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Local Government Act 1976- Part 2

(vii) the prohibition, except with a permit granted by the local authority, of the introduction into the local authority area for human consumption of the meat of any animal slaughtered outside the local authority area;

(viii) the entry by any authorized officer of the local authority by day or night into any premises in which he has reason to believe that any animal is likely to be, is being or has been slaughtered in contravention of the provisions of any by-laws;

(f) to regulate, inspect, supervise and license temporary buildings, stalls, tables, show-boards, barrows, carts, tricycles and other receptacles and to seize, destroy or dispose of the same when not so licensed;

(g) to regulate, supervise and license pedlars, hawkers and street traders and to prescribe streets or areas in which peddling, hawking or street trading shall be prohibited;

(h) to regulate and control the use of public baths, wash-houses, laundries and places for washing clothes, established by the local authority;

(i) to regulate, inspect and license swimming places and bathing establishments and to prohibit or regulate bathing in any open water in the local authority area;

(j) to regulate, inspect and license the use of public lavatories, closets, urinals and subways;

(k) to prescribe conditions for the conveyance of animals, birds or fish, whether dead or alive, and of meat, vegetables or fruits in any street or public place;

(l) to prohibit or regulate any method of cultivation, the use of any kind of manure or fertilizer or any method of irrigation which in the opinion of the local authority is offensive or is injurious to health; and

(m) to prohibit, regulate, inspect, supervise and license the keeping of, and to seize, destroy and dispose of, animals, birds or fish within the local authority area.

(2) Notwithstanding any other provision in this Act, a local authority shall not make, amend or revoke any by-laws in respect of sewage.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/74.Filthy house, etc.

74. Filthy house, etc.

 

Any owner, occupier or tenant of 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 and to a further fine not exceeding one hundred ringgit for each day during which the offence is continued after conviction.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/75.Power to enter and cleanse houses or buildings.

75. Power to enter and cleanse houses or buildings


(1) The Health Officer, or any officer authorized 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 direct 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 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 being a common lodging-house, without six hours' previous notice to the occupier unless with his consent.
 

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/76.Destruction of rats and mice

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 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 upon the premises and take such measures as it considers necessary for carrying out the purposes of this section.
 

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/77.Closing and demolition, etc., of insanitary dwellings.

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.

(2) The notice shall specify the period, which shall not be less than seven days, within which the work is to be completed.

(3) If the notice has not been complied with, a Magistrate's Court may, on the application of the local authority, make a mandatory order requiring the owner to carry into effect all or any of the things specified in the said notice.

(4) Any person who without the express sanction in writing of the local authority replaces any partition, erection or obstruction removed under subsection (1)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 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 upon such premises and remove such partition, erection or obstruction.

(5) The local authority may for the purpose of carrying out the provisions of subsection (1),by notice to be posted in a conspicuous position upon the building, require the owner or occupier, as the case may be, to cease to inhabit the building and to remove all goods, furniture and effects from the building within forty-eight hours from the posting of the notice, or within such extended period as the local authority may allow.

(6) The owner and every occupying tenant shall thereupon comply with the requirements of the notice.

(7) Any owner or occupier in default shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one thousand ringgit for each day during the period in which he has failed to comply with the requirements of the notice.

(8) Notwithstanding subsection(7) , at the expiration of forty-eight hours from the posting of the notice or such extended period under subsection (5) , the local authority may remove all goods, furniture and effects from the building.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/78.Overcrowding of houses

78. Overcrowding of houses

Any person who permits a house 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 and to a further fine not exceeding one hundred ringgit for each day during which the offence is continued after conviction.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/79.When house to be deemed "overcrowded"
 
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

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/80.Nuisances to be abated
 
80. Nuisances to be abated

The local authority shall take steps to remove, put down and abate all nuisances 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/81.Nuisances liable to be dealt with summarily under this Act
 
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 flies 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 manufacturing drink for the use of man and which is so polluted or is likely to become a nuisance;

