Malaysia legislation

Section 110

of Local Government Ordinance 1961

Section 110

(a)

The Sanitary Boards Ordinance, 1931 [Ord. No. 5 of 1931.] in respect only of the matters specified in paragraph (22) of subsection (1) of section 49;

(b)

The Rural Administration Ordinance [Cap. 132.];

(c)

The Municipal and Urban Authorities Ordinance [Cap. 162.];

(d)

The Local Authorities (Special Provisions) Ordinance, 1959 [Ord. No. 21 of 1959.], and includes any subsidiary legislation in force thereunder at the commencement of this

Ordinance.

(2)

Where an Authority has been established under the provisions of this Ordinance in any area the boundaries of which are substantially the same as the boundaries of any

Town Board or District Council formerly declared under the provisions of any written law replaced by this Ordinance-

(a)

all subsidiary legislation formerly applicable to such area under the provisions of any written law replaced by this Ordinance shall remain in force until revoked or replaced by subsidiary legislation made under the provisions of this Ordinance and while so remaining in force may from

time to time be amended by the Authority as if such subsidiary legislation had been made under the provisions of this Ordinance;

(b)

any licences or building permits granted, or building plans approved, or notice to comply with the provisions of any written law issued, by a local authority under the provisions of any written law replaced by this

Ordinance shall in all respects continue valid and in force as if granted, approved or issued under the provisions of this Ordinance;

(c)

any valuation list prepared under the provisions of any written law replaced by this Ordinance in respect of any such area may by resolution of an Authority be accepted as a valuation list prepared under the provisions of this Ordinance for so long as such valuation list remained in force under the provisions of such written law and the valuations appearing therein shall be deemed to be the valuations duly made under this Ordinance;

(d)

any rate or cess levied under the provisions of any written law replaced by this Ordinance and unpaid at the date on which any Authority is constituted shall become due and payable to the Authority for such area and payment thereof may be enforced under the provisions of this

Ordinance as if such rate or cess had been levied under the provisions of this Ordinance;

(e)

all sums of money, roads, open places, lands buildings, bridges, piers, ferries, vehicles, goods and all other property whatsoever vested in, belonging to, held by, or purporting to belong to or be held by any local authority established under the provisions of any written law replaced by this Ordinance within the area shall be transferred to and vest in a like interest in the Authority for such area;

(f)

all rights, interests, obligations and liabilities of any local authority established under the provisions of any written law replaced by this

Ordinance under any contract or instrument whatsoever, including contracts of service, subsisting immediately before the date of the establishment of the Authority shall be deemed to be, and by virtue of this provision shall be,

assigned to such Authority as from such date; and any such contract or instrument shall be of full force and effect against or in favour of such

Authority and shall be enforceable as fully and effectually, as if instead of the local authority concerned, the Authority had been named therein or had been a party thereto; and

(g)

any proceeding or cause of action, pending or existing immediately before the date of establishment of an Authority, by or against any local authority established under the provisions of any written law replaced by this

Ordinance in respect of any right, interest, obligation or liability under any such contract or instrument as is referred to in paragraph (f) of this subsection may be continued or enforced by or against the Authority as it might have been by or against the local authority concerned if this

Ordinance had not been enacted.

(3)

Where any township formerly declared under the provisions of any written law replaced by this Ordinance is not included within the boundaries of any Authority established under this Ordinance-

(a)

all subsidiary legislation formerly applicable to such township under the provisions of any written law replaced by this Ordinance shall remain in force until revoked or replaced by subsidiary legislation made under the provisions of this Ordinance and while so remaining in force may from time to time be amended by the District Officer as if such subsidiary legislation had been made under the provisions of this Ordinance;

(b)

any valuation list prepared under the provision of any written law replaced by this Ordinance in respect of any such township may be accepted by the District Officer as a valuation list prepared under the provisions of this

Ordinance for so long as such valuation list might have remained in force under the provisions of such written law and the valuations appearing therein shall be deemed to be the valuations duly made under this

Ordinance; and

(c)

any rate levied under this provisions of any written law replaced by this

Ordinance and unpaid shall become due and payable to the District

Officer and payment thereof may be enforced under the provisions of this

Ordinance as if such rate had been levied under the provisions of section 107.

Read in full context — Local Government Ordinance 1961 →