Malaysia legislation
Section 30
Section 30
Power to take temporary possession of land, building or movable property
(2)
Any member of the Security Forces may take such steps and use such force as appears to him to be reasonably necessary for securing compliance with directions given to any person under subsection (1).
24 Laws of Malaysia ACT 776
(3)
While any land, building or movable property is in temporary possession of the Director of Operations or any person authorized by the Director of Operations under this section, the land, building or movable property may, notwithstanding any restriction imposed on the use thereof (whether by any written law or other instrument or otherwise), be used by, or under the authority of, the Director of
Operations or any person authorized by the Director of Operations for such purpose, and in such manner, as the Director of Operations or any person authorized by the Director of Operations thinks expedient in the interest of national security or for the accommodation of any Security
Forces.
(4)
The Director of Operations or any person authorized by the
Director of Operations, so far as appears to him to be necessary or expedient in connection with the taking of temporary possession or use of the land, building or movable property in pursuance of subsection
(3)
—
(a)
may do, or authorize persons using the land, building or movable property to do, in relation to the land, building or movable property, anything any person having an interest in the land, building or movable property would be entitled to do by virtue of that interest; and
(b)
may by order provide for prohibiting or restricting the exercise of rights of way over the land or building, and of other rights relating thereto which are enjoyed by any person, whether by virtue of an interest in the land or building or otherwise.
(5)
The owner or occupier of any land, building or movable property shall, if requested by or on behalf of the Director of Operations or any person authorized by the Director of Operations so to do, furnish to such authority or person as may be specified in the request such information in his possession relating to the land, building or movable property, being information which may reasonably be demanded of him in connection with the execution of this section, as may be so specified.
(6)
Any person aggrieved by reason of the taking possession of any land, building or movable property under this section may, within
National Security Council 25
fourteen days after possession has been taken, give notice of his objection thereto to an advisory committee appointed under subsection
(7)
.
(7)
The advisory committee referred to in subsection (6) shall consist of the persons appointed by the Director General and such committee may make rules for the conduct of its proceedings.
(8)
The chairman of an advisory committee to which such notice has been given under subsection (6) by an aggrieved person shall inform the Director of Operations or any person authorized by the Director of
Operations who has taken possession of the land, building or movable property.
(9)
The advisory committee shall consider the objection made by the aggrieved person under subsection (6) and any grounds which may be put forward against the objection by the Director of Operations or any person authorized by the Director of Operations who has taken possession of the land, building or movable property and shall forward its recommendations to the Director General.
(10)
The
Director
General shall, after considering the recommendations of the advisory committee, give such directions as he thinks fit.
(11)
If possession is taken of any land, building or movable property in any security area under subsection (1) or the Director
General gives direction under subsection (10) to the Director of
Operations or any person authorized by the Director of Operations to take temporary possession of any land, building or movable property in the security area, compensation shall be paid to the aggrieved person.
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