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• Constitution

PART X

MISCELLANEOUS

137. Board and Bar to maintain an office.

(1) The Board and the Malaysian Bar shall each keep and maintain at all times an office and shall respectively publish in the Gazette the address of that office and any change of such address.

(2) All writs, plaints, notices, pleadings, orders, summonses, warrants or other written communications required or authorised or ordered to be served on or delivered or sent to the Board or the Malaysian Bar shall be deemed to be duly served, delivered or sent if left at the office of the Board or the Malaysian Bar, as the case may be.

138. Document to be served may be sent by post.

(1) Any document other than the process of court that is required to be served or delivered under this Act may be sent by post.

(2) A certificate in writing signed by an officer of the Malaysian Bar or the Board, or a member of the Bar Council that any document was properly addressed and posted and setting out the date of posting shall be prima facie evidence of service of the document.

(3) Any document addressed to an advocate and solicitor at his only or principal address last appearing in the Register of Practitioners shall be deemed to be properly addressed.

139. Bar Council or Malaysian Bar to recover sum of money.

In addition to any other method of recovery and to any other right, remedy or power vested in the Malaysian Bar or in the Bar Council any sum of money payable under this Act or any rules or by-laws made thereunder may be recoverable by the Bar Council or the Malaysian Bar as a debt in any court of competent jurisdiction.

140. Fees to be prescribed by Rules Committee.

The fees payable under sections 18, 28 and 29 shall be prescribed from time to time by the Rules Committee and the payment of such fee shall be noted by an impressed stamp on the relevant document.

141. Bank not bound to take notice of right against the account of advocate and solicitor.

(1) Subject to this section, no bank shall, in connection with any transaction relating to the account of any advocate and solicitor kept with it or with any other bank (other than an account kept by an advocate and solicitor as trustee for a specified beneficiary, incur any liability or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to any such account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the moneys paid or credited to it; Provided that nothing in this subsection shall relieve a bank from any liability or obligation under which it would be liable under section 93 or this section.

(2) Notwithstanding subsection (1), a bank at which an advocate and solicitor keeps an account of his clients' moneys shall not, in respect of any liability of the advocate and solicitor to the bank, not being a liability in connection with that account, have or obtain any recourse or right, whether by way of setoff, counterclaim, charge or otherwise, against moneys standing to the credit of that account.

142. No estate duty payable for bequest to the Bar.

(1) No estate duty shall be payable in respect of any amount of any bequest to the Malaysian Bar, and the value of the property passing on the death of a deceased donor shall not be deemed to include the amount of the bequest forte purpose of assessing the rate of estate duty.

(2) The Board and the Malaysian Bar shall each be deemed to be-

(a) an institution specified in the First Schedule to, and under paragraph (e) of subsection (1) of section 13 of the Income Tax Act 1967; and

(b) an institution of a public character approved by the Minister for the purposes of paragraph (c) of subsection (2) of section 37 of the Income Tax Act, 1967.