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(1)

Any person who, without lawful authority - 

(a)

occupies, or erects any building on, any State land; or

(b)

clears, ploughs, digs, encloses or cultivates any such land or part thereof; shall be guilty of an offence: Penalty, in the case of a first offence, a fine of one thousand ringgit and, for a second or subsequent offence, imprisonment for two years and a fine of five thousand ringgit. [Am. Cap.50]

1

(a)

Any person who aids and abets the commission of an offence under section 32A or subsection (1) shall be guilty of the like offence. [Sub. Ord. No. 3/79] 

(2)

A person shall be deemed to have committed an offence under subsection (1) if it is proved that he has asserted or attempted to assert any right or privilege over State land, or over any land deemed to be State land for the purposes of this Code, and is unable to satisfy the court that he is by law entitled to assert such right or privilege.

(3)

When a conviction has been recorded under subsection (1), the court shall, if application is made to it in that behalf by or on behalf of the Superintendent, issue a warrant addressed to all police officers requiring them forthwith to dispossess and remove such person from such land and, on behalf of the Government, to take possession of the land together with all crops growing thereon and all buildings and other immovable property, if any, upon and affixed thereto; and the persons to whom such warrant is addressed shall forthwith carry the same into execution, and any police officer into whose hands the same may come shall proceed forthwith to carry such  warrant into execution.

(4)

When a conviction has been recorded under subsection (1), the court may, upon application by or on behalf of the Superintendent, inquire into and assess any material damage effected to the Government land unlawfully occupied and may, in addition to imposing a fine, order the same to be paid to the Superintendent on behalf of the Government together with the expense incurred in any survey which was, in the opinion of the court, necessary to establish unlawful occupation, or the extent thereof.

(5)

An application under subsection (3) or (4) may be made without further process if made before the court recording a conviction under subsection (1) adjourns but, if not so made, shall be made by summons returnable before that court, and the court shall make no further order unless proof of the service of such summons upon the person convicted is forthcoming.