1 PART I PRELIMINARY-1. Short title and application.

(1) This Act may be cited as the Government Proceedings Act 1956 and shall have effect throughout Malaysia.

(2) (Omitted) .

2 PART I PRELIMINARY-2. Interpretation.

(1) Any reference in this Act shall, unless the context otherwise requires, include a reference to rules of court made for the purposes of this Act.

(2) In this Act, except in so far as the context otherwise requires or it is otherwise expressly provided-

  "civil proceedings"  means any proceeding whatsoever of a civil nature before a court and includes proceedings for the recovery of fines and penalties and an application at any stage of a proceeding, but does not include proceedings under Chapter VIII of the Specific Relief Act 1950 [Act 137] , or such proceedings as would in England be brought on the Crown side of the Queen's Bench Division;

"Government" includes the Federal Government and the Governments of the States;

  "High Court"  means the High Court in Malaya and the High Court in Borneo or either of them, as the case may

3 PART II SUBSTANTIVE LAW-3. Right of the Government to sue.

Subject to this Act and of any written law where the Government has a claim against any person which would, if such claim had arisen between subject and subject, afford ground fo civil proceedings, the claim may be enforced by proceedings taken by or on behalf of the Government for that purpose in accordance with this Act.

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4 PART II SUBSTANTIVE LAW-4. Claims enforceable by proceedings against Government.

Subject to this Act and of any written law, any claim against the Government which-

(a) is founded on the use or occupation or the right to the use or occupation of State land; or

(b) arises out of the revenue laws; or

(c) arises out of any contract made by the authority of the Government which would, if such claim had arisen between subject and subject, afford ground for civil proceedings; or

(d) is a claim (other than a claim in tort) for damages or compensation not included in the preceding paragraphs which might lawfully be enforced by civil proceedings as between subject and subject,

shall be enforceable by proceedings against the Government for that purpose in accordance with this Act.

5 PART II SUBSTANTIVE LAW-5. Liability of the Government in tort.

Subject to this Act, the Government shall be liable for any wrongful act done or any neglect or default committed by any public officer in the same manner and to the same extent as that in which a principal, being a private person, is liable for any wrongful act done, or any neglect or default committed by his agent, and for the purposes of this section and without prejudice to the generality thereof, any public officer acting or purporting in good faith to be acting in pursuance of a duty imposed by law shall be deemed to be the agent of and to be acting under the instructions of the Government.

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6 PART II SUBSTANTIVE LAW-6. Limits of liability of the Government.

(1) No proceedings shall lie against the Government by virtue of section 5 in respect of any act, neglect or default of any public officer, unless proceedings for damages in respect of such act, neglect or default would have lain against such officer personally.

(2) Any written law which negatives or limits the amount of the liability of any public officer in respect of any act, neglect or default committed by that officer shall, in the case of proceedings against the Government under section 5 in respect of such act, neglect or default of such officer, apply in relation to the Government as it would have applied in relation to such officer if the proceedings against the Government had been proceedings against such officer.

(3) No proceedings shall lie against the Government by virtue of section 5 in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judici

7 PART II SUBSTANTIVE LAW-7. Savings of acts done in exercise of public duties.

(1) Notwithstanding any other provisions of this Act to the contrary no proceedings, other than proceedings for breach of contract, shall lie against the Government on account of anything done or omitted to be done or refused to be done by the Government or any public officer in exercise of the public duties of the Government.

(2) For the purposes of subsection (1) the expression "exercise of the public duties" includes-

(a) the construction, maintenance, diversion and abandonment of railways, roads, bridle-paths or bridges;

(b) the construction, maintenance and abandonment of schools, hospitals or other public buildings;

(c) the construction, maintenance and abandonment of drainage, flood prevention and reclamation works; and

(d) the maintenance, diversion and abandonment of the channels of rivers and waterways.

(3) Nothing in this section sh

8 PART II SUBSTANTIVE LAW-8. Public nuisances.

(1) In the case of a public nuisance the Attorney General, or two or more persons having obtained the consent in writing of the Attorney General, may institute a suit, though no special damage has been caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstances of the case.

