Main Components of the

Malaysian Government
System

Ms. Zareen
 LEARNING OUTCOMES

By the end of this topic, you should be able to:

1. List the functions and roles of the Head of State, which is the
Seri Paduka Baginda Yang di‐Pertuan Agong (YDPA);
2. Identify the duties of the Council of Rulers in matters relating to
national administrative policies;
3. Discuss the functions of the Executive, Legislative and
Judiciary bodies in Malaysia;
4. List the functions and responsibilities of the Cabinet system as
well as the ministries it encompasses;
5. Relate the roles of the statutory bodies to the success of the
administration and development of the nation; and
6. Discuss the necessity for a commission to function in order to
smoothen the country's administrative machinery.
INTRODUCTION

In this topic, you will learn how the Malaysian government is administered
through certain bodies. You will be introduced to the functions and roles of
the Yang di-Pertuan Agong (YDPA) and the Council of Rulers in the
upholding of the sovereignty of law and administration of the country in
general.

This topic will also explain the functions of the Executive, Legislative and
Judiciary bodies. The administrative machinery generally, is headed by the
Prime Minister's Department and supported by the ministries, government
agencies, statutory bodies and commissions. Thus, we will examine the
functions and responsibilities of all the components of the administrative
machinery and observe the links between the entire machinery. You
would surely come to understand the necessity for the machinery to
operate smoothly to ensure the rapid development of the country.
COUNCIL OF RULERS AND THE YANG DI-PERTUAN AGONG

The Council of Rulers is an official body with the highest status in the
country. The body comprises all nine Sultans or Kings and the four
Governors or Yang di-Pertua Negeri. The Council does not possess
legislative and governing powers but has strong influence and plays an
important role in the country. The official members of the Council are the
Heads of the eleven respective States. Attendance in the Council can be
represented by the Raja Muda of a particular state if the state's
constitution allows.

Among the schedules of duties of the Council of Rulers are:

(a) Electing the Yang di-Pertuan Agong and Deputy;

(b) Agreeing or disagreeing to issues relating to cultures and customs
of Islam for the entire Federation of Malaya, excluding Sabah and
Sarawak.
(c) Giving consent or not consenting to any legislation passed or giving
advice on the election of any position that requires the consent of
the Council of Rulers.
(d) Proposing national policies and any matters deemed necessary for
the development of the country.
COUNCIL OF RULERS AND THE YANG DI-PERTUAN AGONG

The Council of Rulers has a special body that functions to preserve the special
rights of the Malays. Should any issue occur to bring about changes to the
special position held by the Malays, the issue of interest must first be discussed
with the Council. Other than that, the Council must also be consulted before the
following appointments are made by the Yang Dipertuan Agong, based on
Prime Minister's advice:
i. Appointment of Chief Justice, two Chief Judges and Federal Court Judges,
as well as two High Court Judges;
ii. Appointment of Auditor-General; and
iii. Appointment of members to independent commissions such as the Public
Service Commission and Elections Commission.

In carrying out its duties, the Council of Rulers has, at its discretion, powers to:
iv. Elect or remove the Yang di-Pertuan Agong and Deputy;
v. Give advice on any appointments;
vi. Consent or not consent to any legislation that would alter the boundaries of a
state as well as touch on the special rights, position and the nobility and
standing of the Rulers; and
vii. Consent or not consent so that any actions, practices or rituals of the Islam
religion encompass the entire Peninsular of Malaysia.
1) You already know that according to the Federal Constitution, the YDPA is the
Head of State. Though the YDPA is the main component in the Parliament of
Malaysia, His Highness does not have to attend all seatings of Parliament,
except during the official opening of the new term of Parliament, where His
Highness functions to officiate the Parliamentary session.

2) As the Head of State, His Highness enjoys certain privileges. His Highness
cannot be prosecuted in any court of law. The YDPA is a Ruler elected
according to turn by the Council of Rulers and this is enshrined in the Federal
Constitution. The title Yang di-Pertuan Agong is the official title for the Head of
State of Malaysia. The full honorific title is Seri Paduka Baginda Yang di-Pertuan
Agong.
3) The post of Yang di-Pertuan Agong was created as a result of the suggestion
by the Reid Commission, which drafted the Federal Constitution. Suggestions
for the position of Yang Dipertuan Agong arose as a result of opposition to the
forming of the Malayan Union, which was seen as an attempt to remove the
institution of Malay Rulers. The five-year rotation system for the post of YDPA
is considered unique. This is because it combines feudal traditions based on
lineage with the modern concept based on the constitution. Malaysia is the
only country in the world that practises the system of rotation for its Head of
State.

