"action area"   means an area or areas shown in any development plan or has been declared as such in accordance with the provision of this Act to facilitate new development, redevelopment or improvement;

  "agriculture"   includes horticulture, farming, the growing of crops, fruits, vegetables or trees or the growing of any plants for use as fodder, dairy farming, the breeding and keeping of livestock, fish or bees, and the use of land for purposes ancillary to any of those activities or to any other agricultural activities but does not include the use of any land as a garden to be enjoyed together with a building attached on the land;

  "amenities"   means such quality or condition of a place or area as contributes to its pleasantness, harmony, and better enjoyment,

3 PART II FUNCTIONS AND POWERS OF THE COMMISSIONER-3. General planning policy.

The Minister shall be responsible for general policy with respect to the planning of the development of all lands within the Federal Territory and (subject to Clauses (5) and (6) of Article 91 of the Constitution) of the use of such lands and buildings and for such purposes the Minister may give directions of a general character or specific in nature not inconsistent with the provisions of this Act and the Commissioner shall give effect to such directions.

4 PART II FUNCTIONS AND POWERS OF THE COMMISSIONER-4. Advisory Board.

(1) There shall be established for the purpose of this Act a body to be known as the Federal Territory Planning Advisory Board, which in this Act is referred to as the "Advisory Board", to advise the Minister upon-

(a) the draft structure plan;

(b) the draft local plan;

(c) the declaration and revocation of action areas;

(d) the declaration of development areas; or

(e) such other matters as the Minister may from time to time refer to the

(2) The Advisory Board shall consist of-

(a) the Secretary General of the Ministry of the Federal Territory who shall be the Chairman;

(b) a representative of the Land Executive Committee established under the National Land Code;

(c) the Director General of Perbadanan Pembangunan Band

5 PART II FUNCTIONS AND POWERS OF THE COMMISSIONER-5. Commissioner to carry out functions and powers conferred and duties imposed by this Act.

(1) The Commissioner is hereby appointed to exercise all the functions and powers conferred and to perform the duties imposed on him by this Act.

(2) In his exercise of any functions and powers conferred or in his performance of any duties imposed by this Act, the Commissioner shall not be subject to the provisions of section 5 of the Federal Capital Act 1960; and any provisions in that Act referring to the Lembaga Penasihat Kuala Lumpur established under the said section 5 shall not apply to the Commissioner in his exercising of the functions and powers and in his performance of his duties under this Act.

(3) Where by or under this Act the Commissioner is empowered to exercise any powers or to perform any duties, he may in writing delegate subject to such conditions and restrictions as may be specified in such written delegation, the exercise of such powers or the performance of such duties to any person described by name or office;

6 PART II FUNCTIONS AND POWERS OF THE COMMISSIONER-6. Functions of the Commissioner.

(1) Subject to the provisions of this Act, the functions of the Commissioner shall be to regulate, control and plan the development of all lands within the Federal Territory and the use of such lands and buildings and to perform any such other functions as the Minister may assign to him.

(2) In particular and without prejudice to the generality of the foregoing provisions, the Commissioner may, and shall if directed by the Minister-

(a) prepare and implement the development plan;

(b) undertake, assist and encourage the collection, maintenance and publication of statistics, bulletins and other publications relating to town planning;

(c) prepare and furnish reports relating to the working of this Act; and

(d) perform any other function which is supplemental, incidental or consequential to any of the functions aforesaid or which may be assigned by the Minister.

7 PART III DEVELOPMENT PLANS-7. Draft structure plan, procedure of public notice and hearing of objections.

(1) On the date of this Act coming into force or as soon as possible thereafter, the Commissioner shall submit the draft structure plan prepared by him to the Minister for the Minister's consent to publish a public notice in the Gazette and in such local newspapers as the Commissioner may determine of the preparation of the draft structure plan for the Federal Territory.

(2) The public notice under subsection (1) shall contain-

(i) particulars of the place or places where copies of the draft structure plan may be inspected and where copies may be purchased on payment of the prescribed fees;

(ii) invitation for objections in writing stating the grounds for the objections from any person with respect to the draft structure plan; and

(iii) the period within which, but not less than one month from the date the notice is published, such objections may be made, provided that the period of objection may be

8 PART III DEVELOPMENT PLANS-8. Approval or rejection of draft structure plan by the Minister.

As soon as may be after the receipt of the draft structure plan, pursuant to subsection (4) or (7) of section 7 the Minister may-

(i) approve it; or

(ii) approve it with such modifications, as he may consider necessary; or

(iii) return it to the Commissioner for further consideration before granting his approval; or

(iv) reject the plan.

9 PART III DEVELOPMENT PLANS-9. Publication of public notice concerning the approved draft structure plan.

(1) Immediately after the draft structure plan has been approved by the Minister, the Commissioner shall publish a public notice in the Gazette and in such local newspapers as the Commissioner may determine of the approval of the draft structure plan with or without any amendments or modifications and of the place or places where copies of such plan may be inspected and where copies may be purchased on payment of the prescribed fees.

