that candidate of—
(a) (Deleted by Act A5);
(b) (Deleted by Act A5);
(c) the disputed claims so far as the candidate or his election
agent is aware;
(d) all unpaid claims, if any, of which the candidate or his
election agent is aware in respect of which application
has been made or is about to be made to an Election
Judge or Judge of the High Court;
(e) all money, securities and other valuable consideration
received by or promised to the candidate or his election
agent from or by any other candidate or person for the
purpose of expenses incurred or to be incurred on
account or in respect of the management of the election,
naming every person from whom the sum may have been
received or by whom such sum may have been promised,
showing as to each sum whether it was received as
contribution, loan, deposit or otherwise;
(f) the amount of expenses, if any, incurred by any person
authorized by the candidate or his election agent under
subsection 15A(1).
(2) The return respecting election expenses shall be signed by
the candidate or his election agent and shall be accompanied by a
statement made by the candidate and his election agent, which
shall be respectively in Forms C and D in the First Schedule and
shall be on oath before the Chairman or a member of the Election
Commission, a Magistrate, a Justice of the Peace, a Commissioner
for Oaths, or the State Elections Officer:
Provided that where the candidate has named himself as
election agent under subsection 12(2) such statement shall be
made only in Form C of the First Schedule.
(3) If the said return and statements are not transmitted before
the expiration of the time limited for the purpose, the candidate
shall not after the expiration of such time sit or vote until either
such return and statements have been transmitted or until the date
of the allowance of such authorized excuse for failure to transmit
the same as in this Act mentioned and if he sits or votes in
contravention of this Act, he shall be liable on conviction, to a
penalty of one thousand ringgit for every day on which he so sits
or votes.
(4) If any candidate or election agent fails to comply with the
requirements of subsection (1) or (2) he shall be guilty of an
illegal practice and this section shall be in addition to and not in
derogation of section 11.
Source: Section 23, Election Offences Act, 2006

23. (1) Within thirty-one days after the date of publication of
the result of an election in the Gazette every candidate at that
election or his election agent shall deposit with the State Elections
Officer a true return, in this Act referred to as the “return
respecting election expenses,” in Form B in the First Schedule,
containing detailed statements as respects that candidate of—
(a) (Deleted by Act A5);
(b) (Deleted by Act A5);
(c) the disputed claims so far as the candidate or his election
agent is aware;
(d) all unpaid claims, if any, of which the candidate or his
election agent is aware in respect of which application
has been made or is about to be made to an Election
Judge or Judge of the High Court;
(e) all money, securities and other valuable consideration
received by or promised to the candidate or his election
agent from or by any other candidate or person for the
purpose of expenses incurred or to be incurred on
account or in respect of the management of the election,
naming every person from whom the sum may have been
received or by whom such sum may have been promised,
showing as to each sum whether it was received as
contribution, loan, deposit or otherwise;
(f) the amount of expenses, if any, incurred by any person
authorized by the candidate or his election agent under
subsection 15A(1).
(2) The return respecting election expenses shall be signed by
the candidate or his election agent and shall be accompanied by a
statement made by the candidate and his election agent, which
shall be respectively in Forms C and D in the First Schedule and
shall be on oath before the Chairman or a member of the Election
Commission, a Magistrate, a Justice of the Peace, a Commissioner
for Oaths, or the State Elections Officer:
Provided that where the candidate has named himself as
election agent under subsection 12(2) such statement shall be
made only in Form C of the First Schedule.
(3) If the said return and statements are not transmitted before
the expiration of the time limited for the purpose, the candidate
shall not after the expiration of such time sit or vote until either
such return and statements have been transmitted or until the date
of the allowance of such authorized excuse for failure to transmit
the same as in this Act mentioned and if he sits or votes in
contravention of this Act, he shall be liable on conviction, to a
penalty of one thousand ringgit for every day on which he so sits
or votes.
(4) If any candidate or election agent fails to comply with the
requirements of subsection (1) or (2) he shall be guilty of an
illegal practice and this section shall be in addition to and not in
derogation of section 11.
Source: Section 23, Election Offences Act, 2006

