LOCAL GOVERNMENT ACT 1976
(1) This Act may be cited as the Local Government Act 1976 , and shall apply only to West Malaysia.
(2) This Act shall come into force in a State on such date as the State Authority may, after consultation with the Minister, appoint in relation to that State by a notification in the Gazette and the State Authority may, after consultation with the Minister, appoint different dates for the coming into force of different provisions of this Act and may bring all or any of the provisions thereof into force either in the whole State or in such part or parts of the State as may be specified in the notification.
(3) Notwithstanding the provisions of subsection (2), in relation to the Federal Territory, this Act shall come into force on such date as the Minister may, by notification in the Gazette , appoint.
(4) The State Authority may, notwithstanding the provisions of subsection (2), by notification in the
In this Act unless the context otherwise requires:
"annual value" means the estimated gross annual rent at which the holding might reasonably be expected to let from year to year the landlord paying the expenses of repair, insurance, maintenance or upkeep and all public rates and taxes:
Provided that:
(a) in estimating the annual value no account shall be taken of any restrictions or control on rent in so far as it limits the rent which may be required by a landlord or recovered from a tenant of a holding;
(b) in estimating the annual value of any holding in or upon which there is any machinery used for any or all of the following purposes:
(i) the making of any article or part of an article;
(ii) the altering, repairing, ornamenting or finishing of any article;
(iii) the adapting for sale of any article,
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.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
Whole of Part II - section 3 to 15 [Deleted]
(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.
(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.
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 establishm
(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 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.
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.
(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.
(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 t
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.
No Councillor shall be liable to serve as assessor or as juror.
Every local authority shall be a body corporate and shall have perpetual succession and a common seal, which may be altered from time to time, and may sue and be sued, acquire, hold and sell property and generally do and perform such acts and things as bodies corporate may by law do and perform.
(1) The common seal of a local authority shall be in the custody of the Secretary and shall be authenticated by the signature of the Mayor or President, one Councillor and the Secretary.
(2) Such seal shall be officially and judicially noticed.
(1) Notwithstanding anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect.
(2) All Councillors holding office immediately before the coming into force of this Act shall forthwith cease to hold office.
(3) For the purpose of this section, "Councillors" means:
(a) Members of Boards of Management appointed under subsection 4(1) of the Local Government (Temporary Provisions) Act 1973 * [Act 124] ;
(b) Councillors or Commissioners of Municipal Councils;
(c) Councillors of Town Councils, District Councils or Rural District Councils; and
(d) Members of Town Boards or Local Councils.
* NOTE
The Local Government (Temporary Provisions) Act 1973 is repealed by the Local Government Act 1976 [Act 171] - see s.166
(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 Secre
(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 th
(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 the provision of 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
(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 hi
Every local authority shall provide an office within the local authority area for the transaction of business.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
Whole of Part IV - Section 19 to 38 delete except for section 28 and 32
Every local authority shall hold an ordinary meeting for the despatch of business on such days and at such hours as it may from time to time appoint but not less than once in every month.
(1) The Mayor or President may at any time and shall, at the request in writing of not less than one-third of the Councillors, call a special meeting of the local authority, and the day fixed for such meeting shall be within fourteen days of the presentation of such request.
(2) The notice of any special meetings shall specify the object of the meeting, and no other subjects than those specified in the notice shall be discussed at the meeting.
Notice of the time and place of every meeting of the local authority shall be served on every Councillor either personally or by leaving the same at his usual place of residence or at his business address not less than twenty-four hours before the meeting:
Provided that the accidental omission to serve a notice on any Councillor shall not affect the validity of any meeting.
All meetings of the local authority shall be open to the public and to representatives of the Press unless the local authority by resolution at the meeting otherwise decides:
Provided that this section shall not apply to any Committee of the local authority unless such Committee by resolution otherwise decides.
(1) The quorum necessary for the transaction of business at a special meeting of the local authority shall be one-half of the full number of its Councillors excluding any vacant seat and where the number of Councillors shall not be divisible by two then one-half of the next lower number.
(2) The quorum necessary for the transaction of business at an ordinary meeting of the local authority shall be one-third of the full number of its Councillors excluding any vacant seat and where the number of Councillors shall not be divisible by three then one-third of the next lower number divisible by three.
(3) If at any special or ordinary meeting of the local authority a quorum is not present, the meeting shall stand adjourned to such other day as the Mayor or President fixes, and the business which would have been brought before the original meeting, if there had been a quorum present, shall be brought before and transacted at the adjourned meet
(1) At every meeting of the local authority the Mayor or President or in his absence the Deputy Mayor or Deputy President if present shall preside as Chairman.
(2) If the Mayor or President and Deputy Mayor or Deputy President are absent from the meeting, the Councillors present shall elect one of their number to be Chairman of the meeting.
(1) Except as otherwise prescribed all questions coming before any meeting of the local authority shall be decided by a majority of the votes of the Councillors present.
(2) In case of an equality of votes the Chairman at the meeting shall have a second or casting vote.
(1) Every local authority shall cause to be duly made from time to time minutes of all proceedings of the local authority and of every Committee appointed by it, including the names of the Councillors present, and the names of all Councillors voting on any question for the decision of which a division is called.
(2) All minutes shall be confirmed and signed by the Chairman of the meeting.
(3) The minutes of all proceedings of the local authority shall be kept at the office of the local authority and shall at all reasonable times be open to the inspection of any Councillor or rate-payer of the local authority area and of any officer of the Government of the Federation or of the State in which such local authority area is situate, any of whom may at all reasonable times make a copy of any part thereof without fee:
Provided that the minutes of the proceedings of any Committee shall not be open to inspection by a rate-payer unless t
Every local authority may from time to time appoint Committees, either of a general or special nature, consisting of a Chairman and such number of Councillors and such other persons as the local authority may think fit, for the purpose of examining and reporting upon any matter or performing any act which in the opinion of the local authority would be more conveniently performed by means of a Committee, and may delegate to any Committee such powers, other than the power to raise money by rates or loans, as it may think fit, and may fix the quorum of any such Committee.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
Every local authority may from time to time appoint Committees, either of a general or special nature, consisting of a Chairman and such other persons as the local authority may think fit, for the purpose of examining an
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.
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.
(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.
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.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
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 President, Secretary
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.
(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 rate-payer 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 a
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.
(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 is 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
37 PART IV CONDUCT OF BUSINESS-37. Mode of executing contracts exceeding ten thousand ringgit.
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 PART IV CONDUCT OF BUSINESS-38. Employees not to be interested in contracts.
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.
39 PART V GENERAL FINANCIAL PROVISIONS-39. Revenue of the local authority.
The revenue of a local authority shall consist of:
(a) all taxes, rates, rents, licence fees, dues and other sums or charges payable to the local authority by virtue of the provisions of this Act or any other written law;
(b) all charges or profits arising from any trade, service or undertaking carried on by the local authority under the powers vested in it;
(c) all interest on any monies invested by the local authority and all income arising from or out of the property of the local authority, movable and immovable; and
(d) all other revenue accruing to the local authority from the Government of the Federation or of any State or from any statutory body, other local authority or from any other source as grants, contributions, endowments or otherwise.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2
40 PART V GENERAL FINANCIAL PROVISIONS-40. Local authority fund.
(1) All moneys received by the local authority by virtue of this Act or any other written law shall constitute a fund to be called the Local Authority Fund and shall, together with all property which becomes vested in the local authority, be under the direction and control of the local authority.
(2) All moneys received by the local authority in respect of the Local Authority Fund shall be lodged on current or deposit account with one or more banks licensed under the Banking and Financial Institutions Act 1989 [Act 372] .
