Section 212
Section 212
⎯(1) Whenever it is provided by this Code, or by any rules made hereunder, that any dispute or matter shall be referred to arbitration in accordance with this section, or that any person may require that it be so referred, or words having a similar meaning are used, it shall be the duty of the Director, Superintendent or other public officer, as the case may be, acting under this Code or of any such rule, in this section referred to as “the Government side”, to prepare and submit to the *Chief Judge a brief summary of such dispute together with details of the offer made by the Government side and the estimated value of any land, or of any right or interest therein, to which the offer relates and such other particulars as the *Chief
Judge may in his discretion, by any general or special direction under the hand of the Registrar of the High Court, require.
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(2)
The Chief Judge shall in his discretion, according to the value or importance of the dispute or matter, appoint a person whose name appears in a list published in the Gazette by the Registrar of the
High Court for appointment as arbitrators under this section to act as arbitrator.
[Sub. Cap. A50.]
(3)
After subsection (2) has been complied with, such dispute or matter shall be determined in like manner and with the like results, for all intents and purposes but with any necessary modifications, as if there had been a reference to a single arbitrator by consent of all parties, within the meaning and for the purposes of the Arbitration Act 1952 [Act 93], and as if the arbitrator appointed under subsection (2)
had been validly appointed under that Act.
Rules
*213.⎯(1) The Majlis Mesyuarat Kerajaan Negeri may make rules generally for carrying out the provisions of this Code and to guide the public officers charged with its administration in the exercise of their powers and duties and, in particular, such rules may provide for⎯
[Am. Ord. No. 9/76; Am. Cap. A28.]
______________
*
See the Courts of Judicature Act 1965 (Act 91) as amended by Act A886 and also Act A885 and Cap. A20.
(a)
amending the Forms in the First Schedule and prescribing new Forms in respect of any matter to be done under this Code and rules;
(b)
licences and permits of State land;
(c)
the conditions under which Native Customary Land may be occupied under permit by persons other than those entitled to the customary rights:
Provided that such rules secure that due regard is had to the rights of the persons entitled and that provision may be made for
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appeal against any decision taken in connection with the issue of such permits;
(d)
regulating the purchase or acquisition of an estate, interest or right in any land by a foreign person, foreign company, foreign corporation or other foreign body;
(dd)
the procedure and form for compounding of offences under this Code;
[Am. Ord. No. 18/71; Am. Cap. A61.]
(e)
the conduct and conditions of sales by auction or otherwise;
(f)
fixing the tenure of grants other than grants in perpetuity and the terms for which leases of various classes of land may be issued or the conditions and mode of re-alienation of lease as provided for in section 26;
[Am. Ord. No. 2/74; Am Cap. A136.]
(g)
the disposal by licence or otherwise of any rights reserved to the Government upon alienation;
(h)
authorizing the Registrar to refuse registration of instruments he considers have been tampered with;
(i)
the method of correcting mistakes in any registered instrument;
(j)
the payment and remission of rent, fees or surcharges and the deferring of the payment thereof;
(k)
matters related to native territorial domain;
[Add. Cap. A179]
(l)
regulating and controlling the use of airspace above the land including spectrum and other property found in the column of the airspace above the land and the erection, maintenance and occupation of any structure in that airspace; and
(m)
regulating and controlling the use of land for carbon storage either on the earth or below the earth of the land within the boundary of Sarawak and matters incidental thereto.
[Add. Cap. A200/2022]
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(2)
Such rules may provide that any specified contravention thereof shall constitute an offence and may provide for the punishment thereof by penalties not exceeding imprisonment for three months and a fine of five hundred ringgit.
(3)
The rules contained in the Second Schedule shall, for all purposes including subsequent amendment thereof, be deemed to have been made under this section.
Notices