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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 23/07/2014, you requested the version in force on 23/07/2014 incorporating all amendments published on or before 23/07/2014. The closest version currently available is that of 15/08/2005.
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PART II
ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF TOWN COUNCILS
Establishment of Town Councils
4.  On such date as the Minister may, from time to time by order published in the Gazette, specify in respect of any Town, there shall be established for that Town a body to be known as a Town Council.
Incorporation
5.  A Town Council shall be a body corporate with perpetual succession by the name “The Town Council” with the addition of the name of the particular Town and may sue and be sued in the corporate name of that Town Council.
Common seal
6.
—(1)  A Town Council shall have a common seal, and the fixing of the seal shall —
(a)
be authorised or ratified by resolution of the Town Council; and
(b)
be authenticated by the signatures of the chairman or any vice-chairman and any member of the Town Council authorised by resolution of the Town Council generally or specially to act for that purpose.
[25/90]
(2)  Any document purporting to be a document duly executed under the seal of a Town Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed.
Certain contracts and instruments not required to be under seal
7.  Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of a Town Council by any person generally or specially authorised by the Town Council for that purpose.
Composition of Town Council
8.
—(1)  A Town Council shall consist of —
(a)
the elected member or members ex officio; and
(b)
such other members appointed by the chairman in accordance with subsection (2) —
(i)
being not more than 10 members for every Member of Parliament required to be returned at a general election or by-election for the constituencies comprised within the Town; or
(ii)
being not more than 30 members,
whichever is the greater but in any case being not less than 6 members.
[18/92; 37/96]
(2)  The chairman shall, within 30 days of assuming his office, appoint the members under subsection (1)(b) on the nomination of the elected members, each of whom (including the chairman) may nominate such number of members as they may agree or, if they fail to agree, an equal number of members, of whom not less than two-thirds shall be residents of any housing estate of the Board within the Town.
[18/92]
Chairman and vice-chairmen
9.
—(1)  A chairman of a Town Council shall be appointed by the elected members from among their number within 30 days after any general election or by-election in any constituency comprised within the Town under the Parliamentary Elections Act (Cap. 218) for such term as the elected members may determine.
(2)  The first chairman of a Town Council shall be so appointed within 7 days after the establishment of the Town Council.
[18/92]
(3)  Where the elected members fail to appoint a chairman under subsection (1), the Minister shall appoint any elected member to be the chairman for such term as the Minister may determine.
[18/92]
(4)  Where the area of a Town comprises only one constituency (other than a group representation constituency), the Member of Parliament for that constituency shall be the chairman during his tenure of office as a Member of Parliament for that constituency.
(5)  The chairman shall appoint from among the members not more than 2 vice-chairmen for such term, not exceeding 2 years, as he may determine.
[25/90]
(6)  The chairman or a vice-chairman, if he is an elected member, shall hold office as chairman or vice-chairman, as the case may be, only so long as he is an elected member and shall be eligible for reappointment.
[25/90]
(7)  Where all the elected members of a Town Council have vacated their seats in Parliament by reason of a dissolution of Parliament or otherwise, the appointed members shall, with the approval of the Minister, forthwith appoint one of their number to act as chairman for such term as they may determine; and where such members fail to do so, the Minister shall appoint any appointed member to act as chairman for such term as the Minister may determine.
(8)  Any chairman appointed under subsection (7) may, with the approval of the Minister, appoint not less than 6 nor more than 30 members, of whom not less than two-thirds shall be residents of any housing estate of the Board within the Town.
[18/92]
(9)  The appointment of any chairman under subsection (7) —
(a)
shall terminate upon the assumption of office of the elected member or members; or
(b)
may be revoked by the Minister if he is satisfied that it is desirable in the public interest to do so and thereupon another chairman shall be appointed in the same manner prescribed in subsection (7).
(10)  The chairman may at any time revoke the appointment of any vice-chairman without assigning any reason.
[25/90]
(11)  The chairman and any vice-chairman of a Town Council shall, as soon as practicable after their assumption of office, complete a declaration of acceptance of such office in the form prescribed in the Schedule and deliver the declaration to the Minister.
(12)  Any failure to comply with subsection (11) by the chairman or vice-chairman shall not invalidate his term of office.
[25/90]
(13)  A Town Council shall as soon as practicable publish in the Gazette the names of the chairman, the vice-chairmen and other members of the Town Council.
Duties of chairman and vice-chairmen
10.
—(1)  The chairman shall preside at meetings of the Town Council and shall perform such other duties as are prescribed in this Act.
(2)  In the absence of the chairman, or if at any time the office of the chairman is vacant, any vice-chairman shall preside at meetings of the Town Council and shall perform such other duties of the chairman as are prescribed in this Act.
[25/90]
(3)  If the chairman and vice-chairmen are absent from a meeting of the Town Council, the members present shall elect from among themselves a temporary chairman to preside at that meeting.
[25/90]
Chairman to have casting vote
11.  At any meeting of a Town Council, the chairman or the person presiding shall have an original vote and also, if the votes are equal, a casting vote.
Resignation of chairman and vice-chairmen
12.
—(1)  The chairman shall not resign or vacate his office and any purported resignation or vacation of office in breach of this section shall be deemed to be invalid.
(2)  Where a Town Council has more than one elected member, the chairman may resign his office if another elected member is appointed in his place by the elected members.
(3)  Subject to subsection (2), the chairman may resign his office by giving notice in writing under his hand to the Minister.
(4)  A vice-chairman may resign his office by giving notice in writing under his hand to the chairman.
[25/90]
(5)  Where the chairman or a vice-chairman dies or the office of chairman or vice-chairman is otherwise vacated, another chairman or vice-chairman, as the case may be, shall be appointed within 7 days after the death or vacation of office and section 9 shall apply, with the necessary modifications, to such appointment.
[25/90; 37/96]
(6)  Subsections (1) and (2) shall not apply to any chairman appointed under section 9(7).