Lecture 3 (Gov Structure & System)

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GOVERNMENT

STRUCTURE AND SYSTEM


LEARNING OUTCOMES :
At the end of the class:
1) Students are able to understand the concept
of government structure and system in
Malaysia
2) Students are able to define the local
government system
3) Students are able to identify the concept of
administrative mechanism
GOVERNMENT STRUCTURE
Malaysia consists of 13 states, namely Johor, Kedah,
Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Perlis,
Penang, Sabah, Sarawak, Selangor and Terengganu.
GOVERNMENT STRUCTURE

Apart from the 13 states, there are three Federal


Territories, which are administered under the authorities
of the Ministry of Federal Territories and Urban
Wellbeing. They are Kuala Lumpur, Putrajaya and
Labuan.

The Federal Territories have equivalent status to other


states in Malaysia but do not have a head of state or a
state assembly.  
GOVERNMENT STRUCTURE
GOVERNMENT STRUCTURE
GOVERNMENT STRUCTURE
Malaysia has a three-tier government structure:

Federal Government
(Ministry of Housing and Local Government )

State Government
(Executive Council - EXCO)

Local Government
District, Town, Municipal Councils, City Halls
GOVERNMENT STRUCTURE

The Cabinet is the highest coordinating executive


body of all government activities and interests.

The Cabinet is assisted in the discharge of its


functions by two national councils:
• National Economic Council (NEC), responsible for
coordinating all development programs
• National Security Council (NSC), responsible for
national security
GOVERNMENT STRUCTURE
The State Governments are headed by ceremonial
State Rulers. The Ruler acts on the advice of the
State Executive Council that is chaired by the Chief
Minister.

In the states where there is no hereditary ruler a


governor is appointed by the King to be the
ceremonial Head of State.

The State legislature has the autonomy to pass any


law so long as it is consistent with federal laws.

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GOVERNMENT STRUCTURE

There are others national councils:


• The National Council for Local Government
• The National Land Council
• The National Finance Council
• The National Tourism Council
• The National Information Technology Council
The national body responsible for Local Government is
the Ministry of Housing and Local Government,
assisted by the National Council for Local Government.
GOVERNMENT STRUCTURE
Ministry of Housing and Local Government

State Government - EXCO

Local Governments

Various Local Authority

The federal government forms the first tier.


Most local government policies are governed by the
State policy makers.
The local authorities are the third tier government
and they fall under the jurisdiction of state
governments.
LOCAL GOVERNMENT SYSTEM IN MALAYSIA
Ministry of Local Government, established in 1964.

The Minister of Housing and Local Government is


responsible for implementing all laws pertaining to
local government, the development of local
government policy and the implementation of all local
government functions.

These powers are granted to the minister by the


federal constitution and the Local Government Act
1976.
Cities are led by mayors, while
municipalities and districts are led by
presidents.

The State Government appoints the Mayor,


Chief Administrative Officer, and Councilors.

ORGANIZATION The state governments, elected every five


STRUCTURES years, appoint mayors, presidents and all
councilors. The appointments are for three-
year terms, but individuals may be
reappointed. This is uniform across the
country.

The council decision-making process is


through a committee structure determined
by the local authority, including the
committees provided for in legislation.
COUNCIL MEMBERS
Executive powers lie with the mayor in the city
councils, and presidents in the municipal and district
councils.
The respective state governments establish executive
committees, which are chaired by the mayor or
president. Councils can establish other general or
specific committees at their discretion.
LOCAL GOVERNMENT STAFFING
Individual local authorities recruit their own staff and
have the power to discipline and dismiss them as
necessary. In some cases there is deployment of civil
service staff to local government; occasionally senior
civil service staff are appointed as mayors or
presidents.

Each council is required to have an executive mayor


or president who is the head of the paid service as
chief executive officer. A typical staffing structure has
deputies, a secretary and heads of department
reporting to the mayor or president.
ADMINISTRATIVE
MECHANISM
ADMINISTRATIVE MECHANISM

The federal constitution gives jurisdiction over


local government to the states.

The constitution also provides for the National


Council for Local Government, which is a forum
for federal, state and local governments to
coordinate policies and laws relating to local
government.
ADMINISTRATIVE MECHANISM

The three main laws governing local


government in peninsular Malaysia are:

• Local Government Act 1976 (Act 171)


• Street, Drainage and Building Act 1973
(Act 133)
• Town and Country Planning Act 1976(Act
172)
ADMINISTRATIVE MECHANISM

The Minister of Housing and Local


Government is responsible for local
government legislation for peninsular
Malaysia. In Sabah and Sarawak the
respective ministers will responsibility for local
government deal with local government
legislation.
ADMINISTRATIVE MECHANISM

Local government in Sabah operates under


the Local Government Ordinance 1961.

In Sarawak, the Local Authority Ordinance


1948, Kuching Municipal Ordinance 1988 and
City of Kuching North Ordinance 1988.

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