Section 76
of Subordinate Courts Act 1948
Section 76
The Yang di-Pertuan Agong may, by order, constitute so many Magistrates’ Court as he may think fit, and shall have power, if he thinks fit, to assign local limits of jurisdiction thereto.
**(2) Subject to this Act or any other written law, a Magistrates’ Court shall have jurisdiction to hear and determine any civil or criminal cause or matter arising within the local limits of jurisdiction assigned to it
*NOTE Previously “two hundred and fifty thousand”see the Subordinate Courts (Amendment)
Act 2010 [Act A1382].
**NOTE— For application in the States of Sabah and Sarawak–see P.U. (A) 357/1980.
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under this section, or, if no such local limits have been assigned, arising in any part of Peninsular Malaysia:
Provided that no Magistrate shall have jurisdiction to hear or determine any cause or matter arising in any State in and for which he has not been appointed to be a Magistrate save in the manner and to the extent provided in the Criminal Procedure Code [Act 593] and the law for the time being in force relating to civil procedure.
(3)
Magistrates’ Courts shall ordinarily be held at such places as the
Chief Judge may direct, but should necessity arise they may also be held at any other place within the limits of their jurisdiction.
Ex officio First Class Magistrates
*77. (1)
The persons for the time being holding or acting in the offices specified in the Fourth Schedule shall, ex officio, be First Class
Magistrates, in and for the respective States designated therein.
(2)
The Yang di-Pertuan Agong may, by notification in the Gazette, delete any office from, vary, or add any office to, the list of offices in the Fourth Schedule.
Appointment of First Class Magistrates
**78. Without prejudice to section 77, the State Authority may, on the recommendation of the Chief Judge in each case, appoint any fit and proper person to be a First Class Magistrate in and for the State.
*NOTE For application in Federal Territory, States of Sabah and Sarawaksee Federal Territory
(Modification of the Subordinate Courts Act, 1948) Order 1974 [P.U. (A) 43/1974] w.e.f 1 February 1974
**NOTE For application in Federal Territorysee P.U. (A) 43/1974.
Subordinate Courts 23
Qualifications of First Class Magistrates