Lembaga Pembangunan Industri Pembinaan Malaysia Act 1994 · Updated to 1 Dec 2017 · Part IX · Enforcement and Investigation
35P. Sale and disposal of seized material
Official textFrom Laws of Malaysia Online, unchanged
The Chairman may, at any time, direct that any construction material seized under this Act be sold and the proceeds of the sale be held while waiting for the result of any prosecution under this Act where—
Chairman
“Chairman” means the Chairman of the Lembaga appointed under section 5;
the construction material is of a perishable nature or easily deteriorates in quality;
the custody of the construction material involves unreasonable expense and inconvenience;
Lembaga Pembangunan Industri 49
Pembinaan Malaysia
there is a lack or absence of adequate or proper facilities for the storage of the construction material; or
the construction material is believed to cause an obstruction or is hazardous to the public.
Notwithstanding subsection (1), where an analyst certifies, or if the results of tests as certified by an analyst proves, that the construction material tested by him is not in good condition, the authorized officer may keep it in custody or, if no prosecution is instituted in respect of the construction material, cause it to be disposed of in the manner determined by the Chairman.
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;
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;
Chairman
Defined · s 2“Chairman” means the Chairman of the Lembaga appointed under section 5;
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