of Reforms of LG in

Malaysia
© Fairuz Hidayat Merican, 2017
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Contents:

3.1 – Legal provisions relating to LG

3.2 – Main provisions of Act 171
3.3 – Main provisions of Act 172
3.4 – Main provisions of Act 133
3.5 – Local Ordinances in Sabah & Sarawak
3.6 – Definition of by-laws
3.7 – By-laws in Malaysia
3.8 – Challenges in enforcing by-laws
Federal Constitution

• Item 4 of the State List

• 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:

Admin of Local Authorities

General Financial Provisions;

Food, Markets, Sanitation & Nuisances

Further Powers of Local Authorities

 Part II
Administration of Local Authorities

Section 3:

Declare any area to be LA area;

Assign name to LA area;

Define boundaries of LA area;

Determine the status of local authority.

 Part II
Administration of Local Authorities

Section 4:

Change the name of LA area;

Change the status of LA area;

Alter boundaries of LA area;

 Part II
Administration of Local Authorities

Section 5:

Two or more LA may be merged together;

Referred to as one local authority;

*State Authority consults

Minister & Secretary of EC
 Part II
Administration of Local Authorities

Section 10:

LA shall consist of a Mayor or President;

Not less than 8 and not more than 24 Councilors;

Appointed by State Authority;

Wide experience in LG affairs or achieved

distinction in any profession, commerce or
industry;
 Part II
Administration of Local Authorities

Section 10:

Term of office: not more than 3 years;

Seat vacant in the event of resignation,

disqualification or appointment revoked;

Eligible for reappointment upon expiry of term of

office.
 Part V
General Financial Provisions

Section 39:

Revenue of local authority:

Taxes, rates, rents, license fees, dues;

Charges/profits from any trade/services;

Interest on investment & income from property;

Revenue from other Fed/State/other LA.

 Part IX
Food, Markets, Sanitation & Nuisances

Section 72 (Powers):

Establish, maintain & carry out sanitary services;

Establish, erect, maintain, let, control & manage

markets & market buildings, lodging houses,
houses, rooms or buildings kept for public
refreshment, shops, stalls & stands;

To license temporary buildings, stalls, tables,

show boards, barrows, carts, tricycles or other
receptacles;
 Part IX
Food, Markets, Sanitation & Nuisances

Section 72 (Powers):

Establish, erect & maintain public lavatories,

closets & urinals, either above or below ground,
in any public place;

To safeguard & promote the public health & to

take all necessary & reasonably practicable
measures.
 Part XII
Further Powers of Local Authority

Section 101:

To erect, maintain & keep in repair buildings as

may be required for local authority purposes &
for the accommodation of local authority staff;

To plant, trim or remove trees;

To execute works of such general advantage to

the inhabitants of the local authority area;
 Part XII
Further Powers of Local Authority

Section 101:

To arrange for the lighting of public streets &

public places;

To establish & maintain an ambulance service;

To do all things necessary for or conducive to the

public safety, health & convenience.
3.3 – Main Provisions of
Act 172

Town and Country Planning Act

1976
9 Parts, 59 Sections
 Part II
Policy and Administration

Section 2A:

Establish the National Physical Planning Council;

Consists of: PM, DPM, MoF, minister for housing

& LG, minister responsible for land, Federal
Territories minister, Menteri Besar/Chief Minister
of each state & not more than 7 other members.
Functions of the NPPC:

To promote town & country planning as an

effective & efficient instrument to improve the
physical environment & towards sustainable
development;

Advise the Fed/State Govt on matters relating to

the town and country planning required under
this Act;

Perform any other functions conferred upon the

Council under this Act.
Section 4: Establish the State Planning Committee;

Functions:

Promote the conservation, use & development of all

lands in the State;

Regulate, control, plan & coordinate all development

activities in the State;

Advise the State Govt, on matters relating to the

conservation, use & development of land;

To undertake, assist in & encourage the collection,

maintenance and publication statistics, bulletins &
monographs.
Section 5 & 6:

Creation & functions of the local planning

authorities.

Section 6A:

Creation & functions of the Regional Planning

Committee.
 Part III
Development Plans

Section 7:

The State Director shall examine matters that

may affect the development or planning of the
development of the State;

The State Director may initiate fresh survey of

the whole State.
 Part III
Development Plans

Matters to be examined:

The principal physical, economic, environmental,

& social characteristics, of the State;

The size, composition, & distribution of the

population of the State;

Such other matters as may be prescribed or as

the Council or Committee may in any particular
case specify.
 Part IV
Planning Control

Section 18 (Use of land & buildings):

No person shall use or permit to be used any

land or building otherwise than in conformity with
the local plan;

Does not apply to Section 19(2)(d).

