PAD320 Assignment Question 3 PDF

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FACULTY OF PUBLIC ADMINISTRATIVE SCIENCE AND POLICY STUDIESDIPLOMA IN PUBLIC ADMINISTRATION(AM110)LOCAL GOVERNMENT ADMINISTRATION(PAD 320)QUESTION 3:Discuss Local Authority Ordinance 1996. To what extent the ordinance has helped to improve the performance of local government in Sarawak. You need to ...

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FACULTY OF PUBLIC ADMINISTRATIVE SCIENCE AND POLICY STUDIES DIPLOMA IN PUBLIC ADMINISTRATION (AM110)

LOCAL GOVERNMENT ADMINISTRATION (PAD 320)

QUESTION 3: Discuss Local Authority Ordinance 1996. To what extent the ordinance has helped to improve the performance of local government in Sarawak. You need to address the main provisions in the Local Authority Ordinance 1996 that relate to its functions and financial powers.

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SUBMISSION DATE: WEEK 10 SEMESTER 5

TABLE OF CONTENT

1.0 Introduction of local authority ordinance 1996 1.1 This ordinance is to be applicable to all local authorities in the area and shall come into force on or after the date it is appointed.

1.2 Annual rateable value is the estimated gross annual rent that the landlord would be expected to pay for the maintenance and repairs of the dwelling. 2.0 Discuss how Local Authority Ordinance 1996 help to improve Financial Power in Sarawak? 3.0 Functions of the main provision in local authority ordinance 1996 3.1 Environment 3.2 Social 3.3 Public 3.4 Development

4.0 General financial provisions of local authority ordinance 1996 5.0 Conclusion 6.0 References

1.0 Introduction of local authority ordinance 1996 In Sarawak, the local authorities were established through provisions under the Local Authorities Ordinance 1996.This Ordinance is a successor to part of the legislation previously enacted under the Local Government Ordinance 1948. In addition, other laws governing the duties of local authorities are the Building Ordinance 1994, Protection Ordinance Public Health 1999 as well as the by-laws thereunder. Meanwhile, local authorities in the Kuching division were established through the Kuching Municipal Ordinance 1988 and also the North Kuching City Ordinance 1988. Under this ordinance, three local authorities were formed, namely, North Kuching City Hall, South Kuching City Council (MBKS) and the Council Padawan Municipality. MBKS and Padawan Municipal Council were then placed under the provisions of the Local Authorities Ordinance 1996. The Ministry of Environment and Public Health is given the responsibility of overseeing the travel of local authorities in the state.

Under this ordinance, the local authorities in Sarawak will applicable to all local authorities in the area and shall come into force on or after the date it is appointed. the local authorities (LA) are part of the constitutional structure of the State Government and they are confined with the authority as prescribed in the Local Authorities Ordinance, 1996. The Local Authorities Ordinance, 1996 had come into force on January, 1998 and was intended to consolidate the laws on local authorities and to repeal the previous Local Authority Ordinance, 1977. The Ordinance touches on the constitution of any local authority, its composition and organization, for the Councilors as their policy maker or the officers who are the implementers, running the daily business of any local authority. It also covers financial provision for the local authority in general, including its account and audit. Hence, Local Authorities Financial Regulations, 1997 were formulated to regulate and control the conduct and administration of the Local Authority's finances and any other activities related thereto. ` Furthermore, this local government ordinance has defined the role of all authorities in their local government. Each instrument establishing an Authority, if approved or necessary by this Ordinance to be incorporated into an instrument there specify the

name of the Authority and the date on which it shall be created. However, every authority established under the provisions of this Ordinance shall be a body corporate having perpetual succession and a common seal and shall be capable in law of suing and being sued in its corporate title and of purchasing, holding and selling movable and immovable property.

