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The Rural Area (2) This Ordinance shall come into operation on the first day of January, 1950, or
Cap. 75
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Contents
- Preamble
- Section 1 — (I) This Ordinance may be cited as the Rural Area
- Section 2 — In this Ordinance, unless the context otherwise requires-
- Section 6
- Section 7
- Section 8
- Section 9 — (1) The President of the Rural Area Council shall be the
- Section 10
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 18 — The Director of Public Works shall transmit to the Director of
- Section 19
- Section 20
- Section 21 — Every Valuation Roll deposited as aforesaid shall be in Valuation
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28
- Section 29 — Any person who-
- Section 30
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 36
- Section 37 — Every person who-
- Section 38
- Section 39
- Section 40
- Section 41
- Section 42
- Section 43
- Section 44
- Section 45
- Section 46
- Section 47 — No member of a local authority shall vote or take part Member
- Section 48
- Section 49 — (1) Proceedings may be instituted in the Supreme Court _Proceedings
- Section 50
- Section 51
- Section 52
- Section 53
- Section 54
- Section 55
- Section 56
- Section 57 — For the purpose of any audit under this Ordinance, the Power of
- Section 58
- Section 59
- Section 60
- Section 61 — (I) On or before the 31st day of August in each financial Village
- Section 62
- Section 63
- Section 64
- Section 65 — (I) It shall be the duty of the Rural Area Council-
- Section 66 — (I) The Governor in Council may by Order empower the
- Section 67 — (1) It shall be the duty of a rural district council-
- Section 68 — (1) It shall be the duty of village committee to-
- Section 69 — For the purpose of carrying out its functions under this
- Section 70
- Section 71
- Section 72
- Section 73
- Section 75
- Section 76
- Section 77
- Section 78
- Section 79 — (1) vVith respect to contracts made by the Rural Area
- Section 80
- Section 81
- Section 82
- Section 83
- Section 84 — All monies standing to the credit of the Rural Areas
- Section 85
- Section 86
- Section 87
- Section 88 — No payment shall be made out of the funds of the Rural
- Section 89
- Section 90
- Section 92
- Section 93
- Section 94
- Section 95
- Section 96
- Section 97
- Section 98
- Section 99
- Section 100
- Section 102
- Section 103
- Section 104
- Section 105
- Section 106
- Section 108
- Section 109 — Where it is shown to the satisfaction of the Assessment
- Section 110
- Section 111
- Section 112 — Notwithstanding anything in this Ordinance contained, ~xemption
- Section 113 — (1) The Village Improvement cess provided in the Village Im-
- Section 114
- Section 115
- Section 116
- Section 117
- Section 119
- Section 120
- Section 121
- Section 122
- Section 123 — If a person having the custody of any register or document in this Ordinance mentioned-
- Section 124
- Section 125
- Section 126
- Section 127
- Section 128 — (1) Where a local authority intend to apply to the
- Section 129 — In addition to all other powers conferred by this
- Section 130
- Section 132
- Section 133
- Section 134
- First Schedule
- Second Schedule.
- Third Schedule.
- Fourth Schedule.
11 of 1949.
17 of 1952.
31 of 1953.
22 of 1956.
22 of 1957.
P.N. 100 of
1958.
Short title.*
Commencement.
t
Interpretation.
CHAPTER 75.
RURAL AREA.
An Ordinance to make Further and Better Provision for Local
Government in the Rural Area of that part of the Colony
which includes the Freetown Police and Headquarters
Judicial Districts of the Colony.
[15TH FEBRUARY, 1950.]
PART I.-PRELIMINARY.
(2) This Ordinance shall come into operation on the first day
of January, 1950, or.on such later date or dates as the Governor
in Council may by Order appoint:
Provided that in any such Order the Governor in Council
may suspend the coming into operation of any of the provisions
of this Ordinance, and such provisions shall not take effect until
the Governor in Council shall by further Order so appoint.
" alien" means a person who is not a British subject nor
a British protected person nor a citizen of the Republic of
Ireland;
" annual value " means the amount at which the premises
can reasonably be expected to let in the open market in
average years;
" assessed annual value " means the annual value of any
premises as entered in the Valuation Roll for the time being
in force;
"appropriate rural district council" in respect of a particular village committee means the rural district council to
which it is subordinate;
" assessed premises " means any premises which appear in
the Valuation Roll for the time being in force;
*It should be noted that this is the Rural Area (in the singular) Ordinance. Some
sections mention the Rural Areas (in the plural) Ordinance. The latter is Ordinance 26
of 1937 (as subsequently amended) which was Chapter 208 in the 1946 Edition of the
Laws and which has now " ceased to have effect'' by virtue of section 133 of this Ordinance.
t 15th February, 1950 (P.N. No. 15 of 1950).
Rural Area [Cap. 75 705
--------------------------------------------------------------
"local authority" means the Rural Area Council, a rural
district council, or a village committee constituted under
section 4;
"occupier" means a tenant, sub-tenant, or any person in
the actual occupancy of any premises;
"owner" includes joint owner, lessee, tenant for life, and
any other person in the actual possession of or entitled to
receive the rents of premises of any tenure or description,
and the agent or attorney of such persons or any of them,
and any other person who has an interest in or draws the
rents;
" premises " means any land together with any building
thereon;
" President " means the President of the Rural Area
Council;
" proper member " means the member of a local authority
appointed to perform a particular duty or function by such
local authority;
"proper officer" means the person appointed to perform
a particular duty or function by a local authority; '
" Rural Area " means the area defined in section 3;
"street" includes any highway and any public bridge and
any road, lane, footway, square, court, alley and passage to
which the public have access whether a thoroughfare or not;
"Treasurer" means the Treasurer appointed by the Rural
Area Council under section 44.
PART H.-CoNSTITUTION AND GovERNMENT
oF THE RuRAL AREA.
3. {I) The area of the Colony included in- Constitution
of the Rural
(a) the Headquarters Judicial District as defined in the Area.
Courts Ordinance; and Cap. 7.
(b) the Police District of Freetown as defined in the Courts
Ordinance, excluding the portion thereof lying within the Cap. 7.
limits of the City of Freetown as defined in the Freetown
Municipality Ordinance Cap. 65.
is hereby constituted the Rural Area of the Colony, hereinafter
referred to as the Rural Area.
(2) The Rural Area shall be divided into the rural districts Division of
set out in the fourth column of the First Schedule hereto. ~~~~~~t~
. (3) Each rural district shall be divided into the corresponding
VIllage areas set out in the second column of the said Schedule.
rural districts
and village
areas.
Establishment of local
Incorporation
Composition
of Rural Area
(4) Each village area shall comprise the corresponding village
groups set out in the :first column of the said Schedule.
PART IlL-EsTABLISHMENT AND CoNSTITUTION
OF LocAL AuTHORITIES.
4. {l) There shall be established a council in and for the
Rural Area hereinafter referred to as the Rural Area Council
and a council in and for each rural district hereinafter referred
to as a rural district council.
{2) There shall be established a village committee in and for
each village area.
{3) The Rural Area Council, rural district councils and village
committees are hereby constituted local authorit~es with the
functions, powers, duties and liabilities as are hereinafter provided.
5. {l) The Rural Area Council shall be a body corporate by
name of the Rural Area Council of the Colony of Sierra Leone
and shall have perpetual succession and a common seal and may
sue and be sued in the corporate name and acquire and hold
such real and personal property as may be necessary or expedient for carrying into effect the provisions of this or any
other Ordinance applying thereto.
