Malaysia legislation

Section 2

of Local Government Ordinance 1961

Section 2

In this Ordinance, unless the context otherwise requires-

 See G.N.S. 134 of 1961.

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“area” when used in relation to an Authority, means the area under the jurisdiction of the Authority;

“Authority” means any District Council, Town Board, Municipal Council or City Council established under the provisions of section 3;

“building” includes any structure of whatsoever material constructed;

“Chairman” means the Mayor of a City Council, President or Deputy President of a

Municipal Council, the Commissioner of a Town Board and the Chairman of a District

Council elected or appointed under the Instrument or the provisions of section 13, and includes a person presiding at a meeting of an Authority in the absence of the

Chairman by virtue of the provisions of section 17;

“city” means the area of jurisdiction of a City Council established under section 3;

“City Council” means a City Council established under section 3;

“committee” means any committee of an Authority appointed under this Ordinance;

“District Council” means a District Council established under the provisions of section 3;

“divisional committee” means a divisional committee established by an Authority under the provisions of section 28;

“earthworks” includes any work of excavation levelling, filling with any material, piling, the construction of foundations, or felling of trees, on any land, or any other act of dealing with or disturbing any land;

“food establishment” means any place or any premises or part thereof used for the sale, or for the preparation or manufacture for sale, or for the storage or packing for sale, of food, whether cooked or uncooked, intended for human consumption;

“function” includes powers and duties;

 Throughout this Ordinance, except in section 1, “Yang di-Pertua Negeri’ has been substituted for “Governor”

or “Governor in Council” by virtue of G.N.S. 87 of 1965 and Enactment No. 17 of 1976.

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“Instrument” means an Instrument issued by the Yang di-Pertua Negeri under the provisions of section 3 and where used in relation to an Authority means the

Instrument, including any amendments thereof, for the time being in force relating to such authority;

“land” has the same meaning assigned to it in section 4 of the Land Ordinance

[Sabah Cap. 68];

“market” means any place ordinarily used for sale of animals, meat, fish, fruits, vegetables, poultry or other articles of food, whether cooked or uncooked, for human consumption or for sale of any clothing or other merchandise, and shall include all land and premises in any way used in conjunction or in connection therewith or appurtenant thereto;

“Minister” means the Minister for the time being charged with responsibility for matters relating to local government;

“Municipal Council” means a Municipal Council established under the provisions of section 3;

“municipality” means the area of jurisdiction of a Municipal Council established under the provisions of section 3;

“nuisance” means any act, omission or thing occasioning or likely to occasion injury, annoyance, offence, harm, danger or damage to the sense of sight, smell or hearing or which is or likely to be injurious or dangerous to health or property or which affects the safety or the rights of the inhabitants at large;

“occupier” includes any person in actual occupation of property without regard to the title under which he occupies and, in the case of property subdivided and let to various tenants or lodgers, the person receiving rent payable by the tenants or lodgers whether on his own account or as an agent for any person entitled thereto or interested therein;

“owner” means owner as defined in section 4 of the Land Ordinance [Cap. 68.] and any person occupying land by virtue of any licence granted under the provisions of any written law relating to land tenure;

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“premises” includes any house, shop, store, room, cubicle, shed, conveyance or any building or structure or any place whether open or enclosed and whether permanent or temporary;

“public place” has the same meaning assigned thereto in the Interpretation and

General Clauses Enactment 1963 [En. No. 34 of 1963.] and shall further include parking place, recreational and pleasure ground and any place whether privately owned or not to which the public has access;

“rating area” means any urban area and any other area declared in an Instrument to be a rating area;

“seizable offence” has the meaning assigned thereto in the Criminal Procedure Code

[F.M.S. Cap. 6.];

“State land” means State land as defined in section 4 of the Land Ordinance [Cap. 68.];

“street” has the meaning assigned thereto in the Interpretation Ordinance† [Cap. 63.]

and shall further include a catwalk;

“town” means the area of jurisdiction of a Town Board established under the provisions of section 3;

“Town Board” means a Town Board established under the provisions of section 3;

“township” means any part of the area of a District Council declared in the Instrument to be a township;

“urban area” means any city, municipality, town or township but, where any town has been divided into wards or divisions, does not include any ward or division in respect of which an Instrument provides that such ward or division shall not be part of the urban area;

“work-place” means any premises or place used for any industrial, trading, commercial or manufacturing purposes and shall include all construction sites, work-sites and farms.

† Cap. 63 was repealed by Enactment No. 34 of 1963.

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