My bookmarksSign up free
← Notaries Public Act 1959

Notaries Public Act 1959 s 2

Notaries Public Act 1959 s 2

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 2

In this Act, unless the context otherwise requires- "Bar Council" means the central council of the Malaysian Bar established under section 47 of the Legal Profession Act 1976 [Act 166]; "notary public" means a person who has been appointed as a notary public under section 3 but does not include any person whose appointment has been revoked under section 5; "place of practice" means the territory or part thereof within which a person is appointed to practise as a notary public under section 3; "prescribed" means prescribed by or under this Act; "State Attorney General" means the State Attorney General, Sabah, or the State Attorney General, Sarawak, as the case may require. Laws of Malaysia Appointment of notaries public #3. (1) Subject to subsection (3), the Attorney General may, from tume to time, appoint tit and proper persons to be notaries public to practise within Peninsular Malaysia or Sabah or Sarawak or such part of those territories for such period as may be specified in the appointment. (1A) Notwithstanding any other law to the contrary, where any person has been appointed to be a notary public before the coming into force of this subsection and no period is specified in that appointment, the appointment shall cease to have effect upon the expiry of the period of two years from the date of coming into force of this subsection. (1B) Nothing in subsection (1A) shall be construed as preventing the reappointment under subsection (1) of any person whose appointment has ceased to have effect by virtue of subsection (1A), and every such reappointment shall be deemed to be a new appointment. (2) No person shall be appointed to be a notary public unless he is a practising advocate or a pleader licensed under the Pleaders and Petition Writers Enactment of the State of Terengganu [Tr. 59 of 1356] and who was so licensed before 1 January 1956: Provided that in any place in which a suitable advocate is not available for appointment, the Attorney General may, in his discretion, appoint a public officer to be a notary public, and any fees received by a public officer so appointed in respect of his functions as a notary public shall be paid into the Consolidated Fund. (3) The Attorney General shall not make any appointment under this section without consulting the Bar Council or, in relation to Sabah or Sarawak, without consulting the State Attorney General. (4) In making any appointment under this section the Attorney General shall have regard to the number of notaries public already practising in the place where the applicant proposes to practise and to the convenience of the inhabitants of such place, but, subject as aforesaid, the Attorney General shall have absolute discretion in making or refusing to make any such appointment and there shall be no appeal from his decision. Notaries Public (5) If it shall appear to the Attorney General or, where the place of practice is in Sabah or Sarawak, to the State Attorney General, that any notary public is about to be absent trom his place of practice for a period exceeding one month, the Attorney General or the State Attorney General, may appoint any person, being a practising advocate, to be a notary public temporarily during the absence of that notary public. (6) No temporary appointment of a notary public shall have effect for a longer period than twelve months and any such appointment shall lapse on the death or on the return to his place of practice of the notary public on account of whose departure the appointment was made. (7) Every appointment under subsection (1) or (5) and the lapse of every temporary appointment under subsection (6) shall be published in the Gazette. Privileges of notaries public *NOTE-In its application to Sabah and Sarawak-see L.N. 98/1965. * NOTE-In its application to Sabah and Sarawak-see L.N. 98/1965.

Malay text (authoritative)

Dalam Akta ini, melainkan jika konteksnya menghendaki makna yang lain— "ditetapkan" ertinya ditetapkan oleh atau di bawah Akta ini; "Majlis Peguam" ertinya majlis pusat Bar Malaysia yang ditubuhkan di bawah seksyen 47 Akta Profesion Undang-Undang 1976 [Akta 166]; "notari awam" ertinya seseorang yang telah dilantik sebagai notari awam di bawah seksyen 3 tetapi tidak termasuk mana-mana orang yang pelantikannya telah dibatalkan di bawah seksyen 5; "Peguam Besar Negeri" ertinya Peguam Besar Negeri, Sabah, atau Peguam Besar Negeri, Sarawak, mengikut kehendak keadaan; "tempat amalan" ertinya wilayah atau bahagiannya yang di dalamnya seseorang itu dilantik untuk menjalankan amalan sebagai notari awam di bawah seksyen 3. *CATATAN—Bagi pemakaian ke Sabah dan Sarawak-lihat L.N. 98/1965.

Read this section in the full act →

Find Act 115 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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).

What to look at next