Malaysia legislation

Section 55

of Gas Supply Enactment 2023

Section 55

(2)

An order for the forfeiture of any article, thing, book, document, pipeline, piping system or part thereof shall be made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that the article, thing, book, document, pipeline, piping system or part thereof was the subject matter of or was used in the commission of the offence, even though no person may have been convicted of such offence.

(3)

If there is no prosecution with regard to any article, thing, book, document, pipeline, piping system or part thereof seized under this Enactment, such article, thing, book, document, pipeline, piping system or part thereof shall be taken and deemed to be forfeited at the expiration period of one calendar month from the date of service of a notice to the last known address of the person from whom the article, thing, book, document, pipeline, piping system or part thereof was seized indicating that there is no prosecution in respect of such article, thing, book, document, pipeline, piping system or part thereof unless before the expiration of that period a claim thereto is made in the manner set out in subsections (5), (6), (7) and (8).

(4)

If no claim is made under subsection (5) within thirty days from the date of service of the notice referred to in subsection (3), the article, thing, book, document, pipeline, piping system or part thereof seized under this Enactment shall be taken and deemed to be forfeited at the expiration of that period.

(5)

Any person asserting that he is the owner of the article, thing, book, document, pipeline, piping system or part thereof referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such article, thing, book, document, pipeline, piping system or part thereof is held that he claims the article, thing, book, document, pipeline, piping system or part thereof.

(6)

On receipt of the notice referred to in subsection (5), the authorized officer shall refer the claim to a Magistrate.

(7)

The Magistrate to whom a matter is referred under subsection (6) shall issue a summons requiring —

(a)

the person asserting that he is the owner of the article, thing, book, document, pipeline, piping system or part thereof; and

(b)

the person from whom the article, thing, book, document, pipeline, piping system or part thereof was seized,

40

to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

(8)

If it is proved that an offence under this Enactment has been committed and that article, thing, book, document, pipeline, piping system or part thereof was the subject matter of or was used in the commission of such offence, the Magistrate shall order the article, thing, book, document, pipeline, piping system or part thereof to be forfeited, and shall, in the absence of such proof, order its release.

(9)

Any article, thing, book, document, pipeline, piping system or part thereof forfeited or deemed to be forfeited shall be delivered to the Commission and shall be disposed of in accordance with the directions of the Magistrate.

Cost of holding article, thing, etc., seized