Malaysia legislation

Section 208

of Land Code, 1958

Section 208

Methods of effecting service

⎯(1) Any notice required or authorized by this Part to be served upon any person shall be delivered to that person and may be delivered to him either personally or to his wife or husband, as the case may be, or to any adult member of his family residing with him.

If his address in Sarawak is known and there be postal communication with such place, any such notice may be served by posting it by registered letter addressed to that person at the known address.

(2)

In the case of natives, if service by personal delivery is impracticable, the notice may be served by posting it by registered letter addressed to, or by personal service upon, the Penghulu, Tua

Kampung or Headman of the community or section of any community to which the native concerned was last known to belong.

(3)

If the person is absent from Sarawak, the notice may be delivered as aforesaid to his agent in Sarawak. If he is deceased the notice may be delivered as aforesaid to his personal representative.

(4)

If the person is not known, or is absent from Sarawak and has no known agent in Sarawak, or is deceased and has no personal representative, the notice shall be delivered in such manner as may be directed by an order of a court of competent jurisdiction.

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See the Courts of Judicature Act 1964 [Act 91] as amended by Act A886. See also Act A885.

(5)

If service in accordance with subsection (1), (2), (3) or (4)

is impracticable, notice may be given by a notification in the Gazette, followed by another insertion of the notice in the next ensuing publication thereof, and any such notices may be consolidated in one or more notifications in such form as may be deemed fit.

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(6)

Notwithstanding anything in this section, a court of competent jurisdiction may in any case make an order directing the manner in which any notice is to be delivered or dispensing with the delivery thereof.