Section 1
This Instrument may be cited as the Lahad Datu District Council Instrument 1961.
State Subsidiary LegislationIn force
Lahad Datu District Council Instrument 1961 Reprinted 1999
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Lahad Datu District Council Instrument 1961 Reprinted 1999 is Malaysia State Subsidiary Legislation, cited as State Subsidiary Legislation 1961 1961, currently marked in force and first recorded in 1961.
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LOCAL GOVERNMENT ORDINANCE 1961
(No. 11 of 1961)
LAHAD DATU DISTRICT COUNCIL INSTRUMENT 1961
(G.N.S 167 of 1961)
INSTRUMENT issued by the Government in Council under the provisions of section 3 of the Local Government Ordinance 1961.
Section 2
In this Instrument —
"Council" means the Lahad Datu District Council established by clause 3 of this
Enactment;
"Ordinance" means the Local Government Ordinance 1961.
Section 3
There is hereby established with effect from the 1st day of January 1962 a District
Council to be known as the Lahad Datu District Council.
Section 4
(1)
The limits of the area under the jurisdiction of the Council are as defined in the
First Schedule hereto.
(2)
The area set out in the Second Schedule hereto is declared to be a township to be known as Lahad Datu Township.
(3)
The area set out in the First Schedule is declared as rating area and shall be subjected to rates as prescribed by the order made under section 82 of the Ordinance.
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Section 5
The seal of the Council shall be the following device:
A circle with the words "Lahad Datu District Council" around the circumference:
Provided that until such time as a seal capable of reproducing the said device can be procured a rubber stamp bearing the inscription "Lahad Datu District Council" may be used in lieu of such seal.
Section 6
The Council shall be composed of the District Officer, Lahad Datu and not more than twenty members to be appointed by the Minister of Local Government and Housing.
Section 7
All appointed members of the Council shall be appointed for a period of not exceeding two years.
Section 8
The Chairman of the Council shall be the District Officer, Lahad Datu, and the Vice-Chairman shall be elected by all the members of the Council.
Section 9
The Council’s offices shall be at the District Office, Lahad Datu. Meetings of the
Council shall be held in the Council’s offices.
Section 10
The Council shall hold not less than four ordinary meetings each year.
Section 11
The Chairman may at any time and shall, at the request in writing of not less than one-third of the members stating the object of the meeting, call a special meeting of the
Council, and the day fixed for such meeting shall be within fourteen days of the presentation of such request. The notice of any special meeting shall specify the object of the meeting, and no other subjects than those specified in such notice shall be discussed at such meeting.
Section 11A
The quorum at an ordinary or special meeting shall be nine.
Section 12
Notice of the meeting and place of every meeting of the Council shall be served on every member either personally or by leaving the same at his usual place of residence or at his business address not less than twenty-four hours before such meeting:
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Provided that the accidental omission to serve such notice on any member shall not affect the validity of any meeting.
Section 13
The Council may co-opt on any committee appointed under section 27 (1) of the
Ordinance any Government officer or any person with professional or special qualifications.
Section 14
(1)
In addition to those functions conferred upon the Council by the Ordinance or by any other law for the time being in force, the Council —
(a)
shall perform the function specified in paragraph (49) of section 49 (1)
of the Ordinance;
(b)
shall provide for the burial of paupers in accordance with the religion or custom of the deceased;
(51)
and (52) of section 49 (1) of the Ordinance;
(d)
shall keep clean all roads, streets and all other public places of which the Council has general control and care;
(68)
, (69), (71), (72) and (73) of section 49 (1) of the Ordinance;
(33)
, (40), (41), (42), (43), (44), (47), (53), (54) (57), (59) and (67) of section 49 (1) of the Ordinance;
(g)
may regulate and control stopping and parking of vehicles in any vehicle park established by the Council or under its control.
(2)
The functions specified in paragraphs (c), (d), (f) and (g) of this clause shall not be exercisable in any part of the area which is not within a township.
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FIRST SCHEDULE
LAHAD DATU DISTRICT
SECOND SCHEDULE
LAHAD DATU
The area of approximately 3,044.05 hectares delineated as Survey Lot No. 11200242
Mukim of Lahad Datu on Survey Plan No. 111500601B and on such plan edged in yellow.
Dated at Jesselton this 16th day of December 1961.
H. GEORGE,
Clerk of Executive Council.
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