This Act may be cited as the Public Authorities Protection Act 1948.
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.
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Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.
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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 198
(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 plaintiffβs 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.
The Enactments and the Ordinance mentioned in the Schedule to this Act are hereby repealed.
[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 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 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 198
Cite this legislation
- Official citation
- Act 198
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) β
Public Authorities Protection Act 1948 [Act 198] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-198
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).