4) The system of rotation is a privilege given to Malay rulers from the states
formerly known as the Federated States and Unfederated States of Malaya.
The Federated States comprised Perak, Negeri Sembilan, Selangor and
Pahang. The Unfederated States were Perlis, Kedah, Kelantan, Terengganu
and Johor. Heads of the states not belonging to either group cannot be
elected to become the YDPA, as the states do not have Rulers.
1) On August 1957, after selecting the title YDPA and rejecting the title Yang
Dipertuan Besar which had been earlier suggested, the Council of Rulers
convened to vote for the first Yang Dipertuan Agong. After the first cycle
of nine Yang di-Pertuan Agongs (1957-1994), the order of Rulers to
assume the position is according to the rotation used previously, which
was: 1. Negeri Sembilan 1. Kelantan
2. Selangor 2. Pahang
3. Perlis 3. Johor
4. Terengganu 4. Perak
5. Kedah

2) Let us now view the selection criteria of the YDPA. Each Malay Ruler is
entitled to be elected as the YDPA unless the Ruler:
 Does not meet the age requirement;
 Rejects being elected YDPA; and
 Intends to be exempted due to medical reasons.
3) In the context of the rotation system, the Ruler highest on the list would be offered the
post of Yang di-Pertuan Agong. His Highness would hold the position for five years.
However, there is an exception, whereby His Highness can step down or be stripped of
the position before the term expires.

4) The following are the methods in electing the Yang di-Pertuan Agong:
1) Only Rulers may be elected. However, selection is done based on seniority;
2) Only Rulers may vote. Non-royal members of the Council of Rulers, i.e. the
Governors, do not attend the meeting to elect the Yang di-Pertuan Agong;
3) Selection is based on rotation. The Ruler of a state cannot be elected twice in the
same rotation; and
4) A Sultan or Ruler may appoint another party from His Highness' state as a proxy to
represent His Highness.

5) You should understand that the monarchy, as well as the related customs and
traditions have long existed in Malaya, while the institution of the Yang di-Pertuan Agong
has only been in practice since independence.
Rulers who have been elected to be the Yang di-Pertuan Agong are:
1. Tuanku Abdul Rahman Ibni Almarhum Tuanku
Muhammad of Negeri Sembilan, born in 1895, ruled
from 1957 to 1960, died on the throne on 1 April
1960.

2. Sultan Hisamuddin Alam Shah al-Haj Ibni Almarhum

Sultan Alaeddin Sulaiman Syah of Selangor, born in
1898, ruled in 1960, died on the throne on 1
September 1960.

3. Tuanku Syed Putra Ibni Almarhum Syed Hassan

Jamalullail of Perlis, born in 1920, ruled from 1960 to
1965, died in 2000.

4. Sultan Ismail Nasiruddin Shah Ibni Almarhum Sultan

Zainal Abidin III of Terengganu, born in 1907, ruled
from 1965 to 1970, died in 1979.
Rulers who have been elected to be the Yang di-Pertuan Agong are:
5. Tuanku al-Mutassimu Billahi Muhibuddin Sultan Abdul
Halim Al-Muadzam Shah Ibni Almarhum Sultan
Badlishah of Kedah, born 1924, ruled from 1970 to
1975.

6. Sultan Yahya Petra Ibni Almarhum Sultan Ibrahim

Petra of Kelantan, born in 1917, ruled from 1975 to
1979, died on the throne on 29 March 1979.

7. Sultan Haji Ahmad Shah al-Mustain Billah Ibni

Almarhum Sultan Sir Abu Bakar Ritauddin Al Muadzam
Syah of Pahang, born in 1930, ruled from 1979 to
1984.

8. His Highness Almutawakkil Alallah Sultan Iskandar al

Haj Ibni Almarhum Sultan Ismail of Johor, born in
1932, ruled from 1984 to 1989.
Rulers who have been elected to be the Yang di-Pertuan Agong are:
9. Sultan Azlan Mahubuddin Shah Ibni Almarhum Sultan
Yusuff Izzudin Shah Ghafarullahu-lahu of Perak, born
in 1928, ruled from 1989 to 1994.

10. Tuanku Jaafar Ibni Almarhum Tuanku Anbdul

Rahman of Negeri Sembilan, born in 1922, ruled from
1994 to 1999.