(g) any tank, well, pool, water-course, ditch or low marshy ground which is injurious to health or offensive to the neighbourhood or is likely to become a breeding place for mosquitoes;

(h) any fire-place or furnace and any chimney sending off smoke or other unconsumed combustible matter in such quantity as to be a nuisance;

(i) any brick-field, sandpit or any other kind of excavation which is injurious to health or offensive to the neighbourhood or used for any purpose likely to become a nuisance;

(j) any dust or effluvia caused by any trade, business, manufacture or process which is prejudicial to health or offensive to the neighbourhood; and

(k) any other matter declared by the State Authority to be a nuisance, shall be liable to be dealt with summarily under this Act.
 
Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/82.Notice requiring abatement of nuisance
 
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 nuisance had for the time being been abated if the local authority considers that it is likely to recur on the same premises.

(3) Where the nuisance arises from any want or defect of a structural character or where the premises are unoccupied, the notice shall be served on the owner.

(4) Where the person causing the nuisance cannot be found the local authority may itself abate the same and may recover the expenses thereof from the owner.

(5) Where a notice has been served on a person and such person makes default in complying with any of the requirements of the notice within the time specified, he 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 and in addition the Magistrate's Court may issue a nuisance order.

(6) A nuisance order may be an abatement order or a closing order or a combination of both.

(7) An abatement order shall require a person to comply with all or any of the requirements of the notice, or to abate the nuisance within a time specified in the order.

(8) An abatement order shall specify the works to be executed by such person for the purpose of abating the nuisance.

(9) A closing order shall prohibit a dwelling-house from being used for human habitation and shall be cancelled on the application of the local authority when it has been subsequently rendered fit for human habitation.

(10) Any person who fails to comply with the provisions of a nuisance 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.

(11) Notwithstanding subsections (5) and (10)the local authority may itself abate the nuisance and recover all expenses thereof from the person in default.

(12) Where a closing order has been made with respect to any dwelling-house, the local authority shall serve a copy of the order on every occupier of the dwelling-house and if he fails to comply with such order the local authority may, with the assistance of the police, eject the occupier therefrom.

(13) A notice, an abatement order and a closing order under this section shall be in Form B of the First Schedule, Form C of the First Schedule, and Form D of the First Schedulerespectively of the First Schedule hereto.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/83.Order for demolition of house unfit for habitation

83. Order for demolition of house unfit for habitation

(1) Where a closing order has been made in respect of any dwelling-house 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 the inhabitants of the neighbouring dwelling-house 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/84.Power to proceed where cause of nuisance arises outside local authority area

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 authorized 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/85-93.Omitted or Deleted Section

Part X FIRE SERVICES
 
85-93. Omitted or Deleted Section

(Deleted by Act 341).

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/94.Local authority may provide burial grounds and crematoria and issue licences for the same
 
Part XI BURIAL PLACES, 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/95.Penalty for unlawful burials

 

95. Penalty for unlawful burials

(1) Except as provided for in subsection 94(3), 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 94(1)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 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 remains of the corpse in respect of which the offence has been committed from the place where it has been buried or cremated to a burial ground or crematorium provided or licensed by the local authority under this Act; and

(b) to remove any structure erected in contravention of the provisions of this section and to restore the ground to its original state.


(2) Any person who refuses or neglects to obey such order 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 and to a further fine not exceeding one hundred ringgit for each day during which such offence is continued after conviction and the Court may order the execution thereof by the local authority at the expense of such person.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/96.Power to close burial grounds and crematoria
 
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 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/97.Exhumation of corpses

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 of a Magistrate's Court for the purpose of a judicial enquiry; or

(b) under a licence granted by the local authority authorizing 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 or causes to be exhumed or permits to be exhumed any corpse or the remains of any corpse contrary to the provisions of this section or who shall neglect or fail to observe any precaution prescribed as a condition of the licence to exhume or who fails to comply with any reasonable directions issued to him by a local authority for the purpose of preventing danger to the public health shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding one year or to both.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/98.Power to make by-laws

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 94(1) 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/99.Keeping of registers
 
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 liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding three months or to both.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/100.Non-application of other written laws

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 94(1) .