(3) All orders or cheques against the said Fund shall be signed by two officers authorized in writing by the local authority.
(4) Any such moneys may be invested in any securities in which trustees are empowered to invest or in such other manner as authorized by the Minister of Finance.
41 PART V GENERAL FINANCIAL PROVISIONS-41. Power of local authority to raise loans.
(1) Subject to any other written law, a local authority may, by resolution and with the consent of the State Authority, from time to time raise by way of loans such amounts of money upon such conditions as the State Authority shall approve for any of the following purposes-
(a) to defray the expenses incurred or to be incurred for any of the following:
(i) the acquisition of land which the local authority is empowered to acquire;
(ii) the erection of any building which the local authority has authority to erect;
(iii) the execution of any permanent work, the provision or renewal of any plant or the provision or replacement of vehicles; and
(b) to pay off existing loans:
Provided that the loan shall not make the total indebtedness of the local authority to exceed five times the annual value as contained in the current Valuation List of the local authorit
42 PART V GENERAL FINANCIAL PROVISIONS-42. Power of local authority to issue mortgages or debenture stock and to make regulations in respect thereof.
(1) The local authority may secure all or any moneys which it is authorized to borrow under section 41 by mortgage or charge or by the creation and issue of debenture stock.
(2) The conditions of issue of mortgages, charges and debenture stock shall be:
(a) subject to the approval of the State Authority;
(b) declared at the time of such issue;
(c) entered in the register of such security,
and a printed copy of such conditions shall be supplied to every owner of such security requiring the same.
(3) The local authority shall make in respect of debenture stock issued by it under the provisions of this Act regulations providing for:
(a) the form of the prospectus to be issued;
(b) the form of such debenture stock or any of them;
(c) the establishment and maintenance in such form as may be pre
43 PART V GENERAL FINANCIAL PROVISIONS-43. Notice of trust, charge or other interest not receivable.
The local authority shall not be affected by notice, whether express, implied or constructive, of any trust, charge or other interest, legal or equitable, whereby any person other than the registered owner or owners for the time being may claim to be interested in or entitled to any security issued by the local authority.
44 PART V GENERAL FINANCIAL PROVISIONS-44. Securities to be trust investment.
(1) A trustee, executor or administrator may, unless forbidden by the will or other instrument under which he acts invest the trust funds in any security issued by a local authority under this Act or any other written law and may for that purpose call in any trust funds invested in any other securities.
(2) Where any local authority or statutory body is by law authorised or required to invest monies in the securities of the Government of the Federation, it may invest such monies in any securities issued by a local authority under this Act or any other written law.
45 PART V GENERAL FINANCIAL PROVISIONS-45. Remedies for default.
(1) If at any time any interest due on any loan other than stock borrowed by a local authority under this Act shall remain unpaid by the local authority for three months after demand therefor in writing has been lodged with the local authority by the person entitled thereto or by his duly authorised representative, application may be made by such person or his representative to the High Court for the appointment of a receiver of the property and revenue on which the loan is secured.
(2) On the hearing of such application the Court may make such order and give such directions as under the circumstances shall seem expedient for the raising and payment of the monies due, and, in particular, the Court may order that a rate or rates of such amount or amounts as it may fix be made and levied upon all rateable property within the local authority area, and such rate so ordered shall have the same incidence as any rate imposed by the local authority and
46 PART V GENERAL FINANCIAL PROVISIONS-46. Borrowing powers for special purposes.
(1) In addition to the powers of borrowing conferred upon a local authority by section 41 and subject to any other written law, a local authority may, for the purpose of carrying out any development for residential, commercial and industrial undertakings, raise by way of loan from any person such amounts of money at such rates of interest and upon such conditions as may be agreed upon between the local authority and that person with the approval of the State Authority.
(2) Any loan made to a local authority under the provisions of this section may be secured by a first mortgage or a first charge or by debentures upon the assets, and the revenues derived from the assets, in respect of which the money is borrowed but not upon any other assets or revenue of the local authority.
(3) The provisions of section 45 shall not apply to such loan or to any interest due thereon, but the mortgagee, chargee or debenture holder may exercise all such l
47 PART V GENERAL FINANCIAL PROVISIONS-47. Loans by Government
(1) Subject to any other written law, the Government of the Federation or of any State may, out of its revenue or other monies as may from time to time be set aside or appropriated for the purpose, grant loans to any local authority at such rates of interest and on such terms and conditions to be observed by the local authority obtaining such loan, in addition to those prescribed by law, as it shall think fit to impose.
(2) Where a local authority is unable to pay any money due in respect of any loan granted under this section, the Government of the Federation or of any State may, at any time after the expiry of sixty days from the date on which such money becomes due and payable, order that a rate or rates of such amounts as it may fix be made and levied upon all rateable property within the local authority area and such rate so ordered shall have the same incidence as any rate imposed by the local authority and may be enforced in like manner
48 PART V GENERAL FINANCIAL PROVISIONS-48. Loans to be first charge on revenue and assets.
Every loan granted under sections 41 and 47 shall, subject to any prior charge, be a first charge upon the revenues and assets of the local authority obtaining such loan.
49 PART V GENERAL FINANCIAL PROVISIONS-49. Advance by way of overdraft.
Subject to any other written law, a local authority may from time to time obtain from any bank advances by way of overdraft and any such overdraft shall, unless covered by fixed deposits with the same bank, require the approval of the State Authority:
Provided that all moneys so advanced by the bank and any interest thereon shall constitute a debt due by the local authority and shall be a charge on the property and revenues, present and future, of the local authority, and the provisions of subsection (2) of section 47 shall apply in all respects as if such advances were loans granted under section 47.
50 PART V GENERAL FINANCIAL PROVISIONS-50. Sinking fund.
The local authority shall establish a sinking fund or funds in respect of any loan raised by or granted to it and shall cause to be paid into such fund or funds such sums in every year to provide for the redemption of the loan or such sums as the State Authority may direct and the local authority shall not appropriate any sum from the sinking fund for any other purpose without the consent of the State Authority.
51 PART V GENERAL FINANCIAL PROVISIONS-51. State Authority may give directions as regards sinking fund.
The State Authority may in its discretion from time to time give directions to the local authority as to the manner in which the moneys in any such sinking fund shall or may be applied, invested or transferred to any other fund or to the general assets of the local authority.
52 PART V GENERAL FINANCIAL PROVISIONS-52. Renewal and insurance funds.
A local authority may from time to time provide for the annual setting aside of amounts to create :
(a) adequate renewal funds to provide for the entire or partial replacement of assets of the local authority which owing to depreciation or other cause need to be replaced at some future date; and
(b) insurance funds to cover risks or to provide for contingencies, the liability for which would otherwise have to be met by the local authority as and when such risks or contingencies fall due.
53 PART VI ACCOUNTS AND AUDIT-53. Accounts to be kept.
The local authority shall cause proper books and accounts to be provided and true and regular records to be entered therein of all transactions of the local authority and such books and accounts shall be open at all reasonable times and for reasonable periods to the inspection of any Councillor with the prior consent of the Mayor or President.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
Whole of Part VI Section 53 to Section 62 [Deleted]
54 PART VI ACCOUNTS AND AUDIT-54. Financial year.
(1) For the purposes of this Act the financial year shall be the twelve months ending on and including the thirty-first day of December of each year.
(2) The accounts of the local authority shall, as soon as may be, be balanced for the preceding financial year and an annual statement of account of the Local Authority Fund shall be prepared.
(3) Copies of such annual statement signed by the Commissioner of the City of Kuala Lumpur, Mayor or President, as the case may be, shall bes laid before the local authority not later than its first ordinary meeting in the month of May following or at any time thereafter as allowed by the local authority.
