Constitution and territorial jurisdiction of Magistrates’ Courts
s 76
(1) The Yang di-Pertuan Agong may, by order, constitute so many Magistrates’ Court as he may think fit, and shall have power, if he thinks fit, to assign local limits of jurisdiction thereto. *(2) Subject to this Act or any other written law, a Magistrates’ Court shall have jurisdiction to hear and determine any civil or criminal cause or matter arising within the local limits of jurisdiction assigned to it under this section, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia: Provided that no Magistrate shall have jurisdiction to hear or determine any cause or matter arising in any State in and for which he has not been appointed to be a Magistrate save in the manner and to the extent provided in the Criminal Procedure Code [Act 593] and the law for the time being in force relating to civil procedure. (3) Magistrates’ Courts shall ordinarily be held at such places as the Chief Judge may direct, but should necessity arise they may also be held at any other place within the limits of their jurisdiction. Ex officio First Class Magistrates **77. (1) The persons for the time being holding or acting in the offices specified in the Fourth Schedule shall, ex-officio, be First Class Magistrates, in and for the respective States designated therein. (2) The Yang di-Pertuan Agong may, by notification in the Gazette, delete any office from, vary, or add any office to, the list of offices in the Fourth Schedule. Appointment of First Class Magistrates ***78. Without prejudice to section 77, the State Authority may, on the recommendation of the Chief Judge in each case, appoint any fit and proper person to be a First Class Magistrate in and for the State. * NOTE—For application in Sabah and Sarawak–see P.U. (A) 357/1980. ** NOTE—For application in Federal Territory, Sabah and Sarawak–see P.U. (A) 43/1974 and P.U. (A) 357/1980. *** NOTE—For application in Federal Territory–see P.U. (A) 43/1974.