Friday, 25th April 2014 10:27:40

Legal and Prosecution Department

FAQ

1. What documents need to be attached to the Agreement to be signed and given a contract number by the Department of Legal & Prosecution for contractors/developers/consultants who have Private Limited or Limited companies?
  i. Offer letter from KL City Hall, Letter of Appointment, Appointment Confirmation Letter and Start Work Order
  ii. Bank Guarantee/Payment Deposit Receipt
  ii. Company Constitution (Memorandum of Articles of Association), Form 24 (Return of Allotment of Shares), Form 49 (Return Giving Particulars In Register of Directors, Managers & Secretaries and Change of Particulars) and Director’s Resolution
  iv. Implementation verification letter, signed by the Director of the Department
                           
2. What documents need to be attached to the Agreement to be signed and given a contract number by the Department of Legal & Prosecution for contractors/developers/consultants who have Enterprise Companies?
  i. Offer letter from KL City Hall, Letter of Appointment, Appointment Confirmation Letter and Start Work Order
  ii. Bank Guarantee/Payment Deposit Receipt
  iii. Form D (Business Registration Form)
  iv. Implementation verification letter, signed by the Director of the Department
                           
3. What documents need to be attached to the Agreement to be signed and given a contract number by the Department of Legal & Prosecution for individual contractors or consultants?
  i. Offer letter from KL City Hall, Letter of Appointment, Appointment Confirmation Letter and Start Work Order
  ii. Bank Guarantee/Payment Deposit Receipt
  iii. Copy of Identification card/document
  iv. Implementation verification letter, signed by the Director of the Department
                           
4. If there is no written contract, is it binding for involved parties?
  Yes, by way of conduct or impliedly, the elements of a contract, which are offer, acceptance and consideration exist. For example, the Appointment Letter and Appointment Confirmation Letter that is submitted by KL City Hall contains conditions that bind both parties and an agreement will be signed when there is a contract that binds the two parties.
                           
5. In the event that a property owner has passed away, what documents are required for the beneficiary for the purpose of administering the property of the deceased?
  i. Power of Attorney
  ii. Letter of Administration
  iii. Form F under the Small Estates (Distribution) Act 1955
                           
6. How long is the Bank Guarantee valid?
  i. For supply and service contracts – one (1) year after the contract expiration date
  ii. For Consultant Contracts - six (6) months after the contract expiration date  
  iii. For work contracts – one (1) year after the defect liability period  
                           
7. An agreement was signed between KL City Hall and Company A. However, Company A has changed its name to Company B. For payment purposes, what should the company do?  
  If there is no change in structure and shareholders of the Company and this is evidenced by Form 13 of the Company Act 1965 (Incorporation on Change of Company Name Declaration Form), then the payment can be made to Company B.  
       
8. What elements are required to complete an agreement before it is submitted to the Department of Legal & Prosecution to be executed on behalf of the Mayor of Kuala Lumpur?  
  i. Agreement document must be signed by the Contractor/Developer/Consultant  
  ii. Agreement should be signed using a black ink pen  
  iii. For Private Limited Companies:  
    a. The company seal must be intact
    b. Agreement must be signed by two Directors of the Company or a Company Director along with the Secretary of the Company as contained in the Director’s Resolution
    c. The name, identification number and position of signatories must be included
  iv. For Enterprises or Individuals:
    a. Agreement must be signed by sole proprietor / individuals / partner
    b. Company stamp, name stamp and identification number of signatories must be included
     
9. What is the difference between a compound notice and a summons?  
  A compound notice is a notice that is issued when an offense is committed, whereas a summons is issued when a notice for an offense is not paid for in the predetermined time frame.  
                           
10. Can a summon payment be settled outside Court?  
  No. Summon payments can only be settled in Court, on a predetermined date.  
                           
11. What is the fine that is usually issued by the Magistrate for an offense?  
  It is up to the discretion of the Magistrate based on the grounds and reasons raised in Court.  
                           
12. Can a compound notice be checked based on the car number or IC number?  
  Yes. Checking for offenses can be done at the compound room or the department that issued the notice.  
     
13. My compound payment was settled a long time ago, but I still receive reminder letters?  
  AWhen reminder letters are still received after payment has been made, the reminder notice can be revoked provided the person can provide a copy of the compound payment receipt.  
     
14. Is it possible to check if a compound notice has been paid for?  
  The individual should submit the number of the notice to the compound officer or the officer on duty at the issuing department.  
     