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

*(3) The powers of the Attorney General under this section shall, subject to any directions of the Attorney General, be exercisable by the State Attorney General.

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9 PART II SUBSTANTIVE LAW-9. Public, religious, social or charitable trusts.

(1) In the case of any alleged breach of any express or constructive trust for public, religious, social or charitable purposes, or where the direction of the court is deemed necessary for the administration of any such trust, the Attorney General or two or more persons having an interest in the trust and having obtained the consent in writing of the Attorney General, may institute a suit or be joined as a party in any existing suit on behalf of the Government or the public for the purpose of-

(a) asserting any interest or right in the trust property;

(b) removing any trustee;

(c) appointing a new trustee;

(d) vesting any property in a trustee;

(e) directing accounts and inquiries;

(f) declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust;

(g) au

10 PART II SUBSTANTIVE LAW-10. Priority of Government debts.

(1) All debts due and claims owing from time to time by any person to the Government, whether upon judgment, bond, or other specialty, or upon simple contract or otherwise, shall be entitled from the date of the accrual thereof, respectively, to a preference of payment over all debts or claims of every kind which shall, subsequent to such date, have been contracted or incurred by or become due from such person to any other person whomsoever.

(2) Nothing herein contained shall affect any right vested in any person by virtue of a mortgage or charge of immovable property duly registered in the manner provided by law for the registration of such mortgage or charge.

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(Refer to )

11 PART II SUBSTANTIVE LAW-11. Sureties to be sued as principals.

All sureties for persons owing money to the Government may be sued as principals; and if the liability is several as well as joint, they may be sued either severally or any two or more of them may be sued together; and either separately or together with the principal debtors, or with any one, two or more of the principal debtors.

12 PART II SUBSTANTIVE LAW-12. Provisions as to industrial property.

(1) Where after the commencement of this Act any servant or agent of the Government infringes a patent, or infringes a registered trade mark, or infringes any copyright and the infringement is committed with the authority of the Government, then, subject to this Act, civil proceedings in respect of the infringement shall lie against the Government.

(2) Save as expressly provided by this section, no proceedings shall lie against the Government by virtue of this Act in respect of the infringement of a patent, a registered trade mark, or a copyright.

13 PART II SUBSTANTIVE LAW-13. Application of law as to indemnity, contribution and contributory negligence.

Where the Government is subject to any liability by virtue of this Part, any written law relating to indemnity, contribution and contributory negligence shall apply in favour of or against the Government in respect of the liability to which it is so subject as if the Government were a private person of full age and capacity.

14 PART II SUBSTANTIVE LAW-14. Provisions relating to the armed forces.

(1) Nothing done or omitted to be done by a member of the forces while on duty as such shall subject either him or the Government to liability in tort for causing the death of another person, or for causing personal injury to another person, in so far as the death or personal injury is due to anything suffered by that other person while he is a member of the forces if-

(a) at the time when that thing is suffered by that other person, he is either on duty as a member of the forces or is, though not on duty as such, on any land, premises, ship, aircraft or vehicle for the time being used for the purposes of the forces; and

(b) the Minister of Finance certifies that his suffering that thing has been or will be treated as attributable to service for the purposes of entitlement to an award under any written law relating to the disablement or death of members of the force of which he is a member:

Provide

15 PART II SUBSTANTIVE LAW-15. Saving in respect of acts done under prerogative and statutory powers.

(1) Nothing in this Part shall extinguish or abridge any powers or authorities which, if this Act had not been passed, would have been exercisable by virtue of the prerogative of the Yang di-Pertuan Agong or a Ruler or Yang di-Pertua Negeri or the Government, or any powers or authorities conferred on the Yang di-Pertuan Agong or a Ruler or Yang di-Pertua Negeri or the Government by any written law, and, in particular, nothing in this Part shall extinguish or abridge any such powers or authorities, whether in time of peace or of war, for the purpose of the defence of the realm or of training, or maintaining the efficiency of, the armed forces.

