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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF TOWN COUNCILS

Part III GENERAL PROVISIONS AS TO MEMBERS OF TOWN COUNCIL

Part IV FUNCTIONS AND POWERS OF TOWN COUNCIL

Part IVA LIFT UPGRADING WORKS

Part V PROCEEDINGS OF TOWN COUNCIL

Part VI FINANCIAL PROVISIONS

Part VII MISCELLANEOUS PROVISIONS

THE SCHEDULE

Legislative History

Comparative Table

 
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On 18/04/2014, you requested the version in force on 18/04/2014 incorporating all amendments published on or before 18/04/2014. The closest version currently available is that of 15/08/2005.
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PART IV
FUNCTIONS AND POWERS OF TOWN COUNCIL
Functions of Town Council
18.
—(1)  The functions of a Town Council are —
(a)
to control, manage, maintain and improve the common property of the residential and commercial property in the housing estates of the Board within the Town and to keep them in a state of good and serviceable repair and in a proper and clean condition; and
(b)
to exercise such powers and perform such duties as may from time to time be conferred or imposed on the Town Council by or under any written law.
(2)  Without prejudice to the generality of subsection (1), the functions of a Town Council shall include the conservancy and landscaping of the common property of the residential and commercial property in the housing estates of the Board within the Town.
Powers of Town Council
19.
—(1)  A Town Council may —
(a)
with the prior written consent of the Board, establish and maintain places and facilities on or make improvements to the common property of the residential and commercial property for the benefit of residents of housing estates of the Board within the Town;
(aa)
with the approval of the Minister and the consent of the owner of the property on which the facilities are or to be erected, installed or planted, erect, install, plant (including landscaping), repair and maintain facilities within the Town that is outside the common property of the residential and commercial property in the housing estates of the Board within the Town;
(b)
acquire and hold property of any description if, in the opinion of the Town Council, the property is necessary for the accommodation of the Town Council or for the performance of any purpose which the Town Council is required or is permitted by this Act or any other Act to perform and, subject to the terms and conditions upon which the property is held, to dispose of the property;
(c)
impose charges for such use of any part of the common property as the Minister may prescribe, or for the use of any facility or service provided, or for any improvements to the common property made, by the Town Council as it considers necessary, except that no charge shall be imposed for the use by the Board or its agents of any part of the common property;
(d)
appoint agents to carry out its functions under this Act or any other Act;
(e)
accept gifts and donations whether of property or otherwise and whether subject to any special trust or not; and
(f)
do all such other acts as are reasonably necessary for the exercise or performance of all or any of the powers or duties of the Town Council under this Act or any other Act and for the enforcement of its by-laws and perform any other function which is incidental or conducive to the attainment or furtherance of the purposes of the Town Council in accordance with the provisions of this Act or any other Act.
[25/90; 37/96]
(2)  A Town Council may manage or maintain any parking place and industrial property of the Board or any market and food centre of the Board or Government within the Town upon such terms and conditions as may be agreed between the Town Council and the Board or the Government, as the case may be.
[37/96]
(3)  A Town Council may, on the request of any public authority or any community-based association, and with the approval of the Minister, carry out any work on behalf of the public authority or association on any property within the Town upon such terms and conditions as may be agreed between the Town Council and the public authority or association, as the case may be.
[37/96]
(3A)  Nothing in subsection (3) shall authorise a Town Council to enter upon the property of any person within the Town unless the consent of the owner thereof has been first obtained.
(4)  The Minister may, in prescribing the uses for which charges may be imposed under subsection (1)(c), exempt any person or class of persons from the payment of such charges.
[37/96]
Secretary and other staff of Town Council
20.
—(1)  A Town Council shall appoint a person, including any appointed member, to be the secretary to the Town Council on such terms and conditions as the Town Council may determine who shall be responsible to the Town Council for the proper administration and management of the functions and affairs of the Town Council in accordance with this Act.
(2)  A Town Council may appoint such other staff on such terms and conditions as it may determine to assist the secretary.
Duties of Town Council
21.
—(1)  A Town Council shall, for the purposes of the residential and commercial property in the housing estates of the Board within the Town —
(a)
control, manage and administer the common property of the residential and commercial property for the benefit of the residents of those estates;
(b)
properly maintain and keep in a state of good and serviceable repair the common property of the residential and commercial property;
(c)
contribute such sum towards the premiums to be paid by the Board for the insurance of the common property of the residential and commercial property against damage by fire as the Minister may, by notice in writing to the Town Council, determine;
(d)
where necessary, renew or replace any fixtures or fittings comprised in the common property of the residential and commercial property;
(e)
provide essential maintenance and lift rescue services to the residents of the residential and commercial property;
(ea)
properly maintain and keep in a good and serviceable repair (including landscaping of) the facilities within the Town that is outside the common property of the residential and commercial property in the housing estates of the Board within the Town, where the facilities are erected, installed or planted by the Town Council with the approval of the Minister and the consent of the owner of the property on which the facilities are erected, installed or planted;
(f)
comply with the provisions of this Act and the rules made thereunder; and
(g)
comply with any notice or order served on it by any competent, public or statutory authority requiring the abatement of any nuisance on the common property of the residential and commercial property or ordering repairs or other work to be done in respect of the common property.
