Section 21
Construction of enabling words
of Interpretation and General Clauses Act
(1)
Whenever any written law, either expressly or by necessary implication, confers on any person power to do or enforce the doing of any
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act or thing, all such powers shall be understood to be also conferred as are reasonably necessary to enable the person to do or enforce the doing of the act or thing.
(2)
Without prejudice to the generality of subsection (1) —
(a)
a power to provide for, prohibit, control or regulate any matter includes power to provide for that matter by the licensing thereof and power to prohibit acts whereby the prohibitions, control or regulations affecting that matter might be evaded;
(b)
a power to grant a licence, permit, authority, approval or exemption includes power to impose reasonable conditions subject to which such licence, permit, authority, approval or exemption may be granted;
(c)
power to approve any person or thing includes power to withdraw approval thereof; and
(d)
power to give directions includes power to couch the same in the form of prohibitions.
(3)
Without prejudice to the generality of subsection (1), whenever in any written law one of the following expressions, namely, “as His Majesty the Sultan and Yang Di-Pertuan may appoint”, or “as His Majesty the Sultan and Yang Di-Pertuan may direct”, or “as may be designated by His Majesty the Sultan and Yang Di-Pertuan”, or any similar expression, appears, and no power is expressly conferred upon His Majesty the Sultan and Yang
Di-Pertuan to make the appointment, give the direction or make the designation, or as the case may be, such power shall nevertheless be deemed to be conferred by necessary implication.
(4)
Subsection (3) shall have effect in relation to His Majesty the
Sultan and Yang Di-Pertuan, His Majesty the Sultan and Yang Di-Pertuan in
Council, a public body, public officer or other person as it has effect in relation to His Majesty the Sultan and Yang Di-Pertuan, and shall have effect in respect of any instrument or other matter as it has effect in respect of appointments or directions.
(5)
Without prejudice to the generality of subsection (1), whenever in any written law power is expressly or impliedly conferred on His Majesty the Sultan and Yang Di-Pertuan, His Majesty the Sultan and Yang
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Di-Pertuan in Council, a public body or a public officer to make any
Proclamation, warrant, order, instrument or appointment, or to give any direction, approval or notice, and it does not expressly appear what effect any such making or giving shall have, the instrument or document made or executed in pursuance of such power shall, if lawfully made in conformity with the power so conferred, have effect nevertheless according to its tenor.