1 -1. Short title.

This Act may be cited as the Subordinate Courts Rules Act 1955 .

2 -2. Interpretation.

In this Act, unless the context otherwise requires-

  "Committee"  means the Subordinate Courts Rules Committee established by section 3;

  "proceeding"  means any proceeding whatsoever of a civil or criminal nature before a Subordinate Court and includes an application at any stage of a proceeding;

  "remote communication technology"  means a live video link, a live television link or any other electronic means of communication;

[Ins. by Act A1623

*   "Subordinate Court"  means any inferior court from the decisions of which by reason of any written law, there is a right of appeal to the High Court and includes any Court of a Magistrate of the Third Class established under the Subordinate Courts Ordinances of Sabah [Sabah Cap.

3 -3. Establishment and constitution of Rules Committee.

(1) A Committee to be called the Subordinate Courts Rules Committee shall be established with the powers and duties specified in this Act.

(2) The Committee shall consist of the following persons:

(a) the Chief Justice, who shall be the Chairman of the Committee;

(b) the President;

(c) the Chief Judges;

(d) four Judges to be appointed by the Chief Justice for such period as he may specify in writing;

(e) the Attorney General, or his nominee;

(f) the Chief Registrar of the Federal Court;".

[Am. by Act A1623]

(g) three advocates, one practising in the States of Peninsular Malaysia, one practising in Sabah and one practising in Sarawak, appointed by the Chief Justice for such period as he may specify in writing; and

* (h) the Secretary General of the Ministry of Law, or h

4 -4. Duties of Committee.

Subject to any rules of court made under the Courts of Judicature Act 1964, the Committee may make rules for the following purposes:

(a) for regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in Subordinate Courts in all proceedings in or with respect to which those Courts have for the time being jurisdiction (including the procedure and practice to be followed in the registries or offices of the said Courts) and any matter incidental to or relating to the procedure or practice including (but without prejudice to the generality of the foregoing provision) the manner in which, and the time within which, any application which under any written law is to be made to any such Court shall be made;

(aa) for regulating and prescribing the procedure and the practice to be followed in Subordinate Courts in all causes and matters whatsoever in or with respect to the hearing

5 -5. Application.

All rules made under this Act may be made to apply to the whole of Malaysia or any part thereof.

6 -6. Rules applicable to Government suits.

Rules made under this Act shall, unless otherwise provided therein, apply to proceedings by or against the Federal Government or the Government of any State.

7 -7. Powers vested in Committee.

Where by any written law passed before the commencement of this Act, power is given to any authority to regulate or prescribe any procedure or practice in a proceeding in a Subordinate Court, such power shall be deemed to be vested in and exercisable by the Committee.

8 -8. Rules to be laid before Dewan Rakyat.

All rules made under this Act shall as soon as possible be laid before the Dewan Rakyat and if, at the next meeting of Dewan Rakyat after any such rule is laid before it, a resolution is passed annulling such rule or any part thereof the whole of such rule shall be void, but without prejudice to the validity of anything previously done thereunder, as from the date of notification in the Gazette of the passing of the resolution.