LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TEXT OF REPRINT

Act 212

HIRE-PURCHASE ACT 1967

As at 30 July 2012

2

HIRE-PURCHASE ACT 1967

First enacted  … … … … 1967 (Act No. 24 of

1967]

Revised … … … … 1978 (Act 212 w.e.f

15 November 1978)

Latest amendment made by

Act A1384 which came

into operation on … … … …     15 June 2011

PREVIOUS REPRINTS

First Reprint…      …    … …   …     2001

Second Reprint…      …    … …   …     2006

3

LAWS OF MALAYSIA

Act 212

HIRE-PURCHASE ACT 967

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1.  Short title and application

2. Interpretation

3.  Appointment of officers

PART II

FORMATION AND CONTENTS OF HIRE-PURCHASE

AGREEMENTS

4.  Requirements relating to hire-purchase agreements

4A.  Hire-purchase agreement to be in writing

4B.  Hire-purchase agreement to be signed, etc.

4C.  Contents of hire-purchase agreement

4D.  Separate agreement for every item of goods

4E. Motor vehicle registration certificate

4F. Altered or modified motor vehicle

4G. Declaration on second-hand motor vehicle

5.  Copy of documents to be served on hirer

6.  (Deleted)

PART IIA

OPTION TO HIRER

6A.  Option to hirer

6B.  Right of owner to revise the base lending rate

4                                       Laws of Malaysia                          ACT 212

Section

6C.  Right of hirer where the base lending rate is revised

PART III

PROTECTION OF HIRERS AND GUARANTORS

Warranties and Conditions

7.  Conditions and warranties to be implied in every hire-purchase agreement

8.  Liability of the owner and person acting on his behalf for

 misrepresentation

PART IV

HIRERS

Statutory rights of hirers

9.  Duty of owners and sellers to supply documents and information

10. Appropriation of payments made in hire-purchase agreements

11.  Power of court to allow goods to be removed

12.  Assignments of rights under hire-purchase agreement

13.  Operation of law

14.  Early completion of agreement

15.  Power of hirer to determine hiring

16.  Notices to be given to hirer when goods repossessed

16A.  Hirer who returns goods not liable to pay cost of repossession, etc.

17.  Owner to retain possession of goods repossessed for twenty-one days

17A. Permits for repossession

17B. Offence to appoint non-permit holder

18.  Hirer’s rights and immunities when goods repossessed

19.  Power of hirer to regain possession of goods in certain circumstances

20.  Power of court to vary existing judgments or orders when goods are

 repossessed

Hire-Purchase                                         5

PART V

GUARANTORS

Section

   20A.  Owner may require guarantors

21.  Provisions as to guarantors

22.  Guarantor not to be bound in certain cases

23.  Rights of guarantor against owner

24.  Rights of guarantor against hirer

25.  Guarantor not to seize

PART VI

INSURANCE

26.  Insurance of goods comprised in hire-purchase agreements

27.  Powers of court in relation to insurance contracts associated with

 hire-purchase agreements

28.  Contents of contracts of insurance

29.  Application of Part VI

PART VII

GENERAL

30.  Limitation on terms charges

30A. Booking fee

31.  Minimum deposits

32.  Certain payments, etc., not to be treated as deposits for the purposes of this

 Part

33.  Power of court to reopen certain hire-purchase transactions

34.  Avoidance of certain provisions

35.  Provisions relating to securities collateral to hire-purchase agreements

36.  False statement by dealers, etc., in proposals

36A.  Prohibition against collection of payment other than those in the Second

 Schedule

6                                       Laws of Malaysia                          ACT 212

Section

36B.  Prohibition against collection of payment by person other than owners,

 dealers, agents, etc.

36C.  Issue of receipt in respect of payments

36D.  Owner to inform hirer where dealer, etc., has ceased to be authorized to

 collect payment

37.  Hirer may be required to state where goods are

38.  Fraudulent sale or disposal of goods by hirer

39.  Certain alterations, etc., of hire-purchase agreements to be of no effect

40.  Second-hand goods

41.  Power of court to extend time

42.  Power of court to order delivery of goods unlawfully detained

43.  Service of notices

43A.  Substituted service

44.  Proof of service

45.  Size, type, etc., required in certain documents

46.  Penalty

47.  Liability of responsible officers of company

48.  Principal criminally liable for acts of servant or agent

PART VIII

POWERS OF ENFORCEMENT

49.  Declaration of office

50.  Power to enter premises and inspect and seize goods and documents

50A. Access to computerized data

50B. List of things seized

51.  Obstruction of officers

51A.  Warrant admissible notwithstanding defects, etc.

51B.  Powers of investigation

51C. Power of arrest

51D. Power to require attendance of person acquainted with case

51E. Examination of person acquainted with case

Hire-Purchase                                         7

Section

52.  Supply of information

53.  Admissibility of statement in evidence

54.  Disclosure of information

55.  Prosecution

55A.  Forfeiture of goods, etc., seized

55B. No costs or damages arising from seizure to be recoverable

55C. Cost of holding property, etc., seized

56.  Compounding

56A.  Protection of Controller, Deputy Controllers, Assistant Controllers, etc.

56B. Protection of informers

PART IX

REGULATIONS, ETC.

57.  Regulations

57A.  Power to amend Schedules

58.  Operation of certain laws

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

FOURTH SCHEDULE

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

                                                          9

LAWS OF MALAYSIA

Act 212

HIRE-PURCHASE ACT 1967

An Act to regulate the form and contents of hire-purchase agreements,

the rights and duties of parties to such agreements and to make

provisions for other matters connected therewith and incidental thereto.

 [11 April 1968, P.U. (B) 150/1968]

PART I

PRELIMINARY

Short title and application

1.  (1)  This Act may be cited as the Hire-Purchase Act 1967.

(2)  This Act shall apply throughout Malaysia and in respect only

of hire-purchase agreements relating to the goods specified in the

First Schedule.

(3)  (Deleted by Act A1234).

(4)  This Act shall apply only to hire-purchase agreements entered

into after the coming into operation of the Act.

Interpretation

2.  (1)  In this Act, unless the context otherwise requires—

“action” includes counter-claim and set off;

“base lending rate” means the minimum interest rate based on

owner’s cost of funds and other administrative costs;

10                                       Laws of Malaysia                          ACT 212

 “consumer goods” means goods purchased for personal, family or

household purposes;

“contract of guarantee” means, in relation to any hire-purchase

agreement, a contract made at the request, expressed or implied, of

the hirer to guarantee the performance of the hirer’s obligations under

the hire-purchase agreement, but does not include the dealer or a

person engaged at the time of giving of the guarantee in the trade or

business of selling goods of the same nature or description as the

goods comprised in the agreement, and the expression “guarantor”

shall be construed accordingly;

“Controller”, “Deputy Controller” and “Assistant Controller” mean

respectively, the Controller of Hire-Purchase, a Deputy Controller of

Hire-Purchase and an Assistant Controller of Hire-Purchase

appointed under subsection 3(1);

“dealer” means a person, not being the hirer or the owner or a

servant of the owner, by whom or on whose behalf negotiations

leading to the making of a hire-purchase agreement with the owner

were carried out or by whom or on whose behalf the transaction

leading to a hire-purchase agreement with the owner was arranged;

“goods” includes any replacements or renewals by the hirer of any

part or parts thereof and any accessories added or additions made

thereto by the hirer during the period of the hiring;

“hire-purchase agreement” includes a letting of goods with an

option to purchase and an agreement for the purchase of goods by

instalments (whether the agreement describes the instalments as rent

or hire or otherwise), but does not include any agreement—

(a)  whereby the property in the goods comprised therein

passes at the time of the agreement or upon or at any

time before delivery of the goods; or

(b)  under which the person by whom the goods are being

hired or purchased is a person who is engaged in the

trade or business of selling goods of the same nature or

description as the goods comprised in the agreement;

Hire-Purchase                                         11

“hire-purchase price” means the total sum payable by the hirer

under a hire-purchase agreement in order to complete the purchase of

goods to which the agreement relates, exclusive of any sum payable

as a penalty or as compensation or damages for a breach of the

agreement;

“hirer” means the person who takes or has taken goods from an

owner under a hire-purchase agreement and includes a person to

whom the hirer’s rights or liabilities under the agreement have passed

by assignment or by operation of law;

“Minister” means, unless otherwise stated, the Minister for the time

being charged with the responsibility for consumer affairs;

“owner” means a person who lets or has let goods to a hirer under a

hire-purchase agreement and includes a person to whom the owner’s

rights or liabilities under the agreement have passed by assignment or

by operation of law;

“prescribed” means prescribed by the Minister under this Act;

“statutory rebate”—

(a) in relation to terms charges—

(i)  means the amount derived by multiplying the

terms charges by the sum of all the whole

numbers from one to the number which is the

number of complete months in the period of the

agreement still to go (both inclusive) and by

dividing the product so obtained by the sum of

all the whole numbers from one to the number

which is the total number of complete months in

the period of the agreement (both inclusive); or

(ii)  where it is agreed in a hire-purchase agreement

that the terms charges have been calculated on a

simple interest basis at a rate specified in the

agreement on the amount outstanding from

month to month-means the amount of interest

12                                       Laws of Malaysia                          ACT 212

attributable to the period of complete months

still to go under the agreement;

(b) in relation to insurance, means the sum of—

(i)  the amount of premium paid in respect of any

annual period not yet commenced; and

(ii)  the amount of premium paid in respect of the

current annual period less the amount of

premium which would have been paid at the

insurers short period rates for the period which

the policy has been in force provided no claim

has arisen during this period;

“third-party insurance” means any insurance in relation to liability

in respect of death or bodily injury caused by or arising out of the use

of a motor vehicle being insurance required by law;

“vehicle registration fees” means any amount to be provided under

a hire-purchase agreement by the owner for payment by or on behalf

of the hirer under this Act in connection with the registration and use

of a motor vehicle, including any amount payable for third-party

insurance.

(2)  Where an owner has agreed that any part of the hire-purchase

price may be discharged otherwise than by the payment of money,

any such discharge shall, for the purposes of this Act, be deemed to

be a payment of that part of the hire-purchase price.

Appointment of officers

3.  (1)  The Minister may appoint a Controller of Hire-Purchase and

such number of Deputy Controllers of Hire-Purchase, Assistant

Controllers of Hire-Purchase and other officers as may be necessary

for the purposes of this Act.

(2)  The Controller shall, subject to the general direction and

control of the Minister, perform the duties and exercise the right sand

Hire-Purchase                                         13

powers imposed and conferred upon him by this Act and any

regulations made thereunder.

(3)  The Deputy Controller, Assistant Controllers and other

officers appointed under subsection (1) shall be under the control and

direction of the Controller.

(4)  A Deputy Controller may exercise all the powers conferred

and duties imposed upon the Controller under this Act except any

powers or duties expressed to be exercisable by the Controller

personally.

(5)  The Controller or Deputy Controller may perform such duties

and exercise such powers and functions conferred upon an Assistant

Controller by this Act or any regulations made thereunder.

(6)  All officers appointed under this section shall be deemed to be

public servants within the meaning of the Penal Code [Act 574].

PART II

FORMATION AND CONTENTS OF HIRE-PURCHASE

AGREEMENTS

Requirements relating to hire-purchase agreements

4.  (1)  Before any hire-purchase agreement is entered into in

respect of any goods—

(a)  in a case where negotiations leading to the making of the

hire-purchase agreement is carried out by any person

who would be the owner under the hire-purchase

agreement to be entered into, or by any person, other

than the dealer, acting on his behalf, such person shall

serve on the intending hirer a written statement duly

completed and signed by him in accordance with the

form set out in Part I of the Second Schedule;

14                                       Laws of Malaysia                          ACT 212

(b)  in a case where negotiations leading to the making of the

hire-purchase agreement is carried out by a dealer, such

dealer shall—

(i)  serve on the intending hirer a written statement

duly completed and signed by him in accordance

with the form set out in Part I of the Second

Schedule; and

(ii)  at any time after the service of the written

statement referred to in subparagraph (i) but

before the hire-purchase agreement is entered

into, serve on the intending hirer a written

statement duly completed and signed both by

him and the prospective owner in accordance

with the form set out in Part II of the Second

Schedule.

(2)  The written statements referred to in subsection (1) shall be

served by delivering it in person to the intending hirer or his agent

who shall acknowledge receipt of the same by signing under his hand

at the appropriate column contained therein.

(3)  Any person who has been served with the written statement or

statements referred to in subsection (1) shall not be under any

obligation to enter into any hire-purchase agreement and no payment

mentor or other consideration shall be required from him in respect of

the preparation or service of such statement or statements, as the case

may be.

 (4)  A hire-purchase agreement entered into in contravention of

subsection (1) shall be void.

(5)  An owner who enters into a hire-purchase agreement and a

dealer who carries out negotiations leading to the making of a hire-

purchase agreement that does not comply with subsection (1),

irrespective of whether such hire-purchase agreement is void or

otherwise, shall be guilty of an offence under this Act.

Hire-Purchase                                         15

(6)  Where a person upon whom a written statement or statements

referred to in subsection (1) have been served is subject to any

obligation to enter into any hire-purchase agreement to which such

written statement or statements relate or is required to make any

payment or other consideration in respect of the preparation or

service of such statement or statements, as the case may be, any

person who imposed such obligation or requirement shall be guilty of

an offence under this Act.

(7)  The Minister may, by order, amend, vary, delete from, or add

to, Part I and Part II of the Second Schedule.

