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Private Agencies Act 1971 [Act 27]

11 Power of entry and search of premises of a licensed private agency

(1) If the Minister has reason to believe that any licensed private agency carries on its business or engages in activities or its business is being used for purposes prejudicial to peace, welfare and good order in the Federation, he may authorize in writing a police officer not below the rank of Assistant Superintendent to enter into any place which the Minister has reason to believe is used as the place of meeting or business of such private agency.

(2) Any officer authorized to exercise the powers of entry under this section may without warrant and with or without assistance and using force for that purpose if necessary, enter such place and may search such place and any person found therein or escaping therefrom:

Provided no woman shall be searched under this subsection except by a woman.

(3) Any officer authorized to exercise the powers of entry under this section may seize any document or other thing which he reasonably believes to be or to contain evidence relating to the business or activities mentioned in subsection (1).

(4) Nothing in this section shall be deemed to affect the powers of a police officer under the Criminal Procedure Code [Act 593] or any other written law.

12 Power of entry to and search of premises suspected of being used by unlicensed private agencies

(1) If the Minister has reason to believe that business of an unlicensed private agency is carried on or that any books, accounts or other documents of such unlicensed private agency are kept or deposited in any premises or place, he may authorize in writing a police officer not below the rank of Assistant Superintendent to enter into such premises or place.

(2) Any officer authorized to exercise the powers of entry under this section may without warrant and with or without assistance and using force for that purpose if necessary, enter such place and may search such place and any person found therein or escaping therefrom:

Provided no woman shall be searched under this subsection except by a woman.

(3) Any officer authorized to exercise the powers of entry under this section may seize any books, accounts or other documents which he reasonably believes to be or to contain evidence relating to the business of an unlicensed private agency.

(4) Nothing in this section shall be deemed to affect the powers of a police officer under the Criminal Procedure Code or any other written law.

13 False statement

If any person-

(a) furnishes, in relation to an application for the grant of a licence under section 3, particulars which, to his knowledge, are false or in any material respect misleading; or

(b) with a view to inducing the Commissioner of Police or the Chief Police Officer to grant a letter of approval, makes any statement or declaration which, to his knowledge, is false or incorrect, either in whole or in part, or in any material respect misleading,


he shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.

14 General penalty

Any person contravening the provisions of this Act or any rules made thereunder shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.

15 Seizable offence

An offence under this Act shall be a seizable offence within the meaning of the law relating to criminal procedure.

16 Liability of director, etc.

(1) Where an offence under this Act has been committed by a body of persons corporate or unincorporate, any person who at the time of the commission of such offence was a director, manager, secretary or other similar officer of the body of persons or who was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance, and that he exercised such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances.

(2) Any person who would have been guilty of an offence if anything had been done or omitted by him personally shall be guilty of such offence and liable to the same penalty if such thing had been done or omitted by his partner, agent or servant in the course of partnership business or in the course of his employment, as the case may be, unless he proves that the offence was committed without his knowledge or consent and that he took all reasonable precautions to prevent the doing or omission to do such thing:

Provided that nothing herein shall relieve the partner, agent or servant from liability to prosecution.

17 Power of Minister to delegate

(1) The Minister may in writing delegate all or any of his powers and duties under this Act or any rules made thereunder to any officer in the public service of the Federation and may at any time revoke such delegation.

(2) No delegation under subsection (1) shall affect the exercise of such power or the performance of such duty by the Minister.

18 Power to make rules

The Minister may make rules generally for the carrying out of the provisions of this Act and such rules may-

(a) prescribe such fees or charges as may be necessary for the purposes of this Act;

(b) provide for the information and documents to be furnished for the purposes of applications for licence or letter of approval;

(c) provide for the taking and recording of photographs of persons applying for licence or letter of approval;

(d) prescribe the amount and form of deposit to be kept with the Accountant General under section 3;

(e) prescribe the form of licence to be issued under section 3 and of identification papers under section 7;

(f) provide for approving the uniform, badge or emblem to be worn by an employee of a licensed private agency;

(g) prescribe the register of employees to be kept by a licensed private agency and to provide for the inspection thereof;

(h) prescribe that any act or omission in contravention of the provisions of any such rule shall be an offence;

(i) provide for transitional provisions in relation to business of private agency which has been carried on before the coming into force of this Act;

(j) provide generally for the purposes of giving effect to this Act.

19 Saving

(1) In so far as the provisions of this Act relate to a business or company, such provisions shall be construed as in addition or supplementary to, and not in derogation from, the provisions of any written law relating to registration of businesses or to companies.

(2) Nothing in this Act-

(i) shall be construed as conferring on a licensed private agency or the employees thereof any of the powers which by any written law are conferred upon and exercisable by a police officer, customs officer, immigration officer, prison officer or any other public officer;

(ii) shall authorize a licensed private agency or the employees thereof to do or to omit to do an act which act or omission is unlawful or illegal by virtue of any written law.

20 Repeal

The Emergency (Essential Powers) Ordinance No. 58 of 1970 is repealed.


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