RURAL BOARD (UNAUTHORISED BUILDINGS) BILL

7.40 p.m.

The Prime Minister: Mr Speaker, Sir, I beg to introduce a Bill intituled "An Ordinance to give additional powers to the Rural Board in respect of unauthorised buildings and for matters incidental thereto."

Bill read the First time.

Second Reading

Mr Speaker: Second Reading, what day?

The Prime Minister: Now, Sir. Mr Speaker, Sir, I lay upon the Table a Certificate of Urgency signed by the Yang di-Pertuan Negara in respect of the Rural Board (Unauthorised Buildings) Bill.

Certificate of Urgency handed in.

Mr Speaker: The Certificate is in order. Are typed copies of the Bill available ?

The Prime Minister: Yes. They have been given to the Clerk.

Typed copies of the Bill distributed to hon. Members.

The Prime Minister: Mr Speaker, Sir, I beg to move, "That the Bill he now read a Second time."

As the Explanatory Statement puts it, the Local Government Ordinance provides for summary powers to deal with demolition or removal of unauthorised structures and for penalties for the sale or agreement to sell an unauthorised building. Unfortunately, this only applies to the City Council area. The Bill seeks to provide for similar powers to deal with unauthorised structures in the areas administered by the Rural Board.

Sir, we are extremely concerned with the spate of unauthorised structures that are being built in the rural areas in utter disregard of structural and health requirements, and even fire safety requirements. The difficulty is that to go by the ordinary processes of the law would take anywhere between three and six months, by which time somebody would already have been swindled into buying the house, gone into occupation, and there is all the unpleasantness and the unhappiness of having to evict him from what is an unlawful structure.

These provisions are purely transitional. It re-enacts sections 170 and 170A of the Local Government Ordinance so that the powers contained in these two sections could be extended to the rural areas. The Bill will not be required any longer when the Local Government Integration Bill, the First Reading for which notice has been given, has been introduced and becomes law.

Mr Speaker, Sir, I beg to move.

Question proposed.

Inche Ahmad Jabri Bin Mohammad Akib (Southern Islands): (In Malay): Mr Speaker, in connection with the Rural Board (Unauthorised Buildings) Bill introduced by the Government, which will extend its powers to the rural areas, the time indeed is reached when proper control is required over unauthorised structures. We have supported the steps to look after the interest of the public. Nevertheless, Mr Speaker, because the power will be extended to the Southern Islands - the Southern Islands comes under the Rural Board - I ask the authorities concerned to implement this Bill in such a manner as to give due consideration to the conditions prevailing in the areas concerned. In the application of these -by-laws, no mercy should be shown to those people who put up unauthorised structures solely for the purpose of profiteering at the, expense of the innocent victims. But due consideration should be given to those victimised. What I mean is that, firstly, the reason why such victims commit this offence is that they are in the dark about the existing regulations. Also, because they are hard pressed with certain conditions. For instance, a family which is increasing will require more floor space. Under such conditions, how car' they strictly follow the regulations - regulations which they cannot understand and which they break intentionally or otherwise?

I would ask that the officers implementing these by-laws should make the people understand these regulations and not intimidate or threaten them. I know of an instance where a resident in the Islands extended his dwelling house without complying with the approved plan. When this came to the notice of the officer concerned, the house owner was informed that his house must be reconstructed to conform to the approved plan, failing which action would be taken to demolish the house.

I think this method of implementing the rules or regulations amounts to intimidation or threatening the people who do not know the rules and regulations. On such matters, Mr Speaker, the officers concerned must use their discretion and enforce rules that should be understood by the people.

Inche Mohd. Ali Bin Alwi: (In Malay): Mr Speaker, about this Bill relating to unauthorised buildings in the rural areas, as has been explained by my colleague the Member for the Southern Islands, we cannot deny that proper control is necessary.

I am aware that this Bill is to be introduced on a Certificate of Urgency. Therefore, I must take this opportunity to tell this House how these rules should be enforced on the defaulters. What is the meaning of the word "unauthorised" in the real sense of the word in relation to dwelling houses? Does it mean an unauthorised dwelling built without a permit on other people's land, and built without regard to lire hazards and health considerations? In my constituency, Mr Speaker, from my experience from the time of the previous Government up to the present Government, it is difficult for people to build houses, and those houses that were built were illegally built. Can we apply the term "unauthorised" to these houses, or can we allocate them house numbers? Mr Speaker, most of the people in my constituency at this moment have bought sites from lessees, and they have paid for these sites with money - from $600 to $2,000 - as "gratuity". What concerns me, Mr Speaker, is that the intention of these people is to build houses, but the lessees cannot sign any documents for the purpose of obtaining permits from the Building Surveyor's Department. The lessees are not concerned, and so the victims are the ordinary people who have been cheated.

So I appeal to the authorities, through the Government, to consider this aspect of the matter. I have personally experienced it, and I think it has been brought to the notice of the Minister for National Development that the Government, as a Government, can consider the position of the victims. These victims not only paid a "gratuity" or coffee money but they also paid other expenses as well. So I hope the authorities will give serious consideration to this matter. It is because these people have become the victims of unscrupulous people.

The Prime Minister: Mr Speaker, I agree with the sentiments expressed by the Member of the Southern Islands and the Member for Kampong Kembangan. I think the purpose of this Bill is to make sure that the innocent victim does not suffer. If we can smack down an illegal building fast enough before the contractor or the illegal building operator has had a chance to sell it to the poor victim, the chances are that only the illegal building operator who can afford to suffer will bear the loss of having his wood and nails torn asunder.

I must admit, after listening to the Member for Kampong Kembangan and the Member for the Southern Islands, that, in fact, it is an indictment against our society that many of these victims, in buying these illegal houses are consciously taking a risk. Vaguely they know that something is not quite all right, because the contractor usually wants them to move into occupation in the middle of the night. Usually they do move in the middle of the night because building operations are conducted in darkness and wherever possible on the following morning there is already a family in occupation.

I give this assurance to the Member for the Southern Islands, that where a family is already in occupation of these houses, then of course humanitarian considerations apply. And in the administration of this Bill, we shall have to consider the question of human feelings involved in having to evict physically a person from a building on which he has probably spent his life savings.

However, I am happy to report that in the city areas, where similar provisions have applied, partly because of the promptness of the Chief Building Surveyor's Department and partly because of the large number of flats which have been built, such operations are no longer profitable, and I hope similar provisions ---

8.00 p.m.

Mr Speaker: Order. Moment of interruption.