LICENSING OF PREMISES FOR TRADES, BUSINESSES AND INDUSTRIES (PERBADANAN PUTRAJAYA) BY-LAWS 1999
IN exercise of the powers conferred by section 102 of the Local Government Act 1976[Act 171], the Perbadanan Putrajaya makes and pursuant to section 103 of the said Act the State Authority confirms, the following by-laws:
1. These by-laws may be cited as the Trades, Businesses and Industries (Perbadanan Putrajaya) By-laws 1999 and shall apply only to Kawasan Perbadanan Putrajaya and shall come into force on the date of their publication in the Gazette.
2. In these By-laws unless the context otherwise requires-
"authorised officer" " means any officer authorised in writing by the President;
"nuisance" means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing or which is or likely to be injurious or dangerous to health or property or which affects the safety or the rights of the inhabitants at large;
"Perbadanan" means the Perbadanan Putrajaya established under section 3 of the Perbadanan Putrajaya Act 1995[Act 536];
"Kawasan Perbadanan Putrajaya" means the area as described under section 10 of the Perbadanan Putrajaya Act 1995[Act 536];
"toilet" means any room, enclosure, compartment or building where any person may go to defecate, urinate or cleanse himself.
3. No person shall use any place or premises within Kawasan Perbadanan Putrajaya for any trade, business or industry as prescribed in the Schedule without a licence issued by the Perbadanan.
(1) An application for a licence under by-law 3 shall be made to the Perbadanan in such form and manner as the Perbadanan may determine.
(2) The Perbadanan may require any applicant for the issue or renewal of a licence to attend in person or in the case of a corporation or firm, may require an authorised representative of that corporation or firm to attend at the time of issue or renewal.
(3) Upon approval of the application, the Perbadanan shall issue a licence subject to -
(a) payment of the fee as set out in the Schedule; (b) such conditions and restrictions as may be specified therein; and (c) payment of a deposit of such sum as the Perbadanan may determine;
(4) The licence shall be in such form as the Perbadanan may determine.
(5) The Perbadanan may issue a licence for any period not exceeding three years and is renewable, subject to an application for renewal being made to the Perbadanan three months before expiry and the payment of the fee as set out in the Schedule on or before the date of expiry.
(6) Where any period of a licence is less than a year, the fee payable for such licence shall be calculated on a month to month basis based on the rate as set out in the Schedule, and for the purpose of this by-law, part of a month shall be deemed to be a month.
6. The deposit paid under Paragraph 4(3)(c) shall, unless forfeited under by-law 8 be refunded with no adjustment for interest on the amount deposited to the licensee after the licensee has ceased operations and upon surrender of the licence to the Perbadanan in the event that the licence has not expired.
(1) The Perbadanan may forfeit the deposit in whole or in part if the Perbadanan is satisfied that there has been a breach of the conditions or restrictions of the licence or contravention of the provisions of these by-laws.
(2) Upon forfeiture of such deposit, the licence shall be deemed to be cancelled, unless the Perbadanan, on the application of the licencee, allows the licence to continue to be in force subject to repayment of the deposit that has been forfeited.
13. The licensee shall ensure that every toilet shall at all times be equipped with toilet-paper, detergent, deodorant or air freshener, refuse bin and electric hand dryer, roller towel or clean towel and tissue paper.
(1) The licensee of any trade, business or industry shall maintain or cause to be maintained every part of the trade, business or industry, including toilets, fittings and fixtures in a clean condition and in good repair at all times.
(2) The licensee of any trade, business or industry shall not-
(a) place, or throw or cause or allow to be placed or thrown any dust, dirt, paper, ashes, carcass, refuse, boxes, barrels, bales or other article or thing in any drain, walkway or street in front, rear or sides of the premise;
(b) keep or leave any article or thing whatsoever in any place where it or particles therefrom have passed or likely to pass into any drain, walkway or street in front, rear or sides of the premise;
(c) dry any article of trade, business or industry or other article or thing in any drain walkway or street in front, rear or sides of the premise;
(d) throw, place, spill or scatter any blood, brine, swill, noxious liquid or other offensive or filthy matter of any kind in such manner as to run or fall into any drain, walkway or street in front, rear or sides of the premise;
(e) drop, spill or scatter any dirt, sand, earth, gravel, stone, grass, straw, ashes, trade refuse, garbage or any other thing or matter in any drain, walkway or street in front, rear or sides of the premise;
(f) sieve, shake, clean, beat or otherwise agitate any lime, ashes, sand, coal, hair, waste paper, feathers or substance in such manner that it is carried or likely to be carried by the wind to any drain, walkway or street in front, rear or sides of the premise;
(g) throw or leave behind any bottle, glass, can, food container, food wrapper, particles of food or any other article or thing in any drain, walkway or street in front , rear or sides of the premise;
17. The licensee shall take steps to ensure that adequate lighting is provided to the satisfaction of the Perbadanan.
(a) suspend swimming and order all bathers out of the water if, in his opinion, the condition of the water is unsatisfactory or the swimming pool is overcrowded; and
(b) close the Pool and/or suspend swimming and order all bathers out of the water in the event of the breakdown of swimming pool flood?lights and/or general lighting, plant and equipment, or in any emergency which may arise detrimental to the safety of bathers.
18. The licensee shall take steps to ensure that there is adequate ventilation in the licensed place or premises to the satisfaction of the Perbadanan and shall cause every means of such ventilation to be kept in good order and in efficient working condition.
19. The Perbadanan may, by notice in writing, require any licensee to provide for his workers suitable and sufficient facilities by way of mess rooms, rest rooms, canteens, changing rooms and lockers and to improve upon the same if the Perbadanan considers the existing facilities inadequate.
(a) that adequate fire fighting equipment and adequate staircases and exits are provided and maintained to the satisfaction of the appropriate authority and the Perbadanan;
(b) that all staircases, passages, landings and exits are kept clear of all obstructions;
(c) that every door is constructed and fitted as to be readily opened.
(1) Inflammable substances or solutions shall be kept in proper containers with self-closing lids of approved design.
(2) Where solvents, solutions or cements having a flash point below 23 degrees Centigrade are kept in quantities exceeding 45 litres, a non-flammable store shall be constructed to the requirements of the Perbadanan.
24. The licensee shall not cause, allow or permit dust, fume, vapour, gas, heat, radiation, odour, smell, vibration, smoke or soot emission of such quantity from his licensed place or premises which in the opinion of the Perbadanan is a nuisance or which pollutes the atmosphere.
26. The Perbadanan may direct that any particular trade, business or industry may not be permitted to operate in a licensed place or premises except during such time and hours as the Perbadanan shall specify or impose and the licensee shall comply with any such direction.
27. The Perbadanan may at any time suspend or cancel the licence if there has been any breach of the conditions or restrictions of the licence or any contravention of the provisions of these by-laws:Provided that nothing in this by-law shall preclude the licensee from being liable to prosecution.
(a) enter and inspect any place or premises which are used or which the Perbadanan reasonably believes is being used for the purpose of any trade, business or industry for which a licence is required under these by-laws:
(b) request from the licensee of trade, business or industry any information regarding the trade, business or industry and the licensee or his employee shall provide any information required of him.
29.Any person who contravenes any of the provisions of these by-laws shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment of not more than one year and in the case of continuing offence to a fine not exceeding two hundred ringgit for each day after conviction.