(2) From the date of publication of the public notice in the Gazette under this section, such structure plan as published shall come into effect.

10 PART III DEVELOPMENT PLANS-10. Alteration, addition, revision or replacement of structure plan.

(1) At any time after a structure plan for the Federal Territory comes into effect, the Commissioner may submit to the Minister and shall, if so directed by the Minister, submit to him within a period specified in the direction, proposals for such alteration, addition, revision or replacement in whole or in part to the plan as appear to the Commissioner to be expedient or as the Minister may direct, as the case may be.

(2) For the purpose of making proposals to carry out any alteration, addition, revision or replacement in whole or in part to the structure plan, the Commissioner may at his own instance and shall, if so directed by the Minister, institute such survey as may be necessary to examine the matters that may be expected to affect the development or the proper planning of the development of the Federal Territory.

(3) Without prejudice to the generality of subsections (1) and (2) the matters to be examined may include-

11 PART III DEVELOPMENT PLANS-11. Consent of the Minister and publication of notice.

Upon the proposals having been prepared under section 10 the Commissioner shall as soon as possible but in any case not later than the time, if any, prescribed by the Minister submit to the Minister for his consent to publish a public notice of the proposals, and subsections (2), (3), (4), (5), (6) and (7) of section 7 and sections 8 and 9 shall apply, with such modifications as may be necessary in relation to the draft structure plan.

12 PART III DEVELOPMENT PLANS-12. Declaration and revocation of action area.

The Commissioner with the approval of the Minister may at any time by notification in the Gazette and in such local newspapers as the Commissioner may determine, declare any area not already shown to be an action area on the development plan to be an action area or may revoke any action area shown on the development plan.

13 PART III DEVELOPMENT PLANS-13. Preparation of draft local plans.

(1) The Commissioner in the course of preparing a draft structure plan for the Federal Territory or before the Minister approves or rejects a draft structure plan that the Commissioner has prepared, may, if he thinks it desirable, prepare a draft local plan for any part of the area.

(2) Where a structure plan for the Federal Territory has come into effect, the Commissioner shall as soon as practicable consider, and thereafter keep under review, the desirability of preparing and, if he considers it desirable and he has not already done so, shall prepare, a draft local plan for any part or for the whole of the Federal Territory.

(3) A draft local plan shall consist of a map and a written statement and shall-

(a) formulate, in such detail as the Commissioner thinks appropriate, his proposals for the development and use of land in the area of the local plan, including such measures as the Commissioner thinks fi

14 PART III DEVELOPMENT PLANS-14. Publicity in connection with draft local plan.

When the Commissioner has prepared a draft local plan, he shall, before adopting it under section 16 but not before the structure plan comes into effect, publish a public notice in the Gazette and in such local newspapers as the Commissioner may determine of the preparation of the draft local plan and subsection (2) of section 7 shall apply with such modifications as may be necessary.

15 PART III DEVELOPMENT PLANS-15. Inquiries and hearings in respect of draft local plans.

The Commissioner shall wherever practicable hear any person including the representative of Government department or statutory body who has made a request to be heard at the time of filing the objection for making representation and if necessary he may call for a local enquiry.

16 PART III DEVELOPMENT PLANS-16. Adoption of draft local plan.

(1) After the expiry of the period afforded for making objections to or representation in respect of a draft local plan or, if such objections or representations have been duly made during that period after considering the objections or representations, the Commissioner may with the approval of the Minister, subject to subsection (2) adopt the plan either as originally prepared or as modified so as to take account of the objections or representations or for any matters arising therefrom, and thereupon the plan shall come into effect.

(2) The Commissioner shall cause the fact of his adoption of a draft local plan to be published in the Gazette and in such local newspapers as the Commissioner may determine, and of the place or places where the copies of such plan may be inspected and where copies may be purchased on payment of the prescribed fee.

17 PART III DEVELOPMENT PLANS-17. Alteration, repeal, and replacement of local plans.

(1) The Commissioner may at any time make proposals for the alteration, addition, revision, repeal or replacement in whole or in part of a local plan.

(2) Without prejudice to subsection (1), the Commissioner shall if the Minister gives him a direction in that behalf in respect of a local plan, as soon as practicable prepare proposals of a kind specified in the direction, being proposals for the alteration, addition, revision, repeal or replacement in whole or in part of the local plan.

(3) Subsection (6) of section 13 and sections 14, 15 and 16 shall apply in relation to the making of proposals for the alteration, addition, revision, repeal or replacement in whole or in part of a local plan.

18 PART III DEVELOPMENT PLANS-18. Suspension of development plan by the Minister.

(1) The Minister may at his own instance or on the recommendation of the Commissioner and by order published in the Gazette and any local newspaper as specified by the Commissioner suspend the development plan or part thereof for such period and in respect of such area within the Federal Territory as the Minister may deem fit if he is satisfied that having regard to such special circumstances it is expedient so to do.