(4) Such annual statement shall be prepared in such form and shall contain such information as may be required by the State Authority.
[Am. by Act A436: s.5]
55 PART VI ACCOUNTS AND AUDIT-55. Annual estimates to be passed and approved.
(1) The local authority shall not later than the tenth day of November of each year pass detailed estimates of the revenue and expenditure of the local authority for the next financial year.
(2) Such estimates shall be in such form as may be required by the State Authority and shall be passed at a special meeting of the local authority.
(3) A copy of the draft estimates shall be delivered to each Councillor not less than seven days before the date fixed for such meeting.
(4) Subject to the provisions of this Act, the local authority may in its discretion pass, modify, reject or add any item in such draft estimates.
(5) After the Budget has been passed by the local authority it shall be forwarded to the State Authority not later than the twentieth day of November and shall be considered by the State Authority not later than the thirty-first day of December of that year and the State Authority may reduce or reject any item
56 PART VI ACCOUNTS AND AUDIT-56. Supplementary estimates.
(1) Where additional financial provision is required in any year the local authority may from time to time pass supplementary estimates showing the sources out of which any additional expenditure incurred by it may be met.
(2) Subject to the provisions of this section, the provisions of section 55 shall apply to any supplementary estimates in like manner as they apply to the annual estimates:
Provided that the supplementary estimates shall be considered by the State Authority not later than six weeks after the date of receipt thereof.
57 PART VI ACCOUNTS AND AUDIT-57. No expenditure to be incurred unless included in the estimates.
No local authority shall incur any expenditure which has not been included in the approved estimates except with the sanction of the State Authority.
58 PART VI ACCOUNTS AND AUDIT-58. Virement.
The local authority may transfer all or any part of the monies assigned to one item of annually recurrent expenditure to another item of annually recurrent expenditure appearing under the same head of expenditure in the summary of the Budget as approved and published in the Gazette under subsection (6) of section 55.
59 PART VI ACCOUNTS AND AUDIT-59. Form of estimates.
The annual and supplementary estimates and the summaries thereof shall be prepared in such form and shall contain such detailed information as the State Authority may require.
60 PART VI ACCOUNTS AND AUDIT-60. Audit of accounts.
(1) The Auditor General or other auditor appointed by the State Authority on the recommendation of the Auditor General shall, throughout the financial year, inspect and examine the accounts of the local authority, and the local authority shall, by the Treasurer or other officer authorized by the local authority, produce and lay before the auditor all books and accounts of the local authority together with all vouchers, papers, contracts and documents relating thereto.
(2) It shall be the duty of the auditor on or before the thirty-first day of October in each year to submit to the local authority in respect of the preceding financial year annual observations on the accounts of the local authority for such year and to certify therein whether or not:
(a) the accounts of the local authority were in order;
(b) separate accounts of all commercial undertakings had been kept;
(c) the acco
61 PART VI ACCOUNTS AND AUDIT-61. Power to Take Evidence
(1) For the purpose of any examination under the provisions of this Act an auditor may require by notice in writing to that effect any officer of the local authority or any other person to produce such records, minutes, books and documents in his possession or under his control and to give such information or explanation as may be necessary for the proper performance of his duties under this Act.
(2) Any person who, without reasonable excuse, refuses to produce any record, minute, book or document or to give any information or explanation shall be guilty of an offence and 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 such fine and imprisonment and to a further fine not exceeding one thousand ringgit for each day during which the offence is continued after conviction.
62 PART VI ACCOUNTS AND AUDIT-62. Remuneration of auditor.
The auditor shall be paid by the local authority such remuneration as may be agreed.
63 PART VII PUBLIC PLACES-63. Control of public place, etc .
A local authority shall have the general control and care of all places within the local authority area which have been or shall be at any time set apart and vested in the local authority for the use of the public or to which the public shall at any time have or have acquired a common right.
Section 63 of the Act provides it shall have the general control and care of all places within the local authority area which have been or shall be at any time set apart and vested in the appellant for the use of the public or to which the public shall at any time have or have acquired a common right. . - Refer to and the discussion thereof.64 PART VII PUBLIC PLACES-64. Power to make new public places, etc , and enlarge them.
A local authority may:
(a) make, construct, lay out or set apart new public places; and
(b) widen, open, enlarge or otherwise improve any such public place making due compensation in accordance with the provisions of any written law to the owners and occupiers of any land houses or building which are required for any such purpose or which are injuriously affected thereby.
65 PART VII PUBLIC PLACES-65. Power temporarily to close public places.
A local authority may temporarily close any public place vested in it or under its control.
In the case of , the Federal Court held that the vesting provision under s 65 of the Local Government Act 1976 ("LGA") does not apply to "streets".66 PART VII PUBLIC PLACES-66. Power to erect public buildings in open public places.
A local authority may erect and maintain in any open public place buildings for public purposes and may set apart any such public place or any portion thereof for any purposes which the local authority may from time to time think fit.
67 PART VII PUBLIC PLACES-67. Conditions and restrictions in regard to closure of street, etc .
(1) A local authority may permanently close or divert any public street or permanently close any public place or alter the boundaries thereof:
Provided that:
(a) before the local authority sanctions any permanent closure, diversion or alteration of boundaries, not less than fourteen days' notice shall be given of the intention to move a resolution in that behalf;
(b) before any such closure, diversion or alteration is carried out, the local authority shall prepare a plan of the proposed work and a statement showing the need therefor and shall not less than one month before the commencement of the proposed work give notice thereof in the Gazette and in such other manner as the local authority may by resolution direct and such notice shall state where the said plan may be inspected by the public at reasonable hours and a copy thereof shall be posted in some part of the said street or public
68 PART VII PUBLIC PLACES-68. Naming of public places, etc .
A local authority may, with the approval of the State Authority, determine the name by which any public place or housing estate or housing scheme shall be known and may from time to time alter the name of any public place or housing estate or housing scheme or of any part thereof whether or not such name was applied to such place, estate or scheme before the commencement of this Act.
69 PART VIII POLLUTION OF STREAMS-69. Committing nuisance in streams, etc .
Any person who commits a nuisance or deposits any filth in or upon the bank of any stream, channel, public drain or other water-course within the local authority area shall be guilty of an offence and 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 such fine and imprisonment and to a further fine not exceeding five hundred ringgit for each day during which the offence is continued after conviction.
70 PART VIII POLLUTION OF STREAMS-70. Pollution of streams with trade refuse, etc .
Any person who, within or without the limits of a local authority area,:
(a) puts or causes to be put or to fall or to flow or knowing permits to be put or to fall or to flow or to be carried into any stream, so as either singly or in combination with other acts of the same or any other person to interfere with its due flow or to pollute its waters, the solid or liquid refuse of any manufactory, manufacturing process or quarry or any rubbish or cinders or any other waster or any putrid matter;
(b) cause to fall or flow or knowingly permits to fall or flow or to be carried into any stream any solid or liquid sewage matter; or
(c) uses, for the purpose of carrying on any laundry trade, any stream, channel, public drain or other water-course or pool, pond or tank,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgi
71 PART VIII POLLUTION OF STREAMS-71. Local authority may recover for work done.
(1) Where any expenses are incurred by the local authority in carrying out any work as a result of the offences mentioned in sections 69 and 70, the local authority shall certify the cost thereof to the defaulting persons and the certificate of the local authority shall be conclusive proof of the sum due.
(2) Such sum shall be deemed to be a debt due to the local authority and may be recovered in the manner provided by this Act for the recovery of unpaid rates.
72 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-72. Powers.
