Seksyen 1
This Order may be cited as the Maintenance Ordinance (Extension) Order, 1970, and shall come into force on the 1st day of January, 1971.
/akn/my/act/pua/1970/460
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MAINTENANCE ORDINANCE (EXTENSION) ORDER 1970 is Malaysia P.U. (A), cited as P.U. (A) 460 1970, currently marked in force and first recorded in 1970.
Opening note
This Order may be cited as the Maintenance Ordinance (Extension) Order, 1970, and shall come into force on the 1st day of January, 1971.
The Maintenance Orders (Facilities for Enforcement) Regulations, 1953, shall have effect with the modifications set out in the Second Schedule to this Order.
The said Ordinance and Regulations as hereby modified are extended to the States of Sabah and Sarawak.
The laws specified in the Third Schedule to this Order are hereby repealed.
FIRST SCHEDULE
(Article 2 (1))
MODIFICATIONS TO BE MADE TO THE MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ORDINANCE, 1949
Section Long title
Modification
Substitute a semi-colon for the full-stop at the end of the definition of "appropriate local Court" and insert the following definition thereafter:
" 'reciprocating country' means any country or territory, including England, Wales and Northern Ireland, to which this Ordinance for the time being applies and which is specified in the First Schedule.".
For "the Federation of Malaya of Maintenance Orders made in England and Northern Ireland" substitute "Malaysia of maintenance orders made in reciprocating countries".
In the definition of "dependants" for "the part of the British Commonwealth of Nations or of the Federation" substitute "a reciprocating country or in Malaysia".
3,4,6(1),9,10... For "England or Northern Ireland" substitute "a reciprocating country".
... ... Omit "by the Secretary of State".
4,5 (3),(5) For "the Secretary of State" substitute "the appropriate authority in the reciprocating country".
5(1) ... For "England or Northern Ireland" where it first occurs substitute "a reciprocating country" and where it occurs for the second time substitute "that reciprocating country".
5(4) ... ... For "England or Northern Ireland" substitute "the reciprocating country".
6 (1) ... For "the Federation" substitute "Malaysia".
6(2) ... ... Insert the following marginal note:
"F.M.S. Cap. 6, Sabah 4/59, Sarawak Cap. 58.".
Substitute—
"Mode of enforcing orders.
An order which has been registered or which has been confirmed by a local Court under this Ordinance shall be enforceable in like manner as if the order had been made—
36/50.
in the States of Malaya, under the Married Women and Children (Maintenance) Ordinance, 1950, of the Federation of Malaya; or under any such State law as is referred to in section 13 of that Ordinance;
Section
7/59.
Modification
in Sarawak, under Chapter XXXIII (sections 335 to $ 3 4 0 \Lambda $) of the Criminal Procedure Code Cap. 62 (1948 Revised Edition) of Sarawak.".
11 ... ... Substitute the following:
"Extension of the Ordinance. 11. Where the Yang di-Pertuan Agong is satisfied that reciprocal provisions have been or will be made by the legislature of any country or territory for the enforcement within that country or territory of maintenance orders made by courts in Malaysia, the Yang di-Pertuan Agong may, by order, extend this Ordinance to that country or territory and may amend the First Schedule in any manner which may be necessary or expedient to give effect to such order and to remove any inconsistency therewith in the First Schedule.".
12 ... 1. For "Schedule" in subsection (1) substitute "Second Schedule".
Omit "to the Solicitor-General for transmission".
Add the following at the end: "and notify the Solicitor-General accordingly".
THIRD SCHEDULE
(Article 3)
REPEAL
Sabah Cap. 118 The Reciprocal Enforcement of Maintenance Orders Ordinance.
Sarawak Cap. 50 The Maintenance Orders (Reciprocal Enforcement) Ordinance.
Made this 27th day of October, 1970. [PM.14495;P.N.3375/180.]
By Command,
TAN SRI ABDUL KADIR BIN SHAMSUDDIN, Secretary to the Cabinet
(To be laid before each House of Parliament pursuant to section 74 (9) of the Malaysia Act.)