(2) Where the Minister makes an order under subsection (1), he may in that order provide for such adaptation or modification of the provisions of this Act as may be necessary to bring them into accord with the suspension of the development plan or any part thereof in respect of the area to which the suspension relates.

19 PART IV PLANNING CONTROL-19. Use of land and buildings.

(1) Subject to the provisions of this Act no person shall use or permit to be used any land or building or commence, undertake or carry out any development otherwise than in conformity with the development plan or any planning permission granted under this Act in respect of the development.

(2) Notwithstanding subsection (1), the Commissioner may permit upon such terms and conditions as may be specified in the permit the continuance for such period as may be specified therein of the use of any land or building for the purposes and to the extent for and to which it was being used prior to the date this Act comes into force.

20 PART IV PLANNING CONTROL-20. Prohibition of development without planning permission.

(1) Without prejudice to subsection (2) of section 19, no person shall commence, undertake or carry out any development irrespective of whether or not the development is in conformity with the development plan unless-

(a) a development order granting planning permission in respect of the development has been issued to him under this Act; and

(b) where in respect of a development the provisions of section 40 apply, he has complied with the provisions of section 41.

(2) Notwithstanding subsection (1), no planning permission shall be necessary-

(a) for carrying out such works necessary for the maintenance, improvement or other alteration of any building which affect only the interior of the building and which do not-

(i) involve any change in the use of the land or building;

(ii) materially affect the external appearance of the b

21 PART IV PLANNING CONTROL-21. Application for planning permission.

(1) An application for planning permission in respect of a development shall be made to the Commissioner and shall be in such form and shall contain such particulars and be accompanied by such documents, plans and fees as may be prescribed.

(2) If the applicant is not the owner of the land on which the development is to be carried out, the written consent of the owner thereof to the proposed development shall be obtained and endorsed on the application.

(3) Where the development involves the erection of a building, the Commissioner may give written directions to the applicant in respect of any of the following matters, that is to say-

(a) the level of the site of the building;

(b) the line of frontage with neighbouring buildings;

(c) the elevations of the buildings;

(d) the class, design, and appearance of the building;

(e) the setting back

22 PART IV PLANNING CONTROL-22. Development order.

(1) The Commissioner shall have power exercisable at his discretion to grant planning permission or to refuse to grant planning permission in respect of any development irrespective of whether or not such development is in conformity with the development plan; provided however the exercise of the discretion by the Commissioner under this subsection shall be subject to the provisions of subsection (4) and section 23.

(2) Where the Commissioner decides to grant planning permission in respect of a development he may issue a development order-

(a) granting planning permission without any condition in respect of the development;

(b) granting planning permission subject to such condition or conditions as the Commissioner may think fit in respect of the development;

Provided that the Commissioner shall not issue a development order under this subsection unless he is satisfied that the provision of

23 PART IV PLANNING CONTROL-23. Appeal against decision of Commissioner.

(1) An appeal against the decision of the Commissioner made under subsection (1) or (2) of section 22 may be made to the Appeal Board within one month from the date of communication of such decision to him, by any applicant aggrieved by the decision of the Commissioner in refusing his application for planning permission or who is aggrieved by any condition imposed by the Commissioner in granting the planning permission in respect of his application.

(2) In considering any appeal the Appeal Board shall hear the appellant and the Commissioner.

(3) After hearing the appeal, the Appeal Board may make an order-

(a) confirming the decision of the Commissioner and dismissing the appeal; or

(b) allowing the appeal by directing the Commissioner to grant planning permission subject to such conditions as the Appeal Board may think fit; or

(c) allowing the appeal by directing the Commi

24 PART IV PLANNING CONTROL-24. Lapse of development order.

(1) A development order issued under this Act shall unless otherwise extended be valid for twelve months from the date of the issue of the order within which time the development shall commence in the manner specified in such order or the building plans in respect of the development shall be submitted in accordance with any law relating to the erection of buildings;

Provided that this subsection shall not apply in respect of a development order which is expressly mentioned therein that the planning permission granted does not involve any building operation.

(2) On an application being made in that behalf in the prescribed manner before the expiry of the period referred to in subsection (1) the Commissioner may on the payment of the prescribed fee by the applicant grant such extension or extensions to a development order as the Commissioner may deem fit.

(3) In granting an extension or further extension of a development order und

25 PART IV PLANNING CONTROL-25. Revocation and modification of development order, permission and approval.

(1) If it appears to the Commissioner that any development order issued under this Act or under Part V of the City of Kuala Lumpur (Planning) Act, 1973 should be revoked or modified, the Commissioner may order such development order or permission or approval to be revoked or modified to such extent as appears to him to be necessary.

