Malaysia legislation
Section 19
Section 19
(a)
a planning permission which has been granted by the Federal Capital Planning Authority constituted under the law relating to planning for the City of Kuala Lumpur;
(b)
evidence that funds are or will be available for the purpose of putting into effect such development;
(c)
a written undertaking by the landlord that work for the purpose of putting into effect such development will commence within six months of the date when possession of the premises shall have been obtained or within such further period as the Commissioner may determine in any particular case.
(2)
The Commissioner shall, as soon as possible but not later than ninety days of receipt of an application made under this section, and after making such enquiries as he thinks fit, consider such application and make an order or refuse to make an order; and when an order is made the Commissioner shall award to the tenant against whom the order is made a compensation—
(a)
in the case of a controlled premises or part thereof occupied or used for trade purposes as defined in subsection (13) a total a four years' rental;
(b)
in the case of a controlled premises or any part thereof which when originally let consisted of vacant land but there has since been erected thereon a building or buildings of a temporary character, an amount equal to the total of four years' ground rental;
(c)
in other cases a total of two years' rental.
(3)
Nothing in this section shall entitle either the tenant or the owner of any building erected on a premises which when originally let consisted of vacant land if such tenant or owner does not pay any rent for occupying such premises to claim compensation against him under this section.
(4)
Where the Commissioner makes an order under this section, the following provisions shall apply—
(a)
the landlord in whose favour the order is made shall within thirty days of the making of the order deposit with the Commissioner the amount of compensation awarded under subsection (2) and if he fails to deposit the same the order shall, unless the Commissioner otherwise determines, be deemed to have lapsed and be void;
(b)
every tenant against whom the order is made shall vacate the premises in question within six months of the making of the order or within such extended period as may be allowed by the Commissioner; and in vacating the said premises or any part thereof such tenant may remove any building or structure erected by him on the said premises; and
(c)
the Commissioner may subject the order to such conditions as he thinks fit to impose.
(5)
Upon vacating the said premises, the compensation awarded under subsection (2) and deposited under subsection (4) shall be paid to the tenant against whom the order was made.
(6)
Where the tenant fails to vacate the said premises within the period of six months of the making of such order, the Commissioner may, without any further order, take such measures as are necessary including assistance of the Police to have the tenant or tenants evicted from the premises.
(7)
The premises vacated by the tenant or tenants under this section shall not be used by the landlord for any purposes other than the purpose of effecting developments in accordance with the planning permission approved for such purpose and until such developments are effected such premises shall remain locked.
(8)
Any tenant who without any cause fails to vacate the premises in contravention of an order made under this section, and any landlord who in contravention of an order made under this section, and any landlord who in contravention of subsection (7) uses any premises the possession of which is recovered under this section otherwise than for the purpose of effecting development in accordance with the planning permission approved for such purpose shall be guilty of an offence and shall on conviction be liable to a term of imprisonment not exceeding one year or to a fine not exceeding ten thousand ringgit or both and shall also be liable to a further fine of one hundred ringgit a day for every day during which the contravention continues.
(9)
Any landlord who fails to put into effect such development of the premises the possession of which is recovered under this section within six months of the date when possession of the premises shall have been obtained or within such further period as the Commissioner may determine in any particular case shall be guilty of an offence and shall on conviction be liable to a term of imprisonment not exceeding one year or to a fine not exceeding ten thousand ringgit or both and shall also be liable to a further fine of five hundred ringgit a day for every day during which the failure to develop continues.
(10)
A conviction under this section shall not be a bar to the prosecution of an offence under this section committed after such conviction.
(11)
The Minister charged with responsibility for local government may from time to time give the Commissioner directors of a general character, and not inconsistent with this section on the policy to be followed in the exercise of the powers conferred and the duties imposed on the Commissioner by or under that section and the Commissioner shall as soon as possible give effect to all such directions.
(12)
Any order made by the Commissioner under this section shall be final and conclusive and shall not be questioned in any court.
(13)
For the purpose of this section, the expression "Commissioner" means the Commissioner of the City of Kuala Lumpur established under the Federal Capital Act 1960; and the expression "trade purpose" does not include the occupation or use of any premises or any part thereof as officers, schools, clubs, associations or any other similar purposes; and the total of years' rental shall be calculated with reference to the rent payable at the time when the application is made; and the expression "tenant" includes a subtenant and a joint tenant.