(1) A local authority shall have power to do all or any of the following things, namely:
(a) to establish, maintain and carry out such sanitary services for dealing with effluent;
[(1)(a) Subs. by Act A1311 of the year 2007]
(b) to establish, erect, maintain, let, control and manage markets and market buildings, lodging houses, houses, rooms or buildings kept for public refreshment, shops, stalls and stands, and to control the occupation and use thereof;
(c) to license temporary buildings, stalls, tables, showboards, barrows, carts, tricycles or other receptacles, whether stationary or otherwise, set up or used for the sale or exposing for sale of:
(i) any food or drink in streets, public places or places of public resort or on private premises;
(ii) goods other than food or drink in streets, public places or places of public reso
73 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-73. By-laws.
(1) A local authority may from time to time make, amend or revoke by-laws for the better carrying out of the provisions of this Act and in particular:
(a) (i) to establish, maintain and compel the use of any service for dealing with effluent and to require the owners or occupiers of any premises to effect such dealing and to regulate and control the manner thereof;
[(1)(a)(i) Subs. by Act A1311 of the year 2007]
(ii) to keep public places clean and free from liquid waste and to prohibit the throwing, dropping, depositing or discharging of flushing water or other liquid waste, into any stream, channel or other water-course, and prevent any such liquid from flowing into any such place, and to regulate or prohibit the bathing or washing of persons, animals or things in any such place;
[(1)(a)(ii) Subs. by Act A1311 of the year 2007]
(iii) to prohibit
74 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-74. Filthy house, etc .
Any owner, occupier of tenant or any house, building or land, whether tenantable or otherwise, who suffers the same or any part thereof to be in a filthy and unwholesome state or overgrown with rank or noisome vegetation, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day during which the offence is continued after conviction.
75 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-75. Power to enter and cleanse houses or buildings.
(1) The Health Officer, or any officer authorised by the local authority in that behalf in writing, may at any time enter and inspect all houses and buildings and by an order in writing directs the occupier to cause within a time to be specified in such order all or any part thereof to be internally and externally colour-washed or distempered or otherwise cleansed for sanitary reasons and if necessary disinfected and all dirt or rubbish to be removed or collected.
(2) If such order is not complied with within the time specified, the occupier shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day after conviction until the order is complied with.
(3) No entry shall be made into any dwelling-house in actual occupation, not bein
76 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-76. Destruction of rats and mice.
(1) When the Health Officer is of the opinion that any premises are so infested with rats, mice, birds or other vermin as to be a danger to the health of the persons in the house or of the community, he may serve notice on the owner or occupier of such premises, calling upon him to take such measures as the local authority considers necessary for the destruction of such rats, mice, birds or other vermin and for the removal of their breeding places and for preventing their reappearance.
(2) Any owner or occupier who does not comply with such notice within seven days of the service thereof shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day after conviction during which the work is not carried out, and the local authority may enter
77 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-77. Closing and demolition, etc , of insanitary dwellings.
(1) When the Health Officer has certified in writing that in his opinion any building or part of a building or anything attached to a building used or occupied as a dwelling is unfit for human habitation and cannot be rendered fit therefor without the removal, alteration or demolition in whole or in part of any partition, compartment, loft, gallery, pentroof, out-house or other structure or erection or without the execution of such alterations or structural operations as he specifies, he may by notice in writing require the owner thereof to carry into effect all or any of the following things:
(a) the removal, alteration or demolition of the whole or part of the partitions or other erections or obstructions complained of; and
(b) the execution of such alterations or structural operations as are necessary to render the premises fit for human habitation and to guard against danger of disease.
78 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-78. Overcrowding of houses.
Any person who permits a houses to be so overcrowded as to be injurious or dangerous to the health of the inhabitants shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment and to a further fine not exceeding one hundred ringgit for each day during which the offence is continued after conviction.
79 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-79. When house to be deemed "overcrowded".
For the purpose of this Act a house shall be deemed to be so overcrowded as to be dangerous or prejudicial to the health of the inhabitants thereof if it or any room therein is found to be inhabited in excess of the proportion of one adult to every three hundred and fifty cubic feet of clear internal space, and in such calculation every person over ten years of age shall be deemed an adult and two children not exceeding ten years of age shall be counted as an adult.
80 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-80. Nuisances to be abated.
The local authority shall take steps to remove, put down and abate all nuisance of a public nature within the local authority area on public or private premises and may proceed at law against any person committing any such nuisances for the abatement thereof and for damages.
81 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-81. Nuisances liable to be dealt with summarily under this Act.
For the purposes of this Act:
(a) any premises or part thereof of such a construction or in such a state as to be a nuisance;
(b) any animal kept in such place or manner or in such numbers as to be a nuisance;
(c) any accumulation or deposit which is a nuisance or is or is likely to become a breeding place for mosquitoes or files or any vermin;
(d) any factory, workshop or work-place which is so overcrowded while work is carried on as to be a nuisance;
(e) any huts or sheds, whether used as dwellings or as stables or for any other purpose, which are by reason of the manner in which the huts or sheds are crowded together or the want of drainage or the impracticability of scavenging or for any other reason a nuisance;
(f) any pool or ditch the water from which is used or likely to be used by man for drinking or domestic purpose or for manufa
82 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-82. Notice requiring abatement of nuisance.
(1) On the receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Act, the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the person by whose act, default or sufferance the nuisance arose or, if such person cannot be found, on the occupier or owner of the premises on which the nuisance exists, requiring him to abate the same within the time specified in the notice and to execute such works and do such things as are necessary for that purpose and, if the local authority thinks it desirable, specifying any works to be executed.
(2) The local authority may also by the same or another notice serve on such occupier, owner or person requiring him to do what is necessary for preventing the recurrence of the nuisance and, if it thinks it desirable, specifying any works to be executed for that purpose, and may serve that notice notwithstanding that the nuisanc
83 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-83. Order for demolition of house unfit for habitation.
(1) Where a closing order has been made in respect of any dwellinghouse and the local authority is of the opinion that the continued existence of such dwelling-house is dangerous or injurious to the health of the public or of in inhabitants of the neighbouring dwellinghouse it may make a complaint to a Magistrate's Court, and such Court after hearing the complaint may make on the owner a summary order for the demolition of such dwelling-house within a time specified in such order.
(2) Any person who fails to comply with the summary order shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred ringgit for each day during the period of his default.
(3) Where a person fails to comply with the provisions of a summary order the local authority may execute the order and may recover the cost of such work from the owner.
84 PART IX FOOD, MARKETS, SANITATION AND NUISANCES-84. Power to proceed where cause of nuisance arises outside local authority area.
Where a nuisance within, or affecting any part of, a local authority area appears to be wholly or partly caused by some act or default committed or being committed outside the local authority area, the local authority may take, or cause to be taken, against any person in respect of that act or default any proceedings in relation to nuisances by this Act authorised in the like cases, and with like incidence and consequences, as if the act or default was committed or took place wholly within the local authority area.
85-93 PART X FIRE SERVICES-85-93. [Repealed by Act 341: s.63] .
[Repealed by Act 341: s.63]
94 PART XI BURIAL PLACE, CREMATORIA AND EXHUMATION-94. Local authority may provide burial grounds and crematoria and issue licences for the same.
(1) A local authority may provide suitable places within or without the local authority area to be used as burial grounds or crematoria and shall make proper provision for maintaining the same.
(2) A local authority may, in its discretion, issue licences for the use of other places within the local authority area for the burial or cremating of corpses.
(3) Every licence for the use of a place as a burial ground or crematorium shall be issued to the registered proprietor of the place in respect of which the same is issued.
