the local government laws (miscellaneous …miscellaneous... · no. 6 local government laws...

THE LOCAL GOVERNMENT LAWS (MISCELLANEOUS AMENDMENTS)

ACT, 1999

ARRANGEMENT OF CONTENTS

PRELIMINARY PROVISIONS AMENDMENT OF THE LOCAL GOVERNMENT (DISTRICT

PAGE 2PART IPART II

3-57AUTHORITIES) ACT, 1982 AMENDMENT OF THE LOCALPART IIIGOVERNMENT (URBAN AUTHORITIES) ACT, 1982 AMENDMENT OF THE LOCAL

58 -104PART IV

GOVERNMENT FINANCES ACT,130105-1982

PART V AMENDMENT OF THE LOCAL GOVERNMENT SERVICE ACT, 1982 AMENDMENT OF THE LOCAL GOVERNMENT NEGOTIATING

130-133PART VI

133MACHINERY ACT. 1982 -134AMENDMENT OF THE REGIONAL ADMINISTRATION ACT, 1997

PART VII135

AMENDMENT OF THE 136-141PART VIIIURBAN AUTHORITIES (RATING)ACT, 1983

PART IX AMENDMENT OF THE DISTRICT CORPORATIONS ACT, 1973 142-153

1999Local Government Laws (Miscellaneous Amendments)No. 64PART II

AMENDMENT OF THE LOCAL GOVERNMENT(DISTRICT AUTHORITIES) ACT, 1982

2.-(I) This Part shall be read as one withConstruction,commence-

the Local Government (District Authorities) Act,ment and

1982 herein referred to as ''the principal Act.11applicationAct No.7

of 1982

(2) This part shall come into operation on

such dates as the Minister may, by notice,

published in the Gazette appoint subject to

subsection (3).

The Minister may, in exercising the(3)

powers under subsection (2), appoint different

dates of commencement for different provisions

in relation to such local government authorities

as may be specified in the notice.

..

No. 6 Local Government Laws (Miscellaneous Amendments) 1999 5

Amendment. 3. The principal Act is amended in section 3of Section 3

which relates to interpretation by-

(a) phrasedeleting the ''Area

Commissioner'' and substituting for it

definition thethe following in

appropriate alphabetical order-

""District Commissioner'' has

the meaning ascribed to it byAct No. 1 9 the Regional Administration

of 199 / Act, 1997, and -

when used(i) in

torelation adistrict means the

District

Commissioner for

the District

concerned; and

used(ii) when inrelation to a local

Local Government Laws- (Miscellaneous Amendments) 1999No. 66 -government

authority meansDistrictthe

Commissioner for

the district inlocalwhich that

government

isauthority,

established;''

''Areagenerally deleting the title

Commissioner'' wherever it appears in

the Act and substituting for it the

(b)

title ''District Commissioner;"

deleting the definition ''court'' and(c)

substituting for it the following-

'court'' means any court in

mainland Tanzania of

competent jurisdiction and

Local Government Laws (Miscellaneous Amendments) 1999 7No. 6

includes a ward tribunal

established under the Ward

Tribunals Act, 1985;''Act No.7

(d) by deleting the definition ''Proper

wherever termOfficer'' the

appears in the Act.

(e) the principal Act is amended by addingthe following definition in its appropriatealphabetical order-''service board'' when used in relation to this Act means service board established in accordance with section 86A:

4. The principal Act is amended in section 4

by deleting subsection (3) and substituting for

it the following subsections-

Amendment

of section 4

''(3) The Minister shall in exercising the

powers and' discharging the functions

under this Act, be guided and bound by theneed to- promote decentralisation and the

devolution andfunctionsof powersservices governmentfrom the central

system to local government and within the

local government- system from district

No. 6 Local Government Laws (Miscellaneous Amendments) 1999

council levels to lower level of local

government.

The Minister shall endeavour(4)

to ensure that there is adequate financial

and other resources for various sectors or

aspects of local government so as to

efficientandeffectivetheensure

governmentlocaldevelopment of the

system.

(5) The Minister shall-

andavailabilityensure(a) ofsupplyadequate

personnel trained, skilled

or qualified for work in

orsectionsvarious

localofaspects

government toasso

secure the growth and

development anof

8

1999No. 6 9Local Government Laws (Miscellaneous Amendments)

efficientandeffective

localsystem of

government;

endeavour to ensure that(b)governmentlocalthe

authorities are strong and

effective institutions and

that are more and more

autonomous in managing

andaffairsowntheir

they operate in a more

transparent and

democratic manner;localthatensure(c)

areauthorities

thetoaccountable

people and are generally

so facilitated to improve

their capacities towards

10 1999Local Government Laws (Miscellaneous Amendments)No. 6 .being stronger andeffective in delivering

services to their people''9

(d) endeavour to ensure that

there is availableadequate andfinancialother resources for

sectors,various oraspects of local

government so as to

ensure the effective andefficient development of

the local government

system,

Amendment 5. The principal Act is amended inof section 23

subsection (2) of section 23 by deleting the

whole of subsection (2) and substituting for it the

following-

L

1999 11No. 6 Local Government Laws (Miscellaneous Amendments)

The chief executive officer of the

district council shall be the assistant registrar Of

districtvillages situated in the area of that

council.''

The principal Act is amended by6.Repeal ofsection 3 1 repealing section 31 and substituting for it the

following-

31.-(i) There is"Establish-establishedherebyment of Ward

menta ward DevelopDevelopment

Committee for everyCommitteeward established in the

area of every district

council'.Every Ward(2)

CommitteeDevelopment

shall consist of-

"(2)

Local Government Laws (Miscellaneous Amendments)No. 6 199912

(a) a councillor

representing the

ward who shall be

a chairman or in

his absencemembers shall

elect a presiding

chairman from

amongst villageChairmen;

chairmen of all(b)

councilsvillage

within the ward;

any person who is(C)

a member of a

district council by

virtue of sectionthis35(1)(c) of

Act and who is


ordinarily resident

in the ward;

(d) any other persons

who may be

invited by the

Committee who

shall include

persons from non-

governmental

organisations and

other civic groups

involved in the

promotion ofdevelopment in

the ward but shall

have no right to

vote.

(3) The WardExecutive Officer shall

1999Local Government Laws (Miscellaneous Amendments)14 No. 6

be the Secretary of the

development,ward

committee.

The Ward(4)

Development

shallCommittee

ordinarily meet at least

four times a year but

may hold a special or

extra-ordinary meeting

whenever necessary.

(5) The Secretary of

the ward development

committee shall record

the proceedings of the

shallmeetings and

submit the minutes to

the ward development

committee and district

No. 6 1999 15

council.

(6) The Ward

Development

Committee may for the

purpose of co-

ordinating the functions

or projects amongst

different wards,

establish wardjoint.

committees.

(7) The joint ward

committee established

under subsection (6)

shall each consist of

such members as may

be determined by the

ward development

committee.


