Representation in civil proceedings
Notwithstanding any other written law—
(a) in any civil proceedings by or against the Body; or
(b) in any other civil proceedings in which the Body is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard,
any person authorized by the Body for that purpose may, on behalf of the Body, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the Body.
Liability of directors, etc.
Where an offence under this Act or any regulations made under this Act has been committed by a body corporate, any person who, at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in such capacity shall, as well as such body corporate, be deemed to have committed that offence unless he proves that the offence was committed without his knowledge or connivance or that he took all reasonable precautions or that he had exercised due diligence to prevent the commission of the offence.
Service of notice or order
Any notice or order required to be served on any person under this Act may be served and shall be deemed to have been served on that person by serving a copy of such notice or order—
(a) personally;
(b) by registered post addressed to the last known address of business, parcel or residence of the person to be served; or
(c) by attaching the notice or order at a prominent part of the last known address of business, parcel or residence of the person to be served.
Power of entry
(1) The Commissioner or any authorized person may, at all reasonable times, after notice has been given, enter, any building, land or premises for the purpose of—
(a) carrying out an inspection or investigation to determine whether any offence under this Act has been committed and may seize under this Act any books, accounts or documents; and
(b) executing any work required to be executed by the local authority in respect of which a notice has been issued under this Act and there has been a default in complying with that notice.
(2) No building or premises which are not vacant shall be entered under this section unless the occupier or a representative of the occupier is present during the entry.
(3) No private dwelling shall be entered by virtue of this section except with the consent of the purchaser or after giving twenty-four hours notice to the occupier.
(4) Notwithstanding subsections (1), (2) and (3), the Commissioner or any authorized person may, at all reasonable times, enter any building, land or premises for the purpose of executing any urgent repair or work to the building, land or premises.
(5) Any person who assaults, obstructs, hinders or delays the Commissioner or any authorized person in effecting any entry which he is entitled to effect under this Act, or in the execution of any duty imposed or power conferred by this Act commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding one month or to both.
(6) For the purposes of this section and section 39, “authorized person” means any person authorized in writing by the Commissioner.
Examination of person acquainted with case
(1) The Commissioner or authorized person, when exercising the power of investigation under section 38, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
(2) The person examined by the Commissioner or any authorized person shall be legally bound to answer all questions relating to the case put to him by the Commissioner or authorized person, but such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4) The Commissioner or authorized person examining a person under this section shall first inform that person of the provisions of subsections (2) and (3).
(5) A statement made by a person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print after it has been read to him in the language in which he made it and he has been given an opportunity to make any corrections he may wish.
Power to compound
(1) The Commissioner may compound any offence against this Act or any regulations made under this Act by collecting from the person reasonably suspected of having committed the offence a sum of money not exceeding the maximum fine prescribed for that offence.
(2) Where an offence has been compounded under subsection (1), no prosecution shall thereafter be instituted in respect of the compounded offence.
(3) Any moneys paid to the Commissioner under this section shall be paid into and form part of the Consolidated Fund.
Appeals to the State Authority
Any person or body aggrieved by any act or decision of the Commissioner under this Act may, within fourteen days after having been notified of the action or decision, appeal against that action or decision to the State Authority; and the decision of the State Authority shall be final and shall not be questioned in any court.
Regulations
(1) The Minister may, with the concurrence of the State Authority, make such regulations as may be expedient or necessary for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), regulations may be made for all or any of the following purposes:
(a) prescribing any matter which is required under this Act to be prescribed;
(b) providing for proper standards of maintenance and management in respect of buildings and common property;
(c) providing for the payment of deposit by any person erecting or constructing a building to ensure its proper maintenance and management and for the forfeiture of the deposit;
(d) providing for collection charges by the Commissioner;
(e) prescribing offences which may be compounded and the forms to be used in and the method and the procedure for compounding such offences;
(f) providing generally for the performance of the functions, the exercise of the powers and the discharge of the duties of the Body under the provisions of this Act.
(3) Regulations under this section—
(a) may provide for different provisions for different types of buildings and common property; or
(b) may provide for any other matter which is expedient or necessary for the purposes of this Act.
Prosecution
No prosecution in respect of an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
Non-application of other written laws, contracts and deeds
On the coming into operation of this Act, in a local authority area or part of a local authority area or in any other area, the provisions of any written law, contracts and deeds relating to the maintenance and management of buildings and common property in as far as they are contrary to the provisions of this Act shall cease to have effect within the local authority area or that other area.
Contracting out prohibited
(1) The provisions of this Act shall have effect notwithstanding any stipulation to the contrary in any agreement, contract or arrangement entered into after the commencement of this Act.
(2) No agreement, contract or arrangement, whether oral or wholly or partly in writing, entered into after the commencement of this Act shall operate to annul, vary or exclude any of the provisions of this Act.
Public Authorities Protection Act 1948
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Commissioner or against any officer or agent of the Commissioner in respect of any act, neglect or default done or committed by him in good faith or any omission omitted by him in good faith, in such capacity.
*First Schedule
[Subsection 11(4)]
Times and places of meetings 1. (1) The Committee is to hold as many meetings as are necessary for the efficient performance of its functions and such meetings are to be held at such places and times as the chairman may decide, but the chairman shall not allow more than two months to lapse between meetings.
(2) The chairman shall call for a meeting if requested to do so in writing by the Commissioner or by at least two members of the Committee.
Continuation of office 2. (1) A person shall continue to be a member of the Committee until that person—
(a) resigns;
(b) dies;
(c) becomes a bankrupt; or
(d) is no longer a purchaser.
