Malaysia legislation

Section 13

of Local Government Ordinance 1961

Section 13

(1)

Every Authority shall have a Chairman to be styled “Mayor” in the case of a City

Council, “President” in the case of a Municipal Council and “Commissioner” in the case of a

Town Board and Vice-Chairman to be styled “Deputy President” in the case of a Municipal

Council.

(2)

Subject to the provisions of the Instrument the Chairman and Vice-Chairman of every Authority shall be elected by the Authority from among the members at the first meeting of the Authority and annually thereafter subject to the provisions of subsection (8).

(3)

A Chairman and Vice-Chairman of an Authority elected under the provisions of this Ordinance shall, unless they resign or are removed or become disqualified from being or incapable for any reason of continuing to be members, remain in office until their successors in the office of Chairman and Vice-Chairman are elected.

(4)

In the event of an equality of votes for two or more candidates at an election of a

Chairman or Vice-Chairman, the result of such election shall be determined by lot in such manner as the person presiding at the meeting shall determine.

(5)

A Chairman and Vice-Chairman, if not disqualified, shall be eligible for re-election to the office of Chairman or Vice-Chairman.

(6)

No person shall be elected as Chairman or Vice-Chairman without his consent to being so elected.

(7)

A Chairman or Vice-Chairman of an Authority, elected under the provisions of subsection (2) may, at anytime during his term of office be removed by resolution notice of which has been given to all members and passed by three-fourths of the members present and voting at a meeting of the Authority.

(8)

In the event of the office of Chairman or Vice-Chairman of an Authority becoming vacant for any cause whatsoever during the term of office of the holder thereof a successor shall be elected at the next meeting of the Authority held after the date on which the vacancy occurs and shall serve for the remainder of the period of office for which his predecessor had been elected and shall then retire but shall be eligible for re-election.

17

(9)

On the death, resignation, disqualification, removal, absence, illness or incapacity of the Chairman the Vice-Chairman of an Authority shall be deemed during such absence or vacancy to have the rights and the authority to exercise all the powers and discharge all the duties vested in and imposed upon the Chairman under and by virtue of this

Ordinance.

Decision of question as to membership.