Malaysia legislation
Section 3
Section 3
(2)
In this section, ―excepted lands‖ means lands situated outside the area of any Federal Territory established by law and which—
(a)
are State land alienated by a State to the Federation for federal purposes, land alienated by a State to the
Federation after compulsory acquisition or alienated land acquired by a State from a private owner by agreement for the Federation, under Article 83 of the Constitution;
(b)
are reserved for federal purposes under the National Land
Code [Act 56 of 1965], the Land Ordinance of Sabah
[Sabah Cap. 68], the Land Code of Sarawak [Swk. Cap.
81] or any previous land law and land in the States, other than Malacca and Penang, in Peninsular Malaysia treated
Telecommunication Services (Successor Company) 7
as reserved for federal purposes under Clause (4) of
Article 166 of the Constitution;
(c)
in Malacca and Penang are occupied for federal purposes on Merdeka Day by virtue of Clause (3) of Article 166 of the Constitution; and
(d)
in the States of Sabah and Sarawak are occupied for federal purposes on Malaysia Day under section 75 of the
Malaysia Act 1963 [Act 26 of 1963].
(3)
In this section, ―designated property‖ means property of any description, whether movable or immovable, which the Minister may, by order published in the Gazette, declare as necessary to be retained by the Government of Malaysia for the exercise of the duties and performance of the functions of the Director General of the
Telecommunication
Department,
Malaysia under the
Telecommunications Act 1950 [Act 20].*
(4)
For the avoidance of doubt —
(a)
any reference to property in respect of telecommunication services to which the Government of Malaysia was entitled to, is a reference to land, property other than excepted lands and designated property, and choses-in-action of the Government of Malaysia whether situated in
Malaysia or elsewhere; and
(b)
any reference to rights and liabilities in respect of telecommunication services to which the Government of
Malaysia was entitled or subject to, is a reference to rights which the Government of Malaysia is entitled or, as the case may be, liabilities to which the Government of
Malaysia is subject to, whether under the laws of Malaysia or any country outside Malaysia and includes rights and liabilities arising under loans raised for telecommunication services.
* NOTE—The Telecommunications Act 1950 [Act 20] has since been repealed by the Communications and Multimedia Act 1998 [Act 588]–see subsection 273(1) of Act 588.
8 Laws of Malaysia ACT 322
(5)
Every chose-in-action transferred by subsection (1) to the successor company may, after the transfer date, be sued on, recovered or enforced by the company in its own name and it shall not benecessary for the company or the Government of Malaysia to give notice to the person bound by the chose-in-action of the transfer effected by the subsection.
(6)
Every right and liability transferred by subsection (1) to the successor company may, on and after the transfer date, be sued on, recovered or enforced by or against the company in its own name and it shall not be necessary for the company or the Government of
Malaysia to give notice to the person whose right or liability is transferred by this section of such transfer.
(7)
In the case of rights and liabilities arising under any loans which vest in the company on the transfer date, the company may enter into such arrangements or agreements over such rights and liabilities with the Government of Malaysia or any third party.
Disposal of land