95 PART XI BURIAL PLACE, CREMATORIA AND EXHUMATION-95. Penalty for unlawful burials.
(1) Except as provided for in subsection (3) of section 94, any person who buries or cremates or causes, procures or suffers to be buried or cremated any corpse or the remains of any corpse or prepares any place to be used for the burial or cremating of a corpse in or upon any place, not being a burial ground or crematorium provided by the local authority under subsection (1) of section 94 or a burial ground or crematorium licensed under subsection (2) thereof, or in or upon any burial ground or crematorium which has been closed by order of the local authority under section 96 shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both such fine and imprisonment, and the Court may, by a written order under its seal, direct such person within a time to be fixed in such order :
(a) to remove the corpse or remain
96 PART XI BURIAL PLACE, CREMATORIA AND EXHUMATION-96. Power to close burial grounds and crematoria.
If at any time it appears to the local authority that :
(a) any burial ground or place of burial or any place used for the cremating of corpses is in such a state as to be dangerous to the health of the persons living in the neighbourhood; or
(b) such burial ground or place of burial or crematorium or any part thereof:
(i) is noxious or offensive or unfit for use as a burial ground or crematorium;
(ii) cannot be further used for the burial or cremating of the dead without danger to the public health; or
(iii) is being used in contravention of the conditions of the licence,
the local authority may order the same or such part the thereof to be closed or may revoke the licence thereof, as the case may be, and thereafter it shall not be lawful to use the same as a place for the burial or cremating of corpses.
97 PART XI BURIAL PLACE, CREMATORIA AND EXHUMATION-97. Exhumation of corpses.
(1) No person shall within the local authority area exhume any corpse or the remains of any corpse otherwise than :
(a) by order by a Magistrate's Court for the purpose of a judicial enquiry; or
(b) under a licence granted by the local authority authorising such exhumation and after payment to the local authority of such fee as may be determined by the local authority with the approval of the State Authority:
Provided that no licence shall be granted under the provisions of paragraph (b) :
(i) where the cause of death was an infectious disease as defined in any written law relating to quarantine and the prevention of diseases; or
(ii) in the case of a corpse that has been buried for less than five years, unless the local authority is satisfied that there are special reasons requiring the exhumation.
(2) Any person who exhumes
98 PART XI BURIAL PLACE, CREMATORIA AND EXHUMATION-98. Power to make by-laws.
The local authorities may make by-laws for the inspection and regulation of burial grounds and crematoria within and without the local authority area provided by the local authority under subsection (1) of section 94 and as to the depth, length and width of graves and places of interment therein and generally to carry out the provisions of this Act in relation to all matters connected with the good order of such burial grounds and crematoria, due regard being had to the religious usages of the several classes of the community.
99 PART XI BURIAL PLACE, CREMATORIA AND EXHUMATION-99. Keeping of registers.
(1) The owner, trustee or person in charge of every burial ground and crematorium shall keep or cause to be kept a register in which shall be entered the name, sex, age, religion, residence and, as far as possible, the cause of death of every person whose body is brought to such burial ground or crematorium and shall permit the local authority or any officer duly appointed by it to inspect such register and make copies thereof or extracts therefrom.
(2) Any person who, being the owner, trustee or person in charge of any burial ground or crematorium :
(a) omits to enter the above particulars referring to any person whose body is brought there;
(b) does not show such register to the local authority or its duly appointed officer;
(c) prevents the making of copies or extracts; or
(d) falsifies such register, shall be guilty of an offence and shall on conviction be liab
100 PART XI BURIAL PLACE, CREMATORIA AND EXHUMATION-100. Non-application of other written laws.
On the coming into force of this Act, the provisions of any written law relating to burials shall cease to have any effect within any local authority area or in respect of any burial ground or crematorium provided without any local authority area under subsection (1) of section 94.
101 PART XII FURTHER POWERS OF LOCAL AUTHORITY-101. Further powers of local authority.
In addition to any other powers conferred upon it by this Act or by any other written law a local authority shall have power to do all or any of the following things, namely:
(a) to erect, maintain and keep in repair buildings as may be required for local authority purposes and for the accommodation of local authority staff;
(b) to plant, trim or remove trees;
(c) (i) to construct, maintain, supervise and control public parks, gardens, esplanades, recreation grounds, playing fields, children's playgrounds, open spaces, holiday sites, swimming pools, stadia, aquaria, gymnasia, community centres and refreshment rooms;
(ii) to lease, acquire, let, layout, plant, improve, equip and maintain lands for the purpose of being used as public parks, gardens, esplanades, recreation grounds, playing fields, children's playgrounds, open spaces, holiday sites, swimming pools, stadia, aquaria, gymn
102 PART XIII BY-LAWS-102. General power to make by-laws.
In addition to the powers of making by-laws expressly or impliedly conferred upon it by any other power to 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, flowe
102A PART XIII BY-LAWS-102A. By-law, etc , may prescribe fees and charges.
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.
[Ins. by Act A436: s.9]
103 PART XIII BY-LAWS-103. By-laws to be confirmed by State Authority.
Every by-law, rule or regulation shall not have effect until it is confirmed by the State Authority and published in the Gazette .
[Am. by Act A436: s.10]
104 PART XIII BY-LAWS-104. Penalties for breaches of by-laws.
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 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.
[Am. by Act A436: s.11]
105 PART XIII BY-LAWS-105. Power to demand monetary deposits from applicants for permits.
Where the local authority is empowered to make by-laws prohibiting, restricting or regulating the doing of any act and such by-laws 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 PART XIII BY-LAWS-106. Publication of by-law, rule or regulation in the Gazette constitution notice.
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.
107 PART XIV MISCELLANEOUS-107. Licences.
(1) A local authority in the granting of any licence or permit may prescribe the fees for such licence or permit and the charges for the inspection or supervision of any trade, occupation or premises in respect of which the licence is granted.
(1A) Any licence or permit granted under this Act may be issued jointly with any other licence or permit.
(2) Every licence or permit granted shall be subject to such conditions and restrictions as the local authority may think fit and shall be revocable by the local authority at any time without assigning any reason therefor.
(2A) The revocation of any particular licence or permit issued jointly with any other licence or permit under subsection (1A) shall not affect the validity of any other licence or permit with which it had been jointly issued.
(3) The local authority may at its discretion refuse to grant or renew any licence without assigning any reason therefor.
(4) A
108 PART XIV MISCELLANEOUS-108. Notices, etc .
(1) Notice, orders, warrants, licences, receipts and other similar documents may be in print or partly in writing and partly in print.
(2) Service of a document on any person shall be effected :
(a) by delivering the same to such person or by delivering the same at the last known place of residence of such person to an adult member of his family;
(b) by leaving the same at the usual or last known place of residence or business of such person in a cover addressed to such person; or
(c) by forwarding the same by post in a prepaid letter addressed to such person at his usual or last known place of residence or business.
(3) A document required to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the "owner" or "occupier" of such premises without further name or description and may be ser
109 PART XIV MISCELLANEOUS-109. Default in compliance with notice or order.
Where any notice or order requires any act to be done or work to be executed within a period specified therein by the owner or occupier of any premises and default is made in complying with the requirement of such notice or order, the person in default shall be guilty of an offence and shall, where no fine is specially provided for such default, on conviction be liable to a fine not exceeding five hundred ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment.
110 PART XIV MISCELLANEOUS-110. Power to enter premises.
Any officer of a local authority duly authorised in writing may at all reasonable times, enter any premises within the local authority area for the purpose of exercising any power of inspection, enquiry or execution of works which is given to a local authority.
111 PART XIV MISCELLANEOUS-111. Officer may demand names and addresses.
(1) The occupier of any premises within the local authority area shall, if required by any officer of a local authority, give his name and identity card number and the name and address of the owner of the premises, is known.
