The Fees Paid for Services

This is,as usual, ought to be the most interesting part of the job, I should say. However, the scale of fees currently is not too attractive and perhaps should be revised with the time of hyper inflation that we know
now.

Let us see what are the kinds of fees that a Commissioner for Oath recieved for his official functions and duties.

Rule 21 of Part X on "Fees' stipulates in sub-rule (1) that the fee to be levied by a Commissioner for Oath shall not exceed-
(a) four ringgit for taking an original affidavit and shall not exceed two ringgit on each exhibit referred to therein and required to be marked.
(b)two ringgit for marking any duplicate or photostat copy of the affidavit and one ringgit on each copy of exhibit referred to therein.


And for public officer,watch out for this caveat.

An affidavit that has been declared by law to be exempt from payment of stamp duty shall be exempt from any fee when the affidavit is taken by a Commissioner for Oath who is a public officer.

The fee chargeable under sub-rule (1) will be as follow:

Sub-rule 2(a) states that the fee charged by a public offcier in the course of performing the funcitons as a Commissioner for Oaths shall be collected praecipe and shall form part of the Federal consolidated Fund.

Sub-rule 2(b) states clearly that the fees charged by any other persons in the course of performing the functions of a Commissioner for Oath is to be retained by him or her.

So, do you think it is high time for an upward revision of fees?

The Commissioners's Seal and Identification Number

Yes, we are back to look at the seal and identification number of a Commissioner for Oath. Part IX of the Commissioners for Oath Rules, 1993 tells you about the provision of an identification number and the seal of the Commissioner.

Rule 19(1) states that every Commissioner shall have a seal as prescribed in Form 9  which must incorporate his identification number and name.

According to Amendment (1A) [Ins. P.U. 26/96], every public offcier appointed as a Commissioner shall have a seal as prescribed in Form 9A in corporating the Commissioner's identification number, his name and the name of the department where he works currently.

Sub-rule (2) states that the Commissioner's identification number shall be thatwhich is stated in his letter of appointment.

Rule 19 tells us about the 'Proof of Oath'. It states clearly that no oath shall be deemed to have been duly administered unless the Commissioner's seal has been affixed to, and the Commissioner has signed the document,deed or instrument in respect of which the oath was administered.


This is a simple section more of form  then of substance.

Breached and You Are Beached

This is the punishment bit. Screw up and you are booted out.

If you want to be a good Commissioner for Oath, play by the rules.

Part VIII tells you how your appointment can be revoked by the Lord President (LP).

In Rule 18(1),the LP can revoke your appointment for the breach of any of the rules of the Commissioners for Oath Rules,1993. He can do so for any other cause as well.

When a Commissioner for Oath is charged with any criminal offence or served with any bankruptcy proceedings he shall forthwith according to Rule 18(2), provide the LP with details of such charge or action brought against him. Again, it is up to the discretion of the LP to suspend his appointment pending the outcome of such criminal or bankruptcy proceedigns.

When he is convicted for any criminal offense or adjudicated a bankrupt, his appointment as a Commissioner will automatically be revoked [(Rule 18(3)].

So, do not commit any crimes and do not be over-geared in loans.

He is Right,You Know.....

Dr Mahathir said mastering English is crucial if Malaysian students want to excel. He is right, you know...

Mastering the English language will not make one less patriotic as English is currently the language of knowledge, says former Malaysian prime minister Mahathir Mohamad.

“This is the reality that we have to face if we want to understand Science and Mathematics for the betterment of our lives, and to build the nation towards becoming a developed nation, we have to understand foreign languages.

“If today, we decide to learn Science and Mathematics in English, it does not mean we are less patriotic,” he said .

“Both Science and Mathematics are not static subjects but expanded through time with numerous research and inventions, producing hundreds of research papers which are all in English.

 “Without the ability to translate all this new knowledge, the Malays will be left behind in some of the most important fields,” Mahathir said.

He said those who understood the subjects and could translate them would not be interested to be translators their entire life, adding science would still progress after their deaths and newer works would need translation.

“Mastering English is very important, and those who don’t understand English would lose out in terms of new scientific findings.”

Mahathir felt that a language of a people was only learned by foreigners if the former had progressed and were known for their knowledge and research, citing the Europeans in the 15th century having to learn Arabic as the Muslim civilisation then was vast and well respected.

Sadly, in 2010, the government announced that it would revert to the teaching of the two subjects in the Malay language in national schools and the students’ mother tongue (Mandarin or Tamil) in national-type Chinese and Tamil schools from 2011 following the abolishment of the policy of teaching and learning Science and Mathematics in English (PPSMI).

The government also then announced the strategy of upholding the Malay language and strengthening the command of English in schools.

I wonder whether we are going back to the same mistakes when the standard of English went down the chute after nationalism took the driver's seat; way, way before  Mahathir reverted the teaching of Science and Maths to English.

Expect A Surprise Visit from Officers of the High Court

Yes, expect a unannounced surprise call at your office from an officer of the court from time to time.

This is provided for under Part VII of the Commissioners for Oath Rules,1993.

Let us study this Part and be familiar with it  This Part touches on the maintenance of a register recording your services,the notice of a change in address.displaying the letter of appointment and the power of inspection by the High Court.

First, let us look at what is this register.

Rule 14 (1) states that a Commissioner shall maintain a register wherein is recorded all the particulars of the services he has rendered. This will include all affirmations,declarations,acknowledgments,affidavits and other instruments upon which a Commissioner has placed his seal. A sample of a page of a register is shown in Form 7. The heading should read:

Courts of Judicature Act, 1964
Commissioners for Oath Rules 1993(Rule14)
Register to be maintained by a |Commissioner for Oath

It has six columns and has are ruled across under the headings.

