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Section 13

Unauthorized use of vehicles and boats

of Drainage Works Act 1954

ActIn forceProvision 7 of 8
Section 13

(1)

The officer in charge of any drainage area shall have the power to license sampans and small craft using the drains, canals or waterways within the drainage area of which he is in charge.

Such licences shall be valid only within such drainage area. The officer in charge may refuse to license any sampan or craft which he has reasonable cause to believe is likely to be used at any time in waters outside such drainage area.

(2)

Such licences shall be valid only till the 31st day of December, or, in the State of Kedah, the last day of Zulhijjah, of the year in which they have been issued, and the licence fee shall be one ringgit in respect of each sampan or craft.

(3)

The officer in charge of any drainage area may give permission in writing to bring within the drainage area and to use therein, any craft not mechanically propelled, which has been licensed under any other written law.

(4)

Any person who shall bring into any drainage area, or use therein, any unlicensed craft, or any craft licensed under any other written law in respect of which permission in writing has not previously been obtained under subsection (3), shall commit an offence.

(5)

Any person who, without previously having obtained permission in writing from the officer in charge of any drainage area—

(a)

drives, draws or pushes any vehicle, other than a bicycle, or causes any such vehicle to be driven, drawn or pushed along the banks or sides of any drainage channel or bund;

or

(b)

floats, or causes to be floated, in any drainage channel any wood or other material, shall commit an offence.

(6)

Any person convicted of an offence under this section shall be liable to imprisonment for three months or to a fine of two hundred ringgit or to both.

Drainage Works 11

Officer-in-charge of a drainage area 14.

Every drainage area shall be in charge of a Drainage and

Irrigation Engineer or such other officer as the appropriate authority may from time to time appoint, and such Drainage and Irrigation

Engineer, or such other officer shall be known, and is referred to in this Act, as the officer in charge of the drainage area.

Prosecution 15.

The officer in charge of any drainage area may conduct any prosecution in respect of an offence against this Act relating to such drainage area.

Rules 16.

The appropriate authority may make rules—

(a)

to prescribe the manner of determining the drainage rate to be imposed on any lands;

(b)

to prescribe the manner of collecting amounts accrued due in respect of any drainage rate;

(c)

generally to give effect to this Act.

Power to arrest 17.

Any penghulu or penggawa, any police officer or any officer of the Drainage and Irrigation Department not below the rank of

Inspector, may arrest without warrant any person found committing an offence against sections 11, 12 or 13, and shall forthwith bring such person before the officer in charge of the drainage area who may, if so empowered, compound the offence under section 18 or may order the person arrested to be produced before a Magistrate.