2.

0 Main Provision in LGA 171 that relate to its function

The Local Government Act 171 set up local authorities in Malaysia with a very
comprehensive set of functions and responsibilities. (Ali, 2009) It shows the jurisdiction on what
local authorities can do or cannot do. In many countries, local government has their own
capability to setting the obligatory and discretionary functions to local people. The local
authorities in Malaysia basically carried out two type of functions to local people which are
obligatory functions and discretionary functions. It is to make sure that local governments are
endowed with the power given by the Local Government Act 171 in order to provide goods and
services to local people. Obligatory functions means that it is anything that required by a legal,
moral or other rules while discretionary functions means that anything that is not compulsory or
optional. Obligatory functions can be generally divided into five main sections which are public
amenities, enforcement and license grant, public health and hygiene (cleaning and waste
management), social service and development, and environmental issues. In many countries,
local government has their own capability to setting the obligatory and discretionary functions to
local people. However, in order to see more clear on the extent of the act has helped to improve
the function of local government, it have been divided into several scope which are
administration, enforcement and license grant, public amenities, environment and health.

2.1 Administration
Administration can be defined as the arrangements and task needed to control the
operation of a plan or organization. In the Local Government Act 171, there are several provision
which discuss the function of local government in term of administration. The first one is Section
8 of LGA 171 which tells that the affairs of local authority area should be administered by a local
authority that established by and accordance with this act. It shows that every particular area
should be governed by the local authority that in charge in their jurisdiction and not by others
local authority. Next, Section 16 of LGA 171 tells that local authority have power to appoint
officers and employees. It shows that local authority have power to appoint their officers and
members in respect to carry out the task and work as the local authority. The third provision is
Section 17 that shows the powers of local authority to provide for discipline of its officer. It
discuss about powers of local authority to punish any of its officer that involve with misconduct.
The last provision is section 19 of LGA 171 which is regarding to local authority office. It means
that every local authority shall provide an office within its area for the transaction of business.
For example, there is one issue that arise in Subang Jaya which is there are several Subang Jaya
enforcement officer that involves with corruption of amount around RM 200 to RM 3000. By
refer to section 17 of LGA 171. The Subang Jaya Municipal Council can suspend those officers
that involve in misconduct from doing his function. This shows that the provision in LGA 171
have improve the function of local government in term of administration by maintain good
conduct and discipline among its officer.

2.2 Enforcement and License Grant

The Local Government Act 171 also list down several provision in which that have power
to enforce and give license toward the public in their area. The first one is Section 72 that state
that local government have power to grant license of temporary buildings, stalls, tables, show
boards and stationary for the sale or exposing for sale.. It is usually regarding to any foods or
drinks in street, public places, places of public resort and private premises. They also can
destroy, disposed or seize to any business that are not licensed. For example, Restaurant in
Subang Jaya had operate without proper license, so Subang Jaya Municipal Council have shut
down 80 restaurants during January until 16th December 2015. It is because the restaurants fails
to comply with councils rule. Next, Section 73 and Section 101 shows that local government
have the power to make By-laws in order to regulate, supervise and license peddlers, hawkers,
street traders and to prescribe streets or areas in which peddlers, hawkers and street traders shall
be prohibited. For example in Sungai Petani, the Municipal Council of Sungai Petani imposed
two types of by-laws which are Licensing establishment for Trade, Business and Industries
(MPSP) By-Laws 1995 and Licensing of Trade, Business or Industries (MPSP) By-Laws 1995.
Thirdly, Section 107 is regarding to license. The local authority have power in grandly the
license or permit and may prescribe the fees. They also can refuse to grant license without giving
any reason. The licenses that have been validate must not exceeding 3 years. For example is
Local Council License. It is simple license to get from local authority where the company will
structure. This Local Government Act 171 have help to improve the function of local government
in term of enforcement and license grant by providing guidelines and restriction on what they
can do and they cannot do. It is important in order to control the behavior of their people in
effective and efficient way.