2.0 Discuss how Local Authority Ordinance 1996 help to improve Financial Power in Sarawak? In Sarawak, the local authorities (LA) are part of the constitutional structure of the State Government and they are confined with the authority as prescribed in the Local Authorities Ordinance, 1996, The Local Authorities Ordinance, 1996 had come into force. On January, 1998 and was intended to consolidate the laws on local authorities and to repeal the previous Local Authority Ordinance, 1977. The Ordinance touches on the constitution of any local authority, its composition and organization, for the Councillors as their policy maker or the officers who are the implementers, running the daily business of any local authority. It also covers financial provision for the local authority in general, including its account and audit. Hence, Local Authorities Financial Regulations, 1997 were formulated to regulate and control the conduct and administration of the Local Authority's finances and any other activities related thereto.

The supervisory responsibility of the LA is entrusted to the Ministry of Local Government and Community Development (MLGCD). The Ministry is responsible to monitor and ensure that the LA exercise their powers within the provisions of the laws nor exceed their jurisdictions. The Ministry is also responsible to secure sufficient fund from the State Government to assist the LA to implement their development program and deliver their services to the community. LA also received statutory grants from the Federal Government. The Ministry is responsible to the 23 councils known as Miri City Council, Sibu Municipal Council, Padawan Municipal Council, Bau District Council, Lundu District Council, Samarahan District Council, Serian District Counci I, Simunjan District Council, Sri Aman District Council, Lubok Antu District Council, Betong District Council, Saratok District Council, Luar Bandar Sibu District Council, Kanowit District Council, Maradong & Julau District Council, Kapit District Council, Dalat & Mukah District Council, Matu & Daro District Council, Sarikei District Council, Marudi District Council, Subis District Council, Lawas District Council & Limbang District Council (MLGCD, 2011)

According to Part V, General Financial Provision, Local Authorities Ordinance 1996, Section 39, the revenue of a local authority shall consist of all taxes, rates, levies, rents, licence fees, dues and other sums or charges payable to the local authority by virtue of this Ordinance or of any written law, All charges or profits derived from services rendered or undertaking carried on by the local authority under the powers vested in it, all interest accrued on any monies invested by the local authority and all income arising from or out of the property, both movable or immovable, of the local authority, all other revenue accruing to the local authority from the Government of the Federation or of the State Government of Sarawak or from any statutory body, other local authority or from any other source, as grants, loans, contributions, endowments or otherwise and Such other revenues as the Majlis Mesyuarat Kerajaan Negeri may, with the approval of Dewan Undangan Negeri signified by resolution, declare to be the revenue of the local authority.

3.0 Functions of the main provision in local authority ordinance 1996: 3.1 Government The local authorities (LA) in Sarawak are part of the state government's constitutional structure, and they are limited in their authority by the Local Authorities Ordinance, 1996. The Local Authorities Ordinance, 1996, went into effect in January 1998, with the goal of consolidating local government laws and repealing the previous Local Authority Ordinance, 1977. The Ordinance covers the formation, composition, and organisation of any LA, as well as the role of Councillors as policymakers and officers as implementers in the day-to-day operations of any LA. It also includes financial planning for the LA as a whole, as well as accounting and auditing. As a result, the Local Authorities Financial Regulations of 1997 were created to regulate and control the conduct and administration of the LA's finances, as well as any other related activities. The cleanliness of public places is one of the functions of Local Authorities (LA) for the public. So far as is reasonably practicable, the Chief Administrative Officer shall cause public roads to be properly swept, cleansed, and watered, and refuse and filth of any kind found thereon to be collected and removed. It is the responsibility of the owner and occupier to keep private roads adjacent to their property clean. The owner and occupier of any premises abutting upon any private road to which they have access or the right of access from such premises shall cause such portion of the road as fronts, adjoins, or abuts on their premises and up to the centre thereof, including the footways, to be properly swept, cleansed, and watered, and refuse and filth of every kind found thereon to be collected and removed, as far as is reasonably practicable. The immediate vicinity of any premises, including the footways and backyards abutting thereon, as well as the airwells, courtyards, and guadrangles thereof, shall be kept clean and free of refuse, filth, or other matter, as well as any accumulation of water. By written notice, the Chief Administrative Officer may require any person who is subject to a duty to sweep, clean, and water such road, footpath, or backyard, as well as collect and

remove the refuse, filth, and other matter found thereon at the time or times specified in the notice.