11. Sultan Salahuddin Abdul Aziz Shah Ibni Almarhum

Sultan Hisamuddin Alam Shah al-haj of Selangor,
born in 1922, ruled from 1999- to 2001, died on the
throne on 4 December 2001.

12. Tuanku Syed Sirajuddin Ibni Almarhum Tuanku Syed

Putra Jamalullail of Perlis, born in 1943, ruled from
2001 to 2006.
Rulers who have been elected to be the Yang di-Pertuan Agong are:
13. Tuanku Mizan Zainal Abidin Ibni Almarhum Sultan
Mahmud Al-Muktafi Billah Shah, born in 1962, ruled
from 2006 to 2012.

14. Al-Marhum Sultan Abdul Halim Mu'adzam Shah ibni

Almarhum Sultan Badlishah, ruled from 13 December
2011 to 12 December 2016.

15. Kebawah Duli Yang Maha Mulia Seri Paduka Baginda

Yang di-Pertuan Agong XV Sultan Muhammad V, ruled
from 13 December 2016 - 6 January 2019.

16. Kebawah Duli Yang Maha Mulia Seri Paduka Baginda

Yang di-Pertuan Agong XVI Al-Sultan Abdullah
Ri'ayatuddin Al-Mustafa Billah Shah Ibni Almarhum
Sultan Haji Ahmad Shah Al-Musta'in Billah, ruled from
2019 to-date.
From the point of administration of the country, there are three bodies that
have separate powers. Do you know what those bodies are? The bodies are:
 Executive
 Legislative
 Judiciary

The separation of powers between the three bodies is undertaken to ensure

there is no accumulation of power in any one body. This is what is meant by
the doctrine of Separation of Powers. This idea was put forward by
Montesqieu, a French literature and law philosopher in the 18th century. The
Doctrine of Separation of Powers is aimed to prevent any party from
possessing absolute power, which would lead to abuse. The YDPA, as the
Head of State, helms all three bodies.

Chart representing the

Separation of Powers in
Malaysia
EXECUTIVE BODY

The executive body is led by the Prime Minister who is appointed by the
YDPA. The Prime Minister, in turn, leads the government (Cabinet) and
also the party that holds the majority in Parliament.

From the aspect of the Constitution, the executive power is vested in the
YDPA. This means that all government matters are carried out in the
name of His Highness. The Constitution makes provision that in carrying
out executive duties, His Highness is required to act based on the advice
of the Cabinet of Ministers, or on the advice of a Minister empowered by
the Cabinet.
CABINET OF MINISTERS

The Cabinet of Ministers is a body that carries out the executive duties held by

the YDPA. Cabinet policies are duties exercised by the government's

administrative machinery at the Federal or Central Government levels. The

Cabinet is headed by the Prime Minister and consists of Ministers with certain

portfolios. They are collectively responsible in all decisions made by the Cabinet.

As the Cabinet is the highest authority in the country responsible for forming

government policies, hence there are several Permanent Committees which

have been set up. These committees are chaired and consist of the relevant

Ministers.
Apart from the committees, there are various councils formed to streamline the
administration of the country, i.e.:
(a)National Land Council
(b)National Council for Local Governments
(c)National Finance Council
(d)Armed Forces Council

All the Councils are chaired by Ministers responsible for the respective portfolios.
All the councils above are provided for in the Federal Constitution. There are
other councils formed by the government to smoothen the functioning of the
administration such as:
i. National Action Council
ii. National Economic Council
iii.National Security Council

The National Action Council is the highest administrative council. It was formed
to streamline the execution of all government plans and development projects.
All Cabinet Ministers are required to attend the Council. The National Economic
Council is tasked with specific responsibilities towards the aspect of the national
economy, while the National Security Council acts to coordinate duties related to
the security of the country.
PRIME MINISTER

The Prime Minister is the head of the Cabinet. He has the power to
nominate whom ever to be appointed by the YDPA to the Cabinet.
Generally, who ever appointed to be part of the Cabinet of Ministers can be,
in the opinion of the Prime Minister, cooperative and supportive of the
Prime Minister. In conclusion, the actual power of governance lies in the
hands of the Prime Minister whose advice must be accepted by His
Highness the Yang Di-pertuan Agong.
LEGISLATIVE BODY

Legislation refers to laws legislated by the special body responsible from the
aspect of the Constitution. The primary function of the legislative is to
legislate, amend or repeal laws in accordance with the wishes of the body.
The legislative power in Malaysia is determined in the Constitution of the
Federation of Malaysia.