15. If a vehicle has been sold, what should be done by the owner of the vehicle upon receiving notice of the offense?  
  If a offense notice has been receive but the car was sold on the date of the offense specified in the notice, the recipient of the notice is required to submit documents related to the sale of the car or confirmation from the Department of Road Transportation in connection with the owner on the date of the offense and the notice will be removed.  
     
16. Where is the KL City Hall Magistrate Court Building and at what time must a person be present in court?  
  The City Hall Magistrate Court is situated on Jalan Pahang Barat ati Jalan Tun Razak, near the Titiwangsa LRT/STAR stations (near the Pekeliling flats). The person being summoned has to be present at court at 8:00am because court goes into session at 9:00am.  
     
17. What is the dress code to go to Court?  
  The person being summoned must be properly attired when in Court. Short pants or skirts, sleeveless shirt and t-shirts are not allowed.  
         
18. Can a compound payment be made in installments or by using a personal cheque?  
  No. Payment can only be made using a bank draft, postal order, banker’s cheque or cash only.  
         
19. What documents are required when summoned to court?  
  The following documents must be brought to court:  
  i. Identity card  
  ii. The summon letter received  
  iii. If the summon is received by a firm/company, please submit a letter of representation from the Director or company/firm owner to the court  
  iv. If received by an individual, he should be present himself. If unable to attend, a representative must bring a letter from the summon recipient and it is up to the Magistrate whether the letter can be accepted or not  
         
20. What will happen if I don’t attend court on the predetermined date?  
  If the summon recipient does not attend, a warrant of arrest will be issued and served on the individual. Normally an arrest warrant will be issued 3 times. If the individual is still not detected, the case will be diDNAA”kan. If the individual turns himself in, the arrest warrant will be reinstated with conditions while still in the 3 time warrant period.  
         
21. How can a person obtain copies of Acts / by-laws of City Hall?  
  Sekiranya OKS tidak hadir, waran tangkap akan dikeluarkan dan disampaikan kepada OKS. Kebiasaannya waran tangkap akan dikeluarkan sebanyak 3 kali. Sekiranya OKS masih tidak dapat dikesan, kes akan diDNAA”kan. Sekiranya OKS dating menyerah diri, waran tangkap akan dihidupkan semula dengan syarat masih dalam tempoh 3 kali waran tangkap.  
         
22. Can the Acts / by-laws of City Hall be bought at book stores?  
  For now, Acts / by-laws are not sold at any bookstores. However, this department is in the process of preparing a Law Database System, which contains all City Hall legislation. With the implementation of this system, everyone will have access through the City Hall website.  
         
23. How can one apply for an authority card?  
  An authority card can be applied for through the respective Head of Department by filling in a prescribed form along with two passport-sized colour photographs. This procedure aims to ensure that only qualified personnel can apply for the card.  
         
24. Who is eligible to apply for an authority card?  
  Only authorized personnel are eligible. However, for other staff involved with outside work but do not have authority, the department will issue a identification card.  
         
25. What should be done if the card is lost or an employee retires?  
  Can compensation be claimed from City Hall for accidents that happen because of fallen trees?  
         
26. Can compensation be claimed from City Hall for accidents that happen because of fallen trees?  
  The Mayor of KL cannot prevent any parties from submitting a compensation claim or from taking legal action towards City Hall. However, whether or not the claim will be successful is subject to the decision of the investigation conducted by the insurance adjuster and also the decision of the court, should the case be brought to court.
 
  For accidents involving vehicles of people hit by trees (not including trees on private land) during heavy rains do not necessarily receive compensation for damages because based on prior cases, these incidents are deemed by the court as an “Act of God”.  
  In other words, City Hall is not liable for any accidents caused by natural disasters (acts of God). City Hall will only be reliable if it is proven that the accident was caused by the negligence of City Hall - the incident did not occur during heavy rains or floods, or if City Hall did not maintain the trees properly. The insurance adjuster will conduct an investigation regarding these matters and the results are once again subject to the investigation of the insurance company.  
         
27. Can compensation be claimed from City Hall for damage or loss of life due to flooding?  
  Any party may submit a claim to City Hall for damages due to flooding. However, whether or not City Hall is responsible for accidents caused by natural disasters such as floods, storms, heavy rain and others is subject to the investigation results of the insurance adjuster and also the decision of the court, should the case be brought to court. City Hall will only be liable if the accident is proven caused by the negligence of City Hall.  
         
