Local Government Laws in Malaysia
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Transcript of Local Government Laws in Malaysia
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Local Government
Public administration system based on local
regions.
Areas of regions are set by law.
Administrative powers and functions aredetermined by law.
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Third government in the administration
countries.
Implementing policies in grassroots level thatdirectly deliver services to the citizens of the
local population.
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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.
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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).
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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.
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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.
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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
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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
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The same procedure in Sec 4 applies in the merger of any
two or more local authorities.
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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.
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The term of office shall not exceed 3 years
A councilor shall be eligible for reappointment upon the
expiry of his term of office.
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Councilors must declare their acceptance of office before
he can act as one.
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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.
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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.
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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.
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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.
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- 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
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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
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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.
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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
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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
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Local Authority may, for the purpose of carrying out any
development for residential, commercial and industrial
undertakings.
With the approval of the State Authority.
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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.
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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
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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
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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.
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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.
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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.
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Every by-law, rule or regulation shall not have effect until
it is confirmed by the State Authority and published in the
Gazette.
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[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.
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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.
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[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.
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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.
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History Chronology Flow Chart of Town and
Country Planning in Peninsular Malaysia
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COMMITEE OF ASSESSORS 1801
SANITARY BOARD ENACTMENT 1890
TOWN IMPROVEMENT ENACTMENT 1917
TOWN PLANNING ENACTMENT 1923
Cont
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TOWN PLANNING ENACTMENT 1927
SANITARY BOARDS ENACTMENT 1935
TOWN BOARDS ENACTMENT CAP 137
TOWN AND COUNTRY PLANNING ACT, 1976(ACT 172)
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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.
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History Chronology Flow Chart of amended
Town and Country Planning Act, 1976 [Act 172]
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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.
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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.
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Relationship Authority Structure in the
Planning Town and Country
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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
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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:
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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
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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
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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
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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.
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(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.
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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.
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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
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Function
to regulate all activities with the area oflocal authoritys jurisdiction so that good
governance could be emplaced.
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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.
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Any by-law, rule or regulation made by a
local authority may prescribe fees and
charges
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Every by-law, rule or regulation shall not
have effect until
confirmed by the State Authority
published in the Gazette
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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
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Enforced by City Councils:
1. Public Housing (Federal Territory of Kuala
Lumpur) By-Laws, 200
2. Market (Federal Territory of Putrajaya) By-
Laws, 2003
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Enforced by Municipal Council
1. Food Handlers (Ipoh Municipal Council) By-
Law 1981
2. Public Toilet (MPAJ) 2005
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Enforced by District Council
1. Garbage Throwing And Disposal (Pontian District
Council) By-Laws, 1986
2. Vandalism (Tampin District Council) By-Laws
1991
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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
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