Salient Features of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020:
- came into effect on 23.10.2020and remain in force for 2 years, may be extended by the Prime Minister, if it is so required.
- with the objective of reducing the impact of COVID-19.
A. Rawpower4u.is Reviews (UPDATED 2019) – Choice for Anabolic Steroids in United States – Online Pharmacy Reviews oral steroids online vp pence joining franklin graham to stand for persecuted christians PART II – Inability to Perform Contractual Obligation:-
-Contractual Obligation (Section 7).
-Deemed operative from 18.3.2020 to 31.12.2020.
The inability of Pain Is So Close To Pleasure – Bodybuilding deca steroid results bcaa powder 8-1-1 – anti-catabolic amino acid muscle growth anabolic proteins | ebay any party or parties to perform any contractual obligation arising from any of the categories of contracts specified in the Schedule to this Part due to the measures prescribed, made or taken under the Prevention and Control of Infectious Diseases Act 1988 [Act 342] to control or prevent the spread of COVID-19 shall not give rise to the other party or parties exercising his or their rights under the contract.
-List of categories of contract:-
- Construction work contract or construction consultancy contract and any other contract related to the supply of construction material, equipment or workers in connection with a construction contract;
- Performance bond pursuant to a construction contract or supply contract;
- Professional services contract;
- Lease or tenancy of non-residential immovable property;
- Event contract;
- Tourism enterprise; and
- Religious pilgrimage-related contract.
-Disputes shall be referred to a Mediation (Section 9)
-The Minister (Legal Affairs) has stated that the mediation is subject to a monetary limit of RM300,000.00.
-The Government to bear the costs for B40 and M40 groups; micro and small industries.
-There is a saving provision for any contract terminated, deposit or performance bond forfeited, any damages received, any legal proceedings, arbitration or mediation commenced. Judgement or award granted and any execution carried out prior to 23.10.2020, shall be deemed to have been validly terminated, forfeited, commenced or granted or carried out.
B. Part III & Part VI – Limitation under the Limitation Act 1953 and Public Authorities Protection Act 1948:-
Any limitation period specified which shall expires between the period 18.3.2020 to 31.8.2020 shall be extended to 31.12.2020.
C. Part VII – Insolvency Act 1967:-
The Act prohibits a creditor from presenting a bankruptcy petition against a debtor unless the aggregate amount of debts owing to the petitioning creditors amounts to RM100,000.00 (increased from RM50,000.00).
Applicable until 31.8.2021.
Saving provision applies to any proceedings, actions or other matters pending under the Insolvency Act 1967 before the date of publication shall not be affected.
D. Part VIII – Hire-Purchase Act 1967:-
The Act prohibits an owner from exercising any power to re-possess goods comprised in a hire-purchase agreement under Section 16 of the Hire-Purchase Act 1967 for any default of payment of instalment during the period between 1.4.2020 to 30.9.2020.
Saving provision applies to any exercise of power to re-possess the goods before the date of publication.
E. Part IX – Consumer Protection Act 1999:-
The modification of section 24v of the Consumer Protection Act 1999 precludes the credit facility provider from commencing legal proceedings to recover the total outstanding amount payable by the purchaser under the credit sale agreement during the period 18.3.2020 to 31.12.2020.
Saving provision applies to any legal proceedings commenced, or any judgement or award obtained for the outstanding amount payable under the credit sale agreement between the period 18.3.2020 to 23.10.2020.
F. Part X – Distress Act 1951:-
The Act prohibits a landlord from taking action under Section 5(1) of the Distress Act 1951 to recover arrears of rent for the period between 18.3.2020 to 31.8.2020. This provision applies to all types of tenancies.
Saving provision applies to any execution of a warrant of distress issued before 23.10.2020.
G. Part XI – Housing Development (Control and Licensing) Act 1966 (“HDA”) and Housing Development (Control and Licensing) Regulations 1989:-
- Late payment charges:
A developer is precluded from imposing late payment charges in respect of any unpaid instalment if the purchaser’s failure to pay such instalment during the period between 18.3.2020 to 31.8.2020.
- Vacant possession and liquidated damages:
The period between 18.3.2020 to 31.8.2020 shall be excluded from the computation of the time for delivery of vacant possession of a housing accommodation and the liquidated damages for the developer’s failure to deliver vacant possession of a housing accommodation.
The Minister may, upon the developer’s application, grant the developer an extension up to 31.12.2020 to deliver vacant possession.
If the purchaser is unable to take possession of a housing accommodation from the date of service of a notice to take vacant possession from the developer during the period 18.3.2020 to 31.8.2020, the purchaser shall not be deemed to have taken such vacant possession upon the expiry of the developer’s notice to take vacant possession.
- Defect Liability Period:
The period between 18.3.2020 to 31.8.2020 shall be excluded from the calculation of a defect liability period and the time for the developer to carry out works to repair and make good the defects and other faults in a housing accommodation.
The Minister may, upon the developer’s application, grant the developer an extension up to 31.12.2020 to make good the defects and other faults.
- Housing Tribunal Claim:
If the limitation period for a homebuyer to file a claim in the Tribunal for Homebuyer Claims has expired during the period between 18.3.2020 to 9.6.2020, a homebuyer is entitled to file a claim from 4.5.2020 to 31.12.2020 and the Tribunal shall have the jurisdiction to hear such claim.
All the above is subject to the saving provision for action taken, or judgment or award obtained and any payment made prior to 23.10.2020 shall be deemed to have been validly paid under the HDA and its regulations, and such payment shall not be refunded to the payer.
H. Part XII – Industrial Relations Act 1967:-
The period between 18.3.2020 to 9.6.2020 is to be excluded from the calculation of the period under the Industrial Relations Act 1967 for according recognition, or notifying a trade union, the making of a report to the Director General for Industrial Relations, the filing of representation under section 20(1A) of the Act.
I. Part XVI & Part XVII – Modifications to the Courts of Judicature Act 1964 and Subordinate Courts Act 1948:-
Chief Justice may issue directives or modification to the Rules.
J. Part XIX – Statutory duty and obligation:-
The Minister may by order published in the Gazette, extend the time for the authority to perform such statutory duty or obligations within the time stipulated in the relevant Act during the period from 18.3.2020 to 9.6.2020.
The Minister may by order published in the Gazette, provide for alternative arrangements for any statutory meeting to be held or conducted. During the period from 18.3.2020 to 9.6.2020.
Comments:-
The long lapse of time between the implementation of the movement control order in Malaysia on 18.3.2020 and the date of publication of the Act, on 23.10.2020, has diluted its significance and to a large extend, nullify the objectives of the Act. Meanwhile, the saving provisions are necessary to maintain law and order.
Goh Peng Hong
28.10.2020