LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964

Local Authorities (Conditions of Service) LAWS OF MALAYSIA Act 798 LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 (Revised—2017) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2017 1 2 Laws of Malaysia Act 798 LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 Revised up to … … … … 1 November 2017 Date of publication in the Gazette of this revised edition … … 15 November 2017 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … … 15 November 2017 First enacted in 1968 as Act of Parliament No. 9 of 1964 Local Authorities (Conditions of Service) 3 LAWS OF MALAYSIA Act 798 LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Local authority to be subject to this Act 4. Power of Minister to regulate conditions of service 5. Power of Minister to establish provident fund 6. Provident fund not assignable or transferable, etc. 7. Payment of moneys out of provident fund to deceased persons 8. Discretion of local authority to forfeit contribution to the provident fund upon dismissal 9. Powers and duties conferred or imposed under this Act are in addition to powers and duties under other written law 4 Laws of Malaysia Act 798 Local Authorities (Conditions of Service) 5 LAWS OF MALAYSIA Act 798 LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 An Act to regulate the conditions of service of officers and servants of local authorities and to provide for a provident fund or funds for such officers and servants. [30 January 1964] Short title and application 1. (1) This Act may be cited as the Local Authorities (Conditions of Service) Act 1964. (2) This Act does not apply to Sabah and Sarawak. Interpretation 2. In this Act, unless the context otherwise requires— “local authority” means any local authority in a State declared under section 3; “Minister” means the Minister charged with the responsibility for local government; “provident fund” means a provident fund established under section 5; “Treasury” has the meaning assigned to it by the Financial Procedure Act 1957 [Act 61]. 6 Laws of Malaysia Act 798 Local authority to be subject to this Act 3. The Ruler or Yang di-Pertua Negeri may, by order published in the Gazette, declare any local authority in the State to be subject to this Act. Power of Minister to regulate conditions of service 4. (1) The Minister may, with the approval of the Treasury, make regulations governing the terms and conditions of service of officers and servants of local authorities. (2) Without prejudice to the generality of subsection (1), regulations made under this section may provide for— (a) the qualifications of officers and servants of local authorities; (b) the scales of the salaries, fees and allowances payable to officers and servants of local authorities; (c) the periods of service of officers and servants of local authorities; (d) the transfer of officers and servants of local authorities; (e) the exercise of disciplinary control over officers and servants of local authorities, including the powers of suspension, fine, dismissal and reduction in rank of such officers and servants; and (f) the conditions under which gratuities or compassionate allowances may be paid to officers and servants of local authorities injured, or to the surviving relatives of any such officers and servants killed, in the execution of their duty. Power of Minister to establish provident fund 5. (1) The Minister may by order provide for— (a) the establishment, maintenance, administration, audit and winding-up of a provident fund for the benefit of officers and servants of local authorities; and Local Authorities (Conditions of Service) 7 (b) the arrangements between two or more local authorities for the establishment, maintenance, administration, audit and winding-up of a joint provident fund for the benefit of such officers and servants. (2) Any order made under subsection (1) may, notwithstanding section 20 of the Interpretation Acts 1948 and 1967 [Act 388], be made to operate retrospectively to any date, whether before or after the commencement of this Act. Provident fund not assignable or transferable, etc. 6. No gratuity, allowance or other payment payable out of any provident fund nor any right or interest acquired by any person thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim other than a debt due to a local authority. Payment of moneys out of provident fund to deceased persons 7. (1) On the death of any person, any moneys paid out of any provident fund shall be deemed to be impressed with a trust in favour of the persons entitled to the moneys under the will or intestacy of such deceased person. (2) Any moneys paid under subsection (1) shall not be deemed to form part of the estate of the deceased person or be subject to his debts. (3) Any person may by will or by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any provident fund, and may make provision for the appointment of a new trustee or trustees, and for the investment, of such moneys. (4) If at the time of the death of any person or at any time afterwards there is no trustee of any of moneys referred to in subsection (3), or it is expedient to appoint a new trustee or trustees, then and in any such case a trustee or trustees or a new trustee or trustees may be appointed by the High Court or a Judge of the High Court. 