Malaysia legislation

Section 104B

of Local Government Ordinance 1961

Section 104B

(2)

If any officer of the Authority or any police officer has reason to believe that any person has committed an offence under this Ordinance or under any by-laws made under this Ordinance, such officer may seize and detain any produce, item, tool, instrument, machinery, equipment or other thing whatsoever used or reasonably suspected of having been used in or about the commission of an offence.

(3)

All produce, items, tools, instruments, machinery, equipment or other thing whatsoever liable to seizure under this Ordinance shall be liable to forfeiture:

Provided that the Chairman or any officer of the Authority duly authorised by the Chairman may, in his discretion, temporarily release such produce, item, tool, instrument, machinery, equipment or other thing to the owner of the same on security being furnished to his satisfaction that such produce, item, tool, instrument, machinery, equipment or other thing shall be surrendered to him on demand or to produce it before a Court of competent jurisdiction:

Provided further that if there be no prosecution with regard to anything seized under this

Ordinance, such produce, item, tool, instrument, machinery, equipment or other thing shall be taken and deemed to be forfeited at the expiration of one calendar month from the date of seizure unless claim thereto is made before that date.

90

(4)

Any person asserting that he is the owner of any goods or thing liable to forfeiture under the provisions of subsection (3) and that it is not liable to forfeiture may personally or by his agent authorised in writing give written notice to the Authority that he claims the same:

Provided that any such application shall be made before the expiration of one calendar month from the date of seizure.

(5)

Notwithstanding anything in this section if anything seized under this Ordinance is subject to speedy and natural decay or deterioration, the President, Chairman or any duly authorised officer of the Authority may sell the thing and shall thereafter deal with the proceeds of such sale as he would have dealt with such thing had it not been sold.

(6)

All things forfeited shall be delivered to the President, Chairman or any duly authorised officer of the Authority and shall be sold in accordance with the provision of the

Ordinance or under any other law for the time being in force.

Certain persons to be deemed to be in the public service.