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Section 128

Proceedings if occupier opposes the execution of works

of Water Services Industry Act 2006

ActIn forceProvision 107 of 147
Section 128

(1)

If the occupier of any premises prevents the owner or the management corporation of the premises from carrying into effect in respect of the premises any of the provisions of this Act or its subsidiary legislation after notice of the owner’s or the management corporation’s intention to do so has been given by the owner or the management corporation to that occupier, a Magistrate’s Court, upon proof thereof and upon application of the owner or the management corporation, may make an order requiring the occupier to permit the owner or the management corporation to execute all such works with respect to that premises as are necessary for carrying into effect the provisions of this Act or its subsidiary legislation and may also, if it thinks fit, order the occupier to pay to the owner or the management corporation the costs relating to the application or order.

(2)

The occupier of any premises who continues, after the expiration of eight days from the date of an order made under subsection (1), to refuse to permit the owner or the management corporation of the premises to execute the works specified in the order commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit, and the owner or the management corporation shall, during the continuance of the occupier’s refusal, be discharged from any penalty to which the owner or the management corporation might otherwise be liable by reason of his or its default in executing the works.