Mr. CO-Know Your Fees and its Limits!

Allowable Rates of Fees

Rule 21 of Part 10 stipulates what fees can be collected by a CO and the limits too!

Sub-rule 1 states that the fees that can be collected are:

(a) RM4 for taking an original affidavit and RM2 for each exhibit referred to therein and required to be marked.
(b)RM2 for marking any duplicate or photostat copy of the affidavit and RM1 on each copy of exhibit referred to therein.

A proviso: Any affidavit declared by law to be exempted  from stamp duty shall be exempt from any fee when the affidavit is taken by a CO who is a public officer.

Sub-rule 2 states the fees chargeable under Sub-rule 1 shown be in this manner.

(a) fees collected by a a pubic officer who functions as a CO will be collectedly praecipe and shall form part of the Federal Consolidated fund; and
(b)Other COs may keep them for performing their functions

Things to note here about fees:  

Original affidavits at RM4 a piece and RM2 for each attached exhibits.

Photostat and duplicate copies of affidavits at RM2 a piece while copies of exhibits at RM1.

A public officer who works as a CO cannot charge for any documents that is exempted from stamp duties. All teh income of the public officer CO will also go the the Federal Consolidated Fund.

CO-Seal and Identification Number

The subject of Part IX  and Rule 19 and rule 20 is about the seal of the CO and his identification number.
Rule 19 ( Sub-rule 1) stipulated that any person appointed as a CO shall have a seal as prescribed in Form 9 incorporating the CO's identity number and his name.

Sub-rule 1A states that every officer appointed as a CO shall have a seal as prescribed in Form 9A incorporating the CO's identification number,,his name and the name of his department  where he serves currently. The CO's identification number is stated in his letter of appointment.


Rule 20 stated in very clear terms that no oath can be considered officially administered unless the CO's seal has been affixed to the document and the CO has signed it. The proof of oath is administered on documents, deeds or other instruments.

Revocation of Appointment of a CO

Revocation of CO

Every post comes with some power and some obligations. Failure to comply can lead to revocation of  an appointment or you will get the sacked if you are employed.

So, under what circumstances can your appointment as a CO be revoked?

Part VIII, Rule 18  describes the issues of revocation.

Under Sub-rule 18 (1), the Lord President, may in his discretion, revoke any appointment of CO at anytime if the rules are breached or for any other cause.

Sub-rule 2 stipulates that when a CO is charged with a criminal offence or served with bankruptcy proceedings, he must forthwith provide the Lord President with details of such charge or action brought against him. The Lord President may in his discretion suspend the CO pending the outcome of the criminal or bankruptcy proceedings.


Once a CO is convicted of any criminal offence or adjudicated a bankrupt, his appointment is automatically revoked according to Sub-rule 3.

Application For Appointment as a CO-Form 1

This Form as determined by Rule 4 shows the kind of information that is required.

Let us look at it.

APPLICATION FOR APPOINTMENT AS A COMMISSIONER FOR OATHS

To:

The Lord President,
Supreme Court,
Malaysia

I hereby apply for appointment as a Commissioner for Oath in accordance with the Commissioner of Oath Rules 1993 and submit the following:

1 (a) three recent passport-sized photographs;
   (b) one photocopy of I.C.(both sides) and change of address card(if applicable)
   (c) a money order/crossed cheque for RM120(for one year), or RM240(for two years);
   (d) one photocopy (both sides) of Sijil Pelajaran Malaysia or equivalent certificate
   (e) two certificates of good behaviour

2. Particulars of applicant(To be filled by the applicant)

Name:.................................................................
(In Capital Letters)

Identity Card No..................................................

Address of Residence:..........................................

Date of Birth:...........................Place of Birth...................................Citizenship............................

Telephone Number;.(House:............................ Office:...........................

Business Address/Proposed Business Address:

Academic Qualification:...............................................................

Relevant Experience.....................................................................

STATUTORY DECLARATION OF APPLICANT

I, ........................................ do solemnly and sincerely declare that-

(1) The information and particulars contained in my application are true
(2)I have read and I am conversant with the provisions of the Commissioners for Oaths Rules 1993
(3) I have been neither an adjudicated bankrupt nor convicted of any criminal offence in the past ten years nor have I being convicted of any criminal offence for which I am still under sentence or probation.
(4)I am physically and mentally in good health; and
(5)I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1960.

Subscribed and solemnly declared by the  above mentioned..................................................................at.................................in the State of.........................this day of ..............................................of  201.....

