Marsden Law Book

“Volume 4 deals with the powers, duties, and liabilities of local authorities under the provisions of the Town and Country Planning Act 1976 (Act 172)”

The constitution of Malaysia makes provisions for local government. The main governing legislation includes the Local Government Act 1976 (Act 171) which is applicable to Peninsular Malaysia, whereas the Local Authorities Ordinance 1996 and Local Government Ordinance 1961 apply to the states of Sabah and Sarawak respectively.

These books consist of  4-part series on Local Government Laws, this pertinent publication provides an in-depth explanation of the legal structure of local government in Malaysia. The various legal principles pertaining to local authorities such as the commencement of legal proceedings by and against local authorities; the availability of injunctive reliefs against local authorities; the applicability of the doctrine of legitimate expectation and estoppel against local authorities and much more are explicitly detailed in this book.

In addition, the powers, duties, and liabilities of local authorities under the provisions of the Strata Management Act 2013 (Act 757); Road Transport Act 1987 (Act 333); Statutory and Local Authorities Superannuation Fund Act 1977 (Act 185); Destruction of Disease-Bearing Insects Act 1975 (Act 154), among others, are also covered in Volume 1.

About the Author

The author Kanesh Sundrum is the managing partner of Kanesh Sundrum & Co. and has been in active legal practice since 1997 concentrating on civil litigation involving corporate commercial matters, local authorities and statutory bodies. As legal counsel for numerous Local Authorities, the author routinely advises and represents Local Authorities at all levels of courts and has been doing so for over 20 years now.

The author represents Local Authorities mainly in matters concerning contractual disputes; claims for breach of statutory duties; negligence claims; claims for injunctive and declaratory reliefs by and against Local Authorities; judicial review applications; claims concerning town planning and planning approval under the Town and Country Planning Act 1976; claims concerning approval of plans, earthworks, construction and enforcement under the Street, Drainage and Building Act 1974 and the Uniform Building By-Laws 1984; claims concerning assessment and rates under the Local Government Act 1976 etc.

Most recently the author represented Majlis Bandaraya Seberang Perai in Weng Lee Granite Quarry Sdn Bhd v. Majlis Perbandaran Seberang Perai [2020] 1 CLJ 34 at the Federal Court in successfully defending the appeal relating to section 70A of the Street, Drainage and Building Act 1974.

The author also advises Local Authorities in drafting and preparation of joint venture agreements, concession agreements, construction agreements, sale and purchase agreements involving Local Authority assets, licensing agreements, development agreements etc. The author is also an accredited mediator and a notary public.