{2) Until such time as a common seal is provided for the
Rural Area Council the common seal of the Rural Areas Council
constituted under the Rural Areas Ordinance shall be and be
deemed to be the common seal of the Rural Area Council for
all purposes whatsoever.
{3) Every rural district council and village committee shall
be a body corporate by name of the rural district council or
village committee, as the case may be, with the addition of the
name of the rural district or village area as the case may be,
shall have perpetual succession and may sue and be sued in the
corporate name and acquire such real and personal property as
may be necessary or expedient for carrying into effect the provisions of this or any other Ordinance applying thereto.
(1) The Rural Area Council shall consist of twelve memberstwo of whom shall be elected to represent each rural district
of the Rural Area in accordance with the provisions of this
Ordinance by the registered voters of such rural district:
Provided that when a person who is not a member of the
Rural Area Council is elected to be President thereof, the Rural
Area Council shall consist of thirteen members including the
President.
(2) At the first meeting of the Council after the general
elections to be held as djrected by the Minister under section 24,
and thereafter annually, the Rural Area Council shall proceed
to elect one of their number or any person qualified to be
elected to a village area committee, to be President. The
President shall hold office for one year and shall then retire but
shall be eligible for re-election.
(1) A rural district council shall consist of twelve memberswho shall be elected by the registered voters of the village areas
comprised in that rural district in accordance with the provisions
of this Ordinance, the registered voters of each such village area
electing twice the number of members indicated for that village
area in the third column of the First Schedule.
(2) A rural district council shall elect from among its members
a Chairman.
Rural district
councils.
I5 of 1956.
(1) A village committee shall consist of six members each Villag~f h h ll b I d . d . h h . . f committees.
o w om s a e e ecte m accor ance Wit t e provisiOns o r f I9 _6
this Ordinance to represent the village area concerned by the o
o ·
registered voters in such village area.
(2) Each village committee shall elect from among its
members a Chairman.
Chairman thereof and shall by virtue of his office be a Justice
of the Peace for the Headquarters Judicial District and the
Police District of Freetown.
(2) The chairman of a local authority shall hold office until
the happening of any one of the following events, that is to
say--
(a) he resigns from the office of chairman; or
(b) a general election is held.
(3) The chairman of a local authority shall be the chief
executive authority of such local authority.
(4) The chairman of a local authority (other than a President
appointed by the Governor) may resign his office at any time
by notice in writing addressed to the local authority. Such
notice may not be withdrawn without the consent of t.he local
President to
be Chairman
of Rural Area
Council and a
Justice.
3I of I953.
I5 of I956.
of deputies.
The chairman of a local authority may from time totime appoint any member of such local authority to act as
deputy president or deputy chairman, as the case rna y be, in
the event of and during the illness or absence from duty of the
chairman.
(2) The chairman may terminate any such appointment at
any time in like manner.
(3) Any such appointment or the termination thereof shall
be recorded in the minutes of the local authority.
(4) A deputy, appointed under this section, may while acting
as such, do all acts which the person for whom he is acting,
might do provided that a deputy president shall not by virtue
of his office act as a Justice.
Qualifications 11. (1) Subject to the provision of sub-section (2) of this
f::tmbers of section, a person shall be qualified for election as a member of
authority. a local authority if he-
22 of 1957· (a) is entitled to be registered as a voter under this
Disqualification for
membership
of Council.
22 of 1957.
Ordinance and his name is on the Register of Voters for any
village area of that local authority; and
(b) except in the case of a village committee, is literate in
the English language.
(2) Notwithstanding the provisions of sub-section (1) of this
section, a person shall be disqualified for election as a member
of a local authority and if a member his seat shall become
vacant-
(a) if he is an alien; or
(b) if and while he holds any office or place of profit in the
gift or disposal of the local authority save as provided in
sections 86, 91 and 94; or
(c) if he is under sentence of death or is serving, or has
within the immediately preceding five years completed the
serving of, a sentence of imprisonment (including a sentence
of preventive detention or corrective training) without the
option of a fine, of or exceeding twelve months imposed by a
court in Sierra Leone for any felony or for any offence
involving dishonesty and has not received a free pardon; or
(d) if he is a lunatic so found under the laws for the time
being in force in Sierra Leone; or
(e) if and while he has, directly or indirectly, by himself or
a partner any share or interest in any contract or employment
with, by or on behalf of the local authority, and has not
(i) if he is a candidate for election, published within one
one month before the day of election in some newspaper
circulating in the Colony a notice setting out the nature of
his share or interest in such contract or employment; or
(ii) if he is a member of a local authority, as soon as
possible disclosed that interest to that local authority; or
{f) if he is disqualified from membership of a local authority
under any law for the time being in force in Sierra Leone
relating to offence connected with elections:
Provided that a person shall not be disqualified by reason
of his being interested in-
(i) any sale, purchase or lease of land to or from the local
authority; or
(ii) any newspaper in which any notice or advertisement
relating to the affairs of the local authority is inserted; or
(iii) any agreement with the local authority for the loan
of money, or any security for the payment of money by
the local authority; or
(iv) any company which contracts with the local
authority for lighting or supplying water, or insuring
against fire any property of the local authority; or
(v) any company incorporated by, or under, an Act of
Parliament, Ordinance or Royal Charter.
{3) The seat of a member of a local authority shall also
become vacant-
(a) upon his death; or
(b) if by writing addressed to the Chairman of the local
authority, he resigns his seat in the local authority; or
(c) if without leave of the Chairman, he is absent for a
period of six consecutive months from the meetings of the
local authority; or
(d) if he ceases to be qualified under sub-section (I) of this
section.
(4) When the seat of a member of a local authority becomes
vacant the President of the Rural Area Council shall forthwith
declare the seat of such member to be vacant, and shall forthwith notify the Minister and such member, if practicable, of
such declaration of vacancy:
Provided that a member whose seat shall have been declared
vacant under this sub-section may, within fourteen days after
the date of being notified of such declaration, apply to a Judge
When
member's
seat to
become
vacant.
Filling of
casual
vacancies.
Defaulting
in Chambers to have such declaration set aside. Notice of the
intention to make such application and the grounds thereof shall
be given to the President of the Rural Area Council within seven
days after such declaration. The Order of the Judge in
Chambers as to the disaualification or otherwise of the member
shall be final and concl~sive.
(I) Whenever a casual vacancy has occurred among themembers of a local authority a fresh election shall be held in
accordance with the provisions of this Ordinance to fill such
vacancy on such date as the President of the Rural Area
Council may declare:
Provided that, if the vacancy occurs within a period of less
than six months before the third anniversary of the date on
which the last general election was held in that local authority,
the vacancy shall not be filled.
(2) A person elected under this section to fill a casual vacancy
shall hold office, subject to the other provisions of this Ordinance,
until the first appointed date for the next general election held
in that local authority under the provisions of this Ordinance.
(I) If at any time the Rural Area Council is of opinionthat a local authority is no longer exercising any of its powers
a11d performing any of its duties under this Ordinance in a
manner conducive to the welfare of the Rural Area, the Rural
Area Council may, by resolution recorded in the minutes-
(a) where the defaulting local authority is a village committee, authorise the rural district council to which such
village committee is subordinate to exercise such powers or
perform such duty in place of such village committee for such
period as to the Rural Area Council may seem fit; and
(b) where the defaulting local authority is a rural district
council, undertake the exercise of such power or the performance of such duty in place of such rural district council
for such period as to the Rural Area Council may seem fit,
and the defaulting local authority shall forthwith cease to
exercise and perform such powers and duties accordingly.
