Local Government Act 1976 [Act 171]

Part III   cite [+]

OFFICERS AND EMPLOYEES OF LOCAL AUTHORITIES

16 List of offices   cite [+]

(1) The local authority shall, once in every year before or at the time of submission to the State Authority of the Local Authority Budget under section 55, submit to the State Authority for its approval a list of the offices which the local authority thinks necessary for the purpose of this Act with the salaries and allowances, if any, proposed to be attached to such offices respectively.

(2) Such list shall, when approved by the State Authority, continue in force until a new list is approved in like manner.

(3) The local authority may at any time submit to the State Authority for its approval any alterations and additions in and to such list, and such alterations and additions when approved shall have the same force as if they had been included in such list.

(4) The Commissioner of the City of Kuala Lumpur in the case of the Federal Territory, or the Mayor or President or his representative who shall be a Councillor, the Secretary and one other Councillor in the case of other local authorities, may appoint such persons to the offices shown on the list so approved and may reduce in rank or dismiss such persons from office and may appoint others in their stead:

Provided that the reduction in rank or dismissal from office of any Head of Department or his Deputy shall not take effect until such reduction in rank or dismissal has been confirmed by the State Authority:

Provided further that no officer or employee shall be reduced in rank or dismissed without being given a reasonable opportunity of being heard.

17 Power of local authority to provide for discipline, etc., of its officers   cite [+]

(1) A local authority may, with the approval of the State Authority, from time to time make rules for the purpose of maintaining good conduct and discipline among officers and employees and may impose any punishment upon any such officer or employee who is guilty of misconduct or breach of duty in the exercise of his official functions:

Provided that no punishment shall be imposed on any Head of Department or his Deputy without the prior approval of the State Authority.

(2) The local authority may suspend from duty any officer or employee who is accused of misconduct or breach of duty in the exercise of his official functions, and if such officer or employee while so suspended is removed from office there shall be paid to him in respect of the period of his suspension such portion only of the salary of his office not being less than one-half as the local authority may think fit.

(3) A local authority may, with the approval of the State Authority, from time to time make rules regulating the qualifications, tenure of office, duties and terms and conditions of service, including matters relating to maternity benefits, rest days, hours of work, overtime, holidays, leave, retrenchment and retirement benefits, of its officers and employees.

(4) This section shall have effect notwithstanding the provisions of the Employment Act 1955 [Act 265].

18 Superannuation or Provident Fund   cite [+]

(1) A local authority, with the approval of the State Authority, may make rules-

(a) for the establishment of a Superannuation or Provident Fund;

(b) for payments or other allowances on death, superannuation, resignation, retirement or discharge to persons who have been in the employment of the local authority; and

(c) for the contribution of moneys by the local authority for such Superannuation or Provident Fund.


(2) No payments or other allowances on death, superannuation, resignation, retirement or discharge made or granted to persons out of a Superannuation or Provident Fund nor the rights of any contributor acquired thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever.

(3) Any person may by a memorandum under his hand appoint a nominee or nominees of the moneys payable on his death out of a Superannuation or Provident Fund and may make provision for the appointment of a new nominee or new nominees of such moneys and for the investment thereof.

(4) The receipt of a nominee or nominees duly appointed or, in default of any such appointment, the receipt of the legal personal representative of a deceased person shall be a discharge to the local authority for any moneys payable on his death out of a Superannuation or Provident Fund.

(5) All Superannuation or Provident Funds duly established under the provisions of any written law repealed by this Act shall continue in full force and effect as if they had been established by rules made under this section but without prejudice to any rights accrued or liabilities incurred or to any act or thing done prior to such repeal.


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