(2) Where in any proceedings under this Act it is material to determine whether anything was properly done or omitted to be done in the exercise of the prerogative of the Yang di-Pertuan Agong or a Ruler or Yang di-Pertua Negeri or the Government, the Yang di-Pertuan Agong may, if satisfied that the act or

16 PART III JURISDICTION AND PROCEDURE The High Court-16. Civil proceedings in High Court.

Subject to this Act, civil proceedings by or against the Government as are provided by any statutory provision repealed by this Act are hereby abolished, and all civil proceedings by or against the Government in the High Court shall, subject to any other written law for the time being in force, be instituted and proceeded with in accordance with this Act and not otherwise.

17 Sessions Court-17. Civil proceedings in the Sessions Court.

(1) Subject to this Act and of any written law limiting the jurisdiction of a Sessions Court (whether by reference to the subject-matter of the proceedings to be brought or the amount sought to be recovered in the proceedings or otherwise) any civil proceedings against the Government may be instituted in a Sessions Court.

(2) Any proceedings by or against the Government in a Sessions Court shall be instituted and proceeded with in accordance with this Act and not otherwise.

18 General-18. Application of written law relating to procedure.

Subject to this Act, the written law relating to procedure shall apply to civil proceedings by or against the Government in the same way as to suits between subject and subject.

19 General-19. Summary application to the High Court in certain revenue matters.

(1) Subject to and in accordance with rules of court, the Government may apply in a summary manner to the High Court for the payment of any duty, penalty or other sum payable under the written law, or for the delivery of any accounts required to be delivered, or the furnishing of any information required to be furnished, by any written law.

(2) Rules of court made for the purposes of this section may provide that judgment may be given upon an affidavit by a duly authorized officer when the facts are not in dispute upon a written application to the court by such officer.

(3) For the purposes of this section the expression   "duly authorized officer"  means an officer of any Government department whose duty it is to administer or enforce the written law in respect of which such application as is referred to in subsection (2) is made duly authorized by the head of such department for the purpose.

20 General-20. Interpleader.

The Government may obtain relief by way of interpleader proceedings, and may be made a party to such proceedings, in the same manner in which a subject may obtain relief by way of such proceedings or be made a party thereto, and may be made a party to such proceedings notwithstanding that the application for relief is made by a sheriff or other like officer; and all rules of court relating to interpleader proceedings shall, subject to this Act, have effect accordingly.

21 General-21. Parties to proceedings by and against the Federal Government.

(1) Civil proceedings by or against the Federal Government shall be instituted by or against, as the case may be, the Government of Malaysia.

(2) Where any civil proceedings against the Federal Government are instituted, an application may at any stage of the proceedings be made to the court by or on behalf of the Attorney General to have the Government of such State as may be specified in the application substituted for or joined with the Federal Government as defendant to the proceedings.

(3) Upon any such application as is mentioned in the last preceding subsection or in subsection 22(2) the court may if it thinks fit make an order granting the application on such terms as the court thinks just; and on such an order being made the proceedings shall continue as if they had been commenced against the Government specified in that behalf in the order.

22 General-22. Parties to proceedings by and against a State Government.

(1) Civil proceedings by or against the Government of a State shall be instituted by or against the Government of such State.

(2) Where any civil proceedings against the Government of a State are instituted, an application may at any stage of the proceedings be made to the court by or on behalf of the Legal Adviser of such State, or, in the case of the States of Sabah and Sarawak, the State Attorney General to have the Federal Government or the Government of such other State as may be specified in the application substituted for or joined with the Government of such State as defendant to the proceedings.

23 General-23. Suits in the name of deceased persons.

(1) Suits by the Government against deceased persons may be brought in the names of such deceased persons; and on the death after the commencement of any such suit by the Government of any defendant named in such suit, the suit shall not abate, nor shall the name of the deceased defendant be struck out; but the personal representatives, or any of the next of kin, of the deceased defendant or the official administrator, to be appointed as is provided in subsection (2), shall on application ex parte be allowed to intervene to defend, or continue the defence of, the suit as the deceased defendant might have done; and such personal representatives, or next of kin, or official administrator, on entering an appearance, shall give notice in writing thereof to the Government, and shall be served with process as the defendant might have been if he had lived.

