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Honiara City Act 1999

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Honiara City Act 1999 Honiara City Act 1999 SOLOMON ISLANDS HONIARA CITY ACT 1999 (NO. 2 OF 1999) Passed by the National Parliament this twenty-sixth day of May 1999. Assented to in Her Majesty's name and on Her Majesty's behalf this twenty-eighth day of September 1999. Date of commencement: see section 1 AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF A CITY COUNCIL FOR THE HONIARA CITY; TO PRESCRIBE ITS FUNCTIONS AND POWERS AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. ENACTED by the National Parliament of Solomon Islands. ___________ ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title and commencement 2. Interpretation PART II ESTABLISHMENT OF HONIARA CITY COUNCIL 3. Honiara to be Honiara City. 4. Establishment of the Honiara City Council. 5. Membership of the City Council. 6. Time of election and term of office of members. 7. Mayor and Deputy Mayor. 8. Removal of Mayor. 9. Dissolution of the City Council. 10. By-elections. 11. Qualification for elected membership of the City Council. 12. Disqualification for election of member of the City Council. 13. Vacancy in seat of members. 14. Standing Orders. 15. Salaries and allowances of members of the City Council. PART III ELECTIONS, VOTERS AND ELECTORAL REGISTERS 16. Review of electoral arrangements. 17. Qualifications of voters. 18. Conduct of elections. PART IV STANDING COMMITTEES OF THE CITY COUNCIL 19. Standing Committees. 20. Appointment of ad hoc committees. PART V FUNCTIONS AND POWERS OF THE CITY COUNCIL 21. Functions of the City Council. 22. Power to accept gifts. 23. Fees. 24. Power to enter into contracts. 25. Property insurance. 26. Provision of buildings by the City Council. 27. Acquisition of and dealings in land. 28. Powers of Government officers. 29. Power to enforce functions of City Council. 30. Expenses in respect of transferred functions. 31. Powers in emergency. 32. Additional powers of the City Council. 33. Agency agreements. PART VI LEGISLATION 34. Extent of power to make laws. 35. City Ordinances. 36. Withholding of assent from Bills . PART VII EMPLOYEES OF THE CITY COUNCIL 37. Enforcement officers. 38. Staff instructions. PART VIII FINANCE 39. Establishment of the City Fund and other funds. 40. Payments out of the City Fund and other funds. 41. Bank accounts. 42. Officers and employees of the City Council. 43. Delegation to officers. 44. Payments into the City Fund by the Minister. 45. Estimates. 46. Financial systems. 47. Accounts. 48. Borrowing powers of the City Council. 49. Guarantee by the City Council. 50. Establishment of Capital and Investment Fund. PART IX DISSOLUTION OF TOWN COUNCIL 51. Dissolution of Town Council. PART X RELATIONS WITH THE NATIONAL GOVERNMENT 52. Suspension or dissolution of City Council. 53. Power to amend Schedules. 54. Provision of information. 55. Investment of funds. PART XI LEGAL PROVISIONS 56. Notice of suit to be given by plaintiff. 57. Limitation of suits against City Council. 58. Appearance of City Council in legal proceedings. 59. Mode of service on City Council. 60. Powers of entry. 61. Description of property. 62. Publication of notices. 63. Service of notices etc. by the City Council. 64. Authentication and execution of documents. PART XIII MISCELLANEOUS 65. Amendments of enactments. 66. Subsidiary legislation. 67. No Crown immunity. 68. Obstruction of officers, etc. 69. Penalty for unqualified person sitting or voting. 70. Supply of information. 71. General penalty. 72. Power to remove difficulties. 73. Regulations. SCHEDULES ----------------------------------------- PART I PRELIMINARY Short title and commencement. 1. This Act may be cited as the Honiara City Act, 1999, and shall come into force on such date as the Minster may appoint by notice published in the Gazette: Provided that different parts of this Act may come into force at different times as the Minister may appoint from time to time. Interpretation. 2. In this Act, unless the context otherwise requires - "boundaries" mean the City and Ward Boundaries as set out in Schedule I; "Boundaries Commission" means the Constituency Boundaries Commission constituted under section 53 of the Constitution; "City Council" means the Honiara City Council established under section 4; "City Fund" means the general fund for Honiara City, established under section 39; "competent authority" means an authority appointed under section 52(2); "Deputy Mayor" means the Deputy Mayor appointed under section 7(2); "financial year" means the twelve months commencing on first January and ending on thirty- first December in any year; "levy" does not include collection of any tax or rate; "Mayor" means the Mayor elected under section 7; "Minister" unless used in a provision as a reference to a Minister charged with a specific responsibility, means the Minister for the time being charged with responsibility for Honiara City Council; "Standing Committee" means a Committee appointed under section 19; "Standing Orders" means orders made under section 14; "Town Council" means the Honiara Appointed Council established by warrant published in the Gazette as Legal Notice No. 110 of 1998 and includes the Honiara Town Council dissolved under the same warrant. PART II ESTABLISHMENT OF HONIARA CITY COUNCIL Honiara to be Honiara City. 3. As from the commencement of this Act, Honiara as it exists immediately before such commencement, shall be Honiara City as provided for under the Constitution. Establishment of the Honiara City Council. 