Malaysia legislation
Section 42
Section 42
(2)
Provision shall be made by rules of court with respect to the following matters—
(a)
for securing that where any civil proceedings are brought against the Government in accordance with this Act the plaintiff shall, before the Government is required to take any step in the proceedings, provide the Government with such information as the Government may reasonably require as to the circumstances in which it is alleged that the liability of the Government has arisen and as to the departments and officers of the Government concerned;
(b)
for providing that in the case of proceedings against the
Government the plaintiff shall not enter judgment against the Government in default of appearance or pleading without the leave of the court to be obtained on an application of which notice has been given to the defendant;
(c)
for excepting proceedings brought against the Government from the operation of any rule of court providing for summary judgment without trial, and for enabling any such proceedings to be put in proper cases into any special list which may be kept for the trial of short causes in which leave to defend is given under any such rule of court as aforesaid;
(d)
for enabling evidence to be taken on commission in proceedings by or against the Government;
(e)
for providing—
(i)
that a person shall not be entitled to avail himself of any set-off or counterclaim in any proceedings by the Government for the recovery of taxes, duties or penalties, or to avail himself in proceedings of any other nature by the Government of any set-off or counterclaim arising out of a right or claim to repayment in respect of any taxes, duties or penalties;
(ii)
that a person shall not be entitled without the leave of the court to avail himself of any set-off or counterclaim in any proceedings by the
Government; and
(iii)
that the Government shall not be entitled to avail itself of any set-off or counterclaim without the leave of the court.
(3)
Provision may be made by rules of court for regulating any appeals to the High Court, whether by way of case stated or otherwise, under the written law relating to the revenue, and any rules made under this subsection may revoke any written law in force immediately before the commencement of this Act so far as they regulate any such appeals, and may make provision for any matters for which provision was made by any written law so in force.
(4)
Rules of court made under this section shall be published in the Gazette and, as soon as possible thereafter shall be laid before the Parliament and if at the next meeting of the Parliament after any such rule is laid before it a resolution is passed annulling such rule or any part thereof, the whole rule shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder, as from the date of notification in the Gazette of the passing of such resolution.
Government Proceedings 33
Pending proceedings
*43.
Save as otherwise expressly provided, this Act shall not affect proceedings by or against the Government which have been instituted before the commencement of this Act; and for the purposes of this section proceedings by petition of right shall be deemed to have been so instituted if a petition of right with respect to the matter in question has been left with the Clerk of Council for submission to the Governor in Council before the commencement of this Act.
Financial provisions