Hire-purchase agreement to be in writing

4A.  (1)  A hire-purchase agreement in respect of any goods specified

in the First Schedule shall be in writing.

(1A)  A hire-purchase agreement shall be in the national language

or English language.

(2)   A hire-purchase agreement that does not comply with

subsections (1) and (1A) and shall be void.

(3)   An owner who enters into a hire-purchase agreement that does

not comply with subsections (1) and (1A) shall, notwithstanding that

the hire-purchase agreement is void, be guilty of an offence under

this Act.

Hire-purchase agreement to be signed, etc.

4B.  (1)  Every hire-purchase agreement shall be signed by or on

behalf of all parties to the agreement.

 (2) No owner, dealer, agent or person acting on behalf of the

owner shall require or cause any intending hirer or his agent to sign a

hire-purchase agreement or any other form or document relating to a

hire-purchase agreement unless such hire-purchase agreement, form

or document has been duly completed.

16                                       Laws of Malaysia                          ACT 212

(2A)  No owner shall deliver or cause to be delivered to any dealer,

agent or person acting on behalf of the owner a hire-purchase

agreement or any other form or document relating to a hire-purchase

agreement which has not been duly completed.

 (3)  A hire-purchase agreement that contravenes subsections (1),

(2) and (2A) shall be void.

 (4)  An owner, dealer, agent or person acting on behalf of the

owner who—

(a)  enters into a hire-purchase agreement in contravention

of subsection (1);

(b)  requires or causes an intending hirer or his agent to sign

a hire-purchase agreement in contravention of

subsection (2); or

(c)  delivers or causes to be delivered a hire-purchase

agreement in contravention of subsection (2A),

shall, notwithstanding that the hire-purchase agreement is void, be

guilty of an offence under this Act.

Contents of hire-purchase agreement

4C.  (1)  Every hire-purchase agreement—

(a)  shall—

(i)  specify a date on which the hiring shall be

deemed to have commenced;

  (ii)  specify the number of instalments to be paid

under the agreement by the hirer;

 (iii)  specify the amounts of each of these instalments

and the person to whom and the place at which

Hire-Purchase                                         17

the payments of these instalments are to be

made;

 (iv)  specify the time for the payment of each of those

instalments;

 (v)  contain a description of the goods sufficient to

identify them;

 (vi)  specify the address where the goods under the

hire-purchase agreement are;

(b)  where any part of the consideration is or is to be

provided otherwise than in cash, shall contain a

description of that part of the consideration;

(c)  shall set out in a tabular form—

(i)  the price at which at the time of signing the

agreement the hirer might have purchased the

goods for cash (in this Act referred to and in the

agreement to be described as “cash price”);

(ii)  the amount paid or provided by way of deposit

(in this Act referred to and in the agreement to be

described as “deposit”) showing separately the

amount paid in cash and the amount provided by

any consideration other than cash;

 (iii)  any amount included in the total amount payable

to cover the expenses of delivering the goods or

any of them or to the order of the hirer (in this

Act referred to and in the agreement to be

described as “freight”);

(iv)  any amount included in the total amount payable

to cover vehicle registration fees in respect of the

goods (in the agreement to be described as

“vehicle registration fees”);

18                                       Laws of Malaysia                          ACT 212

(v)  any amount included in the total amount,

payable for insurance in respect of the goods or

any of them;

(vi)  the total of the amounts referred to in

subparagraphs (i), (iii), (iv) and (v) less the

deposit;

(vii)  the amount of any other charges included in the

total amount payable (in this Act referred to and

in the agreement to be described as “terms

charges”);

(viii)  the annual percentage rate for terms charges

which shall be calculated in accordance with the

formula set out in the Seventh Schedule;

(ix)  the total of the amounts referred to in

subparagraphs (vi) and (vii) of this paragraph (in

this Act referred to as “the balance originally

payable under the agreement”); and

(x)  the total amount payable;

(d)  shall not contain any particulars which differ in any

material way from the particulars contained in the

written statement or statements served on the hirer

pursuant to paragraph 4(1)(a) or 4(1)(b), as the case may

be.

 (1A)  Paragraph (1)(d) shall not apply where in the hire-purchase

agreement the terms charges are at a variable rate.

 (1B)  Where in a hire-purchase agreement the terms charges are at a

variable rate, the following items shall be specified in the hire-

purchase agreement based on the terms charges calculated in

accordance with the base lending rate applicable at the time the hire-

purchase agreement is entered into:

Hire-Purchase                                         19

(a) the number of instalments to be paid under the

agreement by the hirer;

(b)  the amount of each of these instalments;

(c)  the annual percentage rate of terms charges which

shall be calculated in accordance with the formula

set out in the Seventh Schedule; and

(d) the balance originally payable under the agreement.

 (2)  A hire-purchase agreement that contravenes subsection (1)

shall be void.

 (3)  An owner who enters into a hire-purchase agreement in

contravention of subsection (1) shall, notwithstanding that the

hire-purchase agreement is void, be guilty of an offence under

this Act.

Separate agreement for every item of goods

4D.  (1)  There shall be a separate hire-purchase agreement in

respect of every item of goods purchased under this Act.

 (2)  A hire-purchase agreement that does not comply with

subsection (1) shall be void.

 (3)  An owner who enters into a hire-purchase agreement that

does not comply with subsection (1) shall, notwithstanding that

the hire-purchase agreement is void, be guilty of an offence under

this Act.

 (4)  For the purposes of this section, any goods which are

essentially similar or complementary to each other and sold as a set

shall be regarded as an item.

20                                       Laws of Malaysia                          ACT 212

Motor vehicle registration certificate

4E.  (1)  Where the goods comprised in a hire-purchase agreement is

a motor vehicle, a hirer may make a request in writing to an owner to

keep the registration certificate of the motor vehicle.

 (2)  The owner shall, upon the request of the hirer under

subsection (1), furnish the registration certificate of the motor

vehicle to the hirer.

 (3)  For the purpose of subsection (1), registration certificate

includes registration book.

 (4)  An owner who contravenes subsection (1) shall be guilty of

an offence under this Act.

Altered or modified motor vehicle

4F.  (1)  A hire-purchase agreement shall not be entered into where

the goods comprised in the hire-purchase agreement is a motor

vehicle which has been altered or modified in its construction and

structure.

 (2)  A hire-purchase agreement that contravenes subsection (1)

shall be void.

Declaration on second-hand motor vehicle

4G.  (1)  Where goods to be comprised in a hire-purchase agreement

is a second-hand motor vehicle, the person who intends to enter into

the hire-purchase agreement in respect of such second-hand motor

vehicle shall declare in writing any defects of the second-hand motor

vehicle in accordance with the inspection report by the relevant

authority determined by the Controller.

 (2)  For the purpose of subsection (1), “defect” includes defect to

the mechanical or operational system, construction, structure and

build-up and fitting of the motor vehicle.

Hire-Purchase                                         21

 (3)  Any person who contravenes this section shall be guilty of

an offence under this Act.

Copy of documents to be served on hirer

5.  (1)  Within twenty-one days after the making of a hire-

purchase agreement, the owner shall serve or cause to be served

on the hirer and the guarantors a copy of the agreement each.

 (1A)  (Deleted by Act A1384).

 (2)  At any time before the final payment has been made under a

hire-purchase agreement the owner shall, within twenty-one days

after he has received a request in writing from the hirer, supply to the

hirer a copy of any memorandum or note of the agreement—

(a)  on payment by the hirer of the prescribed fee; or

(b)  where no fee is prescribed, one free copy, and there

after a fee as may be prescribed shall be charged for

the supply of a second or subsequent copy thereof.

 (3)  Where any part of the total amount payable consists of an

amount paid or to be paid under a policy of insurance in respect

of the goods, the owner shall serve or cause to be served on the

hirer forthwith a copy of the insurance payment receipt and,

within seven days of receipt of the policy, a copy of the policy or

statement in writing setting out the terms, conditions and

exclusions of the policy that affect the rights of the hirer.

 (4)  Any person who contravenes this section shall be guilty of

an offence under this Act.

6.  (Deleted by Act A813).

22                                       Laws of Malaysia                          ACT 212

PART IIA

OPTION TO HIRER

Option to hirer

6A.  (1)  An owner shall provide an option to the hirer for the terms

charges under a hire-purchase agreement to be at a fixed rate or at a

variable rate.

 (2)  A variable rate of terms charges shall be quoted at a margin

percentage above the base lending rate.

Right of owner to revise the base lending rate

6B.  (1)  Where in the hire-purchase agreement the terms charges are

at a variable rate, the owner may revise the base lending rate at any

time during the continuance of the agreement.

 (2)  Where the owner has revised the base lending rate, the rate

and total amount of terms charges and the amount of each instalment

or the number of instalments under the hire-purchase agreement shall

be revised accordingly.

 (3)  Where the owner has revised the base lending rate, he shall

serve a notice to hirer specifying the following:

(a)  the revised base lending rate;

(b)  the revised rate of terms charges;

(c)  the revised total amount of terms charges; and

(d)  the revised amount of instalments or the revised number

of instalments, as the case may be.

Hire-Purchase                                         23

Right of hirer where the base lending rate is revised

6C.  Where the owner has revised the base lending rate, the hirer

may opt whether—

(a) to retain the existing number of instalments and vary the

amount of instalments; or

(b) to retain the existing amount of instalments and vary the

number of instalments.

PART III

PROTECTION OF HIRERS AND GUARANTORS

Warranties and Conditions

Conditions and warranties to be implied in every hire-purchase

agreement

7.  (1)  In every hire-purchase agreement there shall be—

(a)  an implied warranty that the hirer shall have and enjoy

quiet possession of the goods;

(b)  an implied condition on the part of the owner that he

shall have a right to sell the goods at the time when the

property is to pass;

(c)  an implied warranty that the goods shall be free from

any charge or encumbrance in favour of any third party

at the time when the property is to pass.

(2)  In every hire-purchase agreement there shall be an implied

condition that the goods shall be of merchantable quality, but such a

condition shall not be implied—

24                                       Laws of Malaysia                          ACT 212

(a)  where the hirer has examined the goods or a sample

thereof, as regards defects which the examination ought

to have revealed; or

(b)  if the goods are second-hand goods and the agreement

contains a statement to the effect that—

(i)  the goods are second-hand; and

(ii)  all conditions and warranties as to quality are

expressly negatived, and the owner proves that

the hirer has acknowledged in writing that the

statement was brought to his notice.

(3)  Where the hirer expressly or by implication makes known to

the owner or the dealer or to any servant or agent of the owner or the

dealer the particular purpose for which the goods are required, there

shall be implied in the hire-purchase agreement a condition that the

goods shall be reasonably fit for that purpose, but such a condition

shall not be implied if the goods are second hand good sand the

agreement contains a statement to the effect—

(a)  that the goods are second-hand; and

(b)  that all conditions and warranties of fitness and

suitability are expressly negatived, and the owner proves

that the hirer has acknowledged in writing that the

statement was brought to his notice.

(4)  Nothing in this section shall prejudice the operation of any

other written law or rule of law whereby any condition or warranty is

to be implied in any hire-purchase agreement.

Liability of the owner and person acting on his behalf for

misrepresentation

8.  (1)  Every representation, warranty or statement made to the

hirer or prospective hirer, whether orally or in writing, by the

owner or the dealer or any person acting on behalf of the owner

Hire-Purchase                                         25

or the dealer in connection with or in the course of negotiations

leading to the entering into of a hire-purchase agreement shall

confer on the hirer—

(a)  as against the owner—the same right to rescind the

agreement as the hirer would have had if the

representation, warranty or statement had been by an

agent of the owner; and

(b)  as against the person who made the representation,

warranty or statement, and any person on whose

behalf the person who made the representation,

warranty or statement was acting in making it—the

same right of action in damages as the hirer would

have had against them or either of them if the hirer

had purchased the goods from the person who made

the representation, warranty or statement or the

person on whose behalf the person who made the

representation, warranty or statement was acting (as

the case may be) as a result of the negotiations.

 (2)  Every covenant, condition or term in any hire-purchase

agreement or other document purporting to exclude, limit or

modify the operation of subsection (1) or to preclude any right of

action or any defence based on or arising out of any such

representation, warranty or statement shall be void.

 (3)  Without prejudice to any other rights or remedies to which

an owner may be entitled, an owner shall be entitled to be

indemnified by the person who made the representation, warranty

or statement, and by any person on whose behalf the

representation, warranty or statement was made against any

damage suffered by the owner as a result of any such

representation, warranty or statement.

26                                       Laws of Malaysia                          ACT 212

PART IV

HIRERS

Statutory rights of hirers

Duty of owners and sellers to supply documents and information

9.  (1)  At any time before the final payment has been made under a

hire-purchase agreement the owner shall, within fourteen days after

he has received a request in writing from the hirer, supply to the hirer

a statement signed by the said person or his agent showing—

(a)  the amount paid to the owner by or on behalf of the

hirer;

(b) the amount which has become due under the agreement

but remains unpaid;

(c)  the amount which is to become payable under the

agreement; and

(d)  the amount derived from interest on overdue

instalments:

 Provided that an owner need not comply with such a request if he

has sent the hirer a statement under this section within a period of

three months immediately preceding the receipt of the request.

