Balai Ringin Pantu News: Errect or Place any Barrier on or Cross the Road (Government Road)..
Under the Road Transport Act, 1987, a government road is a public road to which the public has access, but shall not include any private road which is maintained and kept by private persons or private bodies. Under section 78 of the same Act, only a police officer in uniform authorised in writing by a senior police officer or, any road transport officer in uniform authorised in writing by the Director. may errect or place any barrier on or cross the road for the purpose for the enforcement of this Act. The company has no authority to do that in the public road.
On other issue, any person who has in his possession, custody or control, or carries or uses any arm (shotgun) or ammunition without an arms licence or arm permit, commits an offence under section 8 of Arms Act, 1960 and liable to imprisonment for a term not exceeding seven years, or to a fine not exceeding ten thousands ringgit, or to both.
Therefore, we hope the police, resident, or relevant authority to investigate these cases based on the information in the letter Urgently.
Thanks to Banting for assisting us Dayak in protecting our NCR Land Rights.
- October 3rd
Under Road Transport Act 1987 (Act 333), “road” means any public road and any other road to which the public has access and includes bridges, tunnels, lay-bys, ferry facilities, interchanges, round-abouts, traffic islands, road dividers, all traffic lanes, acceleration lanes, deceleration lanes, side-tables, median strips, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, and other structure and fixtures to fully effect its use and for the purpose of sections 70 and 85, also includes a road under construction, BUT shall not include any private road, bridge, tunnel or anything connected to that road which is maintained and kept by private persons or private bodies.
Therefore, all members of of the public including the inhabitants of the five affected longhouses have rights in public roads and no one section of the community can interdict another section of it from the lawful use of such roads. It is an act of depriving the rakyat to utilize the basic amenities given by the government.
However, under section 83 of the same Act, the appropriate authority (local authority), with the approval of the Minister charge with responsibility for works, in relation to a Federal road has the power to erect refuges, subways and foot-bridges. The Act is silent regarding the power of oil palm plantation and timber companies to do the same, unless the road is a private road.
It means that the road was built when Sarawak was still under the rule of the British Colony. Perhaps none oil palm plantation including SELCRA was existed any where in Sarawak during that time. While the British government intention to construct the road was for the welfare and the convenience of the longhouses sited in the area, what is the Sarawak government stand which allows the company has full control of the road by erecting guard house and structure on the road? Is it 1Malaysia concept?
Secondly, a government servant is supposed to serve the public with an excellent service, but in this case, the Resident of Sri Aman failed to respond the first letter from the community on the same issue, thus he does not execute his duties efficiently.
Thirdly, an offence under Arms Act is serious and the police cannot takes it lightly. They have to check the authenticity of the information in the letter and take necessary action.