The funds and(8)

resources of ward

development

committee shall consist

of such sum as may be

determined and

appropriated by thedistrict council for the

purpose of the ward

development

committees. 1)

Amendment I Section 32 of the principal Act isof section 32 andamended deleting subsectionby (1)

substituting for it the following.-The Ward Development Committee

shall be responsible for ensuring the

implementation of the decisions and

policies of the district council, and of the

"(1)

Local Government Laws (Miscellaneous Amendments)'No. 6 1999 17

development schemes, which relate to the

ward, withoutand prejudice theto

generality of that duty, shall, in particular,

be responsible for-

(a) establishmentthepromotingco-and ofdevelopment

operative andenterprises

activities within the ward;

the initiation or formulation of

any task, venture or enterprise

designed to ensure the welfare

and well being of the residents

of the Ward;

(b)

co-the supervision and(C)

ordination of the

implementation of projects and

districtprogrammes of the

council within the ward;

Local Government Laws (Miscellaneous Amendments)18 1999No. 6

and co-ordinating(d) planning

activities of, renderingand

assistance and advice to the

residents of the ward engaged

in any activity or industry of

any kind;

the formulation and submission(e)

to the Village Councils or to

ofcouncils,the

proposals for the making of by-

laws in relation to the affairs of

the ward.

monitoring revenue collection;(f)promotingandinitiating(g)

indevelopmentparticipatory

the ward;

all funds(h) supervising

established in and entrusted in

the ward;

district

-

1999 19Local Government Laws (Miscellaneous Amendments)No. 6

(i) disastermanaging and

environment related activities;

promotion of gender issues.(j)

Amendment 8. The principal Act is amended in subsectionof section 35(1) of section 35 by adding paragraph (e) immedi-ately after paragraph (d) as follows-

''(e) any other member of parliament whosenomination originated from organs of poli-

tical parties within the area of jurisdictionof the district council.''

9.Amendment Section 45 of the principal Act isof section 45

amended in subsection (1) by adding paragraph

(e) immediately after paragraph (d) as follows:-

''(e) such number of women members who

are qualified to be elected to the township

authority being not less than one quarter of'

all the members referred to in paragraphs

1999Local - Government Laws (Miscellaneous Amendments)No. 6

(a), (b) and (c) to be proposed by the

political parties represented in the township

authority in such numbers as shall be

proportional to the number of members of

the townshipelectedparties tothose

authority which the electoral authority shall

declare to have been elected into the

township authority.''

10. Section 57 of the principal Act is herebyAmendmentof section 57

and(3)subsectiondeletingbyamended

substituting for it the following subsection-

''(3) As soon as may be practicable after

the expiry of five years from the date when

the village council was elected by the

village assembly, the village council shall,

in the manner prescribed by the Minister in

the regulations convene a meeting of the

20

-

Local Government Laws (Miscellaneous Amendments 1999 21No. 6

village assembly for the election of new

members of the council.''

Amendment 11. Section 71 of the principal Act is,of section 71

amended-

(a) by deleting the marginal notes and

substituting for it the following:officerscouncillors

interest In contracts,

agreements.''

(b) in subsections (1), (2), (5), (6), (7),

(8), (9) and (I 0) by inserting the word

"or officer'' after the word ''member''

wherever it occurs in those

provisions.

in subsection (8) by deleting the

phrase ''two thousand shillings and

substituting for it the phrase

(e)

''three

or

199922 No. 6 Local Government Laws (Miscellaneous Amendments)

hundred thousand shillings'

in subsection (2) by deleting the term(d)"proper officer'' and substituting for it

the title ''Regional Commissioner."

The principal Act. is amended by12.Addition ofsection 7 1 A adding section 7 1 A immediately after section 71

as follows: councillors 71 A. Where a

councillor exercises theliability

powers conferred on

him by this Act in abuseof the authority of his

office then he as well as

any other person

involved in procuring

the councillor to

exercise power in abuse

of authority, is guilty of

I


an offence and may be

proceeded against in

accordance with section

cap. 16 96 of tile Penal Code."

Repeal of 13. The principal Act is amended insection 74

section 74 by deleting the whole of section 74

and substituting for it the following:''Standing 74(l) Every districtCommittees shall establishof the standing committees

for-District

(a) Finance,

Administration

and Planning;

(b) Education,Health

and Water; and

No. 6 1999

Economic affairs(c)

works and

environment.

Notwithstanding(2)

subsection (1) a district council

such otherestablishmay

notcommitteesstanding

exceeding three as may be

propernecessary thefor

discharge of the functions of

the council taking into account the local needs and priorities.

(3) The Minister may by

regulations published in the

Gazette prescribe the limit of

the number of committees that

may be established by a district

council and the annual cost of

meetings of a council of its

24 Local Government Laws (Miscellaneous Amendments)


committees and

subcommittees.

Any committee(4)

appointed under this section

may invite other persons who

are not members of the district

council to provide expertise

and other assistance but such

invited persons shall not take

part in the final decisions of the

committee.

(5) The number of members

standingof committeeestablished under this Act shall

be such as may from time to

time be thedetermined by

district council.

Each standing(6)

a

Local Government Laws (Miscellaneous Amendment) 199926 No. 6

committee other than standing

forcommittee finance

administration and planning

shall consist of not more than

one third of the members of

the district council.

Section 76 of the principal Act isRepeal of 14.section 76

hereby repealed.

The principal Act is amended by15.Addition ofsection 86A

the86sectionafterimmediatelyadding

following section:

''Establish- 86A.-(1) A district

council may, for the purposement of -of discharging its functionsservice

establish by instrumentBoard

published in the Gazette, a

provisionsservice board for

.

I


. . .of services within its area of

jurisdiction.

(2) The constitution and

tenure of office of a boardestablished subsectionunder

(1) shall be as may be

determined by the Council in

the establishment instrument or

any other authority.

(3) Every service board

shall be accountable to the

district

perform

council and shallsuch duties and

functions as may be specified

in the instruments of itsestablishment''.

28 No. 6 1999Local Government Laws (Miscellaneous Amendments)

16. The principal Act is amended byRepeal ofsection 96

repealing section 96 and replaced with the

following:

96.-(I) Every township"Power to

Authority shall establishestablish

Standing committeesStanding

for-Committees

Finance,(a)

Administration

Urbanand

Planning;

Education, Health,(b)

and Water

Economic affairs,(e)

andworks

environment.

(2) A township authority

may establish not more than

other standingtwo

29 , No. 6 1999Local Government Laws (Miscellaneous Amendments)

committees which are

necessary or expedient for the

better performance offunctions and the efficient

management of the affairs and

business of the township

authority.

(3) The term of office of

the members of the committee

shall from time to time be

determined by the township

authority.

(4) A standing committee

established under this section

othermay invite such

persons, who are not members

of the authority as may deem

necessary for the efficient


execution of any task

undertaken by it.

17. The principal Act is amended byAddition of'section I I A

immediatelyadding after section III the

following section:

In addition toI I IA.-(I)66 Objectives

functions inthe specifiedfor

section I I I it shall be thefunctions

objective of the local

authorities in performing theirfunctions-

(a) to give effect to

meaningfulthedecentralisation in

political, financial

and administrative

matters relating to

the functions

1999Local Government Laws (Miscellaneous Amendments)3 1. No. 6

powers,

responsibilities

and services at alllevels localof

government

authorities;

andpromoteto(b)

ensure democratic

in,participation

and control of

decision-making

peopletheby

concerned; and

andestablishto(C)

reliablemaintain

sources of revenue

otherand

resources in order

localenableto


governmentauthorities to

theirperform

functions

effectively and to

enhance financial'ofaccountability

local government

authorities, theirandmembers

employees.

(2) In the performance

theirof functions, local

government authorities shall-

(a) theirprovideservices in an

efficient and cost-

effective manner

co-and foster

-

33 No. 6 Local Government Laws (Miscellaneous Amendments) 1999

operation with

civic groups and

other persons or

authorities;(b) accord due

recognition to, and

promote, gender

awareness- and)provide(C) for theprotection and

proper utilization

of environment for

sustainable

development.

(3) Nothing in this Actshall be construed as

prohibiting local - government

authorities from performing

any function which is not the


exclusive responsibility of the

central government or any

localother government

authority.

For the purposes of(4)

subsection (3), the Minister

may from time to time by

in theOrder published

for localspecifyGazette,authoritiesgovernment any

are thewhichmatters


central government and those

of various levels of the local

government authorities. .11

18. The principal Act is amended by

adding immediately after section

following section:

Addition of

section I 1 1 BI 1. IA the

6 1999Local Government Laws (Miscellaneous Amendments)

''Public 1 1 1 B. The Minister may,

for the purpose of effective,

efficient and participatory

running of the affairs of local

government authorities, by


hearings

Gazette prescribe the

procedure and the manner in

which Public hearings shall be

held in cases whenever a

local government authority

intends to carry out a schemeof major public interest.