(2) If none of the executors named in the will of a deceased defendant, or none of the next of k

24 General-24. Appearance of law officers.

(1) Notwithstanding any written law-

(a) in civil proceedings by or against the Federal Government a law officer, the Parliamentary Draftsman or a Federal Counsel, or, in the case of the States of Sabah and Sarawak, a legally qualified member of the Federal or State Attorney General's Chambers authorized by the Attorney General for the purpose; and

(b) in civil proceedings by or against the Government of a State a law officer, the Parliamentary Draftsman or a Federal Counsel authorized by the Legal Adviser of such State, and, in the case of the States of Sabah and Sarawak, the State Attorney General or any legally qualified member of the State Attorney General's Chambers authorized by the State Attorney General for the purpose,

may appear as advocate on behalf of such Government and may make and do all appearances, acts and applications in respect of such proceedings on behalf of the

25 General-25. Appearance of public officers.

(1) Any public officer authorized by a Minister in respect of proceedings by or against the Federal Government or by the State Secretary, or, in the case of the States of Sabah and Sarawak, by the State Attorney General, in respect of proceedings by or against the Government of a State, to act for such Government in respect of any civil proceedings may appear as advocate on behalf of such Government and shall be deemed to be the recognized agent of such Government by whom all appearances, acts and applications in respect of such proceedings may be made or done on behalf of such Government.

(2) An authorization under subsection (1) may be special in respect of any particular proceedings or general in respect of all proceedings or in respect of all proceedings of a particular class.

26 General-26. Service of documents.

Without prejudice to sections 24 and 25, all documents required to be served on the Government for the purpose of or in connection with any civil proceedings by or against the Government may be served, in the case of proceedings by or against the Federal Government, on the Attorney General or such other officer as may be designated in that behalf, either generally or specially, by the Attorney General by notification in the Gazette, and, in the case of proceedings by or against the Government of a State, on the State Secretary, and, in the case of the States of Sabah and Sarawak, on the State Attorney General of such State.

27 General-27. Removal of proceedings in the High Court or subordinate Courts.

*(1) If at any stage in any civil proceedings in the High Court to which the Government is a party an application in that behalf is made by the Government to the Court and there is produced to the Court a certificate of the Attorney General to the effect that it is in the public interest or for any other reason desirable that such proceedings should be removed to the High Court in Kuala Lumpur the Court shall order the proceedings to be removed accordingly.

*(1A) If, at any stage in any civil proceedings in the High Court to which the State Government is a party, an application in that behalf is made by the State Government to the Court and there is produced to the Court a certificate of the State Attorney General to the effect that it is in the public interest or for any other reason desirable that such proceedings should be removed to the High Court in Kota Kinabalu/Kuching the Court shall order the proceedings to be removed accordingly.

28 General-28. Removal and transfer of proceedings.

Without prejudice to the rights of the Government under section 27 any written law relating to the removal or transfer of proceedings from a subordinate Court to the High Court or the transfer of proceedings from the High Court to a subordinate Court, shall apply in relation to proceedings against the Government:

Provided that an order for the transfer to a subordinate Court of any proceedings against the Government in the High Court shall not be made without the consent of the Government and shall not be conditional upon the giving of security by the Government.

29 General-29. Nature of relief.

(1) In any civil proceedings by or against the Government the court shall, subject to this Act, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require:

Provided that-

(a) where in any proceedings against the Government any such relief is sought as might in proceedings between subjects be granted by way of injunction or specific performance, the court shall not grant an injunction or make an order for specific performance, but may in lieu thereof make an order declaratory of the rights of the parties; and

(b) in any proceedings against the Government for the recovery of land or other property the court shall not make an order for the recovery of the land or the delivery of the property, but may in lieu thereof make an order declaring that the plaintiff is entitled as against the Government to t

30 General-30. Appeals and stay of execution.

Subject to this Act, all written laws and rules of court relating to appeals and stay of execution shall, with any necessary modifications, apply to civil proceedings by or against the Government as they apply to proceedings between subjects.

