Sdba Act 133
Sdba Act 133
Sdba Act 133
Act 133
PREVIOUS REPRINTS
LAWS OF MALAYSIA
Act 133
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
PART II
STREETS
41. Precautions against accident. Bars to be erected across streets during repairs
and lights placed at night
42. Materials not to be deposited without permission
43. Dangerous places to be repaired or enclosed
44. Duty of owner or occupier to keep street clean
45. Watering streets
46. Obstruction
47. Depositing dirt on streets, etc.
48. Interpretation, sections 46 and 47
PART III
DRAINS
49. (Deleted)
50. Local authority to construct and maintain drains and water-courses
51. Local authority may recover cost of improving and making drains, etc.
52. Prohibition against building unless provision made for drains, etc., and
compliance with any notice or order
53. Local authority to repair and alter and may discontinue surface and storm
water drains, etc.
54. Cleansing and emptying surface and storm water drains, etc.
55. Penalty for making unauthorized drains into canal or stream
56. Rain-water pipes not to be used as soil pipes
57. Water pipes, etc., not to be used as ventilating shafts
58. Interpretation
59. Local authority may require removal or alteration of urinals
60. (Deleted)
61. Ventilating pipes to sewers
62-64. (Deleted)
6 Laws of Malaysia ACT 133
PART IV
BACK-LANES
Section
PART V
BUILDINGS
PART VI
MISCELLANEOUS
PART VII
BY-LAWS
133. By-laws
Street, Drainage and Building 9
PART VIII
REPEALS, TRANSITIONAL PROVISIONS, ETC.
Section
LAWS OF MALAYSIA
Act 133
[See Appendix]
PART I
PRELIMINARY
1. (1) This Act may be cited as the Street, Drainage and Building Act
1974.
12 Laws of Malaysia ACT 133
(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.
Savings
2. 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:
Interpretation
“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;
(a) the owner of the premises by himself or his tenant has the
right to use or commonly does use the street or backlane as
a means of access to or drainage from the premises; and
14 Laws of Malaysia ACT 133
(b) in the opinion of the local authority, the use or the right to
use is for the advantage or benefit of the land;
“owner” means—
(d) the person for the time being receiving the rent of the
premises in connection with which the word is used
whether on his own account or as agent or trustee for any
other person or as receiver or who would receive the same
if such premises were let to a tenant;
“public street” means any street over which the public has a right of
way which was usually repaired or maintained by the local authority
before the coming into operation of this Act or which has been
transferred to or has become vested in the local authority under this
Act or in any other manner;
*NOTE—The Sewerage Services Act 1993 [Act 508] has been repealed by the Water Services Industry
Act 2006 [Act 655] in respect of its application to Peninsular Malaysia and the Federal Territories of
Putrajaya and Labuan, which comes into operation on 1 January 2008–see subsection 185(1) of Act 655.
Street, Drainage and Building 17
(a) the States of Malaysia, means the Ruler or Yang di- Pertua
Negeri of a State and includes in Negeri Sembilan the Yang
di-Pertuan Besar acting on behalf of himself and the Ruling
Chiefs; and
PART II
STREETS
4. (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—
(b) make and keep in repair any footways for the use of foot
passengers in any such street;
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.
Street, Drainage and Building 19
Penalty
(3) Any person who removes, defaces or injures any stone or mark
set up in accordance with this Act shall be liable on conviction to a fine
not exceeding five hundred ringgit.
(5) The expense of replacing any such stone or mark shall be paid
by the occupier or, if the premises are unoccupied, by the owner, and
shall be recoverable in the manner hereinafter provided.
5. The local authority may, with the consent of the State Authority—
(a) erect any buildings upon the land so acquired or alter any
existing buildings thereon; and
8. (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—
(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.
(g) any other matters which in the opinion of the local authority
are relevant and proper to be considered.
9. (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:
(h) the gradients, levels and mode of drainage of the new street
and of any intersecting streets or back-lanes;
(k) the provision of street lighting, and the person to whom any
such written directions are given shall amend the plan
accordingly.
(4) The person whose plan has been approved by the local
authority and each successor in title of such person, in so far as the
street lies in the land acquired by him, shall lay out the new street and
demarcate its boundaries by such boundary stones or other marks as
may be specified by the local authority to denote the length, width and
alignment of the street.
(5) If the new street has not been laid out and demarcated within
the period of six months from the date when the plan was first approved
or within such further period as may be approved by the local authority,
the local authority may enter upon the land and lay out the new street
and demarcate its boundaries at the expense of the person whose plan
has been approved or of his successor in title.
(6) The person whose plan has been approved by the local
authority or his successor in title in so far as the street lies in the land
acquired by him shall, if he constructs the new street, construct the new
street in accordance with the plan approved by the local authority
within such period as may be specified in such approval:
Provided that the local authority may renew such approval for such
period as it considers necessary.
24 Laws of Malaysia ACT 133
(c) constructs any culvert or bridge on the line of the new street
drainage otherwise than in accordance with the plans and
specifications approved by the local authority,
(9) Any person who keeps open or uses such street in breach of the
conditions imposed under subsection (8) shall be liable on conviction
to a fine not exceeding one thousand 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 service of a notice to cease the
breach.
(13) If the local authority does not, within two months of receipt
of the application and plan under this section approve, disapprove or
make written requisition with regard thereto the applicant may then
apply to the State Authority, and the powers vested in the local
authority under this section shall then be vested in the State Authority.
10. 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:
26 Laws of Malaysia ACT 133
11. (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.
Apportionment of cost
(f) any other matters which in the opinion of the local authority
are relevant and proper to be considered.
