LOCAL GOVERNMENT ELECTIONS ACT 1960

Local Government Elections LAWS OF MALAYSIA REPRINT Act 473 LOCAL GOVERNMENT ELECTIONS ACT 1960 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 LOCAL GOVERNMENT ELECTIONS ACT 1960 First enacted … ... ... ... … … … 1960 (Act No. 11 of 1960) Revised 1991 (Act 473 w.e.f 16 September 1991) … … … … … … … PREVIOUS REPRINT First Reprint ... ... ... ... ... 2001 3 LAWS OF MALAYSIA Act 473 LOCAL GOVERNMENT ELECTIONS ACT 1960 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II CONSTITUTIONS OF MUNICIPALITIES 3. Administration of municipalities 4. Grant of Constitution of municipality PART III TOWN AND RURAL BOARDS 5. Elections of members of Town and Rural Boards PART IIIA LOCAL COUNCILS 5A. Elections of members of Local Councils 4 Laws of Malaysia ACT 473 PART IV COUNCILLORS Section 6. Qualifications of Councillor 7. Provision against double membership 8. Effect of disqualification, and prohibition of nomination or appointment without consent 9. Resignation 10. Absence of Councillor 11. Decision as to disqualifications 11A. Appointment and power of Secretaries in Town Councils 12. Casual vacancies 13. General election 13A. Filling of vacancies 13B. Election may be held after sixty days PART V SUPERVISION OF ELECTIONS 14. Appointment of Supervisor of Elections and other officers 15. Powers of Supervisor of Elections 16. Powers of Election Commission relating to wards, etc. PART VI ELECTIONS 17. Qualifications of electors 18. Electoral rolls 19. Elections 20. Power of the Election Commission to make regulations for the registration of electors 21. Powers of the Election Commission to make regulations for the conduct of elections Local Government Elections 5 PART VII GENERAL Section 22. Cesser of application of certain laws 23. Special provision relating to orders under section 52 of the Local Authorities Elections Ordinance 1950 24. Saving concerning the Federal Capital FIRST S CHEDULE SECOND SCHEDULE THIRD SCHEDULE 6 Laws of Malaysia ACT 473 Local Government Elections 7 LAWS OF MALAYSIA Act 473 LOCAL GOVERNMENT ELECTIONS ACT 1960 An Act for the purpose of ensuring uniformity of law and policy in respect of local government elections throughout Malaysia and for matters incidental thereto. [Peninsular Malaysia—1 June 1960] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title 1. This Act may be cited as the Local Government Elections Act 1960. Interpretation 2. In this Act, unless the context otherwise requires— “ballot paper” means any paper referred to in subsection 19(2); “candidate” means a person who is nominated, in accordance with any regulations applicable to such nomination, as a candidate for election; “Constitution” in relation to any municipality means the Constitution for the time being in force granted to such municipality; 8 Laws of Malaysia ACT 473 “Councillor” means, in respect of— (a) a City Council, the Mayor, Deputy Mayor and any Councillor of such Council; (b) a Municipal Council, the President, Deputy President and any Councillor of such Council; (c) a Town Council, District Council or Rural District Council, the President, Deputy President and any Councillor or member of such Council; (d) a Local Council, the Chairman, Deputy Chairman and any member of such Council; “contested election” means an election at which more candidates have been nominated than there are vacancies to be filled; “Deputy President” includes a Deputy Mayor or Deputy Chairman; “election” means an election for the purpose of electing a Councillor; “elector” means a person qualified as an elector in accordance with section 17 and entitled to be registered as an elector to vote at an election; “electoral roll” means an electoral roll kept and maintained under regulations made under section 20; “electoral ward” means a division of the local area made by the Election Commission under section 16; “general election” means an election held pursuant to section 13 or 23; “local area” means the area under the jurisdiction of a local authority; “local authority” means the Council of any municipality to which a Constitution has been granted or any Town Board or Rural Board to which a direction has been given under the Local Authorities Elections Ordinance 1950 [Ord. 52 of 1950], or this Act, or any Local Council to which a direction has been given under section 5 A, as the case may be; Local Government Elections 9 “Local Council” means a Local Council established under section 4 of the Local Councils Ordinance 1952 [Ord. 36 of 1952]; “municipality” means a municipality created under the provisions of the Municipal Ordinance; “Municipal Ordinance” means the Municipal Ordinance of the Straits Settlements [S.S. Cap. 133] in force in the States of Malacca and Penang and as applicable to the States of Johore, Kedah, Kelantan, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu by the Municipal Ordinance (Extended Application) Ordinance 1948 [F.M. 3 of 1948]; “President” includes a Mayor or Chairman; “registered elector” means in relation to any electoral ward or division an elector whose name at the date of the election appears on the electoral roll for such ward or division; and “registering officer”, “revising officer”, “returning officer” and “Supervisor of Elections” or “Supervisor” in relation to the local area or an electoral ward or division mean respectively a registering officer, a revising officer, a returning officer and the Supervisor of Elections appointed under section 14 in respect of the local area or an electoral ward or division of the local area; “State Authority” means the Ruler or Yang di-Pertua Negeri of the State, as the case may require; “voter” means a person who, whether