31 PART IV COSTS, JUDGMENTS AND EXECUTION-31. Costs.

(1) Subject to this section, in any civil proceedings or arbitration to which the Government or a public officer is a party the court shall have power to order costs for or against such Government or public officer in the same manner and upon the same principles as in proceedings between subject and subject:

Provided that-

(a) in the case of proceedings to which by reason of any written law or otherwise the Attorney General or any officer of Government as such is authorized or required to be made a party, the court shall have regard to the nature of the proceedings and the circumstances in which the Attorney General or such officer appears and may in the exercise of its discretion order any other party to the proceedings to pay the costs of the Attorney General or such officer whatever may be the result of the proceedings; and

(b) nothing in this section shall affect the power of the court to order

32 PART IV COSTS, JUDGMENTS AND EXECUTION-32. Interest on debts, damages and costs.

(1) Any written law relating to the payment of interest on judgment debts, damages or costs shall apply to judgments given in proceedings by or against the Government.

(2) This section shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter.

33 PART IV COSTS, JUDGMENTS AND EXECUTION-33. Satisfaction of orders against the Government.

(1) Where in any civil proceedings by or against the Government or in any proceedings under Chapter VIII of the Specific Relief Act 1950, or in any such proceedings as would in England be brought on the Crown side of the Queen's Bench Division, or in connection with any arbitration to which the Government is a party, any order (including an order for costs) is made by any court in favour of any person against the Government or against an officer of the Government as such, the proper officer of the court shall, on an application in that behalf made by or on behalf of that person at any time after the expiration of twenty-one days from the date of the order or, in case the order provides for the payment of costs and the costs require to be taxed, at any time after the costs have been taxed, whichever is the later, issue to that person a certificate in the prescribed form containing particulars of the order:

Provided that, if the court so directs,

34 PART IV COSTS, JUDGMENTS AND EXECUTION-34. Execution by the Government.

(1) Subject to this Act, any order made in favour of the Government against any person in any civil proceedings to which the Government is a party may be enforced in the same manner as an order made in an action between subjects, and not otherwise.

(2) This section shall apply both in relation to proceedings pending at the commencement of this Act and in relation to proceedings instituted thereafter.

(3) Nothing in this section shall affect any procedure which immediately before the commencement of this Act was available for enforcing an order made in favour of the Government in proceedings brought by the Government for the recovery of any fine or penalty, or the forfeiture or condemnation of any goods, or of any ship or any share in a ship.

35 PART IV COSTS, JUDGMENTS AND EXECUTION-35. Attachment of moneys payable by the Government.

(1) Where any money is payable by the Government to some person who, under any order of any court, is liable to pay any money to any other person, and that other person would, if the money so payable by the Government were money payable by a subject, be entitled under rules of court to obtain an order for the attachment thereof as a debt due or accruing due, or an order for the appointment of a sequestrator or receiver to receive the money on his behalf, the High Court may, subject to this Act and in accordance with rules of court, make an order restraining the firstmentioned person from receiving that money and directing payment thereof to that other person, or to the sequestrator or receiver.

(2) No such order shall be made in respect of any money which is subject to any written law prohibiting or restricting assignment or charging or taking in execution.

(3) No such order shall be made unless and until there shall have been produced

36 PART V MISCELLANEOUS AND SUPPLEMENTAL Miscellaneous-36. Discovery.

(1) Subject to and in accordance with rules of court-

(a) in any civil proceedings in the High Court or a subordinate Court to which the Government is a party, the Government may be required by the court to make discovery of documents and produce documents for inspection; and

(b) in any such proceedings as aforesaid, the Government may be required by the court to answer interrogatories:

Provided that this section shall be without prejudice to any other written law, or to any rule of law which authorizes or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

(2) Any order of the court made under the powers conferred by paragraph (1)(b) shall direct by what officer of the Government the interrogatories are to be answered.

(3) Without prejudice to th

37 PART V MISCELLANEOUS AND SUPPLEMENTAL Miscellaneous-37. Exclusion of proceedings in rem against the Government.

(1) Nothing in this Act shall authorize proceedings in rem in respect of any claim against the Government, or the arrest, detention or sale of any ships or aircraft, or of any cargo or other property belonging to the Government, or give to any person any lien on such ship, aircraft, cargo or other property.

