PAD320

Local Govt Administration

CHAPTER 1

Introduction to Local
Government

© Fairuz Hidayat Merican, 2017

 • Define local govt
LE L01
S
S
O
• Explain the objectives, functions
N LO2 & characteristics of local govt
O
U
• Explain obligatory & discretionary
T
LO3
C functions of local govt
O
M
E • Explain sovereignty of local govt
LO4
S
Contents:

1.1 – Definition of Local Govt

1.2 – Objectives of Local Govt
1.3 – Functions of Local Govt
1.4 – Characteristics of Local Govt
1.5 – Sovereignty of Local Govt
1.1 – Definitions of Local
Govt
United Nations (1961)

A political sub-division of a nation/state

which is constituted by a law & has
substantial control of local affairs including
the powers to impose taxes or to exact
labour for prescribed purposes.
Maddick (1963)

A sub-unit of govt controlled by local

council authorized by the central govt to
pass local ordinances, levy taxes, exact
labour & apply central govt policies locally.
Barber (1969)

An authority that determines & executes

matters within a restricted area.
 Green (1976)

An essential instrument of national or

state govt for performance of certain basic
functions which can best be administered
locally on the intimate knowledge of the
needs, conditions & peculiarities of the
area.
1.2 – Objectives of LG
1
National Unity:

Especially important in a multi-racial society;

Structure of LG should reflect ethnic plurality;

Encourage citizen participation & cooperation;

Encourage thoughts & acts that transcend ethnic

barriers;

Representation from rural & urban areas to

ensure welfare for all.
2
Democracy:

Opportunity for citizens for participate in local

issues;

Decentralization of power by the central/state

govt.
3
Freedom:

Refers to the degree of autonomy;

Covers 3 aspects:

1. Financial autonomy;

2. Administrative autonomy;

3. Functional autonomy.
4
Efficiency & Effectiveness:

Focus on the relevant LG units;

Better planning of local needs;

Better delivery system to meet the local

needs.
5
Social & Economic Development:

Given active role in developing their area;

Focus on relevant development needs of

the local population;

Still requires approval & budget from

central/state govt.
1.3 – Function of LG
1
Obligatory Functions:

Main duties of local govt;

Established by the law related to LG;

Standard of performance must be consistent

with the legal requirements;
 Example:

Approval of building plan;

Issuance of the Certificate of Fitness on completed

buildings or structures;

Issuance of licenses for control & regulation of

trading activities;

Maintenance of public places & public conveniences;

Enforcement of the By-laws & related statutes;

Control of contagious diseases.

2
Discretionary Functions:

Only considered essential for LG to provide

something extra to tax payers;

Depends on the ability and financial capacity of

the LG;

No one can legally force them to carry out

functions if they lack the means.
 Example:
Construction of drain in residential areas;

Installation of street lightings;

Improvement to open spaces;

Construction of library;

Provision for sports & recreational facilities;

Town beautification & landscaping;

Provision of road pavements & children’s playgrounds.

1.4 – Characteristics of LG
Has its own territory;
Has its own population;
It is an institution established under the law;
Carry out functions based on the law;
It is infra-sovereign;
Separate legal entity;
Representatives are elected or appointed.
1.5 – Sovereignty of LG
Local govts are infra-sovereign;
“infra” = below;
LG are autonomous but not sovereign;
Only perform functions stipulated in the law;
Still subject to the powers of the central/state
govt.
Characteristics:
Limited power / authority;
Can sue & be sued;
It is a legal entity;
Has the right to be involved in agreements /
contracts.