STREET DRAINAGE AND BUILDING ACT 1974
(1) This Act may be cited as the Street, Drainage and Building Act 1974 .
(2) This Act shall apply only to West Malaysia.
(3) This Act shall come into force on such date as the Minister may, after consultation with the State Authority, appoint in relation to that State by a notification in the Gazette and the Minister may, after consultation with the State Authority, appoint different dates for the coming into force of different provisions of this Act and may bring all or any provisions thereof into force either in all the local authority areas of a State to which the notification applies or in such local authority area of the State as may be specified in the notification.
(4) Notwithstanding subsection (3) the State Authority may by notification in the Gazette exempt any area of any local authority from any or all the provisions of this Act or any by-laws made thereunder.
(5) Notwithstanding th
Nothing in this Act shall affect the past operation of, or anything done under the provisions of, any law relating to street, drainage and building in local authority areas passed before the commencement of this Act:
Provided that any right, liberty, privilege, obligation or liability existing at the commencement of this Act by virtue of any such law shall, except as hereinafter expressly provided, be subject to the provisions of this Act.
In this Act unless the context otherwise requires :
"arcade" includes verandah;
"building" includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure support or foundation connected to the foregoing;
" building plans " means plans that include site plans, key plans, floor plans, sections and elevations as set out specifically in any by-laws made under this Act; [Ins. Act A1286]
" certificate of completion and compliance " means the certificate given or granted under any by-laws made under this Act; 4 PART II STREETS-4. Maintenance and repair of public streets.
(1) The local authority shall, so far as the funds at its disposal will admit, cause all public streets together with the footways thereof, whether covered by arcades or not, to be maintained and repaired and may :
(a) cause the same to be paved, metalled, flagged, channelled, drained, kerbed, lighted or otherwise improved, and the surface thereof to be raised, lowered or altered as it thinks fit;
(b) make and keep in repair any footways for the use of foot passengers in any such street;
(c) place on the sides of such footways or otherwise such fences and posts as are needed for the protection of foot passengers;
(d) provide street lighting.
Boundary stones.
(2) The local authority may set up or affix to any premises abutting on a public street, boundary stones or other marks to denote the length, width and alignment of such street.
5 PART II STREETS-5. Power to make and improve streets.
The local authority may, with the consent of the State Authority, :
(a) lay out and make new streets and back-lanes;
(b) build and construct bridges and tunnels;
(c) turn, divert, discontinue or stop up any public street; and
(d) widen, open, enlarge or otherwise improve any public street.
6 PART II STREETS-6. Power to take land adjoining new streets for building purposes.
(1) In laying out or making any new streets, or in widening, opening, enlarging or otherwise improving any public street, in addition to the land required for the carriageways and footways thereof, the local authority may request the State Authority, to acquire the land necessary for the buildings to form the said street and, with the consent of the State Authority may :
(a) erect any buildings upon the land so acquired or alter any existing buildings thereon; and
(b) sell and dispose of such land or buildings with such stipulations and conditions as to the class and description of buildings to be erected on such land as it thinks fit.
(2) For the purpose of subsection (1), in relation to the Federal Territory reference to the State Authority shall be construed as reference to the Government of the Federation.
7 PART II STREETS-7. Power to acquire to be in accordance with law relating to compulsory acquisition.
(1) Where any immovable property not being State land is needed to be acquired for any of the purposes under sections 5 and 6, such property may be acquired in accordance with any law relating to the compulsory acquisition of land for the time being in force in the State in which the property is situate.
(2) For the purpose of subsection (1), in relation to the Federal Territory reference to the State land shall be construed as reference to Federal land.
8 PART II STREETS-8. Local authority may recover cost of new street or of widening, opening, etc., of public street.
(1) When the local authority has made a new street or has widened, opened, enlarged or otherwise improved a public street, it may, with the approval of the State Authority, recover the cost of acquiring the land for, and of :
(a) constructing the new street; or
(b) widening, opening, enlarging or otherwise improving the public street,
from the developer concerned or the frontagers or both.
(2) If such sum is to be paid by the developer, it may be recovered from the developer.
(3) If such cost is to be paid by the frontagers, the persons who are the frontagers when the work is completed shall be liable and the sum shall be recoverable in the manner hereinafter provided.
(4) In determining the respective amounts to be paid by the frontagers or developers the local authority may take into consideration any or all of the following factors :
9 PART II STREETS-9. Private persons making new streets.
(1) No person shall make any new street without the prior written permission of the local authority.
(2) Any person who intends to make any new street shall apply to the local authority, accompanied by a plan in duplicate, showing the intended level and construction of such street and the level of the houses to be built on the land abutting upon it and the proposed manner of draining it and by a statement specifying the use for which such street is intended:
Provided that the local authority shall not approve the detailed plans of any new street unless the use of the land for this purpose has been approved by the competent authority under any law relating to town and country planning.
(3) The local authority may give written directions to the person submitting a plan for a new street with regard to any of the following particulars :
(a) compliance with this Act and any by-laws made thereunder;
<10 PART II STREETS-10. Approval of plans to expire.
All plans for the making of a new street which were approved under the provisions of any written law before the coming into force of this Act shall expire at the end of one year from the date of coming into force of this Act:
Provided that the local authority may grant a renewal of such approval for such period as it may determine, but such renewal shall not in the aggregate exceed twelve months.
11 PART II STREETS-11. Paving, etc. of private streets.
(1) Where any private street or part of a private street in the opinion of the local authority requires street works, the local authority shall cause to be prepared plans and specifications of the street works and an estimate of the cost thereof and a provisional apportionment of such estimated expenses among the frontagers or developers or both and shall serve a notice of such decision upon each of the frontagers and developers requiring them to execute to the satisfaction and in accordance with the directions in writing of the local authority, such street works and within such period as may be specified in the notice.
Appointment of cost.
(2) In apportioning the estimated cost thereof among the frontagers or developers, the local authority may take into consideration any or all of the following factors :
(a) the frontage of their respective premises;
(b) the area of their respect
12 PART II STREETS-12. Declaration of public street.
(1) Where street works have been executed to the satisfaction of the local authority under this Part in respect of a private street, which is not less than forty feet wide, then on the request :
(a) in the case of street works executed under section 11, of the several frontagers listed in the final apportionment as together have an annual value of more than fifty per centum of the total annual value of the premises so listed; or
(b) in any other case, of the several frontagers of such private street or part of a private street as together have an annual value of more than fifty per centum of the total annual value of the premises fronting on, adjoining, abutting on or (though not actually so fronting, adjoining or abutting) adjacent or accessible to such private street or part of the private street, as the case may be,
demanding that the private street or part of the private street be
13 PART II STREETS-13. Private streets may be declared public street.
(1) If any street, not being a public street, is levelled, channelled and drained, and either paved, metalled or flagged to the satisfaction of the local authority, it may, whether at the request of the frontagers or otherwise, if it thinks fit, declare that at the expiration of one month from the date thereof the said street shall become a public street.
(2) Notwithstanding subsection (1) the local authority may require the frontagers to provide lighting for the street to the satisfaction of the local authority as a condition precedent to the declaration under subsection (1).
(3) A copy of the intention to declare such street as a public street shall be forthwith posted up in some prominent part of the said street.
(4) At the expiration of the said period, unless the frontagers or such frontagers having the greater part in the annual value have, by notice to the local authority in writing under their hands, objected thereto, th
14 PART II STREETS-14. Widening of private streets.
(1) Whenever the local authority decides that it is necessary to widen, open, enlarge or otherwise improve any private street or any part of a private street, the local authority shall prepare a plan showing the premises which will be acquired for the purpose of effecting such widening, opening, enlarging or otherwise improving the street:
Provided that any acquisition of premises shall be in accordance with the law relating to the compulsory acquisition of land.
Acquisition of whole building if part rendered useless.
(2) Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of such building, the State Authority shall, if the owner so requires, acquire the remainder of the holding of which such building forms a part.
Acquisition of whole holding in certain circumstances.
(3) Where the acquisition under this section of any portion
15 PART II STREETS-15. Repair of private streets.
(1) Where any private street or any part thereof is in a dangerous or defective condition, the local authority may, by notice in writing, require :
(a) the developer;
(b) the frontagers of such street; or
(c) any other person who, in the opinion of the local authority, was responsible for causing the street to be in a dangerous or defective condition,
to cause such street to be properly repaired and amended within such time as may be prescribed in such notice and may in such notice specify the date before which such work shall be commenced.
(2) If any frontager or developer or any other person fails to comply with the requirements of such notice, the local authority may itself cause the work to be done and such frontager or such other person shall pay to the local authority the cost and expense thereof as apportioned by the local authority:
Provided th
16 PART II STREETS-16. Notice on person causing private street to be in a dangerous or defective condition.
(1) Where the local authority is of the opinion that any frontager, developer or any other person is responsible for causing a private street or any part thereof to be in a dangerous or defective condition it may, by notice, require him not to make further use of the private street for the purpose of transporting any matter, material or thing, or prohibit the use of the road by specified class of vehicles, until he deposits with the local authority such sum as the local authority may specify.
(2) The local authority shall in specifying the sum to be deposited with the local authority under subsection (1) have regard to the cost and expense that would have to be incurred if it should cause the repairs to be done.
(3) Any frontager, developer or any other person who fails to comply with the notice shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term which may extend to twelve months or
17 PART II STREETS-17. Payments to be made before erection of buildings in respect of street works.
(1) Subject to this section :
(a) where any building which is to be erected will have frontage on a private street in respect of which the local authority may be able to exercise its powers under the provisions of section 11 to require street works to be executed or to execute street works on its own; or
(b) in any case where an application is required, under the provisions of section 9, for the making of a new street,
no work shall be commenced or done for the purpose of erecting such buildings, unless :
(aa) the person erecting the building has deposited with the local authority such sum, if any, as may be required to be deposited in accordance with an order made under section 18; or
(bb) the deposit in respect of the erection of such building or class of buildings has been exempted under any order made by the State Authority under subsection (8):
18 PART II STREETS-18. Determination of the amount to be deposited and the date of completion.
(1) Any person who intends to commence any work for the erection of any new building shall unless exempted apply to the local authority for an order from the local authority specifying the amount required to be deposited for street works and the date on or before which such street works shall be completed.
