KUALA LUMPUR – The Selangor local authority (PBT) has no power to shut down factories to curb the spread of Covid-19 as the power lies in the hands of the Federal Government.
The Selangor Local Government and Public Transport Exco, Ng Sze Han said, Section 107(2) of the Local Government Act 1976 (Act 171) does not grant the PBT rights to order factories to shut down.
According to him, the act only mentions that each license or permit granted shall be subject to conditions and restrictions as the local authority may think fit and shall be revocable by the local authority at any time without assigning any reason.
Although the section looks as if it grants the PBT the authority to revoke licenses, the revocation must be made according to the conditions and parameters stated in the license and not in the baseless or arbitrary nature.
This section also does not explain that the PBT can order for the closure of factories, Sze Han said in a statement today.
He said, the standard operating procedures (SOP) were enforced through Act 342 since 18 March last year, including the Movement Control Order (MCO) and Enhanced Movement Control Order (EMCO) in almost every part of Selangor.
“Act 342 grants authority to the Federal Minister through Section 3(1) to appoint Health Officer or any other officers to enforce the efforts to contain the Covid-19 outbreak,” he said.
According to him, the officers given the duty to enforce the providence in Act 342 through Section 3(1) during MCO 3.0 are the Royal Malaysia Police and RELA.
“The authority encompasses determining the social sector permissible, movement control including inter-district or interstate travel, economic sector and premises allowed to operate or ordered to close and the processes of determining offences and penalties on the companies or individuals who violate the terms.
“On 3 March 2021, the Minister of Health and Minister of Law at the Prime Minister’s Office had amended Section 2(1) of the Emergency Ordinance (Prevention and Control of Infectious Diseases) Amendment 2021 by extending the officers involved to statutory bodies and local authorities to jointly enforce the standard operating procedures,” he said.
Meanwhile, Sze Han also said that the amendment does not mean that PBT has the power to shut down factories, on the contrary, it was amended to enable Environmental Health Officers in PBT to assist the enforcement of SOP and the orders of the Federal Government.
“That power is still under the Federal Government. At this moment, one of the effort to shut factories down and the adherence of SOP is implemented through Op Patuh.
“The Operation is executed by a SOP MCO Covid-19 Enforcement Coordination Committee led by the Home Ministry (KDN), where the Selangor PBT is merely one of its committee member,” he explained.
He also added that the police reported that 39,604 inspections have been conducted through Op Patuh in Selangor as of 12 July and 768 compounds have been issued where 214 premises including factories have been ordered to shut down.
“The inspection process will be carried on to ensure that the Covid-19 outbreak can be contained and the cases are reduced so that the national health system will not be burdened by the sudden surge of patients,” he said.
In short, the PBT in Selangor is carrying out its role and responsibility according to the parameter and the doctrine of rule of law through fair and equitable treatment via the providence in Act 342.
“Thus, under Act 342, PBT has no authority to annul, end or revoke licenses or permits as they wish on any factories in Selangor,” he explained. –MalaysiaGazette
