1.

0 Introduction to Local Government Act 171

In Peninsular Malaysia, Local Government Act 171 is operate under uniform laws
enacted by Parliament under clause (4) Article 76 Federal Constitution. This is because
there is no election at the local government level since they were suspended in 1965. Local
Government is an Act to check and combine the laws that relating to the local government.
[CITATION THE17 \t \l 1033 ] The purpose of the Local Government Act 171 is to ensuring
uniformity of law and policy to make a law with respect to local government. The Local
Government Act 1976 shall apply only to Peninsular Malaysia[CITATION THE06 \t \l 1033 ].

The Local Government Act 171 is the main act controlling the powers and functions
of local government in Malaysia. It provides the powers to all local government in doing their
function in order to help to improve the performance of local government in term of functions
of local government. There are five main function of local government under the Local
Government Act 171 which are town planning and control, social function, public health and
sanitation, public amenities and environmental protection and building control[CITATION PNS \l
17417 ]. All this functions are focus in providing the needs of people in the district and make
improvement in the district.

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2.0 Function of Local Government

2.1 Town Planning & Control

Town Planning involves existing development or strategic planning that will meet the
country's future needs and expectations. It's also to control of the construction, growth, and
development of a town or other urban area.[ CITATION Moh08 \l 1033 ]. The Town and
Country Planning Act, 1976, it provides structural and local plans. It will undertake research
studies to formulate planning policies and create a systematic and well planned Local
Authority. Local Government will prepare the town plan once in a year [CITATION THE061 \l
1033 ].

In Town and Country Planning Act, 1976 (Act 172) it list down the planning function
of Local Government which it is the main planning body in the area. They will control the
development of their residential area, industrial area and business area. Town Planning is
also has some degree of housing development, planning system and housing land supply. It
also plan council or government project such as public housing, trading centers, public
markets and recreational facilities and also do some maintenance if necessary [CITATION PNS
\l 1033 ].

Town planning created Local Plans as guideline to plan council or government

projects. Local Draft Plan contains a detailed map and written statement about the proposal
of use and development of land in an area that covers issues of open spaces, densities,
intensity of development, environment and infrastructure[CITATION LOC08 \l 1033 ]. In Local
Draft Plan, it show land use and the intensity of use, major transportation routes and
significant landmarks such as heritage buildings and open spaces. A nearby residents
cannot make any objections once that area has a Local Plan especially when the processing
of an application to undertake land development.

2
2.2 Social Function

The local government plays various type of functions and one of its function is
relating with social function. The local government is on the position where its need to
provide the social needs in the community, It means the local government need to deliver
and providing what the community wants and to protect the social welfare of the people such
as by providing education, pensions, medical care, housing, facilities in recreation, cultural
program, public safety and others. By providing the social needs to the society it will create
the equal opportunities for the society to get a good life as it provide what they needs in
state. According to Minnaar (2010:16), the responsibilities of government are to ensure the
safety and security of all its citizens and to promote their general welfare. These are the
government’s ultimate responsibilities against which its performance could be measured
(Jordaan).

In exercising the social role, the local government encourages the public participation
in the process of development in order to meet the people's need. This can be done through
good communication between the local government and people. From this kind of
communication, the local government can gain the knowledgeable inputs that relate with the
development process as the people know better the implications from the decision of
development. Rogers et al. (2018) states the major factors that affecting the sustainable
development to become more successful is the public participation. For an example, in
Malaysia, the Ministry of Urban Wellbeing, Housing and Local Government make the
initiative to gain the public's respond more quickly and easier is by launching a mobile
complaint implication, Cakna. From that, the ministry can know exactly what the people's
need and can work more effectively in exercising and helping the local government in doing
its social role (Manaf, 2017).

3
2.3 Public Health and Sanitation

In Malaysia, the center of administration in health sectors is under the Ministry of

Health which are divided thought its central, state, district offices as known as local
government. The district health office was established under the coordination and jurisdiction
of State Health Department. In conclusion, the District Health Office is responsible in
delivering public health or services in districts together with District Hospital as the District
Hospital also have the same responsibility towards the people in district. In 2015, there are
167 District Health Office in Malaysia (Manaf R. A., 2016).

In term of public health, District Health Officer hold two main roles which are act as a
body responsible to deliver public health and to manage resources within the country. The
District Health Officer is divided into several units in order to accomplish its functions which
include Public Health Management, Support Services, Primary Care, Family Health, Disease
Control, Occupational and Environmental Health, Food Quality and Health Education and
Promoting and Promotion Units. These units are responsible in overall planning,
coordinating and implementing health programs and activities at district level as well as in
monitoring and providing surveillance activities (Manaf R. A., 2016).