3.2 Development Furthermore, the development. The expansion of British influence in the region coincided with the development of local government in Malaysia. It started in Peninsular Malaysia and spread to Sabah and Sarawak later. Its development can be divided into two distinct periods: before and after local government restructuring. Prior to restructuring, the concept of local government was first introduced in Malaysia in 1801 with the establishment of the Committee of Assessors, an ad hoc voluntary body. The body was tasked with overseeing Penang's planning and development. The Committee of Assessors was established in 1827. District Councils were established to administer smaller towns and rural areas under the Local Authority Ordinance of 1948. The process of local government restructuring dominated development in the 1970s. It was prompted by a report prepared by a Royal Commission of Enquiry appointed in 1965 to look into the workings of local governments in Peninsular Malavsia. The Malaysian government decided to restructure all local governments in Peninsular Malaysia due to malpractices and maladministration in the administration of local governments. Several other factors contributed to this decision, including shifting priorities in local government objectives, a lack of revenue, limited functions, and small and inefficient administrative areas. In 1974, an interim local government act was enacted, which kicked off the process. The introduction of the Board of Management in the management structure of individual local authorities was the main focus of the Act. The Board of Management was supposed to take the place of the Council. Later, in 1976, a new act known as the Local Government Act (Act 171) was enacted to begin a comprehensive restructuring of the country's local government system. The Act advocated the establishment of only two types of local authorities, namely the Municipal Council and the District Council, due to the serious gap and deficiency between the various local authorities, The restructuring process was somewhat slow because it was dependent on the initiative of individual state governments.

Nonetheless, in Peninsular Malavsia, about 90 local authorities have been successfully restructured to date. The enactment of other related acts, such as the Town and Country Planning Act of 1976 (Act 172) and the Street, Drainage, and Building Act of 1974, accelerated the restructuring process (Act 133). The Town and Country Planning Act of 1976 outlined the planning responsibilities of local governments, including the creation of structure and local plans for their respective areas. The Street, Drainage, and Building Act establishes guidelines for local government development control. These acts, along with the Local Government Act of 1976, provided a solid foundation for the restructuring of local governments in Peninsular Malaysia. The formation of a special committee appointed by the State Government in the late 1970s attempted to review the structure of local government in Sarawak. Several local governments have been upgraded to municipal status, despite the fact that no restructuring has yet taken place. Similarly, the Sabah State Government has elevated three local governments to municipal status, similar to that of Kota Kinabalu Municipality. The towns of Labuan, Tawau, and Sandakan were among them. Moreover, the restructuring process may allow local governments to play a larger role in the country's development. 3.3 Environment After that is Environment. To start with the environment context, to the powers of making bylaws expressly or impliedly conferred upon it by any other provisions of this Ordinance, and subject to sections 92 and 93, every local authority may from time to time make, amend and revoke bylaws in respect of all such matters as are necessary or desirable for the maintenance of the health, safety, quality of life 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. Firstly, to regulate the repairing, cleaning, watering, and lighting of streets, roads, canals and bridges. To regulate license, restrict, prohibit or remove the exhibition of advertisements. To regulate the planting, preservation and removal of trees, flowers and shrubs in public places. Other than that, 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. to provide for the establishment, regulation and management of any public park, walk, recreation and pleasure ground, garden, swimming pool, lake, stadium, library, art gallery,

