LOCAL GOVERNMENT ELECTIONS ACT 1960

a City Council, the Mayor, Deputy Mayor and any

Councillor of such Council;

a Municipal Council, the President, Deputy President and any Councillor of such Council;

a Town Council, District Council or Rural District Council, the President, Deputy President and any Councillor or member of such Council;

a Local Council, the Chairman, Deputy Chairman and any member of such Council;

“contested election” means an election at which more candidates have been nominated than there are vacancies to be filled;

“Deputy President” includes a Deputy Mayor or Deputy Chairman;

“election” means an election for the purpose of electing a

Councillor;

“elector” means a person qualified as an elector in accordance with section 17 and entitled to be registered as an elector to vote at an election;

“electoral roll” means an electoral roll kept and maintained under regulations made under section 20;

“electoral ward” means a division of the local area made by the

Election Commission under section 16;

“general election” means an election held pursuant to section 13

or 23;

“local area” means the area under the jurisdiction of a local authority;

“local authority” means the Council of any municipality to which a Constitution has been granted or any Town Board or Rural Board to which a direction has been given under the Local Authorities

Elections Ordinance 1950 [Ord. 52 of 1950], or this Act, or any

Local Council to which a direction has been given under section 5A, as the case may be;

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Local Government Elections

“Local Council” means a Local Council established under section 4 of the Local Councils Ordinance 1952 [Ord. 36 of 1952];

“municipality” means a municipality created under the provisions of the Municipal Ordinance;

“Municipal Ordinance” means the Municipal Ordinance of the

Straits Settlements [S.S. Cap. 133] in force in the States of Malacca and Penang and as applicable to the States of Johore, Kedah,

Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and

Terengganu by the Municipal Ordinance (Extended Application)

Ordinance 1948 [F.M. 3 of 1948];

“President” includes a Mayor or Chairman;

“registered elector” means in relation to any electoral ward or division an elector whose name at the date of the election appears on the electoral roll for such ward or division; and “registering officer”, “revising officer”, “returning officer” and “Supervisor of

Elections” or “Supervisor” in relation to the local area or an electoral ward or division mean respectively a registering officer, a revising officer, a returning officer and the Supervisor of Elections appointed under section 14 in respect of the local area or an electoral ward or division of the local area;

“State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may require;

“voter” means a person who, whether his name does or does not appear in an electoral roll, applies to vote or votes at an election.

Such Constitution may provide for the election of the President and of all the Councillors, and shall in all cases provide that—

Subject to subsection (3), every Constitution granted under this Part may—

Every Constitution granted under this section shall be laid on the table of the Legislative Assembly of the State concerned and shall not come into operation until it has been approved, with or without amendment, by a resolution of such Legislative Assembly.

Upon a Constitution being approved under subsection (3) it shall, together with any amendments so approved, be published in the Gazette of the State within which the municipality is situate.

Every Constitution published under subsection (4) shall have the force of law and shall have effect notwithstanding any provision in the Municipal Ordinance to the contrary; and on and after the date of the coming into operation of any such Constitution any reference in any written law to the President or Deputy President or to the Municipal Commissioners or to the Municipal Commissioner or Commissioners of a municipality to which such Constitution refers shall be deemed to be a reference to the President or the

Deputy President or to the Municipal Councillor or Councillors respectively appointed or elected under such Constitution; and such Councillors shall be deemed to be the successors of any

Commissioners appointed for such municipality under the Municipal

Ordinance without any break in such succession, as if such Councillors had been duly appointed under such Ordinance:

Provided that where the State Authority pursuant to any power in the Municipal Ordinance transfers any of the functions of the

Council relating to the municipal affairs of a municipality to any person, officer or authority the Constitution aforesaid (or so much

12

of the provisions thereof as may be specified in the order effecting such transfer) shall during the period of the transfer be deemed to be suspended and shall cease to have the force of law and shall cease to have effect.

