Fees
1
LAWS OF MALAYSIA
REPRINT
Act 209
FEES ACT 1951
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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FEES ACT 1951
First enacted
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1951 (Ordinance
No. 22 of 1951)
Revised
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1978 (Act 209 w.e.f.
15 November 1978)
PREVIOUS REPRINT
First Reprint
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2001
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LAWS OF MALAYSIA
Act 209
FEES ACT 1951
ARRANGEMENT OF SECTIONS
Section
1.
Short title
2.
Interpretation
3.
Yang di-Pertuan Agong may charge and prescribe fees and payments
to be leviable in courts and public offices
4.
Orders to be laid before the Dewan Rakyat
5.
Officers may decline to act till payment
6.
Fees, etc., recoverable as fines before a Magistrates' Court
7.
Yang di-Pertuan Agong may declare fees or payments to be payable
in stamps
8.
Yang di-Pertuan Agong may declare fees and payments to be payable
in money
9.
Fees, etc., prescribed by written law
10.
Remission of fees
11.
Cessation of effect of certain laws
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ACT 209
Laws of Malaysia
Fees
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LAWS OF MALAYSIA
Act 209
FEES ACT 1951
An Act to provide for the levy of fees and payments for licences,
permits and other matters to be leviable in subordinate courts and
public offices.
[Peninsular Malaysia (including the
Federal Territory)--23 August 1951;
Sabah and Sarawak--3 November 1966,
P.U. (A) 405/1966]
Short title
1. This Act may be cited as the Fees Act, 1951.
Interpretation
2. In this Act, "Federal List" means the First List set out in the
Ninth Schedule to the Federal Constitution, being the list enumerating
the matters with respect to which Parliament may make laws.
Yang di-Pertuan Agong may charge and prescribe fees and
payments to be leviable in courts and public offices
3. Except where expressly provided otherwise by any other written
law, the Yang di-Pertuan Agong may by order--
(a) charge and prescribe fees and payments for licences,
permits and other acts, matters or things, leviable or to
be leviable in the subordinate courts of civil and criminal
jurisdiction and in all public offices and departments of
any Government in Malaysia; and
(b) specify the persons by whom such fees shall be paid and
payments made,
and may at any time revoke or vary any such order:
Provided that the fee or payment so charged or prescribed is in
respect of any matter included in the Federal List.
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ACT 209
Laws of Malaysia
Orders to be laid before the Dewan Rakyat
4.  Every order made under section 3 shall be laid as soon as
conveniently possible on the table of the Dewan Rakyat, and shall
be published in the Gazette, and shall have effect from the date
of such publication:
Provided that such order may be revoked or amended in whole
or in part by resolution of the Dewan Rakyat passed within three
months of the date on which such order was laid upon the table
thereof, and shall thereupon cease to have effect or have effect as
so amended but without prejudice to the validity of anything
previously done thereunder.
Officers may decline to act till payment
5.  The officer of any court, public office or department required
to do anything for which a fee or payment is chargeable or prescribed
under this Act or under any other written law relating to any matter
included in the Federal List may decline to do that thing till the
fee is paid or the payment is made.
Fees, etc., recoverable as fines before a Magistrates' Court
6. (1) All fees and payments charged or prescribed under this Act
shall be recoverable, when not otherwise provided for, by summary
procedure before a Magistrates' Court in the manner provided by
the Criminal Procedure Code [Act 593] for the recovery of fines
and penalties before a Magistrates' Court, on complaint by or on
behalf of the officer to whom the fee ought to have been paid or
the payment ought to have been made.
(2) A certificate by such officer that the fee has not been paid,
or that the payment has not been made, shall be held to be prima
facie proof of such non-payment.
Yang di-Pertuan Agong may declare fees or payments to be
payable in stamps
7.  The Yang di-Pertuan Agong may by order declare that all or
any fees or payments charged or prescribed under this Act, shall
be payable by means of stamps under the laws in force for the
collection of stamp duties in Malaysia.
Fees
7
Yang di-Pertuan Agong may declare fees and payments to be
payable in money
8. The Yang di-Pertuan Agong may by order declare that all or
any fees or payments in any of the public offices and departments
of any Government in Malaysia now or by any order made under
section 7 made payable by means of stamps shall be paid in
money, any written law to the contrary notwithstanding:
Provided that such fees or payments are in respect of any matter
included in the Federal List.
Fees, etc., prescribed by written law
9. Nothing in this Act shall be held to affect the amount of any
such fees or payments leviable or chargeable or to be leviable or
chargeable under any written law when express provision is made
as to the amount of such fees or payments in such written law.
Remission of fees
10. Notwithstanding section 9, it shall be lawful for the Yang
di-Pertuan Agong to remit wholly or in part, and either generally
or in any particular case or class of cases, any fee or other payment
prescribed under this Act or under any other written law relating
to any matter included in the Federal List, and the Yang di-Pertuan
Agong may by order provide for the remission of any such fee or
other payment and may specify therein the person by whom such
remissions shall be granted.
Cessation of effect of certain laws
11. The Fees Ordinance of the Straits Settlements, Enactment No.
37 (Fees) of the State of Kedah and the Fees Enactment, 1940 of
the State of Johore shall from and after the 23rd of August, 1951,
cease to have effect in respect of any matter included in the Federal
List:
Provided that all tables of fees and other payments framed under
the provisions of such Ordinance or Enactments shall until revoked
by order of the Yang di-Pertuan Agong continue in full force and
effect as if this Act had not been passed.
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ACT 209
Laws of Malaysia
LAWS OF MALAYSIA
Act 209
FEES ACT 1951
LIST OF AMENDMENTS
Amending law
Short title
In force from
L.N.332/1958
Federal Constitution (Modification
13-11-1958
of Laws) (Ordinances and
Proclamations) Order, 1958
P.U. 405/1966
Modification of Laws (Fees)
03-11-1966
(Extension to Borneo States)
Order, 1966
Fees
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LAWS OF MALAYSIA
Act 209
FEES ACT 1951
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
2
L.N. 332/1958
13-11-1958
4
L.N. 332/1958
13-11-1958
6
L.N. 332/1958
13-11-1958
7
L.N. 332/1958
13-11-1958
9
L.N. 332/1958
13-11-1958
10
L.N. 332/1958
13-11-1958
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA