Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 · Updated to 1 Dec 2017 · Part VIII · Levy
34B. Duty of contractor
Official textFrom Laws of Malaysia Online, unchanged
A contractor undertaking any construction works shall—
contractor
“contractor” means a person who carries out or completes or undertakes to carry out or complete any construction works;
notify and submit to the Lembaga any information and documents, including any supporting documents relating to the construction works, whether new or otherwise, in accordance with this Act;
Lembaga Pembangunan Industri 37
Pembinaan Malaysia
ensure the construction works are carried out in accordance with the provisions of this Act, any regulations, terms and conditions imposed by the Lembaga and any other written law; and
ensure the safety of the building and the construction works whether during or post construction works.
For the purpose of this section, “shall ensure the safety of building and the construction works” means ensuring that any building or construction works are being carried out or have been carried out in such manner as—
building
“building” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, roof, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, road or bridge, or any structure support or foundation connected to the foregoing and any other erection, as the Minister may, by order published in the Gazette, declare to be a building;
not causing or threatening to cause a risk of injury to any person or damage to any property; or
not causing or threatening to cause a total or partial collapse of—
the building in respect of which the construction works are being carried out or have been carried out;
or
any other building, road or natural formation which is opposite, parallel, adjacent or in close proximity to any part of the building or construction works.
Terms defined in s 2
building
Defined · s 2“building” means any permanent or temporary building or structure including any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, roof, fence, platform, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, road or bridge, or any structure support or foundation connected to the foregoing and any other erection, as the Minister may, by order published in the Gazette, declare to be a building;
construction works
Defined · s 2“construction works” means the construction, extension, installation, repair, maintenance, renewal, removal, renovation, alteration, dismantling, or demolition of— (a) any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level; (b) any road, harbour works, railway, cableway, canal or aerodrome; (c) any drainage, irrigation or river control works; (d) any electrical, mechanical, water, gas, petrochemical or telecommunication works; or (e) any bridge, viaduct, dam, reservoir, earthworks, pipeline, sewer, aqueduct, culvert, drive, shaft, tunnel or reclamation works, and includes— (A) any works which form an important and integral part of or are preparatory to or temporary for the works described in paragraphs (a) to (e), including site clearance, soil investigation and improvement, earth-moving, excavation, laying of foundation, site restoration and landscaping; or (B) procurement of construction materials, equipment or workers, necessarily required for any work described in paragraphs (a) to (e);
contractor
Defined · s 2“contractor” means a person who carries out or completes or undertakes to carry out or complete any construction works;
Lembaga
Defined · s 2“Lembaga” means the Lembaga Pembangunan Industri Pembinaan Malaysia established under section 3;