(2) The person applying for such an order shall within fourteen days of service of the order on him deposit with the local authority the sum stated in the order or give the security.
(3) In making the order the local authority shall have regard to the amount that would be expended by it if it executed the street works under this Act.
(4) Any person who is dissatisfied with such order shall, within ten days of the service of the order on him, appeal to the State Authority whose decision thereon shall be final and shall not be subject to any appeal in any court.
19 PART II STREETS-19. Local authority may execute and cause to be properly carried out street works.
(1) If street works are not commenced after the commencement of building operations or are not executed to the satisfaction of the local authority, in any case where a deposit has been made or security given under section 18 (2), the local authority may, at any time after giving notice of its intention to do so execute or cause the street works to be properly carried out.
(2) The costs of the execution of the street works or of causing the street works to be properly carried out by the local authority shall be recovered from the deposit made or security given under section 18 (2).
20 PART II STREETS-20. Refund of deposit when street works have been completed.
(1) Where a deposit has been made or security given under section 18 (2) and street works have been carried out to the satisfaction of the local authority, the local authority shall refund to the person who made such deposit or gave such security the whole or part of such deposit or security.
(2) The local authority may retain the deposit or security or any part of such deposit or security if, it is of the opinion that :
(a) the street works have not been executed properly; or
(b) the building operations, in regard to the erection of any building which have not been commenced or completed, would require further street works to be executed; or
(c) such deposit or security is required for a period of maintenance, which period shall not exceed twelve months.
(3)
In this section and in section 19 "building operations" means such works 21 PART II STREETS-21. Refund of deposit when building operations are not commenced.
(1) Any person who has made a deposit or given a security under section 18 (2) and who subsequently decides not to proceed with the erection of any building, without having commenced any building operations, shall serve the local authority notice of this intention not to proceed with the erection of such building.
(2) The local authority shall, upon receipt of such notice, cancel the approval of the plans and specifications in respect of such proposed building.
(3) The local authority shall refund the deposit or part thereof or return such security or part thereof as it may determine.
22 PART II STREETS-22. Preparation of scheme for building.
(1) Where the local authority has reason to believe that any land is likely to be used for building purposes, it may prepare a scheme consistent with any plans made under any law relating to town and country planning, showing the streets, back-lanes and open spaces which it deems necessary to secure proper sanitary conditions, amenity and convenience in connection with the laying out and the use of such land and of any neighbouring lands.
(2) The local authority shall as soon as the scheme is prepared publish a public notice of the preparation of the scheme in the Gazette and in such local newspaper or newspapers as the local authority may determine, giving particulars of place or places where copies of the scheme may be inspected, inviting objections in writing from any person with respect to the scheme and stating the period (which shall not be less than one month) within which such objections may be made.
(3) If no objection
23 PART II STREETS-23. Regular line of street may be prescribed.
(1) The local authority may, with the sanction of the State Authority, prescribe a line on each side of a public street within which, except under section 34 no portion of any building abutting on the said street shall, after such line has been prescribed, be constructed.
(2) A line so prescribed shall be called "the regular line of the street".
24 PART II STREETS-24. Local authority in certain cases may take possession of land within the regular line of street.
(1) When any building or any part of a building which lies within the regular line of the street falls down or is burned down or is taken down the local authority may take possession of the portion of land within the regular line of the street that was occupied by the said building and, if necessary, clear the same.
(2) If any land, whether open or enclosed, lies within the regular line of the street and is not occupied by a house, or if a platform, verandah, step or some other structure external to a house abutting on a public street or a portion of a platform, verandah, step or other such structure is within the regular line of the street, the local authority may, after giving to the owner of the land or building not less than seven clear days' notice in writing of its intention to do so, take possession of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or such other structure and, if ne
25 PART II STREETS-25. Provision of footways, etc.
(1) Wherever there is a frontage to the public street vacant of houses to a depth of four feet or more, lying between arcades or public footways or between such buildings and another street, the local authority may, by notice in writing, require the owner or owners of such vacant frontage or the owners of the several frontages making up the same forthwith to allow without compensation a footway of a width of seven feet or equal to the vacant depth of the frontage whichever is less, to be made for the use of the public along the said frontage, and, if necessary for this purpose, to set back any wall, fence, paling, hedge or other similar erection separating his or their land from the public street to a distance not exceeding seven feet from the edge of the street within three months from the date of the notice.
(2) The cost of constructing and maintaining any footway proposed to be made under the powers given in this section, as well as the cost
26 PART II STREETS-26. Local authority may put up lamp-posts and lamps.
(1) The local authority may cause lamp-irons, lamp-posts or other lighting apparatus to be put up or fixed upon or against the walls or palisades of any building or enclosure, doing as little damage as is practicable thereto, or to be put up or erected in such other manner within any street, road or place as it deems proper and may cause such number of lamps of such sizes and sorts to be provided and affixed and put on such lamp-irons and lamp-posts as are necessary for lighting all or any of such streets, roads and places and cause the same to be lighted during such hours as are necessary.
Troughs and pipes to be fixed.
(2) The owner of every house or building shall, within twenty-one days after the service of notice from the local authority to that effect, put up and keep in good condition proper troughs, gutters and pipes for receiving and carrying the water from the roof and other part of such house or building and for disc
27 PART II STREETS-27. Situation of water-pipes, etc., to be altered at the expense of the local authority.
(1) If the local authority deems it necessary for the purposes of this Act to raise, sink, lower or otherwise alter the situation of any water-pipe or other waterworks, electric lighting cable or main telegraph wire or other electric lighting apparatus or telegraph apparatus laid in any street, it may, by notice in writing, require the person or authority, to whom any such pipes, works, cables, mains or apparatus belong or under whose control they are, to cause forthwith, or as soon as conveniently may be, any such pipes, works, cables, mains or apparatus to be raised, sunk, lowered or otherwise altered in position in such manner as it directs:
Provided that such alteration is not such as to permanently injure such works, cables, mains or apparatus or to prevent the water from flowing as freely and conveniently as before.
(2) The expenses attending such raising, sinking, lowering or altering, and reasonable compensation for the damage d
28 PART II STREETS-28. Where road is injured by excavation local authority may repair and recover expenses.
(1) If the roadway, drain or verandah-way in or adjoining any public street is damaged by or in consequence of any excavation on land adjoining such roadway, drain or verandah-way the local authority may repair and make good the damage done.
(2) All costs and charges arising therefrom shall be paid to the local authority by the owner of the land on which the excavation has been made.
29 PART II STREETS-29. Names of streets.
(1) The local authority may, subject to the approval of the State Authority, determine the name by which any street shall be known and may alter the name of any street or part of a street.
(2) The local authority may cause the name of any street to be painted, or otherwise marked, in a conspicuous position on any house, building or erection in or near such street and from time to time alter or renew such inscription of the name of any street, if the name of the street is altered or such inscription becomes illegible or damaged.
(3) Any person who destroys, pulls, down, defaces, covers or conceals any inscription of the name of a street which has lawfully been set up, or sets up in any street any other name different from the name lawfully given to such street, shall be liable on conviction to a fine not exceeding five hundred ringgit.
30 PART II STREETS-30. Designation of fire-hydrants.
(1) The local authority may cause to be affixed on a conspicuous part of any house or building a plate indicating the position of the nearest fire-hydrant and may place fire alarms, electric or otherwise, at convenient places in the streets.
Penalty.
(2) Any person who destroys, pulls down, defaces, covers or conceals any such plate shall be liable on conviction to a fine not exceeding five hundred ringgit.
31 PART II STREETS-31. Numbers on houses.
(1) The local authority shall in its discretion allot a number to any house or building and may fix a mark displaying such number in a conspicuous place on the outside of any house or building or at the entrance of the enclosure fronting the street, and may from time to time change such number and replace or refix any mark displaying such number.
Penalty for destroying.
(2) Any person who destroys, pulls down, defaces, covers or conceals any such mark shall be liable on conviction to a fine not exceeding five hundred ringgit.
(3) The owner and occupier of such house or building shall protect such number.
(4) The expense of replacing or refixing any such number which has been destroyed, pulled down, defaced, covered or concealed shall be paid by the occupier or, if the house or building is unoccupied, by the owner, and shall be recoverable in the manner hereinafter provided.
32 PART II STREETS-32. Doors not to open outwards.
(1) All doors, gates, bars and ground-floor windows opening upon any street shall be hung or placed so as not to open outwards except when the same are hung or placed in such manner as, in the judgment of the local authority, to cause no obstruction in any such street.
(2) If any door, gate, bar or window is hung or placed so as to open outwards on any such street, the owner of the premises to which the same is attached shall, within fourteen days after the service of such notice from the local authority to that effect, cause the same to be altered so as not to open outwards.
33 PART II STREETS-33. Projections from houses not to be allowed.
(1) The local authority may give notice in writing to the owner or occupier of any house or building to remove or alter any projection, encroachment or obstruction which has been or may be erected or placed against or in front of such house or building, if the same overhangs or juts into or in any way projects into or encroaches upon or is an obstruction to the safe and convenient passage along any public street or obstructs or projects or encroaches into or upon any aqueduct, drain or sewer in such street.
Same to be removed.
(2) Such owner or occupier shall, within fourteen days or such extended time as the local authority may allow, after the service of such notice upon him, remove such projection, encroachment or obstruction or alter the same in such manner as therein directed.
Owner may recover expenses from occupier.
(3) In case such projection, encroachment or obstruction was made or put up by th
34 PART II STREETS-34. Projecting verandahs, etc., may be made in streets not less than 40 feet wide.
(1) The local authority may give permission in writing to owners of houses or buildings fronting, adjoining or abutting on public street of not less than forty feet in width to project open verandahs, balconies, sun shades, weather-frames and signboards and may, in granting such permission, impose any condition it thinks fit.
(2) On breach of any such condition the local authority may give the owner or occupier notice to comply with such condition and, if such condition is not complied with within thirty days, a Magistrate's Court shall, on the application of the local authority, make a mandatory order for the removal of such projection.