 (2)  In the event of a failure without reasonable cause to comply

with subsection (1) then, while the default continues—

(a)  the owner shall not be entitled to enforce—

(i)  the agreement against the hirer;

(ii)  any right to recover the goods from the hirer;

(iii)  any contract of guarantee relating to the

agreement;

Hire-Purchase                                         27

(b)  any security given by the hirer in respect of money

payable under the agreement or given by a guarantor in

respect of money payable under such a contract of

guarantee as aforesaid shall not be enforceable against

the hirer or the guarantor by any holder thereof.

 (3)  If the default aforesaid continues for a period of one month, the

owner shall be guilty of an offence and shall, on conviction, be liable

to a fine not exceeding one thousand ringgit.

Appropriation of payments made in hire-purchase agreements

10.  A hirer who is liable to make payments in respect of two or more

hire-purchase agreements to the same owner shall, notwithstanding

any agreement to the contrary, be entitled, on making any payment in

respect of the agreements which is not sufficient to discharge the total

amount then due under all the agreements, to require the owner to

appropriate the sum so paid by him in or towards the satisfaction of

the sum due under anyone of the agreements, or in or towards the

satisfaction of the sums due under any two or more of the agreements

in such proportions as he thinks fit, and, if he fails to make any such

appropriation as aforesaid, the payment shall by virtue of this section

be appropriated towards the satisfaction of the sums due under the

respective hire-purchase agreements in the order in which the

agreements were entered into.

Power of court to allow goods to be removed

11. Where, by virtue of a hire-purchase agreement, it is the duty of a

hirer to keep the goods comprised in the agreement in his possession

or control at a particular place or not to remove the goods from a

particular place, a court of a Magistrate may, on the application of the

hirer, make an order approving the removal of the goods to some

other place, which place shall, for the purposes of the agreement, be

substituted for the place mentioned in the agreement.

28                                       Laws of Malaysia                          ACT 212

Assignments of rights under hire-purchase agreement

12.  (1)  The right, title and interest of a hirer under a hire-purchase

agreement may be assigned with the consent of the owner, or if his

consent is unreasonably withheld, without his consent.

 (2)  Except as otherwise provided in this section, no payment or

other consideration shall be required by an owner for his consent to

such an assignment as is mentioned in subsection (1) and where an

owner requires any such payment or other consideration for his

consent, that consent shall be deemed to be unreasonably withheld.

 (3)  Where, at the request of a hirer under a hire-purchase

agreement, the owner fails or refuses to give his consent to an

assignment by the hirer or his right, title and interest under the

agreement, the hirer may apply to the High Court for an order

declaring that the consent of the owner to that assignment has

unreasonably been withheld, and where such an order is made that

consent shall be deemed to be unreasonably withheld.

 (4)  As a condition of granting consent to an assignment of the

right, title and interest of the hirer under a hire-purchase agreement,

the owner may stipulate that all defaults under the agreement shall be

made good and may require the hirer and assignee—

(a)  to execute and deliver to the owner an assignment in a

form approved by the owner whereby without

prejudicing or affecting the continuing personal liability

of the hirer in those respects the assignee agrees with the

owner to be personally liable to pay the instalments

remaining unpaid and to perform and observe all other

stipulations and conditions of the hire-purchase

agreement during the residue of the term thereof and

whereby the assignee indemnifies the hirer in respect of

those liabilities; and

(b)  to pay the reasonable costs (if any) incurred by the

owner in stamping or registering the assignment

agreement or counterparts.

Hire-Purchase                                         29

(5)  The refusal on the part of the owner to give consent to an

assignment as is mentioned in subsection (1) on the ground that he

requires other or additional guarantors to guarantee the assignee’s

obligation shall be deemed unreasonable—

(a)  where the same guarantors who have guaranteed the

hirer’s obligation under the hire-purchase agreement

have agreed to guarantee the assignee’s obligation under

that agreement; or

(b)  where the assignee has furnished the same number of

guarantors as was furnished by the hirer to guarantee his

obligation under the hire-purchase agreement as

guarantors for his obligation under the agreement.

Operation of law

13.  The right, title and interest of a hirer under a hire-purchase

agreement shall be capable of passing by operation of law to the

personal representative of the hirer and if the hirer is a company the

liquidator may exercise the same right under the agreement as the

company but nothing in this section shall relieve any personal

representative or liquidator from compliance with the provisions of

the agreement.

Early completion of agreement

14.  (1)  The hirer under a hire-purchase agreement may, if he has

given notice in writing to the owner of his intention to do so, on or

before the day specified for that purpose in the notice, complete the

purchase of the goods by paying or tendering to the owner the net

balance due under the agreement.

 (2)  For the purposes of subsection (1)—

(a)  where in the hire-purchase agreement the terms charges

are at a fixed rate, the net balance due is the balance

originally payable under the agreement less—

30                                       Laws of Malaysia                          ACT 212

(i) any amounts (other than the deposit) paid or

provided by or on behalf of the hirer under the

agreement;

 (ii) the statutory rebate for terms charges; and

  (iii) if the hirer requires any contract of insurance to

be cancelled, the statutory rebate for insurance;

or

(b)  where in the hire-purchase agreement the terms charges

are at a variable rate, the net balance due is the

outstanding amount financed and terms charges accrued

and calculated up to the next due date of payment less, if

the hirer requires any contract of insurance to be

cancelled, the statutory rebate for insurance.

(c)  if the hirer requires any contract of insurance to be

cancelled, the statutory rebate for insurance.

 (3)  The rights conferred on the hirer by this section may be

exercised by him—

(a) at any time during the continuance of the agreement; or

(b) where the owner has taken possession of the goods,

upon payment to the owner (within twenty-one days

after the owner has served a notice in the form set out in

the Fifth Schedule) in addition to the net balance due

together with the reasonable costs including costs (if

any) of storage, repair or maintenance of the goods

incurred by the owner incidental to his taking possession

of the goods; or

(c) where the hirer has returned the goods to the owner

within twenty-one days after the service on him of the

notice in the form set out in the Fourth Schedule, upon

payment to the owner (within twenty-one days after the

owner has served a notice in the form set out in the Fifth

Schedule) the net balance due under the Act.

Hire-Purchase                                         31

Power of hirer to determine hiring

15.  (1)  The hirer of any goods comprised in a hire-purchase

agreement may terminate the agreement by returning the goods to the

owner during ordinary business hours at the place at which the owner

ordinarily carries on business or to the place specified for that

purpose in the agreement.

 (2)  Where the nature of the goods comprised in a hire-purchase

agreement or the facilities available at the place or places of business

of the owner or the place specified in the agreement is or are such

that it would be impracticable to return the goods to such a place, the

hirer may terminate the agreement by returning the goods to any

place agreed to by the parties to the agreement.

 (3)  Where the parties fail to agree, the hirer who proposes to

return goods to the owner under this section may, subject to

subsection(4), apply to a court of a Magistrate for an order fixing the

place to which the goods may be returned, and the court—

(a)  shall fix the place that is in its opinion reasonable

having regard to all the circumstances surrounding the

transaction;

(b)  may order that, subject to the goods being returned to

the owner, the agreement shall be determined on such

date as is specified in the order, not being the date

before the hirer required the owner to nominate a

reasonable place for the return of the goods.

 (4)  Notice of an application under subsection (3) shall be given to

the owner by the hirer.

 (5)  Where a hire-purchase agreement is determined pursuant to

this section—

(a)  the hirer may require the owner to sell the goods to any

person introduced by the hirer who is prepared to buy

the goods for cash at a price agreeable to the owner;

32                                       Laws of Malaysia                          ACT 212

(b)  where the value of the goods at the time when it is

returned to the owner is more than the balance

outstanding under the hire-purchase agreement, the hirer

is entitled to the difference which is recoverable as a

debt due;

(c)  where the value of the goods at the time when it is

returned to the owner is less than the balance

outstanding under the hire-purchase agreement, the

owner is entitled to the difference which is recoverable

as a debt due.

 (6)  For the purposes of this section—

(a)  “balance outstanding under the hire-purchase

agreement” means—

(i)  where in the hire-purchase agreement the terms

charges are at a fixed rate, the total sum payable

by the hirer to complete the purchase of goods to

which the agreement relates and the amount

derived from interest on overdue instalments

which has yet to be paid less—

(a)  the amount paid by or on behalf of the

hirer excluding deposit;

(b)  statutory rebate for terms charges; and

(c)  statutory rebate for insurance, if any; or

(ii)  where in the hire-purchase agreement the terms

charges are at a variable rate, the outstanding

amount financed and terms charges accrued and

calculated up to the next due date of payment

less statutory rebate for insurance, if any;

(b)  “value of the goods at the time when it is returned to the

owner” means—

Hire-Purchase                                         33

(i) the best price that could reasonably be obtained

by the owner; or

  (ii)  if the hirer had introduced a person who had

bought the goods for cash, the amount paid by

that person.

Repossession

Notices to be given to hirer when goods repossessed

16.  (1)  Subject to this section, an owner shall not exercise any

power of taking possession of goods comprised in a hire-purchase

agreement arising out of any breach of the agreement relating to the

payment of instalments unless the payment of instalments amounts

to not more than seventy-five percent of the total cash price of the

goods comprised in the hire-purchase agreement and there had been

two successive defaults of payment by the hirer and he has served on

the hirer a notice, in writing, in the form set out in the Fourth

Schedule and the period fixed by the notice has expired, which shall

not be less than twenty-one days after the service of the notice.

 (1A)  Notwithstanding subsection (1), if the payment of instalments

made amounts to more than seventy-five percent of the total cash

price of the goods comprised in a hire-purchase agreement and there

had been two successive defaults of payment by the hirer, an owner

shall not exercise any power of taking possession of the goods

comprised in the hire-purchase agreement arising out of any breach

of the agreement relating to the payment of instalments unless he has

obtained an order of the court to that effect.

 (1B)  Where an owner has obtained an order of the court under

subsection (1A) and he has served on the hirer a notice, in writing, in

the form set out in the Fourth Schedule and the period fixed by the

notice has expired, which shall not be less than twenty-one days after

the service of the notice, the owner may exercise the power of taking

possession of goods referred to in subsection (1A).

34                                       Laws of Malaysia                          ACT 212

 (1C) Where a hirer is deceased, an owner shall not exercise any

power of taking possession of goods comprised in a hire-purchase

agreement arising out of any breach of the agreement relating to the

payment of instalments unless there has been four successive defaults

of payments.

 (2)  An owner need not comply with subsection (1) if there are

reasonable grounds for believing that the goods comprised in the

hire-purchase agreement will be removed or concealed by the hirer

contrary to the provisions of the agreement, but the onus of proving

the existence of those grounds lies upon the owner.

 (3)  Within twenty-one days after the owner has taken possession

of goods that were comprised in a hire-purchase agreement he shall

serve on the hirer and every guarantor of the hirer a notice, in writing,

in the form set out in the Fifth Schedule.

 (4)  Where the owner takes possession of goods that were

comprised in a hire-purchase agreement he shall deliver or cause to

be delivered to the hirer personally a document acknowledging

receipt of the goods or, if the hirer is not present at that time, send to

the hirer immediately after taking possession of the goods a

document acknowledging receipt of the goods.

 (5)  The document acknowledging receipt of the goods, required

under subsection (4) shall set out a short description of the goods and

the date on which, the time at which and the place where the owner

took possession of the goods.

 (6)  If the notice required by subsection (3) is not served, the

rights of the owner under the hire-purchase agreement thereupon

cease and determine; but if the hirer exercises his rights under this

Act to recover the goods so taken possession of, the agreement has

the same force and effect in relation to the rights and liabilities of the

owner and the hirer as it would have had if the notice had been duly

given.

 (7)  Before and when exercising the power of taking possession

the owner or his servant or agent shall, in addition to the provisions

Hire-Purchase                                         35

of this Act, comply with any regulations relating to the manner of

taking possession as may be prescribed.

Hirer who returns goods not liable to pay cost of repossession,

etc.

16A.  A hirer who returns goods comprised in a hire-purchase

agreement within twenty-one days after the service on him of the

notice in the form set out in the Fourth Schedule shall not be liable to

pay—

(a)  the cost of repossession;

(b)  the cost incidental to taking possession; and

(c)  the cost of storage.

Owner to retain possession of goods repossessed for twenty-one

days

17.  (1)  Where an owner has taken possession of any goods under

section 16 he shall not, without the written consent of the hirer, sell

or dispose of the goods or part with possession thereof until after the

expiration of twenty-one days after the date of the service on the hirer

of the notice referred to in subsection 16(3) or, if notice under

paragraph 18(1)(a) has been given, until the time for payment or

tender pursuant to that notice has expired (whichever is the later).

 (2)  An owner who sells or disposes of any goods or parts with

possession of any goods in contravention of subsection (1) shall be

guilty of an offence under this Act.

Permits for repossession

17A.  (1)  No person shall undertake repossession of goods

comprised in a hire-purchase agreement without a written permit

issued by the Controller.

36                                       Laws of Malaysia                          ACT 212

 (2)  Any person who contravenes subsection (1) shall be guilty of

an offence under this Act.

Offence to appoint non-permit holder

17B.  (1)  An owner shall appoint as his agent to undertake the

repossession of goods comprised in a hire-purchase agreement a

person who is a permit holder under subsection 17A(1).

 (2)  An owner who contravenes subsection (1) shall be guilty of

an offence under this Act.

