Malaysia legislation

Section 103

of Local Government Ordinance 1961

Section 103

(2)

Notwithstanding the provisions of subsection (1) the Chairman or any officer generally or specially authorised in writing by the Chairman may at any time of the day or night and without notice enter into and inspect any premises within the urban area:

Provided that no entry shall be made at night into any dwelling house in actual occupation unless with the consent of the occupier thereof or, if such consent is withheld, by the

Chairman or such officer of the Authority as shall be expressly authorised in writing by the

Chairman so to do:

And provided further that where the consent of the occupier to the entry by night into a dwelling house is withheld, any such officer shall produce his written authority on request.

(3)

Subsection

(a)

Subject to the provisions of this Ordinance, any public officer duly authorised by the Minister or any officer of an Authority, on producing, if so required, a document showing his authority, shall have the right to enter any premises at all reasonable hours for the purpose of ascertaining whether there is or has been on, or in connection with, the premises any contravention of the provisions of this Ordinance or of any by-laws made thereunder or generally for the purpose of ascertaining whether the provisions of this Ordinance or any by-laws made thereunder have been complied with:

Provided that admission to any house shall not be demanded as of right unless four hours’ notice of the intended entry has been given to the occupier.

(b)

If a Magistrate, on sworn information in writing-

(i)

is satisfied that there is reasonable ground for entry into any premises for any purpose mentioned in paragraph (a); and

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(ii)

is also satisfied that admission to the premises has been refused or that a refusal is apprehended and notice of the intention to apply for a warrant has been given to the occupier, or that an application for admission would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent, the Magistrate may by warrant under his hand authorise such public officer or officer of an Authority to enter such premises, if need be by force.

Closure or demolition of premises.