Next, the local government also responsible with sanitation services. The sanitation
are covering of everything from safe collection and disposal of human excreta which are
faeces and urine, to the management of solid waste like trash and rubbish. In the local level,
local government exercise an effective role in delivery the sanitation services for the people.
The strength and accountability of local government will therefore be a key determinant of
the coverage and sustainability of those services, both in villages and in more urban
settings. The sanitation service is important for local government to exercise as it will
determine the cleanness of the state and to avoid the people from getting the sickness
because of bad environment (Drive, 2015).

4
2.4 Environmental Protection And Building Control

Environmental protection is where local authority plays their role in preventing any
deviation regarding the environment. Environmental protection is very important because its
connected to the safety and social health for the people in the local area. Local authority has
been focused on this type of responsibility because it is very serious matter and difficult to
implement the policy and delivering the services to the public. Moreover, there are many
issues that arise regarding the matters of environment that local authority in the local area
need to take action thoughtfully and determinedly.

One of the issues that arise in the local area is that the issues of solid waste that
commonly happened in most of the local area in Malaysia. The local authority having the
hard time to manage and dispose the solid because it is too many and time consuming. For
example, the Municipal Council of Subang Jaya having the problem of people that are
working in the construction sites, illegally throwing the waste from the working construction.
This have made local authority in that area to take legal action to the person that commit that
illegal activity (Michael, 2017). Thus, from that issue, it can be the indicator that the issue of
solid waste is still worrying in most local area in Malaysia. Therefore, the Ministry of Housing
and Local Government (MOHLG) come out with a solution to make the body that responsible
in managing waste is to be privatize so that it can be effectively and efficiently managed.
Currently, the agency that managing the solid waste activity is Solid Waste management
Sdn Bhd (SWF) that responsible to manage the solid waste in most local area in
Malaysia(Arner, 2015).

Building control is where the local authority is responsible to examine and checking
the criteria, requirements and security of a building so that the building is achieving its
standard. Before the building can be fully operated, the owner of the building need to get the
application for the Certificate of Fitness (COF) to be issued by the local authority. The
purpose of this certificate is document is approval by the local authority that the building is in
the good shape and pass all the criteria that has been listed down from the provision of
section 133 of the Street, Drainage and Building Act 1974 (Bujang, 2001). For example, the
Town Hall of Kuala Lumpur (DBKL) actively issued any building in the city of Kuala Lumpur
that has passed all obligation and required criteria that stated in the provision of the Act. The
local authority of Kuala Lumpur also has the power to revoke the certificate if the owner of
the building breach the criteria from the provision.

5
2.5 Public Amenities

Public amenities are the facilities provided that can benefit the property and the value
for the convenient and usable of some place. Public amenities in the public places include
elevators (lifts), wi-fi, restaurants, parks, communal areas, bike paths and garages. The local
government authorities should give to the public all the amenities that they can provide for
the betterment and expedient of the people in the local area. Without all the public amenities,
the environment in the local area could not be useful as staying in the places like staying at
home. People use public amenities to make things easier for them but in different purpose of
use of the facilities. For example, Town Council of Shah Alam (MBSA) providing bicycle path
on all their local roads for the safety of the cyclist in the road (MBSA, 2012). Furthermore,
the initiative made by local authorities of Town Council of Melaka (MBMB) by providing free
wi-fi at their public areas to ease the public to get information such as navigation for direction
and information about places (MBMB, 2011).

Public amenities also for public who are poor and cannot afford anything expensive
or anything that they spend their money for it every day such as public transport. Bus is the
common public transport that people use every day to go to work because it is more cheap
and affordable. Therefore, local authorities need to develop this amenity to give facilities to
the people such as providing more buses so that it covers all the part of rural and urban
areas. For example, City Council of Seremban (MPS) providing more buses to the public
that covers all part of areas from the town of Seremban until part of the village of Felda
Palong (MPS, 2010). Local authorities also providing more incentives to the public buses by
providing free buses for all public that need to use the bus every day. For example, the State
Authority of Selangor give incentives to all local area in the state by providing free bus which
have been well known as ‘Bas Smart Selangor’.

