LAWS OF MALAYSIA
REPRINT
Act 354
DRAINAGE WORKS
ACT 1954
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH
PERCETAKAN NASIONAL MALAYSIA BHD
2006
2 Laws of Malaysia ACT 354
DRAINAGE WORKS ACT 1954
First enacted … ... … … … … 1954 (Ord. No. 1 of
1954)
Revised … … ... … … … … … 1988 (Act 354 w.e.f.
3 November 1988)
PREVIOUS REPRINT
First Reprint … … … … … 2001
Drainage Works 3
LAWS OF MALAYSIA
Act 354
DRAINAGE WORKS ACT 1954
ARRANGEMENT OF SECTIONS
Section
1. Short title and application
2. Interpretation
3. Declaration of drainage area
4. Appointment of Drainage Board
5. Declaration of intention to constitute or vary drainage area
6. Board to make recommendations
7. Appropriate authority not bound by recommendations of Board
8. Imposition of drainage rate
9. Remission of rate in certain cases
10. Mode of recovery
11. Interference with drainage works
12. Construction of unauthorized drains
13. Unauthorized use of vehicles and boats
14. Officer-in-charge of a drainage area
15. Prosecution
16. Rules
17. Power to arrest
18. Power to compound offences
19. Right of access
20. Repeal and saving
SCHEDULE
4 Laws of Malaysia ACT 354
Drainage Works 5
LAWS OF MALAYSIA
Act 354
DRAINAGE WORKS ACT 1954
An Act relating to drainage works.
[25 February 1954]
Short title and application
1. (1) This Act may be cited as the Drainage Works Act 1954.
(2) This Act shall apply to the States of *Peninsular Malaysia
only.
Interpretation
2. In this Act—
“appropriate authority” 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 maintenance of
drains and water courses, embankments, culverts, sluices, water
gates, access paths in drainage reserves and other similar works;
“land” includes any land whether held under title or occupied
in expectation of registration of title or otherwise;
“occupier” includes a lessee or tenant and the cultivator or
person in actual possession, management or control of any land;
“owner” means the registered proprietor of any land in States
of *Peninsular Malaysia and the legal owner or holder by customary
tenure of any land.
*NOTE—All references to “West Malaysia” shall be construed as reference to “Peninsular
Malaysia”–see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2).
6 Laws of Malaysia ACT 354
Declaration of drainage area
3. (1) The appropriate authority may by notification in the Gazette
declare any land within any area affected by any drainage works
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 may in like manner cancel any
such notification, or extend or otherwise vary the boundaries of
any drainage area, or exclude therefrom land previously included
therein.
Appointment of Drainage Board
4. (1) The appropriate authority shall by notification in the
Gazette published at the same time as the notification referred to
in subsection 5(1), and may from time to time thereafter by notification
in the Gazette, 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 persons as the appropriate
authority may appoint.
(3) Every such appointment shall cease and determine at the
expiration of the year in respect of which the same is made.
(4) All questions at meetings of the Board shall be determined
by the majority of the members personally present and voting and
in the event of an equality of votes the Chairman shall have a
casting vote.
(5) The Board may make rules for the conduct of its proceedings.
Declaration of intention to constitute or vary drainage area
5. (1) Whenever it is intended to make any such declaration as is
specified in section 3, the appropriate authority shall publish in the
Gazette a notification of his intention to do so, specifying the land
affected. Copies of such notification in national language and
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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) Within one month from the publication of any such notification
in the Gazette the owner or occupier of any land included in such
notification may object to the Chairman of the Board 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.
Board to make recommendations
6. In addition to the hearing of objections the Board may make
recommendations as to any or all of the following matters:
(a) extensions of or alterations in the boundaries of the drainage
area;
(b) additions to or the improvement of existing drainage
works;
(c) proposals for new drainage works;
(d) the use, if disputed, of any drainage works the cost whereof
is to be met by a drainage rate;
(e) the letting of contracts or issue of indents for the
construction of drainage works, for which purpose the
Board may require to be supplied with such plans and
specifications as may be necessary for the proper
understanding of the nature of the work to be undertaken;
(f) any other matter as to which the appropriate authority
may request the views of the Board.
Appropriate authority not bound by recommendations of Board
7. The appropriate authority shall give due consideration to any
recommendation made by the Board under this Act but shall not
be bound to act in accordance with the same.
8 Laws of Malaysia ACT 354
Imposition of drainage rate
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”, to meet the cost of drainage
works affecting such drainage area, and may in like manner cancel
or vary such annual rate:
Provided that no rate shall be imposed under this section upon
any land until the drainage work in respect of which the same is
imposed has been completed.
(2) Any drainage rate shall be in addition to any rate, assessment
or other liability imposed on any land within a drainage area by
the terms of the document of title under which such land is held
or under any other written law.
Remission of rate in certain cases
9. The appropriate authority may remit in part or in whole either
generally or in particular cases, and subject to such restrictions
and conditions as he may think fit to impose, the drainage rate
imposed on any land within the drainage area which in his opinion
does not receive the full benefit of the drainage works within such
area.
Mode of recovery
10. Except as may be otherwise provided by rule under
section 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 for the collection of land revenue.
