Local Government
 Public

administration system based on local regions. of regions are set by law.

 Areas

 Administrative

powers and functions are determined by law.

 Third

government in the administration countries.
policies in grassroots level that directly deliver services to the citizens of the local population.

 Implementing

Local Government Ordinance 1961 Sarawak. Generally.Local Authority Ordinance 1996. 95D of the Malaysian Constitution Local Government Act 1976 (Act 171) are applied only in West Malaysia.  Article  In  In . local authorities is an association corporation established by the Local Government Act 1976 (Act 171). Sabah.

Land (Control and subdivision) Ordinance (Sarawak Chapter 82).  Sabah-  Sarawak- . 1976 (Act 172). the Town and Country Planning Ordinance (Sabah Chapter 141) 1969. West Malaysia.the Town and Country Planning Act. the Land Code (Sarawak Cap 18).

 Provides a consolidated legal framework. A  Expansion of their services a desirable objective. major advance on the past confusion of inadequate legislation. . and above all significant as a wholly Malaysian initiative in the local government field.

 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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• 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 Minister and the Secretary of the Election Commission may by notification in the gazette.

may by notification in the gazette alter the boundaries of any local authority . 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.

. 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.  . or are otherwise capable of representing the interest of their communities in the local authority area. commerce or industry.

 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.

Executive or Judiciary.  . No one person shall holds any two positions in the Legislative. 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.

 Every local authority shall be a body corporate and shall have perpetual succession and a common seal. and may sue and be sued. . acquire. which may be altered from time to time. hold and sell property and generally do and perform such acts and things as bodies corporate may by law do and perform.

one Councilor and the Secretary. • Such seal shall be officially and judicially noticed. 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. .

all provisions relating to local government elections shall cease to have force or effect. Councilors holding office immediately before the coming into force of this Act shall forthwith cease to hold office. Notwithstanding anything to the contrary contained in any written law.  All .

District Councils or Rural District Councils Members of Town Boards or Local Councils • • • . “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.• For the purpose of this section.

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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 .

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

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 . By resolution and with the consent of the State Authority.

commercial and industrial undertakings.  . With the approval of the State Authority. for the purpose of carrying out any development for residential. Local Authority may.

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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.

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. lay out or set apart new public places • Widen. construct. A local authority may: • Make. open. houses or buildings which are required for any such purpose or which are injuriously affected thereby .

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let. rooms or building kept for public refreshment. shops. maintain. houses. lodging houses. A local authority shall have power to do all or any of the following things namely: • To establish. showboards. tables. litter. and to control the occupation and use thereof • To license temporary buildings. control and manage markets buildings. barrows. erect. set up or used for the sale or exposing for sale . stalls. stalls and stands. whether stationary or otherwise. tricycles or other receptacles. maintain and carry out such sanitary services for the removal and destruction of or otherwise dealing with rubbish. dead animals and all kind of refuse and effluent • To establish. carts.

a local authority shall not make.  . amend or revoke any by-laws in respect of sewage. Notwithstanding any other provision in this Act. Local Authority may from time to time make. amend or revoke by-laws for the better carrying out of the provisions.

. 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. he may by notice in writing require the owner thereof to carry into effect all or any of the following things: • the removal. 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.

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amend and revoke by-laws.Protective and enforcement services  Local Authority may from time to time make.  . rule or regulation may prescribe fees and charges for any matter or thing required or authorized to be done thereunder. Any by-law.

 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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29 & 30. December 6. Syed Othman HMP. 1978 Raja Azlan Shan.an injunction to stop the building owner operates a restaurant business in it Local Government Act 1976.[1979] 2 MLJ 127 Federal Court . 1978  Issue: Renovation of the building without approval from the local authorities . HB (Malaya).Civil Appeal No. section 80. Chang Min Tatt HMP. .

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. . Appellant's appeal is approved. it is clear the local authority has the right to take legal action to using his own name for stop a public nuisance. Such action is essential to preserve the public interest. Result: Federal Court ruled that Under section 80 of the Local Government Act 1976.

02-728-93 Anuar HB (Malaya).[1997] 1 MLJ 394 Federal Court . Mohd Azmi HMP. 1996. . section 65.Local Government Act 1976. Wan Yahya HMP October 4.whether the action Petaling Jaya Municipal Council is valid .Civil Appeal No.  Issue: Temporary road closure .

Not only cause obstruction to traffic. . action of the respondents (to closed some road as a night market area night) is illegal. and even pose a threat to affect the enjoyment of health and population premises along the road. the respect of road users. Result: Approve the appeal of appellant. Court decided that the action of the respondents express ultra vires the Act and contrary to civil rights. the Court Federation ruled that although in this case is made only for temporary closure time and involves a part of the road.

History Chronology Flow Chart of Town and Country Planning in Peninsular Malaysia .

COMMITEE OF ASSESSORS 1801 SANITARY BOARD ENACTMENT 1890 TOWN IMPROVEMENT ENACTMENT 1917 TOWN PLANNING ENACTMENT 1923 Cont… .

