Is AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 still in force?

Yes — AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 is currently in force.

When did AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 take effect?

AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 was first recorded in 1964.

How many sections does AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 have?

AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 contains 45 sections.

Where can I read the official version of AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964?

The official text of AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 is published at lom.agc.gov.my.

/akn/my/act/act/1964/798

LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964

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English Bahasa Malaysia

Type: Act
Status: In force
Enacted: 1964
Sections: 45
Languages: EN · MS

Quick answer

About this act

LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 is Malaysia Act, cited as Act 798 1964, currently marked in force and first recorded in 1964.

Opening note

Preamble

An Act to regulate the conditions of service of officers and servants of local authorities and to provide for a provident fund or funds for such officers and servants. [30 January 1964] Short title and application

Section 1

(1)

This Act may be cited as the Local Authorities (Conditions of Service) Act 1964.

(2)

This Act does not apply to Sabah and Sarawak.

Interpretation

Section 2

In this Act, unless the context otherwise requires—

“local authority” means any local authority in a State declared under section 3;

“Minister” means the Minister charged with the responsibility for local government;

“provident fund” means a provident fund established under section 5;

“Treasury” has the meaning assigned to it by the Financial

Procedure Act 1957 [Act 61].

Act 798

Section 3

Local authority to be subject to this Act

The Ruler or Yang di-Pertua Negeri may, by order published in the Gazette, declare any local authority in the State to be subject to this Act.

Section 4

Power of Minister to regulate conditions of service

(1)

The Minister may, with the approval of the Treasury, make regulations governing the terms and conditions of service of officers and servants of local authorities.

(2)

Without prejudice to the generality of subsection (1), regulations made under this section may provide for—

(a)

the qualifications of officers and servants of local authorities;

(b)

the scales of the salaries, fees and allowances payable to officers and servants of local authorities;

(c)

the periods of service of officers and servants of local authorities;

(d)

the transfer of officers and servants of local authorities;

(e)

the exercise of disciplinary control over officers and servants of local authorities, including the powers of suspension, fine, dismissal and reduction in rank of such officers and servants; and

(f)

the conditions under which gratuities or compassionate allowances may be paid to officers and servants of local authorities injured, or to the surviving relatives of any such officers and servants killed, in the execution of their duty.

Power of Minister to establish provident fund

Section 5

(1)

The Minister may by order provide for—

(a)

the establishment, maintenance, administration, audit and winding-up of a provident fund for the benefit of officers and servants of local authorities; and

Local Authorities (Conditions of Service)

(b)

the arrangements between two or more local authorities for the establishment, maintenance, administration, audit and winding-up of a joint provident fund for the benefit of such officers and servants.

(2)

Any order made under subsection (1) may, notwithstanding section 20 of the Interpretation Acts 1948 and 1967 [Act 388], be made to operate retrospectively to any date, whether before or after the commencement of this Act.

Provident fund not assignable or transferable, etc.

Section 6

No gratuity, allowance or other payment payable out of any provident fund nor any right or interest acquired by any person thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim other than a debt due to a local authority.

Section 7

Payment of moneys out of provident fund to deceased persons

(1)

On the death of any person, any moneys paid out of any provident fund shall be deemed to be impressed with a trust in favour of the persons entitled to the moneys under the will or intestacy of such deceased person.

(2)

Any moneys paid under subsection (1) shall not be deemed to form part of the estate of the deceased person or be subject to his debts.

(3)

Any person may by will or by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any provident fund, and may make provision for the appointment of a new trustee or trustees, and for the investment, of such moneys.

(4)

If at the time of the death of any person or at any time afterwards there is no trustee of any of moneys referred to in subsection (3), or it is expedient to appoint a new trustee or trustees, then and in any such case a trustee or trustees or a new trustee or trustees may be appointed by the High Court or a Judge of the High Court.

Act 798

(5)

The receipt of—

(a)

a duly appointed trustee or trustees; or

(b)

where no trustee has been appointed and no written notice of such appointment has been given to the local authority, the legal personal representative, of a deceased person shall be a discharge to the local authority for any moneys payable on his death out of any provident fund.