28. Can City Hall employees claim damages or compensation to City Hall if they are involved in an accident while during working hours?  
  All City Hall employees can submit claims against City Hall if they have an accident while carrying out official duties. However, whether the claim will be successful or not depends on investigations carried out by City Hall and if the case is brought to court, the court will make a decision. If it is proven that the accident was due to City Hall negligence such as employees were not provided with complete, perfect safety equipment, there is a possibility that City Hall will be responsible for the accident.  
         
29. Is City Hall responsible for driving out squatters on private or government land?  
  City Hall is not responsible for evicting squatters who occupy private land, but has the authority to do so for Federal Government (Kuala Lumpur) land. However, if the landowner successfully obtains an order from the court that asks for help from City Hall to evict squatters from private land, City Hall will provide assistance under the condition that the landowner is required to pay a deposit determined by the Directorate of Enforcement depending on the total land are and number of squatters to be demolished.  
         
30. May third party mobile assets (such as tenants) be seized by City Hall if property owners fail to pay the assessment?  
  Yes, City Hall reserves the right to seize property owned by residents of the presidents concerned in accordance with Section 148 (1) of the Local Government Act 1976.  
         
31. Does City Hall have the right to break into a house or building for the holding of property for which assessment taxes have not been cleared?  
  Yes. Pursuant to section 148(3) of the Local Government Act 1976, City Hall officials are authorized to break into a house or building during the day to seize movable property found on the premises.  
         

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CLIENT CHARTER

We, the staff of the Legal & Prosecution Department will provide efficient and effective service in implementing the functions of the department. As such we promise to:
       
1.   Legal Advice:
  i. Provide legal advice to the departments in KLCH and the public within five (5) days from receipt of request if they do not include other agencies.
  ii Prepare feedback to the cabinet/advisory board head of departments within five (5) days from the date instruction is received.
2. Legislation:
  i. Legal Documents
   
  • Check and update legislature every five (5) years.
   
  • Prepare first draft of legislature within thirty (30) days from the date instruction is received provided information received is complete.
   
  • Prepare cabinet paper relating to the legislature within fourteen (14) days after the draft has been approved by the attorney general.
       
  ii. Contract/Partnership Agreements Documents
   
  • Prepare first draft of legislation within thirty (30) days from date instruction is received, if the terms of agreements have been received.
   
  • Prepare final draft of partnership agreement within thirty (30) days from the date the terms of agreement have been agreed upon at the privatisation technical committee level for the approval of the Mayor.
   
  • Process and sign an agreement document received in complete form within five (5) days from the date it is referred.
3. Prosecution:
  i. File-in complaint cases to the court within fourteen (14) days from the date complaint is received.
4. Civil:
  i. Appoint legal panel to represent the Mayor within three days from the date civil legislation case againts the Mayor is received.  
  ii. Inform the departments concerned regarding court decisions within five (5) days from the date court decision is received.  

DIREKTORI

 
JABATAN UNDANG-UNDANG DAN PENDAKWAAN
Tingkat 20, Menara DBKL 1,
Jalan Raja Laut,
50350 kuala lumpur
Talian Am 603 2617 9304 / 9301 / 9309
Faksimili 603 2698 8541
Emel This email address is being protected from spambots. You need JavaScript enabled to view it.

 

NAMA JAWATAN TELEFON EMEL
BAHAGIAN PELAKSANAAN PERUNDANGAN
Nasrul Zaki b. Mohd Yunus Timbalan Pengarah L52 603 2617 9300 This email address is being protected from spambots. You need JavaScript enabled to view it.
Mimi Aryani bt. Mustapha Pegawai Undang-Undang L48 603 2617 9305 This email address is being protected from spambots. You need JavaScript enabled to view it.
Mohd Hazly b. Md Rais Pegawai Undang-Undang L41 603 2617 9307 This email address is being protected from spambots. You need JavaScript enabled to view it.
Dahlia bt. Mohd Dewa Pembantu Tadbir (P/O) N22 603 2617 9317 -
Nor Azlan b. Wahid Pembantu Tadbir (Kewangan) W17 603 2617 9308 -

 

JABATAN UNDANG-UNDANG DAN PENDAKWAAN
Tingkat 22, Menara DBKL 1,
Jalan Raja Laut,
50350 kuala lumpur
Talian Am 603 2617 9235 / 9236 / 9254 / 9244 / 9252
Faksimili 603 2691 8185
Emel This email address is being protected from spambots. You need JavaScript enabled to view it.

