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STREET, DRAINAGE AND BUILDING ACT 1974
ACT 133
PART VI - MISCELLANEOUS
91. Mandatory order.
92. Provision as to
appeal against order.
93. Proceedings where
owner is unknown.
94. In case of
urgency order may be made ex parte.
95. Protection of the State Authority and officers from personal liability.
96. Indemnity by local
authority.
97.
Power to enter upon lands for the purposes of this Act.
98. Power of any authority to enter on lands adjacent to works.
99. Any local authority in executing works to provide alternative roads,
etc., where existing ones are interrupted, etc.
100.
Penalty for obstructing any authority in its duty.
101. Compensation damages and costs to be determined by court.
102. Where
occupier defaults owner may execute work.
103. Exemption
of agent who has no funds in hand.
104.
Recovery of expenses and costs payable by owners.
105. Recovery
of expenses and costs by instalments.
106. Proceedings for
recovery of arrears.
107. Attachment.
108. Application of proceeds.
109.
Title conferred by purchase at sale under section 106.
110. Cost of
proceedings for recovery of arrears.
111. Power to stop sale.
112. Application to court.
113. Security to be given.
114. Liability of transferor.
115. Proceedings if an occupier opposes the execution of works.
116. Disposal of matters and things removed by local authority.
117. Licences to be
discretionary.
118. Notices, etc.
119. Receipts and notices may be given by officer authorised thereunto.
120. Service of notices.
121.
Default in compliance with notice. General penalty.
122. Court for trial of
offences.
123. Prosecution.
124. Employee of authority may demand names and addresses in certain cases.
125. Power of arrest.
126. Saving of prosecutions.
127. General penalties.
128. Damage to property of local authority to be made good in addition to
penalty.
129. Inaccuracies in documents.
130. Evidence.
131. Evidential provisions.
132. Improvement Service Fund. |
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PART VI
MISCELLANEOUS |
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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. |
Penalty for
non-compliance.
(3) (a) Any person to whom the order is addressed who fails to comply with
the requirements of a mandatory order shall, unless he satisfies the court
that he has used all due diligence to carry out such order, be liable on
conviction to a fine not exceeding two hundred and fifty ringgit a day
during his default.
(b) Where the person fails to comply with the order, the local authority may
enter the premises and execute the work so required to be executed and the
expenses thereby incurred by the local authority shall be recoverable from
the person in default in accordance with any law relating to the recovery of
fines. |
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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 court before which the
summons was returnable. |
Proceedings pending
appeal.
(3) Where a mandatory order is made on any person and appealed against and
the court which made the order is of opinion that the non-execution of the
mandatory order will be injurious or dangerous to public health or safety
and that the immediate execution thereof will not cause any injury which
cannot be compensated by damages, such court may authorise the local
authority immediately to execute the work.
(4) The local authority, if it does so and the appeal is successful, shall
pay the cost of such execution thereof and the damages, if any, sustained by
the said person by reason of such execution thereof, but, if the appeal is
dismissed or abandoned, the local authority may recover the cost of such
execution thereof from the said person. |
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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. |
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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. |
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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 or officer or employee of
the State Authority or the local authority and nothing in this Act or any
by-laws made thereunder shall make it obligatory for the State Authority or
the local authority to inspect any building, building works or materials or
the site of any proposed building to ascertain that the provisions of this
Act or any by-laws made thereunder are complied with or that plans,
certificates and notices submitted to him are accurate. |
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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. |
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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 any officer,
employee, agent or contractor in that behalf duly authorised in writing may,
at any time of the day or night and without notice, enter using such force
as may be necessary into and search or inspect any premises of the class
specified in the declaration. |
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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 be settled in the manner hereinafter provided.
(3) Before any local authority makes any such temporary use as aforesaid of
the land adjoining or lying near to the said works, it shall give seven
days' notice of its intention to the owners or occupiers of such land and
shall set apart by sufficient fences so much of the land as is required to
be used as aforesaid from the other land adjoining thereto. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 mis-statement, be liable on
conviction to a fine not exceeding five hundred ringgit. |
Proceedings in default.
(4) If any such sum remains unpaid at the expiration of the prescribed time,
a notice shall be served upon the person or any one of the persons, if more
than one, liable to pay the same, calling on him to pay the same together
with a fee of such amount as may be prescribed for the cost of the notice,
within fifteen days of the service of such notice.
(5) If no person liable to pay the same can be found, such notice shall be
deemed to have been duly served by the posting thereof at the office of the
local authority and by fixing a copy thereof on some conspicuous part of the
premises in respect of which such expenses or costs have been incurred.
