Malaysia legislation
Section 426a
Section 426a
Power of arrest, seizure, etc.
(1)
Any police officer not below the rank of Inspector,
Registrar, Land Administrator, Settlement Officer or other officer duly authorized by the State Authority (hereinafter in this Part referred to as “authorized officer”) may without warrant—
(a)
arrest any person found committing or attempting to commit or abetting the commission of an offence under section 425 or 426;
(aa) stop and examine any vehicle, tractor or any other thing whatsoever which he has reason to believe was used or is being used in the commission of an offence under that section;
401
National Land Code 593
Provisions of the
National Land Code
Modification
Section 426a
In its application to the Federal Territory of Labuan, delete the words “Land Administrator” wherever they appear.
Act 828
(b)
seize any vehicle, tractor, agricultural implement or other thing whatsoever which he has reason to believe was used or is being used in the commission of an offence under that section;
(c)
demolish, destroy or remove any building, or take possession in the name of the State Authority of any crop, erected or cultivated on any land in contravention thereof.
(2)
When a Registrar, Land Administrator, Settlement Officer or authorized officer exercises his powers of arrest, seizure or removal under subsection (1), he shall declare his office or authority and produce for inspection to any person against whom he is acting, an authority card to be prescribed by the State
Authority.
(3)
A Registrar, Land Administrator, Settlement Officer or authorized officer may call upon any police officer for assistance in the exercise of the powers conferred under subsection (1), and it shall be the duty of every police officer to comply with any such request.
(4)
A Registrar, Land Administrator, Settlement Officer or authorized officer making an arrest under subsection (1) shall without unnecessary delay make over the person so arrested to a police officer or take such person to the nearest police station;
and the provisions of the Criminal Procedure Code [Act 593]
shall apply in relation to the person so arrested.
(5)
Whenever any thing is seized under this section, the seizing officer shall forthwith give notice in writing of such seizure and the grounds thereof to the owner of such thing, if known, either by delivering such notice to him personally or by post or at his place of abode, if known:
Provided that such notice shall not be required to be given where such seizure is made on the person, or in the presence of the offender or the owner or his agent, as the case may be.
402
National Land Code 595
Provisions of the
National Land Code
Modification
Act 828
Provisions of the
National Land Code
Modification
Subsection 426b(2)
In its application to the Federal Territory of Labuan, delete the words “or Land Administrator”.
National Land Code
National Land Code 597
(6)
Any person who fails to cooperate with the authorized officer in the exercise of his power under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Custody and delivery of things seized 426b. (1) Where a Settlement Officer or an authorized officer has seized any thing in exercise of his powers under section 426a, he shall as soon as may be inform of the fact to the Land Administrator, who shall direct the Settlement
Officer or the authorized officer as to the proper custody of the thing, and if the thing is a thing which may be delivered to a police officer under subsection (2), may direct that it is so delivered.
(2)
The Registrar or Land Administrator or if there is a direction under subsection (1), the Settlement Officer or authorized officer, may deliver to a police officer—
(a)
any movable property (other than any thing seized under paragraph 426a(1)(b)) remaining on the land after a person has been arrested or building has been demolished or removed under paragraph 426a(1)(c);
and
(b)
any of the materials composing a building so demolished or removed, and property or materials so delivered shall be disposed of in accordance with section 22 of the Police Act 1967 [Act 344].
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Act 828
Forfeiture of things seized 426c. (1) All things seized in exercise of the powers conferred by paragraph 426a(1)(b) shall be liable to forfeiture.
(2)
Where any thing has been seized under paragraph 426a(1)(b), a police officer not below the rank of Inspector, Registrar or
Land Administrator may, at his discretion, temporarily return such thing to the owner of the same on security being furnished to the satisfaction of the police officer, Registrar or Land Administrator that such thing shall be surrendered to him on demand or to produce it before a court of competent jurisdiction.
(3)
An order for the forfeiture or for the release of any thing seized in exercise of the powers conferred under paragraph 426a(1)(b)
shall be made by the court before which the prosecution with regard thereto has been held and an order for the forfeiture of the thing shall be made if it is proved to the satisfaction of that court that an offence under section 425 or 426 has been committed and that the thing was the subject matter of or was used in the commission of the offence notwithstanding that no person may have been convicted of such offence.
(4)
If there be no prosecution with regard to any thing seized in exercise of the powers under that paragraph, such thing shall be taken and deemed to be forfeited at the expiration of one month from the date of seizure unless before that date a claim thereto is made in the following manner:
(a)
any person asserting that he is the owner of such thing and that it is not liable to forfeiture may personally or by his agent authorized in writing give written notice to the police officer, Registrar or Land Administrator in whose possession such thing is held that he claims the same;
(b)
in receipt of such notice, the police officer, Registrar or
Land Administrator, as the case may be, shall refer the claim to a Sessions Court Judge for decision;
404
National Land Code 599
Provisions of the
National Land Code
Modification
Section 426c
In its application to the Federal Territory of Labuan—
(1)
in subsection (2), substitute for the words “,
Registrar or Land Administrator” wherever they appear the words “or Registrar”;
(2)
in subsection (4)—
(a)
in paragraph (a), substitute for the words
“, Registrar or Land Administrator” the words “or Registrar”; and
(b)
in paragraph (b), substitute for the words
“, Registrar or Land Administrator as the case may be,” the words “or Registrar”.
Act 828
(c)
the Sessions Court Judge to which the matter is referred shall issue a summons requiring the person asserting that he is the owner of the thing and the person from whom it was seized to appear before him and upon his appearance or default to appear, due service of the summons being proved, the Sessions Court Judge shall proceed to the examination of the matter and on proof that an offence under section 425 or 426 has been committed and that such thing was the subject matter of or was used in the commission of such offence shall order the same to be forfeited or may in the absence of such proof order its release.
(5)
All things forfeited or deemed to be forfeited shall be delivered to the Land Administrator and shall be disposed of in accordance with the direction of—
(a)
the State Director;
(b)
the Director General of Lands and Mines, where the offence is committed on land held by or on behalf of the Federal Government; or
(c)
by the authority concerned, where the offence is committed on land held by or on behalf of, a local authority, or a statutory authority exercising powers vested in it by federal or State law.
(6)
Where any thing seized in exercise of the powers conferred under paragraph 426a(1)(b) is of a perishable nature or where the custody of such thing involves unreasonable expense and inconvenience, the State Director, the Director General of Lands and Mines or the authority concerned, as the case may be, may direct that such thing be sold at any time and the proceeds of the sale be held to abide by the result of any prosecution or claim under this section.
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National Land Code 601
No costs or damage arising from seizure to be recoverable 426d. No person shall in any proceedings before any court in respect of the seizure of any thing seized in exercise or the purported exercise of the powers conferred under section 426a be entitled to the costs of such proceedings or subject to section 426c to any damages or other relief unless such seizure was made without reasonable or probable cause.