Hirer’s rights and immunities when goods repossessed

18.  (1)  Where the owner takes possession of any goods under

section 16—

 (a)  the hirer may within twenty-one days after the service

on him of the notice referred to in subsection 16(3) by

giving to the owner a notice in writing signed by the

hirer or his agent—

(i) require the owner to re-deliver to or to the order

of the hirer (subject to the compliance by the

hirer with the provisions of section 19) the goods

that have been repossessed; or

  (ii) require the owner to sell the goods to any person

introduced by the hirer who is prepared to buy

the goods for cash at a price not less than the

estimated value of the goods set out in the first

mentioned notice;

(b)  the hirer may recover from the owner—

(i)  where in the hire-purchase agreement the terms

charges are at a fixed rate, if the value of the

Hire-Purchase                                         37

goods at the time of the owner so taking

possession of the goods—

(A) is less than the net amount payable but

the total of that value and the amount

paid or provided, whether by cash or

other consideration, by or on behalf of

the hirer under the agreement exceeds the

net amount payable, the difference

between that total and the net

 amount payable; or

(B) is equal to or greater than the net amount

payable, the total of that value and the

amount paid or provided, whether by

cash or other consideration, by or on

behalf of the hirer under the agreement,

less the net amount payable; or

 (ii)  where in the hire-purchase agreement the terms

charges are at a variable rate and the value of the

goods at the time of the owner so taking

possession of the goods is equal to or greater

than the balance outstanding under the hire-

purchase agreement, the difference between the

value of the goods and the balance outstanding

under the hire-purchase agreement.

 (2)  Where the owner takes possession of any goods comprised in

a hire-purchase agreement, the owner is not entitled to recover—

(a)  where in the hire-purchase agreement the terms charges

are at a fixed rate, any sum (whether under a judgment

or order or otherwise) exceeding the net amount payable

in respect of the goods obtained by adding—

(i)  the value of the goods at the time of the owner so

taking possession of the goods; and

38                                       Laws of Malaysia                          ACT 212

(ii)  the amount paid or provided, whether by cash or

other consideration, by or on behalf of the hirer

under the agreement; or

(b)  where in the hire-purchase agreement the terms charges

are at a variable rate, any sum (whether under a

judgment or order or otherwise) which exceeds the

balance outstanding under the hire-purchase agreement.

 (3)  For the purposes of this section—

(a)  the net amount payable is the total amount payable less

the statutory rebates for terms charges and insurance as

at the time of the owner taking possession of the goods;

(aa) the balance outstanding under the hire-purchase

agreement is the outstanding amount financed and terms

charges accrued and calculated up to the time of the

owner so taking possession of the goods less the

statutory rebate or insurance; and

(b) the value of any goods at the time of the owner taking

possession thereof is—

(i)  the best price that could be reasonably obtained

by the owner; or

(ii)  if the hirer has introduced a person who has

bought the goods for cash, the amount paid by

that person,

 less—

(iii)  the reasonable costs incurred by the owner of

and incidental to his taking possession of the

goods;

(iv)  any amount properly expended by the owner on

the storage, repair, or maintenance of the goods;

and

Hire-Purchase                                         39

(v)  (whether or not the goods have subsequently

been sold or disposed of by the owner) the

reasonable expenses of selling or otherwise

disposing of the goods.

 (4)  Where an owner takes possession of any goods comprised in a

hire-purchase agreement and intends to sell them—

(a)  by public auction, he shall be required to serve or cause

to be served on the hirer a copy of the notice of such

public auction not less than fourteen days from the date

the said auction is to be held; or

(b)  otherwise than by public auction, he shall be required to

give the hirer an option to purchase the goods at the

price at which he intended to sell them if that price is

less than the owner’s estimate of the value of the goods

repossessed as stated in the notice referred to in

subsection 16(3),

and if he fails to comply with such requirement he shall be guilty of

an offence under this Act.

 (5)  No amount is recoverable by the hirer under this section

except where the owner has failed to serve on the hirer notice as

required by subsection 16(3) unless—

(a)  the hirer, within twenty-one days after the owner has

served a notice as required by subsection 16(3), gives to

the owner notice in writing—

(i)  setting out the amount claimed under the

provisions of this section and the amount that is

claimed by the hirer to be the value of the goods

at the time of the owner taking possession

thereof; and

(ii)  signed by the hirer or his advocate and solicitor

or agent; and

40                                       Laws of Malaysia                          ACT 212

(b)  proceedings for the recovery of the amount so claimed

under the provisions of this section are commenced not

later than three months after the giving by the hirer to

the owner of the notice referred to in paragraph (a).

 (6)  If, before the proceedings referred to in subsection (5) are

commenced by the hirer, the owner serves an offer in writing on the

hirer to pay any amount in satisfaction of the claim by the hirer under

this section, the owner, in the proceedings, is entitled to pay into

court the amount so offered and, upon so doing, is entitled to the

same rights as he would have had if that amount had been tendered to

the hirer before the proceedings were commenced:

 Provided that no such right shall be available to the owner in any

proceedings by the hirer to recover the amount so offered or any

lesser amount if the hirer, before commencing the proceedings,

notifies the owner in writing of the acceptance by the hirer of the

amount so offered.

Power of hirer to regain possession of goods in certain

circumstances

19.  (1)  If, within twenty-one days after giving notice to the owner

pursuant to paragraph 18(1)(a), the hirer—

(a)  pays or tenders to the owner any amount due by the

hirer under the hire-purchase agreement in respect of the

period of hiring up to the date of the payment or tender

(and for the purposes of this paragraph the hiring shall

be deemed to have continued up to that date);

(b)  remedies any breach of the agreement or (where he is

unable to remedy the breach by reason of the fact that

the owner has taken possession of the goods) pays or

tenders to the owner the costs and expenses reasonably

and actually incurred by the owner in doing any act,

matter, or thing necessary to remedy the breach; and

Hire-Purchase                                         41

(c)  pays or tenders to the owner the reasonable costs and

expenses of the owner of and incidental to his taking

possession of the goods and of his returning them to the

hirer,

the owner shall forthwith return the goods to the hirer and the goods

shall be received and held by the hirer pursuant to the terms of the

hire-purchase agreement as if the breach had not occurred and the

owner had not taken possession thereof.

 (2)  Where goods are returned to the hirer pursuant to

subsection (1) and any breach of the hire-purchase agreement has

not been remedied, the owner has no right arising out of the breach to

take possession of the goods unless—

(a) by notice in writing given to the hirer at the time of the

return of the goods he specifies the breach and requires

it to be remedied; and

(b)  the hirer fails within twenty-one days or within the time

specified in the notice (whichever is the longer) after

receiving the notice to remedy the breach.

Power of court to vary existing judgments or orders when goods

are repossessed

20.  In any legal proceedings in relation to a hire-purchase

agreement, after the owner has taken possession of the goods, the

court before which the proceedings are brought may vary or

discharge any judgment or order of any court against the hirer for the

recovery of money so far as is necessary to give effect to section 18.

42                                       Laws of Malaysia                          ACT 212

PART V

GUARANTORS

Owner may require guarantors

20A.  An owner may require a hirer to furnish a guarantor or such

number of guarantors acceptable to the owner to guarantee the

performance of the hirer’s obligations under the hire-purchase

agreement.

Provisions as to guarantors

21.  (1)  Save as provided in this Act a guarantor is not, by reason of

the operation of this Act, discharged from liability under his

guarantee.

 (2)  The liability of a guarantor continues notwithstanding that the

owner has, pursuant to the provisions of a hire-purchase agreement,

taken possession of the goods comprised therein (and whether or not

the goods have been re-delivered to the hirer pursuant to this Act);

but nothing in this subsection operates to preserve the liability of a

guarantor where the owner and the hirer have entered into a new

agreement in respect of the goods comprised in any hire-purchase

agreement.

 (3)  No guarantor shall be liable to any further or other extent than

the hirer, the performance of whose obligations he has guaranteed;

but, nothing in this Act affects any agreement by the guarantor

binding him to the performance of any obligation that is not one of

the obligations imposed on the hirer under the hire-purchase

agreement in respect of which the guarantee is given.

 (4)  Where goods have been delivered to the hirer pursuant to a

hire-purchase agreement and the owner subsequently takes

possession thereof, any guarantor who has paid any moneys to the

owner in accordance with his guarantee has the like right in like

manner to recover those moneys as he would have had if he had been

the hirer of the goods, but for the purpose of calculating the amount

Hire-Purchase                                         43

received by the owner all moneys paid and the value of any other

consideration provided by or on behalf of the hirer shall be deemed to

have been paid or provided by the guarantor:

 Provided that no moneys shall be recovered by the guarantor in

excess of the moneys actually paid by him.

Guarantor not to be bound in certain cases

22.  Where a guarantor of the performance of the obligations of the

hirer under a hire-purchase agreement enters into an agreement

binding the guarantor—

(a)  to pay to the owner an aggregate sum which is larger

than the balance originally payable under the agreement;

or

(b)  to perform an obligation in respect of goods other than

the goods comprised in the hire-purchase agreement,

the agreement so entered shall be void unless the agreement is

executed by the guarantor in the presence of a Magistrate, a

Commissioner for Oaths or a Notary Public.

Rights of guarantor against owner

23.  (1)  The guarantor under this Part may at any time secure his

discharge by paying the amount due to the owner from the hirer.

 (2)  Upon such payment being made he is entitled to—

(a)  sue the hirer in the name of the owner for any breach of

the hirer’s obligations under the hire-purchase

agreement subject to providing the owner with a suitable

indemnity for costs or sue in his own name if he takes a

legal assignment of the hire-purchase debt;

44                                       Laws of Malaysia                          ACT 212

(b)  insist upon the transfer to himself of all securities taken

by the owner from the hirer to secure performance of the

hirer’s obligations.

 (3)  The guarantor is entitled in the event of any claim being made

against him by the owner on the guarantee to avail himself of any set-

off or counter-claim which the hirer may possess against the owner.

Rights of guarantor against hirer

24.  (1)  The guarantor is entitled to be indemnified by the hirer

against any claim made by the owner on the guarantee.

 (2)  The guarantor is entitled to compel the hirer to pay the

instalments in respect of the hire-purchase agreement as and when

they fall due; and for this purpose he may apply to a court of a

Magistrate for an order to that effect.

Guarantor not to seize

25.  Nothing in this Part shall entitle the guarantor to exercise a

licence to seize conferred on the owner by the hire-purchase

agreement except where the agreement expressly provides that such

licence shall be assignable.

PART VI

INSURANCE

Insurance of goods comprised in hire-purchase agreements

26.  (1)  An owner shall cause to be insured in the name of the

hirer—

(a)  motor vehicles comprised in a hire-purchase agreement,

for the first year only; and

Hire-Purchase                                         45

(b)  all other goods comprised in a hire-purchase agreement,

for the duration of time that the goods remain under

hire-purchase,

against any risks that he thinks fit.

 (2)  Where the goods comprised in a hire-purchase agreement is a

motor vehicle, it shall be the duty of the hirer to cause the said

vehicle to be insured in respect of the second and all subsequent years

that the motor vehicle remains under hire-purchase.

 (3)  An owner shall not require a hirer to insure any risks with any

particular registered insurer.

 (4)  An owner who fails to comply with subsection (1) and a hirer

who fails to comply with subsection (2) shall be guilty of an offence

under this Act.

 (5)  A hirer shall, not less than fourteen days before the date of

expiry of a policy of insurance in respect of a motor vehicle, inform

the owner that he has renewed the said policy or that he has caused a

fresh policy of insurance to be issued.

 (6)  Where the hirer has failed to renew the policy of insurance or

to cause a fresh policy to be issued, the owner shall be at liberty to

cause the motor vehicle to be insured and any costs thereby incurred

shall be borne by the hirer.

 (7)  All amounts payable in respect of insurance, excluding such

amounts payable in respect of the insurance of motor vehicles for the

second and subsequent years, shall form part of the hire-purchase

price.

 (8)  Where in respect of the insurance of goods comprised in a

hire-purchase agreement, the insurer allows any commission or rebate

including a no-claim rebate or any other rebate of a similar nature (as

distinct from legitimate agency commission) to an owner who is also

a bona fide agent of an insurer and who arranges the insurance on

behalf of the hirer, the hirer under the hire-purchase agreement is

entitled to the benefit of the commission and the rebate and any

46                                       Laws of Malaysia                          ACT 212

person who knowingly pays or allows any such commission or rebate

to an owner and any owner who receives such commission or rebate

shall be guilty of an offence under this Act.

Powers of court in relation to insurance contracts associated with

hire-purchase agreements

27.  (1)  In any proceedings taken in any court in respect of any

difference or dispute arising out of a contract of insurance if it

appears to the court that a failure by the insured or the hirer under the

hire-purchase agreement concerned to observe or perform a term or

condition of the contract of insurance may reasonably be excused on

the ground that the insurer was not prejudiced by the failure, the court

may, unless an order excusing the failure has already been made

under subsection (2), order that the failure be excused.

 (2)  Where a difference or dispute has arisen out of a contract of

insurance, the insured or the hirer under the hire-purchase agreement

concerned or any guarantor in respect of that agreement may, unless

an order excusing the failure concerned has already been made under

subsection (1), apply to the court for an order that the failure to

observe or perform a term or condition of the contract of insurance be

excused; and if it appears to the court that the failure may reasonably

be excused on the ground that the insurer was not prejudiced by the

failure, the court may order that the failure be excused.

 (3)  Where an order of the nature referred to in subsections (1)

and (2) has been made the rights and liabilities of all persons in

respect of the contract of insurance concerned shall be

determined as if the failure the subject of the order had not

occurred.

