Malaysia legislation
Section 207
Section 207
Immunity
(a)
the Government of Malaysia or a State Government;
(b)
the Minister;
(c)
the Corporation;
(d)
Bank Negara Malaysia;
Malaysia Deposit Insurance Corporation 203
(e)
any director, officer or employee of any such Government,
Corporation or Bank Negara Malaysia, either personally or in their official capacity;
(f)
any appointed person under paragraph 99(1)(c), any receiver, manager, receiver and manager, liquidator or conservator appointed pursuant to this Act, the Assessor
Committee or any member of the Assessor Committee;
(g)
any director, officer, employee of a bridge institution or any wholly owned subsidiary of the Corporation; or
(h)
any person lawfully acting on behalf of any such
Government, Corporation, Bank Negara Malaysia or any such director, officer or employee, either personally or in his capacity as a person acting as such, for or on account of, or in respect of, any act done or statement made or omitted to be done or made, or purporting to be done or made or omitted to be done or made, in pursuance or in execution of, or intended pursuance or execution of, this Act, or any order in writing, direction, instruction, notice or other thing whatsoever issued under this Act:
Provided that such act or statement was done or made, or was omitted to be done or made, in good faith.
(2)
The act or statement referred to in the proviso of subsection (1)
shall be deemed, unless proven otherwise, to be done or made, or omitted to be done or made, in good faith.
(3)
In any event but subject to subsection (4), any action, suit or proceeding by any person under this Act shall be limited only to a claim for damages for any loss suffered by such person.
(4)
For the avoidance of doubt—
(a)
notwithstanding any action, suit or proceeding referred to in subsection (3), any person referred to in
204
paragraphs (1)(a) to (h) shall continue to exercise any or all of its powers under this Act or otherwise; and
(b)
a person who claims to have suffered any loss in relation to any matter that may be determined by the Assessor
Committee under the First Schedule shall first exhaust all remedies under the First Schedule prior to instituting any other action, suit or proceeding in respect of such claim.
(5)
For the purposes of this section, any member of the administration of the Government of Malaysia or a State Government shall be deemed to be an officer of that Government.
(6)
Nothing in subsection (1) shall be construed to relieve the
Corporation from the obligation to make payment in respect of a deposit insured or a takaful or an insurance benefit protected under this Act.
Exemption from liability