*STREET, DRAINAGE AND BUILDING ACT 1974

This Act shall apply only to Peninsular Malaysia.

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.

Notwithstanding subsection (3) the State Authority may by notification in the Gazette exempt any area of any local authority from any or all the provisions of this Act or any by-laws made thereunder.

Notwithstanding the provisions of subsection (3), in relation to the Federal Territory this Act shall come into force on such date as the

Minister may appoint by a notification in the Gazette.

Notwithstanding the provisions of subsection (3) the State

Authority may by notification in the Gazette extend any or all the provisions of this Act to apply to the whole or any part of any area within the State which is not under any local authority; and may make such modifications, amendments or variations to the provisions as may be necessary for the purpose of application to such area.

Savings

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

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in the opinion of the local authority, the use or the right to use is for the advantage or benefit of the land;

“geotechnical” means an engineering field in relation to the behavior of soil and rock which includes the types, conditions, profiles, structural design, slope stabilization and other monitoring works related to the behavior of the soil and rock;

“house” includes dwelling-house, warehouse, office, countinghouse, shop, school, and any other building in which persons are employed;

“Improvement Service Fund” means the Improvement Service Fund established under section 132;

“local authority” means any city council, municipal council, town council, town board, local council, rural board or similar local authority established by written law and in relation to the Federal

Territory means the Commissioner of the City of Kuala Lumpur appointed under section 3 of the Federal Capital Act 1960 [Act 190];

“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing, or which is or is likely to be injurious or dangerous to health or property;

“occupier” means the person in actual occupation of the land or building in respect of which the word is used, or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;

“owner” means—

the registered proprietor of the land;

the lessee of a lease including a sub-lessee of the land whether registered or not;

the agent or trustee of any of the owners described in paragraphs (a) and (b) of this definition if in the opinion of

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a local authority any of those persons cannot be traced or, if any of those persons has died, his legal personal representative;

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;

“partial certificate of completion and compliance” means the certificate given or granted under any by-laws made under this Act;

“person” includes a company, a partnership, a body of persons and a corporation sole;

“a place of public resort” means a building, or a defined or enclosed place used or constructed or adapted to be used either ordinarily or occasionally as a church, chapel, mosque, temple or other place where public worship is or religious ceremonies are performed, not being merely a dwelling house so used, or as a cinema, theatre, public hall, public concert room, public ballroom, public lecture room, or public exhibition room, restaurant, night club, terminus, or shopping arcade, or as a public place of assembly for persons admitted thereto by ticket or otherwise, or used or constructed or adapted to be used either ordinarily or occasionally for any other public purpose;

“premises” includes messuages, houses, buildings, lands, tenements, easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;

“principal submitting person” means a qualified person who submits building plans to the local authority for approval in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first-mentioned qualified person;

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“private connection pipe” has the same meaning assigned to it under the *Water Services Industry Act 2006 [Act 655];

“private street” means any street not being a public street;

“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;

“qualified person” means a Professional Architect, Professional

Engineer or building draughtsman registered under any written law relating to the registration thereof;

“sewer” has the same meaning assigned to it under the *Water

Services Industry Act 2006 [Act 655];

“sewerage system” has the same meaning assigned to it under the

*Water Services Industry Act 2006;

“sky-sign” means any erection consisting of a frame, hoarding, board, bar, pillar, post, wire or any combination of such things, or any erection of a like nature, or any visible object which floats or is kept in position by wire or other flexible attachment, displayed for the purposes of trade or professional advertisement in such a position as to be conspicuously visible against the sky above the general level of the roofs or surrounding buildings from any street or public place;

“slope” means a pitch of land surface or rock whether build or exists naturally including any erection which resist forces and moments of the slope;

“State Authority”, in relation to—

*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.

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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

the Federal Territory of Kuala Lumpur means the Minister charged with the responsibility for local government;

“street” includes any road, square, footway or passage, service road, whether a thoroughfare or not, over which the public have a right of way, and also the way over any bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings, whether the public have a right of way over it or not; and all channels, drains, ditches and reserves at the side of any street shall be deemed to be part of such street;

“street works” includes work of sewering, levelling, paving, metalling, flagging, kerbing, channelling, draining, lighting, laying of water, gas or electricity services and otherwise the making good a street or part of a street;

“structural elements” means those parts or elements of a building which resist forces and moments and includes foundations, beams, columns, shear cores, slabs, roof trusses, staircases, load bearing walls and all other elements designed to resist forces and moments but excludes doors, windows and non-load bearing walls;

“structural plan” means a plan relating to structural elements;

“sullage” includes any household waste liquids discharged from any bath, shower, lavatory, basin, floor gully, laundries or sink (not being a slop sink) but excludes faecal water and urine.