his name does or does not appear in an electoral roll, applies to vote or votes at an election. PART II CONSTITUTIONS OF MUNICIPALITIES Administration of municipalities 3. (1) Notwithstanding any provision of the Municipal Ordinance to the contrary the municipal affairs of every municipality in a State shall be administered by a Council consisting of a President 10 Laws of Malaysia ACT 473 and a Deputy President (if one be appointed) and such number of elected or of elected and of appointed Councillors as may be prescribed by the Constitution granted to such municipality: Provided that nothing in this subsection shall prevent the Legislature of a State to provide in the Municipal Ordinance for the transfer of any of the functions of the Council relating to the municipal affairs of the municipality to any person, officer or authority for such period as the State Authority may deem necessary or desirable in the public interest. (2) Such Constitution may provide for the election of the President and of all the Councillors, and shall in all cases provide that— (a) the total number of Councillors (exclusive of the President) shall be not less than six and not more than twenty-four; and (b) the number of elected Councillors shall be at least a majority of the total number of Councillors (exclusive of the President). Grant of Constitution of municipality 4. (1) The State Authority shall, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to such municipality, by order grant to each municipality created within the State under the Municipal Ordinance at any time after the coming into operation of this Act, and within three months of the date of the notification creating such municipality, a Constitution under this Act. (2) Subject to subsection (3), every Constitution granted under this Part may— (a) prescribe the total number of Councillors; (b) prescribe the number of Councillors to be elected and the number (if any) to be appointed; (c) prescribe the manner in which the President and Deputy President of the Council shall be appointed or elected; (d) prescribe the powers and duties of the Deputy President of the Council; (e) subject to this Act, prescribe the disqualifications of Councillors and candidates for election as Councillors; Local Government Elections 11 (f) prescribe the manner in which appointed Councillors shall be appointed and, subject to the provisions of this Act, the term of office of appointed Councillors; (g) subject to this Act, prescribe the circumstances in which the seat of any Councillor shall become vacant and the manner in which such vacancy shall be filled; (h) prescribe the number of Councillors present at any meeting which shall constitute a quorum; (i) provide for the payment to Councillors of allowances and other privileges and of a salary or allowance to the Councillor for the time being performing the duties of the President or Deputy President; (j) regulate or authorize the making of rules by the Council of the municipality to regulate the procedure at meetings. (3) Every Constitution granted under this section shall be laid on the table of the Legislative Assembly of the State concerned and shall not come into operation until it has been approved, with or without amendment, by a resolution of such Legislative Assembly. (4) Upon a Constitution being approved under subsection (3) it shall, together with any amendments so approved, be published in the Gazette of the State within which the municipality is situate. (5) Every Constitution published under subsection (4) shall have the force of law and shall have effect notwithstanding any provision in the Municipal Ordinance to the contrary; and on and after the date of the coming into operation of any such Constitution any reference in any written law to the President or Deputy President or to the Municipal Commissioners or to the Municipal Commissioner or Commissioners of a municipality to which such Constitution refers shall be deemed to be a reference to the President or the Deputy President or to the Municipal Councillor or Councillors respectively appointed or elected under such Constitution; and such Councillors shall be deemed to be the successors of any Commissioners appointed for such municipality under the Municipal Ordinance without any break in such succession, as if such Councillors had been duly appointed under such Ordinance: Provided that where the State Authority pursuant to any power in the Municipal Ordinance transfers any of the functions of the Council relating to the municipal affairs of a municipality to any person, officer or authority the Constitution aforesaid (or so much 12 Laws of Malaysia ACT 473 of the provisions thereof as may be specified in the order effecting such transfer) shall during the period of the transfer be deemed to be suspended and shall cease to have the force of law and shall cease to have effect. (6) Subject to Article 76 of the Constitution, no Constitution in operation under this Act shall be amended, modified or repealed otherwise than by a law passed by the Legislature of a State. PART III TOWN AND RURAL BOARDS Elections of members of Town and Rural Boards 5. (1) Notwithstanding anything to the contrary contained in any written law which relates to Town Boards or Rural Boards in force in any State, the State Authority may, after consultation with the Election Commission in respect of the boundaries of the local area and the number of Councillors to be elected to the Town Council, Town Board or Rural Board having jurisdiction in such area, by order published in the Gazette of the State direct that the whole or a majority of the members of a Town Council, Town Board or Rural Board established