Section 116 of the principal Act is19.

amended by adding immediately after subsection

(2) the following subsections:

''(3)

Amendment

of section 116

There shall be freedom of

speech and debate in any proceedings of

No. 6 1999 36Local Government Laws (Miscellaneous Amendment)

the district authority during meetings and

such freedom of speech and debate shall

not be liable to be questioned in any court

or place outside the meetings of the district

authority.

(4) Notwithstanding the provisions,

of this section, a member of a district

exercises.authority who the powers

conferred on him by this Act in abuse of

the authority of his office, commits an

offence and, may be proceeded against in

accordance with section. 96 of the Penal

Code.''Cap. 16

Section 118 of the principal Act is20.Amendmentof section I I 8

amended-

subsectionin(a) (1) by adding

immediately after paragraph (f) the

following paragraph:

-

37. No 6 Local Government Laws (Miscellaneous Amendments) 1999

''(g) to take all necessary

measures to provide for the

protection and properutilization of the environment

for sustainable development.-(b) by renumbering paragraph (g) as (h)

Repeal of 21. The principal Act is amended by

repealing section 119 and substituting for it the

following:

section I 1 9

119.''Performance Any district councilmay Perform any functionsof functions

lawfully delegated to it as a

local government authority by

agreement with a central

government or with

the, district council or

other local

delegated to

district

Council

government, authority

Local Government Laws (Miscellaneous Amendments)No. 6 1999 38

or body within

mainland Tanzania,

whether or not it is a

body corporate,

adhering to conditions

laid down in the

agreement subject to

such terms and

conditions as may be

agreed upon with the

District Council which

shall include the

provision of sufficient

resources to enable the

council- to Perform such

functions.,,''

Amendment 22. Section 120 of the principal Act isof section 120

amended-

Local Government Laws (Miscellaneous Amendments) J999

(a) by inserting the words anybeforeorganisation or body'' the

words a ''township'' appearing .in the

sixth line of subsection (1);

by(b) inserting the words any

organisation or body'' before the

words ''the township'' appearing in

the first and second line of subsection

(2);

by adding the following words at the(C)

end of subsection (2)-66 and perform those functions

as directed by the District

Council.

Addition of The principal Act is amended by23.section 120A

adding immediately after section .120 thefollowing section:

39. NO 6

http://.in

Local Government Laws (Miscellaneous Amendments) 1999 40No. 6

Where a director120A.Abuse of

or officer exercises theAuthority

powers conferred on him by

this Act in abuse of the a

authority of his office he as

well as any other person

involved in procuring the

director to exercise powers in

by a

Director

abuse of the authority

commits an offence and may

inbe proceeded against

accordance with section 96

of the Penal Code.Cap. 1 6 19

24. The principal Act is amended by repealingRepeal of . .section 125 and substituting for it the following-section 125

125.-(I) A district council''Power to

may enter into a contract withcontract


any person in order to

perform any of its functions

under this Act.

(2) No district council

shall, enter into any contract of

supply of goods or materials,

the execution of any works

or the provision of any

service, without complying

with procedure of competitive

tendering and other procedures

set out in the Local

Government Financial

Memoranda issued in

accordance with the Local

Government Finances

Act No. 9

of 1982

Act.

(3) Any contract made by

a district council shall be


made in accordance with theAct No.9 Local Government Financialof 1982 Memoranda issued under the

Local Government Finances

Act, 1982, if no provision in

the memoranda which relates

to the making of contracts,

then in accordance with the

standing orders or directions

of the district council or, as

may be appropriate, in

accordance with the district

council budget.

(4)- A person entering into a

contract with authorityan

shall not be bound to enquire

whether the entering by the

council into the intended

contract complies with the

43 Local Government Laws (Miscellaneous Amendments)No. 6 1999

standing orders of the council

or with the directives of the

authorities and all contracts so

entered

council

valid

into by a district

shall if otherwise

be valid,

notwithstanding the standing

orders or directions of the

Minister not having been

complied with. .Amendment 25. Section 127 of the principal Act is

amended-of section 127(a) by deleting the designation ''proper

officer'' wherever it occurs and sub-stituting for it the designation ''Re-gional Commissioner''

I

(b) by adding the following new sub-section immediately after subsec-tion (4)''(5) Notwithstanding the provisionsof section 127, if the council is agg-rieved by any of the decisions madeby the Regional Commissionerunder this section it may appeal tothe Minister whose decision in thematter shall be final.


26. Section 135 of the principal Act is amended- Amendmentof section 135(a) by deleting subsection (2) and

substituting for it the following:

''(2) No township

authority shall enter into any

contract for the supply of

goods or materials or the

execution of any works or the

provision of any services,

without complying with the

procedure for competitive

tendering and other

procedures set out in the

Local Government Financial

Memorandum issued in

accordance with the Local

Act No.9

of 1982"Government Finances Act.

by deleting subsection (4) and(b)

substituting for it the following

subsection:

''(4) A person entering into a

1999Local Government Laws (Miscellaneous Amendments)45 No. 6contract with a township

authority shall not be bound

to enquire whether the

entering by the council to theintended contract complies

with the standing orders of

the township authority and all

contracts entered into by a

township authority, if

otherwise valid, shall haveforcefull and effect in

relation to the obligations of

under them,the authority

notwithstanding the standing

ororders directions not

having been complied with''.

Repeal ofThe principal Act is amended by27.section 137



following:

Subject to such137.

general or specific limitations

or conditions as the district

council may by order

published in

Power to-66

write off

arrears of

revenue,

Gazette, localcash and

newspaper or a notice posted

at a notice board, specify in

relation to any township

authority or category of

township authorities, section

127 shall apply mutatis

stores

mutandis to township

authorities in respect of the

power to write off arrears of

revenue cash and stores as if

references to a district council

in that section were references

to a township authority."

47 .No 6 Local Government Laws (Miscellaneous Amendments) 1999-28. Sections 143, 144, 145 and 146 of theRepeal of

sections 143,principal Act are. hereby repealed.

1,44, 145 and~ 146

Section 150 of the principal Act is29.Amendmentof section 150

hereby amended-

(a) by deleting subsection (3) and sub-stituting for it the following new sub-section-''(3) After the By-laws have been madeby a district council they shall belodged with the Regional Commi-ssioner in the region in which thecouncil is situated for comments byhim; and the Regional commissionershall, as soon as practicable, submitthe by-laws to the Minister for hisapproval.

subsectiondeleting(b) by and(S)


Local Government Laws (Miscellaneous Amendments)No..6 1999 48

''(5) The Minister may,before approving any by-law

which affects a reserve or

specific area or any other

enacted law, consult the

Minister responsible, for the

relevant law or matter as the

case may be.


amended-

(a) in subsection (3) by deleting the

words ''five thousand shillings''

substitutingand

for them the words''three hundred thousand shillings.''

(b) in subsection (1)(c) by inserting afterwordthe ''Minister'' the words

''Regional Commissioner or localgovernment authority''

49. No. 6 1999Local Government Laws (Miscellaneous Amendments)

31. Section 153 of the principal Act isAmendmentof section 1 53 hereby amended-

ofthe contentsrenumbering(a) by

section 153 as 153.-(l);

(b) by adding after subsection (1) the

following subsection-

''(2) The Director may where

he is satisfied that any person

committed an offencehas

by-lawsanyunder made

under this Act, by order under

suchhand compoundhis

suchrequiringbyoffence

person to make payment of a'

sum of money:

Provided that-

ofsuch sum(a)

money shall not be

themore than


finemaximum

provided for such

theandoffencetheofwholeanyofamount

penaltyorlevysuchfromdue

person;powerthe(b)

conferred by this. shallsubsection

only be exercised

where the person

admits in writinghashethatthecommitted

offence;

(C)

give to the Person


from whom he

receives such sum

of money a

receipt therefor.''