“submitting person” means a qualified person who submits plans other than building plans to the local authority or relevant statutory authority in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first mentioned qualified person;

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“sullage” includes any household waste liquids discharged from any bath, shower, lavatory, basin, floor gully, laundries or sink (not being a slop sink) but excludes faecal water and urine.

cause the same to be paved, metalled, flagged, channelled, drained, kerbed, lighted or otherwise improved, and the surface thereof to be raised, lowered or altered as it thinks fit;

make and keep in repair any footways for the use of foot passengers in any such street;

place on the sides of such footways or otherwise such fences and posts as are needed for the protection of foot passengers;

provide street lighting.

Boundary stones

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.

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Penalty

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.

Owner or occupier to protect boundary stones

The owner and occupier of any premises in or against or to which such stone or mark is set up or affixed shall protect the same.

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.

Power to make and improve streets

lay out and make new streets and back-lanes;

build and construct bridges and tunnels;

turn, divert, discontinue or stop up any public street; and

widen, open, enlarge or otherwise improve any public street.

Power to take land adjoining new streets for building purposes

erect any buildings upon the land so acquired or alter any existing buildings thereon; and

sell and dispose of such land or buildings with such stipulations and conditions as to the class and description of buildings to be erected on such land as it thinks fit.

For the purpose of subsection (1), in relation to the Federal

Territory reference to the State Authority shall be construed as reference to the Government of the Federation.

Power to acquire to be in accordance with law relating to compulsory acquisition

For the purpose of subsection (1), in relation to the Federal

Territory reference to the State land shall be construed as reference to

Federal land.

Local authority may recover cost of new street or of widening, opening, etc., of public street

constructing the new street; or

widening, opening, enlarging or otherwise improving the public street,

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from the developer concerned or the frontagers or both.

If such sum is to be paid by the developer, it may be recovered from the developer.

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.

In determining the respective amounts to be paid by the frontagers or developers the local authority may take into consideration any or all of the following factors:

If the frontager or the developer is dissatisfied with the apportionment of costs, he may, within one month of the receipt of the notice of apportionment, appeal to the State Authority whose decision shall be final and shall not be subject to any appeal or review in any court.

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The local authority may exempt any frontager or class of frontagers from payment of the whole or part of the cost of the street works.

Private persons making new streets

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.

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:

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.

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.

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.

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Any person who—

Where any new street is stated to be intended for pedestrians, the local authority may impose such conditions for ensuring that the same shall not be used by vehicles or classes of vehicles as may be specified by it.

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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.

No person shall erect or maintain or permit to be erected or maintained any obstruction in any street, and the local authority may, where any such obstruction exists, take down and remove the same and cost and expenses of so doing may be recovered from the person who erects, maintains or permits the erection or maintenance of such obstruction and shall be recoverable in the manner hereinafter provided.

For the purposes of this section the continuation of an existing street or the widening or alteration of any existing street or the adapting for carriage traffic of a street made for other traffic shall be deemed to be making a new street in respect of the whole thereof.

If the person applying under subsection (2) is dissatisfied with any requisition or disapproval by the local authority, he may, within seven days from the receipt of such requisition or disapproval, appeal to the State Authority whose decision shall be final.

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.

Approval of plans to expire

In apportioning the estimated cost thereof among the frontagers or developers, the local authority may take into consideration any or all of the following factors:

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—

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.

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Frontagers may object to execution of proposed street works and to plan, etc.

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:

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.

The plan, specification, estimate and provisional apportionment so confirmed or amended shall be open to inspection by the persons referred to in subsection (3) or (4) during the usual office hours at the office of the local authority and a notice stating that they are open to inspection shall be published in such manner as the local authority may determine.

No objection shall be made to such amended requisition or estimates or apportionment.

When local authority may execute work

If such street works—

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.

Extent of liability of owner when expenses exceeded

If the expenses incurred by the local authority in executing the street works as shown in the final apportionment exceeds the estimated expenses as shown in the provisional apportionment or amended provisional apportionment (as the case may be) the frontagers or developers affected shall not be liable to pay that part of such expenses as shown in the final apportionment which are in excess of a sum equal to the estimates shown in the said provisional apportionment plus ten per centum thereof.

For the purpose of this section “developer” means the developer of lands belonging to persons who would be frontagers.

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Declaration of public streets

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

in any other case, of the several frontagers of such private street or part of a private street as together have an annual value of more than fifty per centum of the total annual value of the premises fronting on, adjoining, abutting on or

(though not actually so fronting, adjoining or abutting)

adjacent or accessible to such private street or part of the private street, as the case may be, demanding that the private street or part of the private street be declared a public street, the local authority shall declare the same to be a public street and such street shall thereupon become a public street and forever afterwards be maintained by the local authority.

