Limitation Act 1953 Malaysia
1 this act may be cited as the limitation act 1953.
Limitation act 1953 malaysia. 2 this act shall apply to peninsular malaysia only. Parliament passed the limitation amendment act 2018 act a1566 laa 2018 on 4 th april 2018 to amend the limitation act 1953 la 1953 by amongst others insert the new section 6a which will be in force on 1 st september 2019. Act 254 l im it a t io n a c t 1953 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. 19 february 1953 part i 1.
Section 9 1 limitation act 1953 governs the action to recover land and unlike the areas mentioned above it has a slightly longer time limit of 12 years. 1 this act may be cited as the limitation act 1953. The 6 year limitation period applies notwithstanding when the plaintiff discovers the damages. In malaysia the principal statue of limitation is set out in the limitation act 1953 which was first enacted as the limitation ordinance 1953 f m.
4 of 1953 on 9 february 1953 and is based on the english limitation act 1939 which has since been replaced in britain by the limitation act 1980. An act to provide for the limitation of actions and arbitrations. And 2 where a person is under a disability when the cause of action accrued section 24a. Short title and application.
The limitation act 1953 pursuant to section 6 1 a of the limitation act 1953 limitation act actions in contract and tort shall not be brought after the expiration of six years from the date on which the cause of action accrued. Pursuant to section 6 of the limitation act 1953 an action founded on contract or on tort must be brought within six years from the date on which the cause of action accrues. No action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him or if it first accrued to some person through whom he claims to that person. Legislation from this website is not a copy of the gazette printed by the government printer percetakan nasional malaysia berhad for the purposes of section 61 of the interpretation acts 1948 and 1967 act 388 and does not constitute prima facie evidence of the contents of the gazette by virtue of the section.
The amendment to the limitation act 1953 would extend the time period for commencing a legal action in cases of negligence not involving personal injuries under two circumstances. In april last year the parliament of malaysia passed a bill known as the limitation amendment act 2018. The act provides that. 2 l im it a t io n a c t 1953.
Action includes a suit or any other proceeding in a court of. The limitation act 1953 act 254 referred to as the principal act was amended by inserting after section 6 section 6a.