Developing the public amenity for the purposes of changing the technology and the
interest of society for their perception towards modernization. Local authorities need to keep
track to the ever changing of technology so that people will be more advance and up to date.
Development of public amenities also can ease the people to the use of facilities and make
thing more convenient to use. For example, local area that providing phone charging places
for people to charge their phone is one of the facilities that have been provided by City
Council of Seremban (MPS). This means that their local authority aware of the demand of
the advanced technology in the globally advanced society (MPS, 2010).

6
3.0 The way of Local Government Act 171 help to improve the performance of Local
Government in term the function of Local Government (Case Study) :

3.1 Town Planning and Control

Control the development of their residential area, industrial area and business area, also
one of the provisions for Local Government need to fulfill. At the same time, the need to
provide planning feedback and advice to government and private department, agencies and
the public. Town Planning has some degree of housing development, planning system and
housing land supply. Since the private sector is the responsible one to meet housing needs,
the government must do an analysis on the land of housing for the development plans and
development control. For example, in Negeri Sembilan, Bandar Ainsdele is the land that
been choose by government for housing development. Banda Ainsdele it really strategic for
housing development because it near with Nilai Town which provide a lot of vacancy.

Based on The Town and Country Planning Act, Local Government plan council or
government project and also do some maintenance. This provision is to ensure the society
at that area will get a good public facility. This provision has been applied by every Local
Government and it can be seen in the Proposal of Modification Dewan Perbandaran Nilai at
Lot 13102, Rezab Tanah Kerajaan, Nilai by the Nilai Municipal Council. That proposal was
aim to upgrading the parking lots, badminton courts, public toilets for society (Council N.
M.,n.d).

Besides that, in the lists of project under Nilai Municipal Council, there is a lot of
proposal work for renovation in Nilai area. For example, Work Proposal for upgrading the
lamp post system from Desa Kasia Junction up to the Council Roundabout Nilai, NSDK. The
purpose of this work proposal is to provide lighting for residents and all the provision was
provided by Nilai Municipal Council. The implementation percentage of this project is 50%
[CITATION Nil \t \l 1033 ].

7
3.2 Social Function

The Local Government Act 171 provided the power to Local Government to do its
duties in social function. This kind of duties is important to ensure the life of people in the
state become better by getting help from the local government. The way of the Local
Government Act 171 has helped to improve the performance of Local Government in
performing its social duties is by stated in the act the power of local government have in
exercising its social function . For the examples, it stated in Section 101(c)(iii) and Section
101 (v) ,Part XII of Local Government Act 171 which entitled further powers of local authority
[CITATION Loc12 \l 17417 ].

In Section 101(c)(iii), Part X11 of Local Government Act 171, it stated the local
government can exercise its social function by support or contribute to the support of public
parks, gardens, esplanades, recreation grounds, playing fields, children’s playgrounds, open
spaces, holiday sites, swimming pools, stadia, aquaria, gymnasia, community centers and
charitable, religious, educational, social or welfare organizations or institutions in the districts
as to provide enough facilities for the people[ CITATION Loc12 \l 17417 ]. For an example,
Shah Alam City Council provided many types of recreation grounds and holiday sites in its
district such as Recreational Park Section 28 and i-City. In Recreational Park Section 28, it
has been provided with adequate recreational facilities like children's play equipment,
bridges, restaurant and parking facilities. It is suitable for the people who want to go for
recreation with their children (Alam, 2017). While, i-City is the one of holiday sites provided
by Shah Alam City Council which known as digital sites. It is a fantasy garden which its
landscape is surrounded by trees digitally lit up that located at Shah Alam. At i-City, it
provided Man-made snow is an attraction for those who want to experience winter close to
home and also provided suitable place for photo session with the family, when at i-City, it
have a unique exhibition of 3D life paintings. In addition, it also provided the games suitable
for the entire family and a water theme park (Alam, 2017) . This show, Shah Alam City
Council has exercised its duties in social function as provided in Section 110 (c)(iii) of the
Local Government Act 171. The Act help the performance of Local Government in term of
social function by providing power for the Local Government to do so.

However in Section 101 (v), Part X11 of Local Government Act 171, one of the power
that local government have to perform its social duties by doing all the necessary things or
conducive to the public safety, health and convenience [ CITATION Loc12 \l 17417 ]. It is
important for the local government to provide public safety, health and convenience to the

8
people because it can ease the burden of the people. For an example, since 2006, the
Petaling Jaya City Council has installed CCTV in Petaling Jaya with the objectives and
enforcement purposes. Petaling Jaya City Council currently has installed 22 CCTV units
around Petaling Jaya area. The installation is aimed at combating crime and monitoring
areas with relatively high crime rates which known as the hot spots area. All CCTVs are
monitored from the MBPJ CCTV Control Room located at Level 22 Menara MBPJ and
regulated by MBPJ's Enforcement and Security Department. All these CCTVs are also
linked to the Petaling Jaya IPD CCTV Control Room. This prove the way of Petaling Jaya
City Council to provide public safety for their people in their area by installed the CCTV in its
district (Jaya, 2018).