Let us study what is written in the column heads. The first column is for entry dates. The second column is for the person who require your service to write his or her name and their identity card numbers. Then we have the third column stating the nature of document,affidavit,statutory declaration and others. In the fourth column, you would have to write the number of exhibits that is involved. The fifth column records the fees charged in Malaysian ringgits and sen. Finally, all recipients of services must sign their names in the sixth column.

And where must this register be kept? It must be kept at hte place of business of the commissioner during business hours.(Rule14(2).

According to Rule 14(3), a Commissioner for Oath must submit that register to the Lord president before the first day of February of each year and shall make it available to the Lord President at any time upon his request.

Rule 15 is very strict. It states in no uncertain terms that no Commissioner can change his place of business without the prior approval in writing of the lord President.

Rule 16 instructs a Commissioner who is not a public officer on the manner of displaying his letter of appointment. It must be placed in a place which is visible in his office. He must  do the following:

(a) use a photostat of the letter of the appointment for display
(b)display the text of Rule 11 or Rule 12 whichever is relevant to him or her as a Commissioner
(c)put a sign not exceeding 40 cm by 50 cm in sizer to indicate a Commissioner for Oath is available at the location.

The powers to conduct surprise visit on any Commissioner for Oath is provided for under Rule 17.

Rule 17(1) states that the Registrar of the High court, any Deputy Registrar, the Senior Assistant Registrar of the Supreme court or of the High Court authorised by the Lord President may inspect hte register kept by the Commissioer during business hours of the commissioner and shall sign the register showing the date and time of such inspection.

Rule 17(2) spells out that after conducting such investigations under sub-rule (1),the officer shall submit to the Chief Registrar of the Supreme Court a report in Form 8 within one week of conducting such investigation.

Let us look at Form 8. This form has been formatted under Rule 17(2).

The heading the report reads," REPORT OF INSPECTION"

The body of hte letter reads as follows:

To:

The Chief Registrar,
supreme court,
Malaysia

On .............................at...................I inspected the register kept by Commissioner of Oath Encik/Cik/Puan .....................................................Identification No. .....................................at his/her business address No...................................................................................................

In the course of the inspection, I observed him/her conducting his/her business and I find that-

(a)he/she has complied with the Commissioners for Oath Rules 1993;

or

(b)he/she has committed breaches of the following rules:

(i)......................................................................................
(ii).....................................................................................
(iii)....................................................................................
(The reporting officer may give details,if necessary).

Date:...........................  
..............................................
Registrar,Deputy Registrar,Senior Assistant Registrar

So, the visits are the checks and balance.

The Duties and Conduct of a Commissioner for Oath

Being a Commissioner of Oath is no easy matter. There is discipline and decorum to follow. Duties must be conducted in a manner as predetermined by Part VI of the Commissioners for Oath Rules, 1993.

Rule 13  lists out the procedural duties of a Commissioner. Rule 13(1) stipulates the manner in which he should wear his identification tag. It should be placed at the top left shirt pocket as described in Form 5.

On the right hand side of the tag is the Malaysian crest and the name of the Commissioner must be clearly be spelt out with the designated words, PESURUHJAYA SUMPAH, below the name of the Commissioner. Underneath these words, you need to display your identification number. The crest should be 2 1/2 cm vertically and 21/2 cm horizontally. As for the name and designation, the length should not be more than 8 cm and the breadth should be 21/2 cm. The full length of the tag cannot be longer than 10 1/2 cm.

Rule 13(2) explains the process on how a Commissioner of Oath ought to provide service to a client. The process to follow is:

(a) Firstly, verify the identity through the particulars in his or her identity card or passport. Look at the address of the person seeking your service to make a declaration, affirmation,affidavit,oath or statement in front of you.
(b)You have also to read and explain the contents of the documents and exhibits attached to the documentation to the deponent or maker of the document when the deponent is illiterate,blind or does not understand the language in which the document is written in. Certify it only when he has understand it in the jurat.

So who is a deponent?  He is the person testifying (stating answers in response to questions) at a deposition.

What is a jurat? This refers to a certificate of an officer that a written instrument was sworn to by the individual who signed it. It is derived from the Latin word, jurare, meaning ' to swear'.

It is proof that an oath was taken before an administering officer such as a Commissioner for Oath or a notary public. In an  affidavit, a jurat is the clause at the end of the document stating the date, place, and name of the person before whom it was sworn.

As warranted by Rule 13(c), every Commissioner must initial any alteration made in the document to be sworn or affirmed.

Rule 13(d) cautions that a Commissioner cannot affix his seal to any document unless the deponent or maker of the document signs or affixes his thumbprint thereto before him.

Rule 13(e) advises a Commissioner to refuse the services of his office if he has cause to suspect that the person engaging his service is doing so deceptively,fraudulently or under duress; or any other illegal conduct.

Rule 13(f) stipulates that a commissioner must carry out the functions of his office in a prompt, reasonable and business-like manner

Rule 13(g) requires a Commissioner to make himself available to conduct all functions at his offcie at regualr and reasonable hours.

The jurat  will have these words in  a 6 cm and 10 cm box.These words should be in it.

"Read over and explained to ...........................in ..........................(language) by:..............................
Name: ......................................
Office:......................................

.................................
Commissioner of Oath

The jurat may also be typed onto the document.

So,if you want to become a Commissioner for Oaths, watch out for these procedural issues! They can be dicey.....