(2) An order revoking a development order or a planning permission or an approval of a building plan shall state the period within which the person to whom the permission or approval was granted is required to demolish any building erected pursuant to the permission or approval and the maximum amount that the Commissioner is prepared to reimburse the person in respect of costs incurred by him in carrying out the demolition.

(3) If, within the period stated in the revocation order or such longer period as the Commissioner may allow, demolition has not been carried out or completed, the Commissioner may himsel

26 PART IV PLANNING CONTROL-26. Offences relating to unauthorised development.

(1) Any person who whether at his own instance or at the instance of any other person-

(a) commences, undertakes or carries out development in contravention of subsection (1) of section 19 or uses or permits to be used by any land in contravention of that section;

(b) commences, undertakes or carries out development in contravention of subsection (1) of section 20;

(c) commences, undertakes or carries out the development in contravention of any condition specified in a development order granting planning permission in respect of such development;

(d) commences, undertakes or carries out any development where the development order in respect of such development has lapsed under section 24;

(e) commences, undertakes or carries out any development where the development order or permission or approval for building plan as the case may be in respect of such dev

27 PART IV PLANNING CONTROL-27. Enforcement notice relating to development carried out in contravention of the law.

Where it appears to the Commissioner that any development or use of land or building has been undertaken or carried out or being carried out and has not been completed in contravention of section 26 the Commissioner may at any time serve on the owner of the land and or the occupier connected therewith an enforcement notice requiring any or both of them within such period as may be specified therein to comply with the requirements of the enforcement notice:

Provided that nothing in this section shall be construed to preclude the prosecution of any person for an offence under this Act.

28 PART IV PLANNING CONTROL-28. Effect of enforcement notice served pursuant to section 27.

(1) Any person on whom an enforcement notice is served pursuant to section 27 and who is aggrieved by such notice may within the period and in the manner prescribed apply for planning permission in respect of the development or for the retention on the land of any buildings or works or for the continuance of any use of the land, to which the enforcement notice relates.

(2) If an application for planning permission is made under subsection (1) the Commissioner shall have power exercisable at his discretion to determine whether to suspend the enforcement notice or proceed to take action in terms of the notice.

(i) the provisions of section 21 shall apply to any application for planning permission under this section provided however in addition to any fees required to be paid under section 21 a further fine as may be provided shall be payable for an application made under this section;

(ii) the Commissioner shall have

29 PART IV PLANNING CONTROL-29. Penalty for non-compliance with enforcement notice served pursuant to section 27.

(1) Without prejudice to subsection (4), if within the period specified in the enforcement notice served pursuant to section 27 or, as the case may be, within such period as may be specified by the Commissioner after the withdrawal or refusal of the application for planning permission made in connection therewith, the enforcement notice or so much of it as continues to have effect is not complied with the Commissioner or any authorised officer may enter with or without workmen upon the land and take such steps as may be necessary to execute the enforcement notice including the demolition or alteration of any building or works or the removal of any goods, vehicles or things from any building or land.

(2) The Commissioner may request the officer in charge of the police district in which action is to be taken to provide police officers to render assistance to any authorised officer in taking any action by virtue of subsection (1) and it shall be t

30 PART IV PLANNING CONTROL-30. Requisition notice.

(1) Without prejudice to section 27, if the Commissioner is satisfied-

(a) that any use of land should be discontinued; or

(b) that conditions should be imposed on the continued use thereof; or

(c) that any building or works on any land should be altered or removed, the Commissioner may, by notice, which in this Act is referred to as the "requisition notice", served on the owner of the land-

(i) require the discontinuance of that use; or

(ii) impose such conditions for the continued use of the land as may be specified in the requisition notice; or

(iii) require such steps as may be specified in the requisition notice to be taken for the alteration or removal of the buildings or works as the case may be;

and the owner shall, within such period as may be specified in the requisition notice, not being less than one month

31 PART V PRESERVATION AND PLANTING OF TREES-31. Provision for preservation and planting of trees.

(1) It shall be the duty of the Commissioner whenever it is appropriate at the time of granting planning permission or at any time thereafter to impose conditions for the preservation or planting of trees and the making up of open spaces.

(2) The Commissioner may at the time of granting permission and at any time thereafter require the applicant to deposit and deposit further with the Commissioner such amount as the Commissioner may determine to ensure that-

(a) the condition for the preservation or planting of trees will be complied with; and

(b) any open spaces are made up according to the approved plans and specifications.

(3) The amount determined by the Commissioner shall be deposited within such period as may be specified by the Commissioner.

32 PART V PRESERVATION AND PLANTING OF TREES-32. Commissioner may cause trees to be properly planted.

(1) If-

(a) the condition for the preservation and planting of trees is not complied with; or

(b) the open spaces are not made up in accordance with the approved plans and specifications, to the satisfaction of the Commissioner in any case where a deposit has been made under section 31, the Commissioner may, at any time, after service of a notice on the person who made the deposit cause the trees to be planted, or execute or cause works to be carried out to ensure that the open spaces are made up in accordance with the approved plans and specifications.

