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Public Authorities Protection Act 1948 (Revised 1978)

LAWS OF MALAYSIA

REPRINT

Act 198

PUBLIC AUTHORITIES

PROTECTION ACT 1948

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

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PUBLIC AUTHORITIES PROTECTION ACT 1948

First enacted ... ... ... ... ... ... 1948 (Ordinance No. 19 of 1948)

Revised ... ... ... ... ... ... ... 1978 (Act 198 w.e.f. 15 February 1978)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 198

PUBLIC AUTHORITIES PROTECTION ACT 1948

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Protection of persons acting in execution of statutory or other public duty

3. Repeal SCHEDULE

Laws of Malaysia ACT 1984

Public Authorities Protection 5

LAWS OF MALAYSIA

Act 198

PUBLIC AUTHORITIES PROTECTION ACT 1948

An Act relating to the protection of persons acting in the execution of statutory and other public duties.

[Peninsular Malaysia--19 August 1948;

Sabah and Sarawak--25 February 1965]

Short title

1. This Act may be cited as the Public Authorities Protection Act 1948.

Protection of persons acting in execution of statutory or other public duty

2. Where, after the coming into force of this Act, any suit, action, prosecution or other proceeding is commenced in the Federation against any person for any act done in pursuance or execution or intended execution of any written law or of any public duty or authority or in respect of any alleged neglect or default in the execution of any such written law, duty or authority the following provisions shall have effect:

(a) the suit, action, prosecution or proceeding shall not lie or be instituted unless it is commenced within thirty-six months next after the act, neglect or default complained of or, in the case of a continuance of injury or damage, within thirty-six months next after the ceasing thereof; (b) whenever in any such suit or action a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client;

(c) where the proceeding is a suit or action for damages, tender of amends before the suit or action was commenced may be pleaded in lieu of or in addition to any other plea; Laws of Malaysia ACT 1986

(d) if the suit or action is commenced after the tender or offer in writing, or is proceeded with after payment into court of any money in satisfaction of the plaintiff's claim, and the plaintiff does not recover more than the sum tendered, offered or paid, he shall not recover any costs incurred after the tender, offer or payment, and the defendant shall be entitled to costs to be taxed as between solicitor and client as from the time of the tender, offer or payment, and the costs up to the time of such tender, offer or payment shall be in the discretion of the court:

Provided that this provision shall not affect costs on any injunction in the suit or action.

Repeal

3. The Enactments and the Ordinance mentioned in the Schedule to this Act are hereby repealed.

Public Authorities Protection 7

SCHEDULE

[Section 3]

REPEAL

Federated Malay States Cap. 30 The Public Authorities Protection Enactment of the Federated Malay States.

Johore Enactment No. 60 The Public Authorities Protection Enactment of the State of Johore.

Kedah Enactment of No. 11 of The Public Authorities Protection 1359 Enactment 1359 of the State of Kedah.

Kelantan Enactment No. 3 of 1931 The Public Authorities Protection Enactment 1931 of the State of Kelantan.

Perlis Enactment No. 3 of 1340 The Public Authorities Protection Enactment 1340 of the State of Perlis.

Terengganu Enactment No. 2 of The Public Authorities Protection 1356 Enactment of the State of Terengganu.

Straits Settlements Cap. 14 The Public Authorities Protection Ordinance of the Straits Settlements.

Sabah Cap. 111 The Public Authorities Protection

Ordinance of Sabah

Laws of Malaysia ACT 1988

LAWS OF MALAYSIA

Act 198

PUBLIC AUTHORITIES PROTECTION ACT 1948

LIST OF AMENDMENTS

Amending law Short title In force from

L.N. 67/1965 Modification of Laws (Government 25-02-1965 Proceedings and Public Authorities

Protection) (Extension and

Modification) Order 1965

Act A252 Public Authorities Protection 14-06-1974 (Amendment) Act 1974

Public Authorities Protection 9

LAWS OF MALAYSIA

Act 198

PUBLIC AUTHORITIES PROTECTION ACT 1948

LIST OF SECTIONS AMENDED

Section Amending authority In force from

2 Act A252 14-06-1974

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA