Local Government Laws in Malaysia
Content
Local Government Public
administration system based on local regions.
Areas
of regions are set by law.
Administrative
powers and functions are determined by law.
Third
government in the administration countries.
Implementing
policies in grassroots level that directly deliver services to the citizens of the local population.
Generally,
local authorities is an association corporation established by the Local Government Act 1976 (Act 171).
Article
95D of the Malaysian Constitution Local Government Act 1976 (Act 171) are applied only in West Malaysia.
In
Sabah- Local Government Ordinance 1961
In
Sarawak- Local Authority Ordinance 1996.
West
Malaysia- the Town and Country Planning Act, 1976 (Act 172).
Sabah-
the Town and Country Planning Ordinance (Sabah Chapter 141) 1969.
Sarawak-
the Land Code (Sarawak Cap 18); Land (Control and subdivision) Ordinance (Sarawak Chapter 82).
Provides a consolidated legal framework.
A
major advance on the past confusion of inadequate legislation, and above all significant as a wholly Malaysian initiative in the local government field.
Expansion
objective.
of their services a desirable
Empowering
to establish areas of local authorities and to appoint the committees bodies.
Allows
a local authority to enact by-laws to help in carry out its functions.
The State Authority in consultation with the Minister and the Secretary of the Election Commission may by notification in the gazette; • Declare any area in such state to be a local authority area • Assign a name to such local authority areas • Define the boundaries of such local authority area • 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
The state authority, in consultation with • the local authority may by notification in the gazette change the name of any local authority area • the minister and the local authority may by notification in the gazette change the status of a local authority area • the minister and the secretary of the election commission, may by notification in the gazette alter the boundaries of any local authority
The same procedure in Sec 4 applies in the merger of any two or more local authorities.
Local authority shall consist of: • The Mayor or President • Not less than eight and not more than twenty four other councilors
Councilor of the local authority shall be appointed from amongst person 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 interest of their communities in the local authority area.
The term of office shall not exceed 3 years
A councilor shall be eligible for reappointment upon the expiry of his term of office.
Councilors must declare their acceptance of office before he can act as one.
No Councilor shall be liable to serve as assessor or as juror.
A councilor is holding the post in the Legislative and the post of assessor or juror belongs to the Judiciary. No one person shall holds any two positions in the Legislative, Executive or Judiciary.
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.
Common seal • 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 Councilor and the Secretary. • Such seal shall be officially and judicially noticed.
Notwithstanding
anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect.
All
Councilors holding office immediately before the coming into force of this Act shall forthwith cease to hold office.
-
For the purpose of this section, “Councilors” means: •
• • •
Members of Boards of Management appointed under subsection 4(1) of the *Local Government (Temporary Provisions) Act 1973 [Act 124] Councilors or Commissioners of Municipal Councils Councilors of Town Councils, District Councils or Rural District Councils Members of Town Boards or Local Councils
Every local authority may from time to time appoint Committees for: • • •
examining and reporting upon any matter performing any act may delegate to any Committee such powers, other than the power to raise money by rates or loans
A housekeeping tool to conduct their business.
May 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 Councilors and the transaction of its affairs.
Shall consist of: • All taxes, rates, rents, license fees, dues and other sums of charges payable to the local authority by virtue of the provisions of this Act or any other written law • All charges of profits arising from any trade, service or undertaking carried on by the local authority under the powers vested in it • All interest on any monies invested by the local authority and all income arising from or out of the property of the local authority, moveable and immovable • 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, contribution, endowments or otherwise
By resolution and with the consent of the State Authority, may 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: • •
To defray the expenses incurred or to be incurred To pay off existing loans
Local Authority may, for the purpose of carrying out any development for residential, commercial and industrial undertakings.
With the approval of the State Authority.
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.
A local authority may: • Make, construct, lay out or set apart new public places • 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 buildings which are required for any such purpose or which are injuriously affected thereby
A local authority shall have power to do all or any of the following things namely: • To establish, maintain and carry out such sanitary services for the removal and destruction of or otherwise dealing with rubbish, litter, dead animals and all kind of refuse and effluent • To establish, erect, maintain, let, control and manage markets buildings, lodging houses, houses, rooms or building kept for public refreshment, shops, stalls and stands, and to control the occupation and use thereof • 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
Local Authority may from time to time make, amend or revoke by-laws for the better carrying out of the provisions.