(2) A resolution passed under this section may provide for
the reimbursement by the defaulting local authority of the local
authority exercising the power or performing the duty as the
case may be of such amount as the Rural Area Council may deem
fit.
(3) A resolution passed under this section may be varied,
amended or revoked at any time by a subsequent resolution.
(4) Any local authority in respect of whom a resolution is
passed under this section may appeal to the Governor in Council
whose decision thereon shall be final.
If at any time the Governor in Council is of opinion thatthe Rural Area Council is no longer exercising its powers and performing its duties under this Ordinance in a manner conducive to
Governor in
the welfare of the Rural Area, he shall issue a commission of
inquiry in accordance with the provisions of the Commissions Cap. 54.
of Inquiry Ordinance, appointing commissioners, one of whom
shall possess legal qualifications, and after receiving the report
of the commissioners on the matter, may appoint a committee
of management to exercise during the continuance of such
appointment all or any specified duties of the council and the
council shall forthwith cease to exercise and perform such
powers and duties accordingly.
(1) Every village group set forth in the first column of :m~gethe First Schedule hereto may elect a headman who shall ea man.
exercise within such village group such functions not inconsistent with the provisions of this Ordinance as the village
committee may authorise.
(2) A village headman shall be elected on the 1st day of
November in each year and shall hold office for one year:
Provided that where a vacancy occurs before the expiry
of the term of office of any headman the village committee may
appoint an acting headman to hold office until such expiry.
(3) A village headman shall be elected in the manner that
was customary under the Headmen Ordinance, 1924.
(4) The electors shall be the persons resident in the village
group, whose names are enrolled in the Voters List of the village
area within which the village group lies.
(5) Any dispute arising out of an election under this section
shall be determined by the village committee, from whose
decision there shall be an appeal to the Rural Area Council
whose decision thereon shall be final.
PART IV.-VALUATION OF PREMISES.
There shall be liable to be assessed in accordance with Assessm.entt~e provisions of this Part all premises having buildings thereon of premiSes.
(Including premises owned by or in the occupation of the Rural
Area Council) within the boundaries of the Rural Area, except-
712 Cap. 75] Rural Area
(a) any church, chapel, mosque, meeting-house or other
premises, or any part thereof, exclusively used for public
religious worship ;
(b) premises used exclusively as a hospital and not so used
for purposes of gain;
(c) premises used principally as a university, college,
school or Sunday school and not so used for purposes of gain;
(d) burial grounds and crematoria;
(e) premises declared by a resolution of the Rural Area
Council with the approval of the Governor in Council to be
exempted from assessment.
Afp~intmen~ 17. (I) The Rural Area Council shall as soon as may be after
~s;:;:re~~n the coming into operation of this Ordinance and thereafter in
Committee. the month of November in every year appoint one or more
17 of 1952· competent persons to be called valuers at such remuneration,
to be paid from the revenue of the Rural Area Council, as it
rna y think fit.
(2) There shall be an Assessment Committee consisting of
the President and members of the Rural Area Council and one
additional member appointed as provided in sub-section (3).
(3) Whenever the Assessment Committee is considering the
valuation of any premises situated in any rural district the rural
district council thereof may appoint any person to be an additional member of the Assessment Committee, and such person
shall be deemed to be a member of the Assessment Committee
for all purposes.
(4) The President, or in his absence a deputy president
appointed by him under section 10, shall be the Chairman of
the Assessment Committee.
(5) The Assessment Committee shall be deemed to be properly
constituted whenever the Chairman and three other members
are present at a duly convened meeting thereof.
(6) Valuation Lists showing the assessed annual value of all
premises assessable under section 16 shall be prepared by the
valuers and approved by the Assessment Committee in accordance with the provisions contained in Part I of the Second
Schedule hereto.
Rural Area [Cap. 75 713
Public Works
President, for the information of the valuers, the particulars to transmit
contained in any notices given to the Director of Public Works particulars
given under
in pursuance of section 14 or section 19 of the Freetown Improve- sections 14
ment Ordinance, in relation to any premises situate within an ~nd 1~
6 of
urban area so declared under the Freetown Improvement c:~: n:
(Extension) Ordinance.
(1) The first Valuation Roll prepared under the provisionsof this Ordinance shall be deposited at the Office of the Rural
Area Council on or before a day to be appointed by the Rural
Area Council and thereafter a Valuation Roll shall be deposited
thereat on or before the 1st day of August in every year. Any
person owning or in the occupation of or interested in any
assessable premises shall be entitled to inspect the Valuation
Roll and to take copies thereof and extracts therefrom free of
charge.
(2) The President shall forthwith publish a notice of the
deposit of the Valuation Roll.
Deposit of
Roll.
Ob]. ections to and amendments of any Valuation List Objections toshall be determined and made in accordance with the provisions List.
of Part I of the Second Schedule hereto.
£ ·1 h V 1 · R 11 · b t• · £ h Rolltosubsistorce unt1 t e new a uatwn o m su s 1tutwn or t e same until deposit
be deposited. of new roll.
PART V.-REGISTRATION OF VoTERS.
(1) Subject to the provisions of sub-section (3) of thissection, every person whether male or female shall be entitled
to be registered as a voter for any one village area of a local
authority and when registered to vote at the election of a
member for that local authority, who-
(a) has attained the age of twenty-one years; and either
(b) (i) has been ordinarily resident in that village area
during the whole of the six months immediately preceding
the date of registration, and
(ii) is in receipt of a yearly income of at least sixty pounds;
or
(c) is and has been for the six months immediately preceding the date of registration, the owner or occupier (jointly or
severally) of any house, warehouse, counting house, shop,
store or other building (in this Ordinance referred to as
Qualifications
of voters.
22 of 1956.
Appoin·Gment
of Registration Officers
and Revising
Officers.
of Assistant
Registration
Officers.
qualifying property) in the village area of which the annual
assessed value is not less than two pounds (provided that
where any persons are shown to be joint occupiers of any
qualifying property, the names of such persons shall only be
placed on the list of registered voters if the annual assessed
value of such qualifying property, divided by the number of
joint occupiers, is not less than two pounds).
(2) Both an owner and an occupier and both a husband and
a wife may qualify in respect of the same property.
(3) Notwithstanding the previous provisions of this section,
no person shall be registered as a voter or, having been registered,
shall be entitled to vote at the election of a member of a local
authority-
(a) if he is an alien; or
(b) if he is a lunatic so found under the laws for the time
being in force in Sierra Leone; or
(c) if he is disqualified from being registered as a voter or
voting under any law for the time being in force in Sierra
Leone relating to offences connected with elections; or
(d) if he is serving a sentence of imprisonment.
(I) The Minister may from time to time and as often ashe may deem necessary appoint fit and proper persons to be
Registration Officers and Revising Officers to prepare and publish, or to revise, as the case may be, registers of voters in the
manner prescribed by regulations made under this Ordinance.
(2) Registration Officers and Revising Officers shall comply
with any general or special directions not inconsistent with this
Ordinance or the regulations made thereunder which may be
given by the Minister with respect to the arrangements to be
made by such officers for carrying out their registration and
revision duties under this Ordinance.
