Lembaga Pembangunan Industri Pembinaan Malaysia (Amendment) Act 2011 · s 21

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21.
New Part VIIA
The principal Act is amended by inserting after Part VII the following Part:
“PART VIIA
 STANDARDS AND CODES OF PRACTICE IN THE
CONSTRUCTION INDUSTRY
33C.
Lembaga to certify construction materials
(1) The Lembaga shall, in the manner determined by the Lembaga, certify the construction materials used in the construction industry and specified in the Fourth Schedule in accordance with the standards specified in that Schedule.
(2)  The Minister may, by order published in the Gazette, amend the Fourth Schedule.

Lembaga Pembangunan Industri Pembinaan Malaysia
(Amendment)
(3)  The Lembaga may keep and maintain a Register of the details and record of all certified construction materials.
(4)  The Lembaga may, for the purpose of certification under subsection (1), impose any condition as it thinks fit.
(5)  The Lembaga may suspend, revoke, reinstate or refuse the certification in circumstances as may be determined by the Lembaga.
33D.
Dealing with non-certified construction materials
(1) A person shall not deal or undertake to deal, whether directly or indirectly, with the construction materials specified in the Fourth Schedule unless the construction materials have been certified by the Lembaga.
(2)  Any person who deals or undertakes to deal with the construction materials specified in the Fourth Schedule without the certification of the Lembaga shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than five hundred thousand ringgit.
33E.
Notice by the Lembaga for person dealing with non-certified construction materials
(1) Where any construction material which is not certified in accordance with this Act is dealt with or is undertaken to be dealt with or will be dealt with by any person, the
Lembaga may, by notice in the prescribed form, serve on such person requiring him to abstain from commencing or proceeding with, engaging in or being involved in or undertaking to be engaged or involved in, dealing with the non-certified construction material.
(2) Any person who fails to comply with the requirements of the notice under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.
33F.
Codes of practice for the construction industry
The Lembaga or any other body authorized by law may, from time to time, formulate, develop, revise and approve any code of practice which is suitable and necessary for the construction industry.”.

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s 21New Part VIIA

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

“PART VIIA

STANDARDS AND CODES OF PRACTICE IN THE

CONSTRUCTION INDUSTRY

s 33CLembaga to certify construction materials

(1)

The Lembaga shall, in the manner determined by the Lembaga, certify the construction materials used in the construction industry and specified in the Fourth Schedule in accordance with the standards specified in that Schedule.

(2)

The Minister may, by order published in the Gazette, amend the Fourth Schedule.

Lembaga Pembangunan Industri Pembinaan Malaysia

(Amendment)

(3)

The Lembaga may keep and maintain a Register of the details and record of all certified construction materials.

(4)

The Lembaga may, for the purpose of certification under subsection (1), impose any condition as it thinks fit.

(5)

The Lembaga may suspend, revoke, reinstate or refuse the certification in circumstances as may be determined by the Lembaga.

s 33DDealing with non-certified construction materials

(1)

A person shall not deal or undertake to deal, whether directly or indirectly, with the construction materials specified in the Fourth Schedule unless the construction materials have been certified by the Lembaga.

(2)

Any person who deals or undertakes to deal with the construction materials specified in the Fourth Schedule without the certification of the Lembaga shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than ten thousand ringgit but not more than five hundred thousand ringgit.

s 33ENotice by the Lembaga for person dealing with non-certified construction materials

(1)

Where any construction material which is not certified in accordance with this Act is dealt with or is undertaken to be dealt with or will be dealt with by any person, the

Lembaga may, by notice in the prescribed form, serve on such person requiring him to abstain from commencing or proceeding with, engaging in or being involved in or undertaking to be engaged or involved in, dealing with the non-certified construction material.

(2)

Any person who fails to comply with the requirements of the notice under subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit and in the case of a continuing offence, to a fine not exceeding five hundred ringgit for every day or part of a day during which the offence continues after conviction.

s 33FCodes of practice for the construction industry

The Lembaga or any other body authorized by law may, from time to time, formulate, develop, revise and approve any code of practice which is suitable and necessary for the construction industry.”.