PART XVI

PROCEDURE

82. Service of summons issued underPart XV.

(1) Any summons issued by the Director-General under Part XV may be served on any person by delivering or tendering to him or copy thereof signed by the Director-General; Provided that:

(a) if the person to be summoned cannot e found and has an agent empowered to accept service of the summons on his behalf, service on such agent shall be sufficient;

(b) if the person to be summoned cannot be found and has no agent empowered to accept service of the summons on his behalf, service on any adult male member, not being a domestic servant, of the family of the person to be summoned who is residing with him shall be deemed good and sufficient service.

(2) When such summon is addressed to a corporation, it may be served:

(a) by leaving a copy thereof, signed by the Director-General, at the registered office, if any, of the corporation;

(b) by sending such copy by registered post in a letter addressed to the corporation at its principal office, whether such office be situated within Malaysia or elsewhere; or

(c ) by delivering such copy to any director, secretary or other principal officer of the corporation.

(3) When such summons is addressed to a firm, it may be served:

(a) by leaving a copy thereof, signed by the Director-General, at the principal place at which the partnership business is carried on;

(b) by sending such copy by registered post in a letter addressed to the firm at its principal office, whether such office be situated within Malaysia or elsewhere; or

(c ) by delivering such copy to any one or more of the partners in such firm or to any person having, at the time of service, the control or management of the partnership business at the principal place at which the partnership business is carried on within Malaysia.

(4) When the person serving such summons delivers or tenders a copy of the summons to be person to be summoned or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service endorsed on the original summons.

(5) If: (a) such person refuses or is unable to sign the acknowledgment; or (b) the serving officer cannot find the person to be summoned and there is no agent empowered to accept service of the summons on his behalf nor any other person on whom the service can be made, The serving officer shall affix a copy of the summons on the outer door of the house in which the person to be summoned ordinarily resides and then return the original to the Director-General with a return endorsed thereon or annexed thereto stating that he has so affixed the copy and the circumstances under which he did no.

(6) The person serving such summons shall, in all cases in which the summons has been served under subsection (4) endorse or annex, or cause to be endorsed or annexed, on or to the original summons a return stating the time when and the manner in which the summons was served.

(7) When a summons is returned under subsection (5), the Director-General shall, if the return under that subsection has not been verified by the affidavit of the person serving it, and may, if it has been so verified, examine such person on affirmation touching the manner of service and may make such further inquiry in the matter as he thinks fit and shall either declare that the summons has been duly served or order such service as he thinks fit.

(8) When the Director-General is satisfied that there is reason to believe that the person to be summoned is keeping out of the way for the purpose of avoiding service or that for any other reason the summons cannot be served in the ordinary way, the Director=General may order the summons to be served by affixing a copy thereof in some conspicuous place in or near the office of the Director-General and also on some conspicuous part of the house in which the person to be summoned is known to have last resided, or in such other manner as the Director-General thinks fit, or may order the substitution for service of notice by advertisement in the Gazette and in such local newspaper or newspapers as the Director-General may think fit.

(9) The service substituted by order of the Director-General shall be as effectual as if it had been made personally on the person to be summoned.

(10) Whenever service is substituted by order of the Director-General, the Director-General shall fix such time for the appearance of the person to be summoned as he may deem fit.

(11) Any order or notice in writing made and issued by the Director-General in the exercise of the powers conferred by this Act may be served as if the same were a summons, and the provisions of this section, other than subsection (10) thereof, shall apply to the service of such order or notice.

83. Power tomake reciprocal provisions between Malaysia and Singapore for the service, execution and enforcement of summonses, warrants and orders.

If the Minister is satisfied that arrangements have been made by or under any legislation in force in the Republic of Singapore for the service, execution or enforcement in the Republic of Singapore of summonses, warrants or orders issued or made under this Act he may, by regulations made under this Act:

(a) prescribe the procedure for sending such summonses, warrants and orders to the Republic of Singapore for service, execution or enforcement, and specify the conditions under which any such summons shall be deemed to have been served; and

(b) make reciprocal provisions for the service, execution or enforcement in Malaysia of summonses, warrants or orders issued or made in the Republic of Singapore under any corresponding or similar legislation in force therein.

84. Jurisdiction.

Notwithstanding the provisions of the Subordinate Courts Act, 1948, all penalties for offences against this Act may be had and recovered in the Sessions Court or the Court of a First Class Magistrate on complaint by any person aggrieved or by the Director-General or any person authorised by him in writing in that behalf.

85. Prosecutions.

No prosecution shall be instituted for an offence under this Act or any regulation made under this Act without the consent in writing of the Public Prosecutor.

85(2). (Deleted).

85A. Right of audience.

The Director-General, or any officer authorised in writing by the Director-General, shall have the right to appear and be heard before a Magistrate Court or a Sessions Court in any civil proceedings under or arising out of this Act, or any regulation made under this Act; and such right shall include the right to appear and represent an employee in any such proceedings.

86.Saving clause as to civil jurisdiction of courts.

Nothing in this Act shall be construed as preventing any employer or employee from enforcing his civil rights and remedies for any breach or non-performance of a contract of serve by any suit in court in any case in which proceedings have not been instituted before the Director-General under section 69 or, if instituted, have been withdrawn.

87. Power of Court imposing fine.

When under this Act any court imposes a fine or enforces the payment of any sum secured by bond, the court may, if it thinks fit, direct that the whole or any part of such fine or sum when recovered be paid to the party complaining.

88. Effect of imprisonment.

From and after the determination of any imprisonment suffered under this Act for non-payment of the amount of any fine, together with the costs assessed and directed to be paid by any order of court, the amount so ordered shall be deemed to be liquidated and discharged, and the order shall be annulled.

89. Incapacity of Director-General hearing inquiry

Where the Director-General, for the purpose of inquiring into any matter under this Act, taken down any evidence or made any memorandum and is prevented by death, transfer or other cause from concluding such inquiry, any successor to such Director-General or other officer may deal with such evidence or memorandum as if he had taken it down or made it and proceed with the inquiry from the stage at which such Director-General left it.

90. Officers acting under Act deemed public servants.

For the purposes of this Act, the Director-General and any other officer appointed or acting under this Act shall be deemed to be public servants within the meaning of the Penal Code.