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Indictment

Article 145 Clause 3 of the Federal Constitution has empowered the Attorney General in conducting the prosecution for offenses in competent jurisdiction except the syariah court. In this regard, prosecution proceedings for all offenses under the written law in Malaysia are on the recommendation of the Attorney General. However, it is impossible for all cases in Malaysia to be referred to the Attorney General. Hence, Section 376 of the Criminal Procedure Code has outlined that the prosecution's powers may also be forwarded to his appointed Deputy Prosecutor. Accordingly, any officer in the Government Department may be authorized under Section 377 of the Criminal Procedure Code (Act 593) to conduct prosecution in Court.
 
CASES CAN BE ALLEGED
 
The Legal Department is implementing prosecution for default cases against the notice issued by the Manjung Municipal Council as well as parking offenses, building cases that are not approved by the council or building constructed from the original plan submitted to the council and business case which does not have a Council license.
 

PUNISHMENT AND SECTION INVOLVED IN INDICTMENT

 

 

  Offenses

  Punishment

Car Parking

 

Section 33 of Road Transport Order (Provision of Parking Places)of Manjung Municipal Council 2000.

 

Section 72 (7) of the Road Transport Act 1987 (Act 333) where it is convicted be liable to a fine not exceeding three hundred ringgit (RM 300)

Buildings

 

Building

Section 70 (1) of Road, Drainage and Building Act 1974 (Act 133).

 

If convicted be liable to a fine not exceeding fifty thousand ringgit and may be fined an additional one thousand ringgit for everyday the offense is continued after conviction or imprisonment not exceeding three years or both

Deviation

Section 70 (13) (b) of Road, Drainage and Building Act 1974 (Act 133).

 

Building Amendments

Section 70 (11) of Road, Drainage and Building Act 1974 (Act 133).

 

If convicted be liable to a fine not exceeding twenty five thousand ringgit

Use the building other than its purpose

Section 70 (12) of Road, Drainage and Building Act 1974 (Act 133).

 

If convicted be liable to a fine not exceeding fifty thousand ringgit and five hundred ringgit for everday the offense is continued

License

 

Business without license

By-Law 3, Licensing, Tred, Business and Industrial By-Law (Manjung Municipal Council) 1983.

By-Laws 27, Licensing, Tred, Business and Industrial (Manjung Municipal Council) By-Law 1983. A fine not exceeding two thousand ringgit and an additional fine not exceeding two hundred ringgit for everyday of continuous offense after conviction.

Display a non-licensed billboard

By-Law 15, Advertisement By-law (MDM) 1984

 

By-Law 15, Advertisement By-Law (MDM) 1984, a fine not exceeding two thousand ringgit or imprisonment not more than one year

 

Obstacle

 

Cause of obstacle in public places

Section 46 of Road, Drainage and Building Act 1974

If convicted be liable to a fine not exceeding five hundred ringgit and be liable to a fine of one thousand ringgit of offense for a second conviction and so on