(2) The cost of any works to be carried out by the Commissioner under subsection (1) shall be recovered from the deposit made under section 31.

33 PART V PRESERVATION AND PLANTING OF TREES-33. Refund of deposit on completion of works.

(1) Where a deposit has been made under section 31 and the trees have been planted, or the open spaces are made out in accordance with the approved plans and specifications, the Commissioner may, upon an application being made refund to the person who made the deposit the whole or part of the deposit.

(2) The Commissioner may retain the deposit or part thereof if he is of the opinion that-

(a) the trees have not been properly planted; or

(b) the open spaces have not been properly made out in accordance with the approved plans and specifications; or

(c) it is required for a period of maintenance, which period shall not exceed twelve months from the date of completion of the works described in the approved plans and specifications.

34 PART V PRESERVATION AND PLANTING OF TREES-34. Refund of deposit where building works are not commenced.

Any person who has made a deposit under section 31 and who subsequently does not proceed with the implementation of the planning permission may notify the Commissioner who may, in his discretion, refund the deposit or part thereof as he may determine.

35 PART V PRESERVATION AND PLANTING OF TREES-35. Tree preservation order.

If it appears to the Commissioner that it is expedient in the interest of amenity to make provision for the preservation of any tree, trees or groups of trees in the Federal Territory, he may for that purpose make an order, which in this Act is referred to as a "tree preservation order", with respect to such tree, trees or groups of trees as may be specified in the order, and in particular, provision may be made by any such order-

(a) for prohibiting the cutting down, topping, lopping or wilful destruction of trees, except with the consent of the Commissioner; and

(b) for securing the replanting in such manner as may be directed by or under the order:

Provided that this section shall not apply to the cutting down, topping or lopping of trees which are dying or dead or for the prevention of imminent danger.

36 PART V PRESERVATION AND PLANTING OF TREES-36. Prohibition to cut tree with girth exceeding one metre.

(1) Notwithstanding section 35 no person shall, without the written permission of the Commissioner fell or cut any tree with a girth exceeding one metre growing on any land except where-

(a) the felling or cutting is for the prevention of imminent danger; or

(b) the felling or cutting is in compliance with any written law;

(2) For the purpose of subsection (1) the girth of a tree shall be measured half a metre from the ground provided that the girth of the tree with buttress shall be measured above the buttress.

(3) Any person who fells or cuts a tree in contravention of subsection (1) or who wilfully causes the death of a tree to which that section applies is guilty of an offence and is liable on conviction to a fine not exceeding five thousand ringgit.

(4) Where in any proceeding for an offence under this section it is proved that a tree was felled or cut, it shall b

37 PART V PRESERVATION AND PLANTING OF TREES-37. Replacement of trees.

(1) If any tree in respect of which a tree preservation order is for the time being in force is removed or destroyed in contravention of the order or is removed or destroyed or dies, it shall be the duty of the owner of the land, unless on his application the Commissioner dispenses with this requirement, to plant another tree of an appropriate size and species at the same place as he reasonably can.

(2) The duty imposed by subsection (1) on the owner of the land shall attach to the person who is from time to time the owner of the land and may be enforced as provided.

38 PART V PRESERVATION AND PLANTING OF TREES-38. Penalties for non-compliance with the preservation order.

If any person, in contravention of a tree preservation order cuts down or wilfully destroys a tree or tops or lops the tree in such a manner as to be likely to destroy it, he is guilty of an offence and is liable on conviction to a fine not exceeding five thousand ringgit.

39 PART V PRESERVATION AND PLANTING OF TREES-39. Enforcement of duties as to tree preservation order.

If a tree preservation order which requires replacement of a tree or trees is not complied with, the Commissioner may proceed to replace the tree or trees of such size and species as he may decide and the cost and expenses incurred thereby shall be paid by the person in default or the owner.

40 PART VI DEVELOPMENT CHARGE-40. Development charge and liability thereto.

(1) Where a local plan or an alteration of a local plan effects a change of use, density, plot ratio or floor area in respect of any land so as to enhance the value of the land, a development charge at the prescribed rates shall be levied in respect of any development of the land commenced, undertaken, or carried out in accordance with the change.

(2) Without prejudice to subsection (1), a development charge at such rates as may be prescribed shall also be levied by the Commissioner where the development order granting planning permission in respect of a development is subject to-

(a) a condition that such development may be carried out only if spaces for car parking are provided in such manner and to such extent as specified in the development order; and

(b) a further condition that the Commissioner may accept payment of a development charge at the prescribed rates in lieu of the provision of the

41 PART VI DEVELOPMENT CHARGE-41. Determination of development charge.

(1) Before granting planning permission for any development, the Commissioner shall determine whether a development charge is payable in respect of the development and, if payable, the amount thereof, and shall serve on the applicant for planning permission an order in the prescribed form demanding payment of the amount:

Provided that the Commissioner may in his discretion permit the development charge to be paid by such number of instalments as he deems just together with interest thereon at such rate as he may fix.

