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FEES ACT 1951

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Enacted
1951
Sections
11

FEES ACT 1951 is Malaysia Act, cited as Act 209 1951, currently marked in force and first recorded in 1951.

Front matterCover and publication detailsOpen

Act 209

Incorporating all amendments up to 1 January 2006 2006

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First enacted

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1951 (Ordinance

No. 22 of 1951)

Revised

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1978 (Act 209 w.e.f.

15 November 1978)

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2001

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Act 209

Opening note

Preamble

  1. An Act to provide for the levy of fees and payments for licences, permits and other matters to be leviable in subordinate courts and public offices. [Peninsular Malaysia (including the Federal Territory)—23 August 1951; Sabah and Sarawak—3 November 1966, P.U. (A) 405/1966] Short title

In this Act, “Federal List” means the First List set out in the

Ninth Schedule to the Federal Constitution, being the list enumerating the matters with respect to which Parliament may make laws.

Yang di-Pertuan Agong may charge and prescribe fees and payments to be leviable in courts and public offices

Except where expressly provided otherwise by any other written law, the Yang di-Pertuan Agong may by order—

(a)

charge and prescribe fees and payments for licences, permits and other acts, matters or things, leviable or to be leviable in the subordinate courts of civil and criminal jurisdiction and in all public offices and departments of any Government in Malaysia; and

(b)

specify the persons by whom such fees shall be paid and payments made, and may at any time revoke or vary any such order:

Provided that the fee or payment so charged or prescribed is in respect of any matter included in the Federal List.

ACT 209 6

Orders to be laid before the Dewan Rakyat

Every order made under section 3 shall be laid as soon as conveniently possible on the table of the Dewan Rakyat, and shall be published in the Gazette, and shall have effect from the date of such publication:

Provided that such order may be revoked or amended in whole or in part by resolution of the Dewan Rakyat passed within three months of the date on which such order was laid upon the table thereof, and shall thereupon cease to have effect or have effect as so amended but without prejudice to the validity of anything previously done thereunder.

Officers may decline to act till payment

The officer of any court, public office or department required to do anything for which a fee or payment is chargeable or prescribed under this Act or under any other written law relating to any matter included in the Federal List may decline to do that thing till the fee is paid or the payment is made.

Fees, etc., recoverable as fines before a Magistrates’ Court

(1)

All fees and payments charged or prescribed under this Act shall be recoverable, when not otherwise provided for, by summary procedure before a Magistrates’ Court in the manner provided by the Criminal Procedure Code [Act 593] for the recovery of fines and penalties before a Magistrates’ Court, on complaint by or on behalf of the officer to whom the fee ought to have been paid or the payment ought to have been made.

(2)

A certificate by such officer that the fee has not been paid, or that the payment has not been made, shall be held to be prima facie proof of such non-payment.

Yang di-Pertuan Agong may declare fees or payments to be payable in stamps

The Yang di-Pertuan Agong may by order declare that all or any fees or payments charged or prescribed under this Act, shall be payable by means of stamps under the laws in force for the collection of stamp duties in Malaysia.

Fees 7

Yang di-Pertuan Agong may declare fees and payments to be payable in money

The Yang di-Pertuan Agong may by order declare that all or any fees or payments in any of the public offices and departments of any Government in Malaysia now or by any order made under section 7 made payable by means of stamps shall be paid in money, any written law to the contrary notwithstanding:

Provided that such fees or payments are in respect of any matter included in the Federal List.

Fees, etc., prescribed by written law

Nothing in this Act shall be held to affect the amount of any such fees or payments leviable or chargeable or to be leviable or chargeable under any written law when express provision is made as to the amount of such fees or payments in such written law.

Remission of fees

Notwithstanding section 9, it shall be lawful for the Yang di-Pertuan Agong to remit wholly or in part, and either generally or in any particular case or class of cases, any fee or other payment prescribed under this Act or under any other written law relating to any matter included in the Federal List, and the Yang di-Pertuan

Agong may by order provide for the remission of any such fee or other payment and may specify therein the person by whom such remissions shall be granted.

Cessation of effect of certain laws

The Fees Ordinance of the Straits Settlements, Enactment No.

37 (Fees) of the State of Kedah and the Fees Enactment, 1940 of the State of Johore shall from and after the 23rd of August, 1951, cease to have effect in respect of any matter included in the Federal

List:

Provided that all tables of fees and other payments framed under the provisions of such Ordinance or Enactments shall until revoked by order of the Yang di-Pertuan Agong continue in full force and effect as if this Act had not been passed.

ACT 209 8

Act 209

LIST OF AMENDMENTS

Amending law

Short title

In force from

L.N.332/1958

Federal Constitution (Modification 13-11-1958

of Laws) (Ordinances and

Proclamations) Order, 1958

P.U. 405/1966

Modification of Laws (Fees)

03-11-1966

(Extension to Borneo States)

Order, 1966

Fees 9

Act 209

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

L.N. 332/1958 13-11-1958 4

L.N. 332/1958 13-11-1958 6

L.N. 332/1958 13-11-1958 7

L.N. 332/1958 13-11-1958 9

L.N. 332/1958 13-11-1958 10

L.N. 332/1958 13-11-1958

KUALA LUMPUR

Common questions

What is FEES ACT 1951?
FEES ACT 1951 is Malaysia Act, cited as Act 209 1951, currently marked in force and first recorded in 1951.
Is FEES ACT 1951 still in force?
Yes — FEES ACT 1951 is currently in force.
When did FEES ACT 1951 take effect?
FEES ACT 1951 was first recorded in 1951.
How many sections does FEES ACT 1951 have?
FEES ACT 1951 contains 11 sections.
Where can I read the official version of FEES ACT 1951?
The official text of FEES ACT 1951 is published at lom.agc.gov.my.

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