Section 49

The Instrument shall provide that subject to the provisions of any written law and subject to limitations and conditions as may be specified therein, an Authority either shall perform or may perform all or any of the following functions in respect of all or any part of its area-Advertising.

regulate, supervise, inspect, prohibit, remove or license the display of advertisements or advertising devices in, or in view of, any street or public thoroughfare, prohibit the display of advertisements, devices or pictures which are indecent or suggestive of indecency and prevent the display of advertisements, or advertising devices in such places or in such manner or by such means as would, in the opinion of the Authority, be likely to affect injuriously the amenities of or to disfigure any neighbourhood;

advertise and give publicity to the attractions and advantages of the areas;

Agriculture.

provide services for the improvement of agriculture;

control the methods of husbandry in respect of any agricultural land;

prescribe steps to be taken by the occupier of any agricultural land to maintain and improve its productivity and to preserve the fertility of the soil;

take all necessary measures for the prevention of soil erosion and the protection of crops;

purchase and operate for hire agricultural tractors and machinery;

operate and maintain crop processing or drying plants;

establish and maintain seed farms, plant nurseries, apiaries, fish-ponds and animals at stud;

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establish, maintain and control irrigation works in any area not being an irrigation area or a drainage area established under the Drainage and Irrigation

Ordinance, 1956 [Ord. 15/1956.];

Animals.

prohibit, restrict or regulate the movement in or through the area of any livestock;

control methods of animal husbandry:

prohibit, restrict or regulate the keeping of livestock of any description;

provide for the establishment, maintenance and control of pounds, the seizing, impounding and disposal of any stray animals and the payment of compensation for damage done by such animal;

prohibit, restrict or regulate the keeping or grazing of any livestock on any agricultural land, regulate or control the numbers and kinds of livestock which may be kept on any agricultural land, require male stock to be castrated and provide for the compulsory reduction of the numbers of livestock in any area of land;

provide for the buying, selling, distribution and management of stud animals and superior strains of poultry to be used in the improvement of livestock in the area of the Authority;

provide for the registration of brands and regulate transactions in cattle;

provide for the control and development of grazing grounds;

take measures for the care and protection of, and the prevention of cruelty to, animals;

prohibit, restrict or regulate the disposal of dead animals;

provide for the licensing and control of dogs;

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provide for the extermination and the prevention of the spread of rats and other vermin;

prohibit, restrict and regulate the keeping of wild or dangerous animals;

Buildings.

regulate and control all buildings and building operations and the repair and removal of ruinous and dangerous buildings and subject to any written law relating to town planning, prohibit the erection of a building of a particular class, design or appearance in particular districts, localities or streets or portions of streets;

establish, erect, maintain and control abattoirs within the Authority area;

establish, erect and maintain public lavatories, water closets and urinals, either above or below ground, in any public place;

establish, erect and maintain magazines for the storage of explosives and dangerous articles;

Burials.

require the proper conveyance, burial or cremation of deceased persons in cemeteries or otherwise and establish and maintain cemeteries, mortuaries and crematoria;

provide for the burial of paupers in accordance with the religion or custom or the deceased;

Education.

build, equip, maintain or manage schools and educational institutions;

grant sums of money towards the establishment, equipment or maintenance of schools and educational institutions;

grant and maintain scholarships or bursaries to suitable inhabitants of the area to attend schools or other educational institutions in the State of Sabah or elsewhere;

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prohibit, restrict, control or regulate earthworks;

(31 - 33) (Repealed);

Housing.

provide for the preparation, undertaking and control of schemes for improved housing layout and settlement;

erect and maintain dwelling houses, flats or residential buildings with their appurtenant outbuildings on plots or subdivisions of land the property of the

Authority;

convert buildings into dwelling houses, flats or residential buildings and to alter, enlarge. repair and improve the same;

make advances of money on the security of immovable property for the purpose of enabling persons resident in the area (including officers and servants of the

Authority) to acquire land and to erect dwelling houses upon such terms as to payment of principal and interest as the Authority may arrange with the person to whom the advance is made;

sell, lease or otherwise deal with any property acquired under paragraphs (36)

and (37) upon such terms of payment, including interest upon any amount of purchase money from time to time outstanding, as the Authority may arrange with the person concerned and the provisions of section 71 shall not apply to such property;

