Appointment of Commissioner
(1) The municipal affairs of the City of Kuala Lumpur shall be administered by the Commissioner of the City of Kuala Lumpur.
(2) The Commissioner shall be appointed by the Yang di-Pertuan Agong for a term of five years or, if the Yang di-Pertuan Agong in any particular case so determines, for such shorter term as may be so determined.
(3) Subject to this Act, the Commissioner shall hold office upon such conditions as the Yang di-Pertuan Agong may from time to time determine.
(4) If at any time it appears to the Yang di-Pertuan Agong that the removal from office of any person holding the office of Commissioner is necessary in the interests of the effective administration of the affairs of the City, he may, without assigning any reason therefor, remove such person from office.
(5) The Yang di-Pertuan Agong may from time to time accept the resignation of the Commissioner.
(6) Where by or under this Act or any other written law the Commissioner is empowered to exercise any powers or perform any duties he may by instrument in writing delegate, subject to such conditions and restrictions as may be prescribed in such instrument, the exercise of such powers or the performance of such duties to any person described by name or office:
Provided that nothing in this section shall apply to any power to make any subsidiary legislation conferred upon him by or under this Act or any other written law.
(7) Where the Commissioner is prevented from carrying out his functions, exercising his powers, or discharging his duties by sickness, absence or any other cause, or where the office of the Commissioner is for any period vacant, the Secretary General of the Ministry of the Federal Territory, or such other public officer as may be authorized in writing by the Minister shall carry out the functions, exercise the powers and discharge the duties of the Commissioner.
*NOTE—Amended in consequence of section 8 of the Constitution (Amendment) (No. 2) Act 1973 and the Federal Capital (City Area) Order 1974 (P.U. (A) 42/1974).
Commissioner to be a body corporate
(1) The Commissioner shall be for all purposes a corporation sole under the name of “Datuk Bandar Kuala Lumpur” or, in English, the “Commissioner of the City of Kuala Lumpur”.
(2) The Commissioner shall have an official seal which shall be authenticated by the signature of the person for the time being holding the office of Commissioner, or by any other person authorized by the Commissioner in that behalf.
(3) The seal of the Commissioner shall be officially and judicially noticed, and every document purporting to be issued or made by the Commissioner and sealed with the seal of the Commissioner, authenticated as provided under subsection (2), shall in any litigation or proceeding be deemed to be so made or issued without further proof, unless the contrary is shown.
(4) A certificate signed by the Commissioner certifying that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of the fact so certified.
Advisory Board
(1) There shall be established for the purpose of this Act a body, to be known as the “Lembaga Penasihat Bandaraya Kuala Lumpur” or, in English, the “Advisory Board of the City of Kuala Lumpur”, to advise the Commissioner upon such matters connected with the administration of the City as the Yang di-Pertuan Agong may by order prescribe, and upon any questions referred to the Advisory Board by the Minister or the Commissioner.
(2) Subject to this Act and any regulations made thereunder, the meetings and procedure of the Advisory Board shall be determined by the Advisory Board.
(3) All members of the Advisory Board shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Constitution of Advisory Board
(1) The Advisory Board shall consist of such persons as shall be appointed members thereof by the Yang di-Pertuan Agong by notification in the Gazette:
*Provided that there shall be included among the members of the Advisory Board so appointed two persons nominated by the Ruler in Council of the State of Selangor.
(2) The Yang di-Pertuan Agong may, subject to this Act, by regulations provide for the number, nature, appointment, term of office, qualifications, disqualifications, seniority and conditions of retirement of members of the Advisory Board, and for the meetings and procedure of the Advisory Board.
Commissioner to preside at meetings of Advisory Board
(1) The Commissioner shall, so far as is practicable, attend and preside at all meetings of the Advisory Board, and in his absence any member of the Advisory Board appointed by the Minister in that behalf in writing, or in the absence of any such member, the senior member of the Advisory Board actually present shall preside.
(2) The Commissioner or other person presiding at any meeting of the Advisory Board shall cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.
*NOTE—Added in consequence of the Second proviso to section 8 of the Constitution (Amendment) (No. 2) Act 1973 [Act A206].
Minutes
(1) Minutes shall be kept of all proceedings of the Advisory Board.
(2) At every ordinary meeting of the Advisory Board the minutes of the last preceding meeting shall be confirmed, with or without amendment, as the case may require, before proceeding to the despatch of any other business.
Commissioner may act in opposition to Advisory Board
The Commissioner may, after consultation with the Minister, act in opposition to the advice given to him by the Advisory Board, if in any case he shall think fit to do so; but in any such case—
(a) he shall record fully in writing, for inclusion in the minutes, the grounds and reasons for his decision; and
(b) it shall be competent for any member of the Advisory Board to require that there shall be recorded in the minutes any advice or opinion that he may have given upon the question in dispute, and the grounds therefor.
Public authorities protection
The Public Authorities Protection Act 1948 [Act 198], shall apply to any action, suit, prosecution or proceeding against the Commissioner or the Advisory Board or against any member, officer, servant or agent of the Commissioner in respect of any act, neglect or default done or committed by him in such capacity.
Powers and duties of Commissioner
(1) The Commissioner shall, subject to this Act, have and may exercise all the powers and perform all the duties conferred or imposed upon the Municipal Councillors of Kuala Lumpur, the President and any Councillor or officer thereof immediately before the commencement of this Act.
(2) Subject to this Act and any order made under subsection 16(2), wherever in any written law, deed, document or other instrument, the operation of which has not lapsed or been discharged prior to the commencement of this Act, there appears the name of the Municipal Councillors of Kuala Lumpur, such law, deed, document or other instrument shall, unless the context otherwise requires, be read and construed as if there were substituted therefor the corporate name of the Commissioner.
Power of Minister to issue directions
(1) The Minister may from time to time give the Commissioner directions not inconsistent with this Act, on the policy to be followed in the exercise of the powers conferred and the duties imposed on the Commissioner by or under this Act in relation to matters which appear to him to affect the interests of the City, and the Commissioner shall as soon as possible give effect to all such directions.
(2) The Commissioner shall furnish the Minister with such returns, accounts and other information with respect to the property and activities of the Commissioner as the Minister may from time to time require.
Annual report
(1) The Commissioner shall, as soon as practicable after the end of each year, cause to be made and transmitted to the Minister a report dealing generally with the activities of the Commissioner during the preceding year, and containing such information relating to the policy of the Commissioner and the affairs of the City as the Minister may from time to time direct.
(2) The Minister shall cause a copy of every such report to be laid on the table of the Dewan Negara and the Dewan Rakyat.
Law Officers, etc., empowered to appear for Commissioner
The Attorney-General, the Solicitor-General, and any Federal Counsel may appear and plead and do all other things necessary in respect of any litigation or proceeding in any court in Malaysia in respect of any matter affecting the Commissioner or the affairs of the City.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