Street, Drainage and Building 27
(3) During one month from the date of the issue for service of the
notice referred to in subsection (1), the said plans, specifications,
estimate and provisional apportionment shall be open to inspection by
or on behalf of any person upon whom such notice has been served and
by or on behalf of the owners of any building or holding listed at the
office of the local authority; and such notice shall state—
Local authority may amend plan, etc., for any street works
(4) The local authority may from time to time amend the plan,
specification, estimate and provisional apportionment for any street
works, but if by reason of such an amendment the estimate in respect
of any private street or part thereof is increased or the provisional
apportionment of the cost of such street works on any premises is
increased, such notices previously served shall be withdrawn by the
local authority and fresh notices based on the amended plan,
specification, estimate and provisional apportionment or any of them
shall be served by the local authority in accordance with the provisions
of subsection (1) and the amended plan, specification, estimate and
provisional apportionment shall be similarly open to inspection.
28 Laws of Malaysia ACT 133
(5) During the period of one month referred to in subsection (3) the
frontager or developer shown in the provisional apportionment or
amended provisional apportionment as liable to be charged with any
part of the expenses of executing the street works may, by notice in
writing duly served upon the local authority, object to the proposed
street works and to the plan, specification, estimate and provisional
apportionment or to any one or more of them or to any amendment
thereof pursuant to subsection (4), on any one or more of the following
grounds:
(a) that the alleged private street or part thereof is not or does
not form part of a street within the meaning of this Act;
(b) that the alleged private street or part thereof is (in whole or
in part) a public street;
Objections
(6) After objections duly made under subsection (5) have been
inquired into and the persons making them have been allowed an
opportunity of being heard, the local authority may at its discretion
confirm or amend the plan, specification, estimate and provisional
apportionment.
(a) are not commenced within the period specified in the notice
served under subsection (1); or
(b) are not commenced within thirty days from the date of such
confirmation or amendment under subsection (6); or
the local authority may, if it thinks fit, cause the same to be executed
and completed.
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(10) When the street works have been completed by the local
authority and the cost thereof ascertained, the local authority shall
cause a final apportionment of the cost of such street works to be made
by dividing the expenses in the same proportions as those made in
which the estimated expenses were divided in the provisional
apportionment or amended provisional apportionment (as the case may
be) and such final apportionment shall be conclusive for all purposes
and notice of such final apportionment shall be served upon persons
who are frontagers at the time of completion of the work affected
thereby or the developers or both and the sums apportioned thereby
shall be recoverable in the manner hereinafter provided.
(12) (a) The local authority may instead of charging the frontagers
or developers pay the whole or part of the cost of the street works and
may exempt any premises or class of premises from payment of the
whole or part of the cost apportioned to that premises or class of
premises.
12. (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
13. (1) If any street, not being a public street, is levelled, channeled
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.
(f) any other matters which in the opinion of the local authority
are relevant and proper to be considered.
(9) For the purpose of subsections (1), (2) and (3) in relation to the
Federal Territory references to the State Authority shall be construed
as references to the Government of the Federation.
(10) For the purpose of this section “developer” means the developer
of lands belonging to persons who would be the frontagers.
15. (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—
(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,
Provided that the execution of such street works at the expense of the
local authority shall not affect the liability of such frontagers or
developers or any other persons under subsections (1) and (2).
16. (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.
(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
(2) If any work for the erection of any new building is commenced
in contravention of subsection (1), the local authority shall serve a
notice in writing upon the person who, in the opinion of the local
authority, is responsible for the commencement of any such work, or
post a notice at the site of the erection of the new building, requiring
such person and any other person to cease building operation forthwith
and the building operation shall not resume unless the requirements
under subsection (1) have been complied with.
(3) If the person served with the notice under subsection (2) claims
that he is not the person responsible for the commencement of any such
work, he shall, within seven days of service of the notice on him, lodge
his disclaimer of responsibility with the local authority.
(4) If any work for the erection of any new building is commenced
in contravention of subsection (1) the person who is responsible for the
commencement of such work shall be liable on conviction to a fine not
exceeding five thousand ringgit or to imprisonment for a term not
exceeding twelve months or to both.
38 Laws of Malaysia ACT 133
(5) Any person who fails to comply with any notice under
subsection (2) shall in addition to any fine imposed under
subsection (4) be liable to a further fine not exceeding two hundred and
fifty ringgit for every day during which such notice was not complied
with.
shall be prima facie evidence of such facts for the purposes of any
prosecution under this section.
18. (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
Street, Drainage and Building 39
(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. (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 subsection 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
subsection 18(2).
20. (1) Where a deposit has been made or security given under
subsection 18(2) and street works have been carried out to the
satisfaction of the local authority, the local authority shall refund to the
40 Laws of Malaysia ACT 133
person who made such deposit or given 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—
21. (1) Any person who has made a deposit or given a security under
subsection 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.
Street, Drainage and Building 41
22. (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.
(4) Where there is any objection the local authority shall, after the
expiry of the period within which such objection may be received,
consider such objection and may in this connection hear any person
who in filing the objection has requested to be heard.
(5) The local authority shall after considering the objection submit
to the State Authority its scheme whether modified or otherwise and
may enter its reasons for refusing to modify or for modifying in the
manner that it did.
(7) The State Authority may, on the application of either the owner
of the land affected or the local authority at any time after any scheme
has been confirmed under subsection (6) but only after giving every
owner or reputed owner of any property which in its opinion is affected
by such modification and the local authority an opportunity to be heard
either in person or by counsel, modify such scheme or any part thereof.
(8) Any plan forming part of any scheme made under this section
shall, for the purposes of section 70, have the same effect as a plan
approved by the local authority under that section:
Provided that the duty imposed by the scheme shall not attach to any
person unless and until he submits a plan for the erection of a building
on some part of the land comprised in the plan under section 70.
23. (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. (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.