9
3.3 Public Health and Sanitation

In the Local Government Act 171, it help to improve the performance of local
government in exercising the public health and sanitation role by providing the power of the
local government to do their function in term of public health and sanitation. Their main
objective to provide public health and sanitation are to maintain the good environment and to
avoid occurrence of infectious disease from the people. The power was stated in Section 72
(1) and Section 72 (6) , Part IX of Local Government Act 171 entitled food, market, sanitation
and nuisances which give the authority to local government in exercising their function in
providing public health and sanitation to the people.
In Section 72 (1) and Section 72 (6), Part IX of Local Government Act 171, it stated
the local authority have the powers to establish and maintain sanitary services for removal of
rubbish, litter, dead animals and to safeguard and promote the public health and to take
measures to prevent occurrence of infectious disease and for maintaining its area in a clean
conditions[ CITATION PNS \l 17417 ]. This provision give the meaning that the local
government have the power to exercise sanitation power in the state by management of
solid waste such as removal of rubbish, litter and dead animals. Also, this provision stated
that the local government have the power to provide public health by promoting public health
to the peoples as the awareness for them to keep their area in clean condition and to
prevent the diseases.
For an example, in Seremban Municipal Council, it held the Dengue Prevention
Programme in their district as one of the ways to provide public health and sanitation for its
people. In this programme, the council make the public cleaning in house and garbage
collection by appointing two contractors to collect garbage within Seremban Municipal
Council (MPS). While, Seremban District Health in the Dengue Prevention Programme are
responsible for breeding site or location search and destroy team, performing aedes
eradication efforts and fogging in select locations. In exercising this programme to become
successful, the Seremban Municipal Council (MPS) also give instruction about the necessity
of maintenance works on retention ponds owned by Jabatan Pengaliran dan Saliran (JPS)
and ensure the exercise of garbage collection SWME and grass mowing. It also contributed
RM200 for each ‘gotong-royong’ that held by in housing areas and encouraged the residents
in housing areas to participate in Communication for Behavioural Impact (COMBI) activities
organised by the Ministry of Health Malaysia in their areas. Lastly, the action taken by
Seremban Municipal Council (MPS) to make this programme achieved its objectives which is

10
to prevent dengue is by taking prompt action on any related report that make by the
residents (Seremban, 2018).

3.4 Environmental Protection And Building Control

The local authority in the local government have the power to take control the
environment for the environmental protection. Their function mainly preventing any pollution
of the streams. Based on part VIII of the Local Government Act 171 entitled Pollution of
Streams, the local authority has the jurisdiction over any breach of the provision on streams
pollution. The Section that stated all the provisions are Section 69, 70 and 71.

Section 69 stated that ‘Any person who commits a nuisance or deposits any filth in or
upon the bank of any stream, channel, public drain or other water- course within the local
authority area shall be guilty of an offence and shall on conviction be liable to a fine not
exceeding two thousand ringgit or to a term of imprisonment not exceeding one year or with
both and to a further fine not exceeding five hundred ringgit for each day during which the
offence is continued after conviction’[CITATION Loc12 \l 1033 ]. This provision give meaning
that local authority has the right to sue any person or individual who commit any unlawful
manner that stated in the provision such that the person or individual illegally discharge
wastes on the stream. The fine of the liable not exceeding RM5000 or the person can be
imprisoned for that offence. The person also can be liable for both punishment and if the
person still commit to do the same manner, the person will further liable for RM500 for each
day after action had been taken to him. For example, in Municipal Council of Port Dickson
the local authority has the jurisdiction to sue any person who illegally throw rubbish in their
housing drainage that potentially disrupt their streams system and polluting the beach. The
person can be liable under the provision of section 69 of Local Government Act
171[ CITATION MPP10 \l 1033 ].