14. (1) Every registered society shall, within sixty days after the
holding of its annual general meeting or if no annual general
meeting is held, within sixty days after the end of each calendar
year, forward to the Registrar—
(a) a true and complete copy of any amendments to the rules
of such society made since the date of registration or of
the last return;
(b) a true and complete list of office-bearers and the number
of members of such society residing in Malaysia or present
therein at the date of such return or, if such society has
no office-bearers residing or present in Malaysia, the
name, address and occupation of the person in Malaysia
authorized to act for or on behalf of the society, and the
number of members as aforesaid together with a true and
complete list of the office-bearers of all the branches (if
any) of the society;
(c) the address of the society or of the place of business of
the society;
(d) the accounts of the last financial year of the society,
together with a balance sheet showing the financial position
at the close of the last financial year of the society;
(da) the name and address of any society, association, trade
union or any other body of persons, incorporated or
unincorporated, outside Malaysia to which the society is
in any way associated or affiliated;
(db) the description of any money or property, any pecuniary
benefit or advantage received by the society from any
person ordinarily resident outside Malaysia or an
organization, authority, government, or agency of any
government, outside Malaysia; and
(e) such other information as the Registrar may from time
to time require.
Source: Section 14 (1), Societies Act, 2006

23. (1) Within thirty-one days after the date of publication of
the result of an election in the Gazette every candidate at that
election or his election agent shall deposit with the State Elections
Officer a true return, in this Act referred to as the “return
respecting election expenses,” in Form B in the First Schedule,
containing detailed statements as respects that candidate of—
(a) (Deleted by Act A5);
(b) (Deleted by Act A5);
(c) the disputed claims so far as the candidate or his election
agent is aware;
(d) all unpaid claims, if any, of which the candidate or his
election agent is aware in respect of which application
has been made or is about to be made to an Election
Judge or Judge of the High Court;
(e) all money, securities and other valuable consideration
received by or promised to the candidate or his election
agent from or by any other candidate or person for the
purpose of expenses incurred or to be incurred on
account or in respect of the management of the election,
naming every person from whom the sum may have been
received or by whom such sum may have been promised,
showing as to each sum whether it was received as
contribution, loan, deposit or otherwise;
(f) the amount of expenses, if any, incurred by any person
authorized by the candidate or his election agent under
subsection 15A(1).
(2) The return respecting election expenses shall be signed by
the candidate or his election agent and shall be accompanied by a
statement made by the candidate and his election agent, which
shall be respectively in Forms C and D in the First Schedule and
shall be on oath before the Chairman or a member of the Election
Commission, a Magistrate, a Justice of the Peace, a Commissioner
for Oaths, or the State Elections Officer:
Provided that where the candidate has named himself as
election agent under subsection 12(2) such statement shall be
made only in Form C of the First Schedule.
(3) If the said return and statements are not transmitted before
the expiration of the time limited for the purpose, the candidate
shall not after the expiration of such time sit or vote until either
such return and statements have been transmitted or until the date
of the allowance of such authorized excuse for failure to transmit
the same as in this Act mentioned and if he sits or votes in
contravention of this Act, he shall be liable on conviction, to a
penalty of one thousand ringgit for every day on which he so sits
or votes.
(4) If any candidate or election agent fails to comply with the
requirements of subsection (1) or (2) he shall be guilty of an
illegal practice and this section shall be in addition to and not in
derogation of section 11.
Source: Section 23, Election Offences Act, 2006

8. It shall be the duty of the Director General and the officers
of the Agency to—
(a) receive and consider any report of the commission of an
offence under this Act and investigate such of the reports
as the Director General or officers consider practicable;
(b) detect and investigate—
(i) any suspected offence under this Act;
(ii) any suspected attempt to commit any offence under
this Act; and
(iii) any suspected conspiracy to commit any offence
under this Act;
(c) examine the practices, systems and procedures of public
bodies in order to facilitate the discovery of offences
under this Act and to secure the revision of such practices,
systems or procedures as in the opinion of the Director
General may be conducive to corruption;
(d) instruct, advise and assist any person, on the latter’s
request, on ways in which corruption may be eliminated
by such person;
(e) advise heads of public bodies of any changes in practices,
systems or procedures compatible with the effective
discharge of the duties of the public bodies as the Director
General thinks necessary to reduce the likelihood of the
occurrence of corruption;
(f) educate the public against corruption; and
(g) enlist and foster public support in combating corruption.
Source: Section 8, Anti-Corruption Act, 2006

21. (3) Where an officer of the Agency has reason to suspect the
commission of an offence under this Act following a report made
under subsection (1) or information otherwise received by him, he
shall cause investigation to be made and for such purpose may
exercise all the powers of investigation provided for under this Act
and the Criminal Procedure Code.

