(section 9)
(1st April, 1966)
ARRANGEMENT OF REGULATIONS
REGULATIONS
PART I
Preliminary
1. Citation
2. Interpretation
3. Application
4. Establishment of councils
5. Councils to be bodies corporate
6. Constitution of councils
7. Qualification for membership of councils
7A. Holding a post in public service
PART II
Establishment and Constitution of Councils
8. Tenure of office
9. Vacation of seats
10. Pecuniary interest of members
11. Mayor of council
12. Deputy Mayor of council
13. Filling vacancies
14. Elections
15. Qualifications of voters
PART III
Proceedings of Councils
16. Chairmanship of meetings
17. Quorum
18. Voting at meetings
19. Meetings of councils
20. Meetings to be public
21. Minutes to be kept
22. When minutes confirmed regularity deemed
23. Minutes open for examination
24. Committees
25. Joint committees of two or more councils
PART IV
Privilege of Immunity
26. Immunity from legal proceedings
27. Freedom from arrest
28. Exercise of process
29. Definition
PART V
Staff
30. Appointment of employees
31. Staff rules
PART VI
Powers and Duties of Councils
32. Functions and general powers of councils
33. General duties of councils
34 to 40. ...
41. Manner of entering into certain contracts
42. Exclusion of certain contracts from regulation 41
43. Three quotations or tenders to be considered
44. Notice calling for tenders to be published and posted
45. Content of notice and delivery of tenders
46. Particulars of contract to be supplied
47. Opening of tenders
48. Quotations and tenders to be considered by council or committee
49. Matters to be taken into account
50. Signature of contracts
51. Tenderers to be informed
52. Minister may approve waiver
53. Standing orders and financial rules
PART VII
Valuation and Rating
54. Appointment of valuation officer
55. Valuation officer's powers of entry
56. Valuation officer may obtain information
57. Establishment and constitution of valuation courts
58. Terms of office of members of valuation courts
59. Meeting, decisions and procedure of valuation courts
60. When member of valuation court may not sit
61. Clerk of valuation court
62. Date and place of sittings of valuation court
63. Rateable property
64. Listing of non-rateable property
65. Valuation of property for rating purposes
66. Interim valuation
67. Objection to interim valuations
68. Refund of excess rates paid
69. Basis of valuation
70. Particulars to be inserted in valuation roll
71. Objections to valuation roll
72. Appearance before court
73. Power of valuation court
74. Appeal
75. Record of proceedings of valuation court
76. Chairman to certify valuation roll
77. Advertisement of valuation roll
78. Correction of valuation roll
79. Pending appeal not to interfere with decision of valuation court
80. Valuation roll may not be set aside
81. Annual assessment and levy of rates
82. Special rates
83. When rates are due and payable
84. To whom rates to be paid
85. Enforcement of payment of rates
86. Rate recoverable by action in magistrate's court
87. Evidence of rate
88. When owner liable to pay portion only of rate
89. Payment of rate by occupier
90. Refusal by occupier to disclose name of owner
91. Interest on unpaid rates
92. Transfer of ownership of property
93. Abatement of rates
94. Writing off rates
95. Grant of leases of unoccupied property
96. Term and rent
97. Condition precedent
98. Resumption of possession by owner
99. Application of moneys received under leases by the council
PART VIII
Revenues of Councils; Accounts and Audit
100. Revenue of councils
101. General funds
102. Bank account and investments
103. Borrowing powers
104. Accounts and audit
105. Supply of copies of statement and report
106. Disallowance and surcharge
107. Financial year
108. Annual estimates
PART IX
Dissolution of Councils
109. Minister may dissolve a council
110. Suspension of a member of a council
PART X
Miscellaneous
111. Power of entry
112. Authentication of orders
113. Service of notice
114. Penalty for obstruction
115. Recovery of Government expenditure
Schedule - Functions which may be Conferred on Council
L.N. 37, 1966,
L.N. 61,1966,
L.N. 84, 1966,
S.I. 33, 1967,
S.I. 72, 1967,
S.I. 73, 1967,
S.I. 15, 1969,
S.I. 41, 1969,
Act 23, 1969,
S.I. 8, 1970,
S.I. 29, 1970,
S.I. 54, 1970,
S.I. 7, 1971,
S.I. 14, 1971,
S.I. 92, 1971,
S.I. 137, 1971,
S.I. 15, 1972,
S.I. 86, 1973,
Act 13, 1973,
S.I. 18, 1975,
S.I. 85, 1976,
S.I. 12, 1977,
S.I. 107, 1977,
S.I. 6, 1981,
S.I. 12, 1982,
S.I. 19, 1983,
S.I. 60, 1983,
S.I. 61, 1984,
S.I. 104, 1984,
S.I. 5, 1987,
Act 15, 1998,
S.I. 84, 1998,
S.I. 73, 1999,
S.I. 31, 2000,
S.I. 9, 2003,
S.I. 70, 2004,
S.I. 75, 2006,
S.I. 48, 2009.