4. (1) There shall be established under this Act for the purpose of the administration of Honiara City a body to be known as the Honiara City Council. (2) The boundaries of Honiara City shall be as set out in Schedule 1, and shall be the area of authority of the City Council. (3) The City Council shall be a body corporate to which the provisions of Part VII of the Interpretation and General Provisions Act shall apply. Cap. 85. Membership of the City Council. 5. (1) The City Council shall consist of - (a) twelve elected members; (b) four members to be appointed by the Minister provided one of the members shall be from Guadalcanal; and (c) members of Parliament who represent Honiara City; and (d) the Premier of Guadalcanal Province. (2) The members referred to in paragraphs (c) and (d) of subsection (1) shall be ex officio members. (3) Each electoral ward shall, subject to section 16 return one member. (4) The appointment of members under subsection (1)(b) shall be made within twenty-one days after an ordinary election is held under section 6. Time of election and term of office of members. 6. (1) The first ordinary election of members of the City Council shall be held on a date to be appointed by the Minister by Notice published in the Gazette, being not later than three months after the commencement of this Act. (2) The elected members of the City Council shall be returned to the electoral wards specified in Schedule 1, and each ward shall return one member. (3) Subject to subsection (4), any subsequent ordinary election of members of the City Council shall be held on the fourth anniversary of the date of the previous election of members. (4) If the anniversary referred to in subsection (3) falls on an excluded day the election shall be held on the next subsequent day which is not an excluded day. (5) In this section and in section 9, "excluded day" in relation to an election, means Saturday, Sunday and any day which is a public holiday for the purposes of the Public Holidays Act, unless it is a day appointed under section 6 of that Act for the purposes of the election. Cap. 151 Mayor and Deputy Mayor. 7. (1) The City Council shall within fourteen days after an ordinary election elect from the elected members a Mayor. (2) There shall be a Deputy Mayor who shall be appointed from among the elected members by the Minister acting in accordance with the advice of the Mayor. (3) The office of the Deputy Mayor shall become vacant- (a) if his appointment is revoked by the Minister on the advice of the Mayor; (b) if he resigns by writing to the Minister through the Mayor; (c) if he is absent from three City Council meetings without obtaining leave from the Mayor; (d) if circumstances arise that would cause him to be disqualified under section 12 from being a member of the City Council. (4) Where the office of the Mayor is vacant under section 8 the Deputy Mayor shall preside at the meetings of the City Council and perform the functions of the Mayor: Provided that at the first sitting of the City Council after an election held under section 6, until the Mayor is elected the City Clerk shall preside at such meeting, in accordance with the Standing Orders. Removal of Mayor. 8. The office of Mayor becomes vacant where - (a) a resolution is passed by an absolute majority of the elected members of the City Council declaring that the Mayor be removed, and the Minister makes a declaration to that effect; (b) it is determined by a commission established for that purpose by the Minister that the Mayor has committed misconduct in office; or (c) he resigns his office by writing to the Minister. (2) No resolution shall be passed by the City Council under subsection (1)(a) until the expiry of a period of eighteen months from the date of the Mayor being elected to office. Dissolution of the City Council. 9. (1) Subject to the provisions of subsection (2), the City Council shall be dissolved on the eve of an ordinary election of members. (2) Notwithstanding the provisions of subsection (1), the City Council shall - (a) stand dissolved from the date on which a competent authority is appointed under section 52(2); or (b) be dissolved upon a direction of the Minister, if the City Council resolves that it should be dissolved and the resolution is supported by the votes of an absolute majority of the elected members of the City Council.
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