(3) Registration Officers may with the approval of the
Minister appoint fit and proper persons to be Assistant Registration Officers to assist them in the preparation of the register of
voters in accordance with regulations made under this Ordinance.
(4) Subject to the authority direction and control of the
Registration Officer, an Assistant Registration Officer shall
have all the powers and may perform any of the duties of a
Registration Officer under this Ordinance.
(I) On such date or dates after the coming into operationof this section as the Minister may by Order declare, there shall
be held a general election of the members of each local authority
in accordance with the provisions of this Ordinance.
(2) On such date or dates in every third year after the general
election held under the provisions of sub-section( I) of this
section as the Minister may by Order declare there shall be
held a general election of the members of each local authority
in accordance with the provisions of this Ordinance.
(3) The Minister may declare different dates for different local
authorities for the holding of general elections.
General
elections to
be held every
third year.*
Sub]. ect to the provisions of this Ordinance, the Governor Regulationsas to
in Council after consultation with the Rural Area Council may elections.
make regulations for the election of members of a local authority 15 of 1956.
including, without prejudice to the generality of the foregoing
power, the following matters, that is to say-
(a) the registration of voters and the revision of the
registers of voters;
(b) the ascertainment of the qualifications of voters and
of candidates for election;
(c) the method of nominating candidates;
(d) the holding of elections and the method of voting; and
(e) election petitions.
Subject to the other provisions of this Ordinance, thepersons who are serving as members of a local authority when
this section comes into force shall hold their seats until the first
appointed date for the next general election held in the area of
that local authority under the provisions of this Ordinance and
shall then retire, unless their seats sooner become vacant.
Every election not called in question within fifteen daysafter the publication of the result thereof in the Gazette shall be
deemed to have been to all intents a good and valid election.
PART VII.-ELECTION OFFENCES.
Tenure of
office of
members.
Election valid
unless
questioned
within fifteen
days of
publication
of result.
17 of 1952,
(1) Any person who attempts to prevent, obstruct or Preven~iond . b l · b 1' • 1 h h ll b ., of electw•11stur any e ectwn y 10rce, v10 ence or t reats s a e guuty by force:
of an offence and liable, on conviction, to imprisonment, with
or without hard labour, for a period not exceeding two years.
* The first general elections under the provisions of this section were held on the
following dates in 1957, Rural Area Council on 19th November, Rural District Council
on 26th November and Village Area Committee on 3rd December. (P.N. 172 of 1957.)
Interference
with lawful
public
meeting to
be an illegal
practice.
Offences in
respect of
nomination
papers, etc.
Penalty for
false answer.
(2) Any person who, at a lawful public meeting held in
connection with the election of any person to a local authority,
between the date of publication of the notice appointing a day
for the holding of an election under regulations made under
section 25 of this Ordinance and the date on which the result
of the election is published, acts or incites others to act in a
disorderly manner for the purpose of preventing the transaction
of the business for which the meeting was called together shall
be guilty of an illegal practice and shall be liable, on summary
conviction, to a fine not exceeding fifty pounds or to imprisonment, with or without hard labour, for a period not exceeding
six months, and shall be incapable, during a period of five years
from the date of his conviction, of voting at any election of a
member of a local authority.
(a) forges or fraudulently defaces or fraudulently destroys
any nomination paper, or delivers to any person or authority
to whom nomination papers are required, under the provisions
of any regulations made under section 25 of this Ordinance,
to be delivered, any nomination paper knowing the same to
be forged; or
(b) forges or counterfeits or fraudulently destroys any
ballot paper or the official mark on any ballot paper; or
(c) without due authority, supplies any ballot paper to any
person; or
(d) fraudulently puts into any ballot box any paper other
~han the ballot paper which he is authorised by law to put
m; or
(e) fraudulently takes out of any place of voting or place
of election any ballot paper; or
{f) without due authority destroys, takes, opens, or otherwise interferes with any ballot box or packet of bal1ot papers
then in use for the purposes of the election;
shall be guilty of an offence and liable, on summary conviction,
to a fine not exceeding fifty pounds or to imprisonment, with or
without hard labour, for a period not exceeding six months or
to both such fine and imprisonment. Any attempt to commit
an offence specified in this section shall be punishable in the
manner in which the offence itself is punishable.
Any person who makes a false answer to any questionlawfully put to him in pursuance of the provisions of any
regulations made under section 25 of this Ordinance knowing it
to be false or not believing it to be true shall be guilty of an
offence and liable, on summary conviction, to a fine not exceeding fifty pounds or to imprisonment, with or without hard
labour, for a period not exceeding six months or to both such
fine and imprisonment.
Any person who, being an officer charged with the Falsificatirmof return at
counting of votes or the making of a return at any election, election.
wilfully falsifies the account of such votes or makes a false
return shall be guilty of an offence and liable, on conviction, to
imprisonment, with or without hard labour, for a period not
exceeding five years.
Any person who at an election held under this Ordinanceknowingly votes or attempts to vote in the name of some other
person, whether that name be that of a person living or dead or
of a fictitious person, or who, having voted once at any such
election votes or attempts to vote at the same election in his
own name shall be guilty of the offence of personation, and every
person so guilty or who is guilty of the offence of aiding, abetting, counselling or procuring the said offence, shall be liable,
on summary conviction, to imprisonment, with or without
hard labour, for a period not exceeding six months.
(I) Any person who corruptly by himself or by any otherperson, either before, during or after an election held under this
Ordinance, directly or indirectly gives or provides, or pays
wholly or in part the expense of giving or providing any meat,
drink, entertainment or provision to or for any person, for the
purpose of corruptly influencing that person, or any other
person to give or refrain from giving his vote at such election
or on account of such person or any other person having voted
or refrained from voting or being about to vote or refrain from
voting, at such election, shall be guilty of the offence of treating
and shall be liable, on summary conviction, to a fine not
exceeding twenty-five pounds.
(2) Every voter who corruptly accepts or takes any such
meat, drink, entertainment or provision shall also be guilty of
the offence of treating and shall be liable, on summary conviction, to the penalty specified in the preceding sub-section.
Every person who, directly or indirectly, by himself orby any other person on his behalf, makes use of or threatens to
make use of any force, violence or restraint, or inflicts or
threatens to inflict, by himself or any other person, any temporal
S.L.-VoL. II-11
Personation.
Treating.
Undue
influence.
Bribery.
or spiritual injury, damage, harm or loss upon or against any
person in order to induce or compel such person to vote or refrain
from voting, or on account of such person having voted or
refrained from voting at any election held under this Ordinance,
or who by abduction, duress or any fraudulent device or
contrivance impedes or prevents the free exercise of the franchise
of any voter or thereby compels, induces or prevails upon any
voter, either to give or refrain from giving his vote at any such
election, shall be guilty of the offence of undue influence and
shall be liable, on summary conviction, to a fine not exceeding
twenty-five pounds.
