Malaysia legislation
Section 2
Section 2
Interpretation
(a)
in estimating the annual rateable value no account shall be taken of any restrictions or control on rent in so far as it limits the rent which may be required by a landlord or recovered from a tenant of a holding;
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(b)
in estimating the annual rateable value of any holding in or upon which there is any machinery used for any or all of the following purposes:
(i)
the making of any article or part of an article;
(ii)
the altering, repairing, ornamenting or finishing of any article;
(iii)
the adapting for sale of any article, the enhanced value given to the holding from the presence of such machinery shall not be taken into consideration, and for the purposes of this paragraph “machinery” includes steam engines, boilers or other motive power belonging to such machinery;
(c)
in the case of any land—
(i)
which is partially occupied or partially built upon;
(ii)
which is vacant, unoccupied or not built upon;
(iii)
with an incomplete building;
(iv)
with a building which has been certified by the local authority to be abandoned or dilapidated or unfit for human habitation; or
(v)
which is used for plantation, aquaculture, livestock farming and cultivation of crops for commercial purpose,
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the annual rateable value shall be, in the case of subparagraphs (i) and (v), either the annual rateable value as hereinbefore defined or ten per centum of the open market value thereof at the absolute discretion of the Valuation
Officer, and in the case of subparagraphs (ii), (iii) and (iv)
the annual rateable value shall be ten per centum of the open market value thereof as if, in relation to subparagraphs (iii)
and (iv), it were vacant land with no buildings thereon and in all cases the local authority may, with the approval of the
Minister, reduce such percentage to a minimum of five per centum;
(d)
where in respect of any particular holding, in the opinion of the Valuation Officer, there is insufficient evidence to base a valuation of annual rateable value upon, the Valuation
Officer may apply such methods of valuation as in his opinion appears appropriate to arrive at the annual rateable value;
“Bintulu Development Authority” means the Lembaga
Kemajuan Bintulu (Bintulu Development Authority) established under section 3(1) of the Lembaga Kemajuan Bintulu (Bintulu
Development Authority) Ordinance, 1978 [Ord. No. 1/78];
“building” includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, septic tank, underground tank, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing stage, swimming pool, bridge, railway lines, transmission lines, cables, rediffusion lines, overhead or underground pipelines, or any other structure, support or foundation;
“bylaws”, in relation to any local authority, means any bylaws made by the local authority under any power in that behalf conferred upon such local authority by this Ordinance or in force by virtue of this Ordinance, and includes any bylaws made by a local authority under any laws repealed by this Ordinance or pursuant to any other written laws;
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“Chairman”, in relation to a local authority, means—
(a)
the Commissioner of the City of Kuching North appointed under section 5(1) of the City of Kuching North
Ordinance, 1988 [Cap. 49], and includes any person appointed to exercise the functions of the Commissioner temporarily;
[Am. Cap. A85.]
(b)
the Mayor of the City of Kuching South appointed under section 10(1)(b), and includes the Deputy Mayor thereof;
(b)
the Mayor of the Miri City Council appointed under section 10A, and includes the Deputy Mayor thereof;
(c)
the Chairman or Deputy Chairman of a Municipal
Council;
(d)
the Chairman or Deputy Chairman of a District
Council, and including a person to whom the functions of a local authority has been transferred under section 8(1);
“Councillor”, in relation to any local authority, means any person appointed under this Ordinance to serve on the local authority, and includes the Chairman thereof;
“District Officer” includes any person for the time being in charge of an administrative District;
“document of titles” means—
(a)
a grant, lease of State land, occupation ticket or other document evidencing title to land issued under the
Land Code [Cap. 81 (1958 Ed.)];
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(b)
subsidiary title or provisional subsidiary title issued under the Strata Titles Ordinance, 1995 [Cap. 18];
and
(c)
mining leases and mining certificates issued under the Minerals Ordinance, 2004 [Cap. 56];
*“Headman” means any Headman appointed under section 140;
“Health Officer” means a Medical Officer of Health or any health inspector of the Ministry of Health or of a local authority, and includes an authorized officer appointed under section 3 of the Food Act 1983 [Act 281];
“holding” means any land, with or without buildings thereon, which is held or to be held under separate document of title, and in the case of subdivided buildings, the common property and any parcel thereof, and includes any building constructed on:
(a)
a Native Communal Reserve declared under section 6 of the Land Code [Cap. 81 (1958 Ed.)]; and
(b)
a Resettlement Scheme Area as defined in the
Buildings (Exemption) Order, 1996 [Swk. L.N. 7/96];
[Am. Cap. A69; Am. Cap. A114.]