The legislation of laws in legislative form in carried out by the Parliament of

Malaysia at the federal level, and the State Legislative Assembly at the state
level. The Federal and State legislative bodies are not supreme. Both the
bodies can legislate laws on boundaries which are determined by the
Federal Constitution and State Constitution. Legislative matters are divided
among the two bodies. Whereas, the Parliament of Malaysia creates laws.
DEWAN NEGARA

Membership of the Dewan Negara is provided in the Federal Constitution

under Section 4, Topic 4 Article 45. This provision states that the Dewan
Negara has 70 members known as Senators. Of this number, 44 are
appointed by the YDPA and 26 elected by the State Legislative Assemblies
of the 13 states (2 representatives per state).

The term of a Senator lasts 3 years and a senator cannot hold the post for
more than two terms. To qualify as a senator, a candidate has to fulfil the
following requirements:
(a) Citizen of Malaysia
(b) Aged 30 and above
(c) Of sound mind
(d) No criminal record
DEWAN RAKYAT

Membership of the Dewan Rakyat is provided in the Federal Constitution under

Section 4, Topic 4 Article 46. This provision states that the Dewan Rakyat has 222
members known as Members of Parliament. 209 of the members of Parliament are
from the states in Malaysia, 11 from the Federal Territory of Kuala Lumpur, and
one each from the Federal Territories of Labuan and Putrajaya respectively. The
age of a member of Parliament must be 21 years and above.

Among the requirements to be a member of the Dewan Rakyat are:

(a) Citizen of Malaysia
(b) Not less than 21 years of age
(c) Of sound mind
(d) Not bankrupt
(e) No criminal record
(f) To submit expenses statement for Parliamentary elections for a stipulated period of
time, which is 33 days from the date of the announcement of election results
FUNCTION AND POWERS OF PARLIAMENT

Legislatively, the Parliament has the power to create laws, as provided in the
Federal Constitution under Articles 66-68, Section 4 Topic 5. Among the
functions of the Parliament are:

(a) Legislative powers, that is, the authority to create, amend or annul laws.
(b) Create new or additional taxes, or annul any tax.
(c) Approve the national budget for each year.

The Parliament is a legislative body for the Federal

government, and forms laws that can be enforced throughout
the country. The Parliament approves federal laws, amends
existing federal laws, examines government policies,
approves government budget and approves new tax revenues.
FUNCTION AND POWERS OF PARLIAMENT

The Parliament is also a forum for criticism and a focus for public opinions on
national issues. To enable the Parliament to carry out its functions fully and
efficiently, the Constitution makes provision for several privileges and
immunities termed “Parliamentary Members Privilege” in the Dewan. These
privileges wholly extend to both chambers, and are for Members of Parliament
individually.

Both chambers have the authority to legislate their respective procedures, have
absolute power on respective proceedings, and these powers cannot be
challenged in any court of law. The chambers can penalise any acts that violate
the privileges or are in contempt in the Dewan. Members of Parliament are
exempt from both criminal and civil legal actions for whatever that is said in the
Dewan, and exemption is extended to whomever who acts for the Dewan.
PROCESS OF MAKING LAWS IN PARLIAMENT

The Parliament has the power to make laws through the Dewan Rakyat
and Dewan Negara, approving bills which are consented by the YDPA.
All draft laws have to be initiated in either Parliamentary chamber, the
exception being bills on finance which must be initiated in the Dewan
Rakyat. Each bill approved by a chamber of Parliament must undergo
four stages before being approved:
(a) First Reading
(b) Second Reading
(c) Discussion at Committee Level
(d) Third Reading

After the bill undergoes the four stages in the Dewan Rakyat, it will be
presented to the Dewan Negara. If approved, it is then presented to the
YDPA. The draft law then becomes a law or act after receiving consent
from the YDPA, and His Highness will use the Great Royal Seal. After
that, the draft law will be presented as a law in the Government Gazette.
If a bill does not receive the consent of His Highness, it must be debated
again in the Dewan Rakyat and presented to His Highness for the
second time. If consent is still not given, Article 66 in the Federal
Constitution provides that in the subsequent 30 days, the bill will
considered as been given consent by His Highness.
JUDICIARY
The judiciary is a body of judges in a constitutional system. Judges are given
the power to interpret and execute the law with the authority vested in them.
This power is enshrined in the Federal Constitution of Malaysia.