Street, Drainage and Building 43
(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 necessary,
clear the same.
(3) On receipt of the notice the owner or owners may either execute
the work as regards their respective frontages or require the local
authority to do so, and, where any owner executing such work fails to
complete the work within the time specified in the notice, the local
authority may enter upon his land and carry out the work.
Plan to be delivered
(4) In every case where a footway is made under this section, the
local authority shall deliver to each owner of the land a plan showing
the land taken for such footway and a statement to the effect that the
land has been taken under this section for use as a public footway,
subject nevertheless to the right of each owner and his successors in
title at any time to build in such manner and to such extent as he would
have been entitled to build if the land had not been taken for use as a
public footway.
26. (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
Street, Drainage and Building 45
or any of such streets, roads and places and cause the same to be lighted
during such hours as are necessary.
(3) If the notice is not complied with the local authority at any time
after the expiration of the time so specified may cause the work to be
done and the cost and expenses of so doing shall be paid to the local
authority by the owner in default.
27. (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:
(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.
Names of streets
29. (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.
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.
Penalty
Numbers on houses
31. (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.
(3) The owner and occupier of such house or building shall protect
such number.
48 Laws of Malaysia ACT 133
32. (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.
33. (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
34. (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.
50 Laws of Malaysia ACT 133
(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
Sky-signs
35. (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. (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.
Street, Drainage and Building 51
(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. (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 complied with, the cost and expenses
of extinguishing the fire incurred by the local authority shall be paid to
it by the owner or occupier in default and shall be recoverable in the
manner hereinafter provided and a certificate as to the amount of such
cost and expenses by the local authority shall be conclusive evidence
that such amount has been so incurred.
(2) Any person who plants any tree in contravention of this section
shall be liable on conviction to a fine not exceeding five hundred
52 Laws of Malaysia ACT 133
ringgit, and the tree may be cut down or dug up by order of the local
authority.
(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.
Taking up pavement
39. (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.
(4) Any person who fails to comply with the directions referred to
in subsection (3), the local authority at any time after the expiration of
the time so specified in the notice may itself cause the work to be done
and recover the cost and expenses thereof from such person.
Street, Drainage and Building 53
40. (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
41. (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
54 Laws of Malaysia ACT 133
42. (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.
Penalty
(4) The local authority may itself fence, enclose and light such
materials or hole and may remove such material or fill up such hole or
otherwise make it secure and all costs and expenses arising therefrom
shall be paid to the local authority by the defaulting person.
Street, Drainage and Building 55
43. (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. (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.
(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.
(3) Any person to whom such notice is given who fails to comply
with it shall be liable without further notice to a fine not exceeding one
56 Laws of Malaysia ACT 133
(4) The local authority may contract with any owner or occupier as
aforesaid for sweeping and cleaning such street and for collecting and
removing the dust, dirt, ashes and rubbish for such period as the local
authority thinks fit.
Watering streets
45. 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.
Obstruction
Presumption
(2) If it is shown in any case that any article or thing has been
deposited in or upon any public place in proximity to any building or
land in contravention of subsection (1) it shall be presumed unless the
contrary is proved that the offence was committed by or by the
permission of the occupier of such building or land.
(3) (a) The local authority may cause any such obstruction to be
removed or may itself through its servants remove the same to a
58 Laws of Malaysia ACT 133
(b) The local authority shall certify such expenses to the owner or
the person offending and the certificate of the local authority shall be
conclusive proof of the sum due.
(4) Nothing herein shall prevent the local authority from allowing
any temporary erections in any public place or the temporary use of
any part of a public place on occasions of festivals and ceremonies.
(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, whether from a
moving or stationary vehicle or in any other manner;
Presumption as to offender
(4) (a) If in any case it is shown that any dust or other substance in
this section mentioned has been deposited in any place in
contravention of this section in close proximity to any building or land
or that any such water or any offensive matter has run, drained or been
thrown or put upon or into any street or drain in contravention of this
section, it shall be presumed unless the contrary is proved that the
offence was committed by or by the permission of the occupier of such
building or land.
“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;
PART III
DRAINS
50. (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:
51. (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 watercourses, including the
cost of acquiring any land or of any compensation paid in the course
of such works.
(2) Such cost shall be paid by the persons who are frontagers when
the work is completed.
(g) any other matters which in the opinion of the local authority
are relevant and proper to be considered.
52. (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.
(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 works.
53. (1) The local authority shall maintain and keep in repair and, as
it sees fit, enlarge, alter, 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.
54. (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.
(2) The local authority may, with the sanction of the State
Authority, cause all or any of such surface and storm water drains,
culverts, gutters and water-courses to communicate with and be
emptied into the sea or other fit place, or may cause the refuse from the
same to be conveyed by a proper channel to the most convenient site
for its deposit, and may sell or otherwise dispose of the said refuse for
any agricultural or other purposes as are deemed expedient so that it
shall not become a nuisance.
55. (1) Any person who without the prior written permission of the
local authority—
Street, Drainage and Building 67
(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;
Penalty
one thousand ringgit for each offence and a Magistrate’s Court shall
on the application of the local authority or of the State Authority as the
case may be make a mandatory order requiring the owner to take such
steps as the Court thinks fit to prevent any such communication or
discharge.
56. (1) No pipe used for the carrying off of rainwater 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.
57. (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.
Interpretation
(2) Where there is a sufficient water supply and sewer the local
authority may by written direction to a submitting person, require such
house or building to be provided with such number of proper and
sufficient waterclosets, urinals, sinks, and bathrooms as in the
circumstances of the case are in the opinion of the local authority
70 Laws of Malaysia ACT 133
(3) Where there is a sufficient water supply but no sewer, the local
authority may by written direction a submitting person, require such
house or building to be provided with either—
(4) Any person who fails to comply with any requirement of the
local authority under subsection (2) or (3) shall be liable on conviction
to a fine not exceeding one thousand 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.
