Drainage Works Act 1954

U. WS OF MAU YSLl. Act 354 D RAL.'1" AGE VV O RKS ACT 1954 (Revised-1988) 2 Revised up to 1st October 1988 Date of public:i.tion in Gazerte of this revised vc~ion 27th October 1988 ve~ion pursuant to secuon 6 ( 1) (:ciiif of the Revision of Laws Act 1968 (Act 1) .3rd November 1988 LAWS· OF MALAYSIA Act 354 DRAINAGE WORKS ACT 1954 (Revised-1-988) ARRANGEMENT OF SECTIONS Section l. Short tide :ind :ippiic:ition. 2. Interpretation. J. Deci:uation of drainage 3rea. 4. A'ppointment of Drainage Board. 3 5. Declaration o{ intention to constitute or vary drainage :ire:i. 6. Board to make recommend.itions. 7. Appropriate authority not bound by recommendations of Board. 8. Imposition of drainag~ rate. 9. Remission of rate in certain cases. 10. Mode o1 recovery •. 11. Interference with drainage w~ 12. Construction of unauthorised drains. 13. Unauthorised. use of vehicles and boats. 14. ~ilr.-dmp·of r-drainap-·area:.: IS. Prosecation. 16. Rules.. .17; Power to am::sL 18. Power to compound offenc:cs. . 19. Right of access. 20. Repeal and saving. LAWS OF :MALAYSIA Act 354 DRAINAGE WORKS ACT 1954 (Revised-1988) An Act relating to drainage works. [25th F~bruary 1954.] 5 1. (1) This Act may be cited as the Drainage Works Act 1954. (2) This Act shall apply to the States of West Malaysia only. 2. In this Act .. appi;opriate authoriry" means the Ruler in Council or the ·yang di-Pertua Negeri in Council as the case may be, of the State concerned; "drainage area" means any area which shall have been declared by the appropriate authority under section 3 to be a drainage area; "drainage works" includes the construction and majntcnance·of drains and water colll'Ses, embankments, Clll.verts, -s1~·water-gat~/ao::es.1-:paths-in· drainage rese:tYCS·an~thc- similar-works;. "land~JncludeLariy Jmd '. whether hcld jlllder title or~.occnpicd in apcctation ~ ofr.registration.: of title or :othctWisc; "occupier" includes a lessee: dr tenant and the cultivator or person in actual possession, management or.,control of any land; · -~'awrier''. means the registered P!'OPrictor of IDJ}' land in the.States of W:st Mala}'lia and th: lcgtl oww:r or hclder by ci:sto:nmy. tenure · oJ, any land. Sbon title and appliacioa. ln1crprcta• lion • [S. 3-5] 6 Acr 354 Aopciat• me.al of 01'11aa&• Baard.· Dc!an&ioq of incauioa ro , CDDSUCIU.e orYUT draiGqa U'CL "3. (1) The appropriate authority may by notification in. the Ga-«.tte declare any land within any area affected by any drainage wprks sanctioned or carried out, wholly or in part, by the Government of Malaysia or of any State to be a drainage area, and such notification shall specify the boundaries of the drainage area thereby created. (2) The appropriate authority rnay in like manner cancel any such notification, or extend or otherwise vary the boundaries of any drainage area, or exclude there from lai;td previously included thcrci.n. A. P) The aP.propriate authority shall by notific:ition in the Gazette published at the same time as the notification referred to in section 5 (1), and rnay from time to time thereafter by notification in the Gazerre, appoint a Drainage Board, in this Act referred to as .. the Board", in respect of every drainage area or intended drainage area. (2) Every such Board shall consist of a Chairman, appointed by the appropriate authority, the officer in charge of the drainage area and such public servants and other pc;rsons as the appropriate authority may appoint. ~ (3) Every such appointment shall cease and deter• mine at the expiration of the year in respect of which the same is made. · (4) All questions at meetings of the Board shall be dct.eanin~ f>y:the:majo:dty of th~p:rsouallr,:· present and voting and in the event of an equality of votes the Chairman. shall. have a casting vote... .(5) Thc.Boanl . ..inay .make.rule., foi.the co~duct~of its proceeding.,. 