Penalty.
(3) Any person who contravenes any of the conditions imposed under subsection (1) shall be liable on conviction to a fine not exceeding one thousand ringgit and shall also be liable to a further fine not exceeding two hundred and fifty ringgit for every day during which the off
35 PART II STREETS-35. Sky-signs.
(1) No sky-sign shall be erected in any place within the area of the local authority without the prior written permission of the local authority.
(2) The local authority may give to the owner or occupier of any premises upon which any sky-sign is so erected notice in writing to remove the same, and the owner or occupier shall remove the same within fourteen days after service of such notice.
36 PART II STREETS-36. Hedges and trees bordering streets to be trimmed.
(1) The local authority may by notice in writing require the owner or occupier of any land to trim or prune the hedges thereon bordering any street so that they do not exceed seven feet in height from the level of the street, and, in the case of hedges within fifteen yards of a corner, four feet in height from the level of the street, and to cut and trim all trees or branches of trees overhanging any street.
(2) If the owner or occupier fails to comply with the notice within the period specified therein, the local authority may itself cause the work to be done and recover the cost and expenses thereof in the manner hereinafter provided.
37 PART II STREETS-37. Prevention of grass fires.
(1) Where the local authority is satisfied that any grass, or other vegetation whether growing or not is in a combustible state or likely to be dangerous to life or property in case it should become lighted, the local authority may by notice in writing require the owner or occupier of the land on which the same is growing or lying to remove the same from the land within a period specified by the notice.
(2) If the notice is not complied with, the local authority at any time after the expiration of the specified period may, if it thinks fit, cause the work specified in the notice to be done, and the cost and expenses of so doing shall be paid to the local authority by the owner or occupier in default and shall be recoverable in the manner hereinafter provided.
(3) If any fire occurs on any land in respect of which a notice under subsection (1) has been given after the time limited by such notice and before the notice has been fully compl
38 PART II STREETS-38. Trees not to be planted within twelve feet of street.
(1) No tree unless it is of a specie allowed by the local authority shall be planted within twelve feet of any street or back-lane.
(2) Any person who plants any tree in contravention of this section shall be liable on conviction to a fine not exceeding five hundred ringgit, and the tree may be cut down or dug up by order of the local authority.
Compensation in certain cases.
(3) Any tree standing within twelve feet of or overhanging any street or back-lane may be cut down or dug up by order of the local authority:
Provided that where such tree being a fruit tree was planted before the street or back-lane was laid out or intended for a street or back-lane, the local authority shall make such compensation not exceeding fifty ringgit to the owner thereof as is just.
39 PART II STREETS-39. Taking up pavement.
(1) Any person who displaces, takes up or makes any alteration in the pavement, flags or other materials or in the fences or posts of any public street without the prior written permission of the local authority or without other lawful authority shall be liable on conviction to a fine not exceeding fifty thousand ringgit.
(2) Any person who damages or causes or permits any damage to be done to any street, footway, verandah-way, works or property, or any part thereof, belonging to the local authority or along which the public has a right of passage, shall be liable on conviction to a fine not exceeding one hundred thousand ringgit.
(3) Notwithstanding subsections (1) and (2), the local authority may give notice in writing to direct the person to rectify the displacement, take up or make any alteration of the pavement, flags or other materials or in the fences or posts of the public street or execute such repairs on the damages done to th
40 PART II STREETS-40. Prohibition of laying rails, mains, pipes, etc., along streets.
(1) No person shall lay or carry any line of rails, mains, pipes, conduits or electric lines along, through, across, over or under any street or any place laid out or intended for a street within any local authority area without the prior written permission of the local authority which permission may be granted or not at the discretion of the local authority and upon such terms as it thinks fit.
Penalty.
(2) Any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding one thousand ringgit, and the local authority may remove the lines of rails, mains, pipes, conduits or electric lines at his expense.
41 PART II STREETS-41. Precautions against accident. Bars to be erected across streets during repairs and lights placed at night.
(1) The local authority, any person, or any other authority, shall, while carrying out the construction or repair of any street, back-lane, sewer or drain take proper precaution against accident by shoring up and protecting the adjoining houses and causing such bars, chains or posts to be fixed across or in any street or road to prevent the passage of carriages, carts or other vehicles, while such works are carried on as to it seems proper and causing the works to be sufficiently lighted and guarded during the night.
Penalty.
(2) Any person, or other authority (but not the local authority) who fails to comply with the provisions of subsection (1) shall be liable on conviction to a fine not exceeding one thousand ringgit.
(3) Any person who takes down, alters or removes any such bar, chain or post or extinguishes any such light without the authority or consent of the local authority shall be liable on conviction to a fin
42 PART II STREETS-42. Materials not to be deposited without permission.
(1) No person shall deposit any building materials or make a hole in any street or back-lane without the prior written permission of the local authority.
Fencing and lighting materials or hole.
(2) When such permission is granted to any person, he shall at his own expense until the materials are removed or the hole is filled up or otherwise made secure to the satisfaction of the local authority, cause such materials or such hole to be sufficiently fenced and enclosed and shall cause the area to be sufficiently lighted during the night.
Penalty.
(3) Any person who deposits materials or makes a hole without such permission or having been granted permission, who fails to fence or enclose or light such materials or hole or who fails to remove such materials or fill up such hole or otherwise make it secure within such time as may be specified in the permission, shall be liable on conviction to a fine not exc
43 PART II STREETS-43. Dangerous places to be repaired or enclosed.
(1) If, in the opinion of the local authority, any tank, well, hole or other place is, due to want of sufficient repair, protection or enclosure or any other cause, dangerous to the public, it shall give notice in writing to the owner thereof to repair, protect or enclose the same forthwith so as to prevent danger therefrom.
(2) Any owner who fails without reasonable cause to comply with such notice shall be liable on conviction to a fine not exceeding one thousand ringgit, and the local authority may itself repair, protect or enclose the same.
(3) All costs and expenses arising therefrom shall be paid to the local authority by the owner of the tank, well, hole or other place.
44 PART II STREETS-44. Duty of owner or occupier to keep street clean.
(1) The owner or the occupier of any premises abutting upon any private street to which they have access or the right of access from such premises shall cause such portion of the street as abuts on his premises and up to the centre thereof including the footways, to be properly swept and cleaned so far as is reasonably practicable and the dust, dirt, ashes, rubbish and filth of every sort found thereon to be collected and removed.
Notice to owner or occupier to keep street clean.
(2) The local authority may by notice in writing require any person upon whom any duty is cast under subsection (1) to sweep and clean such street and to collect and remove the dust, dirt, ashes, rubbish and filth found thereon at such time or times as may be specified in such notice.
Penalty for non-compliance.
(3) Any person to whom such notice is given who fails to comply with it shall be liable without further notice to a f
45 PART II STREETS-45. Watering streets.
The local authority shall, so far as it deems requisite for the public convenience, cause any street to be watered, and for that purpose the local authority may provide such works, engines and establishments as it thinks necessary.
46 PART II STREETS-46. Obstruction.
(1) Any person who :
(a) builds, erects, sets up or maintains or permits to be built, erected or set up or maintained any wall, fence, rail, post or any accumulation of any substance, or other obstruction, in any public place;
(b) without the prior written permission of the local authority covers over or obstructs any open drain or aqueduct along the side of any street;
[Am. Act A867]
(c) deposits or causes to be deposited any box, bale or package or merchandise, utensils, crockery, or other article or thing in any public place for a longer time than is necessary for loading or unloading such merchandise or article;
(d) deposits or causes to be deposited any goods, article or thing used for or in connection with his trade in any public place;
(e) deposits or causes to be deposited timber, scrap iron, derelict vehicles or any
47 PART II STREETS-47. Depositing dirt on streets, etc.
(1) Any person who :
(a) places, deposits or throws or causes or allows to be placed, deposited or thrown any dust, dirt, paper, ashes, carcase, refuse, boxes, barrels, bales or other article or thing in any public place;
(b) keeps or leaves any article or thing whatsoever in any place where it or particles therefrom have passed or are likely to pass into any public place;
(c) dries any article of food or other article or thing in any public place;
(d) throws, places, spills or scatters any blood, brine, swill, noxious liquid or other offensive or filthy matter of any kind in such manner as to run or fall into any public place;
(e) drops, spills, or scatters any dirt, sand, earth, gravel, clay, loam, stone, grass, straw, shavings, sawdust, ashes, garden refuse, stable refuse, trade refuse, manure, garbage or any other thing or matter in any public place, w
48 PART II STREETS-48. Interpretation, sections 46 and 47.
For the purposes of sections 46 and 47 :
"garden refuse" means the refuse from garden and agricultural operations;
"public place" means any street, park, garden, promenade, fountain, traffic island or circus, playground, river bank, whether above or below high water mark, place of a public resort or any place to which the public has access;
"stable refuse" means the dung or urine of horses, cattle, sheep, goats or swine, and the sweepings or refuse or drainage from any stables or cattle-sheds or places for keeping sheep, goats, swine or poultry;
"trade refuse" means the refuse of any trade, manufacture or business or of any building operations;
"vehicle" means any vehicle whether mechanically propelled or other 49 PART III DRAINS-49. (Deleted).
[Act A867]
50 PART III DRAINS-50. Local authority to construct and maintain drains and water-courses.
(1) The local authority may cause to be made and constructed and maintained surface and storm water drains, culverts, gutters and water-courses and if necessary the local authority may request the State Authority to acquire any property in accordance with any law relating to the compulsory acquisition of lands for the time being in force in the State where the property is situate or may carry them through, across or under any street or any place laid out as or intended for a street or any cellar or vault which is under any street and, after reasonable notice in writing in that behalf may carry them into, through or under any enclosed or other lands whatsoever, doing as little damage as may be and making full compensation for any damage done:
Provided that no compensation shall be payable for any loss of business due to any works done under this section.
