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← Takaful Act 1984

Takaful Act 1984 s 52

Takaful Act 1984 s 52

This legislation has been repealed. Do not cite it as law in force.

Text recovered by OCR from a scanned copy — section numbers and wording may be wrong. Check the official PDF on lom.agc.gov.my before citing.

s 52

for (Langkah - Langkah [Pt. III, S. 51-52] (6) A scheme under this section shall be of no effect unless confirmed by the High Court, but may be prepared and submitted for confirmation to the High Court by any of the operators concerned; and if so confirmed, the scheme shall have effect according to its tenor notwithstanding anything in the foregoing sections and be bindingon anyperson thereby affected. 52. (1) Before an application is made to the High Court Confirmafor confirmation of a scheme under section 51- schemes. (a) a copy of the scheme shall be lodged with the Director General together with copies of the actuarial and other reports (if any) upon which the scheme is founded; (b) not earlier than one month after the copy is so lodged notice of the intention to make the application (containing such particulars as are prescribed) shall be published in the Gazette and in not less than two newspapers approved by the Director General; and (c) for a period of fifteen days after the publication of the notice a copy of the scheme shall be kept at each office in Malaysia of every operator concerned, and shall be open to inspection by all members and participants of such an operator who are affected by the scheme. (2) The Director General may cause a report on the scheme to be made by a qualified actuary independent of the parties to the scheme and, if he does so, shall cause a copy of the report to be sent to each of the operators concerned. (3) Copies of the scheme and any such report as is mentioned in subsection (1) (a) or (2), or summaries approved by the Director General of the scheme and any such report, shall, except so far as the High Court upon application made in that behalf otherwise directs, be transmitted by the operators concerned, at least Documents to be filed when scheme confirmed. IPt. III, S. 52-53] fifteen days before application is made for confirmation of the scheme, to every participant affected by the scheme. (4) An application to the Court with respect to any matter connected with the scheme may, at any time before confirmation by the Court, be made by the Director General or by any person who in the opinion of the Court is likely to be affected by the scheme. (5) The Court may confirm the scheme without modification or subject to modifications agreed to by the operators concerned, or may refuse to confirm the scheme. (6) The operators concerned shall be jointly and severally liable to reimburse to the Director General any expenses incurred by him under this section in connection with any scheme or proposed scheme (subject to any order of the Court as to costs); and a scheme shall include provision as to how that liability is, as between the operators, to be borne.

Read this section in the full act → · Open Part III →

Find Act 312 on lom.agc.gov.my ↗

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).

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