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/101.Further powers of local authority

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, gymnasia and community centres and to erect thereon any pavilion, recreation room or refreshment room or other buildings;

(iii) to support or contribute to the support of public parks, gardens, esplanades, recreation grounds, playing fields, children's playgrounds, open spaces, holiday sites, swimming pools, stadia, aquaria, gymnasia, community centres and charitable, religious, educational, social or welfare organizations or institutions;

(iv) to maintain or contribute to the maintenance of historical buildings or sites and acquire any land, with or without buildings, for the purpose of or in connection with the establishment of such public parks, gardens, esplanades, recreation grounds, playing fields, children's playgrounds, open spaces, holiday sites, swimming pools, stadia, aquaria, gymnasia and community centres or for the purpose of or in connection with the maintenance of historical buildings or sites;

(d) to execute works of such general advantage to the inhabitants of the local authority area;

(e) to layout and construct any square or open space the property of the local authority by any architectural scheme or ornamentation including the erection of statues, fountains or other structures;

(f) to establish, erect and maintain public monuments and memorials and to make and receive grants of money towards the establishment or maintenance thereof;

(g) to establish, acquire, erect, construct, maintain, assist, promote, control and make or receive grants of money in respect of--

(i) public libraries, art galleries and museums;

(ii) botanical and zoological gardens and aquaria, within or without the local authority area limits:

Provided that the local authority may decide that the general management, regulation and control of any such institution established or acquired by the local authority shall be vested in and exercised by such persons whether or not members of the local authority as the local authority may from time to time appoint for that purpose;

(h) to sponsor, establish, maintain, control, hire and contribute to bands for musical and theatrical perances in public places and at local authority or public functions and generally to provide public entertainment in such places and at such functions;

(i) to establish, erect and maintain public weighing machines and to supervise and control weights and measures;

(j) to establish, erect, maintain, supervise and control waterworks, public baths, bathing-places, laundries and washing-places, drinking-fountains, tanks and wells;

(k) to arrange for the lighting of public streets and public places;

(l) to establish and maintain an ambulance service;

(m) to acquire, establish, erect, maintain and control either by itself or jointly with any body or other authority, clinics and public dispensaries within or without the local authority area, and to prescribe fees for treatment therein;

(n) to establish, erect and maintain animal infirmaries;

(o) subject to the provisions of any law relating to road traffic, to establish, acquire, maintain and carry on within or without the local authority area public transport services;

(p)(i) to erect and maintain shops and dwelling-houses and flats and to sell, let or otherwise dispose of the same;

(ii) to convert the use of buildings and to alter, enlarge, repair and improve the same;

(iii) to make advances of money for the purpose of enabling residents in the local authority area and officers and employees of the local authority to acquire or to erect dwelling-houses, flats, shophouses, or industrial or commercial buildings and to recover such advances with interest thereon by instalments or otherwise as the local authority may in its discretion arrange, within or without the local authority area;

(q) to acquire, develop and maintain land for the purpose of industrial estates and the disposal thereof;

(r) to sell, lease or otherwise dispose of any movable or immovable property of the local authority:

Provided that--

(i) no sale or other alienation of immovable property shall take place without the consent of the State Authority;

(ii) all moneys received by the local authority from the sale or other alienation of property shall be credited to the Local Authority Fund;

(s) to acquire, purchase or to take on lease any land, or any other property, right or interest within or without the local authority area which may be necessary for the purposes of this Act;

(t) to provide and maintain either within or without the local authority area housing accommodation, including convalescence or holiday houses, clubs and playing fields for officers and employees of the local authority;

