Section 77
Section 77
Whoever wilfully obstructs any person in doing any of the acts authorized by section 47(1) or section 49(1) or wilfully fills up, destroys, damages or displaces any trench or mark made under section 47(1) shall be guilty of an offence: Penalty, a fine of two thousand ringgit.
Police to enforce surrender 78.
If the Superintendent is opposed or impeded in taking possession under this Part of any land, he shall apply to the
Commissioner of Police who shall enforce the surrender of the land to the Superintendent.
[Am. Cap. A29.]
Government not bound to complete acquisition 79.⎯(1) Except in the case provided for in section 74, the
*Minister shall be at liberty to withdraw from the resumption of any land of which possession has not been taken.
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*
Mod. Swk. L.N. 68/64. Powers vested in Director of Lands and Surveys — see
G.N. 992/63.
94
(2)
Whenever the *Minister withdraws from any such resumption, the Superintendent shall determine the amount of compensation due for the damage, if any, done to such land under section 47(1) or section 49(1) and not already paid for under section 47(2), and shall pay such amount to the person injured, and shall pay to the persons interested all such costs as shall have been incurred by them by reason or in consequence of the proceedings for resumption together with compensation for the damage, if any, which they may have sustained by reason or in consequence of such proceedings.
(3)
Any dispute as to the amount of compensation payable under this section shall be referred to the Court, and the provisions of this Part shall apply accordingly with such modifications as may be necessary.
Exemption from stamp duty and fee 80.
No award or agreement made under this Part shall be chargeable with stamp duty and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
Bar of suits to set aside awards 81.
No suit shall be brought to set aside an award or apportionment under this Part.
Extinction of native customary rights 82.
This Part shall not apply for the purpose of extinguishing any native customary rights.
[Am. Ord. No. 2/74.]
____________
*
Mod. Swk. L.N. 68/64. Powers vested in Director of Lands and Surveys — see
G.N. 992/63.
95
Interpretation of this Part 83.
For the purpose of this Part—
(a)
a person shall not, in relation to the Government or an officer of the Government, be deemed to be interested in any land being resumed or occupied under this Part, or entered upon under any of its provisions, unless such person either has an interest which is protected under section 132, although it is not registered, or has an interest which is protected by registration under Part
VII; but nothing in this definition shall be deemed to preclude the
Court, in proceedings other than those contemplated by this Part, from giving effect to any right or equity which a person may have against a person receiving or entitled to receive compensation under this Part; and
(b)
“Court” means the High Court.