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Cap. 87 Town Councils

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Cap. 87 Town Councils BELIZE TOWN COUNCILS ACT CHAPTER 87 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980-1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 TOWN COUNCILS ACT 7 Amendments in force as at 31st December, 2000. BELIZE TOWN COUNCILS ACT CHAPTER 87 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000 This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize, Revised Edition 1980-1990. This edition contains a consolidation of the following laws- Page ARRANGEMENT OF SECTIONS 3 TOWN COUNCILS ACT 7 Amendments in force as at 31st December, 2000. Town Councils [CAP. 87 3 CHAPTER 87 TOWN COUNCILS ARRANGEMENT OF SECTIONS PART I Preliminary 1. Short title. 2. Interpretation. PART II Constitution, etc., of a Council Term of Council, Members, their Qualifications, etc. 3. Constitution of a Council. 4. Term of office of a Council. 5. Date of general election. 6. Qualification of members. 7. Disqualification of certain persons from being members. 8. Penalty for person incapable of election, or of person whose seat has become vacant, who sits and votes. 9. Vacation of seat. 10. Direct election of Mayor. 11. Leave of absence. 12. Power to fix allowances. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of [the Government of Belize. ] 4 CAP. 87] Town Councils PART III Appointment of Officers and Employees and Conditions of Service 13. Appointment of officers and employees of a Council and conditions of service. 14. Penalty on officers for taking gratuity. PART IV Elections 15. Persons entitled to vote at elections to constitute a new Council. 16. Regulations relating to elections. 17. Regulations relating to election expenses. 18. Returning Officer and Election Clerks. PART V Council Meetings and Proceedings 19. A Council may make regulations to regulate meetings. 20. Vacancy not to invalidate meetings. PART VI The Town Fund 21. Establishment of a Town Fund for every town and monies constituting the Fund. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of [the Government of Belize. ] Town Councils [CAP. 87 5 PART VII Financial Provisions 22. Loans, when and how raised. 23. Submission of estimates of revenue and expenditure. PART VIII Duties and Powers of Every Council Streets and Adjoining Lands 24. General powers as to streets, etc. 25. A Council’s power to coordinate activities of utility agencies. 26. Penalties for injuries to streets, etc. 27. Duty to fence or repair fences in certain cases. 28. A Council may require owner to erect fence. General Powers and Duties 29. Duties of every Council. 30. Additional general duties of every Council. PART IX Pensions Preliminary 31. Interpretation of words and phrases used in this Part. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of [the Government of Belize. ] 6 CAP. 87] Town Councils General Provisions Relating to Pensions 32. Pensions to be charges on revenues of a Council. 33. Pensions not of right. 34. Computation of service for pension. 35. Retirement at fifty-five. 36. Pensions not payable before fifty-five years except in certain cases. 37. Maximum pensions. 38. Pensions; to whom and at what rate to be granted. 39. Period of service qualifying for pension defined. 40. A Council may apply part of a person’s pension towards the mainte- nance of his wife or children. 41. Pensions not to be assignable. 42. Lump sum gratuity with reduced pension. 43. Payment of pension/gratuity upon resignation. 44. Gratuity where service does not qualify for pension. 45. Gratuity for female officer. Manner of Computing Pensions 46. Pensionable service. 47. Computation of pensions etc., on what emoluments to be based. 48. Pensions Regulations. PART X Legal and General 49. General powers of every Council to make by-laws. 50. By-laws prescribing fees. 51. Admissibility in evidence of documents signed by Mayor or Town Administrator. 52. Prosecutions to be instituted by Mayor or Town Administrator. 53. Proof of legal proceedings. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of [the Government of Belize. ] Town Councils [CAP. 87 7 54. Land, how acquired. 55. A Council may cause work to be executed in case of default. 56. Members of a Council not liable personally. 57. Protection of Council officials. 58. Expenses of a Council, how met. 59. Additional powers and functions of a Council. 60. Recovery of penalties. 61. Regulations. 62. Commencement. 63. Repeals and savings. SCHEDULE CHAPTER 87 TOWN COUNCILS 29 of 1999. Commencement [1. 12. 1999] [4th August, 1999] S.I.114 of 1999. PART I Preliminary 1. This Act may be cited as the Town Councils Act, 1999. Short title 2. In this Act, unless the context otherwise requires:- Interpretation THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of [the Government of Belize. ] 8 CAP. 87] Town Councils “allowance” means money payable under this Act to a councillor during the time he is a member of a Town Council; “Council” means a Town Council constituted under this Act; “general election” means an election held by reason of the expiration of the term of office of a Council; “member” means a member of a Council and includes the Mayor; “Minister” means the Minister for the time being responsible for the subject of Local Government unless otherwise specified; “new Council” means a Council newly constituted after a general election; “rules”, “regulations” or “by-laws” means any rules, regulations or by-laws made under this Act; Schedule. “town” means a town mentioned and described in the Schedule to this Act or added to the said Schedule hereafter by the Minister, the limits of which are as defined by the Minister after consultation with the Council of that town by Order (for the time being in force) published in the Gazette, which Order the Minister is hereby empowered from time to time to make; “Town Fund” means the fund established in respect of a town under section 21 of this Act; “voter” means a person registered as a voter in accordance with this Act. THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of [the Government of Belize. ] Town Councils [CAP. 87 9 PART II Constitution, etc., of the Council Term of Council, Members, their Qualifications, etc. 3. (1) There shall be and is hereby constituted and established in every town Constitution a Council to be known as “The Town Council” of the town in respect of which of a Council. it is constituted and appointed, and such Council shall be a body corporate with perpetual succession and a common seal. (2) The Council shall have capacity to acquire, hold and dispose of real and personal property and to sue and be sued in all courts of law. (3) The Council shall consist of a Mayor and six other members duly elected in accordance with this Act and regulations made thereunder. (4) The Council is lawfully constituted when the requisite number of mem- bers has been elected. (5) No temporary vacancy caused by death or otherwise shall affect the validity of any proceedings of the Council. 4. (1) Every Council shall hold office until the last day of February next ensuing Term of office of after the day on which the Council has been two years in office: a Council. Provided that the Council elected to office in the general election held in the month of March, 2000, shall hold office until the last day of February, 2003. (2) If during the term of office of the Council, a member’s seat becomes vacant, the vacancy shall be filled by a by-election within ninety days: Provided that a vacancy shall not be filled if it occurs within a period of THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No. 1 Power Lane, Belmopan, by the authority of [the Government of Belize. ] 10 CAP. 87] Town Councils one year before the time when the seat which is vacated would ordinarily have been vacated. Date of general 5. An election of members of every Council shall be held on the first election. Wednesday next ensuing after the day on which the term of office of the Council expires. Qualification of 6. No person shall be capable of being elected as a member of a members. Council who is not a Belizean citizen and a registered voter of that town. Disqualification of 7. (1) No person shall be eligible for election as a member of a Council, or certain persons having been elected, shall sit or vote on the Council, who:- from being members. (a) holds an office of emolument or place of profit in the gift or disposal of the Council; or (b) has directly or indirectly by himself or his partner, any share or interest in any contract with the Council; or (c) is in the employment of the Council; or (d) has, in Belize or any other Commonwealth country, been sen- tenced to death or to imprisonment (by whatever name called) for a term exceeding twelve months and has not either suffered the punishment to which he was sentenced or such other pun- ishment as may by competent authority have been substituted therefor or received a free pardon; or (e) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in Belize; or (f) is a public officer, other than a teacher or an open vote worker; or THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000 Printed by the Government Printer, No.
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