Section 428
Obstruction of Land Administrators’ rights of way, roads and other public places
of National Land Code (Revised - 2020)
(1)
Where the Land Administrator is satisfied that there has been any wrongful obstruction of, or encroachment upon, any Land
Administrator’s right of way, or any public road or waterway or other place to which the public are entitled to access, he may make an order requiring the person or persons responsible therefor to remove the obstruction or encroachment, and, if the order is not complied with within the time specified therein, may himself take such steps as may be necessary for that purpose.
(2)
Any person who wrongfully obstructs or encroaches upon any such right of way, road, waterway or place commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
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Act 828
(3)
Any person convicted of an offence under this section may, in addition to any fine imposed on the conviction, be ordered to pay to the State Authority the costs (as certified by the Land
Administrator) of any steps reasonably taken under subsection (1)
for the removal of the obstruction or encroachment in question;
and any sum ordered to be so paid shall be recoverable as if it were a fine so imposed.
Wrongful receipt of information 428a. If any person receives any information relating to any matter knowing or having reasonable grounds to believe at the time he receives it that the information is communicated or divulged to him in contravention of section 19, he commits an offence unless he proves that the information was communicated or divulged to him contrary to his desire, and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Offences committed by body corporate: officers deemed to be guilty 428aa. (1) Where a person charged with an offence under this
Act or any rules made under this Act is a body corporate, every person who at the time of the commission of the offence is a director or officer of the body corporate may be charged jointly in the same proceedings with the body corporate, and where the body corporate is convicted of the offence charged, every such director or officer shall be deemed to be guilty of that offence unless he proves that the offence was committed without his knowledge or that he took reasonable precautions to prevent its commission.
(2)
Any person who would be liable under this Act or any rules made under this Act to any penalty for anything done or omitted if the thing had been done or omitted by him personally shall be liable to the same penalty if the thing had been done or omitted by his agent, unless he proves that he took reasonable precautions to prevent the doing or omission of the thing.
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Miscellaneous penalties 429.
Any person contravening the provisions of—
(a)
section 19 (which prohibits officers appointed under this
Act from divulging matters coming to their knowledge in the performance of their duties), or
(b)
section 20 (which relates to the purchase of land by officers so appointed), or
(c)
subsection 375(2) (which prohibits the removal of registers of title, etc., from Registries and Land Offices), or
(d)
subsection 379(1) (which relates to notifying the Registrar of a change of address), commits an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months.
Institution of prosecution 429a. No prosecution for or in relation to any offence under this
Act shall be instituted except by or with the consent in writing of the Public Prosecutor.
Compounding of offences 429b. (1) The State Director or Land Administrator may, with the written consent of the Public Prosecutor, make a written offer to the person suspected of having committed an offence, which is prescribed to be compoundable, to compound the offence upon payment to the State Director or Land Administrator such amount not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in the offer.
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(2)
An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted and where the amount specified in the offer is not paid within the time specified in the offer or within such extended time as the State Director or Land Administrator may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.
(3)
Where an offence has been compounded under subsection (1)—
(a)
no prosecution shall thereafter be instituted in respect of such offence against the person whom the offer to compound was made; and
(b)
any book, record, apparatus, equipment, instrument, material, article or any other thing seized in connection with the offence, may be forfeited, destroyed or returned to that person, as the State Director or Land Administrator deems fit after taking into consideration the nature of the offence and subject to such terms and conditions as may be imposed.
Part Thirty-Three—SERVICE AND PUBLICATION OF NOTICES
Interpretation 430.
In this Part, “notice” includes any notification, instrument or other document authorized or required by this Act to be served on any person or body.