(u) to provide assistance financially or otherwise to Councillors, officers, employees and other persons for the pursuit of approved courses of study or practical training upon such terms and conditions as the local authority may decide to impose;

(v) to do all things necessary for or conducive to the public safety, health and convenience;

(w) to pay any salaries, allowances and gratuities and to make any contributions to any Superannuation or Provident Fund;

(x) to grant loans to officers and employees for the purpose of purchasing motor vehicles or bicycles upon such conditions as may be approved by the local authority;

(y) to pay to Councillors, officers and employees on duty or for attending meetings, conferences and seminars organized for local government administration such travelling, subsistence and other allowances at such rates as may from time to time be decided by the local authority;

(z) to pay the medical expenses incurred by any Councillor, officer or employee;

(aa) to advertise and give publicity to the attractions, amenities and advantages of the local authority area and its environs and to contribute to and receive grants and donations for the purpose of the encouragement of tourism;

(bb)(i) subject to the provisions of the Electricity Supply Act 1990 [Act 447], to establish, acquire, construct, equip and carry on, within or without the local authority area, works for supplying the inhabitants thereof with light, heat and power, and to supply electricity for all purposes for which the same can be used to or in respect of any land, building or premises within the local authority area;

(ii) to supply electricity to any person carrying on business or residing without the local authority area;

(iii) to enter into contracts with the local authority of any adjoining area to supply electricity to such local authority upon such terms and conditions as may be agreed upon;

(iv) to sell electric lines, fittings, apparatuses and appliances to consumers;

(cc) to require the owner or occupier of any premises to do any of the following acts:

(i) to remove, lower or trim to the satisfaction of the local authority any tree, shrub or hedge overhanging or interfering in any way with the traffic on any road or street or with any wires or works of the local authority or which in the opinion of the local authority is likely to endanger the public safety or convenience and in the event of any tree situated in private premises falling across any public road or street the local authority may remove the fallen tree and the expenses incurred shall be charged on and recoverable from the owner or occupier thereof;

(ii) to remove any dilapidated fence or structure abutting upon any public place and if such owner or occupier fails to comply with any such request any authorized officer of the local authority may enter upon the said premises and carry out such work and the provisions of section 115 shall apply to the expenses incurred thereby;

(dd) to enter into any contract with any other local authority or with any person to secure or further the carrying on without the local authority area of any work or undertaking which the local authority is authorized to carry on;

(ee) subject to the consent of the appropriate authorities, and to the provisions of any law relating to water rights, to divert, straighten, define and canalize the course of any stream, channel or watercourse after giving notice and making compensation to any owner or occupier of land, and to any person entitled to any rights or easements attaching to land abutting on such stream or watercourse:

Provided that in arriving at the amount of any compensation payable regard shall be had to the enhanced or improved value, immediate or prospective, which may accrue to any such land by reason of the carrying out of the said purpose or any of them and the amount of such compensation shall, in default of agreement, be settled by arbitration;

(ff) to do all things necessary for carrying out all the provisions for and in regard to which the local authority is empowered from time to time to make by-laws, standing orders, rules and regulations, and for carrying out all such by-laws, standing orders, rules and regulations into effect;

(gg) to carry out any development, either by itself or with any other local authority or person, for residential, commercial, industrial or any other undertaking which the local authority may determine; and

(hh) to incur all expenditure necessary for civic receptions authorized by the local authority or for the carrying out of any purpose of this Act or of any purpose not specially provided for in this Act which the local authority may determine to be a purpose calculated to facilitate or is conducive to or incidental to the exercise by the local authority of its powers and duties under this Act.
 Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/102.General power to make by-laws


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/102A.By-law, etc., may prescribe fees and charges

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/103.By-laws to be confirmed by State Authority

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/104.Penalties for breaches of 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 to both and in the case of a continuing offence a sum not exceeding two hundred ringgit for each day during which such offence is continued after conviction.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/105.Power to demand monetary deposits from applicants for permits
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/106.Publication of by-law, rule or regulation in the Gazette constitutes notice
 

 

106. Publication of by-law, rule or regulation in the Gazette constitutes 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/107.Licences.