[6/99]
(2)  Where a requirement or duty is imposed on a Town Council by this section, the Board or any person for whose benefit, or for the benefit of whose flat that requirement or duty is imposed on the Town Council, may apply to the High Court for an order compelling the Town Council to carry out the requirement or perform the duty, as the case may be.
(3)  On an application being made under subsection (2), the High Court may make such order as it thinks proper.
Power of Town Council to carry out certain works
22.
—(1)  Where any defect occurs in any pipe, wire, cable, duct or other apparatus within a flat in any residential or commercial property of the Board within the Town which is used for or in connection with the carrying, conveying or supplying to such property of water, sewerage, drainage, gas, electricity, garbage or artificially cooled air, the Town Council may carry out such work as is necessary to rectify the defect.
[18/92]
(2)  Where a Town Council incurs any expenses or performs any repairs, works or acts that it is required or authorised by this Act or by any other written law to perform (whether or not the expenses were incurred or the repairs, works or acts were performed consequent upon the service on it by any Government or statutory authority of any notice or order) and the expenses or the repairs, works or acts were rendered necessary by reason of any wilful or negligent act or omission on the part of, or breach of any provision of the by-laws of the Town Council by, any person or his tenant, licensee or invitee, the amount of those expenses expended by the Town Council in performing the repairs, works or acts shall be recoverable by the Town Council from that person.
Power of entry
23.
—(1)  For the purpose of carrying out any work —
(a)
under section 21 or 22; or
(b)
required to be carried out by a notice served on it by any public authority or statutory board or by an order of the Commissioner of Buildings under the Building Maintenance and Strata Management Act 2004,
a Town Council may, by its employees or agents, enter upon any flat of the Board or any part of the housing estates within the Town for the purpose of carrying out the work, in the case of an emergency, at any time, or, in any other case, at any reasonable time after giving notice to any occupier of that flat or part of those housing estates.
(1A)  A Town Council may, by its employees or agents, also enter at any reasonable time, upon any flat of the Board within the Town for the purpose of determining whether any work is required to be carried out by the Town Council in accordance with this Act.
(1B)  A person authorised under subsection (1A) to enter upon any premises shall not demand to do so as of right unless prior notice of the intended entry has been given to the occupier of those premises.
(2)  A person who obstructs or hinders a Town Council in the exercise of its power under subsection (1) or (1A) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
By-laws for regulation of housing estates
24.
—(1)  A Town Council may make by-laws for regulating the control, management, administration, use and enjoyment of the common property of the residential and commercial property in the housing estates of the Board within the Town and generally for the purposes of exercising its powers and carrying out its duties and functions under this Act or any other Act.
[37/96]
(2)  Without prejudice to the generality of subsection (1), a Town Council may make by-laws for or in respect of all or any of the following matters:
(a)
prescribing the administrative fee to be paid by any person in respect of any services provided by the Town Council or any debt due to the Town Council;
(b)
prohibiting or regulating the parking of vehicles on common property other than parking places;
(c)
prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Town Council and be recoverable as such) to be paid by the Town Council’s licensees or by any owner or tenant of any flat leased from the Board for late payment of any conservancy and service charges or licence fee due to the Town Council;
(d)
requiring deposits to be placed with the Town Council by any owner or tenant of any flat leased from the Board to secure the payment of conservancy and service charges; and
(e)
prescribing the offences which may be compounded.
[25/90; 37/96]
(3)  A Town Council, owner or tenant of a flat leased from the Board within the Town, shall be entitled to apply to the court —
(a)
for an order to enforce the performance of or restrain the breach of any by-law made by that Town Council; or
(b)
to recover damages for any loss or injury to any person or property arising out of the breach of any by-law made by that Town Council,
by or from any person bound to comply therewith or the Town Council, as the case may be, and the court may make such order against any such person or the Town Council as the court thinks fit.
(4)  Every by-law or amendment of or addition to or revocation of or substitution for any by-law made by a Town Council shall come into operation upon the date specified therein but shall cease to have effect upon the expiration of a period of one month from the date of its publication in the Gazette if prior to the expiration of that period it has been disapproved by the Minister by order published in the Gazette.
[37/96]
(5)  Any order made by the Minister under subsection (4) shall have effect upon the date specified therein but shall not affect the validity of anything previously done under the disapproved by-law.
[37/96]
(6)  Every by-law or amendment of or addition to or revocation of or substitution for any by-law of a Town Council shall, within 15 days of its coming into operation, be displayed in such places within the Town as the Town Council may direct.
[37/96]
(7)  No by-law made by a Town Council shall be inconsistent with any rule made under the Housing and Development Act (Cap. 129) which is applicable to the Town and any such by-law which is so inconsistent shall, to the extent of the inconsistency, be void.
(8)  The by-laws of a Town Council in force on the date of publication shall be published annually in book form and copies thereof shall be made available for purchase at a reasonable price by members of the public.
(9)  Any person who commits a breach of any of the by-laws made by a Town Council or makes default in complying with any of the by-laws, and every person who is knowingly a party to the breach or default shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
[37/96]
(10)  In this section, “flat” includes any stall in any market or food centre of the Board.