Subject to Article 76 of the Constitution, no Constitution in operation under this Act shall be amended, modified or repealed otherwise than by a law passed by the Legislature of a State.

Subject to subsection (3) every order made under this Part may—

The State Authority may at any time amend, modify or repeal any order made under this section.

PART IIIA

LOCAL COUNCILS

Elections of members of Local Councils

Subject to subsection (3) every order made under this Part may—

The State Authority may at any time amend, modify or repeal any order made under this section.

If a person disqualified for being a Councillor is elected or appointed to a local authority, or if an election or appointment is contrary to section 7, the election or appointment shall be void.

(Deleted by Act 20 of 1965).

A person cannot be validly nominated for election or appointed as a Councillor without his consent.

Subsection (4) shall not apply to any public officer who is appointed as an official or ex officio Councillor.

Resignation

Any Councillor so resigning shall, subject to the provisions of this Part, be eligible for re-election or reappointment.

Absence of Councillor

provide for the appointment by the State Authority of a

Secretary; and

prescribe the tenure of office and the duties of the Secretary.

All the functions of a President of a Town Council aforesaid

(other than the functions specified in the corresponding column 2

of the Third Schedule) shall on the appointment of a Secretary, be exercisable only by the Secretary.

Casual vacancies

Whenever a casual vacancy among the elected Councillors of a local authority occurs within six months before the date of the next general election, an election shall not be held to fill the vacancy but the vacancy shall be filled at such general election:

Provided that if upon a vacancy or a number of simultaneous vacancies so occurring more than three months before the date of the next general election the total number of unfilled vacancies exceeds one-third of the total number of elected Councillors this subsection shall not apply and a Councillor shall be elected to fill each of such vacancies.

A person elected to fill a casual vacancy in the seat of an elected Councillor shall hold office until the date upon which the

Councillor in whose place he is elected would regularly have retired.

Notwithstanding the preceding provisions of this section, if at any time within three months before the date of the next general election the number of seats of the elected Councillors of a local authority which are vacant from any cause whatever exceeds one-half of the total number of seats of such elected Councillors the

17

Local Government Elections

State Authority may if he shall think it necessary for the due discharge of the functions of the authority, appoint persons to fill all or any of such vacant seats:

Provided that every such appointment shall determine upon the date of the next general election following the appointment.

For the purpose of this section and of section 13A a vacancy shall be treated as having occurred on the date on which it is established that there was a vacancy.

General election

A general election in respect of all the elected seats of a local authority shall be held within sixty days of the expiration of the period of three years referred to in subsection (1), and the local authority shall meet on such date, being not later than thirty days from the date of such general election, as the State Authority may appoint.

The Councillors elected or appointed to any local authority who are members of such authority immediately prior to the expiration of the three years prescribed in subsection (1) may continue in office until the day preceding the date appointed under subsection (2).

Filling of vacancies

an election is not held on the day appointed for the election or within the appointed time;

an election fails wholly or in part or becomes void; or

a casual vacancy occurs among the elected Councillors, the Election Commission shall within sixty days from the date on which it becomes aware of the facts contained in paragraph (a),

or (c), conduct an election.

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Election may be held after sixty days

The Election Commission may, from time to time, appoint such number of clerks and interpreters as may be necessary for the purposes of this Act.

Powers of Supervisor of Elections

have general direction and supervision over the administrative conduct of elections of Councillors and enforce on the part of all registering, revising and returning officers, presiding officers and other election officers fairness, impartiality and compliance with the provisions of this Act and of any regulations made thereunder applicable to such elections;

have power to issue to registering, revising and returning officers, presiding officers, and other election officers such directions as he may deem necessary to ensure effective execution of the provisions of this Act or of any regulations made thereunder applicable thereto;

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Local Government Elections

have power to administer any oaths required to be taken under this Act or under any regulations made thereunder;

exercise and perform all other powers and duties which are conferred and imposed upon him by this Act or by any regulations made thereunder.

