Local Government Act 1976 [Act 171]

Part XIII   cite [+]

BY-LAWS

102 General power to make by-laws   cite [+]

In addition to the powers of making by-laws expressly or impliedly conferred upon it by any other provisions of this Act every local authority may from time to time make, amend and revoke by-laws in respect of all such matters as are necessary or desirable for the maintenance of the health, safety and well-being of the inhabitants or for the good order and government of the local authority area and in particular in respect of all or any of the following purposes:

(a) to regulate the form in which all estimates, budgets, statements, returns, or other accounts of the local authority shall be drawn up and kept;

(b) to regulate the repairing, cleaning, watering and lighting of streets, roads, canals and bridges;

(c) to regulate, license, restrict, prevent or remove the exhibition of advertisements;

(d) to regulate the planting, preservation and removal of trees, flowers and shrubs in public places;

(e) to provide for the protection from damage or interference of any local authority works or property situated or being in, under or over any public or private place within the local authority area;

(f) to provide for the establishment, regulation and management of any public park, walk, recreation and pleasure ground, garden, swimming pool, lake, stadium, historical building or site, public library, art gallery, museum, public theatre, restaurant, hall, assembly room, botanical or zoological garden or aquarium;

(g) to regulate within the local authority area the landing and temporary storage of goods upon public quays, wharves and streets, adjacent to any port, or any waterway connected therewith, and to fix the fees to be charged in respect of such temporary storage;

(h) to regulate any public sales held in any public place;

(i) to define the streets or areas within which shops, warehouses, factories or business premises may not be erected, or within which specified trades, businesses or callings may not be established or carried on;

(j) to regulate, license, supervise, restrict or prohibit the playing of musical instruments, singing or performing for profit, in any public place;

(k) to regulate the maintenance, distribution and use of any artificial light, gas or other energy that is supplied by the local authority;

(l) to provide for the establishment, maintenance, regulation and control of public transport services and to prescribe fares to be charged;

(m) to regulate fire brigades and to provide for the conditions of service, administration and discipline of all members thereof;

(n)

(i) to regulate, supervise and license trishaws and carts and to prescribe the rates or fares, whether by distance or time within or without the local authority area to be charged for such services, the number of passengers and the weights, dimensions, and nature of the loads to be carried and the mode of construction thereof;

(ii) to prescribe standards of medical and physical fitness and efficiency for the riders, drivers or haulers of trishaws or carts, as the case may be;

(o) to provide for the licensing of bicycles and tricycles;

(p) to provide for the establishment, regulation, inspection and licensing of places of entertainment, public recreation or public resort, and to make regulations governing the means of ingress to and egress from such places and for providing adequate parking space adjacent or in reasonable proximity thereto;

(q) to prohibit, restrict or regulate the transportation and quarrying of stone, lime, clay, sand or other material on any premises and the burning of lime and manufacture of bricks;

(r) to prohibit, restrict or regulate the use of any land as a pond for the keeping or breeding of fish;

(s) to control and supervise, by registration, licensing or otherwise, including in proper cases by prohibition, a trade, business or industry which is of an obnoxious nature or which could be a source of nuisance to the public or a class of the public;

(t) to provide for the offences under this Act and any by-laws which may be compounded by the local authority, the persons who may compound, the limit of the sum of money to be collected by such local authority for compounding such offences and the procedure and forms to be complied with in compounding; and

(u) in so far as they do not fall within any of the preceding paragraphs, to provide for all procedural and other matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.

102A By-law, etc., may prescribe fees and charges   cite [+]

Any by-law, rule or regulation made by a local authority may prescribe fees and charges for any matter or thing required or authorized to be done thereunder.

103 By-laws to be confirmed by State Authority   cite [+]

Every by-law, rule or regulation shall not have effect until it is confirmed by the State Authority and published in the Gazette.

104 Penalties for breaches of by-laws   cite [+]

A local authority may, by by-law, rule or regulation prescribe for the breach of any by-law, rule or regulation a fine not exceeding two thousand ringgit or a term of imprisonment not exceeding one year or to both and in the case of a continuing offence a sum not exceeding two hundred ringgit for each day during which such offence is continued after conviction.

105 Power to demand monetary deposits from applicants for permits   cite [+]

Where the local authority is empowered to make by-laws prohibiting, restricting or regulating the doing of any act and such bylaws require any person to obtain a permit from a specified authority before the doing of such act, such by-laws may provide for a deposit of such sum, or the execution of a bond with or without sureties in such sum, as may be prescribed in such by-laws, such sum to be refunded or such bond to be void, as the case may be, if the person to whom such permit is granted complies with all the conditions of such permit.

106 Publication of by-law, rule or regulation in the Gazette constitutes notice   cite [+]

The publication in the Gazette of any by-law, rule or regulation shall constitute sufficient notice of the by-law, rule or regulation and of the due confirmation by the State Authority of the same.


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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