Local Government Act 1976 [Act 171]

29 Standing orders for regulating proceedings of local authorities   cite [+]

Every local authority may, subject to the provisions of this Act, from time to time make standing orders for regulating its proceedings and those of any Committee thereof, for preserving order at its meetings or at the meetings of any Committee thereof and for regulating the duties of Councillors and the transaction of its affairs.

30 Extraordinary powers in case of emergency   cite [+]

The Commissioner of the City of Kuala Lumpur, Mayor or President, as the case may be, may direct the immediate execution of any work or the doing of any act for safety of life or property and may direct that the expenses thereof be paid out of the Local Authority Fund and shall report the same at the next meeting of the local authority.

31 Validity of acts of local authority officers   cite [+]

(1) All acts of the local authority or of any person acting as Mayor or President, Councillor, Secretary or any other officer of the local authority shall, notwithstanding that it be discovered that there was some defect in the appointment of any such person or that he was disqualified, be valid and effectual as if such person had been duly appointed and qualified.

(2) Nothing done under this Act shall be invalid by reason only that the number of Councillors in a local authority is less than the number prescribed.

32 Authentication and execution of documents   cite [+]

Every notice, order, warrant, licence, receipt or other similar document issued or requiring authentication by a local authority shall be deemed to be sufficiently authenticated without the common seal of the local authority if signed by the Commissioner of the City of Kuala Lumpur, Mayor or President, Secretary or by any other officer of the local authority duly authorized thereto by the Commissioner of the City of Kuala Lumpur, Mayor or President, as the case may be, or by any standing order or by-law of the local authority.

33 Exemption of Councillors, etc., from personal liability   cite [+]

No matter or thing done or omitted and no contract entered into by the local authority, and no matter or thing done or omitted by the Mayor or President, Councillor, officer or employee of the local authority or other person acting under the direction of the local authority, shall, if the matter or thing was done or omitted or the contract was entered into in good faith for the purposes of this Act or of any by-law in force in the local authority area, subject any such person or persons personally or jointly to action, liability, claim or demand whatsoever; and any expenses incurred by the local authority or any such person shall be paid by the local authority out of the Local Authority Fund.

34 Disability of Councillors for voting on account of interests in contracts, etc.   cite [+]

(1) If a Councillor has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the local authority or of any Committee thereof at which the contract or other matter is the subject of consideration, he shall, as soon as possible after the commencement thereof, disclose the fact, and shall withdraw from the meeting while the contract or matter is under consideration:

Provided that this section shall not apply to an interest in a contract or other matter which a Councillor may have as a ratepayer or inhabitant of the local authority area, or as an ordinary consumer of water, gas, electricity or other local authority services or to an interest in any matter relating to the terms on which the right to participate in any local authority service, including the supply of goods, is offered to the public.

(2) For the purposes of this section a Councillor shall be treated as having indirectly a pecuniary interest in a contract or other matter, if-

(a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or

(b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration:


Provided that this subsection shall not apply to membership of, or employment under, any public body.

(3) In the case of married persons the interest of one spouse shall, if known to the other, be deemed for the purpose of this section to be also an interest of that other spouse.

(4) A general notice given in writing to the Secretary by a Councillor to the effect that he or his spouse is a member or is in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, shall, unless the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract, or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.

(5) The Secretary shall record in a book to be kept for the purpose particulars of any disclosure made under subsection (1) and of any notice given under subsection (4), and the book shall be open at all reasonable hours to the inspection of any Councillor.

(6) If any Councillor fails to comply with subsection (1), he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding one year or to both and in addition the Court shall make an order of forfeiture in respect of any profit which have accrued or may accrue to him as a result of such interest.

(7) Any Councillor convicted of an offence under this section shall thereupon become disqualified from continuing to be a Councillor.

(8) Any Councillor disqualified under the provisions of subsection (7) shall not be capable of being appointed a Councillor for any local authority.

(9) A prosecution for an offence under this section shall not be instituted except with the sanction of the Public Prosecutor.

(10) For the purpose of this section "Councillor" includes a person appointed to any Committee of the local authority.

35 Restriction   cite [+]

No Councillor shall by himself or his partner or agent act in any professional capacity for or against the local authority of which he is a Councillor.

36 Contracts   cite [+]

(1) A local authority may enter into contracts necessary for the discharge of any of its functions provided that such contracts do not involve any expenditure in that year in excess of the sums provided in the approved annual estimates for the discharge of such functions unless such expenditure in that year authorized under section 56.

(2) All contracts made by the local authority or by a Committee thereof on behalf of the local authority shall be made in accordance with the standing orders of the local authority and in the case of contracts for the supply of goods or materials or the execution of works the standing orders shall require that-

(a) except as otherwise provided therein tenders shall be called for in such manner as may in such orders be prescribed; and

(b) no contract enduring for a longer period than the time elapsing between the making of such contract and the end of the financial year shall be made without the previous consent of the local authority.

37 Mode of executing contracts exceeding ten thousand ringgit   cite [+]

Every contract which involves the expenditure by the local authority of more than ten thousand ringgit shall specify-

(a) the work or duty to be done;

(b) the materials to be used;

(c) the price to be paid for such work, duty or materials;

(d) the time or times within which the work or duty is to be done or the materials are to be furnished; and

(e) the damages for breaches of the contract by the contractor,


and shall be sealed by the common seal of the local authority.

38 Employees not to be interested in contracts   cite [+]

No officer or employee of a local authority shall in any way be concerned or interested in any contract or work made with or executed for the local authority without the prior knowledge and consent of the local authority.


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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