(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.
Act 798
Local Authorities (Conditions of Service) Act 1964
Akta pihak berkuasa tempatan (syarat perkhidmatan) 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.
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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].
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.
(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.
(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
(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.
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.
(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.
(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.
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.
s 9Powers and duties conferred or imposed under this Act are in addition to powers and duties under other written lawOpen ↗
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) ACT 1964
(Revised—2017)
Cite this legislation
- Official citation
- Act 798
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Local Authorities (Conditions of Service) Act 1964 [Act 798] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-798
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
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).