*NOTE—The Sewerage Services Act 1993 [Act 508] has been repealed by the Water Services Industry
Act 2006 [Act 655] in respect of its application to Peninsular Malaysia and the Federal Territories of
Putrajaya and Labuan, which comes into operation on 1 January 2008–see subsection 185(1) of Act 655.
Street, Drainage and Building 71
(7) Where there is a sufficient water supply and sewer, the local
authority may by written notice require the owner or owners of any
house or building to provide in or adjacent to such house or building
such water-closets, sinks, urinals and bathrooms as in the opinion of
the local authority are necessary.
(10) In the cases mentioned in subsections (5) and (7) where the
house or building in question is not provided with a supply of water
for domestic purposes the local authority may provide, fix and install
to or for the house or building, water pipes leading from the public
water mains to the water-closets, urinals, sinks and bathrooms and
provide, fix and install such water fittings as it shall think necessary
and the expenses and cost of so doing shall be payable by and be
recoverable from the owner or owners of the house or building.
72 Laws of Malaysia ACT 133
(11) In any case where, in accordance with subsection (10), the local
authority has provided, fixed and installed to or for a house or building
water pipes and fittings the local authority may enter into a contract
with the relevant authority in charge of the supply of water to such
house or building and the occupier of such house or building shall pay
to the local authority for the water consumed therein or thereat at such
rate as the local authority shall at its discretion in writing order and the
order or a copy thereof duly certified as a true copy of such order shall
be served upon the occupier within one month of such order being
made and save as provided above the occupier shall be deemed to be
the consumer with respect to the supply of water, and such order may
require the occupier to pay a minimum monthly charge as determined
by the local authority whether or not the occupier consumes the water
so provided during any month.
(12) The local authority may at any time give notice in writing to
the owner of any house or building in which any water-closet or any
fittings or apparatus connected with any water-closet has been
provided whether under subsection (2), (3), (5) or (7) or otherwise
requiring such owner to remove any such water-closet or any fittings
or apparatus connected therewith and to replace the same by another
water-closet or by other fittings or apparatus at such owner’s expense,
and if the owner of such house or building fails to comply with any
requirement of the local authority under this subsection the local
authority may at the expiration of any period specified in the notice,
which shall not be less than thirty days from the service thereof, do the
work required by the notice and recover from the owner of such house
or building the expense incurred in so doing.
(14) The local authority may by notice require the owner or owners of
any building or land on which is situated any drain, urinal, water-
closet, sink or bathroom which is not properly maintained or repaired
or renewed to have such drain, urinal, water-closet, sink or bathroom
to be repaired, or renewed or put in proper order and if the owner or
owners fail to comply with the requirements of the local authority, the
local authority may at the expiration of the period of time specified in
the notice do the work required in the notice and may recover from the
owner or owners the expenses incurred in so doing.
(3) Any owner who fails to comply with a notice under this section
within such period as is specified therein shall be liable on conviction
in respect of each offence to a fine not exceeding one thousand 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 expiry
of the period specified in the notice.
61. (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.
PART IV
BACK-LANES
66. (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.
76 Laws of Malaysia ACT 133
(2) The lands specified in the order made under subsection (1) may
be acquired for 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.
(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 back-lane may be
specified in the order made under subsection (1) in addition to the land
required for the site of the back-lane.
Local authority may recover cost of acquisition for and laying out
or construction of back-lanes
67. (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
Street, Drainage and Building 77
(e) any other matters which in the opinion of the local authority
are relevant and proper to be considered.
(5) For the purpose of subsections 65(2), (3), (4) and (5), section
66 and this section in relation to the Federal Territory, references to the
State Authority shall be construed as references to the Government of
the Federation.
69. (1) In this Act and in by-laws made thereunder the expression
“back-lane” includes every back-lane whether now or hereafter
existing and 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 part thereof either totally or conditionally.
Removal of obstruction
PART V
BUILDINGS
70. (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—
(c) before any other conditions which the local authority may
deem necessary to impose have been complied with.
(4) The local authority may give written directions to the principal
submitting person or submitting person with regard to any of the
following particulars:
(b) the site of any building and the space to be left about any
building to secure free admission of light and circulation of
air and to facilitate scavenging;
(c) the levels at which the foundation and lowest floor are to
be laid;
(d) the raising of the level of the site to form a stable and
healthy foundation and the materials to be used in raising
the same;
(f) the front elevation, and where the side elevation abuts on
or is within fifty feet of a public street the side elevation;
(6) Where such amended plans are not re-submitted within the
specified period, or such extended period, they shall not be re-
considered and shall be deemed to have been withdrawn but he may
submit fresh plans and specifications.
(b) he has given the local authority four days’ notice in writing
of his intention to commence or resume such work, as the
case may be.
(12) Any person who uses any building or part of a building for a
purpose other than which it was originally constructed for without the
prior written permission from the local authority shall be liable on
conviction to a fine not exceeding twenty-five thousand ringgit and
shall also be liable to a further fine not exceeding five hundred ringgit
for every day during which the offence is continued after a notice to
cease using for other purpose has been served on such person.
Provided that, for the purposes of subsection (2) and for the purposes
of section 75 a person who executes or does any of the works or things
specified in subparagraph (b)(ii), paragraph (f), (g) or (h) shall not be
deemed to erect a building.
(b) Where a building is erected on vacant land and the person who
actually erected the building is not known or cannot be found in
Malaysia, the building shall be deemed to have been erected by the
owner of such land who shall be liable therefor.