In the liberal democratic system practised in our country, the judiciary is the
third branch of the government in the balance of power. To carry out all the
judicial functions, the Federal Constitution makes provision for the creation of
a system of courts. Courts wield great power in the executive and legislative
bodies because they:
 Have the power to interpret the constitution of the country;
 Interpret a certain law;
 Declare a written law of the Federation or of a state; and
 Declare the actions of the government to be illegal.

Laws made by judges and the executive are interlinked in the philosophy of
law. Here, the executive makes or legislates laws and the courts implement
these laws, if properly legislated. The courts can interpret certain parts of the
law (act, enactment or ordinance) to be illegal for being against its sphere of
power. However, the courts cannot amend laws as the power to amend laws
is under the jurisdiction of the executive or Parliament only.
INDEPENDENCE OF THE JUDICIARY

The independence of the judiciary system can be seen from the following:

(a) A judge (Federal Court Judge or High Court Judge), after being appointed by
the YDPA, cannot be stripped of the post before reaching retirement age, which
is 65 years. The exception applies for poor conduct judge, or being unable to
carry out duties due to sickness or other reasons that can affect duties.
Dismissal from post has to be recommended by a tribunal (on advice by the
Prime Minister) which is appointed by the YDPA. The tribunal contains five or
more judges who are either retired or hold positions in Malaysia or other
Commonwealth countries.
(b) The salary of a judge is provided for by the Parliament and it has to be paid to
the Unified Fund.
(c) The salary and other conditions of the post cannot be altered.
(d) The conduct of a judge cannot be discussed in any chamber of Parliament,
unless put forward by not less than one fourth of the Dewan Rakyat or Dewan
Negara members.
JUDICIAL SYSTEM IN MALAYSIA
APPOINTMENT OF JUDGES

 Judges are appointed by the YDPA upon conferring with the Council of

Rulers and with advice from the Prime Minister.

 Before appointing a judge, the Prime Minister also has to consult the Chief

Justice.

 Regarding the appointment of the Chief Judge of Malaya, the Prime Minister

has to consult two Chief Judges of the High Court.

 When appointing the Chief Judge of Borneo, he has to consult the Chief

Ministers of Sabah and Sarawak respectively.

 He also has to consult two Chief Judges when appointing a Federal Court

judge; and for the appointment of a High Court Judge, he has to consult the

Chief Judge of the related Court in addition to the Chief Justice.

APPOINTMENT OF JUDGES

 Sessions court judges are appointed by His Highness upon

recommendation by the Chief Judges.

 First Class Magistrates for the Federal Territories are also appointed by His

Highness.

 Meanwhile, for the other states, appointment is done by the respective

Rulers or Governors upon recommendations from the Chief Judges.

 Second Class Magistrates for the Federal Territories are also appointed by

the YDPA while for the states, they are elected by the Rulers or Governors

without the involvement of the Chief Judges.

CABINET SYSTEM AND MINISTRIES

The Federal Government system in Malaysia is generally implemented by

the executive known as the Cabinet. Did you know that this body comes

under the executive powers of the Yang di-Pertuan Agong? This issue is

cemented in Article 39 of the Federal Constitution which explains that the

executive powers for the Federation of Malaya lies with the Yang di-

Pertuan Agong. Article 43 also explains that the Yang di-Pertuan Agong

has to appoint a Cabinet to advice His Highness in implementing his

duties.
CABINET SYSTEM AND MINISTRIES

In the context of Malaysia, the Cabinet is headed by a Prime Minister and

consists of the other ministers. The Cabinet is formed by the party that

obtains a majority in the Parliamentary general elections. The

appointment of the Prime Minister, Ministers and Deputy Ministers has to

be consented by the Yang di-Pertuan Agong. It should be mentioned that

deputy ministers are not members of the Cabinet. Therefore deputy

ministers do not attend the weekly ministerial meetings held on every

Wednesday, usually in the Prime Minister's Department.

Each minister or cabinet member is collectively responsible for all
meeting decisions. Therefore, members who disagree with or
disobey a decision must relinquish his or her post.

Let us examine the functions of the Malaysian Cabinet. Generally,

the functions of the Malaysian Cabinet are to:

(a) Determine national policies;

(b) Administrate and implement tasks in accordance with the
stipulated area of authority;
(c) Coordinate the system of administration of the country to be
efficient and stable; and
(d) Find solutions to issues in the country affecting the people's
interests.
The country's administrative machinery receives and implements all

directives from the Cabinet. The machinery involves, among others,

the Prime Minister's Department, ministries, public corporations,

statutory bodies and commissions. Each one has a specific function

to ensure the smooth operation of the country's administrative

machinery.
GOVERNMENT AGENCIES

Government agencies are generally divided into two categories, which

are:
1. Central agencies; and
2. Executive agencies.

