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Chapter 3 Local Government Laws in Malaysia

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Chapter 3 Local Government Laws in Malaysia Local Government Public administration system based on local regions. Areas of regions are set by law. Administrative powers and functions are determined by law. Third government in the administration countries. Implementing policies in grassroots level that directly deliver services to the citizens of the local population. Generally, local authorities is an association corporation established by the Local Government Act 1976 (Act 171). Article 95D of the Malaysian Constitution - Local Government Act 1976 (Act 171) are applied only in West Malaysia. In Sabah- Local Government Ordinance 1961 In Sarawak- Local Authority Ordinance 1996. West Malaysia- the Town and Country Planning Act, 1976 (Act 172). Sabah- the Town and Country Planning Ordinance (Sabah Chapter 141) 1969. Sarawak- the Land Code (Sarawak Cap 18); Land (Control and subdivision) Ordinance (Sarawak Chapter 82). Provides a consolidated legal framework. A major advance on the past confusion of inadequate legislation, and above all significant as a wholly Malaysian initiative in the local government field. Expansion of their services a desirable objective. Empowering to establish areas of local authorities and to appoint the committees bodies. Allows a local authority to enact by-laws to help in carry out its functions. The State Authority in consultation with the Minister and the Secretary of the Election Commission may by notification in the gazette; • Declare any area in such state to be a local authority area • Assign a name to such local authority areas • Define the boundaries of such local authority area • Determine the status of the local authority for such local authority area and such status shall be that of a Municipal council or a district council The state authority, in consultation with • the local authority may by notification in the gazette change the name of any local authority area • the minister and the local authority may by notification in the gazette change the status of a local authority area • the minister and the secretary of the election commission, may by notification in the gazette alter the boundaries of any local authority The same procedure in Sec 4 applies in the merger of any two or more local authorities. Local authority shall consist of: • The Mayor or President • Not less than eight and not more than twenty four other councilors Councilor of the local authority shall be appointed from amongst person the majority of whom shall be persons ordinarily resident in the local authority area who in the opinion of the state authority have wide experience in local government affairs or who have achieved distinction in any profession, commerce or industry, or are otherwise capable of representing the interest of their communities in the local authority area. The term of office shall not exceed 3 years A councilor shall be eligible for reappointment upon the expiry of his term of office. Councilors must declare their acceptance of office before he can act as one. No Councilor shall be liable to serve as assessor or as juror. A councilor is holding the post in the Legislative and the post of assessor or juror belongs to the Judiciary. No one person shall holds any two positions in the Legislative, Executive or Judiciary. Every local authority shall be a body corporate and shall have perpetual succession and a common seal, which may be altered from time to time, and may sue and be sued, acquire, hold and sell property and generally do and perform such acts and things as bodies corporate may by law do and perform. Common seal • The common seal of a local authority shall be in the custody of the Secretary and shall be authenticated by the signature of the Mayor or President, one Councilor and the Secretary. • Such seal shall be officially and judicially noticed. Notwithstanding anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect. All Councilors holding office immediately before the coming into force of this Act shall forthwith cease to hold office. - For the purpose of this section, “Councilors” means: • Members of Boards of Management appointed under subsection 4(1) of the *Local Government (Temporary Provisions) Act 1973 [Act 124] • Councilors or Commissioners of Municipal Councils • Councilors of Town Councils, District Councils or Rural District Councils • Members of Town Boards or Local Councils Every local authority may from time to time appoint Committees for: • examining and reporting upon any matter • performing any act • may delegate to any Committee such powers, other than the power to raise money by rates or loans A housekeeping tool to conduct their business. May from time to time make standing orders for regulating its proceedings and those of any Committee thereof, for preserving order at its meetings or at the meetings of any Committee thereof and for regulating the duties of Councilors and the transaction of its affairs. Shall consist of: • All taxes, rates, rents, license fees, dues and other sums of charges payable to the local authority by virtue of the provisions of this Act or any other written law • All charges of profits arising from any trade, service or undertaking carried on by the local authority under the powers vested in it • All interest on any monies invested by the local authority and all income arising from or out of the property of the local authority, moveable and immovable • All other revenue accruing to the local authority from the government of the federation or of any state or from any statutory body, other local authority or from any other source as grants, contribution, endowments or otherwise By resolution and with the consent of the State Authority, may from time to time raise by way of loans such amounts of money upon such conditions as the State Authority shall approve for any of the following purposes: • To defray the expenses incurred or to be incurred • To pay off existing loans Local Authority may, for the purpose of carrying out any development for residential, commercial and industrial undertakings. With the approval of the State Authority. General control and care of all places within the local authority area which have been or shall be at any time set apart and vested in the local authority for the use of the public or to which the public shall at any time have or have acquired a common right. A local authority may: • Make, construct, lay out or set apart new public places • Widen, open, enlarge or otherwise improve any such public place making due compensation in accordance with the provisions of any written law to the owners and occupiers of any land, houses or buildings which are required for any such purpose or which are injuriously affected thereby A local authority shall have power to do all or any of the following things namely: • To establish, maintain and carry out such sanitary services for the removal and destruction of or otherwise dealing with rubbish, litter, dead animals and all kind of refuse and effluent • To establish, erect, maintain, let, control and manage markets buildings, lodging houses, houses, rooms or building kept for public refreshment, shops, stalls and stands, and to control the occupation and use thereof • To license temporary buildings, stalls, tables, show- boards, barrows, carts, tricycles or other receptacles, whether stationary or otherwise, set up or used for the sale or exposing for sale Local Authority may from time to time make, amend or revoke by-laws for the better carrying out of the provisions. Notwithstanding any other provision in this Act, a local authority shall not make, amend or revoke any by-laws in respect of sewage. When the Health Officer has certified in writing that in his opinion any building or part of a building or anything attached to a building used or occupied as a dwelling is unfit for human, he may by notice in writing require the owner thereof to carry into effect all or any of the following things: • the removal, alteration or demolition of the whole or part of the partitions or other erections or obstructions complained of • the execution of such alterations or structural operations as are necessary to render the premises fit for human habitation and to guard against danger of disease. Protective and enforcement services Local Authority may from time to time make, amend and revoke by-laws. Any by-law, rule or regulation may prescribe fees and charges for any matter or thing required or authorized to be done thereunder. Every by-law, rule or regulation shall not have effect until it is confirmed by the State Authority and published in the Gazette. [1979] 2 MLJ 127 Federal Court - Civil Appeal No. 29 & 30, 1978 Raja Azlan Shan, HB (Malaya), Chang Min Tatt HMP, Syed Othman HMP. December 6, 1978 Issue: Renovation of the building without approval from the local authorities - an injunction to stop the building owner operates a restaurant business in it - Local Government Act 1976, section 80. Result: Federal Court ruled that Under section 80 of the Local Government Act 1976, it is clear the local authority has the right to take legal action to using his own name for stop a public nuisance, no matter whether the nuisance has been committed on the premises public or private premises, provided the premises is located in areas under its control. Such action is essential to preserve the public interest. Appellant's appeal is approved. [1997] 1 MLJ 394 Federal Court - Civil Appeal No. 02-728-93 Anuar HB (Malaya), Mohd Azmi HMP, Wan Yahya HMP October 4, 1996. Issue: Temporary road closure - whether the action Petaling Jaya Municipal Council is valid - Local Government Act 1976, section 65.
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