Approval of plans
(18) If the local authority does not, within three calendar months
from the date of the submission of any plans under subsection (2) or
from the date of the resubmission of such plans amended pursuant to
subsection (5), approve, disapprove or make written requisition with
regard thereto, the principal submitting person or submitting person
86 Laws of Malaysia ACT 133
may apply to the State Authority, and the powers vested in the local
authority under this section shall then vest in the State Authority.
(b) ensure that the building has been duly constructed and
completed in conformity with the approved plans and the
requirements of this Act or any by-laws made thereunder
and that all technical conditions imposed by the local
authority has been duly complied with; and
(c) ensure that the building is safe and fit for occupation.
(25) The cost for executing such work or taking such measure as
referred to in subsection (24) shall be borne by the owner of the
building.
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 that the safety of life
or property is affected or is likely to be affected by any earthworks,
order the immediate cessation of the whole or any part of the
earthworks; the certificate of the local authority under this subsection
shall be conclusive proof of the matters stated therein and shall not be
questioned or be subject to any appeal or review in any court.
(7) Where cessation of the earthworks has been ordered under this
section, the local authority may permit the resumption thereof subject
to compliance with such directions or conditions as may be specified
by the local authority.
(16) If any public street or any part thereof, or any building, or any
structure, or any other property whatsoever belonging to the
Government of Malaysia or any State Government or to the local
authority is injured by or in consequence of any earthworks on any
land, the local authority may repair and make good the damage done.
(d) to provide for the punishment for offences under the by-
laws made under this section not exceeding a fine of two
thousand ringgit and, in the case of a continuing offence,
not exceeding a fine of one hundred ringgit for each day the
offence is continued;
(18) In this section and in any by-laws made thereunder the word
“earthworks” includes any act of excavation, levelling, filling with any
material, piling, the construction of foundations, or felling of trees, on
any land, or any other act of dealing with or disturbing any land.
70B. (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.
(5) The local authority may, after evaluating the report of the
review—
Street, Drainage and Building 93
(6) The local authority shall inform the owner of the building of
his right to object to its intention to issue an order for cessation of the
erection of building, within fourteen days from the date of service of
the notice in paragraph (5)(b), and if no objections are received within
the period the order for cessation shall be issued with immediate effect.
(8) Without prejudice to its power under subsection (5) the local
authority may, after evaluating the report of the review, give to any
person written directions including the submission of a fresh or an
amended plan in respect of the following:
(9) Where the directions given under subsection (8) are not
complied with, the local authority may order the cessation of the whole
or any part of the erection of building.
is not complied with, the local authority may summarily eject any
person or remove any equipment, vehicle, machinery or article from
the site where the building is being erected to secure the cessation of
the erection of building and for this purpose may seek the assistance of
the police.
(13) Where—
(c) any remedial work has been executed or measure has been
taken under subsection (11),
the local authority may allow the resumption of the erection of building
subject to compliance with such directions and conditions as it may
specify.
(b) does any act to obstruct in any manner whatsoever the local
authority or any person authorized by it or on its behalf in
the execution of its or his powers under this section,
70D. (1) Nothing contained in this Act shall prevent the local authority
or any person authorized by it or on its behalf from—
(c) misuse,
72. (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:
(4) Any person who fails to comply with the requirements of the
notice shall be guilty of an offence and shall be liable on conviction to a
fine not exceeding two hundred and fifty ringgit for every day that the
offence is continued after expiry of the period specified in the notice.
(5) Where the owner fails to comply with the requirements of the
notice, the local authority may do any or all of the acts required by the
notice and notwithstanding the owner’s liability to pay any fine under
subsection (4), the owner shall pay such sums to the local authority as
may be required under subsection (3) and shall be deemed to have
indemnified the local authority in carrying out the terms of the notice
as if he had requested the local authority to do so.
the local authority that he is the owner and if there be no claim shall be
disposed of in the manner specified in section 116.
73. (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.
75. (1) The local authority shall not approve any plan submitted
pursuant to section 70 relating to a building unless—
102 Laws of Malaysia ACT 133
(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 back-lane or part of a back-lane of such width not
exceeding forty feet as is required by the local authority:
Provided that where the owner sets apart a vacant strip of his land
sufficient to form not less than one-half the width of that part of the
back-lane which abuts on his land, the local authority may in its
discretion in a particular case approve such plan.
Situation of back-lane
(2) The back lane shall, where the local authority so requires, be
situated so as to conform with such line as is laid down therefor by the
local authority and so as to communicate at each end thereof with the
land set apart or to be set apart for a back-lane by, or acquired or to be
acquired from, the owners of the properties on each side thereof, and
when completed the same shall, wherever possible, open upon public
streets at both ends, and shall in all
cases be free from obstruction throughout.
not abut upon any land so situate as to be capable of being set apart for
a back-lane in conformity with the line laid down therefor by the local
authority, the local authority may refuse to approve the plan until the
land situate between the site of the building and the line of the back-
lane or intended back-lane immediately opposite such site has been
added to the holding in respect whereof the plan has been submitted
and the portion of the intended back-lane which abuts on such site so
added to has been set apart or acquired for a back-lane and the owner
has reimbursed the local authority in the manner and to the extent
provided in paragraph (1)(a) and the other provisions of that subsection
have been complied with.
76. (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.
104 Laws of Malaysia ACT 133
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.
78. (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.
(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 not exceeding one hundred ringgit for every
Street, Drainage and Building 105
(2) In every such case the owner shall be presumed until proved to
the contrary to have commenced or carried out such erection.
(3) The local authority, its agents or servants may enter any such
building and remove any partition, compartment, gallery, loft, roof,
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—
81. (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.
Street, Drainage and Building 107
(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 works and the expenses incurred by the local authority in respect
thereof if not forthwith paid by the owner, shall be recoverable in the
manner hereinafter provided.