Powers of Election Commission relating to wards, etc.

divide the local area into electoral wards and such other divisions as the Commission may consider necessary or expedient for election purposes;

specify the names of the wards and other divisions of the local area and assign a distinguishing letter or letters or number or both to each such ward and division;

appoint a place and, where the Commission considers it necessary or expedient so to do in the special circumstances of the case two or more places as the polling station or stations for each ward and division.

The Election Commission may use free of charge as a polling station any school or any portion of a school in receipt of a grant, or in respect of which a grant is made, out of moneys provided by any Government in Malaysia.

The Election Commission shall make good any damage done to, and defray any expenses incurred by the persons having control over any school or portion thereof by reason of its being used as a polling station under subsection (2).

No person shall in the same election to any local authority vote in more than one electoral ward.

If a person is in an electoral ward by reason only of being a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or of being detained in custody he shall for the purposes of subsection (1) be deemed not to be resident in that ward.

Electoral rolls

For the purpose of preparing the electoral rolls relating to the first general election to any Local Council held under this Act, the Election Commission may use such parts of the current electoral rolls relating to Parliamentary or State Constituencies as relate to any polling district situated within the local area of such Council.

Elections

In any poll in a contested election the vote of each voter shall be given by means of a paper marked by the voter to indicate his vote, which shall be inserted by the voter in a closed ballot box provided for the purpose in such manner that the vote given by such voter shall be secret:

Provided that if any voter is unable to read, his vote may be given in any such manner as may be prescribed.

21

Local Government Elections

No person shall be entitled to more than one vote at any election:

Provided that if more than one Councillor is required to be elected for an electoral ward each voter shall be entitled to a vote in respect of each vacancy to be filled at such election.

Power of the Election Commission to make regulations for the registration of electors

Without prejudice to the generality of the foregoing power, such regulations may—

Without prejudice to the generality of the foregoing power such regulations may—

in any State other than the States of Penang and Johore,

Parts I, II, III, IV, VII and VIII of the Local Authorities

Elections Ordinance 1950, shall, subject to this Part, cease to apply to such State;

in the State of Penang, Parts I, II, VII and VIII of the

Local Authorities Elections Ordinance 1950, and the Penang

Conduct of Elections Authorization Enactment 1958

[Penang En. 14 of 1958], shall subject to this Part, cease to apply to such State;

in the State of Johore, Parts I, II, VII and VIII of the

Local Authorities Elections Ordinance 1950, and the Johore

Conduct of Town Council Elections Enactment 1959

[Johore En. 1 of 1959], shall, subject to this Part, cease to apply to such State, and such cesser shall be deemed to be a repeal for the purposes of the Interpretation Acts 1948 and 1967 [Act 388].

All orders, directions, appointments, notifications and regulations made under the laws referred to in subsection (1) and still subsisting or in force immediately before the coming into operation of this Act in any State shall, in so far as they apply to the State and are not inconsistent with this Act, be deemed to have been made under this Act and shall continue in force until other provision shall be made under this Act or until the date upon which they expire.

Within three months of the coming into operation of this

Act the State Authority shall, after consultation with the Election

Commission in respect of the boundaries of the local area and the number of Councillors to be elected to such municipality, by order grant to each municipality created within the State under the Municipal

Ordinance and in respect of which an order under section 4 of the

Local Authorities Elections Ordinance 1950, is in force immediately

25

Local Government Elections before the coming into operation of this Act a constitution under this Act; and Part II (other than subsection 4(1)) shall apply to every such Constitution as if it were a Constitution granted under that Part.

Special provision relating to orders under section 52 of the

Local Authorities Elections Ordinance 1950

Notwithstanding subsection 13(1), the Councillors elected under subsection (1) shall, subject to the other provisions of this

Act, hold office for a period of two years from the date of the general election referred to in subsection (1); and subsection 13(3)

shall have effect as if for the reference to the three years contained therein there were a reference to a period of two years.

