Street, Drainage and Building Act 1974 · Updated to 31 Dec 2019 · Part VI · Miscellaneous
97. Power to enter upon lands for the purposes of this Act
Official textFrom Laws of Malaysia Online, unchanged
Any local authority may, for the purposes of this Act, by its officers, employees, agents or contractors, enter at all reasonable hours in the daytime into and upon any building or land as well for the purpose of making any survey or inspection as for the purpose of executing any work authorized by this Act to be executed by it without being liable to any legal proceedings or molestation whatsoever on account of such entry or of anything done in any part of such building or land in pursuance of this Act:
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;
Proviso
Provided that the local authority shall not enter into any dwelling house in actual occupation, except with the consent of the occupier thereof or after giving twenty four hours’ previous notice to such occupier:
dwelling house
“dwelling house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;
Provided also that the State Authority may declare that any class of premises, for the control and supervision of which by-laws may be made under this Act, are liable to night inspection, and thereupon any officer, employee, agent or contractor in that behalf duly authorized in writing may, at any time of the day or night and without notice, enter
premises
“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;
128 Laws of Malaysia ACT 133
using such force as may be necessary into and search or inspect any premises of the class specified in the declaration.
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;
dwelling house
Defined · s 3“dwelling house” includes a building or tenement wholly or principally used, constructed or adapted for use for human habitation;
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;
occupier
Defined · s 3“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;
premises
Defined · s 3“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;