(I) The following persons shall be deemed guilty of theoffence of bribery and shall be liable, on summary conviction,
to a fine not exceeding twenty-five pounds-
(a) every person who, directly or indirectly, by himself or
by any other person on his behalf, gives, lends, agrees to give
or lend, offers, promises or promises to procure or to endeavour
to procure, any money or valuable consideration to or for any
voter, or to or for any person on behalf of any voter or to or
for any other person in order to induce any voter to vote or
refrain from voting, or corruptly does any such act as aforesaid on account of such voter having voted or refrained from
voting at any election under this Ordinance;
(b) every person who, directly or indirectly, by himself or
by any other person on his behalf, gives, procures, agrees to
give or procure, offers, promises or promises to procure or to
endeavour to procure, any office, place or employment, to
or for any voter, or to or for any person on behalf of any
voter, or to or for any other person, in order to induce such
voter to vote or refrain from voting, or corruptly does any
such act as aforesaid on account of any voter having voted
or refrained from voting at any election under this Ordinance;
(c) every person who, directly or indirectly, by himself or
by any other person on his behalf, makes any such gift, loan,
offer, promise, procurement or agreement as aforesaid to or
for any person in order to induce such person to procure or
endeavour to procure the return of any person as a member
of a local authority or the vote of any voter at any election
under this Ordinance;
(d) every person who, upon or in consequence of any such
gift, loan, offer, promise, procurement or agreement, procures
or engages, promises or endeavours to procure, the return of
any person as a member of a local authority, or the vote of
any voter at any election under this Ordinance;
(e) every person who advances or pays or causes to be paid
any money to or for the use of any other person, with the
intent, that such money or any part thereof shall be expended
in bribery at any election under this Ordinance or who shall
knowingly pay or cause to be paid any money to any person
in discharge or repayment of any money wholly or in part
expended in bribery at any such election:
Provided always that the provisions of this section shall not
extend or be construed to extend to any money paid or agreed
to be paid for or on account of any legal expenses bona fide
incurred at or concerning any election.
(2) The following persons shall also be deemed guilty of the
offence of bribery and shall be liable, on summary conviction, to
the penalty specified in the preceding sub-section-
(a) every voter, who before or during any election under
this Ordinance, directly or indirectly, by himself or by any
other person on his behalf, receives, agrees or contracts for
any money, gift, loan, valuable consideration, office, place or
employment, for himself or for any other person, for voting
or agreeing to vote or for refraining or agreeing to refrain
from voting at any such election;
(b) every person who, after any election under this
Ordinance directly or indirectly, by himself or by any other
person on his behalf, receives any money, gift, loan, valuable
consideration, office, place or employment for himself or for
any other person, on account of any person having voted or
refrained from voting or having induced any other person to
vote or refrain from voting at any such election.
Every person, who is convicted of personation, treating,undue influence or bribery, or of aiding, counselling or procuring
the commission of the offence of personation, shall, in addition
to any other punishment, be incapable during a period of
seven years from the date of his conviction-
(a) of being registered as a voter or voting at any election
of a member of a local authority;
(b) of being elected a member of a local authority or, if
elected before his conviction, of retaining his seat as a member
of a local authority.
(a) votes, or induces or procures any person to vote at
any election under this Ordinance, knowing that he or such
S.L.-VOL. II-11*
Disqualification for
personation,
etc.
Penalty for
certain
illegal
practioes.
Fraudulent
transfers of
property.
Infringement
of secrecy.
other person is prohibited by this Ordinance or by any other
law from voting at such election;
(b) before or during an election under this Ordinance
knowingly publishes a false statement of the withdrawal of
a candidate at such election for the purpose of promoting or
procuring the election of another candidate;
shall be guilty of an illegal practice and shall be liable, on
summary conviction, to a fine not exceeding fifty pounds and
be incapable during a period of five years from the date of his
conviction, of being registered as a voter or voting at any
election of a member of a local authority.
(I) Every conveyance or transfer of property whatsoeverto any person in any fraudulent or collusive manner for the
purpose of qualifying him to become a member of a local
authority or a voter under this Ordinance shall be deemed and
taken as against the parties thereto to be valid and absolute,
and every bond, covenant, collateral or other security, contract
or agreement, between or with such parties, or any of them, for
a reconveyance or transfer or for the revoking, annulling, defeating or otherwise doing away with the effect of such conveyance
or transfer, shall be null and void to all intents and purposes
whatsoever.
(2) Every party to a conveyance or transfer of property of
the nature described in the preceding sub-section and every
person, who, by colour thereof or by means thereof, shall give
any vote at any election under this Ordinance or sit in a local
authority, shall be guilty of an offence and liable, on summary
conviction, to a fine not exceeding fifty pounds, and, if a member
of a local authority, his seat shall forthwith become vacant.
(1) Every officer, clerk and agent at a polling place shallmaintain, and aid in maintaining, the secrecy of the voting in
such place and shall not communicate, except for some purpose
authorised by law, before the poll is closed, to any person any
information as to the name or number on the register of voters
of any voter who has or has not voted at that place, or as to the
official mark.
(2) No such officer, clerk, agent or other person whosoever
shall interfere with or attempt to interfere with a voter when
making his vote or communicate at any time to any person any
information obtained in a polling place as to the candidate for
whom any voter in such place is about to vote or has voted.
(3) Every officer, clerk and agent in attendance at the counting of the votes shall maintain and aid in maintaining the
secrecy of the voting, and shall not attempt to obtain at such
counting any information as to the voter by whom any vote is
given and shall not communicate to any other person any
information obtained at such counting.
(4) Every person who acts in contravention of the provisions
of this section shall be guilty of an offence and liable, on summary conviction, to imprisonment, with or without hard
labour, for a period not exceeding six months.
In any prosecution for an offence in relation to thenomination papers, marking instruments and other things in
use at an election, the property in such papers, instruments
and things, as well as the counterfoils, may be stated to be
vested in the Chairman of the local authority.
PART VIII.-ELECTION PETITIONS.
A petition complaining of an undue return or undueelection of a member of a local authority (in this Ordinance
called an "election petition") may, at any time within fifteen
days of the publication of the result of such election in the
Gazette, be presented to the Supreme Court by any one or more
of the following persons, that is to say-
(a) some person who voted or had a right to vote at the
election to which the petition relates; or
(b) some person who claims to have had a right to be
returned or elected at such election; or
(c) some person who alleges himself to have been a candidate at such election.
Property of
election
material
vested in
Chairman
Presentation
of election
petition.
(1) Every election petition shall be tried by a Judge of Trial. ofth S C t · C t electiOn
e upreme our m open our . petition.
(2) At the conclusion of the trial, the Judge shall determine
whether the member of the local authority whose return or
election is complained of, or any other and what person was
duly returned or elected, or whether the election was void, and
shall certify such determination to the Minister and a copy of
such certificate shall be sent by the Registrar of the Court to
the Clerk of the local authority, and upon such certificate being
given, such determination shall be final; and the return shall be
confirmed or altered, or a new election shall be held, as the case
may require, in accordance with such certificate.
P.N. 97 of
1951.
*
Corrupt
practice.
Standing
Orders.
(3) The Minister shall declare, by notification in the Gazette,
whether the candidate whose return or election is questioned
or any or wktt other person, is duly returned or elected, or
whether the election is void.
(4) If the election is declared void, the Minister shall by
Order appoint another date for the election of a member of the
local authority concerned.
(5) The House of Representatives Election Petition Rules
shall apply, mutatis mutandis, to election petitions presented to
the Supreme Court under section 41 of this Ordinance:
Provided that the security for costs to be given by the
petitioner shall be to such amount not exceeding seventy-five
pounds as the Supreme Court on summons may direct and shall
be given either by a deposit of money or by recognisance
entered into by not more than four sureties or partly in one
way and partly in the other.
