Malaysia legislation

Section 20

of Distribution Of Gas Ordinance, 2016

Section 20

(a)

carries out any activity specified in section 7 or section 19B without a licence;

(b)

is in breach of any terms and conditions specified in a licence issued under this Ordinance;

(c)

makes any false, inaccurate or misleading statements in the form used to apply for a licence under this Ordinance, shall be guilty of an offence and shall, upon conviction, be liable with a fine of not less than five hundred thousand ringgit and not exceeding one million ringgit, or imprisonment for a term not exceeding five years, or to both, and to a further fine of not exceeding five thousand ringgit for every day or part of a day during which the offence continues after conviction, and any pipeline, installation or facility or

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part thereof used or intended to be used in the commission of the offence shall be liable to forfeiture.

(2)

Any person who uses gas for any purpose or in any manner, which is not permitted under a licence issued to him under this

Ordinance shall be guilty of an offence and shall, upon conviction, be liable with a fine of not less than twenty thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding six months, or to both.

(3)

Any person who by any wilful, dishonest, rash or negligent act or omission extends, adjusts, alters, removes, destroys or damages any pipeline or installation or part thereof shall be guilty of an offence and shall, upon conviction, be liable with a fine of not less than two hundred thousand ringgit and not exceeding five hundred thousand ringgit or imprisonment for a term not exceeding five years, or to both.

(4)

Any person who by any wilful, dishonest, rash or negligent act or omission tampers with or damages any pipeline or installation or part thereof, so as to cause or likely to cause injury to human life or limb, or damage to any property, shall be guilty of an offence and shall, upon conviction, be liable with a fine of not less than three hundred thousand ringgit and not exceeding five hundred thousand ringgit or imprisonment for a term not exceeding seven years, or to both.

(5)

Any person who—

(a)

causes any pipeline, installation or facility or part thereof, to be diverted from its proper course for the purpose of abstracting, consuming, using or wasting gas therefrom;

(b)

dishonestly alters the index of any meter or other instrument used on or in connection with any pipeline, installation or facility or part thereof, belonging to the licensee or any other person, for recording the output or consumption of gas;

(c)

prevents any meter or other instrument from duly recording the output or consumption of gas;

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(d)

damages any meter or other instrument used on or in connection with any pipeline, installation or facility or part thereof, for recording the output or consumption of gas; or

(e)

dishonestly abstracts or consumes or uses gas, shall be guilty of an offence and shall, upon conviction, be liable with a fine of not less than two hundred thousand ringgit and not exceeding five hundred thousand ringgit or imprisonment for a term not exceeding five years, or to both.

(6)

Any person who, without the lawful authority of the

Director or Regulator, undertakes any work or engages in any activity in the vicinity of any gas pipeline, installation or facility or part thereof, in a manner likely to interfere with such pipeline or installation or part thereof, shall be guilty of an offence and shall, upon conviction, be liable with a fine of not less than twenty thousand ringgit and not exceeding fifty thousand ringgit or imprisonment for two years, or to both.

(7)

Any person who dishonestly receives or retains any stolen gas pipeline, installation or facility or part thereof, shall be guilty of an offence and shall, upon conviction, be liable with a fine of not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for two years, or to both.

(8)

Any person who removes or transports gas cylinders out of

Sarawak shall be guilty of an offence and shall, upon conviction, be liable with a fine of not less than ten thousand ringgit and not exceeding one hundred thousand ringgit or imprisonment for two years, or to both.

(9)

Notwithstanding the prosecution of the person for any offence under this section, the licensee may—

(a)

recover by way of civil proceedings the amount of the tariffs for the gas which have been consumed but the output whereof has not been registered by the meter or instrument; and

(b)

suspend, disconnect or cease the supply of gas to any consumer who has committed an offence under this section.

[Sub. Cap. A216/2024]

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General penalty