Reference to Court
(1) No reference to Court under this Act shall be made otherwise than by the Land Administrator.
(2) The Land Administrator may, at any time of his own motion by application in Form M refer to the Court for its determination any question as to—
(a) the true construction or validity or effect of any instrument;
(b) the person entitled to a right or interest in land;
(c) the extent or nature of such right or interest;
(d) the apportionment of compensation for such right or interest;
(e) the persons to whom such compensation is payable;
(f) the costs of any enquiry under this Act and the persons by whom such costs shall be borne.
(3) Without prejudice to the powers of the Court under this Part, the costs of any reference under subsection (2) shall be borne by such person as the Court may direct or, in the absence of such direction, by the Land Administrator.
(4) After an award has been made under section 14 the Land Administrator shall refer to the Court for determination any objection to such award duly made in accordance with this Part.
Application by persons interested
Application to Court
(1) Any person interested in any scheduled land who, pursuant to any notice under section 10 or 11, has made a claim to the Land Administrator in due time and who has not accepted the Land
Administrator’s award thereon, or has accepted payment of the amount of such award under protest as to the sufficiency thereof, may, subject to this section, make objection to—
(a) the measurement of the land;
(b) the amount of the compensation;
(c) the persons to whom it is payable;
(d) the apportionment of the compensation.
(2) Where the total amount awarded in compensation in respect of any interest in any scheduled land does not exceed three thousand ringgit the written award of the Land Administrator shall be final with regard to both the measurement of the land and the amount of compensation awarded, and no objection may be made under subsection (1) in respect thereof.
(3) Where the total amount of any award in respect of any scheduled land exceeds fifteen thousand ringgit any Government or any person or corporation undertaking a work which in the opinion of the State Authority is of public utility, and on whose behalf such land was acquired pursuant to section 3, shall be deemed to be a person interested in any scheduled land under subsection (1), and may make objections on any of the grounds specified in subsection (1).
Form and content of application, etc.
(1) Any objection made under section 37 shall be made by a written application in Form N to the Land Administrator requiring that he refer the matter to the Court for its determination, and a copy thereof shall be forwarded by the Land Administrator to the Registrar of the Court.
(2) Every application under subsection (1) shall state fully the grounds on which objection to the award is taken, and at any hearing in Court no other grounds shall be given in argument, without leave of the Court.
(3) Every application under subsection (1) shall be made—
(a) if the person making it was present or represented before the Land Administrator at the time when the Land Administrator made his award, within six weeks from the date of the Land Administrator’s award under section 14;
(b) in other cases, within six weeks of the receipt of the notice from the Land Administrator under section 16 or within six months from the date of the Land Administrator’s award under section 14 whichever period shall first expire.
(4) The period of six weeks prescribed by paragraph (3)(a) and the periods of six weeks and six months prescribed by paragraph
(3)(b) shall not be capable of enlargement by any Court, except in such special circumstances as the Court may think fit.
(5) On receiving any application under subsection (1) the Land Administrator shall, subject to section 39, within six months refer the matter to the Court by a reference in Form O.
(6) Where the Land Administrator has failed to make a reference to the Court within the period specified in subsection (5), the Land Administrator or any person interested may apply to the Court for an extension of the said period.
(7) Where the Land Administrator has failed to make a reference to the Court within the period specified in subsection (5) or within any extension of such period under subsection (6), the Court may, on application by any person interested deal with the objection under subsection 38(1) in such manner as it deems fit, and in order to enable the Court to do so, the Court may give such directions to the Land Administrator or to any person interested as it deems necessary or expedient, and without prejudice to the generality of this power, such directions may include a direction requiring the Land Administrator or any other person to appear before the Court to give evidence, or to produce before the Court such records, or other documents, as the Court may specify.
Deposit
(1) Before making reference to the Court the Land Administrator shall require each person making application therefor to deposit with the Land Administrator a sum of three thousand ringgit or ten percent of the amount claimed in respect of the interest under reference whichever is the less as security for the costs of reference and appeal.
(2) In the event of the deposit required under subsection (1) not being made within thirty days of its being required by the Land Administrator the application for reference shall be deemed to have been withdrawn and the Land Administrator’s award shall thereupon become final.
The Court
40–42. (Deleted by Act A575).
Constitution of the Court 40A . (1) Except as provided in this section the Court shall consist of a Judge sitting alone.
(2) Where the objection before the Court is in regard to the amount of the compensation, the Court shall appoint two assessors (one of whom shall be the valuation officer employed by the Government) for the purpose of aiding the Judge in determining the objection and in arriving at a fair and reasonable amount of compensation.
(3) For the purpose of subsection (2) the Court shall appoint the two assessors from the lists of names submitted to the Court under subsections (4) and (5).
(4) The President of the Board of Valuers, Appraisers and Estate Agents established under the Valuers, Appraisers and Estate Agents Act 1981 shall submit a list of names and business addresses of valuers and appraisers registered under that Act to every High Court before the thirty-first day of December of each calendar year.
(5) The Director General of the Valuation and Property Services Department shall submit a list of names of valuation officers employed by the Government and the offices to which they are attached or posted to every High Court before the thirty-first day of December of each calendar year.
Assessors 40B . (1) Every person appointed as an assessor under section 40A shall be legally bound to attend and serve as an assessor unless excused for some reason to be approved by the Judge.
(2) Without prejudice to subsection (1), if an assessor fails to attend and serve as an assessor without written excuse by the Judge, the Court shall report the matter to the President of the Board of Valuers, Appraisers and Estate Agents for disciplinary proceedings to be taken against the assessor under the Valuers, Appraisers and Estate Agents Act 1981.