Each one has a specific function. For example the Central Agency
functions to:
3. Legislate economic policies and planning;
4. Determine the budget allocation; and
5. Coordinate, control and assist the executive agencies.
The executive agencies function to:
 Implement all government directives;
 Implement development projects; and
 Provide facilities and services for utilisation by public.

There are six central agencies in the administration of the government.

Five are under the jurisdiction of the Prime Minister's Department, while
one is under the Ministry of Finance. The Central agencies under the
Prime Minister's department are:
 Public Service Department (JPA);
 Economic Planning Unit (EPU);
 Implementation Coordinating Unit (ICU);
 Socio-economic Research Unit (SERU); and
 Modernisation of Administration and Management Planning Unit of
Malaysia (MAMPU).
THE AGENCY UNDER THE MINISTRY OF FINANCE IS THE TREASURY

The Ministries, such as the Ministry of Higher Education, Ministry of Education,

and the Ministry of Health function as the executive agencies. This role is also
exercised by the departments, commissions and units in a ministry.

PRIME MINISTER'S DEPARTMENT

Among the 27 ministries formed to administrate the Federal Government, the

Prime Minister's Department is the most important ministry or department.

The functions carried out by the Prime Minister's Department are to:
(a)Plan and coordinate all national policies; and
(b)Determine government policies and ensure their smooth and efficient
operation through the ministries.

There are many important organisations or central government agencies under

the jurisdiction of the Prime Minister's department. These include:

1) National Planning Council 1) National Islamic Affairs Council

2) National Security Council National 2) Legal Aid Bureau
Development Council Attorney-
General’s Department Auditor-
General’s Department Anti
Corruption Agency National Unity
Department
NATIONAL PLANNING COUNCIL

This council, formerly known as the National Economic Council, is chaired by the
Prime Minister and consists of senior ministers. The main function of the council is
to:
(a) Complete national economic development programmes; and
(b) Coordinate, study, and implement economic projects such as the Malaysia
Five Year Plan.

The Council is aided by the National Planning and Development Committee which
is headed by the Chief Secretary and the Economic Planning Unit (EPU).

NATIONAL DEVELOPMENT COUNCIL

The Council is headed by the Prime Minister and consists of all the cabinet
ministers. The main functions of the National Development Council are to:
(c) Study reports and progress of government agencies like ministries and
departments; and
(d) Coordinate development projects between the central government and state
governments. The coordination is carried out with the assistance of:
 State Action Council;
 District Action Committee; and
 Committee for Progress and Security of Villages.
NATIONAL SECURITY COUNCIL
The council is also chaired by the Prime Minister and comprises senior
ministers. The main functions of the National Security Council are to:
(a) Coordinate, study and solve national security issues; and
(b) Cooperate with government agencies on the state level, that is, the
Committee for State Security, on matters relating to security.

In Sabah, there were several socio economic-based associations fighting

for social and economic interests of the local population. Meanwhile in
Sarawak, the Sarawak Malay Association was established in 1939. This
association aimed to develop the Sarawak Malays in all fields, as well as
to cultivate cooperation among them.
ATTORNEY-GENERAL'S DEPARTMENT
This department is headed by the Attorney-General who acts as the legal
advisor on the national level.

The areas of authority of the Attorney-General's Department are:

(a) Studying investigation reports submitted by police and Anti Corruption
Agency and prosecuting if there is sufficient and substantial evidence;
(b) Have the right to be heard in court;
(c) Possesses discretion in proceeding, delaying or cancelling a
prosecution;
(d) Can act as a Public Prosecutor;
(e) Represent the government in civil claims in court; and
(f) Assist ministers or government in drafting laws or making
amendments to the constitution.
FUNCTIONS OF THE CENTRAL AGENCIES
(a) Public Services Department (JPA)

The functions of JPA are to:

(i) Plan and implement policies relating to intake, promotion and
discipline of government staff;
(ii) Determine the salary, allowance and pension schemes of civil
servants, as well as provide a forum to discuss the schemes
with representatives of the civil service;
(iii) Have discussions with the Treasury to solve issues on salary
increment, bonuses and incentives; and
(iv) Administrate the National Administration Institute (INTAN) and
provide training for civil servants.
(b) Economic Planning Unit (EPU)

The Unit is a central agency that is vital in planning the national

economy. The main functions of the EPU are to:

I. Provide five year development plans;

II. Coordinate government bodies and ensure the
implementation of approved projects;
III. Restudy the five-year plans; and
IV. Advise the government on current and international issues
on economy.