Amendment 32. Section 164 of the principal Act isOf section 164

amended-

by renumbering subsection(a)

(3) as subsection (2);

(b) by adding a new subsection

(3) immediately after

subsection (2) as follows:

''(3) Any by-law made

by a village council

under this section shall

be in accordance with

this Act and shall not

contravene any written

law and nothing in this


Act shall De deemed to

any villageempower

council to make any

by-law iswhich

inconsistent with any

by-laws made by adistrict or other local

organgovernment

the villageabove

council timethefor

inforcebeing in

relation to that Village

Council".


amended in subsection (1) by deleting the phrase

-two thousand shillings'' and substituting for it

the phrase ''fifty thousand shillings. 91

...


34.Addition of The principal Act is amended bysection 170

adding immediately section 170after the

following section-

The Minister170A.-(I)C 4Code of

may make regulationsconduct

prescribing the code of

conduct for councillors

of a local government

authority.

(2) Regulations made

under subsection (1) shall be

published in the Gazette.

The principal Act is amended by35.Addition ofPart VIIA 174 thesectionafterimmediatelyadding

following Part-


''PART VIIA

FUNCTIONS OF THE CENTRAL

GOVERNMENT IN RELATION

TO LOCAL GOVERNMENT

In relation to the1/4ARelationsand offunctionspowerswith central

district authorities conferredgovernment

by this Act the central,shall-government

I thefacilitate(a)

'exercise of those

powers and the

discharge of those,

in afunctions

manner that gives

due recognition to

the autonomy of

governmentlocalauthorities-

5


aformulate(b)

policynational

regulatoryand

framework for the

governmentlocal

system;

co-ordinate and(c)

themonitor

ofperformance

governmentlocal

forauthorities

withcompliance

policies,national

andguidelinesstandards-~.

policies(d) developforand provide

regulatory

framework to


ensure that thedistrict councils

lead other

development

agencies in theirareas of their

jurisdiction in the

proper execution

and

implementation of

those policies;

provide(e) the

necessarytechnical support

or assistance to

district councils

for the

development of


respective sectors

in the districts;

(f) assist in work for

the

implementation of

decisions and

resolutions ofr district councils

which affect the

development of

respectivetheir

sectors,

and central government shallIV

have due regard to the need to

recognise and enhance the1

governmentrole localof

authorities in the provision of

services and supervision of

i


development activities within

their respective areas. .



''two hundred shillings'' and substituting for it-the phrase ''fifteen thousand shillings."

Amendment 37. The Principal Act is amended inof section 180

deletingsection 180 by the phrase ''threehundred shillings'' and substituting for it thephrase ''twenty thousand shillings''

-

591999- Local Government Laws (Miscellaneous, Amendments)No. 6

AME NDMENT OF THE LOCAL GOVERNMENT(URBAN AUTHORITIES) ACT, 1982

38.-(I) This Part shall be read as one withthe Local Government (Urban Authorities.) Act,I 1982 in this Part referred to as ''the principal

Construction

and.application

Act No.8

Act'',of 1982(2) This part shall come into operation OR

such dates as the Minister may, by notice in theGazette appoint subject to- subsection (3).

The Minister may in exercising the(3).differentpowers under subsection (2), appoint

dates of commencement for different provisionsin relation to such local government authorities

.as may be specified in the notice.

39. Section 3 of the the principal Act isAmendmentamended-of section 3

PART III


(a) by deleting a semicolon at the end ofthe definition ''City Council'' and

adding the following phrase:''and includes a City Council...

established under section 5subject to section 7A of thisAct;''

by deleting a semicolon at the end ofparagraph (c) in the definition ''theCouncil'' and adding the followingphrase:

(b)

''and includes citytheunderestablishedCouncil

section 5 subject to section7A of this Act''-

1

(c) by adding the phrase at the end of thedefinition ''court'' as follows-;

and includes a ward tribunal

established under the Ward


Tribunal- Act, 1985''-Act No.7 I

of 1985by deleting the definition ''proper(d)

termthewhereverofficer''

appears in the Act.

(e) by inserting at the appropriate alphabeticalorder the following definition-

''service board'' means the service boardestablished under section 52A!'

Section 4 of the principal Act is40.Amendmentandof section 4 by deleting subsection (3)amended

substituting for it the following subsections-

(3) The Minister shall-andavailabilitytheensure

adequate supply of personnel

trained, skilled or qualified for

work in various sections or

aspects of local government so

as to secure the growth and

(a)

--

development of an effective

...Local Government Laws (Miscellaneous Amendments)62 No. 6 1999.

and efficient system of the

local government;

endeavour to ensure that the(b)

authoritiesgovernmentlocal

are strong and effective

institutions that are more and

more autonomous in managing

their own affairs and that they

operate in a more transparent

and democratic rnanner;

ensure that local government(c)

authorities are accountable to

the people and are generally so

improvefacilitated theirto

towardscapacities beingeffectivestronger and in

delivering services to the

people;


(d) endeavour to ensure that there

is available adequate financial

and other resources for various

aspectssectors or of local

government so as to ensure theeffective efficientand

of the Localdevelopment

government system.

'(4) The Minister shall, in exercising theand the functionsdischargingpowers

under this Act, be guided and bound by the

decentralisation andneed promoteto

powers andof functions,devaluation

services from the central government to

the local government system and within

the local government system from higher

urbanoflevelslowerlevels to

authorities.''

Local Government Laws (Miscellaneous Amendments)64 No. 6 1999I

Section 5 of the principal Act, is41.Amendmentof-section 5

amended-

deleting and(1)subsectionby(a)

followingit theforsubstituting

subsection:

Subject to sections 7440 )

7A' othertoandand

provisions of this part, the

OrderMinister bymay,'inpublished Gazette,the

ofareain anyestablish

anTanzaniaMainland

appropriate urban authority or

authorities.''

in subsection deleting(4) by(b)

paragraph (c) and substituting for it

the following paragraph-

A city council shall be6,(c)

known as the city and shall be


of such characteristics as to

Jurisdiction,area,size,

functions or other description

as may be specified in the

Order establishing it.''

Section 7 of the principal Act is42.Amendmentof section 7 and(1)subsectiondeletingbyamended

substituting for it the following subsection:

beshallauthorityNo urban(1)

established except in accordance with the

procedure prescribed by this Act.''

The principal Act is amended by43.

adding immediately after section 7 the following

section:

Addition of

section 7A


Where it is7A.-(I)"Procedure for

intended to establish a cityestablishing

council in respect of an areaa city

authorityor areas of -urbancouncil

or authorities, the Minister

shall, by a two months notice

published in the Gazette

in urban

authority

give notice of intention

indicating its composition and

jurisdiction and such other

matters as the Minister may,

deem necessary and call upon

interested persons to lodge

with him in writing any

objections within such time as

may be prescribed in the.notice.


Where upon. the(2)

expiration of the notice, no

objections are received from

any person the Minister shall

proceed to make and publish

Gazettein the the

Order underestablishment

section 5.

Where objections are(3)Ministerlodged with the

pursuant to the notice givensubsectionunder the

take intoMinister may

account the objections and

may after consultation with

the determinepresident

whether or not to establish a

city council.

(1),


The Minister shall, as(4)

afterpracticableassoonundermaking orderthe

section (5), lay before tile

a copy ofNational Assembly

the notice issued under

subsection (1) together with a

Ordertheofcopyundermadesubsequently

section 5.''