(2) If any dispute arises touching the amount or apportionment of compensation, the
51 PART III DRAINS-51. Local authority may recover cost of improving and making drains etc.
(1) Where the local authority has made such main or has made such surface or storm water drains, culverts, gutters and water-courses, it may recover the cost of constructing and making such surface or storm water drains, culverts, gutters and water-courses, including the cost of acquiring any land or of any compensation paid in the course of such works.
[Am. Act A867]
(2) Such cost shall be paid by the persons who are frontagers when the work is completed.
(3) Notwithstanding subsection (2) the local authority may, with the approval of the State Authority, if satisfied that by any proposed development in any area existing surface or storm water drains, culverts, gutters or water-courses will have to be improved, require any developer in that area to deposit such sum as may be apportioned by the local authority as if such developer were a frontager before proceeding to develop that area:
Provided th
52 PART III DRAINS-52. Prohibition against building unless provision made for drains, etc. and compliance with any notice or order.
(1) No person shall erect upon any premises any building, rebuild any building which has been pulled down to or below ground floor or occupy any building so newly-built or rebuilt unless surface or storm water drains, culverts, gutters and water-courses of such specification as may be prescribed by the local authority, are provided on such premises to carry off waters other than sewage.
(2) If it appears to the local authority that a group or block of premises, whether contiguous, adjacent, detached or semi-detached should be drained in combination, the local authority may order that the waters other than sewage from such group or block of premises shall be carried off by a combined operation.
(3) Where it appears to the local authority that any such drains, culverts, gutters and water-courses require altering, enlarging, repairing or cleansing, it may by notice served on the owner or owners of the premises require him to effect such wo
53 PART III DRAINS-53. Local authority to repair and alter and may discontinue surface and storm water drains, etc.
(1) The local authority shall maintain and keep in repair and, as it sees fit, enlarge, later, arch over or otherwise improve all or any of the surface and storm water drains, culverts, gutters, and water-courses under the control of the local authority and may discontinue, close up or destroy such of them as it deems useless or unnecessary:
Provided that the local authority shall before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such works do as little damage as may be and shall make full compensation for any damage done.
[Am. Act A867]
Not to cause nuisance.
(2) The discontinuance, closing up or destruction of any of them shall be done as not to create a nuisance.
(3) If by reason thereof or of any such alteration as hereinbefore mentioned any person is d
54 PART III DRAINS-54. Cleansing and emptying surface and storm water drains, etc.
(1) The local authority shall cause the surface and storm water drains, culverts, gutters and water-courses under the control of the local authority to be so constructed, maintained and kept as not to be a nuisance or injurious to health and to be properly cleared, cleansed and emptied and, for the purpose of flushing, cleansing and emptying the same, it may construct and place, either above or under ground, such reservoirs, sluices, engines and other works as are necessary:
Provided that the local authority shall, before entering any private property for the purpose of carrying out any work under this subsection, give reasonable notice in writing in that behalf, and shall in carrying out such work do as little damage as may be and shall make full compensation for any damage done.
[Am. Act A867]
(2) The local authority may, with the sanction of the State Authority, cause all or any of such surface and stor
55 PART III DRAINS-55. Penalty for making unauthorised drains into public canal or stream.
(1) Any person who without the prior written permission of the local authority :
(a) makes or causes to be made any drain into any of the drains or into any canal or stream under the control of the local authority;
[Am. Act A867]
(b) closes up stops or deviates any drains,
[Am. Act A867]
shall be liable on conviction to a fine not exceeding one thousand ringgit, and a Magistrate's Court on the application of the local authority, shall make a mandatory order requiring the owner to demolish, alter, re-make or otherwise deal with such drain as the Court thinks fit.
Water closets and trade effluent not to communicate with river, etc., without approval.
(2) No water-closet or privy shall be allowed to communicate with any river, canal, stream, pond, lake, sea or with any public surface or storm water dra
56 PART III DRAINS-56. Rain-water pipes not to be used as soil-pipes.
(1) No pipe used for the carrying off of rain water from any roof shall be used for the purpose of carrying off the soil or drainage from any privy or water-closet or any sullage water.
(2) Any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.
57 PART III DRAINS-57. Water pipes, etc., not to be used as ventilating shafts.
(1) No water-pipe, stack-pipe or down spout used for conveying surface water from any premises shall be used or be permitted to serve or to act as a ventilating shaft to any drain or sewer.
(2) Any person who contravenes subsection (1) shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.
58 PART III DRAINS-58. Interpretation.
(1) In this section, unless there is something repugnant in the subject or context :
"closet accommodation" , "sink accommodation" and "urinal accommodation" include respectively a receptacle for human excreta, for slops or waste house-hold refuse or liquids and a receptacle for urine, together, in each case, with the structure comprising such receptacle and the fittings and apparatus connected therewith;
"bathroom accommodation" includes the bath or receptacle for water together with the structure or room or enclosure adapted or used for personal bathing or ablution and the fittings and apparatus thereof and therein or connected therewith;
"water-closet" and "urinal" mean respectively closet and urinal accommodation used or adapted or intended to be used in connection with the water carriageway system and compris 59 PART III DRAINS-59. Local authority may require removal or alteration of urinals.
(1) If any urinal or other sanitary convenience opening on any street is so placed or constructed as to be a nuisance or offensive to public decency, the local authority may, by notice in writing, require the owner to remove or alter it to the satisfaction of the local authority and within such period as may be fixed by the local authority.
Urinals or water-closets to be attached to refreshment houses etc.
(2) Where any public house, eating-house, refreshment room, theatre, cinema, exhibition or place of public entertainment has no urinal or water-closet or insufficient urinals or water-closets belonging or attached thereto, the local authority may, by notice in writing, require the owner of the premises to provide and maintain thereon one or more suitable urinals or water-closets in a suitable position.
(3) Any owner who fails to comply with a notice under this section within such period as is specified therein shall b
60 PART III DRAINS-60. (Deleted).
[Act A867]
61 PART III DRAINS-61. Ventilating pipes to sewers.
(1) The local authority may erect or fix to any building such pipes as are necessary for the proper ventilation of the drains and sewers belonging to it.
(2) Such pipes shall be erected so as not to occasion any nuisance or inconvenience to such building or any building in the neighbourhood.
62 PART III DRAINS-62. (Deleted).
[Act A867]
63 PART III DRAINS-63. (Deleted).
[Act A867]
64 PART III DRAINS-64. (Deleted).
[Act A867]
65 PART IV BACK-LANES-65. Local authority may acquire land for part of back-lane.
(1) Where upon the submission of a plan relating to a building for the approval of the local authority it appears that the site thereof or any land set apart by the principal submitting person abuts upon any land capable of forming part of a back-lane, the local authority may request the State Authority to acquire such last mentioned land, in accordance with any law relating to the compulsory acquisition of land:
[Subs. Act A1286]
Provided that no land shall be acquired under this subsection the acquisition of which would cause a severance of land from other land forming part of the same holding.
Acquisition of whole building if part rendered useless.
(2) Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of such building, the State Authority shall, if the owner so requires, acquire the remainder of the holding of which
66 PART IV BACK-LANES-66. State Authority may order back-lanes to be laid out.
(1) The State Authority may at any time on the recommendation of the local authority, order that a back-lane of a width not exceeding forty feet shall be laid out through any lands.
(2) The lands specified in the order made under subsection (1) may be acquired for the purpose of providing such back-lane and the local authority may request the State Authority to acquire such lands in accordance with any law relating to the compulsory acquisition of land.
Specification of additional land in the order.
(3) Any land which, in the opinion of the State Authority, may be required to be acquired by it under the provisions of subsection (4) or (5) or which abuts on or is near to the site of the backlane may be specified in the order made under subsection (1) in addition to the land required for the site of the back-lane.
Acquisition of whole building if part rendered useless.
(4) Where the acquisition un
67 PART IV BACK-LANES-67. Local authority may recover cost of acquisition for and laying out or construction of back-lanes.
(1) When the State Authority has acquired such lands as is necessary and the local authority has laid out or constructed a back-lane, the local authority may recover the cost of acquiring such lands and of laying out or constructing the back-lane from the frontagers or developers or both.
(2) If such cost is to be paid by the frontagers it shall be paid by the persons who are frontagers when the work is completed.
(3) In determining the respective amounts to be paid by such frontagers or developers, the local authority shall take into consideration :
(a) the frontage of their respective premises to such backlane;
(b) the area of their respective premises;
(c) the degree of benefit to be derived by those premises from the laying out or construction of such back-lane;
(d) the cost of the premises voluntarily surrendered by the owners to the local authority; a
68 PART IV BACK-LANES-68. Declaration of back-lane as public street.
Notwithstanding the provisions of this Part, the local authority may declare any back-lane to be a public street in accordance with the procedure laid down under section 13.
69 PART IV BACK-LANES-69. General provisions as to back-lanes.
(1)
In this Act and in by-laws made thereunder the expression "backlane" includes every back-lane whether now or hereafter existing and any part thereof and any approach thereto and all land already or hereafter acquired or set apart for or laid out as a back-lane and all channels, drains and appurtenances of a back-lane. (2) The local authority may at any time at its sole discretion close up or otherwise prevent ingress, egress or regress over any back-lane controlled by it or any thereof either totally or conditionally.
Removal of obstruction.
(3) No person shall erect or maintain or permit to be erected or maintained any obstruction in or over any back-lane, and the local authority may, where any such obstruction exists, take down and remove the same and the cost and expense of taking down or removing such obstruction may be recovered from the person responsible for or who
70 PART V BUILDINGS-70. Notice of new buildings.
(1) No person shall erect any building without the prior written permission of the local authority.
(2) Any person who intends to erect any building shall cause to be submitted by a principal submitting person or submitting person:
[Subs. Act A1286]
(a) to the local authority such plans and specifications as may be required by any by-law made under this Act;
(b) to the relevant statutory authority such plans and specifications as may be required by any other written law and
(c) to the local authority or the relevant statutory authority a geotechnical report for erection involving slope with a gradient more than twenty-five degrees and total vertical height more than ten metres which the report shall be verified by the Accredited Checker registered with the Board of Engineers under the Registration of Engineers Act 1967 [Act 138] .
70A PART V BUILDINGS-70A. Earthworks.