Penalty
(3) Any such person who contravenes subsections (1) and (2) shall
be liable on conviction to a fine not exceeding two thousand 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 a
108 Laws of Malaysia ACT 133
Proviso
83. (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.
(3) If upon service of the notice the owner desires to repair, he shall
not proceed to do so unless he has obtained planning approval to do so
from the relevant authority in charge of town and country planning in
the area where his building is situate.
(4) Where planning approval has been granted, the owner shall not
proceed to repair unless he has submitted such plans and specifications
Street, Drainage and Building 109
showing the intended repairs and until such plans and specifications
have been approved by the local authority.
(5) Where the owner fails to put up hoardings or fences within the
period of time specified in the notice or fails to put up hoardings or
fences in accordance with the specifications of the local authority, the
local authority may enter upon such premises where the building is
situate and put up such hoardings or fences.
(a) deposits with the local authority such sum which the local
authority thinks is sufficient to cover the costs and expenses
of—
(c) notwithstanding any sum paid under paragraph (a), pays the
local authority a further sum which may be prescribed by the
State Authority for relocation purposes.
110 Laws of Malaysia ACT 133
(8) Any person who fails to comply with any of the requirements
of the notice under subsection (1) or (2) shall be liable on conviction
to a fine not exceeding two hundred and fifty ringgit for every day that
the offence is continued after the expiry of the period specified in the
notice.
(9) Where the owner fails to comply with the requirements of the
notice, the local authority may do any or all of the acts required by the
notice and notwithstanding the owner’s liability to pay any fine under
subsection (8), the owner shall pay such sums to the local authority as
may be required under subsection (7) and shall be deemed to have
indemnified the local authority in carrying out the terms of the notice
as if he had requested the local authority to do so.
(2) Any person who fails to comply with the requirements of the
notice shall be liable on conviction to a fine not exceeding two hundred
Street, Drainage and Building 111
and fifty ringgit for every day that the offence is continued after the
expiry of the period specified in the notice.
(3) Where the owner fails to comply with the requirements of the
notice the local authority may do any or all of the acts required by the
notice and the cost and expense of doing such work shall be
recoverable by the local authority from the owner.
85. (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
(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
paragraph (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.
(4) Where any person who has been served with a notice under
subsection (2) fails to comply therewith, the local authority may in its
discretion, and without prejudice to any proceedings under
subsection (3) and whether before or after the commencement or
112 Laws of Malaysia ACT 133
(5) The local authority may certify such cost and expenses incurred
and the certificate of the local authority shall be conclusive proof of
the sum due and shall not be subject to any appeal or review in any
court.
(3) The local authority may, without prejudice to its powers under
section 83, by a notice in writing served on—
(i) after the tenth year commencing from the date the
certificate of completion and compliance in respect
of the building was issued; and
(4) The owner of a building or land with slope shall, upon receipt
of a notice under subsection (3), cause the building or slope to be
inspected within the time specified in the notice by an engineer to be
appointed by him.
(5) If the notice under subsection (3) is not complied with the local
authority may inspect the building or slope or cause the building or
slope to be inspected by an engineer appointed by it and recover all
expenses reasonably incurred by it in doing so from the owner of the
building or land with slope.
(9) The State Authority may by order, in the Gazette, provide for
the application of this section with such adaptations or modifications
as may be specified therein to buildings in respect of which no
certificate of completion and compliance has been issued.
(12) Before exercising its powers under subsection (11), the local
authority shall, if it is reasonably practicable to do so, serve a copy of
the order made thereunder to every occupier of the building or land
with slope.
(13) Any person who fails to comply with an order given under
subsection (11) shall be liable on conviction to a fine not exceeding
one hundred thousand ringgit or to imprisonment for a term not
exceeding five years or to both and shall also be liable to a further fine
not exceeding five hundred ringgit for every day during which the
offence is continued after conviction.
(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 executed for that
purpose, and may serve that notice notwithstanding that the nuisance
had for the time being abated if the local authority considers that it is
likely to recur on the same premises.
(4) Where the person causing the nuisance cannot be found and it
is clear that the nuisance does not arise or continue by the act, default
or sufferance of the occupier or owner of the premises, the local
authority may cause the same to be abated and may do what is
necessary to prevent the recurrence thereof.
(5) Where a notice has been served on a person under this section
and either—
(a) the nuisance arose from the wilful act or default of the said
person; or
Nuisance order
(2) A nuisance order may be an abatement order or a prohibition
order or a closing order or a combination of such orders.
Abatement order
Prohibition order
Closing order
(6) A closing order may prohibit a dwelling house from being used
for human habitation.
When to be made
Provided that a closing order shall not be made unless a notice of the
hearing of the complaint on which it is to be made has been posted on
the premises in a conspicuous position with an intimation in such
notice that any occupant of the premises may show cause against the
making of such order.
(8) A court, when satisfied that the dwelling house has been
rendered fit for human habitation, may declare that it is so satisfied and
cancel the closing order.
Street, Drainage and Building 121
(13) A court making any order under this section may require any
person on whom any order is made to pay all costs and expenses
incurred in obtaining the order.
(14) Where a closing order has been made with respect to any
dwelling house, the local authority shall serve notice of the order on
every occupier of the dwelling-house and within such period as is
specified in the notice not being less than seven days (except in case
of immediate danger) after the service of the notice the order shall be
obeyed by him and he and his family shall cease to inhabit the dwelling
house, and in default he shall be liable on conviction to a fine not
122 Laws of Malaysia ACT 133
Expenses of removal
Provided that the owner shall make to every tenant whose tenancy
has not been lawfully determined such reasonable allowance, if any,
on account of his expenses in removing as a court may allow or order,
and such allowance shall be recoverable in a summary way before a
Magistrate’s Court.