Notwithstanding any other provision in this Act, a local authority shall not make, amend or revoke any by-laws in respect of sewage.
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, he may by notice in writing require the owner thereof to carry into effect all or any of the following things: • the removal, alteration or demolition of the whole or part of the partitions or other erections or obstructions complained of • 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.
Protective and enforcement services
Local Authority may from time to time make, amend and revoke by-laws.
Any by-law, rule or regulation may prescribe fees and charges for any matter or thing required or authorized to be done thereunder.
Every by-law, rule or regulation shall not have effect until it is confirmed by the State Authority and published in the Gazette.
[1979] 2 MLJ 127 Federal Court - Civil Appeal No. 29 & 30, 1978 Raja Azlan Shan, HB (Malaya), Chang Min Tatt HMP, Syed Othman HMP. December 6, 1978
Issue: Renovation of the building without approval from the local authorities - an injunction to stop the building owner operates a restaurant business in it Local Government Act 1976, section 80.
Result: Federal Court ruled that Under section 80 of the Local Government Act 1976, it is clear the local authority has the right to take legal action to using his own name for stop a public nuisance, no matter whether the nuisance has been committed on the premises public or private premises, provided the premises is located in areas under its control. Such action is essential to preserve the public interest. Appellant's appeal is approved.
[1997] 1 MLJ 394 Federal Court - Civil Appeal No. 02-728-93 Anuar HB (Malaya), Mohd Azmi HMP, Wan Yahya HMP October 4, 1996.
Issue: Temporary road closure - whether the action Petaling Jaya Municipal Council is valid - Local Government Act 1976, section 65.
Result: Approve the appeal of appellant, the Court Federation ruled that although in this case is made only for temporary closure time and involves a part of the road, action of the respondents (to closed some road as a night market area night) is illegal. Not only cause obstruction to traffic, and even pose a threat to affect the enjoyment of health and population premises along the road. Court decided that the action of the respondents express ultra vires the Act and contrary to civil rights, the respect of road users.
History Chronology Flow Chart of Town and Country Planning in Peninsular Malaysia
COMMITEE OF ASSESSORS 1801 SANITARY BOARD ENACTMENT 1890 TOWN IMPROVEMENT ENACTMENT 1917 TOWN PLANNING ENACTMENT 1923
Cont…
TOWN PLANNING ENACTMENT 1927 SANITARY BOARDS ENACTMENT 1935 TOWN BOARDS ENACTMENT CAP 137 TOWN AND COUNTRY PLANNING ACT, 1976 (ACT 172)
Town and Country Planning Act, 1976 [Act 172] is enacted pursuant to Clause (4) of Article 76 of the Federal Constitution.
Applies to Peninsular Malaysia
The states of Sabah, Sarawak and the Federal Territory of Kuala Lumpur enforce their own sets of planning legislation.
Town and Country Planning Act, 1976 contains 9 Parts with 59 Sections originally. It was amended 4 times over the years from 1993 to 2007.
History Chronology Flow Chart of amended Town and Country Planning Act, 1976 [Act 172]
Town and Country Planning Act (Amendment) 1993 [Act A866] • amended by inserting a provision concerning sewerage activities.
Town and Country Planning Act (Amendment) 1995 [Act A933] • amended to address the rapid development that neglects the importance of environmental conservation with regards to tree preservation order.
Town and Country Planning Act (Amendment) 2001 [Act A1129] • amended to address problems arisen in the property sector and to enable Federal Government to play its role pertaining to town and country planning issues which was in line with the cooperative spirit under the Federal Constitution.
Town and Country Planning Act (Amendment) 2007 [Act A1313] • amended by inserting a provision concerning the management of controlled solid waste and public cleansing.
