16 Offence of accepting gratification
MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009]
Any person who by himself, or by or in conjunction with any other person-
(a) corruptly solicits or receives or agrees to receive for himself or for any other person; orany gratification as an inducement to or a reward for, or otherwise on account of-
(b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,
(A) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; orcommits an offence.
(B) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,
23 Offence of using office or position for gratification
MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009
(1) Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.
(2) For the purposes of subsection (1), an officer of a public body shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.
(3) For the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a state shall be deemed to use his office or position for gratification when he acts contrary to subsection 2(8) of the Eighth Schedule to the Federal Constitution or the equivalent provision in the constitution or Laws of the Constitution of that State.
(4) This section shall not apply to an officer who holds office in a public body as a representative of another public body which has the control or partial control over the first-mentioned public body in respect of any matter or thing done in his capacity as such representative for the interest or advantage of that other public body.
Subsection 2(8) of the Eighth Schedule to the Federal Constitution (8) A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged is any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.