Akta Perlindungan Pihak Berkuasa Awam 1948
Applies to: Federal Act · Official text ↗
- Protects persons acting in execution of statutory or other public duty (s 2)
- Limits the time within which a suit or action can be commenced (s 2(a))
- Allows for costs to be taxed as between solicitor and client if the defendant obtains judgment (s 2(b))
- Permits tender of amends to be pleaded in lieu of or in addition to other pleas (s 2(c))
- Restricts recovery of costs if the plaintiff does not recover more than the sum tendered or paid (s 2(d))
What this law is
The Public Authorities Protection Act 1948 (Akta Perlindungan Pihak Berkuasa Awam 1948) is numbered Act 198 in the Laws of Malaysia.
Its long title, as printed in the official text: An Act relating to the protection of persons acting in the execution of statutory and other public duties.
Read every section, the amendment history and the official copy on our law library page for this Act.
Time limits in this Act
| What | Limit | Section |
|---|---|---|
| Time limit to commence a suit, action, prosecution, or other proceeding | thirty-six months next after the act, neglect or default complained of or, in the case of a continuance of injury or damage, within thirty-six months next after the ceasing thereof | s 2(a) |
Laws cited on this page
| Act 198 | Public Authorities Protection Act 1948 Akta Perlindungan Pihak Berkuasa Awam 1948 | PDF · PDF (BM) · Official ↗ |
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Key sections
| Provision | What it says, in plain words |
|---|---|
| s 2 | This section applies to suits, actions, prosecutions, or other proceedings commenced in the Federation against a person for acts done in pursuance of written law or public duty, or for alleged neglect or default in such execution. |
| s 2(a) | A suit or proceeding shall not lie unless it is commenced within thirty-six months after the act, neglect, or default, or within thirty-six months after the ceasing of a continuance of injury or damage. |
| s 2(b) | If a judgment is obtained by the defendant in such a suit or action, it shall carry costs to be taxed as between solicitor and client. |
| s 2(c) | In a suit or action for damages, the tender of amends before the suit was commenced may be pleaded in lieu of or in addition to any other plea. |
| s 2(d) | If the suit is commenced after a tender or offer in writing, or proceeded with after payment into court, and the plaintiff does not recover more than that sum, they shall not recover costs incurred after that time, and the defendant is entitled to costs taxed as between solicitor and client from that time. |
Worked examples
Facts. Ahmad, a public officer, performed a duty in January 2020. In March 2024, a person named Lim sues Ahmad for an alleged default in that duty.
The law. Section 2(a) states that a suit shall not lie unless it is commenced within thirty-six months next after the act, neglect or default complained of.
Outcome. The suit cannot be instituted because it was commenced more than thirty-six months after the act (s 2(a)).
Facts. Siti sues a public official, Tan, for damages related to a public duty. Tan defends the case and obtains a judgment in his favor.
The law. Section 2(b) provides that whenever in any such suit a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client.
Outcome. Tan is entitled to costs to be taxed as between solicitor and client (s 2(b)).
Examples are simplified illustrations with invented names; real cases turn on their own facts.
Questions & answers
Who does this Act protect?
The Act protects any person for any act done in pursuance or execution or intended execution of any written law or of any public duty or authority (s 2). It also covers acts in respect of any alleged neglect or default in the execution of any such written law, duty or authority (s 2).
How long do I have to sue a public official for a default in duty?
You must commence the suit within thirty-six months next after the act, neglect or default complained of (s 2(a)). If there is a continuance of injury or damage, you have thirty-six months next after the ceasing thereof (s 2(a)).
What happens to costs if the public official wins the case?
If a judgment is obtained by the defendant, it shall carry costs to be taxed as between solicitor and client (s 2(b)). This means the costs are calculated in a specific way favorable to the defendant.
What is a 'tender of amends'?
In a suit for damages against a person protected by the Act, the defendant may plead that he tendered amends (offered compensation) before the suit was commenced, instead of or in addition to any other defence (s 2(c)). If the plaintiff then recovers no more than the sum tendered, he gets no costs incurred after the tender and must pay the defendant's costs from that time, taxed as between solicitor and client (s 2(d)).
What if I sue after an offer of amends is made and I win less than the offer?
If the plaintiff does not recover more than the sum tendered, offered or paid, he shall not recover any costs incurred after the tender, offer or payment (s 2(d)). The defendant shall be entitled to costs to be taxed as between solicitor and client as from the time of the tender, offer or payment (s 2(d)).
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Sources
Related
Limitation Act 1953Courts and their powersHow a civil case runsRoad Transport Act 1987