Section 22. Recovery from persons leaving Malaysia. (Real Property Gains Tax Act 1976

Real Property Gains Tax Act 1976 (Act 169)
PART III - ASSESSMENT AND COLLECTION

Section 22. Recovery from persons leaving Malaysia.

(1) The Director General, where he is of the opinion that any person is about or likely to leave Malaysia without paying-

(a) all the tax payable by him (whether or not due or due and payable); and

(b) all sums payable by him under section 21 (4),

may issue to any Commissioner of Police or Director of Immigration a certificate containing particulars of the tax and sums so payable with a request for that person to be prevented from leaving Malaysia unless and until he pays all the tax and sums so payable or furnishes security to the satisfaction of the Director General for their payment.

(2) Subject to any order issued or made under any written law relating to banishment or immigration, any Commissioner of Police or Director of Immigration who receives a request under subsection (1) in respect of any person shall take or cause to be taken all such measures (including the use of reasonable force and the seizure, removal or retention of any certificate of identity and any passport, exit permit or other travel document relating to that person ) as may be necessary to give effect to it.

(3) The Director General shall cause notice of the issue of a certificate under subsection (1) to be served personally or by registered post on the person to whom the certificate relates:

Provided that the non-receipt of the notice by that person shall not invalidate anything done under this section.

(4) Where a person in respect of whom a certificate has been issued under subsection (1)-

(a) produces a written statement signed on or after the date of the certificate by the Director General or an authorised officer to the effect that all the tax and sums specified in the certificate have been paid or that security has been furnished for their payment; or

(b) pays all the tax and sums specified in the certificate to the officer in charge of a police station or to an immigration officer,

the statement or the payment, as the case may be, shall be sufficient authority for allowing that person to leave Malaysia.

(5) No legal proceedings shall be instituted or maintained against the Government, a State Government, a police officer or any other public officer in respect of anything lawfully done under this section or section 32 (2).

(6) In this section -

"Commissioner of Police" includes a Chief Police Officer;

"Director of Immigration" means the Director of Immigration in any part of Malaysia;

"immigration officer" means a public officer having official duties in connection with the control of immigration into Malaysia or any part of Malaysia.