On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 05/08/1988.
PART IV
FUNCTIONS AND POWERS OF A TOWN COUNCIL
18.
—(1) The functions of a Town Council are —
(a)
to control, manage, maintain and improve the common property of 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 residential and commercial property in the housing estates of the Board within the Town.
19.
—(1) A Town Council may —
(a)
establish and maintain places and facilities within the Town for recreation, relaxation, the performance of sports of any kind and the conduct of literary, artistic, musical, educational or cultural activities of any kind for the benefit of residents of housing estates of the Board within the Town;
(b)
acquire and hold property of any description if, in the opinion of the Town Council, such 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 or any other Act to perform and, subject to the terms and conditions upon which such property is held, to dispose of the same;
(c)
make such charges 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;
(d)
with the prior written consent of the Board, instal, provide and maintain additional facilities or make improvements to the common property of the residential and commercial property for the benefit of the residents of housing estates of the Board within the Town;
(e)
appoint agents to carry out its functions under this or any other Act;
(f)
accept gifts and donations whether of property or otherwise and whether subject to any special trust or not; and
(g)
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 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 or any other Act.
(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 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.
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.
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 such 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 such residential and commercial property;
(c)
where necessary, renew or replace any fixtures or fittings comprised in the common property of such residential and commercial property;
(d)
provide essential maintenance and lift rescue services to the residents of such residential and commercial property;
(e)
comply with the provisions of this Act and the rules made thereunder; and
(f)
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 such residential and commercial property or ordering repairs or other work to be done in respect of such common property.
(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, and, on such an application being made, the High Court may make such order as it thinks proper.
22.
—(1) Where any defect occurs in any pipes, wires, cables, ducts or other apparatus within a flat in any residential or commercial property of the Board within the Town which are used for or in connection with the carrying, conveying or supplying to such property of water, sewerage, drainage, gas, electricity, garbage, artificially cooled air or television services, the Town Council may carry out such work as is necessary to rectify the defect.
(2) Where a Town Council incurs any expenses or performs any repairs, works or acts that it is required or authorised by or under this Act or by or under 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 it in performing the repairs, works or acts shall be recoverable by it from that person.
23.
—(1) For the purpose of carrying out any work —
(a)
pursuant to 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 Buildings and Common Property (Maintenance and Management) Act (Cap. 30),
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.
(2) A person who obstructs or hinders a Town Council in the exercise of its power under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.
24.
—(1) A Town Council may, with the approval of the Minister, make by-laws for regulating the control, management, administration, use and enjoyment of the common property of 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 or any other Act.
(2) Every owner or tenant of a flat leased from the Board within a Town shall be bound by by-laws for the time being in force made by the Town Council.
(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) When any by-law is made, amended or revoked by a Town Council every such by-law, amendment or revocation shall, within one month after it is made, be published in the Gazette and be displayed in such places within the Town as the Town Council may direct.
(5) 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.
(6) 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.
(7) 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 such 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 $1,000.
(8) For the purposes of this section, “flat” includes any stall in any market or food centre of the Board.