(1) No election shall be valid if any corrupt practice iscommitted in connection therewith by the candidate elected.
(2) A corrupt practice shall be deemed to be committed by a
candidate if it is committed with his knowledge and consent, or
by a person who is acting under the general or special authority
of such candidate with reference to the election.
(3) The expression "corrupt practice" means any of the
following offences, namely, personation, treating, undue influence or bribery.
PART IX.-MEETINGS oF LocAL AuTHORITIES.
(1) The Rural Area Council may from time to time make,amend or revoke Standing Orders not inconsistent with the
provisions of this Ordinance to regulate the proceedings of local
(2) Until varied or revoked by Standing Orders made under
sub-section (1), the Standing Orders contained in Part IV of
the Second Schedule hereto shall be in force.
(3) The Standing Orders for the time being in force shall at
all times be followed and observed, and shall be binding upon
a local authority in so far as they apply to such local authority.
*These Rules are printed in the Volume containing the subsidiary legislation of
Chapter 7, and all Rules of Court.
Rural Area [Cap. 75 723
The minutes of any meeting of a local authority or of Minut.~s ofany committee of a local authority purporting to have been ;~~~~
facie
approved by the local authority or committee and signed by the evidence.
presiding member shall be prima facie evidence of the matters
referred to therein and shall be received in evidence without
further proof.
No act or proceeding of a local authority or of a committee shall be questioned on account of any vacancy in theirbody or on the ground that a member to be elected or nominated
has not been elected or nominated.
Acts of local
authority
valid despite
vacancies.
· h d" · f b .!! h 1 1 h · interested
m t e Iscusswn o any matter e1ore sue oca aut onty or not to take
a committee in which he has directly or indirectly by himself, part in .
h. "f · · · h" h proceedmgs
IS WI e, or partner any pecumary mterest, or m w IC a com- · ·
pany of which he is a shareholder has any such pecuniary
interest; and no member of the local authority shall receive any
salary or shall, save with the approval of the Governor, exact
or accept any fee or reward whatsoever for on account of
anything done or to be done by him by virtue of this Ordinance,
or on any account whatsoever relating to this Ordinance:
Provided that nothing in this section shall be deemed to
debar a President appointed by the Governor from receiving his
salary as an officer in the public service.
Where any officer or member of a local authority hasdirectly or indirectly by himself, his wife or partner any interest
in any contract or offer to contract which is under consideration
by the local authority such member shall disclose his interest
therein to the local authority.
Disclosure
of interest.
· t t" b f 1 1 th "t m respect ofagams any person ac mg as a mem er o a oca au on y on qualification.
the ground of his being disqualified under this Ordinance from 15 of 1956.
so acting, by any person who is a registered voter within the
area of that local authority:
Provided that proceedings under this section shall not be
instituted after the expiration of six months from the date on
which he so acted.
(2) '\Vhere in proceedings under this section it is proved that
the defendant has acted as a member of a local authority,
while disqualified from so acting, then the Court shall have all
or any of the following powersof officers.
Responsibility for
records.
Bailiff.
Security.
Account.
(a) to make a declaration to that effect and to declare that
the seat of the defendant in the local authority is vacant;
(b) to grant an injunction restraining the defendant from
so acting;
(c) to order that the defendant shall forfeit to Her Majesty
such sum as the Court rna y think fit, not exceeding fifty
pounds for each occasion on which he so acted while disqualified.
PART X.-OFFICERS OF LocAL AuTHORITIES AND AccouNTS.
(l) The Rural Area Council may from time to timeappoint a Treasurer, a Rural Area Bailiff, bailiffs and such other
officers as it may deem necessary and may at any time in its
discretion terminate such appointments, subject to the terms
of any contract of employment.
(2) A rural district council or a village committee with the
approval of the Rural Area Council may from time to time
appoint such officers as it may deem necessary and may with the
like approval at any time in its discretion terminate such appointments subject to the terms of any contract of employment.
The chairman or such other member or officer appointedin that behalf shall have the charge and custody of and be
responsible for all books, deeds, records and other documents
and these shall be kept as the local authority may direct.
(1) The Rural Area Bailiff, whilst in the performanceor execution of the duties of his office, shall have the like powers,
privileges and immunities as the Sheriff of the Colony.
(2) Every bailiff duly appointed may serve or execute any
process which by this Ordinance or any other Ordinance is
directed to be served or executed by the Rural Area Bailiff.
A local authority may require a member or an officer togive such security as it may think proper for the due execution
of such member's or officer's duties:
Provided that this section shall, in relation to a member of a
local authority, apply only where such member has charge of
funds or the property of the local authority.
Every member or officer of a local authority shall atsuch times and in such manner as the local authority may direct
deliver to the local authority a true account in writing of all
matters committed to his charge, and of his receipts and
payments, with vouchers and a list of persons from whom
money is due in connection with his office, showing the amount
due from each person; and every such member or officer shall pay
all money due from him to the proper member or officer.
The Governor may, subject to such conditions as he mayimpose, approve of the appointment of any officer in the service
of the Government of Sierra Leone to any office under a local
authority:
Provided that, as respects pension and other rights as an
officer of the Government, such officer shall be deemed to be in
the service of the Government whilst so employed:
Provided further that, whenever any pension, gratuity, or
retiring allowance, is granted to any such officer, the local
authority shall, if so required, pay to the Government an annual
or lump sum, as the case may be, which shall bear the same
proportion to such pension, gratuity, or retiring allowance as
the period during which such officer has been in the employment
of the local authority bears to his total pensionable service under
the Government.
(1) A local authority shall cause to be kept true accountsin accordance with such instructions as the Minister may issue
from time to time. Such accounts together with all books,
vouchers and papers relating thereto, and together with a
balance sheet, shall be laid not later than the 31st day of
January in each year before an Auditor appointed by the
Governor. The Auditor shall make and sign a report on such
accounts and balance sheet; and a duplicate copy of such report
shall be sent to the Minister, who shall cause a copy of the
balance sheet and Auditor's report to be published in the
Gazette.
(2) The local authority shall permit the Auditor to check any
cash in its possession and to have access to its accounts and all
books, vouchers and papers relating thereto at any time during
the usual office hours.
(3) The original balance sheet and the accounts in full and the
Auditor's report thereon shall be open to inspection at the office
of the local authority during office hours by any person whose
name appears upon the Voters List on payment of a fee of one
shilling.
of Government officer
to an office
under the
Accounts and
audit.
Auditor may by summons in writing require the production ~~gi;~; to
before him of all books, deeds, contracts, accounts, vouchers, books, etc.
Power of
auditor to
surcharge
illegal
payments.
Power of
authority to
sue for
recovery of
payments
surcharged.
receipts and other documents and papers which he may deem
necessary, and may require any person holding or accountable
for any such books, deeds, contracts, accounts, vouchers,
receipts, documents, or papers to appear before him at any such
audit or any adjournment thereof, and to make and sign a
declaration as to the correctness of the same; and if any such
person neglects or refuses so to do or to produce any such books,
deeds, contracts, accounts, vouchers, receipts or other documents
or papers, or to make or sign such declaration, he shall be liable
for every neglect or refusal to a fine on summary conviction not
exceeding two pounds.