Section 14 of the principal Act is44.Amendrnentof section 14 amended-

subsection inserting(3) byin(a)immediately after the word ''Mitaa''

I

the words ''or village"

insertingbyin subsection (4)(b)immediately after the word ''Mtaa''

I

the words ''or village.

-


immediatelyadding(c) by after

subsection (4) following subsection:

"(5) Every Mtaa shall

hold meeting at least once in

every two months and shall

after the meeting submit the

minutes of the meeting to the

developmentward

Committee. ) I


immediately section 14 theadding after

following section-

14A-(I) There shall be"Mitaa

established a Mtaa committee

in each Mtaa, which shall be

composed of not more than

committees

six members elected from


amongst residents of the

Mtaa.

(2) The functions of the

Mtaa committee established

under subsection (1). shall be-

to(a) implement

councils' policies;

(b) theto advise

Council on matters

relating to

development plans

ofand activities

the Mtaa;

(c) to advise the Ward

Development

Committee on

matters relating to

peace and security

in the Mtaa.

No. 6 1999 71Local Government Laws (Miscellaneous Amendments)

keep proper(d) to

record of residents

of the Mtaa;

(e) suchand to do

other things as

may be conferred

itupon theby

ward development

committee.''


amended -

(2) andsubsection(a) by deleting

it,forsubstituting the following

subsections:

''(2) Every ward development

committee shall consist of-

-


(a) a chairman whoshall be a member

representing the

ward in the urban

authority and in

his absence

members shall

elect a presidingchairman from

amongst chairmen

of the Mitaa;

(b) chairmen of the

Mitaa within the

ward;

(c) Councillors of

urban authorities

who are resident

in the ward;


chairmen of(d)

councilvillage

within the ward

(e) a person who 13 a

member of. urban

authority by virtue

sectionof

(2)(c)19(l)(C),

and (3)(c) of this

Act and who is

ordinarily resident

in the ward'; andinvitedother(f)

persons as may be

determined by the

butcommittee

shall have no right

to vote.''


by deleting subsection (4) and(b)

substituting for it the following

subsection:

"(4) There shall be a ward

executive officer who shall be

the Secretary to the ward

development committee.

by renumbering subsection (3) as

subsection (4) and subsection (4) as

subsection (5).

(c)

Section 16 of the principal Act 'is47.Amendmentof section 16 amended-

adding(1)subsection by(a)

immediately after paragraph (e) the

following paragraph:

to monitor and co-11(f)

the ofactivitiesordinate

''Mitaa within the ward''

in

I


after(b) by immediatelyadding

followingsubsection (3) the

subsections-

''(4) The council may for the

purpose of co-ordinating the

functions or projects amongst

different. wards, establish joint

ward committees;

The ward joint(5)

committees established under

eachshall(4)subsection

consist of such members as

may be determined by the

council.

Funds and resources(6)

developmentwardof

committee shall consist of any

sum as may be determined

thebyappropriatedand


council for the purposes of

ward Committees."

Section 19 of the principal Act is48.Amendmentof section 19 amended-

afterimmediatelyaddingby(a)

followingsubsection (3) the

subsections:

" (4) councilcityA

established subject to section

of the7A consistshall

following members:

(a) a ma or elected bycouncillors of the

authoritiesurbanwithin the area ofthe city council from

electedamongstcouncillors-


(b) a deputy mayor ele-cted by councillorsof the city councilfrom amongst ele-cted councillors ex-cept that where themayor is from oneurban authority, thedeputy mayor shallbe from a differenturban authority;

(c) five members ofparliament at leastone from each urbanauthority, and atleast one of whomshall be a woman,each elected fromamongst themselvesby members of par-liament from andresident in the city.";

(d) three councillors

from each of the

urban authorities

and at least one of

whom shall be a

woman;


the mayor of each(C)urban authoritywithin citythecouncil.

(5) The mayor elected undersubsection (4) shall hold office for aperiod of five years and may beeligible for re-election.

(6 . ) A Deputy Mayor shall holdoffice for a period of one year andmay be eligible for re-election tothat office.

(7) The city director shall be theSecretary at all meetings of the citycouncil but shall have no right tovote;''

by renumbering subsection (4) as(b)subsection (8).

Section 38 of the principal Act49. Amendmentof section 38amended-

I


(a) in subsection (1) by insertingimmediately''member''

wordafter the

the wordsofficer''

I

(b) in subsection (9) by deleting

the words ''district council'' and

substituting for it the words''urban authority''

Repeal of 50. the principal Act issection 42) amended by repealing section 42 and substituting

for it the following:

Standing

Committees

kI 42.(1) Any urban

authority other than a city

Council shall establish a

standing committees for-

finance and(a)

administration;


(b) economic

affairs, health,

and education;

(c) urban planning

and

environment."

Notwithstanding(2),

councilthesubsection (1)

such otherestablishmay

committees notstanding

exceeding three as may be

properfor thenecessary

discharge of the functions of

the council to local needs and

priorities.

A city Council(3)

established under section 7A

suchshall establish

committees as bemay


determined by the Minister in

the order establishing it.

(4) Each standing

thecommittee except

committee forstanding

and administrationfinance

shall consist of not more than

one third of the members of

the urban council.

(5) The Minister may, by


gazette prescribe the limit of

the number of committees

that may be established by an

urban council and the annual

cost of meetings of council,.

committees andits

subcommittees.

1999Local Government Laws (Miscellaneous Amendments)No. 682

Any committee(6)

established under this section

may invite other persons who

themembersnot ofare

council to 'provide expertise

and other assistance but such,

invited persons shall not have

the right to vote.''

The principal Act is amended by51.Addition ofsection 52A the42sectionafterimmediatelyadding

following section-

52A.-(I) An urban

authority may for the

purpose of discharging its

functions within its area,

establish by instrument

published in the Gazette.

46Establishment

of Service

Board

No. 6 199983 Local Government Laws (Miscellaneous -Amendments)

such service boards as it may

deem necessary.

(2) A Service boardestablished under subsection

(1) shall be answerable to the

authorityurban and shall

perform such duties andfunctionsexercise such as

may be specified in the

instrument establishing it"..

Amendment 52. Section 54 of the principal Act isof section 54.

amended-

(a) by deleting the marginal note and

substituting for it the following-

''Objectives and functions of

the local government .authorities;";


addingbysubsection (1)in(b)

immediately after paragraph (c) the

following paragraphs-

44(d) to take necessary

measures to protect/and

enhance the

environment in order to

promote sustainable

development.

give thetoeffectto(e) -'meaningful

indecentralisation

andfinancialpolitical,

mattersadministrative

relating to the functions,

responsibilitiespower,

and services of all levels

governmentlocalof

authorities;


to promote and ensure(f)

democratic participationcontrolin, and of,

decision-making by the

people concerned; and

to establish and maintain(g)reliable sources of

revenue otherand

resources enabling local

government authorities

to perform their

functions effectively -and

to financialenhance

of localaccountability

government authorities,

their members and

employees.''-9

Local Government Laws (Miscellaneous Amendments) 861999No. 6

by adding immediately after(c)

(1) the followingsubsectionsubsections-

''(2) in the performance

then- functions, localofgovernment authorities shall-

their(a) provide

aninservicesefficient and cost-

mannereffective

foster co-and

operation with civicothergroups and

orpersons

authorities;due(b) accord

recognition to, and

gender

awareness,.

promote

1999Local Government Laws (Miscellaneous Amendments)87 No. 6-

Nothing in this Actbeshall construed

prohibiting local government

authorities from performing

any function which is not the


central government or of any

localother government-authority

For the purposes of(4)

subsection (3), the Minister

may from time to time by

order published in the

specify for urbanGazette,

authorities any matters which

are the exclusive

responsibility of the central

government and those of any

(3)

as


other local governmentauthority."

by renumbering subsection (2) as(d)

subsection (5).

