*SUBORDINATE COURTS RULES ACT 1955

The Committee shall consist of the following persons:

In the absence of the Chief Justice, the President or the Chief

Judge of the High Court in Malaya or the Chief Judge of the High Court in Sabah and Sarawak present shall be Chairman of the Committee.

At any meeting of the Committee five members shall be a quorum, of whom the Chief Justice, President or a Chief Judge shall be one.

All questions shall be decided by a majority of votes of the members present and voting. In the event of an equality of votes, the

Chairman shall have a second or casting vote.

If any advocate aforesaid shall cease to officiate as a member of the Committee by reason of death, resignation, absence from the States of Peninsular Malaysia, Sabah or Sarawak, as the case may be, or for any other cause, another advocate shall be appointed in his stead in accordance with the procedure set out in subsection (2).

Duties of Committee

for regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in

Subordinate Courts in all proceedings in or with respect to which those Courts have for the time being jurisdiction

(including the procedure and practice to be followed in the registries or offices of the said Courts) and any matter incidental to or relating to the procedure or practice including

(but without prejudice to the generality of the foregoing provision) the manner in which, and the time within which, any application which under any written law is to be made to any such Court shall be made;

*NOTE—The Ministers of the Federal Government Order 1991 [P.U.(A) 176/1991] is revoked by the

Ministers of the Federal Government Order 1995 [P.U.(A) 203/1995].

8 Laws of Malaysia ACT 55

(aa) for regulating and prescribing the procedure and the practice to be followed in Subordinate Courts in all causes and matters whatsoever in or with respect to the hearing of any matter or proceeding through a remote communication technology;

for regulating and prescribing the procedure in proceedings by way of appeal from a Subordinate Court to the High Court, the time within which any such appeal may be brought, and the procedure in connection with the transfer of proceedings from any Subordinate Court to the High Court or from the High

Court to a Subordinate Court;

for regulating and prescribing the procedure in proceedings by way of appeal from any court or person to a Subordinate Court

(including appeals from a Subordinate Court of inferior jurisdiction to one of superior jurisdiction), the time within which any such appeal may be brought, and the procedure in connection with the transfer of proceedings from one court to another;

for prescribing the fees and percentages to be taken in, and for regulating all matters relating to the costs of, proceedings in

Subordinate Courts;

*(Deleted );

for regulating the joinder of parties and for prescribing in what cases persons absent, but having an interest in a civil matter or proceeding in a Subordinate Court, shall be bound by any order made therein, and in what cases orders may be made for the representation of absent persons by one or more parties to such a proceeding;

for regulating the rate of interest recoverable on debts, including judgment debts, or on the sums found due on taking accounts between parties:

* NOTE—This paragraph has been deleted when law was revised in 1971.

Subordinate Courts Rules 9

Provided that in no case shall any rate of interest exceed eight per centum per annum, unless it has been otherwise agreed between parties;

for regulating the modes in which judgments or orders of a

Subordinate Court in civil matters and proceedings may be executed;

for regulating the discovery of a judgment debtor’s property in aid of the execution of any judgment or order of a Subordinate

Court;

for regulating the taking of evidence before an examiner or on commission or by letters of request, and for prescribing the circumstances in which evidence so taken may be read in a civil matter or proceeding in a Subordinate Court;

for prescribing in what cases a Subordinate Court may act upon the certificate of accountants, actuaries or scientific persons;

for regulating the receipt, disposal and payment out of moneys and securities by, or in the custody of, Subordinate Courts, and the investment thereof and the rate of interest to be charged thereon, and, until other provision is made in respect thereof, the manner in which unclaimed funds may be dealt with;

for prescribing the powers and duties of officers of Subordinate

Courts;

for any purpose for which the Committee is directed or empowered to make rules under any written law.

Application