Discretion of local authority to forfeit contribution to the provident fund upon dismissal

Section 8

Any officer or servant of a local authority who is a contributor to any provident fund shall forfeit at the discretion of the local authority all or any part of his contribution to the fund and the interest accrued on such contribution and the accumulations of the contribution and interest as the local authority thinks fit if—

(a)

he is dismissed from the service of the local authority for fraud, dishonesty or misconduct which involves pecuniary loss to the local authority; or

(b)

he retires from or resigns his office with intent to escape dismissal in consequence of such fraud, dishonesty or misconduct.

Powers and duties conferred or imposed under this Act are in addition to powers and duties under other written law

Section 9

All powers and duties conferred or imposed on a local authority by or under this Act shall be in addition to and not in derogation of any other powers and duties conferred or imposed on such local authority by any other written law.

Local Authorities (Conditions of Service)

Act 798

(Revised—2017)

Particulars under paragraphs 7(ii) and (iii) of the Revision of

Laws Act 1968 [Act 1]

LIST OF AMENDMENTS

Amending law

Short title

In force from-NIL-LIST OF LAWS OR PARTS THEREOF SUPERSEDED

No.

Title

Act No. 9 of 1964

Local Authorities (Conditions of Service) Act, 1964

Act 798

(Revised—2017)

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from-NIL-Local Authorities (Conditions of Service)

Act 798

(Revised—2017)

LIST OF AMENDMENTS MADE BY THE COMMISSIONER OF

LAW REVISION UNDER SECTION 6 OF THE REVISION OF

LAWS ACT 1968 [ACT 1]

Provision

Particulars of amendments

Authority for amendment

Table of contents

Table of contents under the heading “ARRANGEMENT OF

SECTIONS” inserted paragraph 6(1)(vii)

Throughout the

Act

Section 1

Word “subsection” substituted for “sub-section”

paragraph 6(1)(xvi)

Section 2

Shoulder note substituted for marginal note paragraph 6(1)(xxiv)

Section 3

Full stop at the end of shoulder notes omitted paragraph 6(1)(xvi)

Effective date

Words “30 January 1964”

substituted for “30th January,

Section 1964

”

paragraph 6(1)(iii)

Enacting clause Omitted subparagraph 6(1)(i)(f)

subsection 1(1) Comma before the word “1964”

omitted paragraph 6(1)(xvi)

subsection 1(2)

Section 1

Words “does not apply”

substituted for “shall not apply”

paragraph 6(1)(iii)

Section 2

Wo r d s “ t h e S t a t e s o f

Singapore,” omitted paragraphs 6(1)(xviii)

and (xvi)

section 2

Section 1

Words “, unless the context otherwise requires” inserted after the word “Act”

subparagraph 6(1)(iv)(a)

Act 798

Provision

Particulars of amendments

Section 2

Authority for amendment

“Minister”, word “the”

inserted before the word

“responsibility”

paragraph 6(1)(xv)

Section 3

Interpretation of “provident fund” inserted after the interpretation of “Minister”

paragraph 6(1)(xxiv)

Section 4

In the interpretation of “the

Treasury”—

a. word “the” before the word

“Treasury” omitted subparagraph 6(1)(iv)(a)

b. words “Financial Procedure

Act 1957 [Act 61]”

substituted for “Financial

Procedure Ordinance,

1957 [62 of 1957]”

paragraph 6(1)(xix)

section 3

Section 1

S h o u l d e r n o t e “ L o c a l authority to be subject to this Act” inserted paragraph 6(1)(xxiv)

Section 2

Words “Yang di-Pertua Negeri”

substituted for “Governor of a State”

paragraph 6(1)(xvii)

Section 3

Commas inserted after the words “may” and “Gazette”

paragraph 6(1)(xvi)

Section 4

Word “published” substituted for “notified”

paragraph 6(1)(iii)

Section 5

Words “the provisions of”

omitted paragraph 6(1)(xxi)

section 4

Section 1

In the shoulder notes, words

“conditions of service”

substituted for “Conditions of Service”

paragraph 6(1)(xxiv)

subsection 4(1)

