(1) This Act may be cited as the Local Government Act 1976, and shall apply only to Peninsular Malaysia.
(2) This Act shall come into force in a State on such date as the State Authority may, after consultation with the Minister, appoint in relation to that State by a notification in the Gazette and the State Authority may, after consultation with the Minister, appoint different dates for the coming into force of different provision of this Act and may bring all or any of the provisions thereof into force either in the whole State or in such part or parts of the State as may be specified in the notification.
(3) Notwithstanding subsection (2), in relation to the Federal Territory, this Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.
(4) The State Authority may, notwithstanding subsection (2), by notification in the Gazette exempt any area within any local authority area from all or any of the provisions of the Act or from any by-laws.
(5) Where in any notification made under subsection (2) it is specified that part or parts of this Act shall come into operation, the State Authority may specify in the same notification the provisions of any of those laws referred to in section 166 which shall be repealed.
In this Act, unless the context otherwise requires-
"annual value" means the estimated gross annual rent at which the holding might reasonably be expected to let from year to year the landlord paying the expenses of repair, insurance, maintenance or upkeep and all public rates and taxes:
(a) in estimating the annual value no account shall be taken of any restrictions or control on rent in so far as it limits the rent which may be required by a landlord or recovered from a tenant of a holding;
(b) in estimating the annual value of any holding in or upon which there is any machinery used for any or all of the following purposes:
(i) the making of any article or part of an article;
(ii) the altering, repairing, ornamenting or finishing of any article;
(iii) the adapting for sale of any article,
the enhanced value given to the holding from the presence of such machinery shall not be taken into consideration, and for the purposes of this paragraph "machinery" includes steam engines, boilers or other motive power belonging to such machinery;
(c) in the case of any land-
(i) which is partially occupied or partially built upon;
(ii) which is vacant, unoccupied or not built upon;
(iii) with an incomplete building; or
(iv) with a building which has been certified by the local authority to be abandoned or dilapidated or unfit for human habitation,
the annual value shall be, in the case of subparagraph (i), either the annual value as hereinbefore defined or ten per centum of the open market value thereof at the absolute discretion of the Valuation Officer, and in the case of subparagraphs (ii), (iii) and (iv) the annual value shall be ten per centum of the open market value thereof as if, in relation to subparagraphs (iii) and (iv), it were vacant land with no buildings thereon and in all cases the local authority may, with the approval of the State Authority, reduce such percentages to a minimum of five per centum;
(d) where in respect of any particular holding, in the opinion of the Valuation Officer, there is insufficient evidence to base a valuation of annual value upon, the Valuation Officer may apply such methods of valuation as in his opinion appears appropriate to arrive at the annual value;
"building" includes any house, hut, shed or roofed enclosure, whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, underground tank, staging, gate, post, pillar, paling, frame, hoarding, slip, dock, wharf, pier, jetty, landing-stage, swimming pool, bridge, railway lines, transmission lines, cables, redifussion lines, overhead or underground pipelines, or any other structure, support or foundation;
"by-laws" in relation to any local authority means any by-laws made by the local authority under any power in that behalf conferred upon such local authority by any of the provisions of this Act or in force by virtue of the provisions of this Act;
"City Council" means the Council of any Municipality which has been conferred the status of a City;
"Councillor" in relation to any local authority means any person appointed under this Act to serve on the local authority and includes the Mayor or President thereof;
"documents of title" means grants, leases of State land, certificates of title, qualified titles, entries in the Mukim register, mining leases or mining certificates and other documents evidencing title or registration of land kept by a Register of Titles or a Collector of Land Revenue;
"Health Officer" means the officer for the time being performing the duties of a Health Officer to a local authority and includes an Assistant Health Officer;
"holding" means any land, with or without buildings thereon, which is held under a separate document of title and in the case of subdivided buildings, the common property and any parcel thereof and, in the case of Penang and Malacca, "holding" includes messuages, buildings easements and hereditaments of any tenure, whether open or enclosed, whether built on or not, whether public or private, and whether maintained or not under statutory authority;
"improved value" of holding means the price that an owner willing, and not obliged to sell might reasonably expect to obtain from a willing purchaser with whom he was bargaining, for sale and purchase of the holding;
"improvements" in relation to a holding means all work done or material used at any time on or for the benefit of the holding by the expenditure of capital or labour by the owner or occupier thereof in so far as the effect of the work done or material used is to increase the value of the holding;
"land" includes things attached to the earth or permanently fastened to anything attached to the earth;
"local authority" means any City Council, Municipal Council or District Council, as the case may be, and in relation to the Federal Territory means the Commissioner of the City of Kuala Lumpur appointed under section 4 of the Federal Capital Act 1960 [Act 190];
"market" means any public place ordinarily used for sale of animals or of meat, fish, fruit, vegetables or other perishable articles of food for human consumption and for sale of any clothing or other merchandise and includes all land and premises in any way used in conjunction or in connection therewith or appurtenant thereto;
"Mayor" means the person for the time being lawfully performing the duties of the office of Mayor of a City Council and includes the Deputy Mayor;
"nuisance" means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing or which is or is likely to be injurious or dangerous to health or property or which affects the safety or the rights of the inhabitants at large;
"occupier" means the person in occupation of the premises in respect of which the word is used or having the charge, management or control thereof either on his own account or as agent of another person but does not include a lodger;
(a) in relation to any land or building, means the registered proprietor of the land and, if in the opinion of the local authority the registered proprietor of the land cannot be traced, the person for the time being receiving the rent of the premises in connection with which the word is used whether on his own account or as agent or trustee for any other person or as receiver or who would receive the same if such premises were let to a tenant; and
(b) in the case of subdivided buildings, includes the management corporation and any subsidiary proprietor;
"President" means the person for the time being lawfully performing the duties of the office of President of a Municipal Council or District Council and includes the Deputy President;
"public place" means any open space, parking place, garden, recreation and pleasure ground or square, whether enclosed or not, set apart or appropriated for the use of the public or to which the public shall at any time have access;
"rateable holding" means a holding which is subject to the payment of a rate made and levied under this Act;
"Secretary" means the Chief Administrative Officer appointed by the State Authority or any officer for the time being lawfully performing the duties of Chief Administrative Officer;
"sewage" has the same meaning assigned to it under the *Sewerage Services Act 1993 [Act 508];
"sky-sign" means any erection consisting of a frame, hoarding, board, bar, pillar, post, wire or any combination of such things, or any erection of a like nature, or any visible object which floats or is kept in position by wire or other flexible attachment, displayed for the purposes of trade or professional advertisement, in such a position as to be conspicuously
visible against the sky from any street or public place;
"State Authority" means,-
(a) in relation to the States of Peninsular Malaysia, the Ruler-in-Council or Governor-in-Council of a State and includes in Negeri Sembilan the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs; and
(b) in relation to the Federal Territory, the Minister charged with the responsibility for local government;
"street" includes any road, square, footway, passage or service road, whether a thoroughfare or not, over which the public have a right of way, and also the way over any bridge, and also includes any road, footway or passage, open court or open alley, used or intended to be used as a means of access to two or more holdings whether the public have a right of way over it or not, and all channels, drains and ditches at the side of any street shall be deemed to be part of such street;
"temporary building" means a building classified as a temporary building under the building by-laws;
"Valuation Officer" means any Valuation Officer appointed by the local authority;
"Valuation List" means a valuation list prepared under this Act.
*NOTE-This Act has been repealed by Water Services Industry Act 2006 [Act 655].