8 Laws of Malaysia Act 798 (5) The receipt of— (a) a duly appointed trustee or trustees; or (b) where no trustee has been appointed and no written notice of such appointment has been given to the local authority, the legal personal representative, of a deceased person shall be a discharge to the local authority for any moneys payable on his death out of any provident fund. Discretion of local authority to forfeit contribution to the provident fund upon dismissal 8. Any officer or servant of a local authority who is a contributor to any provident fund shall forfeit at the discretion of the local authority all or any part of his contribution to the fund and the interest accrued on such contribution and the accumulations of the contribution and interest as the local authority thinks fit if— (a) he is dismissed from the service of the local authority for fraud, dishonesty or misconduct which involves pecuniary loss to the local authority; or (b) he retires from or resigns his office with intent to escape dismissal in consequence of such fraud, dishonesty or misconduct. Powers and duties conferred or imposed under this Act are in addition to powers and duties under other written law 9. All powers and duties conferred or imposed on a local authority by or under this Act shall be in addition to and not in derogation of any other powers and duties conferred or imposed on such local authority by any other written law. Local Authorities (Conditions of Service) 9 LAWS OF MALAYSIA Act 798 LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 (Revised—2017) Particulars under paragraphs 7(ii) and (iii) of the Revision of Laws Act 1968 [Act 1] LIST OF AMENDMENTS Amending law Short title In force from -NIL- LIST OF LAWS OR PARTS THEREOF SUPERSEDED No. Title Act No. 9 of 1964 Local Authorities (Conditions of Service) Act, 1964 10 Laws of Malaysia Act 798 LAWS OF MALAYSIA Act 798 LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 (Revised—2017) LIST OF SECTIONS AMENDED Section Amending authority -NIL- In force from Local Authorities (Conditions of Service) 11 LAWS OF MALAYSIA Act 798 LOCAL AUTHORITIES (CONDITIONS OF SERVICE) ACT 1964 (Revised—2017) LIST OF AMENDMENTS MADE BY THE COMMISSIONER OF LAW REVISION UNDER SECTION 6 OF THE REVISION OF LAWS ACT 1968 [ACT 1] Provision Table of contents Particulars of amendments Authority for amendment Table of contents under the paragraph 6(1)(vii) heading “ARRANGEMENT OF SECTIONS” inserted Throughout the 1. Act Word “subsection” substituted paragraph 6(1)(xvi) for “sub-section” 2. Shoulder note substituted for paragraph 6(1)(xxiv) marginal note 3. Full stop at the end of shoulder paragraph 6(1)(xvi) notes omitted Effective date Wo r d s “ 3 0 J a n u a r y 1 9 6 4 ” paragraph 6(1)(iii) substituted for “30th January, 1964.” Enacting clause Omitted subparagraph 6(1)(i)(f) subsection 1(1) Comma before the word “1964” paragraph 6(1)(xvi) omitted subsection 1(2) 1. section 2 Words “does not apply” paragraph 6(1)(iii) substituted for “shall not apply” 2. Wo r d s “ t h e S t a t e s o f paragraphs 6(1)(xviii) Singapore,” omitted and (xvi) 1. Words “, unless the context subparagraph 6(1)(iv)(a) otherwise requires” inserted after the word “Act” 12 Laws of Malaysia Provision Particulars of amendments Act 798 Authority for amendment 2. I n t h e i n t e r p r e t a t i o n o f paragraph 6(1)(xv) “Minister”, word “the” inserted before the word “responsibility” 3. Interpretation of “provident paragraph 6(1)(xxiv) fund” inserted after the interpretation of “Minister” 4. In the interpretation of “the subparagraph 6(1)(iv)(a) Treasury”— a. word “the” before the word “Treasury” omitted b. words “Financial Procedure paragraph 6(1)(xix) Act 1957 [Act 61]” substituted for “Financial Procedure Ordinance, 1957 [62 of 1957]” section 3 section 4 1. S h o u l d e r n o t e “ L o c a l paragraph 6(1)(xxiv) authority to be subject to this Act” inserted 2. Words “Yang di-Pertua Negeri” paragraph 6(1)(xvii) substituted for “Governor of a State” 3. Commas inserted after the paragraph 6(1)(xvi) words “may” and “Gazette” 4. Word “published” substituted paragraph 6(1)(iii) for “notified” 5. Words “the provisions of” paragraph 6(1)(xxi) omitted 1. In the shoulder notes, words paragraph 6(1)(xxiv) “ c o n d i t i o n s o f s e r v i c e” substituted for “Conditions of Service” subsection 4(1) 2. Words “with the approval of paragraphs 6(1)(xiii) and the Treasury” transposed after (xvi) the word “may” and commas inserted before the words “may” and “Treasury” subsection 4(2) 1. Words “the provisions of” paragraph 6(1)(xxi) omitted Local Authorities (Conditions of Service) Provision Particulars of amendments 2. 13 Authority for amendment Word “and” inserted at the paragraph 6(1)(xxiv) end of paragraph (e) subsection 5(1) Word “and” inserted at the end paragraph 6(1)(xxiv) of paragraph (a) subsection 5(2) 1. 2. subsection 5(3) 1. 2. subsection 5(4) 1. Renumbered as section 6 with paragraphs 6(1)(xii), (xxi) consequential alterations made and (xxiv) Shoulder note “Provident paragraph 6(1)(xxiv) fund not assignable or transferable, etc.” inserted before the new section 6 Divided and renumbered as paragraphs 6(1)(xii), (xiii) subsections 7(1) and (2) with and (xxiv) consequential alterations made Shoulder note “Payment of paragraph 6(1)(xxiv) moneys out of provident fund to deceased persons” inserted before the new section 7 Renumbered as subsection 7(3) paragraphs 6(1)(xii), (xxi) with consequential alterations and (xxiv) made 2. Words “new trustee or trustees” paragraph 6(1)(xxi) substituted for “new trustee or new trustees” 3. Words “for the investment” paragraphs 6(1)(xiii) and transposed before the words (xvi) “of such money” and commas inserted before the words “trustees” and “investment” 4. Word “thereof” at the end of paragraph 6(1)(xxi) this subsection omitted subsection 5(5) 1. Renumbered as subsection paragraph 6(1)(xii) 7(4) 2. Wo r d s “ s u b s e c t i o n ( 3 ) ” paragraphs 6(1)(xvi) and substituted for “sub-section (xix) (4)” 3. Words “of the High Court” paragraph 6(1)(xxi) substituted for “thereof” subsection 5(6) Divided and renumbered as p a r a g r a p h s 6 ( 1 ) ( x i