PART I
Preliminary (regs 1-7)
These Regulations may be cited as the Town Council Regulations*.
*Originally made under the Township Act now repealed, these Regulations have been continued under s 94(2) of the Local Government Act, 2013.
In these Regulations unless the context otherwise requires
"appointed member" means a member of a council appointed by the Minister;
"auditor" means a person appointed by the Minister to perform the duties of auditor in terms of Part VII;
"council" means a city or a town council established in pursuance of the provisions of regulation 4;
"council area" means the area for which a council has been established in pursuance of regulation 4;
"district council" means a district council duly established under the Local Government (District Councils) Act (Cap. 40:01);
"elected member" means a member of a council elected in pursuance of the provisions of regulation 6;
"member of council" means an appointed member and an elected member and includes a Mayor or deputy Mayor;
"owner", in relation to land includes
(a) the person receiving the rent or profits of any land from the occupier thereof on his own account or as agent for any person entitled thereto;
(b) any person who lawfully occupies or holds land in accordance with an agreement whereunder he is entitled to obtain transfer of such land on the fulfilment by him of the conditions prescribed by such agreement;
"town" includes a city;
"valuation court" means a valuation court established in pursuance of the provisions of regulation 57;
"valuation officer" means a valuation officer appointed as such in pursuance of the provisions of regulation 54.
The provisions of these Regulations shall apply to all council areas.
(1) The Minister may by order published in the Gazette establish councils in respect of such areas as he may think fit.
(2) In any order made in pursuance of subregulation (1) or in any other order, the President may
(a) dissolve any existing township authority;
(b) provide for the transfer of assets and liabilities of an existing township authority so dissolved to any council established in place thereof and for the vesting of such assets in such council.
(3) Any order referred to in subregulation (2) may provide for the continuance of the duties and functions of any existing township authority by that township authority until a specified date.
(4) Subject to the provisions of subregulation (3) upon dissolution in terms of any order referred to in subregulation (2) all members holding office in an existing township authority shall cease to hold office.
(5) For the purposes of this regulation "existing township authority" means a township authority established under the provisions of Regulations made in pursuance of the Act.
5. Councils to be bodies corporate
A council shall be a body corporate having the name by which it is established and capable of suing and of being sued under the said name.
(1) A council shall be constituted in such manner and shall consist of such number of elected members or appointed members as may be provided by the order establishing it.
(2) The Minister may by subsequent order or orders published in the Gazette vary an order establishing a council.
(3) Notwithstanding anything contained in the order establishing a council, the Minister may appoint a public officer having special responsibilities relating to the development of the area to be an "ex-officio" member of the Council without voting rights but with all other rights enjoyed by members of the Council.
(4) A person appointed as a member of a council under subregulation (3)(b) shall have or enjoy all rights, other than voting rights, of a member of a council.
7. Qualification for membership of councils
A person shall be qualified to become a member of a council if he is qualified, in terms of regulation 15, to vote in any election for members of the council and does not possess the disqualifications for membership of the National Assembly referred to in section 62 of the Constitution:
Provided that the provisions of this regulation relating to qualification or disqualification for membership of a council shall not apply to a person appointed a member of a council under regulation 6(3).
7A. Holding a post in public service
A member of the council, other than an ex-officio member, shall not, during the period that he is a member of the council, also hold any post in the Public Service.
PART II
Establishment and Constitution of Councils (regs 8-15)
(1) Every elected member of a council shall, without prejudice to his re-election, retire from office on the day appointed for the taking of any poll which may become necessary at any general election to the council.
(2) The appointed members of a council shall hold office at the pleasure of the Minister.
