Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 · Updated to 1 Dec 2017 · Part IX · Enforcement and Investigation
35C. Search and seizure with warrant
Official textFrom Laws of Malaysia Online, unchanged
If it appears to a Magistrate, upon written information on oath and after such enquiry as the Magistrate considers necessary that there is reasonable cause to believe that—
any premise or construction site has been used or is about to be used for; or
there is in any premise or construction site, evidence necessary to the conduct of an investigation into, the commission of an offence under this Act or any regulations or rules made under this Act, the Magistrate may issue a warrant authorizing an authorized officer named therein, at any reasonable time by day or by night and with or without assistance to enter the premise or construction site and if need by force.
Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the authorized officer to–
authorized officer
“authorized officer” means— (a) an officer of the Lembaga authorized under section 35; or (b) a police officer not below the rank of Inspector under section 35V;
search and seize any construction material, equipment, instrument, book, record, document, computerized document, article or other thing that is reasonably believed to furnish evidence of the commission of such offence;
take samples of any construction material or thing found in the premise or construction site for the purposes of
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ascertaining, by testing or otherwise, whether the offence has been committed;
make copies of or take extracts from any book, record, document, computerized document, article or other thing found in the premise or construction site; and
direct that the premise or construction site or any part thereof or anything therein, shall be left undisturbed, whether generally or in particular, by affixing a seal.
An authorized officer entering any premise or construction site under this section may take with him such other person and equipment as may appear to him to be necessary.
An authorized officer may, in exercise of his powers under this section, if necessary—
break open any outer or inner door of the premises or construction site or any obstruction to the premises or construction site in order to effect entry into the premise or construction site;
to remove by force any obstruction to entry, search, seizure or removal as the authorized officer is empowered to effect under this section; and
to detain any person in the premise or construction site until the search has been completed.
Where, by reason of its nature, size or amount, it is not practical to remove any construction material, equipment, instrument, book, record, document, computerized document, article or other thing seized under this section, the authorized officer shall, by any means, seal the construction material, equipment, instrument, book, record, document, computerized document, article or other thing in the premise or construction site in which it is found.
construction material
“construction material” means any type, size and nature of material, initial, temporary, intermediate or finished, whether manufactured locally or imported used for the purposes of construction industry;
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Lembaga
“Lembaga” means the Lembaga Pembangunan Industri Pembinaan Malaysia established under section 3;
Pembinaan Malaysia
Terms defined in s 2
authorized officer
Defined · s 2“authorized officer” means— (a) an officer of the Lembaga authorized under section 35; or (b) a police officer not below the rank of Inspector under section 35V;
construction material
Defined · s 2“construction material” means any type, size and nature of material, initial, temporary, intermediate or finished, whether manufactured locally or imported used for the purposes of construction industry;
Lembaga
Defined · s 2“Lembaga” means the Lembaga Pembangunan Industri Pembinaan Malaysia established under section 3;
Part X