(1) No person shall commence or carry out or permit to be commenced or carried out any earthworks without having first submitted to the local authority plans and specifications in respect of the earthworks and obtained the approval of the local authority thereto.
(2) Where the earthworks are to be commenced or carried out for the purpose of the construction of any building, street, drain, sewer, or embankment, or for the laying of any cable or pipe, or for the purpose of any other construction or work whatsoever, the plans and specifications relating to such construction or work required to be submitted under this Act or any by-laws made thereunder shall be submitted to the local authority at the same time as the plans and specifications in respect of the earthworks.
(3) In granting the approval under subsection (1) the local authority may impose such conditions as it deems fit.
(4) The local authority may, where it certifies th
70B PART V BUILDINGS-70B. Order to review safety and stability in the course of erection of building.
(1) Where there are changes to the topography, features to the land or the surrounding area brought about by the erection of building or natural causes which are not in conformity with any approved plan in relation thereto, the local authority may carry out a visual inspection.
(2) Where the local authority reasonably suspects there is a defect, deformation or deterioration in the structure of a building under erection which may likely result in the failure of the building, the local authority may issue to the owner of the building an order to review the safety and stability of :
(a) the building;
(b) the foundation of the building; and
(c) the surroundings on which the erection of building is in progress.
(3) The review shall be undertaken by a qualified person other than the submitting persons who prepared and certified the plans, calculations, particulars,
70C PART V BUILDINGS-70C. Revocation of approval of any plan, specification and permission.
Where a person has been convicted for an offence under section 70B (15), the local authority may revoke the approval of any plan and specification and permission given under this Act and he shall, upon receipt of the notice of such revocation, forthwith cease the whole of the erection building.
[Ins. Act A903]
70D PART V BUILDINGS-70D. Inspection of erection of building at any stage and taking of sample for analysis.
(1) Nothing contained in this Act shall prevent the local authority or any person authorised by it or on its behalf from :
(a) inspecting any erection of building at any stage;
(b) giving a notice in writing of any deviation from the approved plan or specification or non-compliance with any provision of this Act which it or he may observe; and
(c) ordering such deviation or non-compliance to be rectified.
(2) The local authority or any person authorised by it or on its behalf may, if its or his duties so require, take reasonable samples of any building material for analysis as it or he considers necessary, and such sample may be disposed off in such manner as it or he may direct.
(3) No payment shall be made for any sample taken under subsection (2) but a receipt for any such sample shall be given.
[Ins. Act A903]
71 PART V BUILDINGS-71. Penalty for failure of building or earthworks.
Where any building or part of a building fails, whether in the course of construction or after completion, or where there is any failure in relation to any earthworks or part of any earthworks, whether in the course of the carrying out of the earthworks or after completion thereof, and the cause of such failure is due to any one or more of the following factors :
(a) misconstruction or lack of proper supervision during construction;
(b) misdesign or miscalculation; or
(c) misuse,
of such building or part of such building, or of such earthworks or part of such earthworks, the person responsible for :
(aa) such misconstruction or such lack of proper supervision;
(bb) such misdesign or miscalculation; or
(cc) such misuse,
shall be liable on conviction to a fine not exceeding five hundre
72 PART V BUILDINGS-72. Demolition or removal of unauthorised building.
(1) Where the local authority is satisfied that a building has been erected or is in the course of erection or is about to be erected in contravention of section 70 or, if such building has been erected prior to the coming into force of this Act, in contravention of any law then in force relating to buildings and in respect of which building approval under any law was not given subsequently, the local authority may by notice served on the owner of the land require him to do any one or more of the following acts :
(a) to abstain from commencing or proceeding with the erection of such building;
(b) to demolish such building within such time as the local authority may specify; and
(c) to take steps as may be ordered by the local authority.
(2) Where the owner is unable to demolish such building within the time specified in the notice, the owner may request the local auth
73 PART V BUILDINGS-73. Penalty for letting out and sale of unauthorised building.
(1) Any person who is not the owner of the premises and who sells or enters into an agreement to sell a building which has been erected or is in the course of erection in contravention of section 70 shall be guilty of an offence under this Act and shall on conviction be liable to imprisonment for a term which shall not exceed two years or to a fine not exceeding ten thousand ringgit or to both such imprisonment and fine.
(2) Any person who erects or causes to be erected any building in contravention of section 70 shall, if such building is subsequently sold or agreed to be sold, be guilty of an offence under this Act and shall on conviction be liable to imprisonment for a term which shall not exceed two years and shall also be liable to a fine not exceeding ten thousand ringgit.
(3) Any person who lets or enters into an agreement to let an unauthorised building for rent or any other consideration shall be guilty of an offence under this
74 PART V BUILDINGS-74. Modification or waiver of by-laws.
(1) The local authority may on receipt of an application in relation to any particular building or structure, and provided it is satisfied that such waiver or modification as hereinafter mentioned will not render the building or structure unsafe, modify or waive, upon and subject to such terms and conditions as it thinks fit, any of the requirements of any by-laws relating to the construction of buildings.
(2) Any such application shall be made in writing to the local authority by or on behalf of the owner of the particular building or structure or of the particular part of such building or structure to which such application relates and shall state the nature and extent of and reasons for the proposed modification or waiver of such requirement and shall be accompanied by such plans, sections, elevations and particulars as may be required.
Rights of owners of adjoining premises.
(3) If it appears to the local authority
75 PART V BUILDINGS-75. Land to be set apart for back-lane.
(1) The local authority shall not approve any plan submitted pursuant to section 70 relating to a building unless :
(a) a back-lane if required by the local authority of such width not exceeding forty feet as may at the discretion of the local authority be required, is shown on the plan, or vacant land is shown on the plan to be set apart or acquired for a back-lane of such width as aforesaid, and owner reimburses the local authority for any moneys at any time paid for the acquisition by any means for the portion of such back-lane or such vacant land to the centre thereof which abuts on the holding in respect of which the plan is submitted to the extent to which it so abuts; or
[Am. Act A1286]
(b) the owner sets apart a vacant strip of his land sufficient, with or without other land previously so set apart or acquired, to form a backlane or part of a back-lane of such width n
76 PART V BUILDINGS-76. Prohibition of building on insanitary ground.
(1) No new building shall be erected on any ground which has been filled up with any matter impregnated with faecal, animal or vegetable matter or upon which any such matter has been deposited unless and until such matter has been properly removed by excavation or otherwise or has been rendered or become innocuous.
Penalty.
(2) Any person who does, causes or wilfully permits any act in contravention of this section shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine not exceeding one hundred ringgit for every day during which the offence is continued after conviction.
77 PART V BUILDINGS-77. Buildings over public sewers, etc., not to be erected without consent of local authority.
No building shall be erected over any public sewer, private connection pipe, public surface or storm water drain, culvert, water-course, river or stream or any water main, electric cable or wire without the prior written permission of the local authority or the controlling statutory authority concerned as the case may be.
[Am. Act A867]
78 PART V BUILDINGS-78. Removal of roofs and walls made of combustible materials.
(1) Any person who, being the owner of any building which external roof is or walls are made of grass, leaves, mats, attaps or other combustible materials and which is less than twenty-five feet from any other building separately occupied or from any street, does not remove such roof or walls, as the case may be, within ninety days after a notice to do so has been served on him, shall be liable on conviction to a fine not exceeding one hundred ringgit for every day during which such default continues after service of notice.
Renewal or repairing with combustible materials.
(2) Any person who after service of such notice issued under subsection (1) makes, renews or repairs any building with any combustible materials as are mentioned in subsection (1) or causes any such building to be so made, renewed or repaired shall be liable on conviction to a fine not exceeding five hundred ringgit and shall also be liable to a further fine
79 PART V BUILDINGS-79. Erection of compartments, galleries, lofts, etc., in buildings.
(1) No person shall erect or cause or permit to be erected in any building any partition, compartment, gallery, loft, roof, ceiling or other structure without having the prior written permission of the local authority.
(2) In every such case the owner shall be presumed until proved to the contrary to have commenced or carried out such erection.
Local authority may remove.
(3) The local authority, its agents or servants may enter any such building and remove any partition, compartment, gallery, loft, ceiling or other structure which has been erected without the prior written permission of the local authority in which event the person in default or if the person in default is unknown or untraceable or even if traceable is unable to pay the expenses incurred, the owner shall pay to the local authority the costs and expenses of :
(i) demolishing such structure;
(ii) removal of the movable proper
80 PART V BUILDINGS-80. Movable shed not to be erected without permission.
Any person who erects or causes or permits to be erected, keeps or permits to be kept on his land or the land which he occupies any movable shed or movable structure intended to act as a roof without the prior written permission of the local authority shall be guilty of an offence and shall on conviction be liable to a fine of one thousand ringgit and the Magistrate's Court shall on application of the local authority, make a mandatory order requiring such person to remove such movable shed or structure.
81 PART V BUILDINGS-81. Local authority may cause drains to be made for premises which are not properly drained.
(1) If any premises is at any time not drained of waters other than sewage to the satisfaction of the local authority by a sufficient drain or pipe communicating with some drain or some other place at which the local authority is empowered to drain waters other than sewage, and if there are such means of drainage within one hundred feet of the boundary of such premises, the local authority may give a notice in writing requiring the owner thereof to construct or lay for such premises a drain or pipe of such materials, of such size, at such level and with such fall as it may specify for the draining of such premises.
[Am. Act A867]
(2) If the owner fails to comply with such notice within thirty days from the date thereof, a Magistrate's Court shall, on the application of the local authority, make a mandatory order requiring the owner to construct or lay such drain or pipe, or the local authority may carry out such w
82 PART V BUILDINGS-82. Hoardings to be set up during building operations.
(1) No person intending to build or take down any building or to alter or repair the outward part of any building, shall do so without the prior written permission of the local authority and without causing sufficient hoardings or fences to be put up in order to separate the building where such works are being carried on from any street or footway.
(2) Where permission has been granted to any person to do any of the works stated in subsection (1), such person shall :
(a) maintain such hoardings or fences as are required in subsection (1) in good condition and to the satisfaction of the local authority;
(b) cause such hoardings or fences to be well lighted at night; and
(c) remove such hoardings or fences or any scaffolding used in such works within such time as may be specified by the local authority.