Section 2

Words “with the approval of the Treasury” transposed after the word “may” and commas inserted before the words

“may” and “Treasury”

paragraphs 6(1)(xiii) and

(xvi)

subsection 4(2) 1. Words “the provisions of”

omitted paragraph 6(1)(xxi)

Local Authorities (Conditions of Service)

Provision

Particulars of amendments

Authority for amendment

Section 2

Word “and” inserted at the end of paragraph (e)

paragraph 6(1)(xxiv)

subsection 5(1) Word “and” inserted at the end of paragraph (a)

paragraph 6(1)(xxiv)

subsection 5(2)

Section 1

Renumbered as section 6 with consequential alterations made paragraphs 6(1)(xii), (xxi)

and (xxiv)

Section 2

Shoulder note “Provident fund not assignable or transferable, etc.” inserted before the new section 6

paragraph 6(1)(xxiv)

subsection 5(3)

Section 1

Divided and renumbered as subsections 7(1) and (2) with consequential alterations made paragraphs 6(1)(xii), (xiii)

and (xxiv)

Section 2

Shoulder note “Payment of moneys out of provident fund to deceased persons” inserted before the new section 7

paragraph 6(1)(xxiv)

subsection 5(4)

Section 1

Renumbered as subsection 7(3)

with consequential alterations made paragraphs 6(1)(xii), (xxi)

and (xxiv)

Section 2

Words “new trustee or trustees”

substituted for “new trustee or new trustees”

paragraph 6(1)(xxi)

Section 3

Words “for the investment”

transposed before the words

“of such money” and commas inserted before the words

“trustees” and “investment”

paragraphs 6(1)(xiii) and

(xvi)

Section 4

Word “thereof” at the end of this subsection omitted paragraph 6(1)(xxi)

subsection 5(5)

Section 1

Renumbered as subsection 7(4)

paragraph 6(1)(xii)

Section 2

Words “subsection (3)”

substituted for “sub-section

(4)

”

paragraphs 6(1)(xvi) and

(xix)

Section 3

Words “of the High Court”

substituted for “thereof”

paragraph 6(1)(xxi)

subsection 5(6)

Divided and renumbered as paragraph 7(5)(a) and (b) with consequential alterations made paragraphs 6(1)(xii),

(xiii)

, (xxi) and (xxiv)

Act 798

Provision

Particulars of amendments

Authority for amendment subsection 5(7)

Section 1

Divided and renumbered as paragraph 8(a) and (b) with consequential alterations made paragraphs 6(1)(xii),

(xiii)

, (xxi) and (xxiv)

Section 2

Shoulder note “Discretion of local authority to forfeit contribution to the provident fund upon dismissal” inserted before the new section 8

paragraph 6(1)(xxiv)

subsection 5(8)

Section 1

Renumbered as subsection 5(2)

paragraph 6(1)(xii)

Section 2

Words “the provisions of”

omitted paragraph 6(1)(xxi)

Section 3

Words “section 20 of the

Interpretation Acts 1948 and 1967 [Act 388]” substituted for “sub-section (2) of section 22 of the Interpretation and

General Clauses Ordinance,

1948 [M.U. 7 of 1948]”

paragraph 6(1)(xix)

section 6

Section 1

Renumbered as section 9

paragraph 6(1)(xii)

Section 2

In the shoulder notes, words

“Powers and duties conferred or imposed under this Act are in addition to powers and duties under other written law” substituted for “Saving.”

paragraph 6(1)(xxiv)

KUALA LUMPUR

Common questions

What is AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964?: LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 is Malaysia Act, cited as Act 798 1964, currently marked in force and first recorded in 1964.
Is AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 still in force?: Yes — AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 is currently in force.
When did AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 take effect?: AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 was first recorded in 1964.
How many sections does AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 have?: AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 contains 45 sections.
Where can I read the official version of AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964?: The official text of AKTA PIHAK BERKUASA TEMPATAN (SYARAT PERKHIDMATAN) 1964 is published at lom.agc.gov.my.