Skip to content
In forceUpdated to 15 Oct 2020
Contents

Chapter 2 · Deposited plans

Section 428

Feedback & support
(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.

406

(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.

407

National Land Code 603

Report