Malaysia legislation
Section 23o
Section 23o
(2)
The State Authority may in its absolute discretion refuse or allow any petition under this section, and if the
State Authority allows the petition, may do so conditionally upon payment by the petitioner—
(a)
if the forfeiture involving a non-payment of rent—
(i)
all the sums now due which was required to be paid by the notice of demand served under section 23e of this Act;
(ii)
such penalty, not exceeding six times the sum which was required to be paid under subparagraph (i), as the State Authority may think fit to impose; and
(iii)
such other sums paid by the transferee upon taking effect of forfeiture pursuant to subsection 23l(3);
(b)
if the forfeiture involving a breach of condition, the
State Authority may determine the amount in respect of the expenses occasioned by the forfeiture; and
(c)
all sums as mentioned in paragraphs (a) or (b) shall be paid within one month beginning from the date on which it was communicated.
Strata Titles (Amendment)
(3)
Where the petitioner fails to settle the amount which was required to be paid under paragraph (2)(c), the allowance of the petition for the annulment of the forfeiture shall be null and void.
(4)
Upon payment of all sums specified under paragraph (2)(c), the Registrar shall make a memorial to effect the vesting of the parcel or provisional block to the petitioner on the register and issue documents of title.
Appeal against forfeiture 23p. (1) The validity of any forfeiture under this Part shall not be challenged in any court except by means of, or in proceedings consequent upon, an appeal under section 418
of the National Land Code against the order of the Land
Administrator under section 23h of this Act or section 129
of the National Land Code, and notwithstanding anything in any other written law, no appeal shall be commenced after the expiry of the period of three months allowed under section 418
of the National Land Code.
(2)
No order of the Land Administrator under section 23h of this Act or section 129 of the National Land Code shall be set aside by any court except upon the grounds of its having been made contrary to the provisions of this Part, or of there having been a failure on the part of the Land
Administrator to comply with the requirements of any such provision, and no such order shall be set aside by reason only of any irregularity in the form or service of any notice under Part IVa and this Part unless, in the opinion of the court, the irregularity was of a significant nature.
(3)
In any appeal or other proceedings as mentioned in subsection (1), it shall be presumed until the contrary is proven that all notices required to be served under Part IVa and this Part were duly and regularly served.
(4)
The provisions of subsection (1) shall not affect the right of any person or body to bring an action for damages against the State Authority, or (subject to section 22 of the
National Land Code), against any officer appointed by the
State Authority, in respect of any act or thing wrongfully done, or ordered to be done or omitted to be done, in connection with any forfeiture under this Part.”.
Amendment of heading Part V