(2) Where any vacancy occurs in the Committee, the remaining members shall appoint another purchaser to be a member until the next annual general meeting of the Body.
Quorum 3. The chairman and at least half of the number of members of the Committee shall form a quorum at any meeting of the Committee.
Casting vote 4. If on any question to be determined by the Committee there is an equality of votes, the chairman shall have a casting vote in addition to his deliberative vote.
Committee may invite others to meetings 5. (1) The Committee may invite any person to attend any meeting or deliberation of the Committee for the purpose of advising or assisting the Committee on any matter under discussion, but any person so attending shall have no right to vote at the meeting or deliberation.
(2) A person invited under subparagraph (1) shall be paid such allowances as may be determined by the Body.
Resolutions of the Committee 6. A resolution is taken to have been passed at a meeting of the Committee if—
(a) all members of the Committee have been informed of the proposed resolution in writing, or reasonable efforts have been made to inform all members of the Committee of the proposed resolution; and
(b) the resolution in writing is signed by every member of the Committee indicating agreement with the resolution, and in the absence of such agreement by every member of the Committee, a meeting has to be held.
Minutes 7. (1) The secretary of the Committee shall cause minutes of all their meetings to be maintained and kept in a proper form.
(2) Minutes of meetings of the Committee, if duly signed, shall be admissible in any legal proceedings as prima facie evidence of the facts stated in them without further proof.
(3) Every meeting of the Committee in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members at the meeting to have been duly qualified to act.
(4) A Committee shall cause copies of the minutes of all its meetings to be submitted to the Commissioner as soon as practicable.
Procedure 8. The Committee may regulate its own procedure.
Disclosure of interest 9. (1) A member of the Committee having any interest in any matter under discussion by the Committee shall disclose to the Committee the facts of his interest and its nature.
(2) A disclosure under subparagraph (1) shall be recorded in the minutes of the Committee and, after the disclosure, the member having an interest in the matter shall not take part nor be present in any deliberation or decision of the Committee.
Validity of acts and proceedings 10. No act done or proceeding taken under this Act shall be questioned on the ground of—
(a) any vacancy in the membership of, or any defect in the constitution of, the Committee;
(b) contravention by any member of the Committee of the provisions of paragraph 8; or
(c) any omission, defect or irregularity not affecting the merits of the case.
Members to devote time to business of Committee 11. The members of the Committee shall devote such time to the business of the Committee as is necessary to discharge their duties effectively.
Second Schedule
BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007 FORM A [Subsection 33(2)] NOTICE TO PAY ARREARS OF CHARGES
No........................
To: ........................................... ........................................... ...........................................
Take notice that you are hereby required to pay the arrears of charges due for the period ending. ....................................................................................... amounting to RM.................................... together with interest amounting to RM................................ payable under subsection 23(5) of the Building and Common Property (Maintenance and Management) Act 2007 at the office of....................................................................................................................... within 14 days of the service of this notice; in default of payment within the period specified, the amount of arrears due together with the interest will be recovered under the Building and Common Property (Maintenance and Management) Act 2007.
Dated this ....................................day of..................20...........
RM sen
Arrears of Charges ... ... ... Interest ... ... ... ... ... ...
Total
Section/Mukim ........................... Lot No.........................................
.............................................. Commissioner of Buildings
BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007
FORM B
[Subsection 33(1)]
WARRANT OF ATTACHMENT
To: ........................................... ........................................... ...........................................
Whereas by a Notice bearing No...................served on the...................day of ......................... 20............. the purchaser was required to pay the officer of .......................................................................................................................... the sum of RM.................being arrears of charges together with interest and whereas the said sum of RM .................has not been paid;
This is to command you to attach the movable property of the purchaser wherever the movable property may be found within the ............................. Council of................................ and also any movable property, regardless of whoever it belongs to which is found in the parcel........................ (describe the parcel) and unless the said sum of RM....................................... together with RM..........................., the costs of this attachment, be paid, to hold the movable property until further orders.
You are further commanded to return this Warrant on or before the....... day of.............. 20...............with an endorsement certifying the date when and manner in which it has been executed or why it has not been executed.
Given under my hand this ............ day of ............ 20 ...........
.............................................. Commissioner of Buildings
PARTICULARS OF ARREARS AND COLLECTION CHARGES
RM sen
Arrears for the months, viz.........20.......to ... 20 ...... Interest Fee ... ... ... ... ... ... ... Collection Charges ... ... ... ... ...
Total
BUILDING AND COMMON PROPERTY (MAINTENANCE AND MANAGEMENT) ACT 2007
FORM C [Subsection 33(3)] NOTICE AND INVENTORY
To: .................................................... of................................................................... Parcel No. ........................................................................................................ (or other identifiable description).
Take notice that I have this day attached the property specified in the inventory below for the sum of RM................ being arrears and collection charges recoverable under the Building and Common Property (Maintenance and Management) Act 2007 detailed below and that unless you pay to the officer of the............... Council of..................................................... the amount due together with the costs of this attachment within 7 days of the date of this notice the property will be sold.
Dated this...................day of................20............
....................... Signature
INVENTORY
RM sen
Current rates for 20 ... ... ... ... ... Arrears for the months, viz. ... 20...... to........ 20..... Collection Charges ... ... ... ... ...
Total
laws of MALAYSIA
building and common property (maintenance and management) act 2007
*NOTE—For Negeri Selangor—see Sel. P.U. 16/2011.
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).