Land.

keep clean the streets, bridges. squares, playing grounds and other open or closed public places in the area;

define, prevent and remove obstructions in streets and in places under the control of or vested in the Authority;

require any owner or occupier of land to keep such land in a clean condition;

restrict the use of barbed wire and the use of broken glass or the like on fences and walls;

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regulate or prohibit the planting, cutting, tapping or destruction of any trees or vegetation growing along any road or path or in any public place;

require the owner of any premises to do any of the following acts-

prohibit, restrict or regulate the burning of primary or secondary jungle or grass and the use of fire in any manner likely to ignite such jungle or grass;

Licensing.

license and control –

prohibit, regulate and control by licensing or otherwise any occupation, trade, business or industry which, in the opinion of the Authority, is a nuisance, or likely to be injurious or dangerous to health, or of a dangerous nature, or unsuitable to the use of the building or land;

license, regulate and control guides, porters and carriers;

prohibit, restrict or control by licensing or otherwise any pedlar, hawker and street trader and prescribe the streets or areas in which peddling, hawking or street trading shall be allowed or prohibited;

Markets.

establish, erect, maintain or control markets and buildings or portions of such buildings and stalls therein;

fix the days and hours during each day on which any market may be held and prevent the sale and purchase of goods in any market on any day or at any hours except those fixed;

regulate and control the fixing of and collection of stallages, rents and tolls in market;

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Public amenities.

provide for the establishment, control and management of recreation grounds, open spaces and parks;

plant, trim or remove trees in or on any public place;

establish, erect and maintain public weigh-bridges and weighing-machines;

establish, erect, maintain and control dipping tanks;

provide lighting of streets, roads and public places and for the erection and maintenance of lamps for that purpose;

establish, maintain, assist, promote and control-

provide any apparatus for games or recreation in respect of any public playing grounds, parks, squares and recreation grounds under the control of the

Authority, or permit any person, club or body to provide any such apparatus on such terms as the Authority may decide, and establish, maintain and control refreshment rooms, cafes and restaurants in any such place and let any such place or any building, structure or apparatus established or provided in connection therewith to any person or club or other body of persons;

establish, erect and maintain public monuments and to make collections of money towards the establishment or maintenance thereof;

promote arts, crafts, recreation, sports and the welfare of the inhabitants of the area;

prohibit or regulate the removal of or otherwise to protect works of art of local origin;

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establish, erect, equip and maintain communal feeding centres and centres for the supply of food and drink;

Relief.

make provision for the return of destitute persons to their homes;

make grants of money to charity or donations and gifts in kind for the relief of victims of natural catastrophes;

Vehicles.

Deleted by En. 1 of 2022

regulate and control stopping and parking of vehicles;

establish, provide and maintain parks for motor and other vehicles;

Miscellaneous.

prescribe the duties of any person employed by the Authority or acting as its agent in connection with any function thereof;

carry on any works or undertaking authorised by the Yang di-Pertua Negeri;

sell, lease or buy products resulting from the carrying on by or on behalf of the

Authority of any works or undertaking which the Authority is authorised to carry on;

grant or refuse any licence or permit to be issued under the provisions of this

Ordinance or of any by-law made hereunder or of any other law for the time being in force under which an Authority is empowered to grant licences or permits, impose conditions in licences and permits and charge fees for such licences or permits;

incur all expenditure necessary for the carrying out of any of the purposes of this

Ordinance or any purpose not specifically provided for in this Ordinance which the Yang di-Pertua Negeri may determine to be a purpose incidental to the exercise by the Authority of its powers and duties under the provisions of this

Ordinance;

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do all things necessary for carrying out any of the purposes of this Ordinance which the Authority is authorised to carry out or for any purpose not specifically provided for in this Ordinance which purpose incidental to the exercise by the

Authority of its powers and duties under the provisions of this Ordinance.

An Authority may perform or shall perform any other function, whether similar to those, enumerated in this section or not, which may be specifically assigned to an Authority by the Instrument.

Nuisance to be abated.