Street, Drainage and Building Act 1974 · s 91

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91.
Mandatory order
(1)  Whenever any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work to which the provisions of this Act apply, and such owner or occupier after due notice fails to erect or remove such building or thing or to perform such work within the specified time, the local authority may make a complaint and the Magistrate’s Court upon hearing the complaint shall make on such owner or occupier a summary order, in this Act referred to as a “mandatory order” requiring such owner or occupier to execute the required work.

124                                   Laws of Malaysia                            ACT 133

Terms of mandatory order
(2)  A mandatory order shall require the person to whom it is directed to execute any work which the court is authorized to require to be executed within a time to be specified in such order and shall also require such person to pay to the local authority a sum for costs and expenses incurred in obtaining such mandatory order.

Penalty for non-compliance
(3) (a) Any person to whom the order is addressed who fails to comply with the requirements of a mandatory order shall, unless he satisfies the court that he has used all due diligence to carry out such order, be liable on conviction to a fine not exceeding two hundred and fifty ringgit a day during his default.
(b)  Where the person fails to comply with the order, the local authority may enter the premises and execute the work so required to be executed and the expenses thereby incurred by the local authority shall be recoverable from the person in default in accordance with any law relating to the recovery of fines.

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s 91Mandatory order

(1)

Whenever any owner or occupier is required under this Act to erect or remove any building or thing or to perform any other work to which the provisions of this Act apply, and such owner or occupier after due notice fails to erect or remove such building or thing or to perform such work within the specified time, the local authority may make a complaint and the Magistrate’s Court upon hearing the complaint shall make on such owner or occupier a summary order, in this Act referred to as a “mandatory order” requiring such owner or occupier to execute the required work.

124 Laws of Malaysia ACT 133

Terms of mandatory order

(2)

A mandatory order shall require the person to whom it is directed to execute any work which the court is authorized to require to be executed within a time to be specified in such order and shall also require such person to pay to the local authority a sum for costs and expenses incurred in obtaining such mandatory order.

Penalty for non-compliance

(3)

(a)

Any person to whom the order is addressed who fails to comply with the requirements of a mandatory order shall, unless he satisfies the court that he has used all due diligence to carry out such order, be liable on conviction to a fine not exceeding two hundred and fifty ringgit a day during his default.

(b)

Where the person fails to comply with the order, the local authority may enter the premises and execute the work so required to be executed and the expenses thereby incurred by the local authority shall be recoverable from the person in default in accordance with any law relating to the recovery of fines.