Before me,


SEAL                         .............................................................................................................
                                 Signature of Judge of Sessions Court,Magistrate or commissioner for Oaths

---------------------------------------------------------------------------------------------------

Remember that the salient aspects are the 3 photos,a copy of IC, Money Order or cheque for RM120.00, a copy of SPM certificate or equivalent and the two letters to vouch for good character.

CO-Tenure and Reappointment

Reappointment as a CO

Part IV states the tenure and reappointment of a CO.

Rule 7 specifically states a CO is appointed for a period not exceeding 2 years.

Rule 8 stipulates that a solicitor, advocate and any person who is not a public officer shall also hold office for not more than two years.

Rule 9 advises one of how to go about getting a reappointment.

Sub-rule 1 states that an application form need to be submitted for reappointment. The form is as shown in Form 4.

The application has to be made in not less than a month before the expiry of the current appointment according to Sub-rule 2. Any that is received thereafter is deemed rejected.

According to Sub-rule 3, if required by the lord President, the applicant must submit to an interview by any officer of the court authorised to do so by the Lord President.. The officer conducting the interview  must submit his report to the Chief Registrar who will then submit his recommendation to the Lord President.

Rule 10 discusses reappointment.

According to Sub-rule (1) the Lord President , in his discretion, can grant or refuse any application for reappointment as a CO.

In granting an application for a reappointment, according to Sub-rule 2 , the Lord President may use his discretion  to impose such conditions and limitations as he thinks fit.

Commissioner for Oath-Application to Appointment

Personality Testing?

Before one can be appointed to become a CO, one ought to apply for the position.

Rule 4 deals with application while rule 5 on appointment.

Let us look at how one should go about applying to become a CO.

Rule 4(1) states that one has to submit an application for the post using Form 1. The information sought  by the Lord President  is in that form and you are required to fill it out. We will look at the details later on.

Subsequent to that, according to Rule 4(Sub-rule 2),  you will be called for an interview by the Chief Registrar of the Supreme Court or any other officer appointed by the Lord President where they will fix the time and place.

Rule 4(Sub-rule 3) stipulates that except when you are interviewed by the Chief Registrar himself another officer conducting the interview, is required to submit a report to the Chief Registrar who will then make his recommendation to the Lord President.

[Nowadays, you need to take an exam first. If you passed it, then you will be invited for the interview]

Rule 5 Sub-rule 1 highlights the Lord President's discretionary powers to approve an application and appoint a person as a CO.

For a public officer, his appointment will be as in Form 2 and all other cases as in Form 3.

[Sub-rule 2 has been deleted.]

Sub-rule 3 advises an applicant whose application has been rejected to appeal in writing within 14 days for the date of the receipt of the rejection letter. Hr must appeal to the Lord President for reconsideration. The decision of thee Lord President is final.

Rule 6 provides information on the fees that has to be paid by a CO when he is appointed. Other than the serving  government officer,all others must pay RM120.00 annually or RM10.00 per month. RM10.00 is also imposed for periods less than a month. This applies  for a new appointment or even a re-appointment. 


Here, you need to remember  the procedure of application, the interview, the appeal  and then your successful appointment as a CO. Remember now you also need to take a test. It could  either be in subjective or MCQ format. Time is tight so you need to do it right in the shortest allowable time.

The Blame Game-Mr Nobody is Murphy

Mr Nobody is Murphy....

True, I grant you this.

"Mr Nobody" is one nursery rhyme that we learned in Standard 1 or 2 in the past.

Even the kindee could have used it to teach the kids English at an early age then.

The question that needs to be asked is why such a poem is used in Lower Secondary School? Do we need to change our curriculum evaluators or overhaul the panel that approved this poem for study? Or is our level of English this low now?

Be that as it may,putting the students through this poem  must have been one big mockery. It is as good as teaching them Twinkle,Twinkle Little Star or London Bridge is Falling Down. What a laugh!

I wonder what is the real intent of teaching Mr. Nobody to a secondary kid. The only message is that this is a blame game and no one will own up to what they have done. Perhaps it reflects the adult society where no one will to take the blame for something that has gone wrong. They will twist and turn and blame others if  they need a scapegoat.

Anyway, let us look for some  redeeming aspects of this poem, if any.

Firstly, this poem has become too folksy as no one even know who the real poet is.

Secondly, conjuring a funny little man that can be held responsible for all the commissions and omissions is certainly interesting and fun for the kids.

I guess adults do conjure up excuses to their failings such as the lack of experience, skill-sets,office politics, poor language skills, lack of funds, lack of personnel, poor equipment and Murphy's Law for  their low productivity, poor results, fumbles and failure to meet key performance indicators.

So, if ever I want to give a name to Mr. Nobody, it will have to be Mr. Murphy!