Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part II · Streets
39. Taking up pavement
Official textFrom Laws of Malaysia Online, unchanged
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.
person
“person” includes a company, a partnership, a body of persons and a corporation sole;
Any person who damages or causes or permits any damage to be done to any street, footway, verandah way, works or property, or any part thereof, belonging to the local authority or along which the public has a right of passage, shall be liable on conviction to a fine not exceeding one hundred thousand ringgit.
street
“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;
Notwithstanding subsections (1) and (2), the local authority may give notice in writing to direct the person to rectify the displacement, take up or make any alteration of the pavement, flags or other materials or in the fences or posts of the public street or execute such repairs on the damages done to the street, footway, verandah way, works or property, or any part thereof.
local authority
“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;
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
building
“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure support or foundation connected to the foregoing;
Prohibition of laying rails, mains, pipes, etc., along streets
Terms defined in s 3
building
Defined · s 3“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of a human habitation or otherwise, and also any wall, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage or bridge, or any structure support or foundation connected to the foregoing;
local authority
Defined · s 3“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;
person
Defined · s 3“person” includes a company, a partnership, a body of persons and a corporation sole;
public street
Defined · s 3“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;
street
Defined · s 3“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;
Part III
Drains
Part IV
Back-Lanes
Part V
Buildings
Part VI
Miscellaneous
Part VII