Malaysian Anti-Corruption Commission Act 2009 · Updated to 20 May 2022 · Part V · Investigation, Search, Seizure and Arrest
38. Seizure of immovable property
Feedback & supportWhere the Public Prosecutor is satisfied on information given to him by an officer of the Commission that any immovable property is the subject matter of an offence under this Act or evidence of the commission of such offence, such property shall be liable to seizure and the seizure shall be effected—
officer of the Commission
“officer of the Commission” means the Chief Commissioner and any officer appointed under subsection 6(1);
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
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.
property
“property” means real or personal property of every description, including money, whether situated in Malaysia or elsewhere, whether tangible or intangible, and includes an interest in any such real or personal property;
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.
dealing
“dealing” includes— (a) any purchase, sale, loan, charge, mortgage, lien, pledge, caveat, transfer, delivery, assignment, subrogation, transmission, gift, donation, trust, settlement, deposit, withdrawal, transfer between accounts, or extension of credit; (b) any agency or grant of power of attorney; and (c) any act which results in any right, interest, title or privilege, whether present or future or whether vested or contingent, in the whole of or in part of any property being conferred on any person.
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
officer of a public body
“officer of a public body” means any person who is a member, an officer, an employee or a servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the High Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds, and, where the public body is a corporation sole, includes the person who is incorporated as such;
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.