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.

(1AAny 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.

(2AThe 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 licence shall be valid for a period not exceeding three years.

(5) Every person to whom a licence has been granted shall exhibit his licence at all times in some prominent place on the licensed premises and shall produce such licence if required to do so by any officer of the local authority authorized to demand the same.

(6) Any person who fails to exhibit or to produce such licence under subsection (5)shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding six months or to both.

(7) For the purpose of subsection (5) or (6)any reference to the word "licence" shall include its certified true copy.

(8) The certification of any licence as a true copy shall be made by the President, Secretary or any officer authorized by the President in writing.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/108.Notices, etc.

108. Notices, etc.

(1) Notices, 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 served by delivering the same to some adult person on the premises or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by fixing the same on some conspicuous part of the premises.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/109.Default in compliance with notice or order
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/ LOCAL GOVERNMENT ACT 1976 ACT 171/110.Power to enter premises
 
110. Power to enter premises

Any officer of a local authority duly authorized 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/111.Officer may demand names and addresses
 

 

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, if known.

(2) Any person who refuses to give or wilfully misstates 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/112.Penalty for obstructing Councillor and others

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/113.Recovery of expenses
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/114.Expenses and costs payable by owners
 

 

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 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/115.Recovery of expenses or costs from persons in default

 

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 the owner of the premises from the owner thereof in the manner provided under section 114 .

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/116.Recovery of charges for local authority services
 

 

116. Recovery of charges for local authority services

(1) All moneys due to a local authority for local authority services shall be 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/117.Recovery by instalments
 
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 arrears, shall immediately become due and payable and, notwithstanding any change in the ownership or occupation of the premises, may be recovered by the same means and in like manner as an arrear of rates.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/118.Compensation, damages and costs to be determined by courts of competent jurisdiction

 

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/119.General penalty
 
119. General penalty

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

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/120.Local authority may direct prosecution
 
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 authorized in writing by the local authority or any officer of the local authority may conduct any such prosecution.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/121.Power of arrest

 

121. Power of arrest

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

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

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

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

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/122.Books of local authority to be prima facie evidence of sums due
 

 

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 authorized thereto by such local authority shall, in any proceedings for the recovery of any fee, or charge payable under this Act or under any by-law, rule or regulation, be prima facie evidence of the amount so due.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/123.Liability for acts and omissions

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, general manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity, shall be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that having regard to the nature of his functions in that capacity and to all the circumstances he took all reasonable means and precautions to prevent the commission of the offence.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/124.Public Authorities Protection Act 1948

124. Public Authorities Protection Act 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/125.Protection of Councillors, officers and employees from personal liability
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/126.Officers to be public servants

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 ].

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/127.Power to impose rates
 
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

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/128.Further rates

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/129.Division of area and holding for rating purposes
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/130.Basis of assessment of rate


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 or 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) (Deleted by Act A865); 

(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) (Deleted by Act A865); 

(c) one per centum of the improved value in the case of rates imposed under section 132. 

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/131.Omitted or Deleted Section

131. Omitted or Deleted Section

(Deleted by Act A865).

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/132.Drainage rate
 
132. Drainage rate

The drainage rate may be imposed to meet the cost of the construction of any drainage system.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/133.Duration of rate
 
133. Duration of rate

The rates referred to in sections 127and 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/134.Exemption from rates
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/135.Exemption or reduction of rate
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/136.Minimum rate payable
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/137.Preparation of Valuation List
 
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 144shall 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.
 