89. (1) Where a closing order has been made in respect of any
dwelling house 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
(2) The order may also contain a direction that the materials of the
building or any part of such materials shall be destroyed.
90. (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 authorized 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.
PART VI
MISCELLANEOUS
Mandatory order
91. (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.
124 Laws of Malaysia ACT 133
(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.
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.
93. (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.
(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
126 Laws of Malaysia ACT 133
have made in his presence except that it shall not inflict any fine upon
him.
95. (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
Street, Drainage and Building 127
97. 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 authorized 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 authorized in
writing may, at any time of the day or night and without notice, enter
128 Laws of Malaysia ACT 133
using such force as may be necessary into and search or inspect any
premises of the class specified in the declaration.
98. (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 authorized 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 two 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.
(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.
100. 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 authorized
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.
(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 [Act 593] shall mutatis mutandis apply to all
such appeals.
(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. (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,
Street, Drainage and Building 131
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.
Proceedings in default
(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.
as from the date of completion of the work, and thereafter such powers
and remedies may be exercised against the premises 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.
105. (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.
106. (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:
(3) The receipt of any duly authorized public officer for any
amount so paid by any such tenant, subtenant 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 herein before 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.
Attachment
(3) Such person may break open in daytime any house or building
for the purpose of effecting such attachment.
Application of proceeds
(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.
109. (1) The purchaser at a sale held under paragraph 106(1)(b) 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. All costs of any proceedings for the recovery of arrears may be
recovered as if they formed part of such arrears.
Application to court
112. (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.
Security to be given
Liability of transferor
114. (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.
115. (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.
(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.
138 Laws of Malaysia ACT 133
Licences to be discretionary
117. (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 authorized 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 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.
(4) There shall be charged for the grant or renewal of any licence
such fee, if any, as may be prescribed.
Notices, etc.
118. The State Authority may prescribe the form of notices and other
documents issued under this Act.
119. (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 authorized thereunto by the local authority.
Service of notices
121. (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.
122. Any offence under this Act or any by-laws made thereunder
may be tried by a Magistrate’s Court.
Street, Drainage and Building 141
Prosecution
124. (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.
Penalty
(3) Any person who offends under this section or wilfully misstates
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.
Power of arrest
125. (1) Any police officer or any officer or employee of the local
authority duly authorized 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;
(2) A person arrested under this section may be detained until his
name and address are correctly ascertained:
Saving of prosecutions
126. 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.
General penalties
127. 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. (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
Street, Drainage and Building 143
Inaccuracies in documents
Evidence
(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,
144 Laws of Malaysia ACT 133
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.
Evidential provisions
132. (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 moneys that may from time to time be paid
to a local authority for the purposes of carrying out the provisions of
this Act, all moneys 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, drain, culvert, gutter or water-course.
PART VII
BY-LAWS
By-laws
133. 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 authorized or required under this Act to be prescribed, and in
particular and without prejudice to the generality of the foregoing for
or in respect of all or any of the matters specified hereunder—
(iii) the level, width and construction of streets and the repairing,
cleaning, watering and lighting of streets, roads, canals and
bridges and the planting and preservation of trees;
(xi) the closing, fencing, lighting and repair of any works, hole
or place likely to be a danger to the public;
(xiib) the manner and procedure for making an application for the
approval of plans and specifications for erection of building;
(e) underpinning;
(xiig) the time, manner and procedure for the issuance of the
certificate of completion and compliance and partial
certificate of completion and compliance;
(xiii) the frontage of, air space about, lighting, air conditioning,
ventilation, height of and approaches and entrances to, the
provision of parking places for vehicles in or for and exits
from buildings;
(xvi) the provision for the paving, width and level of arcades and
footways;
(xx) the prescribing of forms for licences and other purposes for
use in connection with this Act;
(xxi) securing the prevention and the prevention of the spread and
extinguishment of fire;
(i) any other measures for the safety of fires and the
prevention and spread of fire;
(xxv) the payments to be made for, and other incidents of, licences
and permits issued under this Act;
(xxvi) the fees, costs and other sums charged for any matter or
thing required or authorized to be done under this Act;
(xxviii) the offences under this Act and any by-laws made
thereunder which may be compounded by the local
authority, the persons who may compound, the limit of the
sum of money to be collected by such local authority for
compounding such offences and the procedure and forms to
be complied with in compounding; and
PART VIII
134. (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—
SCHEDULE
REPEAL
A. The Town Boards Enactment [F.M.S. Cap. 137] of the Federated Malay
States.
Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraphs 78(a), (d),
subparagraphs (g)(i) and (ii), paragraphs 78(h) and (l), 89, 90, 91,91A,
92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105,
106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A, 116, 117,
118, 119, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 133A,
134 and 134A .
Paragraphs 58(1)(g), (j) and (ee), Sections 95, 97, 98, 99, 100, 101, 102,
103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116,
117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130,
131, 132, 133, 134, 135, 136, 137, 138, 139, 139A, 140, 141, 142, 142A,
143, 144, 144A, 144B, 144C, 145, 146, 147, 148, 150, 151, 152, 153, 154,
155, 156A, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168,
169, 170, 170A, 170B, 170C, 219, 229, paragraphs 245(a), (b), (except
in so far as it applies to dung-pit and ash-pit), (e), subparagraphs 245(e)(i)
and (ii), paragraphs 245(f) and (k), sections 369, 370 and 395A.
Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraph 78(d),
subparagraphs 78(g)(i) and (ii), paragraphs 78(h) and (l), 89, 90, 91, 91A,
92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105,
106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A, 116, 117,
118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 133A, 134 and 134A.
Sections 11A, 44, 45, 45A, 46, 46A, 46B, 47, 48, 49, 50, 51, 52, 53, 54, 55,
56 and 57.