Relationship Authority Structure in the Planning Town and Country
National Physical Planning Council
• Ministry of Housing and Local Government • Federal Department of Town and Country Planning Peninsular Malaysia
State Planning Committee
• Town and Country Planning State Department
Local Planning Authorities
• Local Authorities
Membership 1. Prime Minister 2. Deputy Prime Minister 3. Minister responsible for town and country planning; housing and local government; and land 4. Minister of Finance 5. Chief Minister of every state and Minister for Federal territory 6. Not more than seven members to be appointed by the Prime Minister.
Function: 1. Policymaking With a draft of the policy, planning efforts to achieve objects may be held
2. Planning By socio-economic planning, it provide ways to achieve the objectives contained in the public policy within a specified period of time
3. Implementation At the implementation level, every government agency responsible in development plans automatically is assigned to implement the plan
4. Coordination To provide communications and relationship between the various agencies involved in the implementation of development programs and projects
5. Ratings To know the effect of implementation of a program or development of the society who are being targeted
Membership 1.
Chief Minister
2.
Deputy chairman*
3.
Not more than tree members to be appointed by state authority*
4.
State Secretary
5.
State Director
6.
State Director of Lands and Mines
7.
State of State Economic Planning Unit
8.
State Director of Public Works
9.
State Legal Advisor
10.
State Financial Officer
11.
State Development Officer
12.
State Director of Environment
13.
Not more than four members appointed by state authority
* from members of State Executive Council
Function (Sec 4(4) Town and Country Planning Act, 1976) Promote
the preservation, use and development of all lands in the state. Advise the State Government on matters in above Undertake, assist and promote the information and methodology to town and country planning
Function (Sec 6(1) Town and Country Planning Act, 1976)
Regulate, control and plan the development and use of all land and buildings within the area. Undertake, assist and encourage the collection, maintenance, and publication of statistics, bulletins, and monographs, and other posts in relation to town and country planning and methodology. Perform any other duties imposed upon it from time to time by the State Authority or by the State Planning.
(1994) 2 MLJ 297 High Court (Johor Bahru) - Originating Summons No 24 -121-94 Haidar, H. 28 April 1994
Issue: Project of floating city - whether the project is not valid because of conflict with the Town and Act 1976 - whether the applicants have locus standi.
Result The High Court decided that the agreement made between the first defendant (the Johor State Government) with the second defendant (Johor Coastal PT. Ltd.) is not a public document. Therefore, plaintiffs have no right to examine or check the contents. The Court also stressed that even possible violation of Town and country Planning Act, 1976 (Act 172), the plaintiff did not have locus standi to refer violations to the court unless he can produce evidence that he has been or will pay a specifically in violation of his due the excess loss that has or may borne by other taxpayers who living in Johor Bahru.
Meaning of by-laws: Subsidiary
legislation Under provision of parent Act or Ordinance Made by government departments or units These departments/ units have their own tribunal/ court to handle by-laws
Function to
regulate all activities with the area of local authority’s jurisdiction so that good governance could be emplaced.
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.
Any by-law, rule or regulation made by a local authority may prescribe fees and charges
Every
by-law, rule or regulation shall not have effect until • •
confirmed by the State Authority published in the Gazette
Local
authority may, by by-law, rule or regulation prescribe for the breach of any by-law, rule or regulation Fine not exceeding RM2000 or a term of imprisonment not exceeding one year or to both In the case of a continuing offence a sum not exceeding RM200 for each day
Enforced by City Councils: 1. 2.
Public Housing (Federal Territory of Kuala Lumpur) By-Laws, 200 Market (Federal Territory of Putrajaya) ByLaws, 2003
Enforced by Municipal Council 1. 2.
Food Handlers (Ipoh Municipal Council) ByLaw 1981 Public Toilet (MPAJ) 2005
Enforced by District Council 1. 2.
Garbage Throwing And Disposal (Pontian District Council) By-Laws, 1986 Vandalism (Tampin District Council) By-Laws 1991
Example under Local Government Ordinance 1961 (Sabah) Hotels and Lodging Houses (Kota Kinabalu Municipal Council) By-Laws, 1966 Example under Local Authority Ordinance 1996 (Sarawak) Refuse Collection & Disposal (Padawan Municipal Council)By-Laws, 1982
administration system based on local regions.
