Section 49
Security to be given
No application shall be entertained by the Court under section 48 unless the applicant has deposited in Court the amount of the arrears and costs or given security for the same to the satisfaction of the Court.
Liability of transferor 50.—
(1)
Every person who sells or transfers any property in respect of which costs and expenses have been incurred by the local authority in or about the execution of any work which are, under this
Ordinance, recoverable from the owner thereof shall continue to be liable for the payment of all such costs and expenses payable in respect of such property and for the performance of all other obligations imposed by this Ordinance upon the owner of such property which become payable or are to be performed at any time before such notice of transfer has been given.
(2)
Nothing herein shall affect the liability of the purchaser or transferee to pay such expenses or costs in respect of such property or affect the right of the local authority to recover such costs and expenses from or to enforce any obligation under this Ordinance against the purchaser or transferee.
Proceedings if an occupier opposes the execution of works 51.—
(1)
If the occupier of any premises prevents the owner thereof from carrying into effect in respect of such premises any of the provisions of this Ordinance after notice of his intention so to do has been given by the owner to such occupier, the Court, upon proof thereof and upon application of the owner, may make an order in writing requiring such occupier to permit the owner to execute all such works with respect to such premises as are necessary for carrying into effect the provisions of this Ordinance and may also, if it thinks fit, order the occupier to pay to the owner the costs relating to such application or order.
(2)
If after the expiration of eight days from the date of the order such occupier continues to refuse to permit such owner to execute such works, such occupier shall be guilty of an offence and shall upon conviction, be liable to a fine of not less than five thousand ringgit and not exceeding fifteen thousand ringgit, and, in the case of a continuing offence to a further fine of one thousand ringgit for every day that the offence is continued after conviction, provided that every such owner during the continuance of such refusal shall be discharged from any penalties to which he might otherwise have become liable by reason of his default in executing such works.
Disposal of matters and things removed by local authority 52.—
(1)
Any matter or thing removed by any local authority in executing any work which it is entitled to execute under this
Ordinance shall except as otherwise provided be the property of the local authority and may be sold by public auction or, if the local authority thinks the circumstances of the case require, may be sold otherwise or be disposed of without sale.
(2)
The moneys arising from the sale may be retained by the local authority and applied in or towards the expenses incurred and the surplus, if any, shall be paid on demand to the owner of such matter or thing.
(3)
If such surplus is not claimed within two years it shall be paid into the general revenue of the local authority concerned.
(4)
If any matters or things belonging to several persons are removed by the local authority in executing any such work, it shall cause such matters or things, if sold, to be sold separately.
Granting of permits to be discretionary 53.—
(1)
The grant or renewal of any permit in pursuance of this
Ordinance shall be in the discretion of the local authority or person authorized to grant or renew the same and a permit may be granted, renewed or refused without assigning any reason therefor and may be granted or renewed subject to such restrictions and conditions as the local authority or person granting or renewing the same may think fit and such permit shall be subject to suspension or revocation at any time without compensation and without notice by the local authority upon breach of any restriction or condition subject to which it was issued.
(2)
The local authority or person authorized to grant or renew such permit may require any applicant therefor to furnish such information as the local authority or that person may reasonably require for a full and proper consideration of the application and in the event of a refusal to furnish such information shall refuse to grant or renew such permit.
(3)
Save as otherwise provided, any permit granted or renewed in pursuance of this Ordinance or regulations made hereunder may be for such period not exceeding twenty-four months as the local authority thinks fit.
(4)
There shall be charged for the grant or renewal of any permit such fee, if any, as may be prescribed.
(5)
No such permit shall be transferable without the consent of the local authority.
(6)
Save as otherwise provided, any person aggrieved by the refusal by any local authority to grant or renew a permit or by the suspension or revocation by such local authority of any permit may within the month of such refusal, suspension or revocation appeal to the Minister whose decision thereof shall be final.
(7)
In this section “permit” includes any approval, consent, leave, permission or authorization which may be granted in pursuance of this Ordinance.
Receipts and notices may be given by officer authorized thereunto 54.—
(1)
All notices, orders, receipts, warrants and other documents of whatsoever nature which a local authority is empowered to give by this Ordinance may be given by any officer or employee authorized thereunto by the local authority.
(2)
Where any such notice, order, receipt, warrant or document requires authentication, the signature or a facsimile thereof of the local authority or any officer or employee authorized thereunto by the local authority affixed thereto shall be sufficient authentication.
Service of notice 55.—
(1)
Every notice, order, summons or document required or authorized by this Ordinance to be served on any person may be served—
(a)
by delivering the same to such person or by delivering the same at the last known place of abode of such person to some adult member or servant of his family;
(b)
by leaving the same at the usual or last known place of abode or business of such person in a cover addressed to such person; or
(c)
by forwarding the same by post in a prepaid cover addressed to such person at his usual or last known place of abode or business.
(2)
A notice, order, summons or document required or authorized by this Ordinance to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the “owner” or “occupier” of such premises without further name or description.
(3)
A notice, order, summons or document required or authorized by this Ordinance to be served on the owner or occupier of any premises may be served by delivering the same or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by affixing the notice, order, summons or document to some conspicuous part of the premises.
Default in compliance with notice. General penalty 56.—
(1)
When any notice under this Ordinance requires any act to be done or work to be executed by the owner or occupier of any premises and default is made in complying with the requirement of such notice, the person in default shall, where no fine is specially provided for such default, be liable on conviction to a fine of not less than ten thousand ringgit and not exceeding thirty thousand ringgit or, if any work is required to be done, one thousand ringgit a day during his default.
(2)
When any such notice requires any act to be done or work to be executed for which no time is fixed by this Ordinance, it shall fix a reasonable time for complying with the requirement.