(1) The Auditor acting in pursuance of section 56 shalldisallow every item of account contrary to law and shall certify
the amount of any deficiency or loss incurred by the negligence
or misconduct of any person or of any sum which ought to have
been but is not brought into account by any person. The
Auditor shall surcharge the amount on the person who has made
or authorised the making of the illegal payment or whose
default has caused the deficiency or loss or failure to bring to
account, as the case may be. On application by any party
aggrieved the Auditor shall state in writing the grounds upon
which his certificate is based, and also of any disallowance
which he may have made:
Provided that on the application of the person surcharged,
and notwithstanding that the disallowance and surcharge are
correct and legal, the Governor may in his discretion, if he should
consider that in all the circumstances of the case he is warranted
in so doing, cancel or reduce such allowance and surcharge:
Provided always that any such application shall be made
within fourteen days of the person surcharged being notified of
the surcharge, or within such further period, if any, as the
Governor may allow.
(2) In case the surcharge is not cancelled by the Governor on
an application under the preceding sub-section, and the amount
surcharged, or such amount as reduced by the Governor on
such an application as aforesaid is not made good to the local
authority to the satisfaction of the Auditor within such period
not exceeding six months as the local authority may determine
after such surcharge is reported to the local authority or, in the
event of such an application as aforesaid, within fourteen days
of the applicant being notified of the decision of the Governor,
the chairman of such local authority shall in the name and on
behalf of the local authority sue for the same, and shall, if it
appears to the Court that such expenditure of the amount
surcharged, or of such amount so reduced as aforesaid, was not
authorised or was in contravention of any provision of this
Ordinance, or that any loss or deficiency or failure to bring to
account was due to the default of the defendant, be entitled to
judgment for the amount surcharged or of such amount so
reduced as aforesaid. In any such action as aforesaid the
minutes of proceedings kept by the local authority shall be
prima facie evidence of any facts therein stated. If it does not
appear from the minutes what particular members of the local
authority concurred in any particular expenditure, every
member present at the meeting shall be deemed to have concurred until he proves the contrary.
PART XI.-PowERS AND DuTIES OF LocAL AuTHORITIES.
Within the Rural Area the Rural Area Council shall haveand exercise all the rights, powers and duties, conferred or
imposed upon the Rural Area Council by this or any other
The Governor in Council may by Order direct that a localauthority shall be the authority for carrying out and executing
within the area of its jurisdiction the provisions of such
Ordinances as may be mentioned in such Order, and in such
case such local authority shall have and exercise all the powers,
rights, duties capacities, liabilities and obligations within such
area exercisable by the Governor and officers under and by
virtue of the provisions of such Ordinance, subject however, to
such limitations, restrictions or modifications as rna y be
prescribed by the Order:
Provided, however, that notwithstanding any such Order
the Governor may exercise or authorise any officers to exercise
any of the powers conferred upon the Governor or such officer
by any such Ordinance, if it should appear to him that the local
authority is neglecting or has refused or neglected to perform
or exercise any of the duties or powers imposed or conferred by
such Ordinance:
Provided further that no such Order shall be deemed to
authorise or empower a local authority to exercise any power
or to perform any duty vested in or imposed upon the Governor
in Council, or to make any rules under an Ordinance.
Functions of
Governor and
Public officers
under other
Ordinances
maybe
vested in a
Committee
year, the village committee of each village area shall prepare Estimates.
estimates of the anticipated revenue from all sources and of the 12 of 1955•
District
Council
Estimates.
Rate.
sums required to meet expenses during the following financial
year.
(2) In case the estimated revenue of any village committee
would otherwise be insufficient to meet the estimated expenditure
it shall be lawful for the village committee to provide in the
estimates for the imposition of a cess throughout the village area
in accordance with the provisions in that behalf contained in
Part XVI.
(3) A certified copy of the estimates shall forthwith be sent
to the appropriate rural district council who may, subject to
the approval of the Rural Area Council and of the Minister,
provisionally approve or disapprove such estimates in whole
or in part or may before so approving the estimates amend them
in any particular:
Provided that before so disapproving any part of such
estimates or making such amendment the rural district council
shall inform the village committee of their intention so to
disapprove or amend as the case may be and shall give the
village committee an opportunity of expressing their views on
the course proposed.
(1) On or before the 15th day of September in eachfinancial year, each rural district council shall cause estimates
to be prepared of the anticipated revenue from all sources and
of the sums required to meet expenses during the following
financial year.
(2) The rural district council shall forthwith send to the
President a certified copy of the estimates of the rural district
council together with the estimates of each village committee
subordinate thereto for consideration of the Rural Area Council
which may, subject to the approval of the Minister, provisionally
approve or disapprove such rural district or village area
estimates in whole or in part or may before so approving the
estimates amend them in any particular:
Provided that before so disapproving any part of such
estimates or making any such amendment the Rural Area
Council shall inform the rural district council of its intention
to disapprove or amend as the case may be and shall give the
rural district council an opportunity of expressing its views on
the course proposed.
(1) Every year, at the earliest convenient date on orbefore the 1st day of October, the Rural Area Council shall meet
to consider the estimates of the rural district councils and village
committees for the following financial year.
(2) In case the estimated revenue of any local authority
would otherwise be insufficient to meet the estimated expenditure it shall be lawful for the Rural Area Council to provide in
the estimates for the imposition of a rate throughout the Rural
Area in accordance with the provisions in that behalf contained
in Part XV. Thereupon the Rural Area Council shall where
necessary amend the estimates of each rural district council and
village committee accordingly.
(1) On or before the 15th day of October in each financialyear, the Rural Area Council shall prepare estimates of their
anticipated revenue from all sources, and of the sums required
to meet expenses during the following financial year.
(2) In case the estimated revenue of the Rural Area Council
would otherwise be insufficient to meet the estimated expenditure, it shall be lawful for the Rural Area Council to provide
in its estimates for a contribution by rural district councils
towards the expenditure of the Rural Area Council and to
apportion the amount of such contribution between the various
rural district councils according to the total rateable value of
premises in each rural district. Thereupon the Rural Area
Council shall where necessary amend the estimates of each
rural district council and village committee accordingly.
(3) The Rural Area Council shall forthwith send a certified
copy of their estimates and of the estimates of each rural
district council and village committee to the Minister for the
consideration of the Minister who may approve or disapprove
such estimates in whole or in part, or may before approving
such estimates, amend them in any particular.
(4) Such estimates when approved by the Minister shall be
the estimates of revenue and expenditure for the financial year
for which they are made, and no expenditure shall be incurred
otherwise than in accordance therewith save with the previous
written approval of the Minister. Such approval may be either
general and subject to such conditions as the Minister may
determine, or in respect of specified items in the estimates.
Council
Estimates.
Approval of
estimates.
(5) On or before the lst day of April in each year the rural Contributions
d . t · t "l h ll h · "b · h. f to Rural AreaIS nc counc1 s s a pay t err contn utwns tot e revenues o Council.
the Rural Area Council as fixed for that year in the estimates
approved by the Minister, whether or not such contributions
are formally demanded.
(6) The estimates as approved by the Minister shall !~t~~~;~~~ of
be open to inspection during office hours by any person
whose name appears in a Voters List compiled in terms of this
Duties and
powers of
police not to
be affected
Council to
promote
building.
22 of 1957.
Ordinance in the case of the Rural Area estimates, at the office
of the Rural Area Council and of any rural district council; in
the case of rural district estimates, at the office of the rural
district council concerned; and in the case of village area estimates, at the office of the village committee concerned and of
the rural district council to which such village committee is
subordinate.