Penalty.
(3) Any such person who contraven
83 PART V BUILDINGS-83. Powers as regards buildings in ruinous and dangerous state.
(1) If after conducting such inquiry as it thinks fit, the local authority is satisfied that any building or anything affixed thereon is in a ruinous state, likely to fall or is in any way dangerous to any person therein or foot passengers on the streets adjoining such building, the local authority shall serve notice on the owner of such building requiring him to either repair the defects or demolish the building or anything affixed thereon within such period of time as the local authority may specify and the local authority may also require such owner to put up such hoardings or fences of such specifications and within such period of time as it may specify.
(2) Notwithstanding any notice under subsection (1), if the local authority is satisfied that it is dangerous for any person to remain or reside inside such building, it may by notice require every occupier of and every lodger in such building to vacate the building within such period of ti
84 PART V BUILDINGS-84. Power to shut up and secure deserted buildings.
(1) If any building or land, by reason of abandonment or disputed ownership or other cause, remains untenanted and thereby becomes liable to be a resort of idle and disorderly persons or otherwise becomes a public nuisance and is complained of by any two or more of the neighbours or by a police officer not below the rank of Assistant Superintendent or by the Health Officer, the local authority, after due inquiry may cause notice in writing to be given to the owner or the person claiming to be the owner, if he is known and resident in Malaysia, or, if he is not known or so resident, may cause such notice to be put on the door of the building or some conspicuous part of the premises, requiring the persons concerned therewith, wherever they may be, to secure and enclose the same or to abate the nuisance within such period of time as it may specify.
(2) Any person who fails to comply with the requirements of the notice shall be liable on conviction
85 PART V BUILDINGS-85. Building to which public has access.
(1) The owner or the occupier of any building or any part thereof to which the public has access shall :
(a) regularly clean and keep clean and in good repair such building or part thereof; and
(b) keep such building or part thereof free of any condition which may endanger the life or health of his employees, members of the public and other users thereof.
(2) Where, in the opinion of the local authority, the owner or the occupier of any such building or part thereof fails to comply with subsection (1) (a) or (b) , the local authority may, by notice in writing, require such owner or occupier within such period as may be specified therein to take such steps as the local authority deems fit.
(3) Any person who contravenes subsection (1) or refuses, neglects or fails to comply within such period as may be specified in any notice issued by the local authority under
85A PART V BUILDINGS-85A. Periodical inspection of buildings and slopes.
(1) In this section :
"engineer" means a Professional Engineer registered under the Registration of Engineers Act 1967; [Am. Act A1286]
"owner" means owner of a building or land and in relation to a subdivided building includes-
(a) the owner of a parcel of the building;
(b) any person who is responsible for the building; or
(c) the joint management body and management corporation under the Strata Management Act 2013 [Act 757] .';
[Subs. Act A1588]
(2) This section shall apply to a building exceeding five storeys and any storey of a building which is or at a level lower than the ground storey, and a land with slope having a gradient more than twenty-five degrees and total vertical height more than
86 PART V BUILDINGS-86. Nuisances liable to be dealt with summarily under this Act.
For the purposes of sections 87, 88, 89 and 90 :
(a) any premises or part thereof of such a construction or in such a state as to be a nuisance or injurious or dangerous to health;
(b) any pool, gutter, water-course, cistern, water closet, water sealed latrine, privy, urinal, septic tank, sewer or drain so foul or in such a state or so situate as to be a nuisance or injurious or dangerous to health;
(c) any building which :
(i) is not kept in a clean state and free from effluvia arising from any sewer, drain, privy, water sealed latrine, septic tank, urinal or other nuisance; or
(ii) is not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust or other impurities generated in the course of the work carried on therein that are a nuisance or injurious or dangerous to health;
(d) any huts or
87 PART V BUILDINGS-87. Notice requiring abatement of nuisance.
(1) On receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Act, the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default or sufferance the nuisance arises or continues or, if such person cannot be found, on the occupier or owner of the premises on which the nuisance arises, requiring him to abate the same within the time specified in the notice and to execute such works and do such things as are necessary for that purpose and, if the local authority thinks it desirable, specifying any works to be executed.
Power to require works to be executed.
(2) The local authority may also by the same or another notice served on such occupier, owner or person require him to do what is necessary for preventing the recurrence of the nuisance and, if the local authority thinks it desirable, specify any works to be execut
88 PART V BUILDINGS-88. On non-compliance with notice, nuisance order to be made.
(1) If either :
(a) the person on whom notice to abate a nuisance has been served as aforesaid makes default in complying with any of the requisitions thereof within the time specified; or
(b) the nuisance, although abated since the service of the notice, is in the opinion of the local authority likely to recur on the same premises;
on complaint by the local authority a Magistrate's Court hearing the complaint may make on such person a summary order, in this Act referred to as a "nuisance order".
Nuisance order.
(2) A nuisance order may be an abetment order or a prohibition order or a closing order or a combination of such orders.
Abatement order.
(3) An abatement order may require a person to comply with all or any of the requisitions of the notice, or otherwise to abate the nuisance within a time specified in the order.
P
89 PART V BUILDINGS-89. Order for demolition of house unfit for habitation.
(1) Where a closing order has been made in respect of any dwellinghouse and has not been cancelled by a subsequent order, the local authority, if of the opinion that :
(a) the dwelling-house has not been rendered fit for human habitation;
(b) the necessary steps are not being taken with all due diligence to render it so fit; or
(c) the continuance of any building being or being part of the dwelling-house is dangerous or injurious to the health of the public or of the inhabitants of the neighbouring dwelling-houses,
may make a complaint to a Magistrate's Court, and such court after hearing the complaint may make on the owner a summary order for the demolition of such dwelling-house within a time specified in such order.
(2) The order may also contain a direction that the materials of the building or any part of such materials shall be destroyed.
90 PART V BUILDINGS-90. Execution of order for demolition.
(1) Where an order for the demolition of a building has been made, the owner thereof shall, within the time mentioned in such order, take down and remove the building and, if the order for demolition so directs and to the extent therein mentioned, destroy the materials thereof.
(2) If the owner fails to comply with the order, the local authority or any person authorised by the local authority in writing in that behalf shall proceed to take down and remove the building and, if necessary, destroy the materials, and may recover the costs of such work from the owner.
(3) The provisions of section 104 shall apply to any sum recoverable from the owners under this section.
91 PART VI MISCELLANEOUS-91. Mandatory order.
(1) Whenever any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work to which the provisions of this Act apply, and such owner or occupier after due notice fails to erect or remove such building or thing or to perform such work within the specified time, the local authority may make a complaint and the Magistrate's Court upon hearing the complaint shall make on such owner or occupier a summary order, in this Act referred to as a "mandatory order", requiring such owner or occupier to execute the required work.
Terms of mandatory order.
(2) A mandatory order shall require the person to whom it is directed to execute any work which the court is authorised to require to be executed within a time to be specified in such order and shall also require such person to pay to the local authority a sum for costs and expenses incurred in obtaining such mandatory order.
<
92 PART VI MISCELLANEOUS-92. Provision as to appeal against order.
(1) Where a person appeals to the High Court against a mandatory order, no liability to a fine shall arise nor, save as in this section mentioned, shall any proceedings be taken or work done under such order until after the determination or abandonment of such appeal.
Penalty where appeal fails.
(2) Where a mandatory order is made and a person does not comply with it and appeals against it to the High Court and such appeal is dismissed or is abandoned, the appellant shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit a day during the non-compliance with the order, unless he satisfies the court before which proceedings are taken for imposing a fine that there was substantial ground for the appeal and that the appeal was not brought merely for the purpose of delay and, where the appeal is heard by the High Court, the court may, on dismissing the appeal, impose the fine as if the court were the cour
93 PART VI MISCELLANEOUS-93. Proceedings where owner is unknown.
(1) Where the name or address of the owner of any premises with regard to which a Magistrate's Court is empowered to make a mandatory order is unknown and cannot with reasonable diligence be discovered, such court may issue a summons addressed to the owner of the premises.
(2) Such summons may be served in the manner specified in section 120.
(3) If the owner does not appear upon the hearing of the summons, such court may make such an order upon him in his absence as it might have made in his presence except that it shall not inflict any fine upon him.
94 PART VI MISCELLANEOUS-94. In case of urgency order may be made ex parte.
(1) If in any case in which a Magistrate's Court has jurisdiction to make a mandatory order, the court is of the opinion that the matter complained of will be injurious or dangerous to public health or safety and the immediate execution of the work will not cause any injury which cannot be compensated by damages, such court may, by an ex parte order, authorise the local authority immediately to execute such work.
(2) If the application for a mandatory order is subsequently refused, the local authority shall pay the damages, sustained by any person thereby, but if the mandatory order is subsequently granted the local authority may recover the cost of the work.
95 PART VI MISCELLANEOUS-95. Protection of the State Authority and officers from personal liability.
(1) No matter or thing done and no contract entered into by any State Authority and no matter or thing done by any officer employed in the administration of this Act or other person whomsoever acting under the direction of any State Authority shall if the matter or thing was done or the contract was entered into bona fide for the purpose of executing this Act, subject them or any of them personally to any action, liability, claim or demand whatsoever.
(2) The State Authority, local authority and any public officer or officer or employee of the local authority shall not be subject to any action, claim, liabilities or demand whatsoever arising out of any building or other works carried out in accordance with the provisions of this Act or any by-laws made thereunder or by reason of the fact that such building works or the plans thereof are subject to inspection and approval by the State Authority, local authority, or such public officer o
96 PART VI MISCELLANEOUS-96. Indemnity by local authority.
Any expense incurred by any State Authority, officer or other person acting in accordance with the provisions of section 95 shall be borne by the local authority.
97 PART VI MISCELLANEOUS-97. Power to enter upon lands for the purposes of this Act.
Any local authority may, for the purposes of this Act, by its officers, employees, agents or contractors, enter at all reasonable hours in the daytime into and upon any building or land as well for the purpose of making any survey or inspection as for the purpose of executing any work authorised by this Act to be executed by it without being liable to any legal proceedings or molestation whatsoever on account of such entry or of anything done in any part of such building or land in pursuance of this Act:
Proviso.