The declaration shall be published in such manner as the local authority thinks fit.

Private streets may be declared public streets

Notwithstanding subsection (1) the local authority may require the frontagers to provide lighting for the street to the satisfaction of the

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local authority as a condition precedent to the declaration under subsection (1).

A copy of the intention to declare such street as a public street shall be forthwith posted up in some prominent part of the said street.

At the expiration of the said period, unless the frontagers or such frontagers having the greater part in the annual value have, by notice to the local authority in writing under their hands, objected thereto, the said street shall become a public street and forever afterwards be maintained by the local authority.

After considering the objections or if there is no objection after the expiration of the said period the local authority shall declare the street as a public street.

Widening of private streets

Where the acquisition under this section of any portion of a building affixed to a holding renders useless the remainder of such building, the State Authority shall, if the owner so requires, acquire the remainder of the holding of which such building forms a part.

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Acquisition of whole holding in certain circumstances

Where the acquisition under this section of any portion of a holding having no building affixed to that portion or to the remainder of the holding, would render useless as a building site the remainder of the holding the State Authority shall, if the owner so requires, acquire the remainder of the holding.

The cost of acquisition under this section may be recovered from the developers or frontagers or both.

Owner to repay local authority cost of acquisition

If it is to be recovered from the frontagers it shall be apportioned among the persons who are frontagers of such street at the time of completion of such widening, opening, enlarging or other improvement and the sums apportioned shall be recoverable as hereinafter provided from such persons by the local authority.

Factors to be taken into consideration for apportionment

In apportioning the cost thereof among the frontagers or developers, the local authority may take into consideration any or all of the following factors:

The frontagers or developers affected by the apportionment may within one month of the receipt of the notice to pay the amount appeal to the State Authority whose decision shall be final.

Pending the decision of the State Authority, the frontage or developer shall be bound to pay the sum first and if the decision of the

State Authority is in favour of the appellant, the local authority shall remit such sum or part of such sum as the case may be.

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.

For the purpose of this section “developer” means the developer of lands belonging to persons who would be the frontagers.

Repair of private streets

the developer;

the frontagers of such street; or

any other person who, in the opinion of the local authority, was responsible for causing the street to be in a dangerous or defective condition, to cause such street to be properly repaired and amended within such time as may be prescribed in such notice and may in such notice specify the date before which such work shall be commenced.

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If any frontager or developer or any other person fails to comply with the requirements of such notice, the local authority may itself cause the work to be done and such frontager or such other person shall pay to the local authority the cost and expense thereof as apportioned by the local authority:

Provided that if such frontager or developer or such other person fails to commence such work before the date specified under subsection (1), the local authority may in its discretion, notwithstanding that the period stated in the notice for the completion of the work has not yet expired, itself cause the work to be done and recover the cost and expense thereof in the manner hereinafter provided.

If any frontager or developer or any other person is dissatisfied with the apportionment of costs, he may within one month from the date of receipt of the notice appeal to the State Authority whose decision thereon shall be final and shall not be subject to any appeal in any court.

Notwithstanding subsections (1) and (2), the local authority may, in its discretion, and so far as the funds at its disposal will admit, execute at its own expense street works on any private street or any part thereof as may be deemed necessary for or conducive to the public safety, health, convenience or comfort:

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).

A certificate of the local authority stating that it is of the opinion that such person named in such certificate was responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be prima facie evidence of such facts for the purpose of any proceedings for the recovery of the cost and expense of repairing such private street.

For the purpose of this section “developer” means the developer of lands belonging to persons who would be the frontagers.

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Notice on person causing private street to be in a dangerous or defective condition

The local authority shall in specifying the sum to be deposited with the local authority under subsection (1) have regard to the cost and expense that would have to be incurred if it should cause the repairs to be done.

Any frontager, developer or any other person who fails to comply with the notice shall be liable on conviction to a fine not exceeding five thousand ringgit or to imprisonment for a term which may extend to twelve months or to both.

The certificate of the local authority stating that it is of the opinion that such frontager, developer or such other person named in such certificate was responsible for causing a private street or part thereof to be in a dangerous or defective condition shall be prima facie evidence of such facts for the purposes of any prosecution under this section.

