Malaysia legislation
Section 35
Section 35
(2)
Upon receipt of a complaint and an application for a prohibitory order under subsection (1), the court shall serve a notice in Form E in the First Schedule on the owner or occupier of the premises, or on both, calling on them to show cause why a prohibitory order should not be made; and if cause is not shown by either the owner or occupier or both, the court may make such an order prohibiting or restricting the use of the said premises.
(3)
A prohibitory order shall be in Form F in the First
Schedule and shall be served on both the owner and occupier of the premises in question.
(4)
Upon the application by the owner or occupier of the premises for revocation of the prohibitory order or upon being informed by the Director General that the risks have been reduced to a reasonable level, the court, if satisfied that the premises in respect of which a prohibitory order is in force would not pose any serious risk to person or property in case of fire, may revoke the prohibitory order.
(5)
Any person who without reasonable excuse knowingly contravenes a prohibitory order shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both and shall also be liable to a further fine of one hundred ringgit for each day during which the offence is continued after the conviction.
0 WJW23/0425 Act 341 BI.indd 31 25/07/2023 9:14 AM
Act 341
Power of Director General to order activity to cease in cases of urgency 35a. (1) Notwithstanding any of the provisions of this Act, where the Director General is satisfied that—
(a)
any continued activity in any premises would constitute an immediate danger of fire prejudicial to the safety of life or property; and
(b)
the delay in applying for and obtaining a prohibitory order under subsection 35(2) would substantially increase the risk to such life or property, he may, by order, direct the owner or occupier of the premises to cease such activity.
(2)
An order to cease activity shall be in Form G and shall be served on both the owner and occupier of the premises.
(3)
Any person who fails to comply with an order of the
Director General made under subsection (1) shall be guilty of an offence.
Appeal against order of Director General to cease activity 35b. (1) An owner or occupier who is dissatisfied with an order to cease activity made by the Director General under subsection 35a(1) may, within ten days of the making of the order, appeal to the High Court.
(2)
An appeal against an order to cease activity shall not operate as a stay of execution, but the court may, on application and on sufficient cause being shown, grant a stay of execution on such terms as it may think fit.
Appeals against prohibitory order or refusal to make prohibitory order