By Selangor Journal Team
SHAH ALAM, July 14 — The permission to allow the manufacturing sector to operate during the enhanced movement control order (EMCO) lies under the Federal government’s jurisdiction, says Ng Sze Han.
The state executive councillor for local government said local councils in the state do not have the power to authorise the closure of factories despite the amendment made to Section 2 (1) of the Emergency Ordinance 2021 on March 3.
He said the amendment only extends the powers given to the officers in the monitoring of compliance of the standard operating procedures (SOP) to include statutory bodies and local councils, but this does not authorise the shutting down of factories.
“The amendment was made to allow health officers under local councils to help with SOP monitoring for compliance. The power (to close factories) is still under the purview of the Federal government,” said Ng in a statement today.
Citing the Prevention and Control of Infectious Diseases Act (Act 342), Ng said the Federal government gazetted the existing legislation to manage health matters concerning the prevention and control of infectious diseases.
He said although Section 107(2) of the Local Government Act 1976 (Act 171) may seem to allow discretionary powers to local authorities to revoke operating licences of factories, Ng said action could only be taken within the parameters of the licences issued and is not arbitrary or without basis.
“Since March 18, 2020, the SOPs we have been ordered to comply with were enforced through Act 342. This includes the enforcement of the movement control order and the enhanced movement control order implemented in most of Selangor.
“(Act 171) does not include the act of local councils to order the shutter factories.
“The local councils in Selangor are transparently and responsibly performing their duties within the parameters of the law and the doctrine of ‘the rule of law’ and ‘fair and equitable treatment’ under Act 342,” the statement read.
Ng said the state administration had referred to the state legal advisor, who in principle stated that at present, any matters concerning the operations of manufacturing sectors, including all regulations involving operating premises to contain the Covid-19 outbreak, are subject to Act 342.
“Therefore, in terms of Act 342, the local councils do not have the jurisdiction to simply revoke or cancel the operating licences of any factories in Selangor.
“The state government is ready to implement necessary actions and policies to prevent the spread of the Covid-19 pandemic within the existing legal limits and parameters.