(2) Any person who refuses to give or wilfully mis-states his name and identity card number or the name and address of the owner of the premises shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit or to a term of imprisonment not exceeding six months or to both such fine and imprisonment.
112 PART XIV MISCELLANEOUS-112. Penalty for obstructing Councillor and others.
Any person who at any time obstructs, molests or assaults the Commissioner of the City of Kuala Lumpur, or the Mayor or President, Councillors, officers or employees of a local authority in the performance and execution of their duty or removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works shall be guilty of an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding six months or to both.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
Any person who at any time obstructs, molests or assaults the Councillors, officers or employees of a local authority in the performance and execution of their duty or removes any mark set up for the purpose of indicating any level or direction necessary to the execution
113 PART XIV MISCELLANEOUS-113. Recovery of expenses.
Whenever default is made by the owner of any premises in the execution of any work required to be executed by him, the occupier of such premises may, with the approval of the local authority, cause such work to be executed and the expense thereof shall be paid to him by the owner or the amount may be deducted out of the rent from time to time becoming due from him to such owner and such occupier may, in the absence of any special agreement to the contrary, retain possession until such expense has been fully reimbursed to him.
[Am. by Act A436: s.12]
114 PART XIV MISCELLANEOUS-114. Expenses and costs payable by owners.
(1) Any sums payable by or recoverable from the owner in respect of expenses or costs incurred by the local authority in the execution of any work shall, subject and without prejudice to the rights of the State, be a first charge on the premises in the respect of which such expenses or costs have been incurred.
(2) In addition to any other remedies conferred by this Act any such sum may be recovered by the same means and in like manner as an arrear of rates.
(3) The charge shall attach and the powers and remedies shall become exercisable as from the date of completion of the work and thereafter such powers and remedies may be exercised against the premises or against any movable property or crops for the time being found thereon, notwithstanding any change in the ownership or occupation of the premises subsequent to the said date.
115 PART XIV MISCELLANEOUS-115. Recovery of expenses or costs from persons in default.
Where the local authority has incurred expenses or costs in the execution of any work, it may recover such expenses or costs from the person in default and if such person is not owner of the premises from the owner thereof in the manner provided under section 114.
116 PART XIV MISCELLANEOUS-116. Recovery of charges for local authority services.
(1) All monies due to a local authority for local authority services shall recoverable by the local authority jointly and severally from the owner and occupier of the premises in respect of which the services were rendered:
Provided that :
(a) the owner shall, in the absence of any agreement to the contrary, be entitled to recover from the occupier of the said premises any such charges paid by him in respect of the occupation by such occupier; and
(b) the occupier shall be entitled to deduct from any rent or other amount payable by him to the owner of the premises any portion of such charges paid by or recovered from him which the owner could not lawfully have required him to pay.
(2) A local authority may charge and recover interest on unpaid charges for services at a rate not exceeding one per centum per month or part of a month.
117 PART XIV MISCELLANEOUS-117. Recovery by instalments.
(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 arrear, 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 PART XIV MISCELLANEOUS-118. Compensation, damages and costs to be determined by courts of competent jurisdiction.
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 PART XIV MISCELLANEOUS-119. General penalty.
Every person who is guilty of any offence against this Act or any bylaw, 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 such fine and imprisonment.
120 PART XIV MISCELLANEOUS-120. Local authority may direct prosecution.
(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 authorised in writing by the local authority or any officer of the local authority may conduct any such prosecution.
121 PART XIV MISCELLANEOUS-121. Power of arrest.
(1) Any officer of the local authority authorised 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 by-law, rule or regulation:
(a) if the name or addresses 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 PART XIV MISCELLANEOUS-122. Books of local authority to be prima facie evidence of sums due.
The books and registers of any local authority and any extracts therefrom certified by the Secretary or any other officer authorised 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 PART XIV MISCELLANEOUS-123. Liability for acts and omissions.
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, gene
124 PART XIV MISCELLANEOUS-124. Public Authorities Protection Ordinance 1948.
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.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
Section 124: [Deleted].
125 PART XIV MISCELLANEOUS-125. Protection of Councillors, officers and employees from personal liability.
(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.
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
Section 125: [Deleted].
126 PART XIV MISCELLANEOUS-126. Officers to be public servants.
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] .
Federal Territory of Labuan (Extension and Modification of Local Government Act 1976) Order 2010 - P.U.(A) 439/2010 c.i.f. 01-01-2011.
Section 126: [Deleted].
127 PART XV RATING AND VALUATION-127. Power to impose rates.
The local authority may, with the approval of the State Authority, from time to time as is deemed necessary, impose either separately or as a consolidated rate, the annual rate or rates within a local authority area for the purposes of this Act or for other purposes which it is the duty of the local authority to perform under any other written law.
128 PART XV RATING AND VALUATION-128. Further rates.
In addition to the rates referred to in section 127, the local authority may in like manner impose a drainage rate in accordance with section 132.
[Subs. by Act A865: s.5]
129 PART XV RATING AND VALUATION-129. Division of area and holding for rating purposes.
For the purposes of this Part, the local authority may divide its area into two or more parts and may in respect of such separate part or parts impose such rate or rates as may be considered just and proper and the local authority may further impose within such part or parts a differential rating in accordance with the actual usage of the holding or part thereof.
130 PART XV RATING AND VALUATION-130. Basis of assessment of rate.
(1) Any rate or rates imposed under this Part may be assessed upon the annual value of holdings or upon the improved value of holdings as the State Authority may determine.
(2) If any rate or rates are assessed upon the annual value of holdings such rate or rates shall not exceed:
(a) thirty five per centum of the annual value in the case of the rates imposed under section 127;
(b) [Repealed by Act A865: s.6] ;
(c) five per centum of the annual value in the case of the rates imposed under section 132.
(3) If any rate or rates are assessed upon the improved value of holdings such rate or rates shall not exceed:
(a) five per centum of the improved value in the case of rates imposed under section 127;
(b) [Repealed by Act A865: s.6] ;
(c) one per centum of the improved value in the case of rates impose
131 PART XV RATING AND VALUATION-131. [Repealed by Act A865: s.7] .
132 PART XV RATING AND VALUATION-132. Drainage rate.
The drainage rate may be imposed to meet the cost of the construction of any drainage system.
133 PART XV RATING AND VALUATION-133. Duration of rate.
The rates referred to in sections 127 and 128 shall endure for any period not exceeding twelve months and shall be payable half-yearly in advance by the owner of the holding at the office of the local authority or other prescribed place in the months of January and July and shall be assessed and levied in the manner hereinafter provided.
134 PART XV RATING AND VALUATION-134. Exemption from rates.
When any holding or part thereof is used exclusively:
(a) as public places for religious worship;
(b) as licensed public burial grounds or crematoria;
(c) for public schools;
(d) as public places for charitable purposes or for the purposes of science, literature or the fine arts,
and not for pecuniary profit, the State Authority may at its discretion exempt such holding or such part thereof from the payment of any rate.
135 PART XV RATING AND VALUATION-135. Exemption or reduction of rate.
When any holding or part thereof is used exclusively for recreational, social or welfare purposes and not for pecuniary profit, the State Authority may at its discretion exempt such holding or such part thereof from the payment of all or any rates or may reduce any rate imposed on such holding or such part thereof.
136 PART XV RATING AND VALUATION-136. Minimum rate payable.
When the rate in respect of any holding imposed is less than five ringgit in one year, no rate shall be payable.
137 PART XV RATING AND VALUATION-137. Preparation of Valuation List.
(1) The local authority shall cause a Valuation List of all holdings not exempted from the payment of rates to be prepared containing:
(a) the name of the street or locality in which such holding is situated;
(b) the designation of the holding either by name or number sufficient to identify it;
(c) the names of the owner and occupier, if known;
(d) the annual value or improved value of the holding.
