Section 78A
of Subordinate Courts Act 1948
Section 78A
No person shall be appointed to be a First Class Magistrate unless he is a member of the Judicial and Legal Service of the
Federation:
Provided that this section shall not prevent the appointment of a person to act temporarily as a First Class Magistrate.
Appointment of Second Class Magistrates
*79. The State Authority may appoint any fit and proper person to be a Second Class Magistrate in and for the State.
Transfer of powers to Magistrates
**80.
(1)
Subject to the provisions and limitations contained in this
Act, all powers, duties and functions which, by any written law in force in Peninsular Malaysia or any part thereof at the date of the commencement of this Act, or by any law passed or made before the commencement of this Act and coming into force after such commencement in Peninsular Malaysia or any part thereof, were vested in or conferred or imposed upon, or expressed to be vested in, conferred or imposed upon or which would, if this Act had not been passed, have been vested in or conferred or imposed upon a District
Judge, Magistrate of any description or Coroner of Peninsular
Malaysia shall, without prejudice to section 61, be vested in, conferred and imposed upon Magistrates appointed under this Act, in the case of a law in force at the date of the commencement of this Act, upon and after that date, and in the case of a law coming into force after the commencement of this Act upon and after the date of the coming into force of that law.
*NOTEFor application in Federal Territory, the Yang di-Pertuan Agong may appoint Second Class
Magistrates see P.U. (A) 43/1974.
**NOTEFor application in Federal Territory, States of Sabah and Sarawaksee P.U. (A) 43/1974 and
P.U. (A) 357/1980.
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(2)
Every person appointed to be a First Class Magistrate under or by virtue of this Act shall be ex-officio a Justice of the Peace within and for the State in and for which the First Class Magistrate was so appointed and all powers, duties and functions which, by any written law for the time being in force in Peninsular Malaysia or any part thereof, are vested in or conferred or imposed upon, a Justice of the
Peace appointed in and for any State shall be vested in, conferred and imposed upon every such First Class Magistrate so appointed for the
State.
Magistrate of any class may preside in Magistrates’ Court