Contents of contracts of insurance

28.  (1)  Every copy of a policy of insurance (not being a policy of

third party insurance), and every statement, served upon a hirer

pursuant to section 4 shall—

Hire-Purchase                                         47

(a)  identify the goods or the part of the goods to be insured;

and

(b)  contain a statement of the amount and period for which

the goods are insured or are to be insured; and

(c)  if the amount for which the goods are or are to be

insured will vary during the period of the agreement,

contain a statement showing the varying amounts.

 (2)  Subject to subsection (3) any provision in any agreement,

policy of insurance or other document—

(a)  requiring differences or disputes arising out of a contract

of insurance to be referred to arbitration;

(b)  providing that no action or suit shall be maintainable

upon such a contract or against the insurer in respect of

any claim under, or difference or dispute arising out of,

such a contract unless the claim, difference, or dispute

has been referred to arbitration or an award pursuant to

arbitration proceedings has been first obtained;

(c)  providing that arbitration or an award pursuant to

arbitration proceedings is a condition precedent to any

right of action or suit upon such a contract; or

(d)  otherwise imposing by reference to arbitration or to an

award made in arbitration proceedings any limitation on

the right of person to bring or maintain any action or suit

upon such a contract,

shall not bind the hirer.

 (3)  Nothing in subsection (2) shall prevent the parties to a

contract of insurance from making an agreement, after a difference or

dispute has arisen out of the contract of insurance, to submit the

difference or dispute to arbitration.

48                                       Laws of Malaysia                          ACT 212

Application of Part VI

29.  The provisions of this Part shall have effect notwithstanding

anything to the contrary contained in any other written law.

PART VII

GENERAL

Limitation on terms charges

30.  (1)  The terms charges in relation to a hire-purchase agreement

shall not, when calculated as a rate per centum per annum in

accordance with the formula set out in the Sixth Schedule, exceed a

rate per annum as may be prescribed by any regulations made under

this Act in respect of any goods or class of goods.

 (2)  Where a hire-purchase agreement is entered into in

contravention of this section, the hirer may, by notice in writing to

the owner signed by the hirer or hirer’s agent, elect either to treat the

agreements as void or to have his liability reduced by the amount

included in the agreement for terms charges; and—

(a)  where the hirer elects to treat the hire-purchase

agreement as void, the agreement shall be void, and the

amount paid or provided, whether by cash or other

consideration, by or on behalf of the hirer under the

agreement shall be recoverable by action as a debt due

to him by the owner;

(b)  where the hirer elects to have his liability reduced by the

amount included in the agreement for terms charges, his

liability shall be reduced by that amount and that

amount may be set off by the hirer against the amount

that would otherwise be due under the agreement and, to

the extent to which it is not so set off, may be recovered

by action by the hirer as a debt due to him by the owner.

Hire-Purchase                                         49

Booking fee

30A.  (1)  No owner, dealer, agent or person acting on behalf of the

owner shall collect or accept a booking fee from an intending hirer

before the receipt of the duly completed form set out in Part II of the

Second Schedule by the hirer.

 (2)  The booking fee referred to in subsection (1) shall not exceed

one percent of the cash price of the goods comprised in a hire-

purchase agreement.

 (3)  Notwithstanding anything under this Act, the booking fee

shall form part of the deposit under section 31.

 (4)  An owner, dealer, agent or person acting on behalf of the

owner shall refund ninety percent of the booking fee to the intending

hirer upon the withdrawal of the booking of the goods comprised in a

hire-purchase agreement.

 (5)  Any person who contravenes this section shall be guilty of an

offence under this Act.

Minimum deposits

31.  (1)  Where the minimum amount of the deposit in respect of any

goods or class of goods is not prescribed, an owner who enters into a

hire-purchase agreement without having first obtained from the

proposed hirer thereunder a deposit in cash or in goods, or partly in

cash and partly in goods, to a value not less than one-tenth of the cash

price of the goods comprised in the agreement, shall be guilty of an

offence under this Act.

 (1A)  An owner shall collect the deposit upon the signing of the

hire-purchase agreement.

 (1B)  If any owner, dealer, agent or person acting on behalf of the

owner fails to deliver the goods intended for the hire-purchase

agreement to the intending hirer, the owner, dealer, agent or person

50                                       Laws of Malaysia                          ACT 212

acting on behalf of the owner shall refund the full amount of the

deposit to the intending hirer.

 (2)  In this section and in section 32 “hire-purchase agreement”

does not include any agreement or arrangement that is entered into

solely for the purpose of giving effect to an assignment or transfer of

the rights and liabilities under an existing hire-purchase agreement

from the hirer to another person.

 (3)  Any person who contravenes subsections (1A) and (1B) shall

be guilty of an offence under this Act.

Certain payments, etc., not to be treated as deposits for the

purposes of this Part

32.  (1)  No deposit—

(a) to the extent that it is in cash and that it is made out of

moneys borrowed directly or indirectly—

(i)  from or through the owner (if the owner is not a

banker);

  (ii)  from or through an agent or servant of the

owner; or

 (iii)  from or through any person whose business or

part of whose business it is, by agreement with

the owner or any person acting on behalf of the

owner, to advance money to enable deposits to

be paid in respect of hire-purchase agreements

with the owner;

(b)  to the extent that, where the deposit is in goods or partly

in goods and the amount allowed in respect of the goods

is substantially greater than the value of the goods, that

amount exceeds that value;

Hire-Purchase                                         51

(c)  to the extent that it is made out of an amount allowed or

credited in respect of, or by reference to, amounts paid

by the hirer as rent or hire under a bailment of the goods

before the making of a hire-purchase agreement in

respect of the goods; or

(d)  to the extent that it is provided by goods that were, to

the knowledge of the owner or dealer, acquired by the

hirer for the purpose of being used by the hirer to

provide the deposit under the agreement,

shall be taken into account for the purpose of determining whether

the provisions of section 31 have been complied with.

 (2)  The provisions of this Part shall be deemed to have been

complied with by the owner if a deposit in accordance with the

provisions of this Part has been obtained by the dealer or an agent or

employee of the owner.

 (3)  Any person who knowingly enters into, or procures, arranges,

or otherwise assists or participates in, a transaction contravening the

provisions of this section shall be guilty of an offence under this Act.

Power of court to reopen certain hire-purchase transactions

33.  (1)  In any proceedings under this Act or arising out of a hire-

purchase agreement, or instituted pursuant to subsection (4), where it

appears to the court that the transaction is harsh and unconscionable

or is otherwise such that it will be just to give relief the court may

reopen the transaction.

 (2)  The court reopening any transaction under this section may,

notwithstanding any statement or settlement of accounts or any

agreement purporting to close previous dealings and create a new

obligation—

(a)  reopen any account already taken between the parties;

52                                       Laws of Malaysia                          ACT 212

(b) relieve the hirer and any guarantor from payment of any

sum in excess of such sum in respect of the cash price,

terms charges, and other charges as the court adjudges to

be fairly and reasonably payable;

(c)  set aside either wholly or in part or revise or alter any

agreement made or security given in connection with the

transaction;

(d)  give judgment for any party for such amount as having

regard to the relief (if any) that the court thinks fit to

grant, is justly due to that party under the agreement;

and

(e)  if it thinks fit give judgment against any party for

delivery of the goods if they are in his possession.

 (3)  Where it appears to the court that any person other than the

owner has shared in the profits of or has any beneficial interest

prospectively or otherwise in the transaction that the court holds to be

harsh and unconscionable the court may add that person as a party to

the case and may give judgment against that person for such amount

as it thinks fit or for the delivery of the goods if they are in his

possession and the court may make such other order in respect of that

person as it thinks fit.

 (4)  Subject to subsection (5), proceedings may be instituted in a

court by the hirer or any guarantor under a hire-purchase agreement

for the purpose of obtaining relief under this section.

 (5)  A hirer or guarantor under a hire-purchase agreement is not

entitled to institute proceedings under this section—

(a)  in a case where the owner has taken possession of the

goods comprised in the agreement after the expiration of

a period of four months after the date on which the

owner serves on the hirer the notice required by

subsection16(3) to be served on him; or

Hire-Purchase                                         53

(b)  in any other case—after the expiration of a period of

four months from the time when the transaction is

closed.

 (6)  In any proceedings under this section the court has

and may exercise all or any of the powers conferred by

subsections (1), (2) and (3) notwithstanding that the time for

the payment of any of the amounts payable under the

agreement may not have arrived.

Avoidance of certain provisions

34.  Any provision in any hire-purchase agreement whereby—

(a)  any right conferred on the hirer by this Act to determine

a hire-purchase agreement is excluded or restricted;

(b)  the hirer is subject to any greater liability on the

determination, in any manner whatsoever, of the hire-

purchase agreement or of the bailment thereunder, than

the liability to which he would be subject if the hire-

purchase agreement were determined in accordance with

this Act;

(c)  the hirer is required to pay interest on any overdue

instalments at a rate exceeding eight per centum per

annum under hire-purchase agreement which provides

for terms charges at a fixed rate or, two per centum

above the prevailing rate of terms charges, under a hire-

purchase agreement which provides for terms charges at

a variable rate, simple interest calculated on a daily basis

or such other rate of interest as may be prescribed;

(d)  the owner is relieved from liability for the acts or

defaults of any person acting in connection with or in

the course of the negotiations leading to the entering

into the hire-purchase agreement;

54                                       Laws of Malaysia                          ACT 212

(e)  the owner or any person acting on his behalf is

authorized to enter upon any premises for the purpose of

taking possession of goods otherwise than in accordance

with the provisions of this Act comprised in the hire-

purchase agreement or is relieved from liability for any

such entry;

(f)  the operation of the hire-purchase agreement is

determined or modified or any person is authorized to

re-possess any goods comprised in a hire-purchase

agreement if the hirer becomes bankrupt or commits an

act of bankruptcy or executes a deed of assignment or a

deed of arrangement(whether all or any of those events

are named); or

 (g)  except as expressly provided by this Act, the operation

of any provision of this Act is excluded, modified, or

restricted,

shall be void and of no effect.

Provisions relating to securities collateral to hire-purchase

agreements

35.  Where—

(a)  a bill of exchange or promissory note has been given by

a hirer or guarantor under a hire-purchase agreement to

the owner in respect of an amount payable under the

agreement; and

(b)  the payment in due course of the bill of exchange or

promissory note would, by virtue of the operation of any

provision of this Act or otherwise, result in payment of

an amount in excess of the liability of the hirer under the

agreement,

the owner is liable to indemnify the hirer or guarantor, as the case

may be, in respect of the amount of the excess.

Hire-Purchase                                         55

False statement by dealers, etc., in proposals

36.  Where—

(a)  a dealer, an agent or a person on behalf of an owner

prepares or causes to be prepared a hire-purchase

agreement or offer in writing that, if accepted, will

constitute a hire-purchase agreement with the intention

of bringing about a contractual relationship between an

owner and a hirer; and

(b)  the agreement or offer contains to the knowledge of the

dealer, agent or person acting on behalf of the owner, as

the case may be, a false statement or representation that

is false in any material particular,

the dealer, agent or person acting on behalf of the owner shall be

guilty of an offence under this Act and shall, on conviction, be liable

to a fine not exceeding ten thousand ringgit or to imprisonment for a

term not exceeding twelve months or to both.

Prohibition against collection of payment other than those in the

Second Schedule

36A.  Any owner, dealer, agent or person acting on behalf of the

owner who collects any payment in respect of a hire-purchase

agreement other than a payment listed in the Second Schedule or a

payment permitted under this Act shall be guilty of an offence under

this Act.

Prohibition against collection of payment by persons other than

owners, dealers, agents, etc.

36B.  Any person not being an owner, dealer, agent or person acting

on behalf of the owner who collects any payment from a hirer in

respect of a hire-purchase agreement shall be guilty of an offence

under this Act.

56                                       Laws of Malaysia                          ACT 212

Issue of receipt in respect of payments

36C.   (1)  An owner, dealer, agent or person acting on behalf of the

owner who collects any payment in respect of a hire-purchase

agreement shall issue a receipt to the hirer in respect of every such

payment collected.

 (2)  Any person who contravenes the provisions of subsection (1)

shall be guilty of an offence under this Act.

Owner to inform hirer where dealer, etc., has ceased to be

authorized to collect payment

36D.  Where it is within the knowledge of the owner that any dealer,

agent or person acting on behalf of the owner to collect any payment

in respect of a hire-purchase agreement has ceased to be a dealer or

agent or person authorized to act on his behalf, it shall be the duty of

the owner to inform every hirer from whom such dealer, agent or

person ordinarily collects payment that the dealer, agent or person has

ceased to be authorized to so act and that no further payments should

be made to such dealer, agent or person.

Hirer may be required to state where goods are

37.  (1)  The owner of any goods comprised in a hire-purchase

agreement may, at any time by notice in writing served on the hirer

thereof, require him to state in writing where the goods are, or if the

goods are not in his possession, to whom he delivered the goods or

the circumstances under which he lost possession of them, and any

hirer who does not within fourteen days after the receipt of such a

notice give to the owner such a statement or who gives a statement

containing any information that is to the knowledge of the hirer false

shall be guilty of an offence under this Act.

 (2)  Where—

(a)  a hirer removes the goods comprised in a hire-purchase

agreement from the address specified; or

Hire-Purchase                                         57

(b)  goods comprised in a hire-purchase agreement are lost

or are removed from or are taken out of the hirer’s

possession,

the hirer shall inform the owner in writing or state in the presence of

the owner—

(i)  the new address where the goods are kept; or

  (ii)  the date and circumstances in which the goods

were lost; or

 (iii)  the date and circumstances in which the goods

were removed or taken out of his possession,

and any hirer who does not within fourteen days of the removal or

loss comply with the provisions of this subsection shall be guilty of

an offence under this Act.

