Section 2

Any reference in this Act shall, unless the context otherwise requires, include a reference to rules of court made for the purposes of this Act.

In this Act, except in so far as the context otherwise requires or it is otherwise expressly provided—

“civil proceedings” means any proceeding whatsoever of a civil nature before a court and includes proceedings for the recovery of fines and penalties and an application at any stage of a proceeding, but does not include proceedings under Chapter VIII of the Specific

Relief Act 1950 [Act 137], or such proceedings as would in England be brought on the Crown side of the Queen’s Bench Division;

“Government” includes the Federal Government and the

Governments of the States;

“High Court” means the High Court in Malaya and the High

Court in Borneo or either of them, as the case may require;

“Land law” means the National Land Code [Act 56 of 1965] and the corresponding law in force in any State;

“law officer” means the Attorney General and the Solicitor

General and, in respect of proceedings by or against the Government of a State or to which a State officer is a party, includes the Legal

Adviser of such State, and, in the case of the States of Sabah and

Sarawak, the State Attorney General;

*“Legal Adviser” means the Legal Adviser of a State;

“legal officer” includes a law officer, the Parliamentary Draftsman and a Federal Counsel, and, in the case of the States of Sabah and

Sarawak, a law officer and a legally qualified member of the

Federal or State Attorney General’s Chambers, authorized by a law officer in accordance with section 24;

“officer”, in relation to a Government, includes a person in the permanent or temporary employment of such Government and accordingly (but without prejudice to the generality of the foregoing)

includes a Minister of such Government;

“order” includes a judgment, decree, rule, award or declaration;

“prescribed” means prescribed by or under rules of court made for the purposes of this Act;

“proceedings against the Government” includes a claim by way of set-off or counterclaim in proceedings by such Government;

“statutory duty” means any duty imposed by any written law;

“State land” has the meaning assigned to it in the Land law;

“subordinate Court” means a Sessions Court and any Magistrate’s

Court.

Any reference in Part IV or V to civil proceedings by or against the Government, or to civil proceedings to which the

*NOTE—The definition of “Legal Adviser” is not applicable to Sabah and Sarawak–see

Government Proceedings 9

Government is a party, shall be construed as including a reference to civil proceedings to which any officer of a Government as such is a party:

Provided that the Federal Government shall not for the purposes of Parts IV and V be deemed to be a party to any proceedings by reason only that they are brought by the Attorney General upon the relation of some other person.