 

NAMA JAWATAN TELEFON EMEL
BAHAGIAN PERANCANGAN DAN PENTADBIRAN PERUNDANGAN
Rohayah bt. Karim Pengarah 603 2617 9243 This email address is being protected from spambots. You need JavaScript enabled to view it.
Laila bt. Abdullah Setiausaha Pejabat 603 2617 9245 This email address is being protected from spambots. You need JavaScript enabled to view it.
Fadzilah bt. Abd. Rashid Timbalan Pengarah Kanan L54 603 2617 9240 This email address is being protected from spambots. You need JavaScript enabled to view it.
Nur Shazwani bt. Zaaba Setiausaha Pejabat 603 2617 9248 -
Izmah Nor bt. Hj. Mohd Idris Timbalan Pengarah L52 603 2617 9255 This email address is being protected from spambots. You need JavaScript enabled to view it.
Mohd Arief b. Kamarudin Pegawai Undang-Undang L48 603 2617 9250 This email address is being protected from spambots. You need JavaScript enabled to view it.
Norsiah bt. Jamil Pegawai Undang-Undang L48 603 2617 9242 This email address is being protected from spambots. You need JavaScript enabled to view it.
Ainan Masni bt. Abdullah Sani Pegawai Undang-Undang L41 603 2617 9237 This email address is being protected from spambots. You need JavaScript enabled to view it.
Ani bt. Awang Penolong Pegawai Undang-Undang L32 603 2617 9239 This email address is being protected from spambots. You need JavaScript enabled to view it.
Nor Lely bt. Manaf Penolong Pegawai Tadbir N32 603 2617 9241 This email address is being protected from spambots. You need JavaScript enabled to view it.
Yusof b. Said Penolong Pegawai Undang-Undang L29 603 2617 9251 This email address is being protected from spambots. You need JavaScript enabled to view it.
Mohd Noor Redza b. Mohd Radzuan Penolong Pegawai Undang-Undang L29 603 2617 9253 This email address is being protected from spambots. You need JavaScript enabled to view it.
Norazua bt. Mohd Amin Penolong Pegawai Undang-Undang L29 603 2617 9247 This email address is being protected from spambots. You need JavaScript enabled to view it.
Amirul Amzar b. Anuar Penolong Pegawai Undang-Undang L29 603 2617 9238 -
Murni Fairuz bt. Yahya Penolong Pegawai Undang-Undang L29 603 2617 9247 -

 

JABATAN UNDANG-UNDANG DAN PENDAKWAAN
Tingkat 2, Menara DBKL 2,
Jalan Raja Laut,
50350 kuala lumpur
Talian Am 603 2028 2891 / 2887 / 2889
Bilik Kompaun 9949
Faksimili 603 2697 0052

 

NAMA JAWATAN TELEFON EMEL
Mahkamah Majistret (DBKL)
Harvinderjit Kaur a/p Ranjit Singh Pendaftar 603 2028 2894 -
Nor Rulfazilah bt. Ishak Penolong Pegawai Undang-Undang L32 603 2028 2900 This email address is being protected from spambots. You need JavaScript enabled to view it.
Mohd Irwan b. Mat Penolong Pegawai Undang-Undang L32 603 2028 2904 This email address is being protected from spambots. You need JavaScript enabled to view it.
Mohd Asri b. Abdul Ghaffar Penolong Pegawai Undang-Undang L32 603 2028 2901 This email address is being protected from spambots. You need JavaScript enabled to view it.
Meor Rusydi b. Mohd Razali Penolong Pegawai Undang-Undang L32 603 2028 2899 This email address is being protected from spambots. You need JavaScript enabled to view it.
Azzatul Akmal bt. Ahmad Fuad Penolong Pegawai Undang-Undang L29 603 2028 2902 This email address is being protected from spambots. You need JavaScript enabled to view it.

OUR SERVICES

Objective

Ensure that the actions of the Mayor of Kuala Lumpur are in accordance with the provisions of the enforced law.
   

Function

Ensure that the actions of the Mayor of Kuala Lumpur are in accordance with the provisions of the enforced law.
   
1. Providing legal advice to the Mayor of Kuala Lumpur.
2. Formulating and revising all legislation enforced by the Mayor of Kuala Lumpur.
3. Conducting prosecutions relating to offenses under the laws enforced by the Mayor of Kuala Lumpur.
4. Coordinating and reviewing cases related to civil claims.
5. Preparing and drafting joint venture agreements, contracts and other legal documents.
6. Providing training and lectures on the legislations enforced by the Mayor of Kuala Lumpur.