Documente Academic
Documente Profesional
Documente Cultură
Malaysia
© Fairuz Hidayat Merican, 2017
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Contents:
• Article 76 (4)
• Article 95A
• Article 95D
• Article 95E
Legal Provisions
Act 171
Act 172
Act 133
Local Government
Ordinance 1961
Local
Authorities
Ordinance 1996
16 Parts, 166 Sections, 2 Schedules
Selected Main Provisions:
Section 3:
Section 4:
Section 5:
Section 10:
Section 10:
Section 39:
Section 72 (Powers):
Section 72 (Powers):
Section 101:
Section 101:
Section 2A:
Functions:
Section 6A:
Section 7:
Matters to be examined:
Section 19(2)(d):
Section 4
Maintenance & repair of public streets:
Section 5
Power to make & improve streets:
Section 51
LA may recover cost for drains:
Section 70
Notice of new buildings:
Section 85
The owner or the occupier of any building or any part
thereof to which the public has access shall:
Section 3
Establishment of Authorities:
Section 7
Incorporation of Authorities:
Section 10
Qualification of appointed members:
Malaysian citizen;
Section 3
Mayor;
Deputy Mayor;
Chairman;
Deputy Chairman;
Chairman;
Deputy Chairman;
• Section 104:
Fine not exceeding RM2000 or imprisonment
of not more than 1 year or both;
Fine not more than RM200 per day for offence
committed after convictions.
Local Government Ordinance
1961:
• Provided under Part VI, Section 50-52;
• Section 50:
Every Authority may, subject to the approval
of the Minister, make by-laws for the carrying
into effect & for the purposes of any function
conferred on it by virtue of this or any other
written law;
By-laws made under the provisions of this
section may be made to apply to the whole of
the area of an Authority or any part thereof.
Local Government Ordinance
1961:
• Section 50A:
The Minister may make by-laws in respect of
any matter enumerated in Section 49 for the
purpose of promoting uniformity of by-laws of
two and more Authorities.
Local Government Ordinance
1961:
• Section 51:
No by-law shall be made by an Authority until
it has been deposited at the office of the
Authority for inspection & a notice has been
published in the Gazette.
Local Government Ordinance
1961:
• Section 52:
Fine not exceeding RM20,000 or
imprisonment of not more than 1 year or both;
Fine not more than RM500 per day for offence
committed after convictions.
Local Authorities Ordinance
1996:
• Provided under Part VIII, Section 91-96;
• Section 91:
LA may from time to time make, amend &
revoke by-laws in respect of all such matters
for the maintenance of the health, safety &
well-being of the inhabitants or for the good
order & govt of the LA area;
Local Authorities Ordinance
1996:
• Section 92:
Every by law under this Ordinance shall not
have effect until it is approved by the YDPN
and published in the Gazette.
• Section 93:
The YDPN may make, amend or revoke any by
law for any local authority, & such bylaw,
amendment or revocation shall come into
effect on such date or dates as may be
specified or provided for in such by laws.
Local Authorities Ordinance
1996:
• Section 94:
Fine not exceeding RM5000 or imprisonment
of not more than 1 year or both;
Fine not more than RM200 per day for
offences committed after conviction.
Challenges:
There is lack of cooperation by the public in
supporting by laws. This could be due to negative
perception by the public that local government is
not an important institution;
There are lack of enforcement staff in the council
to enforce by laws;
Some by laws are outdated and irrelevant in the
present age and there is a need to amend them;
Challenges:
There is the issue of safety of the enforcement
officers due to the unruly behaviour of some of
the residents. Some enforcement officers have
been hurt and victimised by those convicted of
any by laws;
There is also the perennial problem of back log of
cases in the Courts and this could hamper the
effectiveness of having by laws in the first place.