Provided that the local authority shall not enter into any dwelling-house in actual occupation, except with the consent of the occupier thereof or after giving twenty-four hours' previous notice to such occupier:
Provided also that the State Authority may declare that any class of premises, for the control and supervision of which by-laws may be made under this Act, are liable to night inspection, and thereupon
98 PART VI MISCELLANEOUS-98. Power of any authority to enter on lands adjacent to works.
(1) Any local authority may, by its officers, employees, agents or contractors, enter upon any land adjoining to or being within the distance of one hundred yards of any works by this Act authorised to be made, for the purpose of depositing upon such land any soil, gravel, sand, lime, brick, stone or other materials or for any other purposes connected with the formation of the said works without making any previous payment, tender or deposit, doing as little damage as may be in the exercise of the several powers hereby granted and making compensation for such temporary occupation or temporary damage of the said land to the owner and occupier thereof from time to time and as often as any such temporary occupation is taken or any such temporary damage done and making compensation to the owner also for the permanent injury, if any, to such land.
(2) If any dispute arises touching on the amount or apportionment of such compensation, the same shall
99 PART VI MISCELLANEOUS-99. Any local authority in executing works to provide alternative roads, etc., where existing ones are interrupted, etc.
(1) Any local authority in executing any works directed or authorised to be made shall provide and make a sufficient number of convenient ways, water-courses, drains and channels in the place of such as are interrupted, injured or rendered useless by reason of the execution of such works.
(2) The local authority shall make reasonable compensation to any person who suffers damage by reason of the same, the amount of such compensation in case of dispute to be ascertained and determined in the manner hereinafter provided.
100 PART VI MISCELLANEOUS-100. Penalty for obstructing any authority in its duty.
Any person who at any time hinders, obstructs or molests any local authority or any of its officers, employees, agents or contractors in the performance and execution of its duty or of anything which it is respectively empowered or required to do by virtue or in consequence of this Act, or removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorised by this Act, shall be liable on conviction to a fine not exceeding one thousand ringgit or to imprisonment for a term which may extend to six months.
[Am. Act A903]
101 PART VI MISCELLANEOUS-101. Compensation damages and costs to be determined by court.
(1) Except as herein otherwise provided in all cases when compensation, damages, fees, costs or expenses are by this Act directed to be paid by the local authority to any person or by any person to any other person the amount and, if necessary, the apportionment of the same and any question or liability shall, in case of dispute or failure to pay, be summarily ascertained and determined by a Magistrate's Court.
(2) If the amount of compensation, damages, fees, costs or expenses is not paid by the party liable to pay the same within seven days after demand, such default may be reported to a Magistrate's Court and such amount recovered in the same way as if it were a fine imposed by a Magistrate's Court.
(3) An appeal shall lie to the High Court from any decision of a Magistrate's Court under this section, and the provisions of the Criminal Procedure Code shall mutatis mutandis apply to all such appeals.
102 PART VI MISCELLANEOUS-102. Where occupier defaults owner may execute work.
Whenever default is made by an owner of any premises in the execution of any work required under this Act to be executed by him, an occupier of such premises may, with the approval of the local authority, cause such work to be executed and the expense thereof shall be paid to him by the owner or the amount may be deducted out of the rent from time to time becoming due from him to such owner and such occupier may, in the absence of any special agreement to the contrary, retain possession until such expense has been fully reimbursed to him.
103 PART VI MISCELLANEOUS-103. Exemption of agent who has no funds in hand.
(1) No person receiving the rent of premises as receiver or agent for another person shall be liable to do anything by this Act required to be done by the owner of such premises if, after he or the actual owner has been required to do any work, such person gives notice to the local authority, within seven days after such requisition has been made, that he has not sufficient funds of the person on whose behalf he is receiving the rents to pay for such work.
(2) In such case the local authority may itself execute the work and the expenses incurred thereby shall be charged and recoverable in the manner hereinafter provided.
104 PART VI MISCELLANEOUS-104. Recovery of expenses and costs payable by owners.
(1) All and any sums payable by or recoverable from the owner or owners in respect of expenses and costs incurred by the local authority in or about the execution of any work which are, under this Act, recoverable from the owner or owners of any premises shall, subject and without prejudice to any other rights of the local authority, be a first charge on the premises in respect of which such expenses or costs have been incurred.
(2) In addition to any other remedies conferred by this Act any such sum may be recovered in the manner hereinafter provided, and the person or persons liable to pay the same shall be the owner or owners at the time when the work was completed.
(3) Any occupier who when requested by or on behalf of the local authority to state the name of the owner of the premises refuses or wilfully omits to disclose or wilfully mis-states the same shall, unless he shows cause to the satisfaction of the court for his refusal or
105 PART VI MISCELLANEOUS-105. Recovery of expenses and costs by instalments.
(1) When any local authority has incurred expenses and costs in or about the execution of any work, which are, under this Act, payable by or recoverable from the owner or owners, the local authority may either recover such expenses and costs in manner hereinbefore provided or, if it thinks fit, may take an engagement or engagements from such owner or owners for the payment of such instalments as will be sufficient to defray the whole amount of such expenses and costs with interest thereon at a rate not exceeding six per centum per annum, within a period not exceeding ten years.
(2) Upon default in payment of any instalment or interest upon the date appointed for payment thereof by any such engagement, the whole of the balance then outstanding of such amount, together with any interest in arrears, shall immediately become due and payable and, notwithstanding any change in the ownership or occupation of the premises since the date of the engageme
106 PART VI MISCELLANEOUS-106. Proceedings for recovery of arrears.
(1) For the recovery of arrears the local authority shall have and may exercise, either successively or concurrently, in addition to any other remedies conferred by this Act, either or both of the powers following, that is to say :
(a) the local authority may issue a warrant of attachment and may seize by virtue thereof any movable property and crops of any person liable to pay the arrears and may also seize any movable property or any crops to whomsoever belonging which are found on the premises in respect of which the arrears are due and may, after service of the prescribed notice, sell the same by public auction in the prescribed manner;
(b) the local authority may, by notice of sale to be served or published in the prescribed manner, declare its intention of selling, at the expiration of three months from the date of such notice of sale, the premises in respect of which the arrears are due and, if, at
107 PART VI MISCELLANEOUS-107. Attachment.
(1) The attachment mentioned in paragraph (a) of subsection (1) of section 106 may be made by a person appointed for the purpose by the local authority who shall publicly notify the attachment and shall take in inventory of the property attached.
(2) Such person shall be deemed to be a public servant within the meaning of the Penal Code
(3) Such person may break open in daytime any house or building for the purpose of effecting such attachment.
108 PART VI MISCELLANEOUS-108. Application of proceeds.
(1) The proceeds of a sale under subsection (1) of section 106 shall be applied in the first place in satisfaction of the arrears together with interest thereon at the rate of six per centum per annum and costs.
(2) In the event of there being any surplus remaining the local authority shall, if satisfied as to the right of any person claiming such surplus, pay the amount thereof to such person or, if not so satisfied, shall hold the amount in trust for the person who may ultimately succeed in due course of law in establishing his title thereto.
(3) If no title is established to such surplus within a period of two years from the date of the sale, it shall be paid into the Improvement Service Fund of the local authority.
109 PART VI MISCELLANEOUS-109. Title conferred by purchase at sale under section 106.
(1) The purchaser at a sale held under paragraph (b) of subsection (1) of section 106 shall be deemed to have acquired the right offered for sale free from all subordinate interests derived from it except such as are expressly reserved by the local authority at the time of sale.
(2) The local authority shall notify in such manner as it deems fit the result of the sale and the conveyance to the purchaser of the property or right offered for sale.
110 PART VI MISCELLANEOUS-110. Cost of proceedings for recovery of arrears.
All costs of any proceedings for the recovery of arrears may be recovered as if they formed part of such arrears.
111 PART VI MISCELLANEOUS-111. Power to stop sale.
If any person having any interest in any property liable to be sold at any time previous to such sale tenders to the local authority the arrears with interest and costs, the local authority shall thereupon desist from all further proceedings in respect thereof.
112 PART VI MISCELLANEOUS-112. Application to court.
(1) If any person whose movable property, crop or land has been attached or advertised for sale disputes the propriety of the attachment or sale, he may apply for an order to stay the proceedings.
(2) The court, after hearing the local authority and making such further inquiry as is necessary, shall make such order as is just.
113 PART VI MISCELLANEOUS-113. Security to be given.
No application shall be entertained by the court under section 112 unless the applicant has deposited in court the amount of the arrears and costs or given security for the same to the satisfaction of the court.
114 PART VI MISCELLANEOUS-114. Liability of transferor.
(1) Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the local authority in or about the execution of any work which are, under this Act, recoverable from the owner thereof shall continue to be liable for the payment of all such costs and expenses payable in respect of such property and for the performance of all other obligations imposed by this Act upon the owner of such property which become payable or are to be performed at any time before such notice of transfer has been given.
(2) Nothing herein shall affect the liability of the purchaser or transferee to pay such expenses or costs in respect of such property or affect the right of the local authority to recover such costs and expenses from or to enforce any obligation under this Act against the purchaser or transferee.
115 PART VI MISCELLANEOUS-115. Proceedings if an occupier opposes the execution of works.
(1) If the occupier of any premises prevents the owner thereof from carrying into effect in respect of such premises any of the provisions of this Act after notice of his intention so to do has been given by the owner to such occupier, a Magistrate's Court, upon proof thereof and upon application of the owner, may make an order in writing, requiring such occupier to permit the owner to execute all such works with respect to such premises as are necessary for carrying into effect the provisions of this Act and may also, if it thinks fit, order the occupier to pay to the owner the costs relating to such application or order.