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/138.Designation if name of owner unknown

138. Designation if name of owner unknown

Where the name of the owner or 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/139.Joint or separate valuation
139. Joint or separate valuation

The Valuation Officer may at his discretion value any holding or holdings jointly or separately

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/140.Returns may be required
 

 

140. Returns may be required

(1) In order to enable the local authority 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 any person appointed by it from entering, inspecting or surveying any such holding, shall be liable on conviction to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding six months or to both.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/141.Notice of new Valuation List to be published

141. Notice of new Valuation List to be published

(1) Where any Valuation List has been prepared or adopted under the provisions of section 137the 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 first time valued or the valuation thereon has increased the local authority shall also give notice to the owner or occupier thereof.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/142.Objections

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 authorized agent.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/143.Confirmation of new Valuation List

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 holdings 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 determined before the Valuation List is confirmed it shall be heard and determined as soon as possible thereafter and with the like consequences as if it has been heard and determined before the Valuation List was so confirmed, and until the objection has been heard and determined the increase in valuation or new valuation objected to shall not be deemed to be in force and the old rates shall continue to be payable.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/144.Amendments to Valuation List

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 have been valued separately or otherwise;

(e) the issue of any new titles in respect of any holdings;

(f) any change to the rateable holding effected by any law relating to planning as a result of which the value of the holding has been increased or decreased, the Valuation Officer may at any time amend the Valuation List accordingly and rates shall be payable in respect of the holding in question in accordance with the Valuation List so amended.

(2) Notice shall be given to all persons interested in the amendment of a time, not less than thirty days from the date of service of such notice, at which the amendment is to be made.

(3) Any person aggrieved by the amendment of the Valuation List on any of the grounds specified in section 142may make objection in writing to the local authority not less than ten days before the time fixed in the notice and shall be allowed an opportunity of being heard in person or by an authorized agent.

(4) Any amendment made under this section may, at the discretion of the local authority, have regard to the level of annual values or improved value prevailing as at or about the time the current Valuation List was prepared.

(5) Any amendment made in the Valuation List in accordance with this section shall be confirmed by the local authority.

(6) Where on account of any amendment in the Valuation List the rate payable in respect of any holding is enhanced, reduced or extinguished, the new rate shall be payable, or the rate shall cease to be payable, from the commencement of the next half year or such earlier date as the local authority may determine.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/145.Appeals

145. Appeals

(1) Any person who having made an objection in the manner prescribed by section 142or 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 provisions of any written law for the time being in force relating to appeals in civil matters from the High Court in its appellate jurisdiction to the Federal Court shall apply.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/146.Rates to be first charge

146. Rates to be first charge

All rates shall be paid by the persons who are the owners of the holdings for the time being, and until so paid shall, subject to the provisions of the National Land Code [Act 56 of 1965], 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/147.Proceedings in default

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 of 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 .
 

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/148.Proceedings for recovery of an arrear

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 First Schedule hereto, to the person in possession of the property at the time of attachment:

Provided that where in the opinion of the officer executing the warrant the value of the movable property to be attached is of a lesser value than the arrear to be recovered or there is no movable property to be attached as in the case of a holding which is vacant or unoccupied no such inventory need be made and in such a case he shall affix a notice in Form H of the First Schedulehereto on some conspicuous part of the holding or any one of the holdings in respect of which the arrear is due to the effect that procedure for the recovery shall be instituted under section 151 .

(3) Such officer may break open in the daytime any house or building for the purpose of effecting such attachment.

(4) The fee for a warrant of attachment shall be of such amount as the local authority may fix from time to time and shall be costs of the attachment.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/149.Sale of property attached

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/150.Application of proceeds of sale

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/151.Attachment and sale of holding

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 authorized 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 person claiming such surplus, pay the amount thereof to him, and if he is not so satisfied, shall place the amount on deposit in the Treasury to be held in trust for the person who may ultimately succeed in establishing his claim thereto.

(4) The local authority may in its discretion refrain from seizing and selling, or may release from attachment, any property lawfully seizable under section 148where such property is the property of the occupier, being a tenant, of the holding or of a person not liable to pay an arrear due in respect of such holding.

