Main provision In the act 171 1976 relate to representatives function
SECTION 10 – COUNCILLOR
A number of subsections in Section 10 detail the appointment of Councillors in local
authorities as well as a few rules pertaining to this representative post. It is made clear in this
section that a local authority should be made up of a mayor or president who would oversee the
operation of the local government. Additionally, the number of councillors for the local authority
must be between eight and twenty-four. All of these jobs, including the Mayor and Council
members, must be filled using the State Authority's appointment authority. The State Authority may
designate any resident of that area who, in the state's opinion, possesses the credibility, experience,
and knowledge necessary for the administration of local government matters, as well as any person
who has any person who has received an honourable achievement in their prior occupation,
profession, or industry, as well as their credibility, experiences, knowledge of local government
matters or administration. A councilor's term of office or length of service cannot exceed three
years.
According to Section 10 of Law of Malaysia Act 171, a Councillor's seat should become
vacant upon acceptance of their resignation or if their appointment is terminated by the State
Authority because they were found guilty of a crime under Subsection 34(7). When a council
member's position becomes empty, the mayor or any other council members are required to notify
the state authority.
The Mayor or President may also refer a matter to the Chief Minister of the State, and any
decisions made after that will be binding on the local authority, according to a subsection under
Section 10 that explains the situation. In this case, the Mayor or President may not be satisfied by or
in agreement with the other Councillors regarding the matters of exercising his or her powers or any
powers related to local authority jurisdiction. Additionally, the Mayor or President may give the
Councillors a leave of absence if specific conditions have been met, such as
SECTION 11- DECLARATION BY COUNCILLORS BEFORE ASSUME THE OFFICE
It was stated in this section that until the statement of acceptance of the position as a
councillor was submitted, the councillor could not act in the office or perform his or her obligations
as a local government representative. The acceptance must be in First Schedule Form A, and that
particular form has to be exempt from stamp duty.
SECTION 12- COUNCILLOERS EXEMPT FROM SERVICE AS ASSESORIES OR JURORS.
Council members are exempt from liability or shall not be held accountable in any legal
procedure if they function as assessors or jurors, as was made clear in this provision. The Councillors
cannot represent each other as an assessor or juror in court or get involved in any other concerns or
affairs that fall outside of their sphere of authority. The council members should concentrate on
their area of responsibility as the local government's representatives and carry out their obligations
in the associated administration of local government.
SECTION 14-COMMON SEAL
In this section, Section 14(1)'s first subparagraph stated that each Mayor or President,
Councillor, and Secretary should have their own authenticated signature in the form of a common
seal that must be in the custody of the Secretary. The common seal must be official and legally
recognised, according to another clause.
SECTION 15- PROVISION RELATING TO LOCAL GOVERNMNET ELECTIONS CEASING TO HAVE EFFECT
According to Section 15 of the Act, local government elections must be stopped and their
effects prevented from being put into effect if any provisions or written laws conflict with those laws
or regulations in some way. It was made clear in another part of the same clause that any
Councillors who held office before the provision went into effect had to resign and were forbidden
from representing the local government. Finally, a subsection of Section 15 explains what Councillors
mean in terms of this clause, which states that they are the local authority's representatives at all
levels of local government.
PART 3 -OFFICERS AND EMPLOYEES OF LOCAL AUTHORITIES
SECTION 16-LIST OF OFFICES
This section is broken down into different subsections that each describe a different aspect
of the offices and local authority budget. The first paragraph described the local authority's
obligation to provide the State Authority with the yearly Local Authority Budget based on Section
55.To obtain the State Authority's approval about the list of offices that the local authority believes
may be compatible with this Act, including the salaries and allowances to be placed in the offices
accordingly, the local authority must submit this request. Following the list's approval by the State
Authority, it must go into effect until the new list is approved using the same procedure.
Additionally, the local government may request at any time for the list to be changed or added to by
the State Authority. If the modification or addition is accepted, it must be applied to the previously
implemented original list. This section also includes a portion that describes how offices may be
terminated or demoted. In the case of the Commissioner of the City of Kuala Lumpur, the Mayor or
President or his representative will have the authority to approve the removal of an individual from
office, a reduction in their rank, and the appointment of another individual to fill that specific
position.
PART 4- CINDUCT OF BUSINESS
SECTION 21- SPECIAL MEETING
The Mayor or the President may call a special meeting of the local authority at any time and
shall do so upon written request of a Member of the Council of not less than one-third. The day set
up for the extraordinary meeting must then occur within fourteen days of when the written request
was given. The reason for the extraordinary meeting must be stated in the notice before it is held.
No other topic can be discussed in the meeting after the notice has been given other what is stated
in the notice.
SECTION 22 – NOTICE OF MEETINGS
Each council member must be given notice of the location and time of each special meeting
involving the local authority, either directly to themselves or by sending a notice to their residence
or the address at which they conduct business at least 24 hours in advance of the meeting. The
meeting, however, cannot take place as it is invalid if notice of it cannot be delivered due to an error
in omission.
SECTION 25 -CHAIRMAN OF MEETINGS
The Mayor or the President of the local authority must preside over each special meeting
held by that body; if neither of them are present, the other Council Members present will designate
a chairman to serve in their place. In a second instance, the councillors present at the meeting must
choose one of them to serve as the meeting's chairman if neither the mayor, the president, nor the
deputy mayor or deputy president are present.
SECTION 28 – APPOINTMENT OF COMMITTEES
Any local government may occasionally appoint a Committee, whether it be a general or
special committee with a Chairman. The local authority may also choose members of the Council
and other individuals that it deems appropriate to serve on a Committee. The purpose of appointing
a committee is to investigate and report on any subject or carry out any action that, in the eyes of
the local government, should be handled by the committee that has been constituted. Additionally,
the duty may be assigned to any committee with the authority to set a quorum for any such body
and to exercise any other authority that the committee thinks appropriate, with the exception of the
authority to raise money through rates or loans.
SECTION 31 – VALIDITY OF ACT OF LOCAL AUTHORITY OFFICERS
All actions taken by the local authority or by anyone acting in the capacity of mayor, president,
secretary, council member, or another member of the local authority are valid and legal. This becomes
legal because, even if there was a little error in the appointment of any such person, even if the person
had been disqualified, it is as if they had been duly appointed and qualified.Nothing in this Act shall
be deemed unconstitutional only because there are fewer Council Members than required in a
particular location within the local authority.
SECTION 33 – EXAMPLE OF COUNCELLERS FROM PERSONAL LIABILITY
Nothing is important, nothing is done or not done, and the local authority does not enter
into any contracts. If the contract was entered into in good faith and was done so for the purposes
of this Act or the purposes of any by-law in effect in the local authority's jurisdiction, neither the
mayor nor the president, members of the council, officers, or other people acting under their
direction shall be held individually or jointly liable for any act or omission that was done or omitted.
Any costs made by the local government or any of these individuals must be covered by using money
from the Local Authority Fund, the local government.
SECTION 35 – RETRICTION
No member of the Council shall personally or through his partner or agent act in
anyprofessional capacity against the local authority of which he is a Member of the Council.These
regulations primarily concern the roles of representatives or Councillors in localgovernment.
These provisions of Act 171 (1976) show what a Councillor has to undertake as arepresentative or
what activities are restricted to do while serving as a Councillor in localgovernment. It ensures that
Councillors' functions are effective by following the provisions andAct 171 has helped to improve the
functioning of local government in terms of representation.