museum, theater, restaurant, hall, assembly room, or aquarium under the control of the local authority by virtue of this Ordinance and any other written laws. 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. To control and supervise by registration or licensing. Including in proper cases by prohibition, a trade business or industry which is an obnoxious nature, or which could be a source of nuisance to the public or a class of the public. To control and regulate land or building used for the keeping or rearing of livestock’s and animals. In Power 104, A local authority shall have power to do all or any of the following things. To establish, maintain and carry out such sanitary services for the removal and destruction of or otherwise dealing with night soil, slops, rubbish, litter, dead animals and all kinds of refuse waste and effluent. Establish erect and maintain to let control and license markets and market buildings, lodging houses, houses, rooms, or buildings kept for public refreshment, shops, stalls and stands to control the occupation and use thereof. After that, to establish erect and maintain public lavatories closets and urinals either above or below ground in any public place and to impose such fees or charges for the use and to safeguard and to promote the public health to take all necessary and reasonably practicable measures. For that, it is for preventing the occurrence of any infectious communicable or preventable disease and maintaining its area in a clean and sanitary condition. Lastly, is Duty to maintain public parks and greens. Subject to any order or direction issued by the Natural Resources and Environment Board or any rules made under the Natural Resources and Environment Ordinance [Cap. 84 (1958 Ed.)], a local authority shall assist the said Board in maintaining the environment in its local authority area and shall landscape and beautify. 3.4 Social Other than that, the functions of Local Authorities (LA) is about Social. Every local authority may from time to time appoint Committees, either of a general or special nature, consisting of a Chairman and such number of Councilors and such other persons as the local authority may think fit, for the purpose of examining and reporting upon any matter or performing any act which in the opinion of the local authority would be more conveniently performed by means of a Committee, and

may delegate to any Committee such powers, other than the power to raise money by rates or loans, as it may think fit, and may fix the quorum of an any such committee. After that, standing orders proceedings of local authorities, Every local authority may subject to this Ordinance from time to time make standing orders for regulating its proceedings and those of any Committee thereof for preserving order at its meetings or at the meetings of any Committee thereof and for regulating the duties of the Councilors and the transaction of its affairs. Other than that, Validity of acts of local authority officers. All acts of the local authority or of any person acting as Chairman, Deputy Chairman, Councilor, Secretary or any other officer of the local authority shall notwithstanding that it be discovered that there was some defect in the appointment of any such person or that he was disqualified be valid and effectual as if such person had been duty appointed and qualified. Nothing done under this Ordinance shall be invalid by reason only that the number of Councilors in a local authority

4.0 General financial provisions of local authority ordinance 1996. A local authority may do any or all of the following: erect, maintain, and keep in repair buildings as may be required for local government purposes and for the accommodation of local government employees. A local authority's revenue shall consist of all taxes, rates, levies, rents, licence fees, dues, and other sums or charges payable to the local authority under this Ordinance or any written law, which means all charges or profits derived from services rendered or undertakings carried on by the local authority under the powers vested in it. In addition, interest on any funds invested by the local authority, as well as all income derived from or derived from the local authority's property, both movable and immovable, are included and any other revenue derived by the local authority from the Government of the Federation or the State Government of Sarawak, or from any statutory body, other local authority, or any other source, such as grants, loans, contributions, or endowments. Aside from that, such other revenues as the Majlis Mesyuarat Kerajaan Negeri may declare to be the revenue of the local authority, with the approval of Dewan Undangan Negeri signified by resolution. However, there are a few examples that can be used as general financial provisions, which are, first and foremost, the Local Authority Fund and the Local Treasury. To be more specific, it means that all moneys received by a local authority on its own behalf by virtue of this or any other written laws shall constitute a fund known as the Local Authority Fund, and shall be administered from an office known as the Local Treasury, and shall, along with all property vested in the local authority, be subject to the direction and control of the local authority subject to this Ordinance. All orders or cheques drawn on the Fund must be signed by two officers who have been authorised in writing by the local authority. Any such funds may be invested in any securities that trustees are authorised to invest in under the Trustee Act 1949 [Act 208], or in any other manner authorised by the Minister. Notwithstanding