Sections 67, 68, 69, 70, 71, 72, 73, 74, 76, paragraphs 78(i), (iv),
subparagraphs (vii)(a) and (b), paragraphs 78(viii) and (xii), 89, 90, 91,
Street, Drainage and Building 153
91A, 92, 92A, 92B, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,
105, 106, 107, 108, 109, 110, 110A, 111, 112, 113, 114, 115, 115A, 116,
117, 120, 121, 122, 129, 130, 131, 133, 133A, 134, 134A and 143.
______________
154 Laws of Malaysia ACT 133
APPENDIX
JOHORE
KEDAH
District Council of —
Sik 01-01-1982 P.U. (B) 727/1981
Padang Terap 01-01-1982 P.U. (B) 728/1981
Yan 01-01-1982 P.U. (B) 729/1981
Pendang 01-01-1982 P.U. (B) 730/1981
Bandar Bahru 01-01-1982 P.U. (B) 731/1981
Langkawi 01-01-1982 P.U. (B) 732/1981
KELANTAN
Municipal Council of—
Kota Bharu 01-09-1983 P.U. (B) 408/1983
District Council of —
Pasir Puteh 01-09-1983 P.U. (B) 409/1983
Machang 01-09-1983 P.U. (B) 410/1983
Kota Bharu 01-09-1983 P.U. (B) 411/1983
Ulu Kelantan 01-09-1983 P.U. (B) 412/1983
Bachok 01-09-1983 P.U. (B) 413/1983
Tumpat 01-09-1983 P.U. (B) 414/1983
Kuala Krai Utara 01-09-1983 P.U. (B) 415/1983
Kuala Krai Selatan 01-09-1983 P.U. (B) 416/1983
Tanah Merah 01-09-1983 P.U. (B) 417/1983
Pasir Mas 01-09-1983 P.U. (B) 418/1983
MALACCA
Municipal Council of—
Central Malacca 01-01-1978 P.U. (B) 763/1977
District Council of —
Jasin 01-01-1982 P.U. (B) 733/1981
Alor Gajah 01-01-1982 P.U. (B) 734/1981
156 Laws of Malaysia ACT 133
State Effective date Authority
NEGERI SEMBILAN
Municipal Council of—
Seremban 01-05-1979 P.U. (B) 215/1979
District Council of —
Kuala Pilah 01-07-1980 P.U. (B) 349/1980
Tampin 01-07-1980 P.U. (B) 350/1980
Rembau 01-07-1980 P.U. (B) 351/1980
Port Dickson 01-07-1980 P.U. (B) 352/1980
Jempol 01-08-1980 P.U. (B) 415/1980
Seremban 01-04-1985 P.U. (B) 165/1985
PAHANG
District Council of —
Temerloh 01-07-1981 P.U. (B) 348/1981
Bentong 01-07-1981 P.U. (B) 349/1981
Raub 01-07-1981 P.U. (B) 350/1981
Maran 01-04-1993 P.U. (B) 99/1993
Pekan 01-04-1993 P.U. (B) 100/1993
Rompin 01-04-1993 P.U. (B) 101/1993
District Council of —
Cameron Highlands 01-03-1982 P.U. (B) 102/1982
Lipis 01-03-1982 P.U. (B) 103/1982
Jerantut 01-03-1982 P.U. (B) 104/1982
PENANG
Municipal Council of—
Penang 01-01-1980 P.U. (B) 649/1979
Seberang Perai 01-01-1980 P.U. (B) 650/1979
PERAK
District Council of —
Tapah 01-04-1980 P.U. (B) 139/1980
Dinding 01-04-1980 P.U. (B) 140/1980
Selama 01-04-1980 P.U. (B) 141/1980
Kuala Kangsar 01-04-1980 P.U. (B) 142/1980
Lenggong 01-04-1980 P.U. (B) 143/1980
Grik 01-04-1980 P.U. (B) 144/1980
Kinta Barat 01-04-1980 P.U. (B) 145/1980
Krian 01-04-1980 P.U. (B) 146/1980
Perak Tengah 01-04-1980 P.U. (B) 147/1980
Kroh 01-04-1980 P.U. (B) 148/1980
Hilir Perak 01-04-1980 P.U. (B) 149/1980
Tanjung Malim 01-04-1980 P.U. (B) 150/1980
Kinta Selatan 01-04-1980 P.U. (B) 151/1980
PERLIS
Municipal Council of—
Kangar 01-01-1980 P.U. (B) 648/1979
SELANGOR
All the Local Authority Areas 01-06-1978 P.U. (B) 279/1978
Taman Seri Muda, District 14-04-1983 Sel. P.U. 10/1983
of Klang
TERENGGANU
District Council of —
Marang 01-02-1984 P.U. (B) 36/1984
Hulu Terengganu 01-02-1984 P.U. (B) 37/1984
Kemaman 01-02-1984 P.U. (B) 38/1984
Dungun 01-02-1984 P.U. (B) 39/1984
Besut 01-02-1984 P.U. (B) 40/1984
________________________________
158
LAWS OF MALAYSIA
Act 133
LIST OF AMENDMENTS
Act A867 Street, Drainage and Building See P.U. (B) 84/1994*
(Amendment) Act 1993
*NOTE—The date of coming into force for every District Council is different–see Schedule in
P.U. (B) 84/1994 Street, Drainage and Building (Amendment) Act 1993.
Street, Drainage and Building 159
130/2007]; Selangor
[P.U. (B) 131/2007];
Federal Territory of
Kuala Lumpur and
Federal Territory of
Putrajaya [P.U.(B)
152/2007]
LAWS OF MALAYSIA
Act 133
*NOTE—The date of coming into force for every District Council is different-see Schedule in
P.U. (B) 84/1994 Street, Drainage and Building (Amendment) Act 1993.