(2) Notwithstanding anything in this Act, the Commissioner may refuse to grant planning permission or revoke any development order granting planning permission for any development at any time if the development charge in respect of such development or any part thereof remains unpaid; and the provisions of section 25 shall not apply to any development order revoked under this subsection.

(3) The Commissioner may at a

42 PART VI DEVELOPMENT CHARGE-42. Appeal against assessment of development charge.

(1) If any person liable for a development charge is dissatisfied with the order made under subsection (1) or (3) of section 41 he may, within such time and in such manner as may be prescribed, appeal to the Appeal Board.

(2) The Appeal Board may, after hearing the Commissioner and the appellant make such order as it deems fit.

43 PART VI DEVELOPMENT CHARGE-43. Development charge to be a charge on land.

If any development is commenced or carried out without payment of the amount of the development charge determined under the provisions of this Part, the amount of the development charge shall be recoverable in the same manner as arrears of rates under any law relating to local government.

44 PART VI DEVELOPMENT CHARGE-44. Payment of monies into fund.

The Commissioner shall pay all monies collected under this Act into the fund constituted under any law relating to local government and notwithstanding the provisions of that law relating to the expenditure of monies out of that fund the Commissioner shall have power to expend such monies collected under this Act for the purposes of putting into effect the provisions of this Act:

Provided that any monies collected by virtue of subsection (2) of section 40 shall not be expended except for the purpose of providing spaces for car parking in the City.

45 PART VII APPEAL BOARD-45. Appeal Board.

(1) For the purpose of this Act there shall be appointed an Appeal Board consisting of three members, one of whom shall be the Chairman, which in this section is referred to as "the Chairman", and two other members who shall serve in the Appeal Board pursuant to subsection (5).

(2) There shall also be a Deputy Chairman of the Appeal Board, which in the section is referred to as "Deputy Chairman", who shall only serve in the Appeal Board if the Chairman is unable to exercise his functions owing to illness, absence from Malaysia or for any other cause whatsoever and when the Deputy Chairman serves in the Appeal Board under the aforesaid circumstances he shall exercise the functions of the Chairman.

(3) The Chairman and the Deputy Chairman shall be persons nominated by the Chief Justice of the High Court in Malaya, from amongst persons who are judges of such High Court or who for the ten years preceding the nomination have been advocates a

46 PART VIII PURCHASE NOTICE AND ACQUISITION OF LAND-46. Notice requiring purchase of land in certain cases.

(1) Without prejudice to the operation of any written law for the time being in force relating to the acquisition of land, a registered proprietor of land-

(a) for the development of whose land planning permission has been refused under section 22 on the grounds that the land is indicated in the development plan, whether expressly or by implication, as land intended for a public purpose and who claims that, by reason of the refusal, the land is incapable of reasonable beneficial use; or

(b) who claims that, by reason of compliance with a requisition notice in respect of his land served on him under section 30, the land is incapable of reasonable beneficial use,

may, in the prescribed manner, serve on the Commissioner a purchase notice in the prescribed form, requiring his interest in the land to be purchased in accordance with this section.

(2) There shall be served with the p

47 PART IX ACTION AREAS AND DEVELOPMENT AREAS-47. Service of an action area order.

(1) Where an area has been shown to be an action area on the development plan or has been declared to be an action area under section 12, the Commissioner shall either before or after adoption of the local plan for the area, serve an action area order on the owner of the lands affected thereby informing them-

(i) the date on which the area was indicated as an action area on the development plan or declared to be such under section 12;

(ii) the type of development, redevelopment or improvement that would be permitted or likely to be permitted either by individual lots or as a comprehensive development;

(iii) the period within which the development is to be commenced in the area and where the Commissioner considers it necessary, requesting that an application for planning permission be made within a specified period.

Declaration of development areas.

(2) If within the period spec

48 PART IX ACTION AREAS AND DEVELOPMENT AREAS-48. Effect of declaration.

(1) Every declaration under section 47 shall have effect as a declaration of intended acquisition under the Land Acquisition Act 1960 of all alienated lands situated within the area to which the declaration relates and any such land may, if the Commissioner is unsuccessful in negotiating his purchase of the lands on terms acceptable to the Commissioner, be acquired and paid for in accordance with the said Act.

(2) For the purpose of the said Act-

(a) any land intended to be acquired pursuant to this Part shall be deemed to be needed by the Commissioner;

(b) the Commissioner shall be deemed to be a corporation undertaking a work that is of public utility; and

(c) the land shall be deemed to be needed for the purpose referred to in paragraph (b) of section 3 of the said Act.

49 PART IX ACTION AREAS AND DEVELOPMENT AREAS-49. Commissioner may employ agents, enter into arrangements, and establish corporations.

