Malaysia legislation
Section 3
of SOLID WASTE AND PUBLIC CLEANSING MANAGEMENT (AMENDMENT) ACT 2025
Section 3
New Part VIIIa
The principal Act is amended by inserting after section 77
the following part:
“Part VIIIa
PROHIBITION AGAINST THROWING, ETC., OF SOLID WASTE
Prohibition against throwing, etc., of solid waste at public place or public road 77a. (1) No person shall throw, discard, place or leave behind or cause to be thrown, discarded, placed or left behind any solid waste in any public place or public road except in receptacles designated for such purposes.
(2)
Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit.
(3)
For the purposes of this section, “public road” includes any Federal road, State road, highway, bridge, tunnel or anything connected to that road, which is maintained and kept by any Federal or State authority or any private person or private bodies.
Community service order 77b. (1) Where a person is convicted of an offence under section 77a, the court before which such person is convicted may, in addition to such fine that it may impose under that section, make a community service order requiring the convicted person to perform community service not exceeding twelve
Solid Waste and Public Cleansing Management
(Amendment)
5
hours in aggregate within the period not exceeding six months and for such number of hours each day not exceeding four as may be specified in such order.
(2)
Before making a community service order under subsection (1), the court shall—
(a)
consider the physical and mental condition of the convicted person, if it is expedient for him to perform community service; and
(b)
explain to the convicted person in ordinary language—
(i)
the effect of the community service order;
and
(ii)
the consequence of failure to comply with the community service order.
(3)
Any authorized officer shall, after a community service order is made under subsection (1), determine the time and place for the performance of the community service and type of community service to be performed by the convicted person, and take reasonable steps to inform the convicted person ordered to perform the community service of such time and place, and the type of community service to be performed.
(4)
During the period of the community service order, the performance of the community service by the convicted person shall be supervised by an authorized officer.
(5)
The supervision by the authorized officer of the performance of the community service by the convicted person under subsection (4) shall be in such manner as may be prescribed.
(6)
Any person who fails to comply with the community service order made under subsection (1) commits an offence and shall, on conviction, be liable to a fine not less than two thousand ringgit and not exceeding ten thousand ringgit.
(7)
Where a community service order under subsection (1)
is made against a child found guilty of an offence under section 77a, the provisions relating to community service order under the Child Act 2001 [Act 611] shall apply.
(8)
For the purposes of this section—
(a)
“child” means a person who is under the age of eighteen years;
(b)
“community service” means an unpaid work, service or course of instructions performed or undertaken for the purpose of maintaining or improving cleanliness of a public place.
Power of supervision of community service 77c. An authorized officer shall have the power to supervise the performance of any community service under a community service order made under subsection 77b(1).”.
Amendment of section 108