(2) The Valuation List together with the amendments made under section 144 shall remain in force until it is superseded by a new Valuation List.
(3) A new Valuation List which shall contain the same particulars as in subsection (1) shall be prepared and completed once every five years or within such extended period as the State Authority may determine.
[Am. by Act A436: s.14]
"138 PART XV RATING AND VALUATION-138. Designation if name of owner unknown.
Where the name of the owner occupier is not known it shall be sufficient to designate him in the Valuation List and in any proceedings to recover any rate as the "owner" or "occupier" of the holding on which the rate is assessed without further description.
139 PART XV RATING AND VALUATION-139. Joint or separate valuation.
The Valuation Officer may at his discretion value any holding or holdings jointly or separately.
140 PART XV RATING AND VALUATION-140. Return may be required.
(1) In order to enable the local authority to assess the value of holdings liable to assess the value of holdings liable to assessment the local authority may require the owner or occupier thereof to furnish returns of the area, situation, quality, use and rent thereof and to give all such information as may be necessary for the preparation of the Valuation List or otherwise for the purpose of such valuation, and for the like purpose the local authority or any person appointed by it for that purpose may at any time enter and inspect and if necessary survey the same.
(2) Any person who :
(a) refuses or fails to furnish such return or to give such information within two weeks from the date of receipt of the notice requiring him to do so;
(b) knowingly makes a false or incorrect return or gives false or incorrect information;
(c) hinders, obstructs or prevents the local authority or a
141 PART XV RATING AND VALUATION-141. Notice of new valuation list to be published.
(1) Where any Valuation List has been prepared or adopted under the provisions of section 137 the local authority shall give notice of the same and of the place where the Valuation List or a copy thereof may be inspected in the Gazette and by way of advertisement in two local newspapers at least one of which is in the national language.
(2) Any person claiming to be either the owner or occupier of a holding included in the Valuation List or the agent of any such person may inspect the Valuation List and make extracts therefrom without charge.
(3) The local authority shall give notice in the same manner of a day not being less than forty-two days from the date of notification in the Gazette when the local authority will proceed to revise the Valuation List and in all cases in which any holding is for the first time valued or the valuation thereon has increased the local authority shall also give notice to the owner or o
142 PART XV RATING AND VALUATION-142. Objections.
(1) Any person aggrieved on any of the following grounds :
(a) that any holding for which he is rateable is valued beyond its rateable value;
(b) that any holding valued is not rateable;
(c) that any person who, or any holding which, ought to be included in the Valuation List is omitted therefrom;
(d) that any holding is valued below its rateable value; or
(e) that any holding or holdings which have been jointly or separately valued ought to be valued otherwise;
may make objection in writing to the local authority at any time not less than fourteen days before the time fixed for the revision of the Valuation List.
(2) All objections shall be enquired into and the persons making them shall at such enquiry be allowed an opportunity of being heard either in person or by an authorised agent.
143 PART XV RATING AND VALUATION-143. Confirmation of new Valuation List.
(1) On or before the 31st day of December of the year preceding the year in which any Valuation List is to come into force the local authority shall, with the approval of the State Authority, confirm such Valuation List with or without any amendment or revision and the Valuation List so confirmed shall be deemed to be the Valuation List until such time as it is superseded by another Valuation List.
(2) The confirmed Valuation List referred to in subsection (1) shall be deposited in the office of the local authority and shall be open there during office hours to inspection by all owners and occupiers of holding comprised therein, and a notice that it is so open to inspection stating the place of inspection shall forthwith be published.
(3) The local authority shall not be required to hear and determine all objections to the Valuation List before confirming it in accordance with subsection (1), and if any objection is not heard and determ
144 PART XV RATING AND VALUATION-144. Amendments to Valuation List.
(1) Where by reason of:
(a) a mistake, oversight or fraud the name of any person or the particulars of any rateable holding which ought to have been inserted in or omitted from the Valuation List, has been omitted from or inserted in the Valuation List, as the case may be, or any rateable holding has been insufficiently or excessively valued or for any other reason whatsoever any rateable holding has not been included in the Valuation List;
(b) any building erected, modified, altered, demolished or rebuilt, or other improvements made upon a rateable holding the value thereof has been increased;
(c) any building or part of a building being demolished or any other works being carried out on the rateable holding the value thereof has been decreased;
(d) any rateable holding which has been included in a joint valuation and which in the opinion of the Valuation Officer ought to
145 PART XV RATING AND VALUATION-145. Appeals.
(1) Any person who having made an objection in the manner prescribed by section 142 or 144 is dissatisfied with the decision of the local authority thereon may appeal to the High Court by way of originating motion:
Provided that with the filing of the originating motion there shall be paid into the local authority the amount of the rate appealed against.
(2) The originating motion shall be filed by the person dissatisfied with the decision of the local authority within fourteen days of the receipt thereof.
(3) The local authority shall be the respondent in any appeal under this section.
(4) Every such appeal shall be heard before the High Court whose decision on questions of fact shall be final and conclusive.
(5) From the decision of the High Court either party may appeal on questions of law to the Federal Court whose decision shall be final and conclusive.
(6) In any appeal under subsection (5), the pro
146 PART XV RATING AND VALUATION-146. Rates to be first charge.
All rates shall be paid by the persons who are the owners of the holding for the time being, and until so paid shall, subject to the provisions of the National Land Code, be a first charge on the holdings in respect of which they are assessed, and if not paid within the prescribed time, shall be recoverable in the manner hereinafter prescribed.
147 PART XV RATING AND VALUATION-147. Proceedings in default.
(1) If any sum payable in respect of any rate remains unpaid at the end of February or August, as the case may be, the owner or owners shall be liable to pay the same together with such fee as the local authority may fix from time to time.
(2) If any such sum or any part thereof remains due and unpaid by the end of February or by the end August in each year, as the case may be, it shall be deemed to be an arrear and may be recovered as provided in section 148.
148 PART XV RATING AND VALUATION-148. Proceedings for recovery of an arrear.
(1) For the recovery of an arrear the local authority may issue a warrant of attachment in Form F of the First Schedule hereto and may seize by virtue thereof any movable property, belonging to the owner or occupier liable to pay the same, which is found within the local authority area and may also seize any movable property, to whomsoever belonging, which is found on the holding in respect of which the arrear is due:
Provided that no warrant of attachment shall be issued by the local authority unless it has served a notice, in Form E of the First Schedule hereto, posted or delivered to the owner or any one of the owners, if more than one, at the last known address, calling on him to pay the arrear within fifteen days of the posting or delivery.
(2) The warrant shall be executed by an officer of the local authority who shall make an inventory of the property attached thereunder, and shall at the same time give notice in Form G of the Fi
149 PART XV RATING AND VALUATION-149. Sale of property attached.
(1) Unless the arrear with costs be paid within seven days from the date of the attachment the property attached or such part thereof as may be necessary shall be sold by public auction:
Provided that where the property seized is of a perishable nature or where expense of keeping it in custody will exceed its value it may be sold at once.
(2) The expenses of the maintenance of livestock and the custody of moveable property shall be costs of the attachment.
150 PART XV RATING AND VALUATION-150. Application of proceeds of sale.
The proceeds of sale shall be applied in satisfaction of the arrear together with interest thereon at the rate of six per centum per annum and costs, and the surplus, if any, shall be paid to the person in possession of the property at the time of attachment.