(3) Without prejudice to subsection (1), if an assessor who is a valuation officer employed by the Government fails to attend and serve as an assessor without written excuse by the Judge, the Court shall report the matter to the Director General of the Valuation and Property Services Department for disciplinary proceedings to be taken against the assessor under the appropriate disciplinary regulations applicable to such officer.
(4) If an assessor dies, or becomes incapable of acting, or is excused by the Judge, another assessor from the list referred to in subsection 40 A(4) or (5), as the case may be, shall be appointed in his stead.
(5) Every assessor who is not a valuation officer employed by the Government shall receive a fee for his service as the Judge shall direct provided that such fee shall not exceed five hundred ringgit a day, or such higher figure the Minister may, with the approval of the National Land Council, by notification in the Gazette prescribe.
(6) The fee of an assessor shall be deemed to be costs in the proceeding.
Opinion of assessors
40C . The opinion of each assessor on the various heads of compensation claimed by all persons interested shall be given in writing and shall be recorded by the Judge.
Decision of the Court on compensation
(1) In a case before the Court as to the amount of compensation or as to the amount of any of its items the amount of compensation to be awarded shall be the amount decided upon by the two assessors.
(2) Where the assessors have each arrived at a decision which differs from each other then the Judge, having regard to the opinion of each assessor, shall elect to concur with the decision of one of the assessors and the amount of compensation to be awarded shall be the amount decided upon by that assessor.
(3) Any decision made under this section is final and there shall be no further appeal to a higher Court on the matter.
Procedure
Notice relating to reference
On receiving a reference from the Land Administrator pursuant to subsection 38(5), the Court shall cause a notice in Form P, specifying the day on which the Court will proceed to hear and determine the objection contained in such reference, to be served on the following persons, and directing their appearance before the Court at that hearing—
(a) the applicant;
(b) the person or corporation, if any, on whose behalf the proceedings were instituted pursuant to section 3;
(c) all persons interested in the objection, except such, if any, as have consented without protest to receive payment of the compensation awarded; and
(d) if the objection is in regard to the area of the land or to the amount of the compensation, the Land Administrator.
Restriction on scope of proceedings
(1) In every proceeding under this Part the scope of the inquiry shall be restricted to a consideration of the interests of the persons affected by the objection.
(2) The Court shall consider the interests of all persons interested who have not accepted the award, whether those persons have themselves made an objection or not.
Proceedings to be in open Court
(1) Every proceeding under this Part shall take place in open Court.
(1A ) The provisions of the Third Schedule shall apply to every proceeding under this Part.
(1 B ) The Rules Committee appointed under the Courts of Judicature Act 1964 [Act 91] may amend the provisions of the Third Schedule relating to the procedure to be followed by the Court in all proceedings under this Act.
(2) Save in so far as they may be inconsistent with anything contained in this Act, the law for the time being in force relating to civil procedure shall apply to all proceedings before the Court under this Act.
(Deleted by Act A575).
Decision and Award
Award to be in writing
(1) Every decision made under this Part shall be in writing signed by the Judge and the assessors.
(2) Where such decision comprises an award of compensation it shall specify—
(a) the amount awarded on account of the market value of the land under paragraph 2(a) of the First Schedule;
(b) the amount, if any, deducted under paragraph 2(b) of the First Schedule;
(c) the amounts, if any, respectively awarded under paragraphs 2(c), (d) and (e) of the First Schedule; and
(d) in respect of each such amount, the grounds for awarding or deducting the said amounts.
(3) Every such written decision or award shall be deemed to be a decree and the statement of the grounds of any such award a judgment within the meaning of the law for the time being in force relating to civil procedure.
Land Administrator may be required to pay late payment charges
If the sum which in the opinion of the Court the Land Administrator ought to have awarded as compensation is in excess of the sum which the Land Administrator did award as compensation, the award of the Court may direct that the Land Administrator
shall pay late payment charges on such excess at the rate of eight per cent per annum from the date on which the Land Administrator took possession of the land to the date of payment of such excess to the Court or to the person interested.
Appeal from decision as to compensation
(1) Any person interested, including the Land Administrator and any person or corporation on whose behalf the proceedings were instituted pursuant to section 3 may appeal from a decision of the Court to the Court of Appeal and to the Federal Court:
Provided that where the decision comprises an award of compensation there shall be no appeal therefrom.
(2) Every appeal under this section shall be presented within the time and in the manner provided for appeals in suits in the High Court:
Provided that the time within which an appeal may be presented shall only be capable of enlargement by order of a Court in such special circumstances as the Court may think fit.
(3) (Omitted).
Costs may be apportioned
The cost of all proceedings under this Part, other than those arising from an objection to the amount of an award, shall be borne by the persons interested, in such proportions as the Court may determine.
Costs
(1) In any proceedings arising from an objection to the amount of an award, costs shall be borne in accordance with the following provisions:
(a) where the amount of the Court award does not exceed the sum awarded by the Land Administrator the costs shall be paid by the applicant;
(b) where the amount of the Court award exceed the sum awarded by the Land Administrator, the costs shall ordinarily be paid by the Land Administrator, but if the Court is of opinion that the claim of the applicant was so excessive or that he was so negligent in putting his case before the Land Administrator that some deduction from his costs should be made, or that he should pay a part of the Land Administrator’s costs, the Court may make such order as to costs as it may think fit;
(c) where the claim of the applicant made pursuant to any notice under section 10 or 11 exceeds by twenty per cent or more the amount of the Court award, he shall not be entitled to his costs.
(2) The costs, if any, payable by the applicant may be recovered as if they were costs incurred in a suit in the High Court and as if the award were the decree therein.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