(2) Where proceedings in rem have been instituted in the High Court or in a subordinate Court against any such ship, aircraft, cargo or other property, the court may, if satisfied, either on an application by the plaintiff for an order under this subsection or an application by the Government to set aside the proceedings, that the proceedings were so instituted by the plaintiff in the reasonable belief that the ship, aircraft, cargo or other property did not belong to the Government, order that the proceedings shall be treated as if they were in personam duly instituted against the Government in accordance with this Act, or duly instituted a

38 PART V MISCELLANEOUS AND SUPPLEMENTAL Miscellaneous-38. Limitation of actions.

Any written law relating to the limitation of time for bringing proceedings against public authorities may be relied upon by the Government as a defence in any civil proceedings against the Government.

39 PART V MISCELLANEOUS AND SUPPLEMENTAL Miscellaneous-39. Application to the Government of certain statutory provisions.

This Act shall not prejudice the right of the Government to take advantage of any written law although not named therein; and in any civil proceedings against the Government any written law which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provision to the contrary, be so relied upon by the Government.

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40 PART V MISCELLANEOUS AND SUPPLEMENTAL Miscellaneous-40. (Omitted) .

41 PART V MISCELLANEOUS AND SUPPLEMENTAL Miscellaneous-41. Proceedings in courts other than the High Court and Sessions Court.

(1) The Yang di-Pertuan Agong may by order make such provision as appears to him to be expedient with respect to civil proceedings by or against the Government in any court not being the High Court or a Sessions Court.

(2) An order made under this section may in particular-

(a) define the jurisdiction of the court to which the order relates in civil proceedings by or against the Government; and

(b) apply, in relation to civil proceedings by or against the Government in the said court, any provisions of this Act which would not otherwise apply in relation to those proceedings with such additions, exceptions and modifications as appear to the Yang di-Pertuan Agong to be expedient.

(3) Any such order shall have effect notwithstanding any provision made by or under any written law with respect to the court in question; and any such order may provide for amending or revoking any pr

42 Supplemental-42. Rules of court.

(1) Any power to make rules of court shall include power to make rules for the purpose of giving effect to this Act, and any such rules may contain provisions to have effect in relation to any proceedings by or against the Government in substitution for or by way of addition to any of the rules applying to proceedings between subjects.

(2) Provision shall be made by rules of court with respect to the following matters-

(a) for securing that where any civil proceedings are brought against the Government in accordance with this Act the plaintiff shall, before the Government is required to take any step in the proceedings, provide the Government with such information as the Government may reasonably require as to the circumstances in which it is alleged that the liability of the Government has arisen and as to the departments and officers of the Government concerned;

(b) for providing that in the case

43 Supplemental-43. Pending proceedings.

Save as otherwise expressly provided, this Act shall not affect proceedings by or against the Government which have been instituted before the commencement of this Act; and for the purposes of this section proceedings by petition of right shall be deemed to have been so instituted if a petition of right with respect to the matter in question has been left with the Clerk of Council for submission to the Governor in Council before the commencement of this Act.

44 Supplemental-44. Financial provisions.

(1) Any expenditure incurred by or on behalf of the Government by reason of the passing of this Act shall be defrayed out of the revenue of the appropriate Government.

(2) Any sums payable to the Government by reason of the passing of this Act shall be paid into the appropriate Treasury.

45 Supplemental-45. Savings.

(1) Nothing in this Act shall apply to proceedings by or against, or authorize proceedings in tort to be brought against, the Yang di-Pertuan Agong or a Ruler or Yang di-Pertua Negeri in his private capacity.

(2) Except as therein otherwise expressly provided, nothing in this Act shall-

(a) affect the law relating to prize salvage, or apply to proceedings in causes or matters within the jurisdiction of the High Court as a prize court or to any criminal proceedings;

(b) (Omitted) .

(c) (Omitted) .

(d) subject the Government to any greater liabilities in respect of the acts or omissions of any independent contractor employed by the Government than those to which the Government would be subject in respect of such acts or omissions if it were a private person;

(e) affect any rules of evidence or any presumption relating to the extent to which the Governm

46 Supplemental-46. (Omitted) .