Wednesday, June 3, 2009

National Council For Local Government

The role, composition and power of National Council on local government.

Ø Federal constitution also provides the power to the state government on matter pertaining to local government which stated under item no 4 of the List 2 under Ninth Schedule.

Ø But at the same time Federal Constitution also give power to the parliament to enact law on local government. It is provided under article 76 (4) which not only give the power for the government to enact law on land matters but also any matters on local government.
Ø Local government is the lowest level in the system of government in Malaysia after federal and state.

Ø Article 95A contains provision on National Council for Local Government which clause 1 says about the members of the council and it same like members of National Council on land.

Ø Clause 5 states about the role and function of the council which is to formulate from time to time in consultation with the federal government and the state governments a national policy for the promotion, development and control of local government throughout the federation and the administration of any law relating thereto.

Ø The Local Government has the power to collect taxes (in the form of assessment tax), to create laws and rules (in the form of by-laws) and to grant licenses and permits for any area of jurisdiction, in addition to providing basic amenities, collecting and managing waste and garbage as well as planning and developing the area under its jurisdiction.

Ø Examples of laws enacted by parliament relating to local government are Local Government Act 1976, Town and Rural Planning Act1976 and Drain, Road and Building Act1974.