5. (1) Whenever it is intended to make 3:llY. such declaration as is specified in .scctio~ 3," t.bp appropriate . authority shall publish. in the Gautte. a notincation. .of · his ~~tion t~ d~ s9, .. s~g Un, land ~ccted. Copies of such notification m National language and DRAINAGE WORKS [S. 5-7] 7 English language shall, within seven days of the.date of such publication, be posted in conspicuous.places in the locality wherein. the land affected is situated~ (2) W~thin. o ne. month from the publication of any such not1ficat1on 1n the Gazette the owner or occupier of any land included in such notification may object to the Chairman of the . :aoard in writing, stating the grounds of his objection. (3) The Board shall consider the objection and may, if it thinks fit, allow the objector to appear in person or by his advocate and state his case. (4) The Chairman shall forward to the appropriate authority the recommendations of the Board with regard to any objection. 6. In addition ·to the hearing of objections the Board ~d ca may make recommendations as to any or all of the ::!!i. following matters: mmc1aua·a.a. (a) extensions of or alterations in the boundaries of the drainage area; (b) additions to or the improvement of emting drainage works; (c) proposals for new drainage works; ( d) · the use, if disputed, of any drainage works the cost w~ercof is to oe me~ by a drainage rate; ( e) ~e letting ·of conttacts or issue of indcntsforthe ~nstmction. .o~dramagc.--.:wo~·.foc.:mch purpose the Board may require to be supplied :with ·such p~.and s pecifi~ons as may be neceraary fol,':#lc proper undcistanding ~f t)le pa~of the.workto be undettakcn; '{/) :any. otncr.matter u to WJlidl me ~ p~priate · ·authoiitV.riiay rcqucst.tfie.vicws offbe Board. 7;' The appropriate authority.~hall .~vc due consi d~- Appropri&LI tion to ~y recommendation made by the Board iinder := ~ ~ct but~ ~not be .bound to act in accordance ~T,;;':9 111 with the same. oL Board. {S. 8-UJ 8 . Acr 354 lmpc1itioa ol dra.ia.qc r:ue. Ile.mission of r:iccia c.c:tWA c:::ua. Medco{ recovery. 8. (1) The appropriate authority may by notification in the Gazette impose upon all or any land within any drainage area an annual · rate, hereinafter called a "drainage rate,'' ta meet the cost of drainage works affecting such drainage. area, and may in like manner cancel or vary such annual rate: Provided that oo rate· shall be imposed under this s~tion upon any land until the drainage work in respect of which the ~ame is imposed has been completed. (2) /u1y drainage rate shall be in addition to any rate, :isscssmcnt or other liability imposed on any land within a-·driinageare·a -by lhe ·terms of the document of title under which such land is held or under any other written law. 9. The appropriate authority may remit in part or in whole either generally or in particular cases, and subject to such restrictions and conditions a.s he may think fit to impose, the drainage rate imposed on any land within the drainage are!l. which in his opinion docs not receive the full benefit of the drainage works within such areal!. 10. Except as may be otherwise provided by rule under · ~ection 16, all sums due in respect of any drainage rate under this Act shall be collected., so far as the same may be practicable, in the manner provided by law f~r the collection of land revenue. ~tcrtaasca -~ll:. Jl) ~>: p~OI\ w~o without having authori~ from ~ the officer m charge · of sw:h drainage work- wart.a. · (d.}-:bJoc'b lgJ- orobsttiidSi~~a~F:Woft.~or. · :ca1iSes any drainage work to be blocked ·up or obstnu:ted·· ·· . . .... , ·cI?) ~c:roachcs o~ any 4rainase 'Y')rk; (c) 1)l~c;cs-~r:~ -~ ~ ~ .~.: ~k;. . . (d) · 'breaches or- cuts through the banks or sides of any tdraina ge!w~;·' - . (e)" opens,·doscs or otbcrwis~- .tampers ·with any sluice, water.gate, regulator., pipe, bench mark, water gauge or other work forming part of such drainage work; .DRAINAGE WORKS [S. 11] 9 (f) suffers or permits fruit, leaves, tree branches, tree ~nks or other vegetation to grow across or fall into any drainage work or fails to take adequate s?eps to prevent the same; or (g) leads any animal, or suffers or pe:rmits any animal to stray upon; the banks or sides of any drainage \1/0rk, shall be liable to imorisonment for six months or to a fine of five hundred ringgit or to both. (2) Where the land of any person is benefited by re.1Son of an~ interference with any drainage work the onus shall be on such person oh,roving-that-hc did not so intericre or cause such interfercn~. (3) (a) The officer in charge of any drainage area may, by notice in writing, require the owner or occupier of any land within such area within such time as may be specified in the said notice, not being less than fourteen days from the date of service of the said noti~ upon the per~on conc:mcd, to take such steps in regard to any tree or other vegetation on such land as may be necessary ·!o ensure that no fruit, leaves, tree branches, tree trunks or other vegetation shall grow across or fall into any drainage work. (b) If default shall be made in complying with · such· notice: witbixr the:. time::..specified..