The EPU also functions as a secretariat to the:

 National Planning Council;

 Committee for Planning and National Development;
 Committee for International Investments;
 Special Unit for Privatisation;
 Economic Panel; and
 Malaysian Technical Assistance Plan for developing nations.
(c) Implementation Coordinating Unit (ICU)
The Implementation Coordinating Unit (ICU) was established to
ensure the coordination and implementation of all development
plans and government policies. The main functions of the ICU are to:

1. Ensure all government economic policies, such as the National

Development Policy, achieve targets;
2. Oversee the operations of public agencies and corporations, such
as PETRONAS, PERNAS, HICOM and MISC;
3. Implement community restructuring plans to encourage the
participation of Bumiputeras in the business and industry sectors;
and
4. Act as the secretariat to the National Development Council.
(d) Socio-Economic Research Unit (SERU)

The Socio-Economic Research Unit (SERU) was established to conduct

research into government development programmes and the effects on the

socio-economics of the society. The main functions of SERU are to:

1) Studying the implications of development programmes and policies

implemented by the government on the people;

2) Gather information and conduct research to assist the government in

planning future programmes; and

3) Conduct specific research on the effects of rural development,

industrialisation, agriculture and urbanisation.

(e) Modernisation of Administration and Management Planning Unit of
Malaysia (MAMPU)

MAMPU is the central agency established specifically to improve the system

of management and administration of government bodies.

The main functions of MAMPU are to:

(i) Improve the efficiency of management of government offices and

staff;
(ii) Improve public administration, such as through the use of
information and communication technology; and
(iii) Provide advice and consulting services to improve the capability to
administrate government agencies.
MINISTRIES

 Ministries are the highest administrative bodies in the administration

system of the Federal Government. Each ministry is headed by a minister
who is aided by a deputy minister and parliamentary secretary.

 To date, there are 27 ministries and each ministry is aided by its

respective departments, sections, agencies and statutory bodies.

 The total number of ministries can be increased or decreased according

to the needs of the country.

 The head of administration for a ministry is the Chief Secretary while the
administrative authority for the Prime Minister's department is the National
Chief Secretary.
MINISTRIES

 The National Chief Secretary is also the head of public administration at

the federal level.

 All chief administrators of the Prime Minister's department and ministries

are civil servants.

 The functions of a ministry are to:

 Plan policies, control and coordinate programmes under the Minister’s
directives;
 Control the implementation of programmes by implementation
agencies.

 Under each ministry, there are several departments that assist in

implementing the functions above.
 EXAMPLES: Departments and Bodies under the Ministries

Ministry Department/Body
Works Ministry Works Department
Ministry of Agriculture (a)Department of Agriculture
(b)Department of Fisheries
(c)Department of Veterinary Services
(d)Department of Drainage and Canals
Ministry of Information (a)Department of Information
(b)National Film Board
Prime Minister's (a)Attorney-General's Department
Department (b)Public Complaints Bureau
(c)Legal Aid Bureau
Ministry of Finance (a)Inland Revenue Board
(b)Royal Customs and Excise Department of Malaysia
Ministry of Science, (a)Department of Chemistry
Technology and the (b)Department of Wildlife Protection and National Parks
Environment
Ministry of Home Affairs (a)Immigration Department
(b)National Registration Department
(c)Department of Prisons
STATUTORY BODIES

Generally, the administration of the government machinery is driven by

public corporations. Public corporations are bodies or agencies owned
by the government for specific purposes, such as assisting farmers,
breeders, fishermen and entrepreneurs. Its ultimate goal is to improve
the country's economy and development. All public corporations are
handled under the Federal Government, State Government or
specific ministries.

Public corporations are generally divided into two categories:

1. Statutory bodies
2. Non-statutory bodies
Statutory bodies have the following features:
 Established under Act of Parliament or Enactment of State;
 Usually established to assist a certain economic sector without having to be tied
down with bureaucracy;
 All programmes and income or budgets are under the scrutiny of central
agencies;
 The body is handled by a Board of Directors and headed by a Director appointed
by the Public Services Department; and
 The body is allowed to obtain its own funds and form subsidiaries.

