Malaysia legislation
Section 34C
of *LEMBAGA PEMBANGUNAN INDUSTRI PEMBINAAN MALAYSIA ACT 1994
Section 34C
(a)
engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise the Lembaga on all matters relating to the safety of the building in respect of which the construction works are being carried out or have been carried out;
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(b)
impose on the contractor, all or any of the directives in subsection (2);
(c)
impose a penalty not exceeding five hundred thousand ringgit on the contractor.
(2)
The Lembaga may, for the purpose of public safety or preventing any situation referred to in subsection 34B(2), issue a written directive to the contractor of the construction works, for the contractor—
(a)
to immediately stop the construction works;
(b)
to carry out or cause to be carried out at the contractor’s cost such inspection as the Lembaga may specify;
(c)
to execute or cause to be executed at the contractor’s cost such construction works as the Lembaga may specify;
(d)
to demolish or cause to be demolished at the contractor’s cost the defective building, or any failure or other event occurring in respect of which the construction works are being carried out or have been carried out or any part thereof, and to remove any debris resulting from the demolition; or
(e)
to revoke or suspend registration of the contractor granted under this Act.
(3)
If any contractor fails to comply with the directive issued by the Lembaga under this section within the time specified, the
Lembaga may execute the directive in such manner as the Lembaga thinks fit and recover in a court of competent jurisdiction, as a debt due to the Lembaga, all expenses reasonably incurred by the
Lembaga in doing so from the contractor.
(4)
Without prejudice to the right of the Lembaga to exercise its powers under subsection (3), any contractor who without reasonable cause, fails to comply with any directive issued to him under subsection (2) shall be guilty of an offence and shall, on conviction,
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Pembinaan Malaysia be liable to a fine not exceeding five hundred thousand ringgit and in respect of a continuing failure to comply, an additional fine not exceeding ten thousand ringgit for every day or part of a day during which the offence continues after conviction.
(5)
Any contractor to whom a directive under subsection (2) has been issued, while the directive is in force, shall display a copy of the directive at every entrance to the building to which the directive relates, and such copy shall be displayed in a way that it can be easily read by people outside the building.
(6)
Any contractor who contravenes subsection (5) shall be guilty of an offence under this Act.
(7)
The Lembaga may order the contractor of the construction works mentioned in subsection (1) to pay or reimburse the Lembaga, all or part of the expenses incurred by the Lembaga in engaging a qualified person or a specialist under paragraph (1)(a) and if the contractor fails to pay the amount payable, the Lembaga may recover in a court of competent jurisdiction, as a debt due to the Lembaga, so much of the amount payable by the contractor.
Death caused by breach of duty of contractor