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67P. Order to supply information or documents.
Where, pursuant to an application by a parcel proprietor,
the Board considers that the management corporation for the subdivided building
or land or any member of its council to which the
application relates, or managing agent for the subdivided building
or land , has wrongfully withheld from the applicant
information to which he is entitled under this Act, the Board may order that
management corporation, managing agent, or any member of the council to supply
or make available the information to the applicant.
67Q. Order with respect to certain consents affecting common
property.
Where, pursuant to an application by a parcel proprietor,
the Board considers that the management corporation for the subdivided building
or land to which the application relates has unreasonably
refused to consent to a proposal by that parcel proprietor to effect alterations
to the common property, the Board may order that management corporation to consent
to the proposal.
67R. General provisions relating to orders under this Part.
(1) An order made by the Board may include such ancillary
or consequential provisions as the Board thinks fit including costs to be paid
by the applicant, a management corporation or any person against whom the order
is made or costs to be paid by a party for making a frivolous application to
the Board.
(2) For the purpose of securing compliance with an order under
this Part, the Board may order a management corporation or any member of its
council, a managing agent or any other person having registered interest in
a parcel or an occupier to do or refrain from doing a specified act with respect
to a subdivided building or land and the common
property.
67S. Representation before the Board.
(1) An applicant for an order under this Part may appear before
the Board or may be represented by counsel who may examine witnesses and address
the Board on behalf of the applicant.
(2) A management corporation appearing before the Board may
be represented by counsel or a member of the council of the management corporation.
67T. Witnesses may be summoned before the Board.
(1) The Board may summon any person to attend before the Board
at the time and place specified in the summons to give evidence and to produce
books, documents or writings in his custody or control which he is required
by the summons to produce.
(2) A person served with a summons under subsection (1) who,
without reasonable excuse, disobeys the summons shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding five thousand ringgit
or to imprisonment for a term not exceeding six months or to both.
(3) A person shall not be bound to produce any books, documents
or writings not specified or otherwise sufficiently described in the summons
or which he would not be bound to produce upon a subpoena for production in
a court.
67U. Board may administer oath or affirmation.
(1) The Board may administer an oath or affirmation to a person
appearing as a witness before the Board, whether or not he has appeared in answer
to a summons, and may examine the witness upon oath or affirmation.
(2) A person appearing as a witness before a Board-
(a) shall not refuse to be
sworn or to make an affirmation;
(b) shall not refuse to answer
any question relevant to any proceedings before the Board which are put to
him by the Board or by any person entitled to appear before the Board in those
proceedings; and
(c) shall not knowingly give
false testimony in any evidence given by him to the Board.
(3) A witness before a Board shall have-
(a) the same protection; and
(b) in addition to the penalties
provided by this Act, the same liabilities,
as he would have had if he had been a witness before a court.
67V. Penalty for contravention of certain orders.
(1) A person who contravenes an order made by the Board to
do or refrain from doing a specified act shall be guilty of an offence and shall
be liable on conviction to a fine not exceeding ten thousand ringgit or to imprisonment
for a term not exceeding two years or to both.
(2) A document purporting to be a copy of an order made by
the Board shall be admissible in evidence and shall, until the contrary is proved,
be deemed to be an order made by the Board.
67W. Time when order takes effect.
Except where provision is otherwise made by this Act or to
the extent that the Board specifies in an order, an order of the Board shall
take effect when a copy of the order, certified by the Board to be a true copy,
is served-
(a) except as provided in paragraph
(b), on the management corporation for the subdivided building
or land to which the order relates; or
(b) where the order requires
a person to do or refrain from doing a specified act, on that person.
67X. Appeal to the High Court on point of law.
(1) No appeal shall lie to the High Court against an order
made by the Board under this Part except on a point of law.
(2) Where an appeal is made to the High Court, the Court may
confirm, vary or set aside the order or remit the order to the Board for reconsideration
together with such directions as the Court thinks fit.
(3) The filing of a notice of appeal shall not operate as
a stay of execution of an order or suspend the effect of an order unless the
Board or the High Court, as the case may be, otherwise orders and any stay or
suspension of an order may be subject to such conditions as the Board or High
Court thinks fit.
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