Local Government Act 1976 [Act 171]

117 Recovery by instalments   cite [+]

(1) Where any sum is payable by any person to the local authority for any purpose under this Act the State Authority may permit such person to pay the said sum in instalments with interest thereon at such rate as the State Authority may determine.

(2) Upon default in payment of any instalment or interest upon the date appointed for payment thereof, the whole of the balance then outstanding of such amount, together with any interest in arrears, shall immediately become due and payable and, notwithstanding any change in the ownership or occupation of the premises, may be recovered by the same means and in like manner as an arrear of rates.

118 Compensation, damages and costs to be determined by courts of competent jurisdiction   cite [+]

Where compensation, damages, costs or expenses are disputed the amount and, if necessary, the apportionment of the same and any question of liability shall be summarily ascertained and determined by a court of competent jurisdiction.

119 General penalty   cite [+]

Every person who is guilty of any offence against this Act or any by-law, rule or regulation for which no penalty is expressly provided shall on conviction be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding one year or to both.

120 Local authority may direct prosecution   cite [+]

(1) The local authority may direct any prosecution for any offence under this Act or any by-law, rule or regulation and shall pay such expenses as may be incurred in such prosecution.

(2) Any advocate and solicitor authorized in writing by the local authority or any officer of the local authority may conduct any such prosecution.

121 Power of arrest   cite [+]

(1) Any officer of the local authority authorized by the local authority or any police officer may arrest without warrant any person who commits in his presence or whom he reasonably believes to have committed any offence under this Act or any bylaw, rule or regulation-

(a) if the name or address of the person is unknown to him and the person declines to give his name and address; or

(b) if there is reason to doubt the accuracy of the name or address.


(2) A person arrested under this section shall be detained and shall be brought before a Magistrate's Court within twenty-four hours unless his name and address are sooner ascertained.

122 Books of local authority to be prima facie evidence of sums due   cite [+]

The books and registers of any local authority and any extracts therefrom certified by the Secretary or any other officer authorized thereto by such local authority shall, in any proceedings for the recovery of any fee, or charge payable under this Act or under any by-law, rule or regulation, be prima facie evidence of the amount so due.

123 Liability for acts and omissions   cite [+]

For the purposes of any prosecution for an offence under this Act or under any by-law, rule or regulation-

(a) whenever any agent or employee in the course of his employment does or omits to do an act the doing or omission to do which by his principal or employer would be an offence, such agent or employee shall be guilty of that offence, and his principal or employer and any person who at the time of the act or omission was in charge of the business in respect of which the act or omission occurred shall also be guilty of that offence unless such principal or employer or other person, as the case may be, proves to the satisfaction of the Court that having regard to all the circumstances he took all reasonable means and precautions to prevent such act or omission;

(b) where any offence has been committed by any body corporate, any person who at the time of the commission of such offence was a director, general manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that having regard to the nature of his functions in that capacity and to all the circumstances he took all reasonable means and precautions to prevent the commission of the offence.

124 Public Authorities Protection Act 1948   cite [+]

The Public Authorities Protection Act 1948 [Act 198], shall apply to any action, suit, prosecution or proceeding against any local authority or against any Councillor, officer, employee, servant or agent of any local authority in respect of any act, neglect or default done or committed.

125 Protection of Councillors, officers and employees from personal liability   cite [+]

(1) No matter or thing done and no contract entered into by the Commissioner of the City of Kuala Lumpur or by the Mayor or President, Councillor, officer or employee of the local authority or by any person acting under the direction of a local authority shall, if the matter or thing was done or the contract was entered into bona fide for the purpose of carrying out the provisions of this Act or of any by-laws, rules, or regulations subject him personally to any action, liability, claim or demand whatsoever.

(2) Any expense incurred by the Commissioner of the City of Kuala Lumpur, Mayor or President, Councillor, officer or employee or person under subsection (1) shall be borne and paid out of the Local Authority Fund.

126 Officers to be public servants   cite [+]

The Commissioner of the City of Kuala Lumpur, Mayor or President, Councillor, officers or employees of every description shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


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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