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Municipalities (Amendment) Act 2010

REPUBLIC OF VANUATU

MUNICIPALITIES (AMENDMENT)
ACT NO. 23 OF 2010

Arrangement of Sections

1 Amendment
2 Commencement

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Assent: 30/12/2010
Commencement: 28/02/2011

MUNICIPALITIES (AMENDMENT)
ACT NO. 23 OF 2010

An Act to amend the Municipalities Act [CAP 126].

Be it enacted by the President and Parliament as follows-

1 Amendment

The Municipalities Act [CAP 126] is amended as set out in the Schedule.

2 Commencement

This Act commences on the day on which it is published in the Gazette.

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SCHEDULE

AMENDMENTS OF THE MUNICIPALITIES ACT
[CAP 126]

1 Section 1

Insert in its correct alphabetical order:

“Council” means a Municipal Council established under section 3 of this Act;

“Director General” means the Director General of the Ministry of Internal Affairs appointed under the Public Service Act [CAP 246].”

2 Subsection 19(1)

Repeal the subsection, substitute

“(1) The Public Service Commission is to appoint in writing a person as a clerk of the Council, not being a councillor and may determine the terms and conditions of the appointment.”

3 Subsection 19(4)

Repeal the subsection, substitute

“(4) Despite subsection (3), the Clerk is to be supervised by the Director General in exercising his or her duties under this Act.”

4 At the end of section 19

Add

“(5) The Council is to make a report on the performance of the clerk to the Public Service Commission for each quarter of the year.

(6) The Council must give a copy of the report made under subsection (5) to the Minister.

(7) To avoid doubt, the Council does not have the power to remove or suspend the clerk.”

5 After section 19A

Insert

“19B Deputy Clerk

(1) The Public Service Commission is to appoint in writing a person as a deputy clerk of a Council, not being a councillor and may determine the terms and conditions of the appointment.

(2) The deputy clerk is to assist the clerk in carrying out his or her duties under this Act.

(3) The deputy clerk is to be supervised by the clerk and is to act only on the lawful direction of the clerk.

(4) The Council is to make a report on the performance of the deputy clerk to the Public Service Commission for each quarter of the year

(5) The Council must give a copy of the report made under subsection (4) to the Minister.

(6) To avoid doubt, the Council does not have the power to remove or suspend the deputy clerk.

19C Accountant

(1) The Public Service Commission is to appoint in writing a person as an accountant of the Council and may determine the terms and conditions of the appointment.

(2) The accountant is responsible for the general management and supervision of all the accounting operations of the council.

(3) The accountant is to be supervised by the clerk and is to act only on the lawful direction of the clerk and in accordance with the Financial Regulations of the Council made under this Act.

(4) To avoid doubt the position referred to in this section used to be referred to as “treasurer” before the commencement of this Act.

(5) The Council is to make a report on the performance of the accountant to the Public Service Commission for each quarter of the year.

(6) The Council must give a copy of the report made under subsection (5) to the Minister.

(7) The Council does not have the power to remove or suspend the accountant under this Act.

19D Cashier

(1) The Public Service Commission is to appoint in writing a person as a cashier of the Council, not being a councillor and may determine the terms and conditions of the appointment.

(2) The cashier is to assist the accountant in carrying out his or her duties under this Act.

(3) The cashier is to be supervised by the accountant and is to act only on the lawful direction of the accountant.

(4) The Council is to make a report on the performance of the cashier to the Public Service Commission for each quarter of the year

(5) The Council must give a copy of the report made under subsection (4) to the Minister.

(6) To avoid doubt, the Council does not have the power to remove or suspend the cashier under this Act.

19E Senior town planner

(1) The Public Service Commission is to appoint in writing a person as a senior town planner of the Council, not being a councillor and may determine the terms and conditions of the appointment.

(2) The senior town planner is responsible for development planning and all matters relating to physical planning of the municipal boundary.

(3) The senior town planner is to be supervised by the clerk and is to act only on the lawful direction of the clerk.

(4) The Council is to make a report on the performance of the senior town planner to the Public Service Commission for each quarter of the year.

(5) The Council must give a copy of the report made under subsection (4) to the Minister.

(6) To avoid doubt, the Council does not have the power to remove or suspend the senior town planner under this Act.

19F Transitional provision for persons occupying the positions under sections 19, 19B, 19C 19D and 19E

A person who is occupying any of the positions referred to in section 19,19B, 19C, 19D, or 19E immediately before the commencement of this Act must cease to hold that office upon the appointment of a person to the office by the Public Service Commission, unless he or she is appointed by the Public Service Commission to the relevant position.”

6 Subsection 20(1)

Delete “treasurer,”

7 Section 21

Repeal the section.

8 Paragraph 61(3) (b)

Repeal the paragraph.

9 Paragraph 61(3)(a)

Delete “;or”(second occurring)

10 Subsection 61(3)

Delete “and during such period, or as the case may be, pending the appointment or election of new councillors, confer upon such person the exercise of any powers so suspended or of the powers of the council so dissolved” substitute “and , confer upon a person known as a Commissioner, the exercise of any powers so suspended for such period as the Minister considers expedient which must not exceed the expiry of 12 months following the date on which the term of the council so suspended expired”

11 After section 61

Insert

“61A Dissolution of a Municipal Council and election for a new Council

(1) The Minister is to issue an Order to dissolve a Council if:

(a) for any reason half of the seats of a Council become vacant; or

(b) the normal running of the Council is impeded such as being unable to sit for three consecutive sittings for lack of quorum; or

(c) in the opinion of the Minister, the Council has not carried out a proper performance of its functions under this Act.

(2) If dissolution is made under subsection (1), the election must be held after 2 months from the date on which the dissolution is made.

(3) The Clerk is to be responsible for the day to day on-going business of the Council until such time that a new Council is elected, if the Minister issues an Order for dissolution of a Council under this section.”