Fraudulent sale or disposal of goods by hirer

38.  Every person who, by the disposal or sale of any goods

comprised in a hire-purchase agreement, or by the removal of the

goods, or by any other means, defrauds or attempts to defraud the

owner shall be guilty of an offence under this Act and shall, on

conviction, be liable to a fine not exceeding thirty thousand ringgit or

to imprisonment for a term not exceeding three years or to both.

Certain alterations, etc., of hire-purchase agreement to be of no

effect

39.  Any alteration of, or matter added to, a hire-purchase

agreement or any written document that contains the terms and

conditions of the agreement after the document was signed, if the

alteration is an alteration of any of the matters set out in the

written statement or statements required to be served on the hirer

pursuant to paragraphs 4(1)(a) and (b) before the hire-purchase

agreement was entered into, shall have no force or effect unless

58                                       Laws of Malaysia                          ACT 212

the hirer or his agent has consented to the alteration or the

additional matter by signing or initialing the agreement or the

written document in the margin thereof opposite the alteration or

additional matter or, the hirer or his agent has consented to the

alteration or the additional matter by signing an agreement

supplemental to the hire-purchase agreement.

Second-hand goods

40.  Where goods comprised in a hire-purchase agreement are, at the

time when the agreement is entered into, second-hand goods then

unless—

(a) the goods are described in the agreement as second-hand

goods; or

(b) in any proceedings taken by the owner to enforce the

agreement, the court is satisfied that—

(i)  the hirer was aware at the time when he or his

agent signed the agreement that goods comprised

or to be comprised therein were second-hand

goods; or

(ii)  the owner was not aware at the time when the

agreement was entered into that the goods

comprised therein were second-hand goods,

the liability of the hirer thereunder shall be reduced by the amount

included in the agreement for terms charges. The amount may be set

off by the hirer against the amount that would otherwise be due or

become due to the owner under the agreement and, to the extent to

which it is not so set off may be recovered by the hirer from the

owner as a civil debt.

Hire-Purchase                                         59

Power of court to extend time

41.  Any time prescribed by this Act for the service or giving of any

notice or other document or for the commencement of proceedings

may, on an application made to a court of a Magistrate (either before

or after the expiration of that time but after notice to the other party to

the hire-purchase agreement), be extended by such court for such

further period, and upon such conditions, as the court thinks fit.

Power of court to order delivery of goods unlawfully detained

42.  (1)  Upon complaint made to a court of a Magistrate by an

owner who is entitled to take possession of any goods comprised in a

hire-purchase agreement or by any person acting on behalf of an

owner that the hirer or any person in possession of the goods has

refused or failed to deliver up possession of the goods on the service

of a notice of demand made by the owner or by an agent of the owner

authorized in that behalf, the Magistrate may summon the person

complained of to appear before the court and if it appears to the court

hearing the case that the goods are being detained without just cause,

the court may order the goods to be delivered up to the owner at or

before a time, and at a place, to be specified in the order.

 (2)  Any person who neglects or refuses to comply with any order

made under this section shall be guilty of an offence under this Act.

Service of notices

43.  Any notice or document required or authorized to be served on

or given or sent to an owner or hirer under this Act may be served or

given or sent—

(a)  by delivering it to him personally; or

(b)  (Deleted by Act A813);

(c)  by posting it by registered post addressed to him at his

last known place of abode or business.

60                                       Laws of Malaysia                          ACT 212

Substituted service

43A.  (1)  Where it appears that it is impracticable for any reason to

serve a notice or document required or authorized to be served on or

given or sent to an owner or hirer in accordance with section 43, a

court of a Magistrate may, on application by an owner or hirer, as the

case may be, make an order for substituted service of the notice or

document.

 (2)  An application for an order for substituted service must be

made by notice supported by an affidavit stating the facts on which

the application is founded.

 (3)  Substituted service of the notice or document is effected by

taking such steps as the court may direct to bring the notice or

document to the attention of the person to be served.

Proof of service

44.  The affidavit or oral evidence of an owner or his servant or

agent, or a hirer, as to the delivery, posting or service of any notice or

document required or authorized to be served, given or sent under

this Act is admissible as prima facie proof of the service, giving or

sending of the notice or document.

Size, type, etc., required in certain documents

45.  (1)  Any prescribed document or part thereof—

(a)  not being the signature or initials of any person, that is

in handwriting that is not clear and legible;

(b)  that is printed in type of a size smaller than the type

known as ten-point Times; or

(c) that is not printed in black,

shall, for the purposes of this Act, be deemed not to be in writing.

Hire-Purchase                                         61

(2)  In this section “prescribed document” means—

(a)  any hire-purchase agreement;

(b) any statement under subsection 4(1);

(c)  any copy of an agreement, notice or statement required

by section 5 to be served on a hirer;

(d) any statement required by subsection 9(1) to be sent to a

hirer; and

(e)  any notice under subsection 16(1) or (3).

(3)  Where, by virtue of this section, a prescribed document or

part of a prescribed document is, for the purposes of this Act, deemed

not to be in writing, then, except as is otherwise in this Act expressly

provided, the validity or effect of the prescribed document is not

affected.

Nothing in this subsection affects the liability of any person to be

convicted of an offence under this Act.

Penalty

46.  (1)  Any person who is guilty of an offence under this Act or

any regulations made thereunder for which no penalty is expressly

provided shall, on conviction, be liable—

 (a)  if such person is a body corporate, to a fine not

exceeding one hundred thousand ringgit, and for a

second or subsequent offence, to a fine not exceeding

two hundred and fifty thousand ringgit;

(b)  if such person is not a body corporate, to a fine not

exceeding twenty-five thousand ringgit or to

imprisonment for a term not exceeding three years or to

both, and for a second or subsequent offence, to a fine

62                                       Laws of Malaysia                          ACT 212

not exceeding fifty thousand ringgit or to imprisonment

for a term not exceeding five years or to both.

 (2)  Where a person, being a director, manager or an officer

concerned in the management of the body corporate or was

purporting to act in such capacity, is guilty, by virtue of section 47, of

an offence under this Act or any regulations made thereunder for

which no penalty is expressly provided, he shall be liable to the

penalty provided for under paragraph (1)(b).

Liability of responsible officers of company

47.  Where any offence under this Act has been committed by

anybody corporate (whether or not the body corporate has been

prosecuted) any person who at the time of the commission of the

offence was a director, manager or an officer concerned in the

management of the body corporate or was purporting to act in such

capacity shall be deemed to be guilty of that offence unless he proves

that the offence was committed without his consent or connivance

and that he exercised all such diligence to prevent the commission of

the offence as he ought to have exercised having regard to the nature

of his functions in that capacity and to all the circumstances of the

case.

Principal criminally liable for acts of servant or agent

48.  Where the agent or servant of a person commits an offence, or

does anything or omits to do anything (which if done or omitted to be

done by that person would constitute an offence under this Act) that

person shall notwithstanding that he has no knowledge of the offence

be deemed guilty of the offence and be liable to punishment for the

offence unless he proves that—

(a)  the act or omission complained of was not within the

ordinary scope of the employment of the agent or

servant; or

Hire-Purchase                                         63

(b) the act or omission complained of was done or omitted

to be done without his consent or connivance and that he

exercised all such diligence to prevent the commission

as he ought to have exercised having regard to all the

circumstances of the case.

PART VIII

POWERS OF ENFORCEMENT

Declaration of office

49.  Every officer appointed under this Act when acting against any

person under this Act shall on demand declare his office and produce

to the person against whom he is acting such authority card as the

Controller may direct to be carried by such officer.

Power to enter premises and inspect and seize goods and

documents

50.  (1)  Any officer appointed under this Act may, at all reasonable

hours, exercise the following powers, that is to say—

(a)  if he has reasonable cause to suspect that an offence

under this Act has been committed, he may for the

purpose of ascertaining whether it has been committed,

enter any premises other than premises used only as a

dwelling and require any person carrying on a trade or

business or employed in connection with a trade or

business to supply him any information or to produce

any goods, document or computerized data relating to

the trade or business and he may take copies of, or

copies of any entry in, any such document or

computerized data;

(b)  he may seize and detain any goods, document or

computerized data which he has reason to believe may

64                                       Laws of Malaysia                          ACT 212

be required as evidence in proceedings for an offence

under this Act.

 (2)  Any officer appointed under this Act seizing any goods,

document or computerized data in the exercise of his powers under

this section shall, as soon as possible, supply a list of the goods,

documents or computerized data seized to the person from whom

they are seized.

 (3)  If a Magistrate, on sworn information in writing—

(a) is satisfied that there is reasonable ground to believe

either—

(i)  that any goods, document or computerized data

which any officer appointed under this Act has

power under this section to inspect are on any

premises and that their inspection is likely to

disclose evidence of the commission of an

offence under this Act; or

  (ii)  that any offence under this Act has been, is being

or is about to be committed on any premises; and

(b)  is also satisfied either—

(i)  that admission to the premises has been or is

likely to be refused and that notice of intention to

apply for a warrant under this subsection has

been given to the occupier; or

  (ii)  that an application for admission or the giving of

such a notice would defeat the object of the entry

or that the premises are unoccupied or that the

occupier is temporarily absent and it might

defeat the object of the entry to await his return,

the Magistrate may by warrant under his hand, which shall continue

in force for a period of one month, authorize any officer appointed

under this Act to enter the premises, if need be by force.

Hire-Purchase                                         65

 (4)  Any officer appointed under this Act entering any premises by

virtue of this section may take with him such other persons and such

equipment as may appear to him necessary; and on leaving any

premises which he has entered by virtue of the powers under

subsection (1) or a warrant under the preceding subsection he shall, if

the premises are unoccupied or the occupier is temporarily absent,

leave them as effectively secured against trespassers as he found

them.

Access to computerized data

50A.  (1)  An Assistant Controller conducting a search under this

Act shall be given access to computerized data whether stored in a

computer or otherwise.

 (2)  For the purpose of this section, “access”—

(a)  includes being provided with the necessary password,

encryption code, decryption code, software or hardware

and any other means required to enable comprehension

of such computerized data; and

(b)  has the same meaning assigned to it by subsections 2(2)

and (5) of the Computer Crimes Act 1997 [Act 563].

List of things seized

50B.  (1)  Where any goods, document or computerized data is seized

under this Part, the Assistant Controller shall, as soon as practicable,

prepare a list of the things seized and of the places in which they are

respectively found and deliver a copy of the list signed by him to the

occupier of the premises which has been searched, or to his agent or

servant, at the premises.

 (2)  Where the premises are unoccupied, the Assistant Controller

shall whenever possible post a list of the things seized conspicuously

on the premises.

66                                       Laws of Malaysia                          ACT 212

Obstruction of officers

51.  (1)  Any person who—

(a)  wilfully obstructs any officer appointed under this Act

acting in pursuance of this Act;

(b)  wilfully fails to comply with any requirement properly

made to him by such an officer under section 50; or

(c)  without reasonable cause fails to give such an officer so

acting any other assistance or information which he may

reasonably require of him for the purpose of the

performance of his functions under this Act,

shall be guilty of an offence and shall, on conviction, be liable to a

fine not exceeding thirty thousand ringgit or to imprisonment for a

term not exceeding three years or to both.

 (2)  If any person, in giving any such information as is mentioned

in the preceding subsection, makes any statement which he knows or

has reason to believe to be false, he shall be guilty of an offence and

shall, on conviction, be liable to the penalty mentioned in that

subsection.

 (3)  (Deleted by Act A1384).

Warrant admissible notwithstanding defects, etc.

51A.  A warrant issued under this Act shall be valid and enforceable

notwithstanding any defect, mistake or omission therein or in the

application for such warrant and any goods or documents seized

under such warrant shall be admissible in evidence in any

proceedings under this Act.

Hire-Purchase                                         67

Powers of investigation

51B.  (1) An Assistant Controller shall have the power to investigate

the commission of any offence under this Act or any regulations

made thereunder.

 (2)  An Assistant Controller investigating the commission of

an offence under this Act or any regulations made thereunder

may exercise all or any of the powers in relation to police

investigation in seizable cases as provided for under the Criminal

Procedure Code [Act 593].

Power of arrest

51C.  (1)  An Assistant Controller may arrest without warrant any

person whom he reasonably believes has committed or is attempting

to commit an offence under this Act if the person refuses to furnish

his name and address or furnishes an address out of Malaysia or there

are reasonable grounds for believing that he has furnished a false

name or address or that he is likely to abscond.

 (2)  An Assistant Controller making an arrest under subsection (1)

shall without unnecessary delay make over the person so arrested to

the nearest police officer or, in the absence of a police officer, take

such person to the nearest police station, and thereafter the person

shall be dealt with as provided under the law relating to criminal

procedure for the time being in force as if he had been arrested by a

police officer.

Power to require attendance of person acquainted with case

51D.  (1)  An Assistant Controller making an investigation under this

Act or any regulations made thereunder may, by order in writing,

require the attendance before himself of any person who appears to

him to be acquainted with the facts and circumstances of the case,

and such person shall attend as so required.

68                                       Laws of Malaysia                          ACT 212

 (2)  If any person refuses to attend as so required, the Assistant

Controller may report such refusal to a Magistrate who shall issue a

warrant to secure the attendance of such person as may be required

by the order made under subsection (1).