Saving concerning the Federal Capital

he is not less than twenty-one years old;

in the case of an elected Councillor, he is a citizen; and

he is not disqualified under paragraph 2 of this Schedule.

he is and has been found or declared to be of unsound mind;

he is an undischarged bankrupt;

he has been convicted of an offence under the Election Offences Act 1954, or has in proceedings relating to any election in Malaysia been proved guilty of an act constituting such offence;

having been nominated for election to either House of Parliament or the Legislative Assembly of a State or a local authority, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required;

in a court of law in Malaysia, there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud or dishonesty;

he has voluntarily acquired citizenship of, or exercised rights of citizenship in a foreign country or has made a declaration of allegiance to a foreign country;

in the case of an elected Councillor, he holds any wholetime office in any public service in Malaysia;

without the written permission of the Ruler or Yang di-Pertua Negeri of the State he is concerned or interested in any contract or work made with or done for the local authority:

Provided that—

a person shall not be deemed to be so concerned or interested merely by reason of his being a shareholder in or a director

(other than the chairman or managing director) of a duly incorporated company which has a contract with or executes work for the local authority;

27

Local Government Elections

he has, during the period of five years preceding the election, been convicted of an offence under subsection 4(1) of the Sedition Act 1948 [Act 15] which is an offence by reason of paragraph 3(1)(f) of that Act; or

he is subject to such other disqualification as may be prescribed in the Constitution granted under Part II or the order made under Part

III or Part IIIA in respect of the local authority.

was required to be lodged or, in the case of a person mentioned in the said subparagraph (e), the date on which the charge was proved against such person or the date on which he was convicted or the date on which the carrying out of any punishment (including the carrying out of the terms of any bond ordered to be executed as a consequence of a charge having been proved or a conviction having been had) imposed upon such person was completed, whichever of these dates shall be the later, and a person shall not be disqualified under paragraph 2(f) by reason only of anything done by him before he became a citizen.

he has attained the age of twenty-one years on the qualifying date;

he is resident within the electoral ward on the qualifying date or, if he is not so resident, if—

he is the owner of immovable property within such ward with an assessed net annual value of at least sixty ringgit or an improved value of at least five hundred ringgit;

his name is on the current electoral roll relating to such ward in accordance with this Act and any regulations made thereunder; and

he is not disqualified under paragraph 2:

Provided that where a person who is not so resident is the owner of immovable property referred to in subparagraph (i) in more than one electoral ward of the local area, he shall be entitled as a non-resident voter, and on compliance with this paragraph, to only one vote in such local area, in respect of such electoral ward thereof as he may, in giving the notice required by subparagraph (iii), specify in such notice.

on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment;

having before the qualifying date been convicted in any part of the

Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punisment for that offence; or

he is disqualified under any law relating to offences committed in connection with elections.

Town Boards Enactment of the

The functions relating to meetings

Federated Malay States provided by Part II;

(F.M.S. Cap. 137)

Town Boards Enactment of

The functions provided by

Johore (Enactment No. 118)

subsection (iii) of section 44 and

Parts V and VI.”.

Town Boards Enactment of

Trengganu (Enactment No. 12

of 1355)

÷



″





30

Act 473

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act 19/1961

Local Government Elections

Terengganu:

(Amendment) Act 1961 29-05-1961

Johore and

Selangor:

01-01-1962

Kedah and

Pahang:

01-02-1962

Negeri

Sembilan and

Perlis:

01-03-1962

Kelantan:

01-04-1962

Act 49/1961

Local Government Elections 16-11-1960

(Amendment) (No. 2)

Act 1961

Act 13/1963

Election Act 1963 01-01-1960

Act 20/1965

Local Government Elections

Johore and

(Amendment) Act 1965

Kedah:

01-03-1965

Negeri

Sembilan:

01-04-1965

Penang:

18-01-1965

Act 55/1966

Local Government Elections

Johore:

(Amendment) Act 1966 01-11-1966

31

Local Government Elections

Perak:

16-07-1966

Perlis and

Selangor:

