Local government development minister Nga Kor Ming has NO power with regard to Local Government in States, maybe just Local Government in Federal Territories.
He simply can express his views but that is all - for the power really lies with the respective State Governments, who appoint the Mayor/President and Local Councils.
What Nga Kor Ming can do is really AMEND the Federal laws to enable Local Government elections - or really gives power to State Government to have or have not Local Council elections. Repeal Section 15(1) of Local Government Act to enable Local Government elections.
15 Provisions relating to local government elections ceasing to have effect -LOCAL GOVERNMENT ACT 1976(1) Notwithstanding anything to the contrary contained in any written law, all provisions relating to local government elections shall cease to have force or effect.
(2) All Councillors holding office immediately before the coming into force of this Act shall forthwith cease to hold office.
(3) For the purpose of this section, "Councillors" means-
(a) Members of Boards of Management appointed under subsection 4(1) of the *Local Government (Temporary Provisions) Act 1973 [Act 124];
(b) Councillors or Commissioners of Municipal Councils;
(c) Councillors of Town Councils, District Councils or Rural District Councils; and
(d) Members of Town Boards or Local Councils.
What Nga Kor Ming can do is amend the Federal Constitution to clearly determine the powers/jurisdiction of Local Governments...in the Constitution itself. Now the Constitution merely defines the Federal List and the State List. Should we also need a Local Government List?
OR Nga Kor Ming and PM Anwar can simply follow the then Barisan Nasional policies - let us not let people elect their wakil rakyat to government so that the State/Federal government can continue politically appointing their people as Mayor/President and Councillors OR he can be for restoration of democratic elections where people can vote in their representative to Local Government... Many feel Nga Kor Ming will just talk, and maintain the BN policies in the new government...PROVE US WRONG.
Nga Kor Ming can try to amend Federal Laws to make Local Governments independent - and not controlled by State or Federal government....
A MP or ADUN at present has no status or position in Local Government, so complaints to them about matters under Local Government is USELESS - for all they can do is try to move 'political appointed Councillors', who may be faithful to their 'political masters', to do the needful..
FLOODS, especially flash floods, are really caused by also the Local Government's failures in duties... should this responsibility for FLOOD MITIGATION specifically be included under the Local Council's duties and responsibilities.
Should provision of public transport, including bus - which includes doing it themselves be included as a specific role for Local Government >> That means the Local Council can have its own regular bus services for the members of the public within its jurisdiction?
3 Government - Only we vote for reps in 2, not the 3rd Government - REFORMASI?
There are 3 Governments, the Federal Government(MPs), the State Government(ADUNs) and the Local Government(The Local Councillors), and rightly the Rakyat(people) have rights to vote all their wakil rakyat to be MPs, ADUNs and/or Local Government(Local Council) - But Malaysians lost their 3rd Vote - the right to vote the Local Councillors in mid-60s, and still do not have that right returned.
Now, with regard to Local Governments(be Local Council, Town Board, Town Council, District Council, Rural Board, Municipal Council, City Council or Board of Management,...), it is the State government that chooses the Mayor/President and the at least 8 Local Councillors - POLITICAL APPOINTMENT. With regard to Federal Territories, the power to appoint Mayors and Councillors is with the Federal Government.
Local government development minister Nga Kor Ming really have NO POWER with regards to Local Government in the various States - only Local Governments in Federal Territories. Do we need a Local Government Development Minister at all, when there already is a Minister for the Federal Territories? Now, Anwar Ibrahim has not named a Federal Territories Minister - neither has he clearly indicated who will be in charge of the duties of the previous Federal Territory Minister >>> Reasonably, it must be Local government development minister Nga Kor Ming. If not, there is no other clear responsibilities for Nga save for the Local Governments in the Federal Territory.
Third Vote - Local Government Elections.
Whenever this issue is raised, some people worry that Chinese Malaysians will have political control of Local Governments, as there are a lot of Chinese Malaysians in towns..
FALSE - Local Government area goes beyond towns/cities to include also rural areas - and thus the population is really like the size of about a Parliamentary constituency and the population is multi-racial, with Malay Malaysians usually being the majority.
FALSE - When it comes to Local Government Elections, the area would best be divided into various constituencies where each constituency will vote one 'wakil rakyat' as their Local Government Rep or Local Councillor. Look at any Taman, which ethnic group is the majority..