The principal Act is amended by53.Addition ofsection 54A thesectionafteradding 54immediately

following section-

54A. In relation to the

powers and functions Of Urban

authorities conferred by this

46Relations with

Central

Government

Act, the central governmentshall-

the(a) facilitate

exercise of those

powers and the

discharge of those

afunction in

manner that gives


due recognition to

ofautonomythe

governmentlocalauthorities-

a(b) formulate

national policy and

regulatory

framework for the

governmentlocal

urbaninsystem

areas;

and(c) co-ordinatethemonitor

ofperformanceauthoritiesurban

compliancefor

nationals.with

policies, guidelinesaid standards; and

No. 6 Local Government, Laws (Miscellaneous Amendments) 1999 90

(d) have due regard to

toneedthe

andrecognise

enhance the role of'

governmentlocal

theinauthoritiesofprovision

andservices

ofsupervision

development

activities within

respectivetheir

areas.

policies(e) develop

provide forand

regulatoryandframework

thethatensureauthoritiesurban


shall lead other

development

in theiragencies

area of jurisdiction

in properthe

andexecution

ofimplementation

those policies;

the(f) provide

necessary technical

urbansupport to

authorities for the

ofdevelopment

sectorsrespective

in their areas;

(g) assist in work for

the implementation

of decisions and

resolutions of the

-

92, 1999No. 61 Local Government Laws (Miscellaneous Amendments)-

urban authorities

which affect the

development of-their, respectivesectors;''




"(3) There shall be freedom of speech

and debate in any proceedings of the urban

authority during council meetings and

such freedom of speech and debate shall

not be liable to be questioned in any court

or other place outside the councilsmeetings.

(4) Notwithstanding the provisions

of this section, any member of an urban

authority who exercises the powers


conferred on him by this Act in abuse of

the authority of his office, commits an

offence and may be proceeded against in

accordance with section 96 of 'the PenalCap. 16

Code. 19

Section 67 of the principal Act is55.,Amendmentof section 67


(2) the following subsection:

Where a director exercises the6'(3)

powers conferred on, him by this section in

abuse of the authority of his office, then,

he as well as any other person involved in

procuring the director to exercise the

power in abuse of authority commits an

offence and may be proceeded against in

accordance with section 96 of the Penal

Code. 55


The principal Act is amended-56.Addition of

(a) by adding a new subheading andsection 69Aand a

section 69A as follows-subheading''C-Functions of the City Council

established subject to section 7A ''69A. Thefunctions

Functionsof the

of tile cityCity

councilcouncil

shall be:co-(a) to

theordinate

andpowers

offunctions

urbanthe

authorities

regardinginfrastructure


and land use

planning;

(b) to prepare a

coherent

city-wide

frame work

for the

ofpurpose

enhancingsustainable

development;

promote(c) to

co-operation

thebetween

councilcity

orand,

amongst

localgovernment

~, r


authorities

within thecity area;

(d): to cleal with

all matters in----~ ,there!whichinter-is an

dependancy

among the

urban

authorities;

(e) to support

and facilitate

the overall

functioning

and

performance

of the urban

authorities;


provide(f) to

peace and

security and

emergency

services such

as fire

prevention

and control,

ambulance

and police;

(g) to performsuch other

functions as

may be

agreed upon

between the

City Council

and other

urban


authorities;

and

perform(h) to

major

functions

torelating

protocol and

ceremonies.

by renumbering subheading(b)"C'' as subheading ''D''.

57. The principal Act is amended byAddition ofsection 78A

sectionafterimmediatelyadding the78

following section: .78A In relation to the"Power of

exercise of powers and

performance of functions of

local government authorities

conferred by this Act, the role

Regional

and

District

Commissioner

of the Regional

Commissioner and of the

District Commissioners shall

i


be to investigate the legalitywhen questioned of actionsand decisionsgovernmentwithin

of localauthorities

their areas ofjurisdiction and to inform the

Minister or take such other

appropriate action as may be

required.''

58. Section 81 of the principal Act is amendedin subsection (5) by deleting the word ''consent''which appears in the first line and substituting forit the word ''approval'';

Amendment

Of section 9 I

59. Section 88 of the principal Act is Amendmentof section 88amended-

(a) by deleting the phrase ''five thousand

shillings'' and substituting for it the

phrase ''fifty thousand shillings''11

immediatelyby adding after(b)subsection (2) the following section:


"(3) The Director may,

where he is satisfied that anyhasperson committed an

offence under any by-laws

made under this Act, by order

under his hand compound

such offence by requiring

such person to make payment

of a sum of money;

Provided that:-

such sum of(a)

money shall

not be more

thethan

maximum

fine

provided for

such


offence and

the whole of

the amount

of any levy

or penalty

due from

such person;

(b) the power

conferred

by this

subsection

shall only

be exercised

where the

person

admits III

writing that

he hascommitted


the offence;

the Director(c)

shall give, to

personthe.

from whom

receiveshe

such sum of

anmoneyofficial

receipt

therefor.''

Section 92 of the principal Act is60.Amendmentof section 92 amended in paragraph (c) by deleting the words

''five hundred'' and substituting for it the words

''fifty. thousand''.

Section 93 of the principal Act isAmendment 61.of section 93


amended in paragraph (b) of subsection (1) by

the words ''two hundred'' anddeleting

substituting for it the words ''fifty thousand''

Amendment Section 94 of the principal Act is62.

amended by deleting the words ''three hundred''

and substituting for them the words ''fifty

thousand''.

of section 94

Addition of 63. The principal Act is amended by. A. 109A

adding immediately after 109section the

following section:

The Minister10 . 9A.-(l)44Code of

may, by regulations publishedconduct

in the Gazette, establish a\code of conduct for members

of urban authorities.

1999


PART IV

THE AMENDMENT OF THE LOCAL

GOVERNMENT FINANCE ACT, 1982

64.-(]) This Part shall be read as oneConstructionand

with the Local Government Finances Act, 1982application

in this Part referred to as ''the principal Act''Act No.9of 1982 (2) This part shall come into operation on

such dates as the Minister may, by notice in the

Gazette appoint subject to subsection (3).

(3) The Minister may in exercising the

powers under Subsection (2) appoint different

dates of cornmencement for different provisions



Amendment 65. Section 4 of the principal Act isof section 4 amended-

105105

105 No. 6 Local Government Laws (Miscellaneous Amendments) 1999(a) by adding immediately

definition ''authority'' the

definition:

after the

following

''blockgrant'' meanssubvention whether

conditional or unconditional

granted to a local government

authority

government

I OA; ''

by the centralsectionunder

(b) by adding immediately after thedefinition "district authority'' the following-

"equalisation. meansgrant''subvention granted by thecentral government in

localagreement with the. authoritiesgovernment to

enable least developed local

106

No. 6. 1999 106Local Government Laws (Miscellaneous Amendments)

authorities meet the cost of

services based on the degree

to which a local government

unit is lagging behind the

national standard.

by deleting the definition ''proper

officer''

(c)

wherever the termIappears in the Act;"


adding immediately after- section 9 the following

section:

9A .-(I) No person shall"power of

alter any item or revenuethe

source that may affect theMinister

local government authority or

authorities without

consultation with the Minister

*


responsible for local

government.

Notwithstanding(2)

sections 6, 7, 8 and 9(l)- of this

Act, the Minister may, after

consultation otherwith

regulationbystakeholders,

decide on the distribution of

amongrevenueofsources

various levels of councils."

