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Section 16

Provisions applicable to other property

of Telecommunications Act 1950

ActIn forceProvision 16 of 45
Section 16
(1)

If the exercise of the powers mentioned in section 10 in respect of property referred to in subsection (5) thereof is resisted or obstructed, a President or a Magistrate, may, in his discretion, order that the telecommunication authority shall be permitted to exercise them.

(2)

If after the making of an order under subsection (1), any person resists the exercise of those powers, or having control over the property does not give all facilities for their being exercised, he shall be deemed to have committed an offence under section 188 of the Penal Code.

(3)

If any dispute arises concerning the sufficiency of the compensation to be paid under section 10 (5), it shall, on application for that purpose by either of the disputing parties to a President or a Magistrate, be determined by him.

(4)

If any dispute arises as to the persons entitled to receive compensation or as to the proportions in which the persons interested are entitled to share in it, the telecommunication authority may pay in the case of West Malaysia into the Sessions Court and, in the case of East Malaysia into the court of a Magistrate of the First Class for the district such amount as it deems sufficient, or where all the disputing parties have, in writing, admitted the amount tendered to be sufficient, or the amount has been determined under subsection (3), that amount; and the President or Magistrate, after giving notice to the parties and hearing such of them as desire to be heard, shall determine the persons entitled to receive the compensation or, as the case may be, the proportions in which the persons interested are entitled to share in it.

(5)

Every determination of a dispute by a President or Magistrate under subsection (3) or (4) shall be final:

Provided that nothing in this subsection shall affect the right of any person to sue for and recover the whole or any part of any compensation paid by the telecommunication authority from the person who has received the same.