Sometimes, I believe that it is agents of the State or Federal Government who may be trying dissuade the people from wanting Local Government Elections. WHY? So that they can simply put their 'YES Men' as Local Councillors, people who fear only the people with the power to appoint or remove them as Local Councillors, and not the ordinary people in the area of the Local Government who simply have no power to vote...
Now, in States in Malaysia - the Local Government is simply treated like another State Department - not as an independent Local Government elected by the people. It is seen just like the District Office and other State Departments > maybe LOCAL GOVERNMENT be abolished, and all its function and duties be put under the State government - LET IT THEN BE ANOTHER STATE DEPARTMENT - MAYBE PEJABAT PENTADBIRAN DAERAH?
The Local Government Map of Malaysia - we see the District Maps...we see the Parliamentary and State Legislative Assembly Constituency Maps > But where is the Local Government Map? Important, so that we know we live and work under which local government jurisdiction??? Maybe the Minister Nga Kor Ming can get this MAP done..
Maybe Nga Kor Ming could make sure we can find Local Government laws - different Local governments have their own law/regulations > but we cannot find this
Accounts - how much earned and how it was spent - Nga Kor Ming can maybe make sure these are made available to the public so we know where the money paid to the Local Government went >>> was it simply used for the personal benefit of Local Councillors and employees benefit? So many problems with unmaintained roads and signboards in Taman -- how was the thousands and millions collected annually spent? Every house and business premises pay annually rates to the Local Government ...
Should ADUNs and MPs be given the RIGHT to at least sit in (or better still participate) in Local Government meetings - at least our democratically people elected representatives can have a role in Local Governments???
LOCAL GOVERNMENT POWER and Authority
The power of appointment of Mayor/President is with the State Government.
After appointment, power goes to the Local Government(..the local authority) - 'The affairs of every local authority area shall be administered by a local authority ...' Section 8 Administration of local authority areas, LOCAL GOVERNMENT ACT 1976
State government's power with regard to Local Government - Section 9(1) The State Authority may from time to time give the local authority directions of a general character, and not inconsistent with the provisions of this Act, on the policy to be followed in the exercise of the powers conferred and the duties imposed on the local authority by or under this Act in relation to matters which appear to the State Authority to affect the interests of the local authority area, and the local authority shall as soon as possible give effect to all such directions..." In short, State Government can give directions and Local Government must follow. Note, Local government development minister Nga Kor Ming has NO power to give directions to Local Government.
The Mayor/President has more power than any other Councillors - as when other Councillors disagree with the Mayor/President, then the matter is referred to the State Government who decides... Odd, so no DEMOCRACY?
Section 10(7) If the Mayor or President does not agree with the other Councillors as to the exercise of any of his powers or of the powers of the local authority, he shall refer the matter to the Menteri Besar or Chief Minister of the State whose decision thereon shall be final and binding on the local authority.
- so, all the State Government have to do is to appoint 'their' Man/Woman to be Mayor or President - and even if all the other appointed Local Councillors decide in one way - the Mayor/President, maybe acting on the 'orders' of the Menteri Besar, need to use section 10(7)... Otherwise, decisions are based on simple majority..
Does Local government development minister Nga Kor Ming have any power? Really no with regard to State level Local Governments - only need to be consulted, and the State need not follow his views or directions...and that for Section 3 - Declaration and determination of status of local authority areas, which states as follows:-
For the administration of local government under this Act, the State Authority, in consultation with the Minister and the Secretary of the Election Commission, may by notification in the Gazette -
(a) declare any area in such State to be a local authority area;
(b) assign a name to such local authority area;
(c) define the boundaries of such local authority area; and
(d) determine the status of the local authority for such local authority area and such status shall be that of a Municipal Council or a District Council.
Local Government has many powers/responsibilities and also the power to make laws, enforce them, etc -
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 organisations 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 building 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 or 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;
(iii) 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 performances 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 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 organised 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 donation for the purpose of the encouragement of tourism;
(bb) (i) subject to the provisions of the Electricity Act 1949 [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 authorised 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 authorised 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 canalise 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 or 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 authorised 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 conductive to or incidental to the exercise by the local authority of its powers and duties under this Act.