01-10-1966

Negeri

Sembilan:

16-07-1966

Act 67/1966

Local Government Elections 26-01-1961

(Amendment) (No. 2)

Act 1966

P.U. (A) 282/1970

Emergency (Essential Powers)

10-08-1970

Ordinance No. 45 1970

P.U. (A) 41/1971

Emergency (Essential Powers)

11-02-1971

Ordinance No. 71 1971

Act A55

Local Government Elections 30-04-1971

(Amendment) Act 1971

Amending law

Short title

In force from

32

Act 473

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 2

Act 19/1961

Terengganu:

29-05-1961

Johore and

Selangor:

01-01-1962

Kedah and

Pahang:

01-02-1962

Negeri Sembilan and Perlis:

01-03-1962

Kelantan:

01-04-1962 3

Act 67/1966 26-01-1961 4

Act 67/1966 26-01-1961 5

Act 19/1961

Terengganu:

29-05-1961

Johore and

Selangor:

01-01-1962

Kedah and

Pahang:

01-02-1962

Negeri Sembilan and Perlis:

01-03-1962

Kelantan:

01-04-1962

33

Local Government Elections 5A

Act 19/1961

Terengganu:

29-05-1961

Johore and

Selangor:

01-01-1962

Kedah and

Pahang:

01-02-1962

Negeri Sembilan and Perlis:

01-03-1962

Kelantan:

01-04-1962 8

Act 20/1965

Johore and

Kedah:

01-03-1965

Negeri Sembilan:

01-04-1965

Penang:

18-01-1965 11

Act 20/1965

Johore and

Kedah:

01-03-1965

Negeri Sembilan:

01-04-1965

Penang:

18-01-1965 11A

Act 20/1965

Johore and

Kedah:

01-03-1965

Negeri Sembilan:

01-04-1965

Penang:

18-01-1965

Act 55/1966

Johore:

01-11-1966

Section

Amending authority

In force from

34

Perak:

16-07-1966

Perlis and

Selangor:

01-10-1966

Negeri Sembilan:

16-07-1966 12

Act 49/1961 16-11-1960

Act 20/1965

Johore and

Kedah:

01-03-1965

Negeri Sembilan:

01-04-1965

Penang:

18-01-1965 13

Act 20/1965

Johore and

Kedah:

01-03-1965

Negeri Sembilan:

01-04-1965

Penang:

18-01-1965 13A

Act 49/1961 16-11-1960 13B

Act 20/1965

Johore and

Kedah:

01-03-1965

Negeri

Sembilan:

01-04-1965

Penang:

18-01-1965 16

Act 13/1963 01-01-1960 18

Act 19/1961

Terengganu:

29-05-1961

Section

Amending authority

In force from

35

Local Government Elections

Johore and

Selangor:

01-01-1962

Kedah and

Pahang:

01-02-1962

Negeri Sembilan and Perlis;

01-03-1962

Kelantan;

01-03-1962 23

Act 19/1961

Terengganu:

29-05-1961

Johore and

Selangor:

01-01-1962

Kedah and

Pahang:

01-02-1962

Negeri Sembilan and Perlis:

01-03-1962

Kelantan;

01-04-1962

First Schedule

P.U. (A) 282/1970 10-08-1970

Act A55 30-04-1971

Second Schedule

Act 19/1961

Terengganu:

29-05-1961

Johore and

Selangor:

01-01-1962

Kedah and

Pahang:

01-02-1962

Negeri Sembilan and Perlis;

01-03-1962

Section

Amending authority

In force from

36

Section

Amending authority

In force from

KUALA LUMPUR

Kelantan 01-03-1962

Third Schedule

Act 20/1965

Johore and

Kedah:

01-03-1965

Negeri Sembilan:

01-04-1965

Penang:

18-01-1965

Act 55/1966

Johore;

01-11-1966

Perak;

16-07-1966

Perlis and

Selangor;

01-10-1966

Negeri

Sembilan;

16-07-1966