Akta Prosiding Kerajaan 1956
Applies to: Federal Act — see s 1 (Short title and application) · Official text ↗
- The Act applies throughout Malaysia (s 1(1)).
- It defines key terms such as 'Government', 'civil proceedings', and 'law officer' (s 2(2)).
- It specifies which claims against the Government are enforceable in court (s 4).
- It establishes the Government's liability for wrongful acts or neglect by public officers (s 5).
- It sets limits on the Government's liability, including exclusions for judicial acts (s 6).
- Civil proceedings by or against the Government in the High Court are brought and conducted in accordance with this Act; proceedings against the Federal Government are brought against the 'Government of Malaysia' (ss 16, 21)
- It outlines how documents are served on the Government (s 26).
- It restricts the types of court orders, such as injunctions, that can be granted against the Government (s 29).
What this law is
The Government Proceedings Act 1956 (Akta Prosiding Kerajaan 1956) is numbered Act 359 in the Laws of Malaysia. Where it applies is set out in section 1 (Short title and application).
Its long title, as printed in the official text: An Act relating to proceedings by and against the Federal Government and the Governments of the States.
Read every section, the amendment history and the official copy on our law library page for this Act.
How the Act is arranged
- Part III — Jurisdiction and procedure (ss 16–35)
- Part V — Miscellaneous and supplemental (ss 36–46)
Part titles are from the official arrangement of sections.
Laws cited on this page
| Act 198 | Public Authorities Protection Act 1948 Akta Perlindungan Pihak Berkuasa Awam 1948 Our guide → | PDF · PDF (BM) · Official ↗ |
| Act 359 | Government Proceedings Act 1956 Akta Prosiding Kerajaan 1956 | PDF · Official ↗ |
Each law links to our mirror page: a copy of the official text captured on a known date, its version history, and the official source. Law library →
Key sections
| Provision | What it says, in plain words |
|---|---|
| s 1(1) | The Act is called the Government Proceedings Act 1956 and has effect throughout Malaysia. |
| s 2(2) | This section defines terms used in the Act, including 'Government' (which includes Federal and State Governments), 'civil proceedings', and 'law officer'. |
| s 4 | Claims against the Government are enforceable if they arise from the use of State land, revenue laws, government contracts, or other damages that would be enforceable between private individuals. |
| s 5 | The Government is liable for wrongful acts or neglect by public officers in the same way a private principal is liable for their agent's actions. |
| s 6(1) | The Government is not liable for an officer's act unless that officer would have been personally liable for it. |
| s 6(3) | The Government is not liable for acts done by a person while discharging judicial responsibilities or executing judicial process. |
| s 16 | All civil proceedings by or against the Government in the High Court must be instituted and proceeded with in accordance with this Act. |
| s 21(1) | Civil proceedings by or against the Federal Government must be instituted by or against the Government of Malaysia. |
| s 26 | Documents for proceedings against the Federal Government may be served on the Attorney General, while those against a State Government may be served on the State Secretary or State Attorney General. |
| s 29(1) | In proceedings against the Government, the court cannot grant injunctions or orders for specific performance, but may instead make declaratory orders regarding the rights of the parties. |
| s 30 | Laws and rules regarding appeals and stays of execution apply to proceedings against the Government as they do to proceedings between private subjects. |
| s 38 | The Government can rely on written laws regarding time limits for bringing proceedings as a defence in civil proceedings against it. |
Worked examples
Facts. Ahmad, a contractor, built a road under a contract with the Federal Government and was not paid for completed work.
The law. A claim arising out of a contract made by the authority of the Government, which would found civil proceedings between private persons, is enforceable against the Government (s 4(c)). Proceedings against the Federal Government are instituted against the Government of Malaysia (s 21(1)), and documents may be served on the Attorney General (s 26).
Outcome. Ahmad may sue the Government of Malaysia for the unpaid sum (ss 4(c), 21(1)).
Facts. Lim is injured when a government vehicle driven negligently by a public officer, Tan, in the course of his duties, hits her car.
The law. The Government is liable for any wrongful act, neglect or default of a public officer in the same manner as a private principal is liable for his agent (s 5), provided proceedings would have lain against the officer personally (s 6(1)). The Government may rely on laws limiting the time for proceedings against public authorities (s 38) — under the Public Authorities Protection Act 1948 the action must generally be commenced within thirty-six months (PAPA s 2(a)).
Outcome. Lim may sue the Government for damages, but should start proceedings well within the thirty-six-month limit (ss 5, 38; PAPA s 2(a)).
Facts. Chong, a landowner, believes the Federal Government is illegally occupying his land. He applies to the court for an injunction to stop the Government from entering his property.
The law. In proceedings against the Government, the court shall not grant an injunction but may make an order declaratory of the rights of the parties (s 29(1)(a)).
Outcome. The court cannot grant the injunction Chong requested. Instead, it may issue a declaration stating that Chong is entitled to the land or possession thereof (s 29(1)(a)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who do I serve documents on if I am suing a State Government?
Documents for proceedings against a State Government may be served on the State Secretary, or in the case of Sabah and Sarawak, on the State Attorney General (s 26).
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Sources
Related
Public Authorities Protection Act 1948How a civil case runsCourts and their powersLimitation Act 1953