Banking and Financial Institutions Act 1989 · As enacted · Part XV · General Provisions
Section 114
Official textFrom Laws of Malaysia Online, unchanged
No action, suit, prosecution or other proceeding whatsoever shall lie or be brought, instituted, or maintained in any court or before any other authority against—
the Government of Malaysia or a State Government;
the Bank;
any officer or employee of any such Government or of the Bank, either personally or in his official capacity; or
officer
"officer", in relation to an institution, includes any employee and the chief executive of the institution;
any person lawfully acting on behalf of any such Government, or on behalf of the Bank, or on behalf of any such officer or employee, either personally or in his capacity as a person acting on such behalf, 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:
person
"person" includes an individual, any corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;
Provided that such act or such statement was done or made, or was omitted to be done or made, in good faith.
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 the respective Government; and
the Governor, Deputy Governor, any director of the Bank, any member of the Advisory Panel, any person appointed by the Bank pursuant to section 3 (3) or section 73 (1) (E) or (2) (a), and any receiver or manager appointed by the High Court pursuant to section 73 (2) (b), shall be deemed to be an officer of the Bank.
In subsection (2) "member of the administration" has the meaning assigned to it in Article 160 (2) of the Federal Constitution.
member
"member", in relation to an institution which is— (a) a corporation, means a shareholder; and (b) a partnership, means a partner;
Terms defined in s 2
Advisory Panel
Defined · s 2"Advisory Panel" means the Advisory Panel established under section 31A (2) of the Ordinance;
director
Defined · s 2"director" includes any person who occupies the position of a director, by whatever name called and, in particular, without prejudice to the foregoing, in the case of— (a) a corporation, has the meaning assigned thereto by the Companies Act 1965; (b) a co-operative society, means a member of the board, or other governing body howsoever called, of the co-operative society; (c) a statutory body, means a member of the board, committee, council or other governing body, howsoever called, of the statutory body; (d) a partnership, means a partner; (e) a sole proprietorship, means the sole proprietor; and (f) any other body, association or group of persons, whether corporate or unincorporate, means any person having the direction and control of the management of its affairs or business;
Governor
Defined · s 2"Governor" means the Governor of the Bank, and includes the Deputy Governor of the Bank;
manager
Defined · s 2"manager", in relation to an institution, means an officer of the institution by whatever name called, responsible for an office of the institution, or for a department or a division of such institution or of its office;
member
Defined · s 2"member", in relation to an institution which is— (a) a corporation, means a shareholder; and (b) a partnership, means a partner;
officer
Defined · s 2"officer", in relation to an institution, includes any employee and the chief executive of the institution;
person
Defined · s 2"person" includes an individual, any corporation, statutory body, local authority, society, trade union, co-operative society, partnership and any other body, organization, association or group of persons, whether corporate or unincorporate;