Ministry Statutory Bodies Roles

Finance (a) Bank Negara Malaysia (BNM) – Advise the government on matters pertaining
(b) Employee Provident Fund (EPF) to finance
– Encourage savings for pensioners
Entrepreneur (a) Majlis Amanah Rakyat (MARA) – Encourage Bumiputra in the business sector
Development
(b) Urban Developmet Authority (UDA) – Encourage Bumiputra participation in urban
development
Primary (a) Palm Oil Research Institute of – Research and develop the palm oil industry
Industries Malaysia (PORIM) – Research and develop the rubber industry
(b) Malaysian Rubber Board (MRB)
Land and – Open and manage land programmes for
Cooperative (a) Federal Land Development rubber, oil palm and other estates
Development Authority

Examples of Statutory Bodies, and their functions according to respective ministries

Meanwhile non-statutory bodies have the following features:
 Established under the Companies Act for the purpose of allowing
the government to be actively involved in certain projects;
 Main objective is to gain profit through business;
 Function similarly to private companies, as non-statutory bodies are
free to plan programmes, obtain financial sources and spend funds;
 Handled by a Board of Directors which is appointed by ministers
and headed by a general manager;
 The scheme of service by its members are more flexible, like
private companies; and
 Free to form subsidiaries.

Examples of non-statutory bodies under the jurisdiction of the Ministry of

Finance are as follows:
 Bumiputera Commerce Bank;
 Industrial Bank of Malaysia Berhad; and
 Islamic Bank of Malaysia Berhad.

Their function is to encourage savings and develop the economic sectors

and help companies in dire straits due to the economic downturn.
COMMISSIONS

 To ensure the government's administrative machinery runs smoothly

and systematically, the government formed various commissions,
both permanent and on ad hoc basis.

 Permanent commissions are like the Elections Commissions and

Public Services Commissions.

 Ad hoc commissions are formed to investigate or solve problems

and current issues.

 A commission is an independent body, just and impartial.

COMMISSIONS

The establishment of a commission, whether permanent or ad hoc, is to

ensure that the commission can carry out administrative duties efficiently
and fairly, especially in order to form a peaceful and harmonious nation.
To guarantee the commission is independent without interference from
any parties, the members of the commission are specially appointed. The
commission members are appointed by the YDPA, after consultation with
the Council of Rulers. Politicians (Ministers, Members of Parliaments, State
Assemblymen) cannot be appointed to any commission. Commission
members can only be dismissed via a tribunal. The salary for the members
of the commission are determined by Parliament from the Joint Funds.
COMMISSIONS

Among the permanent commissions at the Federal level are:

(a) Public Services Commission–specifically for civil servants;

(b) Education Services Commission–specifically for educators and
teachers;
(c) Police Commission–specifically for members of the police force;
(d) Commission for Legal and Judicial Services–specifically for members
of the judiciary and legal profession; and
(e) Armed Forces Council- specifically for members of the armed forces.
COMMISSIONS

Ad hoc commissions are special and independent commissions

established to study or analyse a current issue of interest and to provide
suggestions to the government.

Examples of ad hoc commissions include:

(i) Aziz Salary Commission; and
(ii) Harun Salary Commission.
NEXT WEEK’S TASK

Find about these commissions OBJECTIVES, FUNCTIONS, and LOGO

(if any):
1. Malaysia Anti Corruption Commission
2. Election Commission
3. National Water Service Commission
4. Energy Commission Malaysia
5. Malaysian Communication and Multimedia Commission
6. Securities Commission Malaysia
7. Companies Commission of Malaysia
8. Co-operatives Commission Malaysia
9. Aziz Salary Commission
10. Harun Salary Commission
** Do in Microsoft Powerpoint. Simple slides, 1-3 slides only.
 SUMMARY
 As a country that practises the Constitutional Monarchy system, the administration
of the country is under the patronage of the Seri Paduka Baginda Yang di-Pertuan
Agong.

 The appointment of His Highness is done by the Council of Rulers.

 The responsibilities of the Yang di-Pertuan Agong and methods of selecting a

candidate for the post of Yang di-Pertuan Agong by the Council of Rulers were
discussed.

 Information on how the executive, legislative and judiciary bodies cooperate

among one another to move the administrative machinery in the country is
highlighted too.

 The role of the national administrative machinery is to ensure the demands of the
people are conveyed via their representatives in Parliament.

 The relevant bodies have specific responsibilities and are mutually linked.

 Generally, should the machinery fail to function, many programmes and

government policies would not be implemented.