 Part IV
Planning Control

Section 19(2)(d):

The use of any land or building for a period not

exceeding 1 month, the local planning authority
may allow for purposes of:

Temporary/mobile cinema, theatre;

Temporary amusement park/fair/expo;

Temporary religious/cultural ceremony.

3.4 – Main Provisions of
Act 133

Street, Drainage and Building Act

1974
8 Parts, 133 Sections
 Part II
Streets

Section 4
Maintenance & repair of public streets:

Paved, metalled, flagged, channelled, drained,

kerbed, lighted or otherwise improved, and the
surface thereof to be raised, lowered or altered;

Place on the sides of such footways fences &

posts as are needed for the protection of foot
passengers;

Provide street lighting.

 Part II
Streets

Section 5
Power to make & improve streets:

Lay out and make new streets and back-lanes;

Build and construct bridges and tunnels;

Turn, divert, discontinue or stop up any public

street;

Widen, open, enlarge or otherwise improve

any public street.
 Part III
Drains

Section 51
LA may recover cost for drains:

Paid by the frontagers when completed;

Developers to pay deposit to LA for improving

drains before developing the area;

Frontager & developer may appeal the payment to

State Authority whose decision will be final.
 Part V
Buildings

Section 70
Notice of new buildings:

No person shall erect any building without the

prior written permission of the LA;

Submission of plans & specifications to the LA &

statutory agencies.
 Part V
Buildings

Section 85
The owner or the occupier of any building or any part
thereof to which the public has access shall:

Regularly clean & keep clean & in good repair

such building or part thereof;

Keep such building or part thereof free of any

condition which may endanger the life or health of
his employees, members of the public & other
users thereof.
3.5 – Local Ordinances in
Sabah

Local Government Ordinance 1961

 Part II
Establishment of Local Govt Authorities

Section 3
Establishment of Authorities:

The YDPN may establish such District Councils,

Town Boards, or Municipal Councils in any part of
Sabah as he may think necessary for the
purposes of LG.
 Part II
Establishment of Local Govt Authorities

Section 7
Incorporation of Authorities:

Every Authority shall be a body corporate having

perpetual succession & a common seal & shall be
capable of suing and being sued in its corporate
title & of purchasing, holding & selling property .
 Part III
Composition of Authorities

Section 10
Qualification of appointed members:

Malaysian citizen;

Ordinarily resident in Sabah for the 10 years

preceding the date of his appointment;

Currently a resident or has his normal place of

employment in a LA area;

A resident or has his normal place of employment

in a LA area for the past 12 months.
3.5 – Local Ordinances in
Sarawak

Local Authorities Ordinance 1996

 Part II
Constitution of Local Authorities

Section 3

The YDPN may by Order:

Declare any area in the State to be a LA area;

Constitute a local authority to administer that LA

area;
Assign a name to the LA area;
Define the boundaries of that LA area;
Determine the status of that LA area as a City
Administration, MC or DC.
 Part II
Constitution of Local Authorities

Section 5 (General Powers)

LA shall have & shall exercise only such powers

within its area of jurisdiction as may be expressly
conferred by this Ordinance & under any other
written laws;

The exercise of power shall be subject to the

provisions of, & the restrictions contained in this
Ordinance or such other written laws.
 Part III
Composition & Organization

Section 10 Administration of Kuching City:

Commission of the City of Kuching North &

Council of the City of Kuching South;

Mayor;

Deputy Mayor;

No less than 8 and not more than 25 Councillors.

 Part III
Composition & Organization

Section 11 Municipal Council:

Chairman;

Deputy Chairman;

No less than 8 and not more than 25 Councillors.

 Part III
Composition & Organization

Section 11 District Council:

Chairman;

Deputy Chairman;

No less than 6 and not more than 24 Councillors.

Definitions:
• LG by-laws are public regulatory laws which apply in
a certain area;
• A rule or law established by an organization or
community to regulate itself, as allowed or provided
for by some higher authority;
• A by law is a made by a non-sovereign body, which
derives its authority from another governing body &
can only be made on a limited range of matters.
Principles in making by-laws:
 It must not exceed the power under which it is
made;
 Must not operate retrospectively;
 Must not impose a tax;
 Must not infringe personal rights in an
unreasonable way;
 Consistency with other legislation applying in the
area;
Principles in making by-laws:
 No unreasonable burdens imposed on the
community;
 No restriction of competition (unless benefits
outweigh detriments);
 No duplication, or overlap, with other legislation;
 Consistency with the basic principles of justice and
fairness;
 Plain expression and in gender neutral language.
Act 171:
• Provided under Part XIII, Section 102-106;
• Also under Part IX, Section 73;
• Section 102:
 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;
Act 171:
• Section 103:
 Every by-law, rule or regulation shall not have
effect until it is confirmed by the State
Authority and published in the Gazette.

• 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.