(5) Where the property is the property of a tenant-occupier, the local authority shall refrain from seizing and selling or shall release from attachment such property:

Provided that the tenant-occupier pays to the local authority the rent of such holding as it falls due until the arrear is satisfied or until the termination of his tenancy and in any such case, notwithstanding anything contained in subsection (1), such holding may be attached and sold.

(6) The amount of any rent paid by a tenant-occupier to the local authority under subsection (5) may be deducted by such tenant-occupier from the next and following payments of rent to the owner of the holding.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/152.Recovery of costs

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/153.Power to stop sale
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/154.Objection to attachment
 
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 movable 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/155.Recovery of rates paid by occupier

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/156.Arrear may be sued as debt
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/157.Evidence of rates
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/158.Assessment, etc., not to be impeached for want of form
 
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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/159.Liability of owner on subdivision or amalgamation of holdings

159. Liability of owner on subdivision or amalgamation of holdings

Whenever holdings are subdivided or amalgamated the owner thereof shall be liable to pay until the end of the year in which subdivision 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 subdivision or amalgamation had not been made.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/160.Notice of transfer of rateable holdings
 
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 transferor 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 and for the performance of all other obligations imposed by this Part or by any by-law upon the owner of such holding which become payable or are to be performed at any time before notice of such transfer has been given or until the sale or transfer has been recorded in the books of the local authority.

(5) Nothing herein shall affect the liability of the purchaser or transferee to pay the rates in respect of such holding or to perform such obligation, or affect the right of the local authority to recover such rate or to enforce such obligation under this Part notwithstanding that such rates became payable or such obligations were imposed before notice of such sale or transfer had been recorded.

(6) Every person failing to give any notice 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/161.Notice of new buildings

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 on which 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 reoccupation 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 receipt of the notice, and if it is satisfied that the demolition is being properly and expeditiously carried out, order that the rates assessed in respect of any such holding be reduced and if already paid refunded proportionately to the amount of the assessment of the holding relating to the building or portion of the building being demolished or removed.

(5) Until such notice is given the owner shall continue to be liable to pay rates in respect of such holding as though such building or portion of a building had not been demolished or removed.

(6) Every person failing to give any notice 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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/162.Refund on unoccupied buildings

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 local authority--

(a) that such building is in good repair and fit for occupation;

(b) that every reasonable effort to obtain a tenant has been made;

(c) that the rent demanded is a reasonable one;

(d) that the building has been vacant during the whole period for which the refund is claimed:


Provided that when a refund is claimed in respect of a period during which the building has been undergoing repairs for the purpose of rendering it fit for occupation or for bona fide reconstruction it shall not be necessary to prove, in respect of such claims the matters specified in paragraphs (a), (b) and (c) .


(4) Claims shall state the dates on which the building was unoccupied and the address to which communications in reference thereto may be sent.

(5) For the purposes of this section the expression "building" includes-

(a) a self-contained flat in a building erected with the approval of the local authority;

(b) any whole floor in a building with separate means of access;

(c) floor space of not less than 1,000 square feet on the same floor of a building which may be let as an office, shop, factory, godown or other similar use.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/163.Provision for rating buildings on State or reserved land

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.
 

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/164.Saving

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.

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/165.Transfers of functions
 
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 to expenditure from the Local Authority Fund, and the payment of such expenses as may be authorized by the order shall be a purpose for which the local authority may borrow in accordance with the provisions of this Act.

(3) An order made under subsection (1) shall be laid before the Legislative Assembly of a State at its next meeting and shall, unless sooner revoked by the State Authority, continue to be in force until annulled by a resolution of the Legislative Assembly.
 

Unannotated Statutes of Malaysia - Principal Acts/LOCAL GOVERNMENT ACT 1976 Act 171/LOCAL GOVERNMENT ACT 1976 ACT 171/166.Repeal