The seat of a member of a council shall become vacant
(a) upon his death;
(b) if, without having obtained leave from the chairman, he absents himself from three consecutive ordinary meetings of the council;
(c) if he is appointed to, or to act in, any office or place of profit in the gift or disposal of the council;
(d) if he has been declared insolvent or adjudged or otherwise declared bankrupt under the law in force in any part of the Commonwealth and has not been discharged or has made a composition with his creditors and has not paid his debt in full;
(e) if he is sentenced by a court in any part of the Commonwealth to death or to imprisonment for a term exceeding six months, or having been under suspended sentence for such a term imposed by such a court, is ordered by the court to serve that sentence:
Provided that the Minister may at the request of the member from time to time extend for a period of 30 days his vacation of office under this paragraph to enable the member to pursue any appeal in respect of his conviction or sentence so however that extensions of time shall not exceed 90 days in the aggregate;
Provided further that if at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than six months, or some lesser punishment is substituted for such imprisonment, his seat shall not become vacant under the provisions of this paragraph;
(f) if he ceases to hold the qualifications required by regulation 7;
(g) if he ceases to reside in the area in respect of which the council has been established; or
(h) if he resigns by giving written notice to the Town Clerk.
10. Pecuniary interest of members
(1) If a member of a council
(a) has a pecuniary interest, direct or indirect, in a contract or proposed contract or any other matter; and
(b) is present at a meeting of a council at which such contract or other matter is the subject of consideration,
he shall at such meeting disclose such interest and, subject to the provisions of any standing order made under regulation 53, shall not take part in the consideration or discussion of, or vote on, any question relating to such contract or other matter, unless after such disclosure the council by a majority of the members present gives such member leave to take part or to vote.
(2) Any member of the council who contravenes this regulation by failing to disclose his interest or by participating without due leave in the consideration of or decision upon a contract, proposed contract or other matter shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months and the court before which he is convicted may order that he shall account to the council for any profits which may accrue or have accrued to him in respect of such contract or other matter, and that he shall vacate his seat, and his seat shall thereupon become vacant:
Provided that if it be proved by such member that his omission to disclose or his participation was not due to any want of good faith, he shall be deemed not to have contravened this regulation.
(1) There shall be a Mayor for each council who shall be elected by secret ballot from among the members of the council by the members present, and such election shall be the first business transacted at the first meeting of the council and thereafter the election of the Mayor shall be held every two and a half years as may be prescribed in accordance with regulation 14.
(2) The Mayor shall, unless he resigns or ceases to be qualified or becomes disqualified, continue in office until his successor is elected and assumes office.
(3) During his term of office, the Mayor shall continue to be a member of the council notwithstanding the provisions of regulation 8.
(4) A retiring Mayor may be re-elected to the office which he is vacating.
(5) The nomination of a candidate for election to the office of Mayor shall be made on a nomination paper which shall therein specify the names of the candidate, the proposer, the seconder and two supporters, none of whom shall at the same time be the candidate, the proposer, the seconder or other supporter:
Provided that where a council has less than 10 voting members, it shall be sufficient that the nomination of a candidate for the office of Mayor is supported by at least one member who shall not at the same time be the candidate, the proposer or seconder.
(6) On the election of the Mayor the outgoing Mayor shall preside:
Provided that at the first meeting of the council after its constitution, and subsequently if the office of the outgoing Mayor is vacated from any cause or if the outgoing Mayor is a candidate for re-election as Mayor, or if the Mayor is for any reason unable to attend, the members of the council present shall elect a chairman from among themselves (other than a candidate for the office of Mayor) who shall preside for the purposes of such election.
(7) The person presiding at the election of the Mayor shall have a deliberative vote only, and, in the case of equality of votes for two or more candidates, the election shall be determined by lot between those candidates.
(8) Notwithstanding subregulation (1) no person who is a candidate for election to the office of Mayor shall be entitled to speak or vote in the election.
(9) In the event of the office of Mayor becoming vacant from any cause whatsoever during the term of office of such Mayor, a successor shall, at the next meeting of the council after such vacancy occurs, be elected by the members of the council from amongst themselves by secret ballot and the person so elected shall forthwith enter upon his office and shall serve as Mayor for the remainder of the period for which the Mayor whose office became vacant had been elected.
(10) A person who has been elected Mayor shall within seven days after the day of election and before he acts in such office make before and deliver to the Town Clerk a declaration of acceptance of office; if the declaration of acceptance of office is not made as aforesaid the office of Mayor shall thereupon become vacant.
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