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Fire Services Act 1988 Part VII — INQUIRIES INTO FIRES

s 45–s 47 · 3 sections

Fire Enquiry Commission

s 45

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(1) The Minister may appoint any person or persons to form a commission and to hold an inquiry into the cause and circumstances of any fire and the action taken to fight or extinguish the fire and to report on such cause, circumstances and action, and make recommendations, on the basis of the findings in the inquiry, as to the steps to be taken to prevent the outbreak of, and to improve the method of fighting or extinguishing, fires generally. (2) Sections 8, 9, 11, 12, 13, 14, 15, 19, 21 and 22 of the Commissions of Enquiry Act 1950 [Act 119] shall, with the necessary modifications and to such extent as may be applicable, apply to an inquiry under subsection (1) and to any person holding the inquiry as if the inquiry and the person were respectively an inquiry and a Commissioner under that Act.

Taking possession of premises and other property damaged or destroyed by fire

s 46

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(1) Where, as a result of a fire, any premises or part of any premises is rendered uninhabitable, the Director General may, at any time within seven days after the occurrence of the fire, take possession of the premises or part thereof and any other property or thing damaged, or the remains of any other property or thing destroyed, by the fire, and may retain possession of such premises, part, property or thing for a period not exceeding thirty days after taking possession thereof, unless within that period a person or persons have been appointed to hold an inquiry under section 45, in which case the Director General may continue to retain possession of the premises, part, property or thing until the completion of the inquiry. (2) Where possession of any premises or a part of any premises has been taken by the Director General under subsection (1), the Director General may, wherever necessary, cause a barrier or barriers to be put up around the premises or part thereof. (3) The Director General shall thereafter post up notices, in such positions that a person approaching the premises or part from any direction will be able to notice one of the notices by the time he reaches any or any part of the barriers, informing the public that possession of the premises or part has been taken by the Fire and Rescue Department and that entry into the premises or part is prohibited.

Unauthorized presence in premises possession whereof has been taken under section 46

s 47

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Any person who, without the permission of a Fire Officer, enters or remains in any premises or part of any premises possession whereof has been taken by the Director General under section 46 shall be guilty of an offence.

Back to Fire Services Act 1988 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Text as at 1 April 2023 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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