Areas
of regions are set by law.
Administrative
powers and functions are determined by law.
Third
government in the administration countries.
Implementing
policies in grassroots level that directly deliver services to the citizens of the local population.
Generally,
local authorities is an association corporation established by the Local Government Act 1976 (Act 171).
Article
95D of the Malaysian Constitution Local Government Act 1976 (Act 171) are applied only in West Malaysia.
In
Sabah- Local Government Ordinance 1961
In
Sarawak- Local Authority Ordinance 1996.
West
Malaysia- the Town and Country Planning Act, 1976 (Act 172).
Sabah-
the Town and Country Planning Ordinance (Sabah Chapter 141) 1969.
Sarawak-
the Land Code (Sarawak Cap 18); Land (Control and subdivision) Ordinance (Sarawak Chapter 82).
Provides a consolidated legal framework.
A
major advance on the past confusion of inadequate legislation, and above all significant as a wholly Malaysian initiative in the local government field.
Expansion
objective.
of their services a desirable
Empowering
to establish areas of local authorities and to appoint the committees bodies.
Allows
a local authority to enact by-laws to help in carry out its functions.
The State Authority in consultation with the Minister and the Secretary of the Election Commission may by notification in the gazette; • Declare any area in such state to be a local authority area • Assign a name to such local authority areas • Define the boundaries of such local authority area • 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
The state authority, in consultation with • the local authority may by notification in the gazette change the name of any local authority area • the minister and the local authority may by notification in the gazette change the status of a local authority area • the minister and the secretary of the election commission, may by notification in the gazette alter the boundaries of any local authority
The same procedure in Sec 4 applies in the merger of any two or more local authorities.
Local authority shall consist of: • The Mayor or President • Not less than eight and not more than twenty four other councilors
Councilor of the local authority shall be appointed from amongst person 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 interest of their communities in the local authority area.
The term of office shall not exceed 3 years
A councilor shall be eligible for reappointment upon the expiry of his term of office.
Councilors must declare their acceptance of office before he can act as one.
No Councilor shall be liable to serve as assessor or as juror.
A councilor is holding the post in the Legislative and the post of assessor or juror belongs to the Judiciary. No one person shall holds any two positions in the Legislative, Executive or Judiciary.
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.
Common seal • 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 Councilor and the Secretary. • Such seal shall be officially and judicially noticed.
Notwithstanding
anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect.
All
Councilors holding office immediately before the coming into force of this Act shall forthwith cease to hold office.
-
For the purpose of this section, “Councilors” means: •
• • •
Members of Boards of Management appointed under subsection 4(1) of the *Local Government (Temporary Provisions) Act 1973 [Act 124] Councilors or Commissioners of Municipal Councils Councilors of Town Councils, District Councils or Rural District Councils Members of Town Boards or Local Councils
Every local authority may from time to time appoint Committees for: • • •
examining and reporting upon any matter performing any act may delegate to any Committee such powers, other than the power to raise money by rates or loans
A housekeeping tool to conduct their business.
May 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 Councilors and the transaction of its affairs.
Shall consist of: • All taxes, rates, rents, license fees, dues and other sums of charges payable to the local authority by virtue of the provisions of this Act or any other written law • All charges of profits arising from any trade, service or undertaking carried on by the local authority under the powers vested in it • All interest on any monies invested by the local authority and all income arising from or out of the property of the local authority, moveable and immovable • 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, contribution, endowments or otherwise
By resolution and with the consent of the State Authority, may 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: • •
To defray the expenses incurred or to be incurred To pay off existing loans
Local Authority may, for the purpose of carrying out any development for residential, commercial and industrial undertakings.
With the approval of the State Authority.
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.
A local authority may: • Make, construct, lay out or set apart new public places • 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 buildings which are required for any such purpose or which are injuriously affected thereby
A local authority shall have power to do all or any of the following things namely: • To establish, maintain and carry out such sanitary services for the removal and destruction of or otherwise dealing with rubbish, litter, dead animals and all kind of refuse and effluent • To establish, erect, maintain, let, control and manage markets buildings, lodging houses, houses, rooms or building kept for public refreshment, shops, stalls and stands, and to control the occupation and use thereof • 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
Local Authority may from time to time make, amend or revoke by-laws for the better carrying out of the provisions.
