Section 38

by the issue of a Notice of Seizure by the Public Prosecutor setting out therein the particulars of the immovable property which is seized in so far as such particulars are within his knowledge, and prohibiting all dealings in such immovable property;

by publishing a copy of such Notice in two newspapers circulating in Malaysia one of which shall be in the national language and the other in the English language;

and

by serving a copy of such Notice on the Land Administrator or the Registrar of Titles, as the case may be, in Peninsular

Malaysia, or on the Registrar of Titles or Collector of

Land Revenue, as the case may be, in Sabah, or on the

Director of Lands and Surveys or the Registrar responsible for land title, as the case may be, in Sarawak, of the area in which the immovable property is situated.

48

Act 694

The Land Administrator, the Collector of Land Revenue, the Director of Lands and Surveys, the Registrar of Titles or the

Registrar responsible for land title, as the case may be, referred to in subsection (1) shall immediately upon being served with a Notice of Seizure under subsection (1) endorse the terms of the Notice of Seizure on the document of title in respect of the immovable property in the Register at his office.

Where an endorsement of a Notice of Seizure has been made under subsection (2), the Notice shall have the effect of prohibiting all dealings in respect of the immovable property, and after such endorsement has been made no dealing in respect of the immovable property shall be registered, regardless whether it was effected before or after the issue of such Notice or the making of such endorsement.

Subsection (3) shall not apply to a dealing effected by an officer of a public body in his capacity as such officer, or otherwise by or on behalf of the Government of Malaysia or the

Government of a State, or a local authority or other statutory authority.

Any person who contravenes subsection (2) or (3) or does any act which results in, or causes, a contravention of subsection (2)

or (3) commits an offence and shall on conviction be liable to a fine not exceeding twice the value of the property in respect of which the Public Prosecutor’s order had been contravened, or fifty thousand ringgit, whichever is the higher, and to imprisonment for a term not exceeding two years.

Where a Notice of Seizure has been issued under subsection (1)

it shall be an offence for the registered proprietor of the immovable property which is seized under such Notice, or for any other person having any interest in such immovable property, who has knowledge of such Notice, to knowingly enter into any agreement with any person to sell, transfer, or otherwise dispose of or deal with, the whole or any part of such immovable property.

Prohibition of dealing with property outside Malaysia