Payments to be made before erection of buildings in respect of street works

where any building which is to be erected will have frontage on a private street in respect of which the local authority may be able to exercise its powers under the provisions of section 11 to require street works to be executed or to execute street works on its own; or

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in any case where an application is required, under the provisions of section 9, for the making of a new street, no work shall be commenced or done for the purpose of erecting such buildings, unless—

(aa) the person erecting the building has deposited with the local authority such sum, if any, as may be required to be deposited in accordance with an order made under section 18; or

(bb) the deposit in respect of the erection of such building or class of buildings has been exempted under any order made by the State Authority under subsection (8):

Provided that such person may, if the local authority so agrees, instead of making a deposit of a sum of money give a security to the satisfaction of the local authority.

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.

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.

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.

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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.

Where any person has been convicted of an offence under subsection (4) or (5) or both and the erection of the building has been completed, the court before which such person is convicted may, in addition to such fine or imprisonment that it may impose under subsection (4) or (5) or both, order him to deposit any amount that he would have been required to deposit under section 18, and such amount may be recovered according to the law for the time being in force for the recovery of fines.

A certificate of the local authority stating that it is of the opinion—

The State Authority may by order in writing exempt any building or class of buildings from the provisions of subsection (1).

Determination of the amount to be deposited and the date of completion

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.

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.

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.

Local authority may execute and cause to be properly carried out street works

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).

Refund of deposit when street works have been completed

The local authority may retain the deposit or security or any part of such deposit or security if, it is of the opinion that—

In this section and in section 19 “building operations” means such works as are carried out for the erection of any new building including works which are preparatory to the erection of such new building.

Refund of deposit when building operations are not commenced

The local authority shall, upon receipt of such notice, cancel the approval of the plans and specifications in respect of such proposed building.

The local authority shall refund the deposit or part thereof or return such security or part thereof as it may determine.

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Preparation of scheme for building

The local authority shall as soon as the scheme is prepared publish a public notice of the preparation of the scheme in the Gazette and in such local newspaper or newspapers as the local authority may determine, giving particulars of place where copies of the scheme may be inspected, inviting objections in writing from any person with respect to the scheme and stating the period (which shall not be less than one month) within which such objections may be made.

If no objection is received within the period in which objections may be made the local authority shall apply to the State Authority for an order that the scheme be confirmed.

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.

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.

Order may be made with conditions

The State Authority may by order confirm the scheme submitted by the local authority under subsection (3) or (5) and may, in confirming the scheme, modify the scheme or impose such conditions as the State Authority thinks fit.

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State Authority may modify scheme

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.

Effect of plan forming part of scheme

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.

Regular line of street may be prescribed

A line so prescribed shall be called “the regular line of the street”.

Local authority in certain cases may take possession of land within the regular line of street

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.

Land taken to form part of street

Land so taken possession of under this section shall be acquired by the State Authority at the request of the local authority in accordance with any law relating to the compulsory acquisition of land and when acquired shall be deemed to be a part of the public street.

For the purpose of subsection (3), in relation to the Federal

Territory reference to the State Authority shall be construed as reference to the Government of the Federation.

Provision of footways, etc.

The cost of constructing and maintaining any footway proposed to be made under the powers given in this section, as well as the cost of setting back any such erection as aforesaid, shall be borne by the local authority and the notice or notices required to be given shall contain a specification of the work required to be done and the materials to be used and an offer by the local authority to pay such sum as may be specified therein as being the cost of carrying out such work.

Who to execute work

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

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.

Local authority may put up lamp posts and lamps

The owner of every house or building shall, within twenty-one days after the service of notice from the local authority to that effect, put up and keep in good condition proper troughs, gutters and pipes for receiving and carrying the water from the roof and other part of such house or building and for discharging the same in such manner as the local authority may direct so that it shall not fall upon persons passing along the street or enter any sewer.

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.

Situation of water pipes, etc., to be altered at the expense of the local authority

The expenses attending such raising, sinking, lowering or altering, and reasonable compensation for the damage done thereby, may be paid by the local authority.

If the person or authority to whom any such pipes, works, mains, cables or apparatus belong, or under whose control they are, does not proceed forthwith, or as soon as conveniently may be, after the receipt of such notice to cause the same to be raised, sunk, lowered or altered in the manner required by such notice, a Magistrate’s Court shall, on the application of the local authority, issue a mandatory order for the execution of the necessary work.

Where road is injured by excavation local authority may repair and recover expenses

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

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.

Any person who destroys, pulls down, defaces, covers or conceals any inscription of the name of a street which has lawfully

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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.

Designation of fire hydrants

Any person who destroys, pulls down, defaces, covers or conceals any such plate shall be liable on conviction to a fine not exceeding five hundred ringgit.

Numbers on houses

Any person who destroys, pulls down, defaces, covers or conceals any such mark shall be liable on conviction to a fine not exceeding five hundred ringgit.