151 PART XV RATING AND VALUATION-151. Attachment and sale of holding.
(1) If the arrear cannot be recovered in the manner provided in section 148 it shall be lawful for the Registrar of the High Court upon application made by the local authority, or by any officer of the local authority authorised by the local authority in that behalf, to order the attachment and sale of the holding or holdings in respect of which the arrear has accrued.
(2) Such attachment and sale may be effected in the manner provided by the law relating to civil procedure for the execution of a decree by attachment and sale of immovable property.
(3) The Registrar of the High Court shall, from the proceeds of sale, provide first for the costs of attachment and sale, then for payment to the local authority of the amount of the arrear, together with interest thereon at the rate of six per centum per annum and costs, and in the event of there being any surplus remaining the Registrar shall, if he is satisfied as to the right of any perso
152 PART XV RATING AND VALUATION-152. Recovery of costs.
All costs of any proceeding under this Part for the recovery of arrears may be recovered as if they formed part of such arrears.
153 PART XV RATING AND VALUATION-153. Power to stop sale.
If any person having any interest in any property liable to be sold under this Part at any time previous to such sale tenders the arrear with interest and costs the local authority shall thereupon desist from all further proceedings in respect thereof, and where the property has been attached by the Court under the provisions of section 151 he shall inform the Court of such payment.
154 PART XV RATING AND VALUATION-154. Objection to attachment.
(1) If any person whose property has been attached under the provisions of this Part disputes the propriety of the attachment he may apply to the High Court, in the case of the attachment of a holding, or the Magistrate's Court in the case of the attachment of moveable property, for an order to stay the proceedings, and such Court after making such enquiry as may be necessary shall make such order on the premises as may be just.
(2) No application shall be entertained by any Court unless the applicant has deposited with the local authority the amount of the arrear with interest and costs.
155 PART XV RATING AND VALUATION-155. Recovery of rates paid by occupier.
If the sum due from the owner of any holding on account of any rate or costs is paid by the occupier of such holding such occupier may, notwithstanding anything contained in any agreement or arrangement with the owner, deduct from the next and following payments of his rent the amount which may have been so paid by him.
156 PART XV RATING AND VALUATION-156. Arrear may be sued as debt.
Notwithstanding anything herein, an arrear may be sued for and recovered as a debt in a court of competent jurisdiction by the local authority in its official name from any person liable to pay the same.
157 PART XV RATING AND VALUATION-157. Evidence of rates.
The production of the books or records purporting to contain any rate or assessment made under this Part shall, without any other evidence whatever, be prima facie proof of the making and validity of the rates or assessment mentioned therein.
158 PART XV RATING AND VALUATION-158. Assessment, etc , not to be impeached for want of form.
(1) No valuation or rate assessed thereon, no charge or demand of any rate and no attachment or sale shall be impeached or affected by reason of any mistake in :
(a) the name of any person liable to pay the rate;
(b) the description of any holding liable to such rate;
(c) the amount of the rate assessed thereon; or
(d) the mode of attachment or sale,
where the requirements of this Part or of any by-law, rule or regulation are in substance and effect complied with.
(2) No proceedings under this Part for the recovery of any rate shall be quashed or set aside in any Court for want of form.
159 PART XV RATING AND VALUATION-159. Liability of owner on sub-division or amalgamation of holdings.
Whenever holdings are sub-divided or amalgamated the owner thereof shall be liable to pay until the end of the year in which sub-division or amalgamation is effected or until the coming into force of a new Valuation List, whichever is prior in time, all rates, arrears, interest and costs due thereon as if such sub-division or amalgamation had not been made.
160 PART XV RATING AND VALUATION-160. Notice of transfer of rateable holdings.
(1) Whenever any rateable holding within a local authority area is sold or transferred it shall be the duty of the seller or transferrer and the purchaser or transferee within three months after such sale or transfer to give notice thereof to the local authority in Form I of the First Schedule hereto.
(2) Whenever the owner of any rateable holding within a local authority area dies it shall be the duty of the person becoming the owner thereof by succession or otherwise to give notice thereof to the local authority within a period of one year of the death in Form J of the First Schedule hereto.
(3) On receipt of such notice the local authority may require the production of the instrument effecting change of ownership or of a certified copy thereof.
(4) Every person who sells or transfers any rateable holding within a local authority area shall continue to be liable for the payment of all rates payable in respect of such holding a
161 PART XV RATING AND VALUATION-161. Notice of new buildings.
(1) Where any new building is erected or where any building is rebuilt, enlarged, altered, repaired or renovated, or where any building which has been vacant is re-occupied the owner of the holding whereon such building is situate shall within fifteen days give notice thereof in writing to the local authority.
(2) The said period of fifteen days shall be reckoned from the date of the completion or of the occupation, whichever first occurs, of the building which has been newly erected, rebuilt, enlarged, altered, repaired or renovated, as the case may be, and in the case of a building which has been vacant, from the date of the re-occupation thereof.
(3) When any building or portion of a building is demolished or removed otherwise than by the order of the local authority, the owner of such holding shall give notice of the commencement of such demolition or removal in writing to the local authority.
(4) The local authority may on
162 PART XV RATING AND VALUATION-162. Refund on unoccupied buildings.
(1) Where any building is unoccupied and no rent is payable in respect thereof during a period of not less than one calendar month in any half year in respect of which a rate has been paid the local authority may order the refund or remission, as the case may be, of a part of such rate proportionate to the period during which the building has been unoccupied.
(2) No refund or remission shall be ordered unless the person claiming the same shall have within seven days from the commencement of the period in respect of which the refund or remission is claimed given written notice to the local authority of such vacancy and in the case of any refund shall have claimed payment thereof in writing not later than one month after the expiration of the half year in respect of which the claim is made.
(3) No refund or remission shall be ordered in respect of any building unless the owner of the holding in question proves to the satisfaction of the l
163 PART XV RATING AND VALUATION-163. Provision for rating buildings on State or reserved land.
(1) In the case of buildings situated on State land or on land reserved for a public purpose and not occupied by the Federal or State Governments the local authority, with the approval of the State Authority, may impose the rates referred to in section 127 upon the annual value or improved value of all or any of such buildings, and the occupiers of such buildings shall be liable to pay the said rates.
(2) The provisions of this Part shall apply to any rate imposed under subsection (1) except that in the application thereof references to a "holding" shall be deemed to be references to a "building", and references to the "owner" of a holding shall be deemed to be references to the "occupier" of a building.
[Am. by Act A436: s.16]
164 PART XV RATING AND VALUATION-164. Saving.
Notwithstanding the provisions of this Act, until such time as a Valuation List shall have been prepared and certified in accordance with this Part the assessment list furnished or prepared under the provisions of any written law repealed by this Act shall notwithstanding such repeal be the basis of the rates to be levied in respect of rateable properties contained in such assessment list and such assessment list shall be deemed to be the Valuation List for the time being in force.
[Am. by Act A436: s.17]
165 PART XVI SPECIAL PROVISIONS-165. Transfers of functions.
(1) If it appears to the State Authority to be necessary or desirable in the public interest that any function of a local authority or of an employee of such local authority should be forthwith transferred from such local authority or such employee, the State Authority may by order published in the Gazette transfer such function to the Menteri Besar or Chief Minister of the State; and if the State Authority is of the opinion that any investigation should be held, the State Authority may in the same order or in a subsequent order direct that an enquiry shall be held into the matter and may make such further order as may be necessary or expedient.
(2) Where under subsection (1) any function is transferred, the State Authority may make such order as may be necessary or expedient relating to the expenses required by such transfer of functions and such order shall be binding on the local authority notwithstanding any provisions of this Act relating
166 PART XVI SPECIAL PROVISIONS-166. Repeal.
The provisions of the laws to the extent set out in the Second Schedule hereto are hereby repealed.
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