TOWN PLANNING ENACTMENT 1927 SANITARY BOARDS ENACTMENT 1935 TOWN BOARDS ENACTMENT CAP 137 TOWN AND COUNTRY PLANNING ACT. 1976 (ACT 172) .

Sarawak and the Federal Territory of Kuala Lumpur enforce their own sets of planning legislation. 1976 [Act 172] is enacted pursuant to Clause (4) of Article 76 of the Federal Constitution. Applies to Peninsular Malaysia The states of Sabah. Town and Country Planning Act.    . Town and Country Planning Act. It was amended 4 times over the years from 1993 to 2007. 1976 contains 9 Parts with 59 Sections originally.

1976 [Act 172] .History Chronology Flow Chart of amended Town and Country Planning Act.

. Town and Country Planning Act (Amendment) 1995 [Act A933] • amended to address the rapid development that neglects the importance of environmental conservation with regards to tree preservation order.Town and Country Planning Act (Amendment) 1993 [Act A866] • amended by inserting a provision concerning sewerage activities.

Town and Country Planning Act (Amendment) 2001 [Act A1129] • amended to address problems arisen in the property sector and to enable Federal Government to play its role pertaining to town and country planning issues which was in line with the cooperative spirit under the Federal Constitution. Town and Country Planning Act (Amendment) 2007 [Act A1313] • amended by inserting a provision concerning the management of controlled solid waste and public cleansing. .

Relationship Authority Structure in the Planning Town and Country .

National Physical Planning Council State Planning Committee Local Planning Authorities • Ministry of Housing and Local Government • Federal Department of Town and Country Planning Peninsular Malaysia • Town and Country Planning State Department • Local Authorities .

Minister responsible for town and country planning. housing and local government. Not more than seven members to be appointed by the Prime Minister. Prime Minister 2. and land 4. Minister of Finance 5. . Deputy Prime Minister 3. Chief Minister of every state and Minister for Federal territory 6.Membership 1.

planning efforts to achieve objects may be held 2. every government agency responsible in development plans automatically is assigned to implement the plan 4. Ratings To know the effect of implementation of a program or development of the society who are being targeted . Planning By socio-economic planning. it provide ways to achieve the objectives contained in the public policy within a specified period of time 3. Implementation At the implementation level. Policymaking With a draft of the policy. Coordination To provide communications and relationship between the various agencies involved in the implementation of development programs and projects 5.Function: 1.

10. 2. State Director of Environment Not more than four members appointed by state authority * from members of State Executive Council . 5. 9. 7. Not more than tree members to be appointed by state authority* State Secretary State Director State Director of Lands and Mines State of State Economic Planning Unit State Director of Public Works State Legal Advisor State Financial Officer State Development Officer 12.Membership 1. 6. 4. 11. 8. 13. Chief Minister Deputy chairman* 3.

 Advise the State Government on matters in above  Undertake. 1976)  Promote the preservation. use and development of all lands in the state. assist and promote the information and methodology to town and country planning .Function (Sec 4(4) Town and Country Planning Act.

. and monographs. and other posts in relation to town and country planning and methodology. 1976)    Regulate.Function (Sec 6(1) Town and Country Planning Act. assist and encourage the collection. and publication of statistics. Perform any other duties imposed upon it from time to time by the State Authority or by the State Planning. maintenance. Undertake. bulletins. control and plan the development and use of all land and buildings within the area.

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(1994) 2 MLJ 297 High Court (Johor Bahru) .whether the applicants have locus standi.Originating Summons No 24 -121-94 Haidar. . H.whether the project is not valid because of conflict with the Town and Act 1976 . 28 April 1994  Issue: Project of floating city .

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. The Court also stressed that even possible violation of Town and country Planning Act. Ltd. 1976 (Act 172). Therefore. . plaintiffs have no right to examine or check the contents. Result The High Court decided that the agreement made between the first defendant (the Johor State Government) with the second defendant (Johor Coastal PT.) is not a public document.

Meaning of by-laws:  Subsidiary legislation  Under provision of parent Act or Ordinance  Made by government departments or units  These departments/ units have their own tribunal/ court to handle by-laws .

.Function  to regulate all activities with the area of local authority’s jurisdiction so that good governance could be emplaced.

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. amend and revoke by-laws in respect of all such matters as are necessary or desirable for the maintenance of the health. Local authority may from time to time make. safety and well-being of the inhabitants or for the good order and government of the local authority area.

 Any by-law. rule or regulation made by a local authority may prescribe fees and charges .

rule or regulation shall not have effect until confirmed by the State Authority published in the Gazette . Every • • by-law.

by by-law. Local authority may. 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 not exceeding RM200 for each day . rule or regulation prescribe for the breach of any by-law.

2. 200 Market (Federal Territory of Putrajaya) ByLaws. Public Housing (Federal Territory of Kuala Lumpur) By-Laws.Enforced by City Councils: 1. 2003 .

Enforced by Municipal Council 1. 2. Food Handlers (Ipoh Municipal Council) ByLaw 1981 Public Toilet (MPAJ) 2005 .

1986 Vandalism (Tampin District Council) By-Laws 1991 .Enforced by District Council 1. 2. Garbage Throwing And Disposal (Pontian District Council) By-Laws.

1982 .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.

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