FEDERAL CAPITAL ACT 1960

The Yang di-Pertuan Agong may by notification in the Gazette from time to time divide the City into districts or other sub-divisions and exempt from the operation of this Act or of any written law affecting the City such place or places within the boundaries of the City as may be specified in such notification.

Any exemption under subsection (3) shall not exempt any person residing within any such place from the operation of any written law relating to rates or taxation.

The Commissioner shall be appointed by the Yang di-Pertuan

Agong for a term of five years or, if the Yang di-Pertuan Agong in any particular case so determines, for such shorter term as may be so determined.

Subject to this Act, the Commissioner shall hold office upon such conditions as the Yang di-Pertuan Agong may from time to time determine.

If at any time it appears to the Yang di-Pertuan Agong that the removal from office of any person holding the office of

Commissioner is necessary in the interests of the effective administration of the affairs of the City, he may, without assigning any reason therefor, remove such person from office.

The Yang di-Pertuan Agong may from time to time accept the resignation of the Commissioner.

*NOTE—Amended in consequence of section 8 of the Constitution (Amendment) (No. 2) Act 1973 and the

Federal Capital (City Area) Order 1974 (P.U. (A) 42/1974).

Federal Capital 7

Where by or under this Act or any other written law the

Commissioner is empowered to exercise any powers or perform any duties he may by instrument in writing delegate, subject to such conditions and restrictions as may be prescribed in such instrument, the exercise of such powers or the performance of such duties to any person described by name or office:

Provided that nothing in this section shall apply to any power to make any subsidiary legislation conferred upon him by or under this Act or any other written law.

Where the Commissioner is prevented from carrying out his functions, exercising his powers, or discharging his duties by sickness, absence or any other cause, or where the office of the Commissioner is for any period vacant, the Secretary General of the Ministry of the Federal Territory, or such other public officer as may be authorized in writing by the Minister shall carry out the functions, exercise the powers and discharge the duties of the Commissioner.

Commissioner to be a body corporate

The Commissioner shall have an official seal which shall be authenticated by the signature of the person for the time being holding the office of Commissioner, or by any other person authorized by the Commissioner in that behalf.

The seal of the Commissioner shall be officially and judicially noticed, and every document purporting to be issued or made by the Commissioner and sealed with the seal of the Commissioner, authenticated as provided under subsection (2), shall in any litigation or proceeding be deemed to be so made or issued without further proof, unless the contrary is shown.

A certificate signed by the Commissioner certifying that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of the fact so certified.

ACT 190 8

Advisory Board

Subject to this Act and any regulations made thereunder, the meetings and procedure of the Advisory Board shall be determined by the Advisory Board.

All members of the Advisory Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Constitution of Advisory Board

The Yang di-Pertuan Agong may, subject to this Act, by regulations provide for the number, nature, appointment, term of office, qualifications, disqualifications, seniority and conditions of retirement of members of the Advisory Board, and for the meetings and procedure of the Advisory Board.

Commissioner to preside at meetings of Advisory Board

The Commissioner or other person presiding at any meeting of the Advisory Board shall cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.

Minutes

At every ordinary meeting of the Advisory Board the minutes of the last preceding meeting shall be confirmed, with or without amendment, as the case may require, before proceeding to the despatch of any other business.

Commissioner may act in opposition to Advisory Board

he shall record fully in writing, for inclusion in the minutes, the grounds and reasons for his decision; and

it shall be competent for any member of the Advisory

Board to require that there shall be recorded in the minutes any advice or opinion that he may have given upon the question in dispute, and the grounds therefor.

Public authorities protection

Subject to this Act and any order made under subsection 16(2), wherever in any written law, deed, document or other instrument, the operation of which has not lapsed or been discharged prior to the commencement of this Act, there appears the name of the Municipal Councillors of Kuala Lumpur, such law, deed, document or other instrument shall, unless the context otherwise requires, be read and construed as if there were substituted therefor the corporate name of the Commissioner.

Power of Minister to issue directions

The Commissioner shall furnish the Minister with such returns, accounts and other information with respect to the property and activities of the Commissioner as the Minister may from time to time require.

Annual report

The Minister shall cause a copy of every such report to be laid on the table of the Dewan Negara and the Dewan Rakyat.

Law Officers, etc., empowered to appear for Commissioner

to the Municipal Councillors of Kuala Lumpur or to the

President or to any Councillor thereof shall be construed as references to the Commissioner;

to the Ruler, Ruler in Council, State Authority or Legislative

Assembly shall be construed as references to the Minister, as the circumstances may require.

The Yang di-Pertuan Agong may within the period of two years beginning with the commencement of this Act by order amend, adapt or repeal any written law affecting the City and in force immediately before the commencement of this Act if he shall consider it expedient or necessary to do so for the purpose of bringing such written law into accord with this Act or of removing any difficulties arising with respect to the transitional provisions of this Act.

Transfer of property, etc.

All land immediately before the commencement of this Act vested in or reserved under any written law relating to land for the purpose of the Municipal Councillors of Kuala Lumpur shall, upon the commencement of this Act, vest in or be deemed to be reserved, as the case may be, for the purpose of the Commissioner.

Existing contracts and proceedings

Subject to this Act, any proceedings or cause of action pending or existing immediately before the commencement of this

Act by or against the Municipal Councillors of Kuala Lumpur or any person acting on behalf of such Councillors may be continued or instituted by or against the Commissioner as it might have been by or against the Municipal Councillors of Kuala Lumpur or such person if this Act had not been enacted.

Continuance of agreements of service, etc.

The Constitution of the Municipality of Kuala Lumpur

[Sel. G.N. 351 of 1951], promulgated under section 4 of the Local

Authorities Elections Ordinance 1950, as from time to time amended, is hereby repealed, and any person who immediately before the commencement of this Act was the President or a Councillor of the Council established under the Municipal Ordinance and such

Constitution shall on the commencement of this Act cease to be such President or Councillor, as the case may be.

The Federal Capital (Municipal Elections) Ordinance 1958

[Ord. No. 32 of 1958], is hereby repealed.

ACT 190 14

Act 190

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 5/1968

Federal Capital (Amendment)

01-04-1968

Act 1968

Act 59

City of Kuala Lumpur Act 1971 01-02-1972

Act A206

Constitution (Amendment) (No. 2)

01-02-1974

Act 1973

P.U. (A) 42/1974

Federal Capital (City Area)

01-02-1974

Order 1974

Act A535

Federal Capital (Amendment)

01-12-1981

Act 1982

Federal Capital 15

Act 190

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 3

Act A206 01-02-1974 4

Act A535 01-12-1981 7

Act A206 01-02-1974 13

Act A535 01-12-1981 16

Act 5/1968 01-04-1968

KUALA LUMPUR