22. (1) An officer of the Agency investigating an offence under
this Act may—
(a) order any person to attend before him for the purpose of
being examined orally in relation to any matter which
may, in his opinion, assist in the investigation into the
offence;
(b) order any person to produce before him any book, document
or any certified copy thereof, or any other article which
may, in his opinion, assist in the investigation into the
offence; or
(c) by written notice require any person to furnish a statement
in writing made on oath or affirmation setting out therein
all such information which may be required under the
notice, being information which, in such officer’s opinion,
would be of assistance in the investigation into the offence.

50. A prosecution for an offence under this Act shall not be
instituted except by or with the consent of the Public Prosecutor.

Source: Sections 21 (3), 22 (1), and 50, Anti-Corruption Act, 2006

11. (2) Every person who is convicted of a corrupt practice shall,
subject to any specific provision to the contrary in any written
law relating to any election, by conviction become incapable of
being registered or listed as an elector or of voting at any election
or of being elected at any election, and if at that date he has been
elected at any election, his seat shall be vacated from the date of
such conviction:
Provided that such disability shall cease on the expiry of five
years from such conviction.
Source: Section 11 (2), Election Offences Act, 2006

13. (1) Subject to subsection (2), the Registrar may, in the following
cases, cancel the registration of any society registered under
section 7—
(a) upon its dissolution by the society to be verified in such
manner as the Registrar may require or upon dissolution
by the Registrar in accordance with this Act;
(b) on the order made by the Minister under section 5;
(c) if the Registrar is satisfied—
(i) that the registration was effected as the result of a
fraud or a mistake or misrepresentation in any
material particular;
(ii) that the society is likely to be used for unlawful
purposes or for purposes prejudicial to or
incompatible with peace, welfare, good order or
morality in Malaysia;
(iii) that the society is pursuing objects other than the
objects with which the society is registered;
(iv) that the society has wilfully contravened any
provision of this Act or of any regulation made
thereunder or of any of its rules or that any members
of the society have habitually contravened the
provision of subsection 4(1) of the Sedition Act
1948 [Act 15] by any acts or utterances to which
paragraph 3(1)(f) of that Act applies;
(v) that the society has ceased to exist;
(vi) that the society has failed to comply with an order
made by him under section 13A;
(vii) that the society has failed to comply with the
provisions of section 2A;
(viii) that the society has contravened the provisions of
section 52; or
(ix) that the society has failed to comply with the notice
served by him under subsection 16(1); and
(d) upon the society becoming unlawful under subsection
14(7) for failure to furnish written information.
Source: Section 13 (1), Societies Act, 2006

11. (1) Every person who—
(a) commits the offence of personation, or aids, abets,
counsels or procures the commission of the offence of
personation;
(b) commits the offence of treating, undue influence or
bribery;
(c) prints, publishes, distributes or posts up or causes to be
printed, published, distributed or posted up any
advertisement, handbill, placard or poster which refers
to any election and which does not bear upon its face the
names and addresses of its printer and publisher;
(d) makes or publishes, before or during any election, for the
purpose of affecting the return of any candidate, any
false statement of fact in relation to the personal
character or conduct of such candidate;
(e) makes or publishes, before or during any election, for the
purpose of promoting or procuring the election of any
candidate, any false statement of the withdrawal of any
other candidate at such election; or
(f) being a candidate or election agent knowingly makes the
declaration as to election expenses required by section
23 falsely,
shall be guilty of a corrupt practice, and shall, on conviction by a
Sessions Court, be liable, in the case referred to in paragraphs (a)
and (b), to imprisonment for a term not exceeding two years and
to a fine of not less than one thousand ringgit and not more than
five thousand ringgit, and, in any other case, to imprisonment for
a term not exceeding one year and to a fine not exceeding two
thousand ringgit. Offences under paragraphs (a) and (b) shall be
seizable offences within the meaning of the Criminal Procedure
Code.
Source: Section 11 (1), Election Offences Act, 2006

16. Any person who is found guilty of an offence under section
10, 11, 13, 14 or 15 shall on conviction be liable to—
(a) imprisonment for a term of not less than fourteen days
and not more than twenty years; and
(b) a fine of not less than five times the sum or value of the
gratification which is the subject matter of the offence
where such gratification is capable of being valued or is
of a pecuniary nature, or ten thousand ringgit, whichever
is the higher.
Source: Section 16, Anti-Corruption Act, 2006

36. (1) In any prosecution for an offence under this Act, the court
shall make an order for the forfeiture of any property which is
proved to be the subject matter of the offence or to have been used
in the commission of the offence where—
Source: Section 36 (1), Anti-Corruption Act, 2006