Section 2. New section 206 and new Form 7. (SYARIAH CRIMINAL PROCEDURE (SECOND AMENDMENT) ENACTMENT, 1991

ENACTMENT No. 8 Of 1991
SYARIAH CRIMINAL PROCEDURE (SECOND AMENDMENT) ENACTMENT, 1991

Section 2. New section 206 and new Form 7.

The Syariah Criminal Procedure Enactment 1988, which in this Enactment is referred to as "the principal Enactment", is amended-

(a) by inserting after section 205 of the principal Enactment a new section 206 as follows:

"Witnesses

206. A person necessarily attending Court as a witness of fact shall be allowed the appropriate sum as set out in Form 7 of the Schedule hereto".

(b) by inserting after Form 6A in the Schedule of the principal Enactment a new Form 7 in the Schedule as follows:

" FORM 7

STATE OF KEDAH DARULAMAN

SYARIAH CRIMINAL PROCEDURE ENACTMENT 1988

(Section 206)

Class of Witnesses	Kadi's Court Column I (a) per diem (M) $ c.	Court of Appeal Column II (b) per diem (M) $ c.
(1) Labourers, carters, messengers, domestic servants, hawkers, sailors, villagers, vegetable gardeners, and others of similar occupation.	3.00	5.00
(2) (i) Landowners lessee or tenant other than those stated in (1) above; (ii) Mineowners and lessees, clerks, shopkeepers and small traders and artisan; (iii) Officers (other than Commissioned Officers) in the Armed Forces serving on Full pay.	4.00 4.00 4.00	7.50 7.50 7.50
(3) Merchants, traders, shopkeepers, mineowners, landowners or lessees on a large scale.	5.00 to 12.00	10.00 to 25.00
(4) (i) Doctor, Banker, Engineer, Surveyor, Architect, Accountant, Lawyer and other professional person and senior assistant in mercantile office. (ii) Commissioned officers in the Armed Forces serving on full pay	5.00 to 12.00 5.00 to 12.00	10.00 to 23.00 10.00 to 23.00
(5) Women not coming within classes (1) to (4) above.	3.00 to 7.00	5.00 to 23.00

Note:

(a) if it is necessary for the witness to stay overnight away from his home he may claim lodging and subsistence allowance in the Court's discretion.

(b) In determining the amount to be paid to a witness under this column the Court shall determine the length of time a witness is out of his normal place of work.

(c) A journey between two places shall be performed by the shortest or cheapest road. If a place is served by a railway then the railway service shall be used. This provision shall also be applicable to a witness who is a Government servant.

(d) A professional witness may be paid more than what is provided for above on condition he must obtain a certificate from the Court that his evidence is extraordinary.

(e) the Court may in its discretion determine the allowance of any witness who does not come within the class specified above".

Passed in the State Legislative Assembly this 31st day of March, 1991 corresponding to the 15th day of Ramadan, 1411.

MIHAT BIN SHAARI,
Clerk of the State Legislative Assembly,
Kedah Darulaman

[PSU(K) 537/1408; PUN(K) 30/88 Jld.2]