“improvements”, in relation to a holding, means all work done, material used at any time on or for the benefit of the holding by the expenditure of capital or labour by the owner or occupier thereof in so far as the effect of the work done or material used is to enhance the value of the holding;
“land” shall have the same meaning as assigned to it in the
Land Code [Cap. 81 (1958 Ed.)];
*
This definition will be repealed when the Community Chiefs and Headmen Ordinance, 2004
[Cap. 60] is brought into force.
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“local authority” means—
(a)
a City Administration named in Part I of the First
Schedule;
(b)
a Municipal Council named in Part II of the First
Schedule; and
(c)
a District Council named in Part III of the First
Schedule;
“local authority area” means the area of jurisdiction of a local authority, and includes any area in which any person exercises powers under this Ordinance;
“market” means any public place ordinarily used for the sale of animals or of meat, fish, fruit, vegetables or other perishable articles of food for human consumption and for the sale of any clothing or other merchandise and includes all land and premises in any way used in conjunction or connection therewith or appurtenant thereto;
“Minister” means in the case of the Bintulu Development
Authority, the Commission of the City of Kuching North and the
Council of the City of Kuching South, the Chief Minister, and for other local authorities, the Minister in the State Government charged with the responsibility for local government;
[Sub. Cap. A94.]
“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell, or hearing, or which is or is likely to be injurious or dangerous to health or property;
“occupier” means the person in occupation of a holding or having the charge, management or control thereof either on his own account or as agent of another person, but does not include a lodger;
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“owner” means—
(a)
in relation to any holding—
(i)
the registered proprietor of the land as defined in the Land Code [Cap. 81 (1958 Ed.)]; or
(ii)
the occupier; or
(iii)
the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the same if such premises were let to a tenant; or
(iv)
where the land has been subdivided, any person who pursuant to any agreement or instrument has acquired a beneficial interest in any subdivided lot;
(b)
in relation to a subdivided building⎯
(i)
in the case of the common property, the management corporation;
(ii)
in the case of any parcel issued with a subsidiary title, the subsidiary proprietor;
(iii)
where no subsidiary title has been issued, any person who, by virtue of any agreement or instrument, has acquired a beneficial interest in any individual parcel within the subdivided building:
the expressions “common property”, “management corporation”,
“parcel” and “subsidiary title” shall have the meanings assigned to them in the Strata Titles Ordinance, 1995 [Cap. 18];
[Sub. Cap. A114.]
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“Permanent Secretary” means the Permanent Secretary to the
Ministry charged with the responsibility for local government in
Sarawak;
“private road” means any road which is not a public road;
“public place” means any public road, street, square, alley, lane, footway, wharf, jetty, quay, bridge, parking place, garden, and any open space, public park, or special areas for greens constituted under the Public Parks and Greens Ordinance, 1993
[Cap. 3], and any place within the area of jurisdiction of a local authority, whether enclosed or not, set apart or appropriated for the use of the public or to which the public shall at any time have access, with or without payment of any fee, charge or consideration;
“public road” means any road or street over which the public have a right of way;
“rateable holding” means a holding which is subject to the payment of rates assessed and levied by a local authority under this Ordinance;
“regulate” includes control by a system of registration or licensing;
“Resident” means, whether preceded by a definite or indefinite article, the officer for the time being holding or acting in the office of Resident of the administrative Division in connection with which the word is used;
“road” shall have the same meaning as assigned to it in the
Road Transport Act 1987 [Act 333];
“State financial authority” shall have the same meaning as assigned to it in the Financial Procedure Act 1957 [Act 61];
“temporary building” shall have the same meaning as assigned to it in the Buildings Ordinance, 1994 [Cap. 8];
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“Valuation List” means a Valuation List of the rateable holdings prepared and certified by a Valuation Officer of a local authority pursuant to this Ordinance;
“Valuation Officer” means any Valuation Officer appointed by a local authority in consultation with the State Secretary in the case of the Commission of the City of Kuching North, Council of the City of Kuching South or the Permanent Secretary in the case of other local authorities.
[Am. Cap. A8; Am. Cap. A114.]
(2)
In this Ordinance, a reference to the Yang di-Petua Negeri shall be construed as a reference to the Yang di-Petua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan Negeri or of a member thereof acting under the general authority of the
Majlis.