(2) If after the expiration of eight days from the date of the order such occupier continues to refuse to permit such owner to execute such works, such occupier shall, for every day during which he so continues to refuse, be liable on conviction to a fine not exceeding one hundred ringgit, and every such owner during the cont
116 PART VI MISCELLANEOUS-116. Disposal of matters and things removed by local authority.
(1) Any matter or thing removed by any local authority in executing any work which it is entitled to execute under this Act shall except as otherwise provided be the property of the local authority and may be sold by public auction or, if the local authority thinks the circumstances of the case require, may be sold otherwise or be disposed of without sale.
(2) The moneys arising from the sale may be retained by the local authority and applied in or towards the expenses incurred and the surplus, if any, shall be paid on demand to the owner of such matter or thing.
(3) If such surplus is not claimed within two years it shall be paid into the Improvement Service Fund of the local authority.
(4) If any matters or things belonging to several persons are removed by the local authority in executing any such work, it shall cause such matters or things, if sold, to be sold separately.
117 PART VI MISCELLANEOUS-117. Licences to be discretionary.
(1) The grant or renewal of any licence in pursuance of this Act or any by-laws made thereunder shall be in the discretion of the local authority or person authorised to grant or renew the same and a licence may be granted, renewed or refused without assigning any reason therefor and may be granted or renewed or refused without assigning any reason therefor and may be granted or renewed subject to such restrictions and conditions as the local authority or person granting or renewing the same may think fit and such licence shall be subject to suspension or revocation at any time without compensation and without notice by the local authority upon breach of any restriction or condition subject to which it was issued.
(2) The local authority or person authorised to grant or renew such licence may require any applicant therefor to furnish such information as the local authority or that person may reasonably require for a full and proper consideratio
118 PART VI MISCELLANEOUS-118. Notices, etc.
The State Authority may prescribe the form of notices and other documents issued under this Act.
119 PART VI MISCELLANEOUS-119. Receipts and notices may be given by officer authorised thereunto.
(1) All notices, orders, receipts, warrants and other documents of whatsoever nature which a local authority is empowered to give by this Act or any by-laws made thereunder may be given by any officer or employee authorised thereunto by the local authority.
(2) Where any such notice, order, receipt, warrant or document requires authentication, the signature or a facsimile thereof of the local authority or any officer or employee authorised thereunto by the local authority affixed thereto shall be sufficient authentication.
120 PART VI MISCELLANEOUS-120. Service of notices.
(1) Every notice, order, summons or document required or authorised by this Act or any by-laws made thereunder to be served on any person may be served :
(a) by delivering the same to such person or by delivering the same at the last known place of abode of such person to some adult member or servant of his family;
(b) by leaving the same at the usual or last known place of abode or business of such person in a cover addressed to such person; or
(c) by forwarding the same by post in a prepaid cover addressed to such person at his usual or last known place of abode or business.
(2) A notice, order, summons or document required or authorised by this Act or any by-laws made thereunder to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the "owner" or "occupier" of such premises without further
121 PART VI MISCELLANEOUS-121. Default in compliance with notice. General penalty.
(1) When any notice under this Act or any by-laws made thereunder requires any act to be done or work to be executed by the owner or occupier of any premises and default is made in complying with the requirement of such notice, the person in default shall, where no fine is specially provided for such default, be liable on conviction to a fine not exceeding ten thousand ringgit or if any work is required to be done, not exceeding one thousand ringgit a day.
[Am. Act A903]
(2) When any such notice requires any act to be done or work to be executed for which no time is fixed by this Act or any by-laws made thereunder, it shall fix a reasonable time for complying with the requirement.
122 PART VI MISCELLANEOUS-122. Court for trial of offences.
Any offence under this Act or any by-laws made thereunder may be tried by a Magistrate's Court.
123 PART VI MISCELLANEOUS-123. Prosecution.
[Subs. Act A1286]
No prosecution for an offence under this Act or any by-laws made thereunder shall be instituted except by or with the written consent of the Public Prosecutor.
124 PART VI MISCELLANEOUS-124. Employee of authority may demand names and addresses in certain cases.
(1) Any person who is charged by any officer or employee of the local authority or any police officer with any offence under this Act or any by-laws made thereunder shall give his name and address to such officer, employee or police officer, if so required.
(2) The occupier of any premises shall, if required by any officer or employee of the local authority or any police officer, give the name and address of the owner of the premises, if known.
Penalty.
(3) Any person who offends under this section or wilfully mis-states his name and address or the name and address of the owner of any premises shall be liable on conviction to a fine not exceeding two hundred and fifty ringgit.
125 PART VI MISCELLANEOUS-125. Power of arrest.
(1) Any police officer or any officer or employee of the local authority duly authorised in writing by the local authority generally or in any particular case may arrest any person committing any offence in his view or who he has reason to believe has committed any offence punishable under this Act or any by-laws made thereunder :
(a) if the name and address of the person are unknown to him;
(b) if the person declines to give his name and address; or
(c) if there is reason to doubt the accuracy of the name and address, if given.
(2) A person arrested under this section may be detained until his name and address are correctly ascertained:
Provided that no person so arrested shall be detained longer than is necessary for bringing him before a court unless the order of a court for his detention is obtained.
126 PART VI MISCELLANEOUS-126. Saving of prosecutions.
Nothing in this Act shall prevent any person from being prosecuted under any other law for any act or omission which constitutes an offence under this Act or any by-laws made thereunder or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or any by-laws made thereunder:
Provided that no person shall be punished more than once for the same offence.
127 PART VI MISCELLANEOUS-127. General penalties.
Any person guilty of an offence under this Act or any by-laws made thereunder for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding ten thousand ringgit and shall also be liable to a further fine not exceeding five hundred ringgit for every day that the offence is continued after conviction.
[Am. Act A1286]
128 PART VI MISCELLANEOUS-128. Damage to property of local authority to be made good in addition to penalty.
(1) If through any act, neglect or default any person has committed an offence under this Act or any by-laws made thereunder and by such act, neglect or default such person has caused damage to any property belonging to the local authority, such person shall in addition to any penalty that may be imposed for that offence, be liable to make good the damage.
(2) The amount of such damage shall, in case of dispute be determined by the court by which the party incurring such penalty is convicted.
(3) The amount of such damage shall be recovered as if it were a fine imposed by the court.
129 PART VI MISCELLANEOUS-129. Inaccuracies in documents.
No misnomer or inaccurate description of any person, premises, building, holding, street or place named or described in any document prepared, issued or served under, by virtue of or for the purposes of this Act or any by-laws made thereunder shall in any way affect the operation of this Act or any such by-laws as respects that person or place if that person or place is so designated in the document as to be identifiable, and no proceedings taken under or by virtue of this Act or any such bylaws shall be invalid for want of form.
130 PART VI MISCELLANEOUS-130. Evidence.
(1) The contents of any document prepared, issued or served under, by virtue of or the purpose of this Act shall until the contrary be proved be presumed to be correct and the production of any book purporting to contain any apportionment made under or by virtue of this Act or any by-laws made thereunder shall without any other evidence whatever, be received as prima facie proof of the making and validity of the apportionment mentioned therein.
(2) All records, registers and other documents required by this Act or any by-laws made thereunder to be kept by the local authority or by any public officer shall be deemed to be public documents and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies, or extracts, as the case may be, subscribed by such officer with his name and his official title shall be admissible in evidence as proof of the contents of such document or extract
131 PART VI MISCELLANEOUS-131. Evidential provisions.
Notwithstanding the provisions of any written law, in any proceedings under this Act or any by-laws made thereunder, a certificate for the purpose of establishing :
(a) the registered proprietor of any land;
(b) the registered owner of a motor vehicle;
which purports to be signed by the Collector of Land Revenue or the Registrar and Inspector of Motor Vehicles as the case may be shall unless the contrary is proved, be evidence of any fact stated therein.
132 PART VI MISCELLANEOUS-132. Improvement Service Fund.
(1) There shall be established for the purpose of this Act in each local authority a fund to be known as the "Improvement Service Fund" into which shall be paid all monies that may from time to time be paid to a local authority for the purposes of carrying out the provisions of this Act, all monies recoverable by the local authority from any person under this Act or any by-laws made thereunder and any contributions from any person towards the beautification, construction or laying out of any street, sewer, drain, culvert, gutter or water-course.
(2) The Improvement Service Fund shall be administered by the local authority at its absolute discretion.
(3) Without prejudice to the generality of paragraph (2) the local authority may pay out from the Improvement Service Fund any expenses which may be incurred in carrying out the provisions of this Act.
133 PART VII BY-LAWS-133. By-laws.
The State Authority shall have the power to make by-laws for or in respect of every purpose which is deemed by him necessary for carrying out the provisions of this Act, and for prescribing any matter which is authorised or required under this Act to be prescribed, and in particular and without prejudice to the generality of the foregoing for in respect of all or any of the matters specified hereunder :
(i) the laying or carrying of any line of rails, mains, pipes, conduits or electric lines (other than sewers) along, through, across, over or under any street or any place laid out or intended for a street;
[Am. Act A867]
(ii) the granting of licences for the carrying and maintenance of telegraphic wires or cables or wires for the conveyance of electricity along or across or under public streets and the fixing and levying of annual or other fees therefor;
(iii) the level, width and cons
134 PART VIII REPEALS, TRANSITIONAL PROVISIONS, ETC.-134. Repeals, transitional provisions, etc.
(1) The laws specified in the Schedule are hereby repealed as from the commencement of this Act.
(2) The Yang di-Pertuan Agong may, at any time within the period of five years beginning with the commencement of this Act, by order under this section :
(a) repeal any other written law in force immediately before that commencement and rendered obsolete or unnecessary by any provision thereof;
(b) make such repeals or amendments in any such law as he may consider necessary for the purpose of bringing the provisions thereof into accord with the provisions of this Act, or of supplementing the last-mentioned provisions in any respect:
Provided that the power conferred by this subsection shall not be exercised in respect of a State Law otherwise than with the concurrence of the State Authority.
135 PART VIII REPEALS, TRANSITIONAL PROVISIONS, ETC.-135. Power of State Authority to make transitional provisions, etc.
The State Authority may, by regulations, make such provision as it may consider necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Act, and any such regulations may be so made so as to have effect as from the commencement of this Act.
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