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In every municipality there shall be a municipal or town council, constituted according to the procedure set out in Part II, and which shall be managed in compliance with the provisions of Part VI. The council shall: (a) control, manage and administer the municipality; (b) maintain all public streets and open spaces; (c) abate all public nuisances; (d) safeguard public health; (e) establish or take over and maintain its resources and any public utility service; (f) develop, control and manage any land vested in, owned or leased by the council; (g) establish or take over and administer housing schemes; (h) generally promote the welfare of the municipality. A council may, with the consent of the Minister for Local Administration, by agreement acquire, purchase or take on lease any land, right of way, water-right or any property or servitude for the purpose of any of its functions. If the council is unable to do so by agreement it may with prior approval of the Minister effect a compulsory acquisition upon payment of compensation. A council may also dispose of any immovable property owned by or vested in the council under the conditions established in section 65. The council may appoint committees for any general and special purposes and may delegate to the committees so appointed: (a) the power to levy rates; (b) the power to borrow money; (c) the power to make by-laws; (d) any other power required to be exercised by the council.Furthermore, for each council there shall be established a management committee elected by the council from amongst its members, which shall be responsible for the administration of any matters affecting the council. The function of the management committee are: (a) to ensure the implementation of the resolutions of the council; (b) to consider any matter as requested by the council; (c) to appoint all staff unless otherwise established by the council and to be responsible for the discipline of staff; (d) to prepare estimates of revenue and expenditure in respect of each financial year; (e) to control the expenditure of all money by the council; (f) to take decisions on behalf of the council where authority has not been delegated to it; (g) to report regularly to the council on the carrying out of its functions. The Council may also delegate further powers to management committee and officers as provided for in section 38.Before or on a date to be determined by the Minister in respect of any council there shall be appointed (a) a Town Clerk; and (b) a Clerk to the Council. The Town Clerk shall (a) be responsible for the proper implementation of all directions of the council and the management committee; (b) provide the management committee with all the information that it may deem necessary to exercise its duties; (c) coordinate the activities of the council and control the efficiency of the administration; (d) be responsible for all communication between the management committee and authority's departments, sections and branches. The Clerk to the Council shall (a) be responsible for the preparation of agenda, the submission of documents and recommendation and the minuting of the proceedings of the council, management committee and any other committee of the council or management committee; (b) ensure that all legal matters receive the necessary attention; (c) be responsible for the safe custody of the documents, records and registers; (d) be responsible for the carrying out of any other duty or directions imposed or given by the council, management committee or the Town Clerk.A council may make by-laws in respect of the following: (a) maintenance of the health, well-being and safety of the inhabitants of the municipality; (b) good order and government of the municipality; (c) prevention and suppression of nuisances in the municipality. Further provisions concern the procedure relating to by-laws and the powers to enforce by-laws. Every council shall establish a municipal account for its general financial purposes according to the provisions of Part IX. The latter concern inter alia: (a) revenues of the council; (b) expenditures; (c) capital and renewals funds; (d) investment of funds; (e) annual estimates. Additional provisions regarding the financial management of the council are dealt with in Part X ("Borrowing Powers") and Part XI ("Accounts and Audit").The Minister may appoint an inspector for the purpose of ascertaining that the duties and powers of the council are exercised in accordance with the legislation in force. For this purpose, Part XII makes provision for the appointment of a commission of inquiry and establishes the powers of the Minister to enforce the performance of duties. Subject to the provisions of Part XIII the Minister may by notice published in the Gazette (a) declare any area to be a town; (b) assign a name to a town; (c) define or alter the boundaries of a town; (d) declare that an area shall cease to be a town. In every town there shall be established a town board to perform the duties and exercise powers that are imposed by this Act or any law.Final provisions concern offences and penalties. The Act is completed by one Schedule, which contains a detailed description of the general powers of the council as provided for in section 56 of the Act.