Section 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 bylaws 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.
Nga Kor Ming tells Local Government Dept to improve PBTPay system
PUTRAJAYA, Dec 13 — The Local Government Department (JKT) has been directed to improve the PBTPay system in three aspects to improve the experience of consumers, enhance security information protection and providing activities to expand usage of the website.
PBTPay is the official one-stop payment portal of local authorities (PBT) developed by JKT to facilitate the public in making assessment payment, local government licences and compounds online.
Local Government Development Minister, Nga Kor Ming said the improvement is necessary as the digitisation of the public sector to boost productivity and efficiency has become a major trend in global development.
Following this, Nga said his ministry will continue to promote PBTPay for the benefit of users apart from ensuring more district and city councils join the portal, especially PBTs in Sabah and Sarawak.
“So far, 99 district and city councils throughout Peninsular Malaysia have participated in the PBTPay system with 2.4 million registered users,” he said in a statement here today.
According to Nga, PBTPay’s total
collection also showed a 32-fold increase from RM5 million in 2020 to
RM168 million this year. — Bernama, Malay Mail, 13/12/2022
Nga calls for strict action against ‘Sotong Ride’ fun fair operator
PUTRAJAYA: Local government development minister Nga Kor Ming wants strict action to be taken against the operator of an illegal fun fair in Puncak Alam where three people suffered injuries after being thrown out of a ride on Monday.
Nga said he received confirmation from the Kuala Selangor Municipal Council president that the operator did not have a licence for the fun fair.
“The fun fair did not get any permission to operate. Therefore, strict action should be taken on the operator for operating the fun fair illegally,” he said at a press conference at the fire and rescue department’s headquarters here.
Nga hoped that other fun fair operators would not risk operating illegally as it could endanger people’s lives.
Yesterday, Sinar Harian reported that two women and a child were injured after falling from the “Sotong Ride” at a fun fair in Puncak Alam.
Kuala Selangor police chief Ramli Kasa said the incident was being investigated under Section 6 of the Selangor State Entertainment & Places of Entertainment Enactment 1995 for operating without a licence.
Meanwhile, on a proposal by former housing and local government minister Zuraida Kamaruddin for a law to address racial discrimination in the property market, Nga said the ministry would study all proposals.
Commenting on the fire and rescue department’s preparation for floods, Nga said that 14,986 officers were ready to be deployed.
He added that 5,235 flood hotspots had been identified nationwide.
Earlier today, the meteorological department warned that the northeast monsoon would result in continuous rain for four days from Dec 17 in the east coast states of Peninsular Malaysia.
In a separate report in The Star, the department’s director-general
Helmi Abdullah said that the wet weather was expected to last until
early next year due to the monsoon and the La Nina cycle. - FMT, 14/12/2022
Big plans to improve infrastructure in Ipoh, says Nga
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IPOH: A multi-storey car park and a public market are among the long-term development projects planned to improve infrastructure around Ipoh, says the local government development minister Nga Kor Ming.
Nga said during his visit to the Ipoh Old Town area and the Kepayang state constituency, he found that the locals were seeking changes.
He said he had instructed the Ipoh mayor, Rumaizi Baharin, to submit a plan for the development of a multi-storey car park in Ipoh Old Town to overcome the problem of congestion that has plagued tourists and local residents for a long time.
“Next year, my ministry will also upgrade and repair the Ipoh Central Market, where the condition is deemed to be unsatisfactory. I found many problems such as poor cleanliness, blown lights and leaking roofs that need attention,” he said.
Nga, who is also Kepayang state assemblyman, was speaking during a press conference in conjunction with the inauguration of the constituency’s service centre here today.
He said he also held a discussion with Rumaizi regarding the Waller Court flats here – among the oldest in Malaysia – which are in a poor shape and require renovations.
“The Ipoh City Council will submit a redevelopment plan for this area so that it becomes a landmark which can then be protected,” he said.
In the meantime, a project to reconstruct Pinji Market, which was built in 1959, will be resumed after it was cancelled by the previous government.
“After visiting and seeing the dilapidated condition, I
agreed for a new, modern market to be built in Pasir Pinji. I hope it
can be completed by 2025 or 2026,” he said. - FMT, 12/12/2022
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