Malaysia legislation
Section 38
Section 38
(2)
Every application under subsection (1) shall state fully the grounds on which objection to the award is taken, and at any hearing in Court no other grounds shall be given in argument, without leave of the Court.
(3)
Every application under subsection (1) shall be made—
(a)
if the person making it was present or represented before the
Land Administrator at the time when the Land
Administrator made his award, within six weeks from the date of the Land Administrator’s award under section 14 or compensation made under section 35 or Part VII;
(b)
in other cases, within six weeks of the receipt of the notice from the Land Administrator under section 16, paragraph 35(2)(c), subsection 58(1) or section 59 or within six months from the date of the Land Administrator’s award under sections 14, 35 or Part VII, whichever period shall first expire.
(4)
The period of six weeks prescribed by paragraph (3)(a) and the periods of six weeks and six months prescribed by paragraph (3)(b)
44 Laws of Malaysia ACT 486
shall not be capable of enlargement by any Court, except in such special circumstances as the Court may think fit.
(5)
On receiving any application under subsection (1) the Land
Administrator shall, subject to section 39, within six months refer the matter to the Court by a reference in Form O.
(6)
Where the Land Administrator has failed to make a reference to the Court within the period specified in subsection (5), the Land
Administrator or any person interested may apply to the Court for an extension of the said period.
(7)
Where the Land Administrator has failed to make a reference to the Court within the period specified in subsection (5) or within any extension of such period under subsection (6), the Court may, on application by any person interested deal with the objection under subsection 38(1) in such manner as it deems fit, and in order to enable the Court to do so, the Court may give such directions to the Land
Administrator or to any person interested as it deems necessary or expedient, and without prejudice to the generality of this power, such directions may include a direction requiring the Land Administrator or any other person to appear before the Court to give evidence, or to produce before the Court such records, or other documents, as the
Court may specify.
Deposit