Examination of person acquainted with case

51E.  (1)  An Assistant Controller making an investigation under this

Act or any regulations made thereunder may examine orally any

person supposed to be acquainted with the facts and circumstances of

the case and shall reduce into writing any statement made by the

person so examined.

 (2)  The person examined under subsection (1) shall be legally

bound to answer all questions relating to such case put to him by the

Assistant Controller, but such person may refuse to answer any

question the answer to which would have a tendency to expose him to

a criminal charge or penalty or forfeiture.

 (3)  A person making a statement under this section shall be

legally bound to state the truth, whether or not such statement is

made wholly or partly in answer to questions.

 (4)  The Assistant Controller examining a person under

subsection (1) shall first inform that person of the provisions

of subsections (2) and (3).

 (5)  A statement made by any person under this section shall,

wherever possible, be reduced into writing and signed by the person

making it or affixed with his thumbprint, as the case may be, after—

(a)  it has been read to him in the language in which he made

it; and

(b) he has been given an opportunity to make any correction

he may wish.

Hire-Purchase                                         69

Supply of information

52.  (1)  The Controller, Deputy Controller and any other officer

specially authorized in writing by the Controller in that behalf may in

writing require any owner or dealer to supply him any information he

may request relating to any hire-purchase agreement or to the goods

to which such agreement relates.

 (2)  Any person who without reasonable excuse fails to supply any

information requested under subsection (1) or supplies any

information which he knows or has reason to believe to be false

commits an offence under this Act.

Admissibility of statement in evidence

53.  (1)  Except as provided in this section, no statement made by

any person to any Assistant Controller in the course of an

investigation made under this Act or any regulations made thereunder

shall be used in evidence.

 (2)  When any witness is called for the prosecution or for the

defence, other than the accused, the court shall, on the request of the

accused or the prosecutor, refer to any statement made by that

witness to any Assistant Controller in the course of the investigation

under this Act or any regulations made thereunder and may then, if

the court thinks fit in the interest of justice, direct the accused to be

furnished with a copy of it and the statement may be used to impeach

the credit of the witness in the manner provided by the Evidence Act

1950 [Act 56].

 (3)  Where the accused had made a statement during the course of

an investigation, such statement may be admitted in evidence in

support of his defence during the course of the trial.

 (4)  Nothing in this section shall be deemed to apply to any

statement made in the course of an identification parade or falling

within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence

Act 1950.

70                                       Laws of Malaysia                          ACT 212

 (5)  When any person is charged with any offence in relation to—

(a)  the making; or

(b)  the contents,

of any statement made by him to any Assistant Controller in the

course of an investigation made under this Act or any regulations

made thereunder, that statement may be used as evidence in the

prosecution’s case.

Disclosure of information

54.  If any person discloses to any other person any information

obtained by him in pursuance of this Act he shall be guilty of an

offence unless the disclosure was made in or for the purpose of the

performance of functions under this Act.

Prosecution

55.  No prosecution for any offence under this Act shall be instituted

except by or with the written consent of the Public Prosecutor.

Forfeiture of goods, etc., seized

55A.  (1)  Any goods, document or computerized data seized in the

exercise of any power conferred under this Act shall be liable to

forfeiture.

 (2)  An order for the forfeiture or for the release of any goods,

document or computerized data seized in the exercise of any power

conferred under this Act shall be made by the court before which the

prosecution with regard thereto has been held and an order for the

forfeiture of the goods, document or computerized data shall be made

if it is proved to the satisfaction of the court that an offence under this

Act has been committed and that the goods, document or

computerized data were the subject matter of or were used in the

Hire-Purchase                                         71

commission of the offence, notwithstanding that no person may have

been convicted of such offence.

 (3)  If there be no prosecution with regard to any goods, document

or computerized data seized in the exercise of any power conferred

under this Act, such goods, document or computerized data shall be

taken and deemed to be forfeited at the expiration of one calendar

month from the date of service of a notice to the person from whom

the goods, document or computerized data were seized indicating that

there is no prosecution in respect of such goods, document or

computerized data, unless a claim thereto is made before that date in

the manner set out in subsections (4), (5) and (6).

 (4)  Any person asserting that he is the owner of the goods,

document or computerized data referred to in subsection (3) and that

it is not liable to forfeiture may, personally or by his agent authorized

in writing, give written notice to the Assistant Controller in whose

possession such goods, document or computerized data is held that he

claims the goods, document or computerized data.

 (5)  On receipt of the notice under subsection (4), the Assistant

Controller shall refer the notice to the Controller or Deputy

Controller, who may, after such enquiries as may be necessary, direct

that such property, document or computerized data be released or

forfeited or refer the matter to a Magistrate for his decision.

 (6)  The Magistrate to whom the matter is referred under

subsection (5) shall issue a summons requiring the person asserting

that he is the owner of the goods, document or computerized data and

the person from whom they were seized to appear before such

Magistrate and upon their appearance or default to appear, due

service of the summons being proved, the Magistrate shall proceed to

the examination of the matter and on proof that an offence under this

Act has been committed and that such goods, document or

computerized data were the subject matter or were used in the

commission of such offence shall order the same to be forfeited and

shall, in the absence of such proof, order their release.

 (7)  Any goods, document or computerized data forfeited or

deemed to be forfeited shall be delivered to the Assistant Controller

72                                       Laws of Malaysia                          ACT 212

and shall be disposed of in accordance with the directions of the

Controller.

No costs or damages arising from seizure to be recoverable

55B.  No person shall, in any proceedings before any court in respect

of any goods, document or computerized data seized in the exercise

or the purported exercise of any power conferred under this Act, be

entitled to the costs of such proceedings or to any damages or other

relief unless such seizure was made without reasonable cause.

Cost of holding property, etc., seized

55C.  Where any goods, document or computerized data seized in the

exercise of any power under this Act is held in the custody of the

Government pending the completion of any proceedings in respect of

an offence under this Act or any regulations made thereunder, the

cost of holding it in custody shall, in the event of any person being

found guilty of an offence under this Act or any regulations made

thereunder, be a debt due to the Government by such person and shall

be recoverable accordingly.

Compounding

56.  (1)  The Controller or, in his absence, the Deputy Controller

may, with the consent in writing of the Public Prosecutor, compound

any offence which is prescribed to be a compoundable offence by

making a written offer to the person suspected to have committed the

offence to compound the offence upon payment to the Controller or,

in his absence the Deputy Controller, of an amount of money not

exceeding fifty per centum of the amount of maximum fine for that

offence within such time as may be specified in his written offer.

 (2)  An offer under subsection (1) may be made at any time after

the offence has been committed but before any prosecution for it has

been instituted, and if the amount specified in the offer is not paid

within the time specified in the offer or such extended time as the

Hire-Purchase                                         73

Controller or, in his absence the Deputy Controller, may grant,

prosecution for the offence may be instituted at any time after that

against the person to whom the offer was made.

 (3)  Where an offence has been compounded under subsection (1),

no prosecution shall be instituted in respect of the offence against the

person to whom the offer to compound was made, and any goods,

document or computerized data seized in connection with the offence

may be released or forfeited by the Controller or, in his absence the

Deputy Controller, subject to such terms and conditions as he deems

fit to impose in accordance with the conditions of the compound.

Protection of Controller, Deputy Controllers, Assistant

Controllers, etc.

56A.  No action or prosecution shall be brought, instituted or

maintained in any court against the Controller, Deputy Controllers,

Assistant Controllers or any other officer duly appointed by the

Minister for or on account of or in respect of any act ordered or done

for the purpose of carrying into effect this Act, and no suitor

prosecution shall lie in any court against any other person for or on

account of or in respect of any act done or purported to have been

done by him under the order, direction or instruction of the

Controller, Deputy Controllers, Assistant Controllers or any other

officer duly appointed by the Minister for any such purpose as

aforesaid:

 Provided that the act was done in good faith and in a reasonable

belief that it was necessary for the purpose intended to be served

thereby.

Protection of informers

56B.  (1)  Except as provided in this section, no witness in any civil or

criminal proceedings shall be obliged or permitted to disclose the

name or address of any informer or the substance and nature of the

information received from him or to state any matter which might

lead to his discovery.

74                                       Laws of Malaysia                          ACT 212

 (2)  If any goods, document or computerized data which is in

evidence or liable to inspection in any civil or criminal proceedings

contains any entry in which any informer is named or described or

which might lead to his discovery, the court shall cause all such

entries to be concealed from view or to be obliterated so far as may

be necessary to protect the informer from discovery.

 (3)  If in a trial for any offence under this Act or any regulations

made thereunder, the court after full inquiry into the case believes

that the informer wilfully made in his complaint a material statement

which he knew or believed to be false or did not believe to be true, or

if in any other proceedings the court is of the opinion that justice

cannot be fully done between the parties to the proceedings without

the discovery of the informer, the court may require the production of

the original complaint, if in writing, and permit inquiry and require

full disclosure concerning the informer.

PART IX

REGULATIONS, ETC.

Regulations

57.  (1)  The Minister may make regulations for or in respect of

every purpose which is deemed by him necessary for carrying out the

provisions of this Act and for the prescribing of any matter which is

authorized or required under this Act to be so prescribed.

 (2)  Without prejudice to the foregoing power the Minister may by

regulations—

(a)  after consultation with the Minister charged with the

responsibility for insurance prescribe—

(i)  the rates of insurance in respect of any class or

classes of goods;

  (ii)  the different rates for insurance in respect of

different classes of goods;

Hire-Purchase                                         75

 (iii)  the rates on a sliding scale; or

 (iv)  the rates according to or upon any specified

principle or criterion;

(b) prescribe all matters relating to the issuance of permits

granted under this Act, including the procedure for

application, fees, forms, conditions and duration of the

permits;

(c)  regulate the manner by which an owner, his servant or

agent shall exercise the power of taking possession;

(d)  require records to be maintained by owners and dealers

and prescribe the particulars to be recorded;

(e)  require owners and dealers to supply at such times as

may be specified information relating to hire-purchase

transactions;

(f)  prescribe the offences under this Act which may be

compounded, the amount of such compound and the

procedure to be followed in compounding.

 (3)  The regulations made under this section may provide for—

(a)  any act or omission in contravention of the regulations

to be an offence; and

(b)  the imposition of penalties of a fine not exceeding thirty

thousand ringgit or imprisonment for a term not

exceeding three years or to both.

Power to amend Schedules

57A.  (1)  The Minister may by order published in the Gazette amend

the Schedules to this Act.

76                                       Laws of Malaysia                          ACT 212

 (2)  Hire-purchase agreements entered into prior to any

amendment, or variation of, deletion from, or addition to, any

Schedule to this Act shall not be affected by such amendment,

variation, deletion or addition and the Act shall continue to apply or

not to apply, as the case may be, to such hire-purchase agreements.

Operation of certain laws

58. The Bills of Sale Ordinance 1950 [F.M. No. 30 of 1950] of the

States of Malaya, the Bills of Sale Ordinance of Sabah[Cap. 14] and

the Bills of Sale Ordinance of Sarawak [Cap. 68]and any subsequent

or other legislation for the time being in force in the Federation

relating to Bills of Sale shall not apply to any provision in any hire-

purchase agreement whereby the rights of the owner thereunder are

extended to any replacements or renewals by the hirer of any part or

parts of or any accessories added or additions made by the hirer to

any goods comprised in any such agreement.

Hire-Purchase                                         77

FIRST SCHEDULE

[Section 1]

LIST OF GOODS

1.  All consumer goods;

2.  Motor vehicles, namely—

(a) Invalid carriages;

(b)  Motor Cycles;

(c)  Motor Cars including taxi cabs and hire cars;

(d)  Goods Vehicles (where the maximum permissible laden weight does

  not exceed 2540 kilograms);

(e)  Buses, including stage buses.

SECOND SCHEDULE

PART I

[Paragraph 4(1)(a) and Subparagraph 4(1)(b)(i)]

SUMMARY OF YOUR FINANCIAL OBLIGATIONS UNDER

THE PROPOSED HIRE-PURCHASE AGREEMENT

This document contains a short description of the goods comprised in the hire-

purchase agreement and a summary of your financial obligations under the

proposed hire-purchase agreement.

1.  Particulars of goods

(a)  Short description of goods: …………………………………………..

(b) If motor vehicle, state registration number: ………………………….

(c)  State whether new or second-hand: …………………………….....…

(d)  Address where goods will be kept: …………………………….....….

2.  Particulars Relating To Your Financial Obligations

78                                       Laws of Malaysia                          ACT 212

(a)  Cash price of goods*    RM ..........................

(b)  Amount to be paid before entering into  RM ..........................

 the hire-purchase agreement (hereinafter

 referred to as “deposit”)

(c)  Cash price less deposit  RM .................. RM ..........................

(d)  Freight charges, if any    RM ..........................

(e)  Vehicle registration fee, if any   RM ..........................

3.  Insurance:

(a)  For motor vehicles, insurance in   RM ..........................

 respect of the first year only:

(b)  For goods other than motor    RM ..........................

  vehicles, in respect of the duration

  of the hire-purchase agreement

4.  Terms charges:

(a)  For fixed rate

i Rate per annum................................%

ii Total amount of terms charges   RM ..........................

(b)  For variable rate

i Rate per annum...........% + BLR,

 currently at .......................%

ii Total amount of terms charges**   RM ..........................

Balance originally payable under the agreement**   RM ..........................

Annual Percentage Rate**     RM ..........................

