Malaysia legislation
Section 5B
of SARAWAK TIMBER INDUSTRY DEVELOPMENT CORPORATION ORDINANCE, 1973 ( Ord. No. 3/73 )
Section 5B
(a)
the licensee has failed to pay the prescribed fees made under this Ordinance;
(b)
the licensee has contravened any provisions of this
Ordinance;
(c)
the licensee has failed to comply with any terms and conditions specified in the timber industry licence;
(d)
the licensee has failed to comply with any written direction given by the General Manager;
(e)
the licensee has done any act specified in section 27B;
(f)
it is in the public interest to do so;
(g)
the licensee has been suspected for breach of an offence and is under investigation; or
(h)
the licensee has been convicted of any offence under this Ordinance or its regulations or any other written laws.
(2)
(a)
The General Manager shall, before cancelling or suspending any licence under subsection (1), give the licensee notice in writing of his intention to do so and calling upon him to show cause why such licence should not be cancelled or suspended, as the case may be.
(b)
Where the General Manager is not satisfied that cause has been shown, the General Manager may cancel or suspend such licence.
(c)
Upon the suspension of a licence in subsection 2(b), the
General Manager shall by notice in writing to the licensee, require the licensee to rectify or remedy any breach or non-compliance within a period stipulated in the notice under subsection 2(a).
(d)
If the General Manager is satisfied that the licensee has rectified or remedied the breach or non-compliance stipulated in the notice issued under subsection 2(a), the suspension may be lifted on terms and conditions to be imposed by the General Manager.
(e)
In the event that the General Manager is not so satisfied, the General Manager may by notice in writing to the licensee cancel the licence.
(3)
Any person aggrieved by the decision of the General
Manager made under subsection (1) may, within thirty days after being notified of such decision, give notice of appeal in writing to the
Minister, whose decision shall be final and conclusive, and shall not be challenged, appealed against, reviewed, quashed or call into question in any court or before any other authority, judicial or otherwise whatsoever.
(4)
Section 29 of the Government Proceedings Act 1956
[Act 359] shall apply to any legal proceedings instituted by the aggrieved party against the Government, the Minister and the General
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Manager in consequence of the cancellation or suspension of the timber industry licence under subsection (1).
(5)
The licensee shall not have any claim whatsoever or be entitled to compensation for any loss caused to him by the cancellation or suspension of his timber industry licence.
(6)
On the cancellation of the timber industry licence, the licence shall as from the date thereof, be deemed to be null and void.”
Issuance of Temporary Permit