Local Government Laws in Malaysia

8/4/2019 Local Government Laws in Malaysia

1/72


2/72

Local Government

Public administration system based on local

regions.

Areas of regions are set by law.

Administrative powers and functions aredetermined by law.


3/72

Third government in the administration

countries.

Implementing policies in grassroots level thatdirectly deliver services to the citizens of the

local population.


4/72

Generally, local authorities is anassociation corporation established by theLocal Government Act 1976 (Act 171).

Article 95D of the Malaysian Constitution -Local Government Act 1976 (Act 171) areapplied only in West Malaysia.

In Sabah- Local Government Ordinance 1961

In Sarawak- Local Authority Ordinance 1996.


5/72

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).


6/72

Provides a consolidated legal framework.

A major advance on the past confusion of

inadequate legislation, and above allsignificant as a wholly Malaysian initiative in

the local government field.

Expansion of their services a desirableobjective.


7/72

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.


8/72


9/72


10/72

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


11/72

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


12/72

The same procedure in Sec 4 applies in the merger of any

two or more local authorities.


13/72

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 distinctionin any profession, commerce or industry, or are otherwise

capable of representing the interest of their communities

in the local authority area.


14/72

The term of office shall not exceed 3 years

A councilor shall be eligible for reappointment upon the

expiry of his term of office.


15/72

Councilors must declare their acceptance of office before

he can act as one.


16/72

No Councilor shall be liable to serve as assessor or as juror.

A councilor is holding the post in the Legislative and thepost of assessor or juror belongs to the Judiciary. No one

person shall holds any two positions in the Legislative,

Executive or Judiciary.


17/72

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 andperform such acts and things as bodies corporate may by

law do and perform.


18/72

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.


19/72

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 immediatelybefore the coming into force of this Act shall

forthwith cease to hold office.


20/72

- 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


21/72


22/72

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


23/72

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.


24/72


25/72

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 orundertaking 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


26/72

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


27/72

Local Authority may, for the purpose of carrying out any

development for residential, commercial and industrial

undertakings.

With the approval of the State Authority.


28/72


29/72

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.


30/72

A local authority may:

Make, construct, lay out or set apart new public places

Widen, open, enlarge or otherwise improve any suchpublic 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


31/72


32/72

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


33/72

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 localauthority shall not make, amend or revoke any by-laws in

respect of sewage.


34/72

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 theowner 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.


35/72


36/72

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.


37/72

Every by-law, rule or regulation shall not have effect until

it is confirmed by the State Authority and published in the

Gazette.


38/72


39/72

[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 thelocal authorities - an injunction to stop the building owner

operates a restaurant business in it -

Local Government Act 1976, section 80.


40/72

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 whetherthe 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.


41/72

[1997] 1 MLJ 394

Federal Court - Civil Appeal No. 02-728-93

Anuar HB (Malaya), Mohd Azmi HMP, Wan YahyaHMP

October 4, 1996.

Issue:Temporary road closure - whether the action Petaling Jaya

Municipal Council is valid - Local Government Act

1976, section 65.


42/72

Result:

Approve the appeal of appellant, the Court

Federation ruled that although in this case is made only

for temporary closure time and involves a part of the road,action of the respondents (to closed some road as a night

market area night) is illegal. Not only cause obstruction

to traffic, and even pose a threat to affect

the enjoyment of health and population premises along

the road. Court decided that the action

of the respondents express ultra vires the Act and contrary

to civil rights, the respect of road users.


43/72

History Chronology Flow Chart of Town and

Country Planning in Peninsular Malaysia


44/72

COMMITEE OF ASSESSORS 1801

SANITARY BOARD ENACTMENT 1890

TOWN IMPROVEMENT ENACTMENT 1917

TOWN PLANNING ENACTMENT 1923

Cont


45/72

TOWN PLANNING ENACTMENT 1927

SANITARY BOARDS ENACTMENT 1935

TOWN BOARDS ENACTMENT CAP 137

TOWN AND COUNTRY PLANNING ACT, 1976(ACT 172)


46/72

Town and Country Planning Act, 1976 [Act 172] is enacted

pursuant to Clause (4) of Article 76 of the Federal

Constitution.

Applies to Peninsular Malaysia

The states of Sabah, Sarawak and the Federal Territory of

Kuala Lumpur enforce their own sets of planning

legislation.

Town and Country Planning Act, 1976 contains 9 Parts with

59 Sections originally. It was amended 4 times over the

years from 1993 to 2007.


47/72

History Chronology Flow Chart of amended

Town and Country Planning Act, 1976 [Act 172]


48/72

Town and CountryPlanning Act(Amendment) 1993 [ActA866

]

amended by insertinga provisionconcerning sewerageactivities.

Town and CountryPlanning Act(Amendment) 1995 [ActA933

]

amended to addressthe rapiddevelopment thatneglects theimportance ofenvironmental

conservation withregards to treepreservation order.


49/72

Town and CountryPlanning Act(Amendment) 2001 [ActA1129]

amended to addressproblems arisen inthe property sectorand to enable FederalGovernment to playits role pertaining totown and country

planning issues whichwas in line with thecooperative spiritunder the FederalConstitution.