Notwithstanding any other provision in this Act, a local authority shall not make, amend or revoke any by-laws in respect of sewage.
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, he may by notice in writing require the owner thereof to carry into effect all or any of the following things: • the removal, alteration or demolition of the whole or part of the partitions or other erections or obstructions complained of • 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.
Protective and enforcement services
Local Authority may from time to time make, amend and revoke by-laws.
Any by-law, rule or regulation may prescribe fees and charges for any matter or thing required or authorized to be done thereunder.
Every by-law, rule or regulation shall not have effect until it is confirmed by the State Authority and published in the Gazette.
[1979] 2 MLJ 127 Federal Court - Civil Appeal No. 29 & 30, 1978 Raja Azlan Shan, HB (Malaya), Chang Min Tatt HMP, Syed Othman HMP. December 6, 1978
Issue: Renovation of the building without approval from the local authorities - an injunction to stop the building owner operates a restaurant business in it Local Government Act 1976, section 80.
Result: Federal Court ruled that Under section 80 of the Local Government Act 1976, it is clear the local authority has the right to take legal action to using his own name for stop a public nuisance, no matter whether the nuisance has been committed on the premises public or private premises, provided the premises is located in areas under its control. Such action is essential to preserve the public interest. Appellant's appeal is approved.
[1997] 1 MLJ 394 Federal Court - Civil Appeal No. 02-728-93 Anuar HB (Malaya), Mohd Azmi HMP, Wan Yahya HMP October 4, 1996.
Issue: Temporary road closure - whether the action Petaling Jaya Municipal Council is valid - Local Government Act 1976, section 65.
Result: Approve the appeal of appellant, the Court Federation ruled that although in this case is made only for temporary closure time and involves a part of the road, action of the respondents (to closed some road as a night market area night) is illegal. Not only cause obstruction to traffic, and even pose a threat to affect the enjoyment of health and population premises along the road. Court decided that the action of the respondents express ultra vires the Act and contrary to civil rights, the respect of road users.
History Chronology Flow Chart of Town and Country Planning in Peninsular Malaysia
COMMITEE OF ASSESSORS 1801 SANITARY BOARD ENACTMENT 1890 TOWN IMPROVEMENT ENACTMENT 1917 TOWN PLANNING ENACTMENT 1923
Cont…
TOWN PLANNING ENACTMENT 1927 SANITARY BOARDS ENACTMENT 1935 TOWN BOARDS ENACTMENT CAP 137 TOWN AND COUNTRY PLANNING ACT, 1976 (ACT 172)
Town and Country Planning Act, 1976 [Act 172] is enacted pursuant to Clause (4) of Article 76 of the Federal Constitution.
Applies to Peninsular Malaysia
The states of Sabah, Sarawak and the Federal Territory of Kuala Lumpur enforce their own sets of planning legislation.
Town and Country Planning Act, 1976 contains 9 Parts with 59 Sections originally. It was amended 4 times over the years from 1993 to 2007.
History Chronology Flow Chart of amended Town and Country Planning Act, 1976 [Act 172]
Town and Country Planning Act (Amendment) 1993 [Act A866] • amended by inserting a provision concerning sewerage activities.
Town and Country Planning Act (Amendment) 1995 [Act A933] • amended to address the rapid development that neglects the importance of environmental conservation with regards to tree preservation order.
Town and Country Planning Act (Amendment) 2001 [Act A1129] • amended to address problems arisen in the property sector and to enable Federal Government to play its role pertaining to town and country planning issues which was in line with the cooperative spirit under the Federal Constitution.
Town and Country Planning Act (Amendment) 2007 [Act A1313] • amended by inserting a provision concerning the management of controlled solid waste and public cleansing.