Balance originally payable under the    RM ..........................

agreement, inclusive of deposit,

referred to in the agreement as the

“hire-purchase price”**

Difference between cash price of goods    RM ..........................

and the total amount you will have to pay**

Hire-Purchase                                         79

5.  Particulars Relating to Payment

 Duration of payment of instalments in—

(a)  number of months or years**    ……………........….

(b)  number of instalments**    ……………….........

(c)  amount of each instalment**    ……………........….

This document is issued by or on behalf of ...........................................................at

........................................................................on this.............................................day

of..................pursuant to Paragraph 4(1)(a)/Subparagraph 4(1)(b)(i)*** of the Hire-

Purchase Act 1967.

This document is given free of charge without any obligation to enter into a hire-

purchase agreement.

I/We...............NRIC No……….…of.....................hereby acknowledge receipt of

this document.

Signature........………………………

Date…………………………........…

NOTE:

*Price stated will be valid for a period of 7 days.

**where the terms charges are at a variable rate, the particulars specified shall be based on the BLR
applicable at the time of serving of this written statement.

***Strike out whichever is inapplicable.

PART II

[Subparagraph 4(1)(b)(ii)]

CONSENT OF PROSPECTIVE OWNER

To ………………………………………

…………………………………………

TAKE NOTICE that …………………………………................................................

NRIC No.....................................of .……………….........................…………intends

to enter into a hire-purchase agreement in respect of ………...... and a copy of a

summary of his financial obligations under the proposed hire-purchase agreement

has been served on him on the ……………........................day of

…………….......................20……, a copy of which is attached herewith, pursuant

to subparagraph 4(1)(b)(i) of the Hire-Purchase Act 1967.

80                                       Laws of Malaysia                          ACT 212

2.  If you agree to be a party as owner in the proposed hire-purchase agreement,

kindly confirm by signing at the appropriate column of this document.

(Signature of Dealer)

Name:.………………………………

Address:.………………………….…

Date:.………………………………..

To..………………………………….

...............…………………………....

*I/We ……………………………………….......................................................

hereby agree to be a party as owner in the proposed hire-purchase agreement.

(Signature of the prospective owner)

Name:…………………………………

Address:……………………………....

Date:…………………………………..

*NOTE:

Insert description of goods.

THIRD SCHEDULE

(Deleted by Act A813)

FOURTH SCHEDULE

[Section 16]

NOTICE OF INTENTION TO RE-POSSESS

Take notice that we…………………………………… the owner

of*.......................hired by you under an agreement dated the

Hire-Purchase                                         81

...................................................,intends to retake possession of the goods after the

expiration of.................................... days from the service of this notice unless the

arrears of instalments including arrears of interest due on overdue instalments

which now amount to RM ………………… are paid to …………………

at………………………………on or before ……………………

(a) Total amount payable ** as at ........../........./.........:   RM.............

(b) Amount paid or provided by hirer to *** ....../...../....  RM.............

(c) Arrears under agreement to ......./........./.........:   RM.............

And further take notice that if the goods are returned to the owner within twenty-

one days after the service on you of this notice, you will not be liable to pay the

following namely:

(i)  cost of repossession;

   (ii)  cost incidental to taking possession; and

  (iii)  cost of storage.

NOTE:
*Insert description of goods.

**Where terms charges at a variable rate, the total amount payable consists of outstanding amount

financed and terms charges accrued up to the date, indicated above.

***Not applicable if the terms charges are at a variable rate.

FIFTH SCHEDULE

NOTICE TO HIRERS UNDER SECTION 16

Now that the goods you hired have been re-possessed you will be entitled to get

them back—

(a) if, within twenty one days you require the owner, by notice in writing

signed by you or your agent, to re-deliver the goods to you and if,

within twenty one days after giving the notice, you reinstate the

agreement by paying the arrears and remedy the following breaches of

the agreement (or pay the owner’s expenses in remedying them):

The owner’s estimate of the amount you must pay to reinstate the

agreement is—

Arrears of instalments                                           RM................

82                                       Laws of Malaysia                          ACT 212

Arrears of interest due on overdue instalments     RM................

Cost of storage, repair or maintenance                  RM................

Cost of re-possession                                             RM................

Cost of re-delivery                                                 RM................

Total  RM

Or

(b)  if within twenty one days, you give notice of intention to finalise the

agreement and pay the balance due under the agreement and costs of

the re-possession:

The owner’s estimate of the amount required to finalise the

agreement is—

(i)  where in the hire-purchase agreement the terms charges are at a

fixed rate:

Total amount payable under the

agreement RM................

Less deposit and instalments paid RM................

Balance due under agreement  RM................

 Less statutory rebates  RM................

 Add arrears of interest due on

 overdue interests  RM................

 Add costs of re-possession  RM................

 Storage, repair or maintenance  RM................

 Total  RM

or

(ii)  where in the hire-purchase agreement the terms charges are at a

variable rate:

Balance outstanding under the hire-purchase

Hire-Purchase                                         83

agreement as at.................  RM................

Less statutory rebates  RM................

Add arrears of interest due on

overdue interests  RM................

Add costs of re-possession  RM................

Storage, repair or maintenance  RM................

 Total  RM

(c)  If you do not reinstate or finalise the agreement you will be liable for the

owner’s loss unless the value of the goods re-possessed is sufficient to

cover your liability. If the value of the goods is more than sufficient to

cover your liability you will be entitled to a refund.

The owner’s estimate of the value of

the goods re-possesses is  RM................

* On the basis of that estimates you

are entitled to a refund of  RM................

You are liable to pay the owner  RM................

NOTE—You may give a written notice to the owner requiring the owner to sell the

goods to any cash buyer you can introduce who is willing to pay the owner’s

estimate of the value, i.e.,+

DO NOT DELAY

Action to enforce your rights should be taken at once. You will lose your rights

twenty one days after the service or posting of this notice if you do not take action.

NOTE—Where this notice is sent to a guarantor it shall be endorsed as follows:

This notice is sent to you as guarantor of .................

As guarantor you have certain rights under the Hire-Purchase Act 1967 and you are

advised to seek advice at once.

NOTE:
*Strike out whichever is inapplicable.

+Insert owner’s estimates of value.

84                                       Laws of Malaysia                          ACT 212

SIXTH SCHEDULE

[Section 30]

TERMS CHARGES

1.  Where the terms charges are at a fixed rate, the terms charges shall be

calculated in accordance with the following formula:

    100 X C

 R =  –––––––

   T X P

Where

R  represents the terms charges calculated as a rate per centum per annum.

C represents the amount of terms charges expressed in ringgit and fractions

of ringgit.

T  represents the time that elapses between the time fixed by or under the

agreement for the making of the first instalment and the time so fixed for

the making of the last instalment, together with—

(a)  one week where the instalments are payable under the agreement

  at regular weekly intervals;

(b)  two weeks where the instalments are payable under the

agreement at regular fortnightly intervals;

(c)  one month where the instalments are payable under the

agreement at regular monthly intervals,

expressed in years and fractions of years.

 P  represents the difference between the cash price of the goods comprised

  in the agreement and the amount of the deposit, together with—

(a) freight, if any; and

(b)  vehicle registration fees, if any; and

(c) insurance, if any,

expressed in ringgit and sen.

Hire-Purchase                                         85

2.  Where the terms charges are at a variable rate, the terms charges shall be

calculated in accordance with the following formula:

Where

R  represents the terms charges calculated as a rate per centum per annum

 (based on total of Base Lending Rate (BLR) plus margin)

T  represents the number of scheduled payments per annum

N represents the total number of instalments for the hiring period

P  represents the difference between the cash price of the goods comprised

 in the agreement and the amount of the deposit, together with—

(a)  freight, if any; and

(b)  vehicle registration fees, if any; and

(c)  insurance, if any,

expressed in ringgit and sen.

SEVENTH SCHEDULE

[Section 4C]

ANNUAL PERCENTAGE RATE

The annual percentage rate shall be calculated in accordance with the following

formula:

2 NF (300C + NF)

–––––––––––––––––

2 N²F + 300C (N + 1)

86                                       Laws of Malaysia                          ACT 212

Where

N  is the total number of instalments.

C  is the number of instalments that, under the contract, will be paid in one

year or, where the contract is to be completed in less than one year, the

number of instalments that would be paid in one year if instalments

continued to be paid at the same intervals.

F  is the amount determined in accordance with the formula—

100C X T

––––––––

N X A

Where

C  is the same number as the first-mentioned formula.

T  is the total amount of the pre-determined terms charges.

N  is the total number of instalments.

A  is the amount financed.

87

LAWS OF MALAYSIA

Act 212

HIRE PURCHASE ACT 1967

LIST OF AMENDMENTS

Amending law

                      Short title In force from

Act 4/1968

Act A20

Act 160

Act A332

P.U. (A) 221/1980

P.U. (A) 149/1983

Act A813

Act A1234

P.U. (A) 163/2005

Act A1384

Hire-Purchase (Amendment) Act 1968

Hire-Purchase (Amendment) Act 1969

Malaysian Currency (Ringgit) Act 1975

Hire-Purchase (Amendment) Act 1976

Hire-Purchase Order 1980

Hire-Purchase (Amendment of First

Schedule) Order 1983

Hire-Purchase (Amendment) Act 1992

Hire-Purchase (Amendment) Act 2004

Hire-Purchase (Amendment of

Schedule) Order 2005

Hire-Purchase (Amendment) Act 2010

21-03-1968

28-03-1969

29-08-1975

27-02-1976

01-08-1980

01-05-1983

01-06-1992

15-04-2005

15-04-2005

15-06-2011

88

LAWS OF MALAYSIA

Act 212

HIRE PURCHASE ACT 1967

LIST OF SECTION AMENDED

Section

Long title

    1

Amending authority

Act A1384

Act A332

Act A1234

In force from

15-06-2011

27-02-1976

15-04-2005

    2

    3

    4

  4A

  4B

  4C

  4D

  4E

  4F

  4G

    5

    6

Act A332

Act A813

Act A1234

Act A813

Act A813

Act A1384

Act A813

Act A1384

Act A813

Act A1384

Act A813
Act A1234

Act A813

Act A1384

Act A1384

Act A1384

Act A813

Act A1384

Act A813

27-02-1976

01-06-1992

15-04-2005

01-06-1992

01-06-1992

15-06-2011

01-06-1992

15-06-2011

01-06-1992

15-06-2011

01-06-1992

15-04-2005

01-06-1992

15-06-2011

15-06-2011

15-06-2011

01-06-1992

15-06-2011

01-06-1992

http://www.lawnet.com.my/lawnetpublic/Members/tabid/53/ctl/DownloadDocument/mid/369/Default.aspx?ID=9909

Hire-Purchase                                         89

Section

6A-6C

    9

  12

  14

  15

  16

16A

  17

17A

17B

  18

  19

20A

  26

  29

30A

  31

  34

  36

36A-36D

  37

Amending authority

Act A1234

Act A813

Act A813

Act A813

Act A1234

Act A813

Act A1234

Act A813

Act A1384

Act A813

Act A813

Act A1384

Act A1384

Act A813

Act A1234

Act A813

Act A813

Act A813

Act A813

Act A1384

Act A1384

Act A1234

Act A1384

Act A813

Act A813

In force from

15-04-2005

01-06-1992

01-06-1992

01-06-1992

15-04-2005

01-06-1992

15-04-2005

01-06-1992

15-06-2011

01-06-1992

01-06-1992

15-06-2011

15-06-2011

01-06-1992

15-04-2005

01-06-1992

01-06-1992

01-06-1992

01-06-1992

15-06-2011

15-06-2011

15-04-2005

15-06-2011

01-06-1992

01-06-1992

90                                       Laws of Malaysia                        ACT 212

Section

   38

   39

   43

 43A

   44

   45

   46

   50

 50A

 50B

  51

51A

51B

51C

51D

51E

  52

  53

  55

55A

55B

55C

Amending authority

Act A1384

Act A813

Act A1234

Act A813

Act A813

Act A813

Act A1384

Act A1384

Act A1384

Act A1384

Act A1384

Act A1384

Act A813

Act A813

Act A1384

Act A1384

Act A1384

Act A1384

Act A813

Act A1384

Act A1384

Act A813

Act A1384

Act A1384

Act A1384

In force from

15-06-2011

01-06-1992

15-04-2005

01-06-1992

01-06-1992

01-06-1992

15-06-2011

15-06-2011

15-06-2011

15-06-2011

15-06-2011

15-06-2011

01-06-1992

01-06-1992

15-06-2011

15-06-2011

15-06-2011

15-06-2011

01-06-1992

15-06-2011

15-06-2011

01-06-1992

15-06-2011

15-06-2011

15-06-2011

Hire-Purchase                                         91

Section

56

56A

56B

  57

57A

First Schedule

Second Schedule

Third Schedule

Fourth Schedule

Fifth Schedule

Sixth Schedule

Seventh Schedule

Amending authority

Act A813

Act A1384

Act A813

Act A1384

Act A813

Act A1384

Act A1234

P.U. (A) 221/1980

P.U. (A) 149/1983

Act A813

Act A813

P.U. (A) 163/2005

Act A813

P.U. (A) 163/2005

Act A813

Act A813

P.U. (A) 163/2005

P.U. (A) 163/2005

Act A813

In force from

01-06-1992

15-06-2011

01-06-1992

15-06-2011

01-06-1992

15-06-2011

15-04-2005

01-08-1980

01-05-1983

01-06-1992

01-06-1992

15-04-2005

01-06-1992

15-04-2005

01-06-1992

01-06-1992

15-04-2005

15-04-2005

10-06-1992