Interference with drainage works
11. (1) Any person who without having authority from the
officer in charge of such drainage work—
(a) blocks up or obstructs any drainage work or causes any
drainage work to be blocked up or obstructed;
(b) encroaches on any drainage work;
(c) places any fish trap in any drainage work;
(d) breaches or cuts through the banks or sides of any drainage
work;
Drainage Works 9
(e) opens, closes or otherwise tampers with any sluice, water
gate, regulator, pipe, bench mark, water gauge or other
work forming part of such drainage work;
(f) suffers or permits fruit, leaves, tree branches, tree trunks
or other vegetation to grow across or fall into any drainage
work or fails to take adequate steps to prevent the same;
or
(g) leads any animal, or suffers or permits any animal to
stray upon, the banks or sides of any drainage work,
shall be liable to imprisonment for six months or to a fine of five
hundred ringgit or to both.
(2) Where the land of any person is benefited by reason of any
interference with any drainage work the onus shall be on such
person of proving that he did not so interfere or cause such
interference.
(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 notice upon the person concerned, to take such steps in regard
to any tree or other vegetation on such land as may be necessary
to 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
within the time specified therein, the officer in charge of the
drainage area may enter upon such land and cause such action to
be taken as is required by such notice and may recover the cost
of, and all expenses incurred in doing, any necessary work from
the said owner or occupier in any court of competent jurisdiction.
(c) Service of any notice under this subsection may be effected
in the same manner as service of a notice may be effected under
the National Land Code [Act 56 of 1965].
Construction of unauthorized drains
12. Any person who shall construct any canal, water course,
drain, ditch or pond within any drainage area so as to connect with
any drainage works without having previously obtained permission
10 Laws of Malaysia ACT 354
in writing for such construction from the officer in charge of such
area shall be liable to imprisonment for six months or to a fine
of five hundred ringgit or to both.
Unauthorized use of vehicles and boats
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 only within such drainage area. The
officer in charge may refuse to license any sampan or craft which
he has reasonable cause 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 Zulhijjah, of the year in
which they have been issued, and the licence fee shall be one
ringgit in respect of each sampan or craft.
(3) The officer in charge of any drainage area 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) Any 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 under subsection (3), shall commit an
offence.
(5) Any person who, without previously having obtained
permission in writing from the officer in charge of any drainage
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 drainage channel or bund;
or
(b) floats, or causes to be floated, in any drainage channel
any wood or other material,
shall commit an offence.
(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.
Drainage Works 11
Officer-in-charge of a drainage area
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 referred to
in this Act, as the officer in charge of the drainage area.
Prosecution
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 area.
Rules
16. The appropriate authority may make rules—
(a) to prescribe the manner of determining 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) generally to give effect to this Act.
Power to arrest
17. Any penghulu or penggawa, any police officer or any officer
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
may order the person arrested to be produced before a Magistrate.
Power to compound offences
18. (1) The appropriate authority may, by notification in the Gazette,
empower any Drainage and Irrigation Engineer by name to accept
from any person against whom a reasonable suspicion exists that
such person has committed any offence under this Act a sum of
12 Laws of Malaysia ACT 354
money not exceeding seventy-five ringgit by way of 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.
(2) On payment of such sum of money no further proceedings
shall be taken against such person in relation to the offence for
which such composition has been accepted.
Right of access
19. All public officers and all contractors and workmen thereto
duly authorized shall have, at all reasonable times, free access to
all land for the purpose of constructing 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,
engineering or constructional plant, equipment or stores.
Repeal and saving
20. The Enactments specified 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 appointment 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.
Drainage Works 13
SCHEDULE
[Section 20]
(1) (2) (3)
F.M.S Cap. 144 Drainage Works Enactment The whole
Johore Enactment Drainage Works Enactment 1940 The whole
No. 17 of 1940
Kedah Enactment Enactment No. 30 (Drainage The whole
No. 11 of 1346 Rate)
Kelantan Rivers and Drainage Enactment Part III
Enactment No. 18 1935
of 1935
14 Laws of Malaysia ACT 354
LAWS OF MALAYSIA
Act 354
DRAINAGE WORKS ACT 1954
LIST OF AMENDMENTS
Amending law Short title In force from
Ord. 60/1956 The Settlements Nominated Council 01-09-1956
(Change of Title) Ordinance 1956
L.N. 332/1958 Federal Constitution (Modification 13-11-1958
of Laws) (Ordinances and
Proclamations) Order 1958
Act 56/1965 National Land Code 01-01-1966
Act 160 Malaysian Currency (Ringgit) 29-08-1975
Act 1975
Drainage Works 15
LAWS OF MALAYSIA
Act 354
DRAINAGE WORKS ACT 1954
LIST OF SECTIONS AMENDED
Section Amending authority In force from
2 Ord. 60/1956 01-09-1956
L.N. 332/1958 13-11-1858
3 L.N. 332/1958 13-11-1958
11 L.N. 332/1958 13-11-1958
Act 56/1965 01-01-1966
Act 160 29-08-1975
12 Act 160 29-08-1975
13 Act 160 29-08-1975
18 Act 160 29-08-1975
DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
