In forceUpdated to 1 Jun 2021Read it in Bahasa Malaysia

Contents

Town and Country Planning Act 1976 · Updated to 1 Jun 2021 · Part IX · Miscellaneous Provisions

46. Service of documents

(1)

All documents required by this Act or the rules made thereunder to be served on any person shall, except where otherwise provided in this Act or the rules, be deemed to be duly served—

(a)

where the document is to be served on a government department, a railway, local, or statutory authority, or a company, corporation, society, or other body, if the document is addressed to the head of the government department, the general manager of the railway authority, or the secretary or any other principal officer of the local authority, statutory authority, company, corporation, society, or other body at the principal, branch, local, or registered office, as the case may be, of the department, authority, company, corporation, or other body, and is either delivered or sent by registered post at or to such office;

(b)

where the document is to be served on a partnership, if the document is addressed to the partnership at its usual place of business, identifying it by the name or style under which its business is carried on, and is either delivered or sent by registered post at or to the said place of business;

(c)

in any other case, if the document is addressed to the person to be served and—

(i)

is given or tendered to him;

88 Laws of Malaysia ACT 172

(ii)

is sent by registered post to him; or

(iii)

if he cannot be served personally or by registered post, is given or tendered to an adult member of his family or is affixed on a conspicuous part of his last known place of residence or business or of the land or building to which the document relates.

(2)

A document that is required or authorized to be served on the owner or occupier of any land or building may be addressed, without any further name or description, to “the owner” or “the occupier”, as the case may be, of the land or building, it being named or described, and shall be deemed to be duly served if the document so addressed is sent or delivered in accordance with paragraph (1)(c).

(3)

If a document is served on a partnership in accordance with paragraph (1)(b), the document shall be deemed to be served on each partner.

(4)

A document sent by registered post shall be deemed to be served seven days after the date of registration.

Terms defined in s 2

building
Defined · s 2
“building” includes any house, hut, shed, or roofed enclosure, whether or not used as a human habitation, and any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, or bridge, and any structure, support, or foundation connected to or with any of those structures;
Open s 2
land
Defined · s 2
“land” includes— (a) the surface, and all substances forming the surface, of the earth; (b) all substances below the surface of the earth; (c) all vegetation and other natural products, whether or not requiring periodical application of labour to their production, and whether on or below the surface of the earth; (d) all things, whether on or below the surface of the earth, that are attached to the earth or permanently fastened to any thing attached to the earth; (e) land covered by water; and (f) any estate or interest in, or right over, land;
Open s 2
local authority
Defined · s 2
“local authority” means any city council, municipal council, municipality, district council, town council, town board, local council, rural board, or other similar authority established by or under any written law;
Open s 2
occupier
Defined · s 2
“occupier”, in relation to any land or building, includes— (a) a tenant of the land or building; (b) an owner of the land or building occupying or otherwise using the land or building; (c) a person in actual occupation of the land or building or having the charge, management, or control thereof, whether on his own account or as an agent of another person, but does not include a lodger;
Open s 2
owner
Defined · s 2
“owner”, in relation to any land or building, means— (a) the registered proprietor of the land; (b) if, in the opinion of the local planning authority, the registered proprietor of the land cannot be traced, his agent or trustee; Town and Country Planning 15 (c) if the registered proprietor of the land is dead, his legal personal representative; (d) if none of the persons mentioned in paragraphs (a), (b), and (c) exists, the person who for the time being is receiving the rent of the land or building, whether on his own account or as an agent or trustee of another person or as a receiver, or who would be receiving the rent if the land or building were let;
Open s 2
rules
Defined · s 2
“rules” means rules made under this Act;
Open s 2

Report

Read on from s 47