Malaysia legislation

Section 20

of INDUSTRIAL CO-ORDINATION ACT 1975

Section 20

(2)

Such returns or other information or notice, certificate, decision or order which is sent by registered post shall be deemed to have been served on the person (including a partnership) to whom it is addressed on the day succeeding the day on which the returns or other information or notice, certificate, decision or order would have been received in the ordinary course of post if it is addressed—

(a)

in the case of the Minister or the licensing officer, to either of them, as the case may require, at the Ministry;

(b)

in the case of a company, a partnership or body of persons having a registered office in Malaysia, to that registered office or, where there is no such registered office to the company’s, partnership’s or body’s principal place of business in Malaysia or, where there is no such principal place of business, to the place where any other activity of the company, partnership or body is carried on; and

(c)

in the case of an individual, to his last-known address.

16

Certificate of licensing officer to be prima facie evidence of certain matters stated therein 21.

Where in proceedings for an offence under this Act or any rule made thereunder, it is necessary to prove that—

(a)

any person was or was not licensed on a certain date;

(b)

a licence was subject to any particular condition;

(c)

a licence was revoked, a certificate in writing purporting to be signed by the licensing officer stating that—

(i)

such person was or was not licensed on that date;

(ii)

the licence was issued subject to a particular condition;

(iii)

that the licence was revoked, shall be prima facie evidence of the matters stated therein and the licensing officer shall not be examined on the contents of such certificate unless he has been served with three clear days’ notice before the commencement of the hearing of the case of the intention so to do and further stating the particulars which are intended to be challenged:

Provided that the certificate shall have been served on the defence at least ten clear days before such commencement.

Sessions Court to have full jurisdiction

Section 20 — AKTA PENYELARASAN PERINDUSTRIAN 1975 | mylaw.my