(1) For the purpose of developing a development area in the discharge of his duty under this part, the Commissioner may with the approval of the Minister appoint or employ agents, and enter into any arrangement for sharing profits, union of interests, cooperation, joint venture, or reciprocal concession with any person, company or body.

(2) The Commissioner may with the approval of the Minister establish a corporation by such name as the Commissioner thinks fit, to develop, carry out and have the charge, conduct and management of any project scheme or enterprise that has been planned or undertaken by the Commissioner in the discharge of his duty under this Part of developing a development area.

(3) Every order made under subsection (2) shall make provision in respect of-

(a) the purposes and objects for which the corporation is established;

(b) the constitution of the corporation;

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50 PART IX ACTION AREAS AND DEVELOPMENT AREAS-50. Power to borrow money.

The Commissioner may, with the approval of the Minister and of the Minister of Finance on such terms and conditions as he may specity, borrow such sums of money as are necessary for financing the development of a development area.

51 PART IX ACTION AREAS AND DEVELOPMENT AREAS-51. Power to dispose of land and property.

The Commissioner may with the approval of the Minister sell, let, or otherwise deal with or dispose of any land or property in a development area.

52 PART X MISCELLANEOUS PROVISIONS-52. Power of entry.

(1) An authorised officer may, with or without assistants or workmen, enter upon or into any land or building for the purpose of-

(a) making any enquiry, inspection, measurement or survey or taking the levels of such land or building;

(b) setting out boundaries and intended lines of works;

(c) marking such levels, boundaries and lines by placing marks and cutting trenches;

(d) examining works under construction and ascertaining the course of sewers and drains;

(e) digging or boring into the sub-soil;

(f) ascertaining whether any development has been commenced, undertaken or carried out in contravention of any provision of this Act or rules made thereunder; and

(g) doing any other acts necessary for the efficient administration of this Act.

(2) No such entry shall be made-

(i) in t

53 PART X MISCELLANEOUS PROVISIONS-53. Service of document.

(1) All documents required by this Act or any rules made thereunder to be served upon any person shall, save as otherwise provided in this Act or rules be deemed to be duly served-

(a) where the document is to be served on a government department, railway or local authority or any statutory authority, company, corporation, society or other body if the document is addressed to the head of the government department, general manager of the railway services, secretary or principal officers of the local authority, statutory authority, company, corporation, society or any other body at its principal, branch, local or registered office as the case may be and is either-

(i) delivered at such office; or

(ii) sent by registered post to such office;

(b) where the document is to be served on a partnership, if the document is addressed to the partnership at its usual place of

54 PART X MISCELLANEOUS PROVISIONS-54. Authentication of documents.

(1) Every plan including map, development order, order, permit or notice including enforcement or requisition notice, prepared, issued, made or served by the Commissioner under, by virtue or for purposes of this Act shall be authenticated by the signature of the Commissioner or a person authorised in writing by the Commissioner.

(2) A certificate signed by the Commissioner certifying that any such document purporting to be prepared, issued, made or served by him was so prepared, issued, made or served shall be conclusive evidence of the fact so certified.

55 PART X MISCELLANEOUS PROVISIONS-55. Documentary proof.

(1) Every document referred to in section 57 and duly authenticated and certified in the manner thereto described and every document in the form of receipt, application, record or register issued, made or maintained under, by virtue of or for the purposes of this Act shall if duly certified by the Commissioner or an authorised officer in this behalf be admissible as proof of the contents of such document.

(2) A copy of any document referred to in subsection (1) or any extract therefrom, if duly certified by the Commissioner or any authorised officer in this behalf, shall be admitted as evidence of the matter and transaction therein expressed in any case where and to the same extent as the original of such document would if produced have been admissible to prove such matters and transactions.

(3) Notwithstanding the provisions of any written law, in any proceedings under this Act, a certificate for the purpose of establishing the registe

56 PART X MISCELLANEOUS PROVISIONS-56. Restriction on the summoning of the Commissioner, authorised officers and agents.

The Commissioner or any authorised officer or agent shall not be required in any legal proceeding to which the Commissioner is not a party, to produce any record, register or document the contents of which can be proved under section 55 by a certified copy, or to appear as a witness to prove the matters and transactions recorded therein, unless by order of the Court made for special cause.

57 PART X MISCELLANEOUS PROVISIONS-57. Prosecution.

(1) The Commissioner may direct any prosecutions for an offence under this Act or any rules made thereunder and the Commissioner may authorise in writing the incurring of such expense as may be necessary for such prosecution.

(2) Any authorised officer or any police officer not below the rank of an Inspector may conduct such prosecutions on behalf of the Commissioner.

58 PART X MISCELLANEOUS PROVISIONS-58. Disposal of goods removed by Commissioner.

(1) Any goods, vehicles or things removed from any building or land by the Commissioner or any authorised officer under section 29 shall be detained at the risk of the owner or the person offending until the expenses of removal and detention are paid.

