Public notice
Open ↗Whenever it is provided in this Act that public notice (otherwise than by notification in the Gazette) shall be given of any notification, declaration or other document, sufficient notice thereof shall be deemed to be given if the Land Administrator shall cause copies of such notification, declaration or document to be posted at the District Land Office, on public notice boards in the mukim or township in which the land to which such notification, declaration or document refers, is situated and in such other places on or near the lands specified in that notification, declaration or document as the Land Administrator may think fit.
Service of notices
Open ↗(1) Service of any notice or other document under this Act shall, subject to section 54, be made by delivering or tendering a copy thereof, duly signed by the Land Administrator or other proper authority, either—
(a) to the person to whom the notice is addressed or, if he cannot be found;
(b) to any adult member of his family residing with him,
and by obtaining the signature of the person to whom such copy is delivered or tendered to an acknowledgement of service endorsed upon the original document or an office copy thereof, or entered in a book to be kept for that purpose.
(2) If the person to whom any copy referred to in subsection (1) is delivered or tendered is unwilling or unable to sign the acknowledgement thereof, or if no proper person can be found on whom to effect service, service may be effected by fixing a copy thereof—
(a) upon the outer door of the building in which the person therein named ordinarily dwells or carries on business; and
(b) on any public notice board in the town, village or mukim in which the person to be served usually resides.
(3) Where the person to be served is the occupier of any scheduled land specified in any notice then, failing personal service, a copy of the notice shall also be posted in some conspicuous part of such land.
(4) In each of the cases referred to in subsections (2) and (3) the serving officer shall enter on the original of the document served, or on an office copy thereof, or in a book to be kept for that purpose, a statement of the time, place and manner in which he effected the service, and shall sign such statement.
Service upon agent, etc.
Open ↗Where neither any party interested nor any adult member of his family can be found the Land Administrator may, and where he does not reside within the State the Land Administrator shall—
(a) effect service upon an agent authorized to receive service on behalf of the party or upon a person entitled to act for such party; or
(b) where there is no such agent or person entitled to act within the State, effect service by sending the notice by registered post to the party if, after reasonable inquiry, his address can be ascertained; and
(c) where he considers that publication in a newspaper is desirable, publish the notice in such local newspapers circulating in the State as he thinks fit.
Service on and appearance of interested persons
Open ↗(1) In any proceedings under this Act—
(a) a copy of every notification, declaration and other document required by this Act to be served upon any person interested in any scheduled land shall also be served upon a representative of any Government, person or corporation on whose behalf the proceedings were instituted pursuant to section 3;
(b) any representative referred to in paragraph (a) may appear and be heard on behalf of any such Government, person or corporation as if such Government, person or corporation were a party to the proceedings.
(2) A certificate under the hand of the State Secretary certifying that any person or officer is such a representative as is referred to in subsection (1) shall be conclusive evidence thereof.
Omission, etc., not to invalidate proceedings
Open ↗No omission or failure to make due publication of a notice or to make due service upon persons and parties interested as provided in this Part shall invalidate any proceedings under this Act.
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).