·thercin, the officer in ch~e of the drainage area may enter upoII such land and caus~ch action to be taken as is required: by such notice may rccom the cost o; and all ~-~~ in d~.&~-~Y. n~ary worlcfrom tb:c-said · owner or occupier m ·any court 9f competent jurisdiction. ( c) Service of any notice under this isubscction may be effected in the same manner as service of a notice may be effected under the National land Code. J6 of 196J. [S. 12-13] Acr 354 Coasauctioa U. Any person -who shall construct any canal, water of uaautbo- course, drain, ditch or pond within any drainage area rued draw. so as to connect with any drainage works without ha Ying U0au1boriscd U.$CO( vehicic:s :lDd beau. previously obtainect'- permission in writin~ for such construction from ·the o~~er in charge or such area shall be liable to imprisonment for six months or to a fine of five hundred ringgit or to both. 13. (1) The officer-in-charge of any drainage area shall have the power to license sampans and small craft using the drains, canals or waterways within the drainage area of which he is in charge. Such licences shall be valid onlv within such drainage area. Tne officer in charge may refuse to license any sampan or craft which he has reasonable c:iusc to believe is likely to be used at any time in waters outside such drainage area. (2) Such licences shall be valid only till the 31st day of December, or, in the State of Kedah, the last day of Zu.lhijjah, of the year in which they have been issued, and the licence fee shall be one ringg"it in respect of each sampan or craft. (3) The ~fficer in charge of any drainage are may give permission in writing to bring within the drainage area and to use therein, any craft not mechanically propelled, which has been licensed under any other written law. (4) AIJ.y person who shall bring into any drainage area, or use therein, any unlicensed craft, or any craft licensed under any other written law in respect of which permission in writing has not previously been obtained .undcF-subsccti~(3}, -shall commit. an.. offence. (5) Any person who, wfthout previously havtng obtained permission. in writing from the officer in charge of ~y· draina~e area (a) drives; draws or pushes any vehicle, other than a bicycle, or causes any such vehicle to be driven, drawn or pushed along the banks or sides of any drai~agc channel or bund; or (b) fio~ts, ·or causes t o 1;,c floated, µi any drain~g!= channel any wood or other material, shall commit an offence. DR.Al.NAGE WORKS (S. 13-18] 11 (6) Any person convicted of an offence under this section shall be liable to imprisonment for three months or to a fine of two hundred ringgit or to both. 14 •. Every drainage area shall be in charge of a Drainage and Irrigation Engineer or such other officer as the appropriate authority· may from time to time appoint,-- and such Drainage and Irrigation Engineer, or such other officer shall be known, and is ref erred to in this Act, as the officer in charge of the drainage area. 15. The officer-in-charge of any drainage area may conduct any prosecution in respect of an offence against this Act relating to such drainage are:i.. 16. The appropriate authority may make rules (a) to prescribe the manner of detennining the drainage rate to be imposed on any lands; (b) to prescribe the manner of collecting amounts accrued due in respect of any drainage rate; (c) genera:tly to give effect to this Act . . i7.~ Any penghulu or penggawa, any police officer or any o~ccr of the Drainage and Irrigation Department not below the rank of Inspector, may arrest without warrant any person found committing an offence against sections 11, 12 or 13, and shall forthwith bring such person before the officer in charge of the drainage area who may, if so empowered, compound the offence under section 18 or ma1-0rder the person arrested to be produced.before.a. Magistrate... Ol!ic:cr-ia ch.arr'c oC a dr:l.i.Ju.&c :area.. Proscc~tion. Rulc1. .Puwer to am:sL 18.