(2) In the event of there being no claim for the goods, vehicles or things the goods, vehicles or things may be sold by public auction or, if the Commissioner thinks the circumstances of the case require, may be sold otherwise or be disposed of without sale.

(3) The moneys arising from the sale may be retained by the Commissioner and applied in or towards the expenses incurred and the surplus, if any, shall be paid on demand to the owner of the goods, vehicles or things.

(4) If the surplus is not claimed within two years it shall be paid into the fund of the Commissioner.

59 PART X MISCELLANEOUS PROVISIONS-59. Penalty for interference with marks.

Any person who, without the authority of the Commissioner, wilfully destroys, damages, defaces, moves, or otherwise interferes with any mark placed or set up for the purpose of indicating any level or direction necessary for the carrying out of the purposes of this Act commits an offence and on conviction-

(a) is liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both; and

(b) may, in addition to or in place of that penalty, be ordered to pay to the Commissioner a sum, recoverable as a fine, not exceeding three times the cost of repairing or re-emplacing the mark and of marking any survey rendered necessary by the act in respect of which he is convicted.

60 PART X MISCELLANEOUS PROVISIONS-60. Public servants.

The Commissioner and every authorised officer or agent under this Act shall be deemed to be a public servant within the meaning of the Penal Code.

61 PART X MISCELLANEOUS PROVISIONS-61. Public Authorities Protection Act 1948.

The Public Authorities Protection Act 1948, shall apply to any action, suit, prosecution or proceeding against the Commissioner, every member of the Appeal Board or Committee and every authorised officer or agent under this Act in respect of any act, neglect or default done or committed by him in such capacity.

62 PART X MISCELLANEOUS PROVISIONS-62. Indemnity and exemption from liability etc.

(1) Where the Commissioner in exercising the powers conferred under this Act has incurred expenses and costs which under this Act are payable or recoverable from any person such person shall indemnify and keep indemnifying the Commissioner against any claim, damage, loss or demand whatsoever that may be brought against the Commissioner in any action or proceeding arising out of and incidental to the exercise of such powers.

(2) No act or matter or thing done by the Commissioner, members of the Appeal Board or the Committee, and any authorised officers or agents shall, if the act, matter or thing was done bona fide for the purpose of executing this Act, subject any of them personally to any action, liability claim or demand whatsoever.

63 PART X MISCELLANEOUS PROVISIONS-63. Exemption from fees and charges.

(1) All developments intended exclusively for religious, educational, recreational, social, welfare, or charitable purposes and not for pecuniary profit are exempted from the payment of all charges and fees under this Act.

(2) The exemption under subsection (1) does not extend to development charges.

64 PART X MISCELLANEOUS PROVISIONS-64. Power to make rules.

(1) The Commissioner may with the approval of the Minister make rules generally for the better carrying out of the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following matters, namely-

(a) regulating the development of land in relation to proper planning;

(b) the classes of use of land and buildings or parts thereof

(c) the control of residential density, floor area, plot ratio, plinth area, and uses of buildings or land;

(d) regulating the height, design, appearance and siting of buildings, provision of car parking, set back and open spaces;

(e) the control of means of access to land or buildings;

(f) the protection of ancient monuments and land and buildings of historic or architectural interest;

(g) the de

65 PART X MISCELLANEOUS PROVISIONS-65. Repeal and saving.

(1) The City of Kuala Lumpur (Planning) Act 1973 is repealed.

(2) Notwithstanding the repeal of the law specified in subsection (1), which in this Act is referred to as the "repealed law"-

(a) any rule made under the repealed law shall in so far as it is not inconsistent with the provisions of this Act continue in force and have the like effect as if it had been made under this Act;

(b) any order, development order, notice including enforcement notice and requisition notice, any planning permission, direction, notification or permit made, given, granted, issued, delivered or served under, by virtue of or for purposes of the repealed law and in force immediately prior to the appointed date shall subject to the period of validity specified therein continue in force and have the like effect as if it had been made, given, granted, issued, delivered or served as the case may be under or by virtue of or

66 PART X MISCELLANEOUS PROVISIONS-66. Perbadanan Pembangunan Bandar Act 1971.

(1) Not withstanding section 17 of the Pebadanan Pembangunan Bandar Act 1971, in respect of the Federal Territory only, where the Minister described therein has by notification in the Gazette declared any area in the Federal Territory to be an Urban Development Area, the declaration shall be of no force and effect otherwise than with the concurrence of the Minister charged with the responsibility for the Federal Territory.

(2) Where any area in the Federal Territory has been so declared under subsection (1), the functions and powers conferred under and the duties imposed by this Act, shall be exercised and performed by the Perbadanan Pembangunan Bandar and the Commissioner shall cease to exercise such functions and powers and perform such duties.

(3) The Yang di-Pertuan Agong may by order published in the Gazette make such provisions as he may consider necessary or expedient for the purpose of removing any difficulties