Section I 0 of the principal Act is67.Amendmentof section 10 amended-

in subsection (3) by adding(a)

immediately after paragraph (e)

the following paragraph:

Such sum as the

afterMinister may

consultation thewith

"(f)


Minister responsible for

finance asdetermine

being the costs incurred

by the district council

on the provisions and

ofmaintenance

agriculture and

extensionlivestock.

services within the area

districtt heo f

authority.''

by deleting subsection (6).(b)


adding section 10A immediately after section 10

the following section:

Local Government Laws (Miscellaneous Amendments)109 No. 6 1999

10A -(I) There''Block grantsshall be paid annuallyto localto an urban authority bygovernmentway of block grantsauthorities

from the public revenue

of the United Republic

the following amounts,

for which payment

there shall be no further

authorization other than

this section such sum as

the Minister may after

consultation with the

minister responsible for

finance determine as

being the cost to be

incurred.by the urban

authority for

development and

http://incurred.by

1999Local Government Laws (Miscellaneous Amendments)No. 6Ito

maintenance of services

particularly education,

health, water, roads and

agriculture.

(2) There shall be

atopaid annuallydistrict council by way

of block grants from

the public revenue of

the United Republic the

following amount for

which payment there'

furtherbeshall

authorization other- than

this -section such sum as

the Minister May after

thewithconsultation

Minister responsible for

finance, determine as

Local Government Laws (Miscellaneous Amendments) 1999 IIINo. 6 .

costs tobeing be

incurred by the district

council in the provision

. of essential social

particularlyservice;

health,education,

androadswater,

agriculture.

Payment of(3)

grants underblock

subsections (1) and (2)

onefromvarymaylocal toauthority

another depending on

andgradesthe

standards as may be

by theprescribed

Minister.

1999Local Government Laws (Miscellaneous Amendments)I No. 6122

(4) The government

isitwheremay,satisfied athat

localparticular

authority has a weak

revenue base, pay to

that local authority an

grant toequalization

providetoitenable

maintain and develop

necessaryother

services within its area.

The Minister(5)

regulationbyshall,

theinpublishedthegazette, prescribe

theforcriteria

ofprovision

equalization grant.

No. 6 Local. Government Laws (Miscellaneous, Amendments) 1999 113


amended in item (iv) of paragraph (b) of

subsection (1) by deleting item and(IV)

substituting for it the following item

any tenement specifically exempted

by the council in writing except that the

Council shall in making the exemption

ensure that there are other sources of

revenue to compensate for the revenue of

exempted tenement and the

immediately

exemption is

Regionalreported to the

Commissioner and copied to the external

auditor''

Amendment 70. Section 21 of Principal Act isof section 21

amended-

"(V)

114 INo. 6 Local Government laws (Miscellaneous Amendments) 1999

(a) in subsection (1) by deleting the

subsection (1) and substituting for it

the following-

"( I ) Any person who

neglects, fails, or refuses to pay

any rate payable by him to a

local government authorityunder this Act, commits an

andoffence is liable onconviction to a fine notexceeding fifty thousand

shillings or to imprisonment

for a term not exceeding three

months unless he proves that

the apparent neglect, failure

or refusal, was due to provable

circumstances

control'';beyond his

No.6 Local Government Laws (Miscellaneous Amendments) 1999 115

in subsection (4) by deleting

the phrase ''one thousand'' and

substituting for it the words

''fifty thousand''

(b)

Section 22 of the principal Act is71.Amendmentof section 22 onewordsthedeleting 4 Cin byamended

thousand'' and substituting for them the words

''fifty thousand".

Section 23 of the principal Act is72.

amended in paragraph (b) by deleting the words

one thousand'' and substituting for them the

Amendment

of section 23

46

words ''fifty thousand''.

Section 25 of the Principal Act is73.Amendmentof section 2-5 amended-

in subsection (1) by deleting the(a)thousand'' andonewords 44


substituting for them the words ''fifty

thousand'';

in subsection (2) by deleting the(b)

''five hundred''words and


thousand'';

in subsection, (3) by deleting the(c)

''five hundred'' andwords


thousand''.

74. Subsection 27 of the principal Act isAmendmentof section 27

amended in paragraph (d) by deleting the words

"one thousand'' and substituting for them the

words ''fifty thousand''.

75. Section 28 of the principal Act isAmendmentof section 28 andamended by deleting subsection (1)

substituting for it the following subsection-

1999I Local Government Laws (Miscellaneous Amendments)No. 6 117

10 A Local government authority may,subject to the provisions of this Act,

(a) appoint a person or persons as

agents for the collection of

rates imposed by the authority

on the person or persons who

are not within its ofarea

jurisdiction; and

(b) enter into such agreement as it

may deem necessary with a

person or persons so appointed

as to the performance of the

functions

remuneration.

to hisand19

76. Section 33 of the principal Act isAmendmentof section 33

amended by deleting subsections (1), (2) and (3)

118 No. 6 Local Government Law Miscellaneous Amendments 1999Amendment 77. Section 34 Of the Principal Act isof section 34

amended-

(a) In subsection (1) by deletingthe term -proper officer'' andsubstituting for it the title''Minister'';

(b) by deleting subsections (2) and(3)

Amendment 78. Section 35 of the principal Act isOf section 35amended by deleting subsection (2) andsubstituting for it the following subsection:

"(2) A local government authority may

instead of providing any service which it is

authorized to provide make a financial

contribution or management to the serviceboard established under the localgovernment Acts, where the board is

providing the service or so that it may-

1999. 1119Local Government Laws (Miscellaneous Amendments)No. 6

provide the service within the area of that

local government authority''

Repeal of 79. The principal Act is amended bysection 37


following-

37 A local''Advances

government authorityand

may make advancesdeposits

and operate deposit and"suspense accounts.

80.amended by deleting the phrase ''with the prior

approval of the proper officer from time to -time''

which

Section 38 of the Principal Act isAmendmentof section 38,

appears in the second line of the section.

81.Repeal of The principal Act' is amended bysection 43

repealing section 43, and substituting for it the


following- ,64

Estimates 43.-(I) Every local

government -authority

shall, not less than twomonths before the

beginning of every

financial year, at a

meeting specially

convened for the

purpose, pass a detailed

budget (in this Act

called ''annual budget")

of the estimates of the

amounts respectively-

expected to(a)be received;

and

NO. 6 ... ILocal Government Laws (Miscellaneous Amendments) '1999 I 21

expected to(b) be

disbursed,

by the authority during the

financial year, -and whenever

circumstances so require, an

authority may pass a

supplementary budget in any

financial year.

(2) The chief executive

officer shall for the purpose

of obtaining advice regarding

national policies, programmes

and financial regulations,

arrange a meeting with the

Regional Secretariat at. any

time before the passing of the

councils' annual or

supplementary budget.


(3) The annual budget and

every supplementary budget

shall be in such form and

include such details as the

Minister may direct.

(4) Where a budget is, not

approved or disapproved by


authority before thecommencement of thefinancial year for which it is

prepared, the chief executive

officer

concernedof the authority

authorizemay

inexpenditure, accordancewith the budget up to fifteenpercent of its revenue for thepreceding year


(5) Where the local

government authority

approves the annual budget or

supplementary' budget as a

thewhole, budget as

approved shall be binding on


authority, which shall confine

its disbursement within the

items and amounts contained

in the applicable estimates as

approved..(6) Subject to the

provisions of any financial

memoranda relating to it, a

local authoritygovernmentmay by resolution-

(a) adjust expenditure

limits taketo

1,24 1999No 6 Local Government Laws (Miscellaneous Amendments)... ... ...

account of

circumstances not

reasonably

foreseable at the- time the budget

was prepared-,

(b) authorize theofexpenditure

money

appropriated forij

any one purpose in

an. approved

budget on any

other purpose

contained in the

budget.

Where a Local(7)

hasAuthorityGovernment

not, within three months of

1999 1.25No. 6

the beginning of the financial

year, approve its budget, the

takeMinister suchshall

action heasappropriate

considers necessary including

the power to direct that the

council shall not make any

hiswithoutexpenditure

approval.