2.3 Public Amenities

Public Amenities is define as any resources, convenience, facilities or benefits that
continuously offered to the general public for their use or enjoyment. It is refer to restrooms,
information display, public telephone and others. There are several provision in Local
Government Act that state about the function of local authority in the scope of public amenities.
Section 63 of LGA 171 state that local authorities have general control and care of all places
within local authority areas. Section 72 of LGA 171 state that local authority has the power to
establish, erect and maintain public lavatories, closets and urinals either above or below ground.
Section 73 and Section 101 is refer to power to make by-laws. The local authority needs to keep
public places clean and free from liquid waste. They also need to construct, maintain, supervise
and control public parks, gardens, esplanade, and recreation grounds. There is one issue that arise
which is made by Audit Findings by Local Government department indicate the majority of
public toilets audited were found to be unsatisfactory. By refer to the provision in Local
Government Act 171, it is responsibility of the local authority in order to take care and maintain
the public toilets to be in good condition. It is to make sure that it can bring the good image of
government in that particular area and it also can attract the foreigners to use all the public
amenities without giving any complaint about it.

2.4 Environment
Environment can be refer to as the air, water, land in or in which people, animals and
plants lives. There are also provisions in Local Government Act 171 that discuss regarding to
environment. Section 69 of LGA 171 state about the nuisance in streams. While section 70 of
LGA 171 state about pollution of stream with trade refuse. Both of this section tells that if there
is any people that involves with nuisance in stream and pollutions of stream with trade refuse
that located under jurisdictions of any local authority shall be liable to get fine or term of
imprisonment. Next, section 72 of LGA 171 state that about the power to establish, maintain and
carry out such sanitary services. It means that it is responsible of local authorities to carry out
sanitary services in every local authorities areas. It can be seen in Sungai Petani, the sanitary
service is giver toward private company which is E-idaman in order to carry out the sanitary
services. Lastly, Section 73 and Section 101 of LGA 171 is regarding to by-laws. The local
authority needs to establish, maintain and compel the use of any service for dealing with
efficient. They also have the power to plant, trim, or remove trees, to maintain or contribute to
the maintenance of historical buildings and to supply electricity for all purpose. There is one
issue regarding to environment that arise which is Klang river in Klang have been reported as the
dirtiest in the country in term of amount of rubbish found. By refer to Local Government Act
171, it clearly shows that it is the responsible of city hall in order to solve the problem. The local
authority needs to make sure the cleanliness of environment in their areas to be in good
condition.

2.5 Health
The local authority plays an important roles regarding to the health issue in their area.
The Local Government Act 171 stated several guidelines in order to improve and maintain the
health of their people in their areas. Section 72 of LGA 171 state that local authority has the
power to safeguard and promote the public places. They also needs to take all necessary and
profitable measures to prevent the occurrence of any infection disease and to prevent any
nuisance or condition likely to be injuries or dangerous to health. While section 73 and section
101 of LGA 171 is regarding to by-laws. They also can make by-laws that is refer to the preserve
of the public health, preserve the outbreak or spread of disease, declare what disease are
notifiable, provide compulsory removal of person suffering that disease to suitable hospitals or
place of isolation and to regulate quarantine. There is also one issue that arise regarding to health
in Selangor which is the increase in the Dengue cases. One of the factor that happen because
there is a lack of coordination between the Selangor governments health and local government
portfolio. Selangor have been recorded as the state that record the most dengue cases in 2015.
Every local council in Selangor must responsible toward their areas in order to reduce the
number of dengue cases in Selangor. By refer to the provisions in Local Government Act 171, it
clearly has improved to help the function of local government in term of health. They can take
appropriate steps in order to improve the health of their population and they can make a plan in
order to secure their areas from threat of any disease.

REFERENCES
Retrieved March 7, 2015 from http://penangmonthly.com/local-government-in-malaysia-typesfunctions-organisation-members-and-budget/
Retrieved March 7, 2015 from http://www.thestar.com.my/news/nation/2014/04/07/rivers-offilth-and-garbage-pollution-a-contributing-factor-to-current-water-shortage/
Retrieved March 5, 2015 from http://www.thestar.com.my/opinion/letters/2016/02/22/theshocking-state-of-our-public-toilets.
Retrieved March 4, 2015 from http://www.thestar.com.my/metro/community/2016/02/25/
indscriminate-rubbish-dumping-causing-spike-in-cases-hearing-told/
Retrieved March 4, 2015 from http://www.thestar.com.my/metro/community/2015/10/22/mpsjofficers-under-remand-in-graft-probe/
Retrieved March 3, 2015 from http://www.thestar.com.my/metro/community/2015/12/18/mpsjkeeps-close-watch-on-eateries-council-takes-action-on-those-operating-without-license/