Section 1
This Act may be cited as the Fees Act, 1951.
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Quick answer
FEES ACT 1951 is Malaysia Act, cited as Act 209 1951, currently marked in force and first recorded in 1951.
Opening note
This Act may be cited as the Fees Act, 1951.
Interpretation
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—
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
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
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