Where at any time(8)

during the implementation of

the annual or supplementary

thetoappearsitbudgetlocalathatMinister

government authority is in

contravention of any national

orguidelinespolicies,takestandards, shallhe

appropriate tomeasures

Local Government laws (Miscellaneous Amendments)

126 Local Government Laws (Miscellaneous Amendments)No. 6 1999

ensure that these are complied

with and, for that purpose,

may issue directives 'for thethoseofimplementation

measures, and such directives

shall be binding on the local

government authority.''

The Principal Act is amended in82.Repeal ofsection 44 44repealing andsection44section by

substituting for it the following-44. The -Regional'Access to

Commissioner mayrecords

anyin writingauthorise

person to have access to the

records of an authority and a

person so authorized shall at

all reasonable times have

access to and be entitled to

of Local!

Government

authorities

...


inspect all books of

accounts and records of the

authority and may advise the

authority on the matters

contained in them and submit

a report to the Regional

Commissioner in connection

with the records''

Amendment Section 45 of the principal Act is83.of section 45 *amended in:-

(a) by deleting subsection (2) and

substituting for it the

following subsection:

The accounts, of a

township authority shallsuchbe audited by

auditor as may be

appointed in that behalf

"(2)


by the Minister, or by a

public officer or local

authority authorized by

the Minister.";

(b) by deleting subsection (3)and substituting for it thefollowing subsection:

''(3) The accounts of

a village council shall

be audited by such

public officer or.

organisations as the

district council or as

the case may urban

council may in writing

direct''.


amended by deleting the words ''two thousand''

Local Governments Laws (Miscellaneous Amendments)No. 6 1999 129

"'fiftyand substituting for them the words

thousand''.

PART V

AMENDMENT OF THE LOCAL

GOVERNMENT SERVICE ACT, 1982

85.-(I) This Part shall be read as one withConstructionA tNo.10 the Local Government Service Act in, this partof 1982

referred to as ''the principal Act.''This part shall come into operation(2)

on such dates as the Minister may, by notice in

the Gazette appoint subject to subsection (3).

(3) The Minister may in exercising the

powers under subsection (2) appoint different.



inas may be specified '., the notice.


The Principal Act is amended by86.Addition ofsection 20A

after section 20 theimmediatelyaddingfollowing section:

20A The MinisterC 6 code of

may by regulationsconductpublished' in the Gazette,

prescribe the code of conduct

for employees of the local

government authorities.


theafter section. 33immediatelyadding

following section:

33A.-(I) Notwithstanding -

the provisions of this Act,

every specified local

government authority may

subject to subsections (2) and

(3) appoint, remunerate,

Power to


Promote, develop, discipline

and dismiss its own

employees.

(2) The Minister shall, by

regulation published in the.

prescribeGazette theandprocedure manner in

which specified localgovernment authoritiesreferred to in subsection (1)

shall appoint remunerate,

promote-, develop, discipline

and dismiss

employeescategories of

as may be

prescribed by the Minister.

(3) The specified local

government authorities shall,

for all matters regardingemployment an&policies


scheme of service, be guided

governmentlocalthebycommissionservice

established under this Act''

PART VI

AMENDMENT OF LOCAL GOVERNMENT

NEGOTIATING MACHINERY ACT, 198288. This Part shall be read as one with Construction

Act No. I Ithe Local Government Negotiating Machinery of 1982Act, 1982, in this Part referred to as ''theprincipal Act.

Section 4 of the principal Act is Amendmentof section 4

89.

amended by deleting the definition ''trade union''

and substituting for it the following definition.

union'' any registeredmeans'''tradeworkers union whose members areemployees governmentof a localauthority.''

90. Section 5 of the principal Act is Amendmentof section 5amended by deleting the acronym ''OTTU'' and

wherever the acronym appears in the Act andsubstituting for it the phrase any LocalC 4

government workers union or unions as may bedetermined by the Minister".


PART VII

AMENDMENT OF THE REGIONAL

ADMINISTRATION ACT, 1997Construction 91. This Part shall be read as. one with -theAct No. 19

Regional Administration Act, 1997, in this Partof 1997referred to as ''the Principal Act.


amended in section 3 by deleting the definition

''Minister'' and substituting for it the following

definition:Minister'' means the Ministerresponsible for regional administration andlocal government. 15


amended in subsection (2) by deleting the word''Secretariat'' and substituting for it the word''Secretary''.

134 No. 6 1999Local Government Laws (Miscellaneous Amendments)

PART VIII

AMENDMENT OF THE URBAN

AUTHORITIES (RATING) ACT, 1983

This Part shall be read as oneConstruction 94. -(I)Act No. 2

with the Urban Authorities (Rating) Act. 1,983, in1983

this Part referred to as ''the Principal Act. 55

This part shall come into operation(2)

on such dates as the Minister may, by notice in

the Gazette appoint subject to subsection (3).

The Minister may in exercising the(3)

powers under subsection (2) appoint different




Section 2 of the principal Act is95.Amendmentsection 2

(2)subsection anddeletingamended by


No. 6 1999 135Local Government Laws (Miscellaneous, Amendments)

The council may exempt any part ofarea of its jurisdictionthe from the

application of all or any of the provisions

of this Act. 95

Amendment 96. Section 4 of the-Principal Act isof section 4

deletingamended by subsection and(1)

substituting for it the following:"(1) The local government authority of

the higher level shall subject to this Act

appoint a valuation surveyor who shall be

responsible for the preparation of a roll or

supplementary roll for all the rating

authorities within its area of jurisdiction.''

9.7. Section 5 of the principal Act is

amended in the last sentence of subsection (2) bywordsthe "two Andthousand''deleting

substituting for them the words ''fifty thousand".

137

"(2)



amended-

(a) in item (ix) by deleting of the item

and substituting for it the following:

'' (ix) such other property as

the urban authority mayprescribe''

(b) by deleting subsection (2).


amended by adding immediately after subsection(3) the following, subsection:

Notwithstanding subsections (1) and(3) of this section, the rating authority

may, where it deems it necessary ortheexpedient, require owner of the

rateable property to furnish the authority

with the value of the property.

138

"(4)

137 NO. 6 Local Government Laws (Miscellaneous Amendments) 1999

I00. Section 13 of the principal Act isAmendmentof section 13



"(3) A person who has lodged an

objection under subsection (1) may, at any

time before the date fixed for hearing by

the tribunal, withdraw his objection.

(4) The withdrawal of objection under

in theshall be madesubsection (3)

prescribed form. 15

101. Section 1-6 of the principal Act isAmendmentof section 16

anddeleting (2)amended subsectionby

substituting for it the following subsection:

''(2) The rates levied under this

section shall be distributed among

various levels of local government

authorities in accordance with the

regulations made by the Minister


under the provisions of the Local

Government Finances Act, 1982,Act No.9

regarding the distribution of sourcesof 1982

of revenue.

102. Section 23 of the principal Act isAmendmentof section 23 amended-

and(1)deleting subsection(a) by


23.(I) NotwithstandingC 4Exemption

any other provisions ofand

this Act, the ratingremission

authority may reduce orof rates

remit any rate levied on

any rateable property..

after(b) by immediatelyaddingsubsection (1) the following:

The rating authority"(2)

shall in making the remission

140

1999139 No. 6 Local Government Laws (Miscellaneous Amendments)

or reduction under subsection

(1) ensure that there are other

revenueofsources to

the revenuecompensate for

of remitted or reduced levy

and the remission or reduction

is reported to the Regional

Commissioner and copied to

the external auditor. ,) I

(c) in subsection (4) by deleting thethousand''words ''two and


thousand'';

(d) by renumbering subsections (2) as

(3), (3) as (4) and (4) as (5).Amendment 103. Section 26 of the principal Act isof section 26


upon the resolution of the rating authority in

that beha

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