Lembaga Pembangunan Industri Pembinaan Malaysia (Amendment) Act 2011 · s 24

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24.
New Part VIIIA
The principal Act is amended by inserting after Part VIII the following Part:
“PART VIIIA
DUTY OF CONTRACTOR
34B.
Duty of contractor
(1) A contractor undertaking any construction works shall—
(a) 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;
(b) 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

Lembaga Pembangunan Industri Pembinaan Malaysia
(Amendment)
(c) ensure the safety of the building and the construction works whether during or post construction works.
(2) 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—
(a) not causing or threatening to cause a risk of injury to any person or damage to any property; or
(b) not causing or threatening to cause a total or partial collapse of—
(i) the building in respect of which the construction works are being carried out or have been carried out; or
(ii) 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.
34C.
Breach of duty by contractor
(1) If the Lembaga is of the opinion that a contractor has breached any of his duties under subsection 34B(1), the
Lembaga may do either one or all of the following:
(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;
(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, 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

Lembaga Pembangunan Industri Pembinaan Malaysia
(Amendment)
25
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.
34D.
Death caused by breach of duty of contractor
(1) Any contractor who breaches his duty under paragraph 34B(1)(c), and which breach results in death, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2)  Section 34C shall apply to this section except paragraph 34C(1)(c).
(3) An offence under this section shall be a seizable offence for the purpose of the Criminal Procedure Code [Act 593].
34E.
Duty of person who manages or controls construction site
(1) Any person having the right and power to manage or control any construction site shall have the duty to ensure, so far as is reasonably practicable, that the construction site and the means of entering and leaving such construction site are safe and not harmful to health.
(2) The duty under subsection (1) shall apply only in relation to matters over which the person has the right and power to manage or control.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.

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s 24New Part VIIIA

The principal Act is amended by inserting after Part VIII the following Part:

“PART VIIIA

DUTY OF CONTRACTOR

s 34BDuty of contractor

(1)

A contractor undertaking any construction works shall—

(a)

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;

(b)

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

Lembaga Pembangunan Industri Pembinaan Malaysia

(Amendment)

(c)

ensure the safety of the building and the construction works whether during or post construction works.

(2)

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—

(a)

not causing or threatening to cause a risk of injury to any person or damage to any property; or

(b)

not causing or threatening to cause a total or partial collapse of—

(i)

the building in respect of which the construction works are being carried out or have been carried out; or

(ii)

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.

s 34CBreach of duty by contractor

(1)

If the Lembaga is of the opinion that a contractor has breached any of his duties under subsection 34B(1), the

Lembaga may do either one or all of the following:

(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;

(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, 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

Lembaga Pembangunan Industri Pembinaan Malaysia

(Amendment)

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.

s 34DDeath caused by breach of duty of contractor

(1)

Any contractor who breaches his duty under paragraph 34B(1)(c), and which breach results in death, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

(2)

Section 34C shall apply to this section except paragraph 34C(1)(c).

(3)

An offence under this section shall be a seizable offence for the purpose of the Criminal Procedure Code [Act 593].

s 34EDuty of person who manages or controls construction site

(1)

Any person having the right and power to manage or control any construction site shall have the duty to ensure, so far as is reasonably practicable, that the construction site and the means of entering and leaving such construction site are safe and not harmful to health.

(2)

The duty under subsection (1) shall apply only in relation to matters over which the person has the right and power to manage or control.

(3)

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.