The local authority in the local government also have the power or function on the
building control of the public building. The building control give the power and jurisdiction to
the local authority to inspect all the public building in the local government area so that all
the building adheres to the building requirement and standard of the local authority. For
example, City Hall of Kuala Lumpur is responsible for ensuring that all building in the Federal
Territory of Kuala Lumpur are safe, comfortable to use and fit to live in. This responsibility of
building control is vested the power under the Building Department of City Hall of Kuala
Lumpur. This Department also has the power in protecting the interests of residents from
unlawful practices in any aspects of construction work to give priority to public safety and
comfort. The Department instructed that all construction work must comply with the legal

11
requirements by vetted and scrutinized in detail before being approved and all construction
work is monitored to ensure it meets with the approval requirements. Proper monitoring also
need to be ensured in the construction site such as temporary worker accommodations, site
offices, show houses, project signage, safety fences, safety nets and so on are according to
the legal requirements. There are many common offences that have committed include the
erection of buildings without proper permission, allowing abandoned buildings to be left to
ruin and ignoring the required levels of safety at the construction site. These to ensure the
implementation of the rules and regulation is efficiently and effectively enforced and be
followed by all the inhabitants [ CITATION DBK12 \l 1033 ].

12
3.5 Public Amenities

In the Local Government Act (171), 1976 the provision regarding public amenities is
stipulated under the Part XII (Further powers of local authority) under the section 101. In this
section, there are consists of 15 sub-section that have been conferred under the power of
local authority in a part of local area. This section is where the local authority practice its
power in manner that prescribe in the provision of the Act[ CITATION PNS \l 17417 ]. Therefore,
further explanations under this act can provide the understanding on how local authority
exercise its power to make the administration run effectively and efficiently.

The first sub-section under section 101 is “erect, maintain and keep in repair
buildings as may be required for its purposes”. This sub-section explained that local authority
has the power and responsibility conferred to them to carried out the control and the
preservation of building so that the building is not exposed with any termites and bugs. This
is very important function of local authorities such that the public building is the building for
the use of people in the local area. If the public building is not being preserved and repaired
it will make people in that local area are being exposed to danger if there is the possibility for
the building to be wreck and demolish. For example, a building had been fallen downed in
the local area of Ulu Klang, Selangor. The local authority in that area had been accused of
not doing their responsibility of examine the structure of the building periodically once a year.
Another example is that, the wall of hotel building had been fallen downed in the local area
of Kuantan, the fire brigade officer reported that the wall in that building are old and had
been too cracked that possibly not long to be fallen downed. The fire brigade officer further
added that the local authority in that area are not fully examined the wall of the building and
make sure that the wall of the building is maintained and repaired[ CITATION Noe18 \l 1033 ].

The second sub-section under the section 101 is “to carry out any development
either by itself or with others with the purpose of residential, commercial or industrial
undertaking”. This provision of function of local authority under this section is very important
with the purpose of developing the local area and to make the local area to change its status
that is more highly income generated local area. For example, the Melaka City Council
(MBMB) has been awarded One Planet City Challenge (OPCC) and automatically became
the first city in Malaysia that has been recognised in the International arena. MBMB has

13
been awarded because of their effort in developing Melaka local area as the green and
environmental friendly even though in the deep city of Melaka. The local authority in that
area also has actively cleaning and preserve the Melaka river and installing neon light along
the river to make more beautiful and mesmerize. Another example, Municipal Council of Nilai
(MPN) has develop and emerge their local area by another that is known Bandar Enstek
Nilai. This city that is focusing on for the city of education which the city that providing many
institution for school, teachers conference hall and the building for the training of government
officer[ CITATION Zai17 \l 1033 ].

The third sub-section under this section 101 is “to erect and maintain public libraries,
art galleries and museums. Local authority is responsible to take care of public libraries, art
galleries and museums. The local authority need to make sure all the places in the provision
are fully maintained and repaired for the of the public. For example, the Municipal Council of
Port Dickson (MPPD) are very strict in examining and checking the public libraries in the
local area so that it is functioning properly in terms of facilities and usable to the local people
of that area. There is also example, in MPPD they are taking care of the monument and
museums so that these places can attracted many tourists and contribute to the income of
the country through the tourism industry.

Therefore, above are the three explanation of sub-section in the section 101 that
have been the function of local authority in terms public amenities and the example that
provide the case study of the stated provision.

14
4.0 Conclusion

For the conclusion, the Local Government Act 171 plays the main role helped to
improve the performance of local government in term of function of local government. It
provides provision to the local government to do its functions in town planning and control,
social function, public health and sanitation, environmental protection and building control
and public amenities. It stated the power of local government in Malaysia can use in its
district in exercising its functions. This show the Local Government Act 171 is the important
instrument for the local government to exercise its functions in the district which is based on
the provision stated in the Local Government Act 171.

15
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