Local Government Act 1976 [Act 171]

Part II   cite [+]

ADMINISTRATION OF LOCAL AUTHORITIES

3 Declaration and determination of status of local authority areas   cite [+]

For the administration of local government under this Act, the State Authority, in consultation with the Minister and the Secretary of the Election Commission, may by notification in the Gazette-

(a) declare any area in such State to be a local authority area;

(b) assign a name to such local authority area;

(c) define the boundaries of such local authority area; and

(d) 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.

4 Change of name and status, and alteration of boundaries   cite [+]

(1) The State Authority, in consultation with the local authority, may by notification in the Gazette change the name of any local authority area.

(2) The State Authority, in consultation with the Minister and the local authority, may by notification in the Gazette change the status of a local authority area.

(3) The State Authority, in consultation with the Minister and the Secretary of the Election Commission, may by notification in the Gazette alter the boundaries of any local authority area.

5 Merger of two or more local authorities   cite [+]

(1) The State Authority may by order published in the Gazette declare that with effect from such date as may be specified in the order two or more local authorities mentioned in the order shall be merged and the local authorities so merged shall thenceforth be referred to as one local authority to be known by such name as may be designated, and shall be administered by a local authority as may be specified, in the said order.

(2) Before making an order under subsection (1) the State Authority shall consult the Minister and the Secretary of the Election Commission.

6 Succession of rights, liabilities and obligations   cite [+]

All rights, liabilities and obligations relating to any matter which immediately before the establishment of the local authority under section 3 or merger of the local authorities under section 5 were the responsibility of the Local Council, Town Board, Town Council, District Council, Rural Board, Municipal Council, City Council or Board of Management, as the case may be, shall upon such establishment or merger devolve upon the local authority and in any legal proceedings pending on the date of the establishment or merger there shall be made such substitution of one party for another as may be necessary to take account of any transfer of the rights, liabilities or obligations as aforesaid; and for the removal of any doubt it is hereby declared that all officers and servants of the Local Council, Town Board, Town Council, District Council, Rural Board, Municipal Council, City Council or Board of Management, as the case may be, shall upon such establishment or merger become officers and servants of the local authority.

7 Extension of this Act to non-local authority areas   cite [+]

(1) The State Authority may from time to time by notification in the Gazette apply, with such modifications as shall seem fit, any of the provisions of the this Act or any by-laws to any area situate in the State which is not comprised in whole or in part within any local authority area and thereupon all such provisions and by-laws as are specified in such notification shall, subject to such modifications as aforesaid, come into force within the area to which the same have been applied.

(2) Where under subsection (1) any of the provisions of this Act or any by-laws have been applied to any area, the State Authority may by notification in the Gazette appoint any person or persons, either by name or office, to exercise and perform within such area all or any of the powers and duties which are by this Act or by any by-laws conferred or imposed on the local authority or on any of its officers.

8 Administration of local authority areas   cite [+]

The affairs of every local authority area shall be administered by a local authority established by and in accordance with this Act:

Provided that where in the application of this Act to the Federal Territory there is any conflict between the provisions of this Act and the Federal Capital Act 1960, or the regulations made thereunder, the provisions of the Federal Capital Act 1960, shall prevail.

9 Power of State Authority to issue directions   cite [+]

(1) The State Authority may from time to time give the local authority directions of a general character, and not inconsistent with the provisions of this Act, on the policy to be followed in the exercise of the powers conferred and the duties imposed on the local authority by or under this Act in relation to matters which appear to the State Authority to affect the interests of the local authority area, and the local authority shall as soon as possible give effect to all such directions.

(2) The local authority shall furnish the State Authority with such returns, accounts and other information with respect to the property and activities of the local authority as the State Authority may from time to time require.

10 Councillors   cite [+]

(1) The local authority shall consist of-

(a) the Mayor or President; and

(b) not less than eight and not more than twenty-four other Councillors,


to be appointed by the State Authority.

(2) Councillors of the local authority shall be appointed from amongst persons 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, commerce or industry, or are otherwise capable of representing the interests of their communities in the local authority area.

(3) The term of office of each Councillor shall not exceed three years.

(4) The seat of a Councillor shall become vacant in the event of his resignation being accepted, if he is disqualified under subsection 34(7) or if his appointment is revoked by the State Authority.

(5) On a vacancy occurring in the seat of a Councillor, the Mayor or President shall immediately notify the State Authority.

(6) A Councillor shall be eligible for reappointment upon the expiry of his term of office.

(7) If the Mayor or President does not agree with the other Councillors as to the exercise of any of his powers or of the powers of the local authority, he shall refer the matter to the Menteri Besar or Chief Minister of the State whose decision hereon shall be final and binding on the local authority.

(8) The Mayor or President may grant leave of absence to the Councillors for such period and upon such terms as the State Authority may determine.

(9) Each Councillor and any person appointed to any committee under section 28 shall be paid such salaries or may be paid such allowances as the State Authority may determine.

11 Declaration by Councillor before assuming office   cite [+]

A Councillor shall not act in the office of Councillor unless he has made and subscribed before a local authority a declaration of acceptance of office in Form A of the First Schedule hereto and such declaration shall be free from stamp duty.

12 Councillors exempt from service as assessors or jurors   cite [+]

No Councillor shall be liable to serve as assessor or as juror.


Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.

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