- (I) The appropriate authority may, by notification Pl>w-crto in the Gazette, empower any Drainage and Irrigation -~:'°C:d Engineer by name to accept from any person against whom a reasonable suspicion· exists that such person. has committed any offence under this 1\ct a sum of money not exceeding seventy-five ringgit by way or . composition for the offence which such person . is suspected of having committed. and all sums so received by a Drainage and Irrigation Engineer shall be credited to the general revenue of Malaysia. [S. 18-19, Schedule] Ri&hl ct acccsa. 12 Acr 354 (2) On payment of such sum of money no f1=1rthcr proceedings shall be ta~en against such person in relation to the off enc: for which such comoosition has been accepted. · 19. All public officers and all.contractors and workmen thereto duly authorised shall have, at all reasonable times, free access to all land for the purpose of COIUtruct ing drainage works and for the purpose of doing all acts necessary· or preliminary thereto, and may for such purposes bring on to such land any surveying, engineer ing- or-censtructional-plant, equipment or stores. · 20. Toe Enactments soeci.fied in the first and second columns of the Schedule are hereby repealed to the extent specified in the third column of the said Schedule: Provided that (a) any appoinnnent . made under any of the Enactments hereby repealed shall be deemed to have been made under this Act; (b) ·any declaration, rate or rule made or imposed under any of the Enactments hereby repealed shall continue in force as if it had been made or imposed under this Act and may be revoked or varied in the same manner as if it had been made or imposed thereunder. SOiEDULE (Section 20) (1) F.M.S. Cap. 144 (2)." "(3) Drainage Works Enact- The whole meut Jobore Enactment No. 17 of 1940 Kcdah Enactment No. 11 of 1346 Drainage Works Enact- · The whole ment, 1940 Enac:tment No. 30 (Drain- The whole age Rate) Kclantan Enacanent Rivers and Drainage Part III No. 18 of 1935 Enactment, 1935 .. [List oC Amendment3] LAWS OF .MALAYSIA Act 354 DRAINAGE WORKS ACT 1954 (Revised-1988) 13 Parciculars under section-·1-(iit and-(iii) of-1he Revision of Laws Ace 1968 (Act 1) UST OF AMENDMENTS Amcndiag uw Shon ii"llc l.n Coro: (ror:1J Ord. No. 60/1956 The Sett!emenLS Nomioa1ed 1-9-1956 Council (Change of Title) Ordinaoce 1956 L.N. 331119.58 Act 56/1965 Act 160 Feder.tl Constitution (Modi- 14-10-1958 iic.:icion of L.lws) (Ordinances and Proci.:unations) Order 1958 National Land Code 1-1-1966 Malaysian Cu.m:ncy (Ringgit) 2.9-8-1975 Act 197.S UST OF LAWS OR PARTS TIIEREOF SUPERSEDED No. 1illc No. 1 of 1954 Drainage Works Ordinance, 1954 [Commissioner's Amen:imC!! ts J 14 DRAINAGE WORKS ACT 1954 (Revi.sed---1988) LIST OF AMENDMENTS MA-OE BY THE COMMISSIONER OF LAW REVISION UNDER SECTION 6 OF THE REVISION OF LAWS ACT 1968 (ACT l} Provision Pinicuan of AmClldmcnc Aucboriry for AmcodmCAt Long title ... The phr::i.sc "to consolicbte s. 6 (1) (vi) and amend the· law with re ference to" substituted by the words "relaung to" Enacting clause ... Omitted s. 6 (1) (i) (J) s. l Subsection (2) added: mar gin:il note added s. 6 (I) (vii); (xii) s. 2 definition- The words "the States of West s. 6 (1) ··owner" MaJaysia" substituted for the (xviii) words "Malay States" s. 4 (1) The phrase "subsection (1) o( s. 6 (1) (iii) section 5.. substituted by the word .. section 5 (l}" s. 5 .•. The word .. National Lan- s. 6 (1) (iv) gu.age" substituted for the ~) words '"the Malay" ·Therl'brase··"or Land Enact- s. 6 (1) (x) menty or of the Land Revenue Collection Ordinance in force in the state, in which the land is situated" omitted Throughout the Act ~- J:he word "Malaysia" sub- s. 6 (1) stituted for the words .. the (xviii) Federation" 2. The word "Act" subsci- s. 6 (1) (v) tuted for the word .. 0 rdinance" Provuioa [Commissioner's Amendments l DRAINAGE WORKS Puticulus o{ Amcadmcnt 15 Autbonty Cor Amcndrnez:u 3. The. word "ringgic" sub- s. 6 (1) (iii) ... stiruted for the word .. do.Uars" 4. The phrase "such impri- s. 6 (1) (iv) sonment and such fine.. (b) Omitted 5. The words .. the provisions s. 6 (1) (iii) of' omitted DIC"n'M oc..ca ..,.n,a IIIAa -,a,n.a,a Wt -,ooee P.S.. LS.a ~ ~--1- a.a., .. LIL. I.LI..., U1'V,A ........... ~ ...:.u... ~1"1iM. - ......... , ... z,,,. ,,.. H.r,a: 60 ,-.