Town and CountryPlanning Act(Amendment) 2007 [ActA1313]

amended by insertinga provisionconcerning themanagement ofcontrolled solid wasteand public cleansing.


50/72

Relationship Authority Structure in the

Planning Town and Country


51/72

National PhysicalPlanning Council

State PlanningCommittee

Local PlanningAuthorities

Ministry of Housing andLocal Government

Federal Department of Townand Country PlanningPeninsular Malaysia

Town and Country PlanningState Department

Local Authorities


52/72

Membership

1. Prime Minister

2. Deputy Prime Minister

3. Minister responsible for town and country planning;

housing and local government; and land4. Minister of Finance

5. Chief Minister of every state and Minister for Federal

territory

6. Not more than seven members to be appointed by the

Prime Minister.

Function:


53/72

Function:

1. Policymaking

With a draft of the policy, planning efforts to achieveobjects may be held

2. Planning

By socio-economic planning, it provide waysto achieve the objectives contained in the public policy

within a specified period of time

3. Implementation

At the implementation level, every government agency responsiblein development plans automatically is assigned to

implement the plan

4. Coordination

To provide communications

and relationship between the various agencies involved in theimplementation of development programs and projects

5. Ratings

To know the effect of implementation of a program ordevelopment of the society who are being targeted


54/72

Membership

1. Chief Minister2. Deputy chairman*

3. Not more than tree members to be appointed by state authority*

4. State Secretary

5. State Director

6. State Director of Lands and Mines7. State of State Economic Planning Unit

8. State Director of Public Works

9. State Legal Advisor

10. State Financial Officer

11. State Development Officer12. State Director of Environment

13. Not more than four members appointed by state authority

* from members of State Executive Council

F ti (S 4(4) T d C t Pl i


55/72

Function (Sec 4(4) Town and Country Planning

Act, 1976)

Promote the preservation, use and

development of all lands in the state.

Advise the State Government

on matters in aboveUndertake, assist and promote

the information and methodology to town

and country planning


56/72

Function (Sec 6(1) Town and Country Planning

Act, 1976)

Regulate, control and plan the development and use of allland and buildings within the area.

Undertake, assist and encourage the collection,

maintenance, and publication of statistics, bulletins, and

monographs, and other posts in relation to town and

country planning and methodology. Perform any other duties imposed upon it from time to

time by the State Authority or by the State Planning.


57/72


58/72

(1994) 2 MLJ 297

High Court (Johor Bahru) - Originating

Summons No 24 -121-94

Haidar, H.

28 April 1994

Issue:

Project of floating city - whether the project is not valid

because of conflict with the Town and

Act 1976 - whether the applicants have locus standi.


59/72

Result

The High Court decided that the agreement made between

the first defendant (the Johor State Government) with

the second defendant (Johor Coastal PT. Ltd.) is

not a public document. Therefore, plaintiffs have no right

to examine or check the contents.

The Court also stressed that even possible violation

of Town and country Planning Act, 1976 (Act 172),

the plaintiff did not have locus standi to refer violations to

the court unless he can produce evidence that

he has been or will pay a specifically in violation of his due

the excess loss that has or may borne

by other taxpayers who living in Johor Bahru.


60/72

Meaning of by-laws:

Subsidiary legislation

Under provision of parent Act or OrdinanceMade by government departments or units

These departments/ units have their own

tribunal/ court to handle by-laws


61/72

Function

to regulate all activities with the area oflocal authoritys jurisdiction so that good

governance could be emplaced.


62/72


63/72

Local authority may from time to time make,

amend and revoke by-laws in respect of all

such matters as are necessary or desirable

for the maintenance of the health, safety

and well-being of the inhabitants or for the

good order and government of the local

authority area.


64/72

Any by-law, rule or regulation made by a

local authority may prescribe fees and

charges


65/72

Every by-law, rule or regulation shall not

have effect until

confirmed by the State Authority

published in the Gazette


66/72

Local authority may, by by-law, rule or

regulation prescribe for the breach of any

by-law, rule or regulation

Fine not exceeding RM2000 or a term of

imprisonment not exceeding one year or to

both

In the case of a continuing offence a sum notexceeding RM200 for each day


67/72

Enforced by City Councils:

1. Public Housing (Federal Territory of Kuala

Lumpur) By-Laws, 200

2. Market (Federal Territory of Putrajaya) By-

Laws, 2003


68/72

Enforced by Municipal Council

1. Food Handlers (Ipoh Municipal Council) By-

Law 1981

2. Public Toilet (MPAJ) 2005


69/72

Enforced by District Council

1. Garbage Throwing And Disposal (Pontian District

Council) By-Laws, 1986

2. Vandalism (Tampin District Council) By-Laws

1991


70/72

Example under Local Government Ordinance

1961 (Sabah)

Hotels and Lodging Houses (Kota Kinabalu

Municipal Council) By-Laws, 1966

Example under Local Authority Ordinance

1996 (Sarawak)

Refuse Collection & Disposal (Padawan

Municipal Council)By-Laws, 1982


71/72


72/72

Documents

Local Government Laws in Malaysia