Local authorities cannot issue closure orders to factories: Selangor exco

SHAH ALAM – Local authorities in Selangor have no power to issue closure orders to factories to curb the spread of Covid-19 in their areas as the power lies with the federal government, said state Local Government and Public Transport Committee chairman Ng Sze Han today.

He said Section 107(2) of the Local Government Act 1976 (Act 171) did not elaborate on the power of local authorities to issue a closure order on factories.

Although Section 107(2) gives absolute power to local authorities to revoke factory operating licences, Ng said revocation of a licence must be done in accordance with the conditions and parameters stated in the licence at the time of its issuance, not arbitrarily or without basis.

“The factory operating licences issued by local authorities are only subject to Act 171.

“It does not include health issues relating to the prevention and control of infectious disease because such matters are subject to health law enforced by the federal government through the Prevention and Control of Infectious Diseases Act 1988 (Act 342),” he said in a statement here, in response to the demand for local authorities to issue a closure order on factories following the surge of Covid-19 in Selangor.

Ng said standard operating procedures were complied with and enforced under Act 342 since March 18 last year.

He said this includes the movement control order and enhanced movement control order currently in force almost all over the state.

Ng explained that even though Health Minister Datuk Seri Dr Adham Baba and Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Takiyuddin Hassan had amended Section 2(1) of the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 on March 3 this year, it did not mean local authorities have the power to order the closure of factories.

“The amendment was made to enable environmental health officers in local authorities’ areas to help ensure compliance with SOPs and federal government instructions,” he said. – Bernama, July 14, 2021