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Subordinate Courts Act 1948

SUBORDINATE COURTS ACT 1948

AKTA MAHKAMAH RENDAH 1948

Act 92 · consolidated to 1 Jan 2023 · 54 pp

Socio-economic rights

This copy of the Act is 3 years old. Any amendment made since 1 January 2023 is not in this text. Check the AGC record for later amendments.

Why it matters

What this does to artists

There is no Small Claims Act in Malaysia; people look for one and do not find it. The small claims procedure runs in the Magistrates' Court, whose civil jurisdiction comes from this Act, under Order 93 of the Rules of Court 2012. The limit is RM5,000, you file on Form 198, and you appear in person: an advocate does not represent you. For an artist owed a few thousand ringgit by a client, this is usually the cheapest and fastest route there is, and it is the one most people never hear about.

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The no-lawyer rule cuts both ways. It is what makes small claims cheap, and it is why you cannot bring counsel if the other side turns up well prepared. Above RM5,000 you are out of it and into an ordinary Magistrates' or Sessions Court claim, so think before you round a RM5,400 invoice up rather than down.

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What to read first

Section numbers read out of the AGC text itself

topicCivil jurisdiction of Magistrates' Court

topicSessions Court civil jurisdiction

topicJurisdiction of Magistrates' Courts

topicTransfer of proceedings

In practice

Where this one bites

Scenario

Chase an unpaid fee or invoice

Being owed money is common, and it is fixable more often than people expect. Where you go to get it depends on…

Full arrangement of sections 67 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title and application

s.2Interpretation

s.3Courts

s.4Seals of courts

s.5Process of courts

s.5ARegistrar

s.54Power of Sessions Court Judge to call for civil records of courts subordinate thereto 55–

s.59Constitution and territorial jurisdiction of Sessions Courts

s.60Qualifications of Sessions Courts Judges

s.61Transfer of powers to Sessions Courts Judges

s.62Criminal Jurisdiction of Sessions Courts

s.63Criminal jurisdiction

s.64Sentences Civil Jurisdiction of Sessions Courts

s.65Civil jurisdiction of Sessions Courts

s.66Counterclaims in Sessions Courts and transfers therefrom

s.67Relinquishing part of claim

s.68Splitting claims not allowed

s.69Exceptions to jurisdiction

s.70Recovery of immovable property

s.71Jurisdiction to adjudicate on title to immovable property with consent of parties

s.72Power to issue distress

s.73Interpleader

s.74Power to order sale unless security given

s.76Constitution and territorial jurisdiction of Magistrates’ Courts

s.77Ex officio First Class Magistrates

s.78Appointment of First Class Magistrates

s.78AQualifications of First Class Magistrates

s.79Appointment of Second Class Magistrates

s.80Transfer of powers to Magistrates

s.81Magistrates of any class may preside in Magistrates’ Court

s.82General powers and jurisdiction of Magistrates’ Courts and Magistrates

s.83Preliminary process and interlocutory orders

s.84Criminal Jurisdiction of Magistrates

s.85Criminal jurisdiction of First Class Magistrate

s.87Sentences within competence of First Class Magistrate

s.88Criminal jurisdiction of Second Class Magistrate

s.89Sentences within competence of Second Class Magistrate Civil Jurisdiction of Magistrates

s.90Civil jurisdiction of First Class Magistrate

s.92Civil jurisdiction of Second Class Magistrate

s.93Provisions of Act relating to Sessions Court applicable to Magistrates’ Courts

s.98Appointment of Justices of the Peace

s.99Powers of Justices of the Peace

s.99AFurther powers and jurisdiction of courts

s.101Powers of the court in relation to hearings in camera, etc

s.101APower of Sessions Court Judge to hear matters in chambers

s.101BCourt may conduct proceedings through remote communication technology

s.102Sentence in case of conviction for several offences at one trial

s.103Detention pending corporal punishment

s.104Power of Sessions Court Judge or Magistrate to order transfer of criminal cause or matter

s.106Subordinate officers

s.107Protection of judicial officers

s.107APractice directions

s.109Provision to prevent conflict of laws

s.110Repeal and savings

s.111(Omitted)

s.75(Deleted by Ord. 29 of 1951)

s.86(Deleted by Act A1382). Sentences within competence of First Class Magistrate

s.100(Deleted by Act A1382). Powers of the court in relation to hearings in camera, etc

s.105(Deleted by Ord. 34 of 1955). Subordinate officers

s.108(Deleted by Act 7 of 1964). Provision to prevent conflict of laws

s.7Power to order discovery of facts or documents by any party or person in such manner as may be prescribed by rules of court. Process to compel attendance

s.12Power to permit any person to sue or be sued as a poor person and to withdraw the permission in such manner as may be prescribed by rules of court

s.13(Deleted by Act 7 of 1964). *NOTE—For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980. Office copies and certified copies

s.23Power to enforce a judgment of the Court in any manner which may be prescribed in any written law

s.24Defence

s.26APower to make interim payments. Powers under other laws

s.27Such other powers as are now or may hereafter be conferred upon it by any written law. *FOURTH SCHEDULE [Subsection 77(1)]

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Teks Bahasa Malaysia

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Source of record · lom.agc.gov.my/act-detail.php?act=92&lang=BI

Who this reaches

Visual artsMusicFilm & TVPerforming artsLiterature, writing & publishingFashion & craftDigital & mediaMuseum & archivingContent creationEverything else

Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

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