Malaysia legislation
Section 19
Section 19
(1)
Subject to the provisions of this section, the Local Authority may at any time –
(a)
remove, pull down or alter, so as to bring into conformity with the provisions of an approved scheme, any building or other work which does not conform to those provisions, or the removal, demolition or alteration of which is necessary for carrying an approved scheme into effect, or in the erection or carrying out of which any provision of an approved scheme has not been complied with; or
(b)
where any building or land is being used in such manner as to contravene any provision of an approved scheme, prohibit it from being so used; or
(c)
where any land has since the material date been put to any use which contravenes any provision of an approved scheme, reinstate the land; or
(d)
execute any work which it is the duty of any person to execute under an approved scheme in any case where delay in the execution of the work has occurred and the efficient operation of an approved scheme has been or will be thereby prejudiced and recover the cost of the execution of such works as may be provided in the scheme or, in default of any such provision, from such persons to such extent and in such manner as may
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be ordered by a Judge on the application of the Local Authority either before or after the execution of such works and any such order shall be filed in the High Court* and such order shall thereupon for all purposes
(including appeals and executions) be deemed to be a final judgement or order of the High Court.
(2)
Before taking any action under this section the Local Authority shall serve a notice on the owner and on the occupier of the building or land in respect of which the action is proposed to be taken and on any other person who, in its opinion, may be affected thereby, specifying the nature of and the grounds upon which it proposes to take that action.
(3)
The date stated in a notice served under this section as the date on or after which the intended exercise of the power therein mentioned is intended to be begun shall be not less than three months when any permanent building is affected and in any other event not less than one month after the service of such notice, and the Local Authority shall not do any act or thing in exercise of such power in relation to the building or land mentioned in the notice before the said date.
(4)
If any person served with such a notice as aforesaid considers the period fixed by such notice to be insufficient or desires to dispute any allegation or matter contained therein, he may within twenty-eight days from the date on which he received such notice appeal to a Judge by notice in writing in which he shall set forth the grounds of his appeal.
(5)
The Judge shall cause the appellant and the Local Authority to appear before him, and it shall be lawful for him to hear and determine the matters in dispute in a summary manner; and for that purpose to examine such parties or any of them and their witnesses.
(6)
If on any such appeal the Judge is satisfied that the Local Authority is entitled to take the proposed action on the grounds specified in the notice, he shall dismiss the appeal and shall by his order empower the Local Authority, after the expiration of such period as he may decide, to remove, pull down, or alter the building or work, or reinstate the land or execute required work, or, as the case may be, shall by his order prohibit the building or land from being used in contravention of the approved scheme after the period aforesaid, but, if he
See G.N.S. 87 of 1965
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is not so satisfied, he shall allow the appeal.
(7)
The Judge shall allow such costs as he may think fit.
(8)
Every person who uses any building or land in a manner prohibited under this section or obstructs or interferes with the exercise by the Local Authority of any power vested in it shall in addition to any civil liability be guilty of an offence and shall be liable, on conviction, to a penalty of not exceeding fifty thousand ringgit or imprisonment not exceeding two years or both together with, in the case of a continuing offence, a further penalty of five hundred ringgit for every day during which the offence is continued.
Acquisition of land to which approved scheme applies.