(6) At the expiration of the said period of fifteen days or such further
period as may be allowed by the local authority, if any such sum or any part
thereof remains due and unpaid, it shall be deemed to be in arrears and may
be recovered in the manner hereinafter provided.
(7) The charge hereinbefore mentioned shall attach, and the powers and
remedies hereinbefore conferred shall become exercisable as from the date of
completion of the work, and thereafter such powers and remedies may be
exercised against the premises or against or against any movable property or
crops for the time being found thereon, notwithstanding any change or
changes in the ownership or occupation of the premises subsequent to the
said date. |
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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
engagement, may be recovered by the same means and in like manner as
provided in section 104. |
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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 the
expiration of such period, such arrears have not been paid or satisfied,
the local authority may sell by public auction, in lots or otherwise, the
whole of such premises or such portion thereof or such interest therein as
it deems sufficient for recovery of such arrears and costs:
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Provided that the local
authority shall not proceed under paragraph (b) to sell the premises in
respect of which the arrears are due, or any portion thereof or interest
therein, where there is or are upon the premises and liable to be seized and
sold under paragraph (a) movable property or crops belonging to the owner of
a value estimated by the local authority to be sufficient to realize the sum
required to satisfy the arrears and costs.
(2) Any tenant, sub-tenant, or occupier, who, in order to avoid the seizure
or sale of his property for non-payment of arrears payable by the owner of
the premises, pays such arrears and costs may thereafter, in the absence of
any written agreement to the contrary, deduct the amount so paid by him from
the rent due or to become due by him to his immediate landlord on account of
the premises or such part thereof as is held or occupied by him, and may
retain possession until such amount has been fully reimbursed to him whether
by deduction from the rent or otherwise. Any tenant or sub-tenant who has
reimbursed, whether by allowing a deduction from his rent or otherwise, any
sub-tenant or occupier holding or occupying under him the amount so paid by
such sub-tenant or occupier shall have a similar right to deduct the amount
from the rent due or to become due to his immediate landlord and to retain
possession until similarly reimbursed.
(3) The receipt of any duly authorised public officer for any amount so paid
by any such tenant, sub-tenant or occupier shall be deemed an acquittance in
full for the like amount of rent.(4) If any premises in respect of which
arrears are due, or any such movable property or crops as are mentioned in
subsection (1) or the proceeds of sale thereof are already in the custody of
the law under any process of execution whereby the local authority is unable
to exercise the remedies hereinbefore conferred, the local authority may
notify the sheriff or the bailiff of the court concerned of the amount of
the arrears, and shall be entitled without obtaining a judgment to be paid
such amount out of the proceeds of sale of such premises or property in
priority to the judgment debtor and to the judgment creditor and to any
other creditor.
(5) A certificate from the local authority shall, unless the same be
disputed by the judgment debtor be prima facie evidence of the amount of
such arrears, and, in case of dispute, the amount shall be summarily
determined by a Magistrate's Court. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 continuance of such refusal shall be discharged
from any penalties to which he might otherwise have become liable by reason
of his default in executing such works. |
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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. |
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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
consideration of the application and in the event of a refusal to furnish
such information shall refuse to grant or renew such licence.
(3) Save as otherwise provided any licence granted or renewed in pursuance
of this Act or any by-laws made thereunder may be for such period not
exceeding twelve months as the local authority thinks fit.
(4) There shall be charged for the grant or renewal of any licence such fee,
if any, as may be prescribed.
(5) No such licence shall be transferable without the consent of the local
authority.
(6) Save as otherwise provided any person aggrieved by the refusal by any
local authority to grant or renew a licence or by the suspension or
revocation by such local authority of any licence may within the month of
such refusal, suspension or revocation appeal to the State Authority whose
decision thereon shall be final.
(7) In this section "licence" includes any approval, consent, permit,
permission, authorization or licence which may be granted in pursuance of
this Act or any by-laws made thereunder. |
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118. Notices, etc. |
| The State Authority may
prescribe the form of notices and other documents issued under this Act. |
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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. |
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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.
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(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 name or description.
(3) 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 may be served by delivering the same or a true copy thereof to some
adult person on the premises or, if there is no such person on the premises
to whom the same can with reasonable diligence be delivered, by affixing the
notice, order, summons, or document to some conspicuous part of the
premises. |
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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.
(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. |
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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. Prosecution. |
| 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. 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.
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. 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.
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. |
|
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. 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. 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 thereof. |
|
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. 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. |
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PART I; PART II;
PART III; PART V;
PART VI; PART VII;
PART VIII |
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