Relationship Authority Structure in the Planning Town and Country
National Physical Planning Council
• Ministry of Housing and Local Government • Federal Department of Town and Country Planning Peninsular Malaysia
State Planning Committee
• Town and Country Planning State Department
Local Planning Authorities
• Local Authorities
Membership 1. Prime Minister 2. Deputy Prime Minister 3. Minister responsible for town and country planning; housing and local government; and land 4. Minister of Finance 5. Chief Minister of every state and Minister for Federal territory 6. Not more than seven members to be appointed by the Prime Minister.
Function: 1. Policymaking With a draft of the policy, planning efforts to achieve objects may be held
2. Planning By socio-economic planning, it provide ways to achieve the objectives contained in the public policy within a specified period of time
3. Implementation At the implementation level, every government agency responsible in development plans automatically is assigned to implement the plan
4. Coordination To provide communications and relationship between the various agencies involved in the implementation of development programs and projects
5. Ratings To know the effect of implementation of a program or development of the society who are being targeted
Membership 1.
Chief Minister
2.
Deputy chairman*
3.
Not more than tree members to be appointed by state authority*
4.
State Secretary
5.
State Director
6.
State Director of Lands and Mines
7.
State of State Economic Planning Unit
8.
State Director of Public Works
9.
State Legal Advisor
10.
State Financial Officer
11.
State Development Officer
12.
State Director of Environment
13.
Not more than four members appointed by state authority
* from members of State Executive Council
Function (Sec 4(4) Town and Country Planning Act, 1976) Promote
the preservation, use and development of all lands in the state. Advise the State Government on matters in above Undertake, assist and promote the information and methodology to town and country planning
Function (Sec 6(1) Town and Country Planning Act, 1976)
Regulate, control and plan the development and use of all land and buildings within the area. Undertake, assist and encourage the collection, maintenance, and publication of statistics, bulletins, and monographs, and other posts in relation to town and country planning and methodology. Perform any other duties imposed upon it from time to time by the State Authority or by the State Planning.
(1994) 2 MLJ 297 High Court (Johor Bahru) - Originating Summons No 24 -121-94 Haidar, H. 28 April 1994
Issue: Project of floating city - whether the project is not valid because of conflict with the Town and Act 1976 - whether the applicants have locus standi.
Result The High Court decided that the agreement made between the first defendant (the Johor State Government) with the second defendant (Johor Coastal PT. Ltd.) is not a public document. Therefore, plaintiffs have no right to examine or check the contents. The Court also stressed that even possible violation of Town and country Planning Act, 1976 (Act 172), the plaintiff did not have locus standi to refer violations to the court unless he can produce evidence that he has been or will pay a specifically in violation of his due the excess loss that has or may borne by other taxpayers who living in Johor Bahru.
Meaning of by-laws: Subsidiary
legislation Under provision of parent Act or Ordinance Made by government departments or units These departments/ units have their own tribunal/ court to handle by-laws
Function to
regulate all activities with the area of local authority’s jurisdiction so that good governance could be emplaced.
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.
Any by-law, rule or regulation made by a local authority may prescribe fees and charges
Every
by-law, rule or regulation shall not have effect until • •
confirmed by the State Authority published in the Gazette
Local
authority may, by by-law, rule or regulation prescribe for the breach of any by-law, rule or regulation Fine not exceeding RM2000 or a term of imprisonment not exceeding one year or to both In the case of a continuing offence a sum not exceeding RM200 for each day
Enforced by City Councils: 1. 2.
Public Housing (Federal Territory of Kuala Lumpur) By-Laws, 200 Market (Federal Territory of Putrajaya) ByLaws, 2003
Enforced by Municipal Council 1. 2.
Food Handlers (Ipoh Municipal Council) ByLaw 1981 Public Toilet (MPAJ) 2005
Enforced by District Council 1. 2.
Garbage Throwing And Disposal (Pontian District Council) By-Laws, 1986 Vandalism (Tampin District Council) By-Laws 1991
Example under Local Government Ordinance 1961 (Sabah) Hotels and Lodging Houses (Kota Kinabalu Municipal Council) By-Laws, 1966 Example under Local Authority Ordinance 1996 (Sarawak) Refuse Collection & Disposal (Padawan Municipal Council)By-Laws, 1982