(a) to act as the channel of communication between the
Government and the rural district councils;
(b) to assist, co-ordinate and supervise the rural district
councils and village committees in the performance of their
duties and functions.
(2) It shall be lawful for the Rural Area Council-
(a) to take all measures necessary for the health, order and
good government of the Rural Area;
(b) to undertake any public works necessary or proper in
connection with the duties assigned to it;
(c) to give directions to any rural district council for the
purpose of ensuring the due performance of its duties under
this or any other Ordinance;
(d) to impose and assess rates in accordance with the
provisions of Part XV.
Nothing hereinabove in this part contained shall operate to
affect, alter, or derogate from, the ordinary or special statutory
or other lawful powers and functions of the police, whether
exercisable under the provisions of any Ordinance to which the
Rural Area Council is authorised under section 60 to give effect,
or otherwise.
Rural Area Council to perform, subject to compliance in each
case with any rules made under sub-section (2), all or any of
the following functions-
(a) to acquire any type of building material and to dispose
of the same to any person ordinarily resident within the
Rural Area, in such manner and on such terms and conditions
as the Rural Area Council may think fit, subject only to
any relevant rule made under sub-section (2) and to the
condition in each case that such building materials are to be
used in the construction of a specified building within the
Rural Area;
(b) to lend money to any person ordinarily resident within
the Rural Area on such terms and conditions as the Rural
Area Council may think fit, subject only to any relevant
rule made under sub-section (2) and to the condition that the
money so lent is to be used in the construction of a specified
building within the Rural Area;
(c) to guarantee, on behalf of any person ordinarily
resident within the Rural Area, the performance of any
contract entered into by such person for the purchase of any
building material to be used in the construction of a specified
building within the Rural Area; such a guarantee may be
given in such manner and on such terms and conditions as
the Rural Area Council may think fit, subject only to any
relevant rule made under sub-section (2);
(d) to do or cause to be done any act or thing which may be
necessary to give full effect to any of the functions described
in this sub-section.
(2) The Rural Area Council shall make rules for the proper
carrying out of its functions under this section. Such :rules
shall be subject to the approval of the Governor in Council and
may, without prejudice to the generality of the foregoing
powers, provide for all or any of the following matters, in so far
as they relate to the proper carrying out of any of the aforesaid
functions-
(a) the method in which contracts are to be made and
recorded;
(b) the books of account to be kept;
(c) the safe custody of moneys, documenti> and materials;
(d) the responsibilities and duties of officers of the Rural
Area Council ;
(e) the types of houses in respect of which the Rural Area
Council may supply building materials, advance money, or
guarantee contracts;
(f) the types of building materials which the Rural Area
Council may supply or in respect of which the Rural Area
Council may advance money or guarantee contracts;
(g) the method in which applications to the Rural Area
Council for the supply of building materials, the grant of
loans and the guarantee of contracts are to be made, and
the manner in which such applications are to be dealt with;
(h) the extent to which security for the due performance of
contracts is to be required from applicants for building
materials, loans or guarantees, and the nature of such security;
Duties and
powers of
rural district
councils.
Cap. 129.
*
Cap. 192.
(i) the recovery of debts and the writing off of any debt
considered by the Rural Area Council to be irrecoverable;
(j) the inspection of houses in respect of which building
materials have been supplied by the Rural Area Council or
in respect of materials for which the Rural Area Council has
made a loan or guaranteed a contract;
(k) the fees and charges which the Rural Area Council may
levy in respect of the performance of any function which it is
empowered to carry out under the provisions of sub-section (1);
(l) the imposition of penalties not exceeding a fine of
twenty pounds or, in default of payment, imprisonment with
or without hard labour for a period of six months for the
contravention of any rule made under this sub-section, and
the prescription of the Courts which will have jurisdiction
to try cases arising out of any allegation of the breach of
any such rule.
(a) to keep clean and maintain roads within the limits of
the rural district council (other than roads included in any
Order made under section 5 of the Building Lines Ordinance);
(b) subject to the provisions of sections 26 to 30 of the
Public Health Ordinance to provide and regulate markets,
slaughter-houses and all such matters and things as may be
necessary for the convenient use of such markets and
slaughter-houses;
(c) to provide for the maintenance and proper custody of
all books, deeds, records and other documents whether
belonging to them or committed to their care;
(d) to provide for the proper custody of the village funds
of each subordinate village committee and for authorised
disbursements therefrom;
(e) to levy and recover rates imposed and assessed by the
Rural Area Council;
(j) to perform any duties imposed upon them under the
provisions of the Impounding Ordinance;
(g) to carry out any lawful orders or directions given to
them by the Rural Area Council.
*The Public Health (Colony) Ordinance was Cap. 190 of the 1946 Edition. It is
to be repealed and replaced and has been omitted from this Edition.
Rural Area [Cap. 75 733
-----------------------------------------------------------
(2) It shall be lawful for a rural district council-
(a) to impose and take stallages, rents and tolls in respect
of the use by any person of any market or slaughter-house
belonging to or provided by such rural district council;
(b) to issue licences under Part XIII of this Ordinance and
to collect the fees therefor;
(c) to provide, establish, lay out, plant, improve, maintain
and regulate parks, gardens and other places of resort or
recreation within such rural district for the use of the public;
(d) to cause the names of all public roads, streets, lanes and
squares to be affixed therein and to cause the houses therein
to be numbered;
(e) to plant and maintain trees along the sides of any
public road, street, lane or square and to erect guards to
protect such trees:
Provided that such roads, streets, lanes or squares shall not
be unduly obstructed thereby;
(j) to provide, maintain and regulate water supplies and
street lighting;
(g) to provide for the relief of the poor;
(h) with the consent of the Governor to engage m the
purchase, distribution and sale of any commodity m the
public interest;
(i) to act as the agent of the Rural Area Council for the
purposes of this Ordinance;
(j) with the approval of the Governor, to provide for all
other matters and services as the rural district council may
consider necessary for public safety, health or convenience
whether such matters or services are of the same kind as the
matters and services hereinbefore enumerated or not.
(a) keep clean and maintain streets, lanes, squares
public places within the limits of the village area;
(b) provide and maintain cemeteries;
(c) execute minor public works; and
Duties and
powers of
and village committees.
(d) carry out any lawful orders or instructions given to
them by the Rural Area Council or the appropriate rural
district council.
. (2) It shall be lawful for a village committee to impose a
VIllage improvement cess in accordance with the provisions of
Part XVI.
S.L.-VoL. II-12
Power of
authority to
issue
directions.
Vesting of
property in
Local
authority
may acquire
property.
Compulsory
acquisition
of land.
Cap. 116.
Ordinance, a local authority may act through-
(a) the chairman of such local authority;
(b) any member thereof;
(c) any officer, servant or duly appointed agent thereof;
(d) any other local authority subordinate thereto; and
(e) in the case of a village committee, any headman
subordinate thereto,
and is hereby authorised to issue the necessary orders, directions
and instructions to effect this purpose.
PART XII.-LocAL AuTHORITIEs' PROPERTY AND CoNTRACTS.
All property whether real or personal and includingthings in action, belonging to the Rural Areas Council (constituted
under the provisions of the Rural Areas Ordinance) at the
commencement of this Ordinance is hereby declared to be vested
in the Rural Area Council established by this Ordinance.
A local authority may acquire such movable andimmovable property as may be necessary or expedient for
carrying into effect the provisions of this or any other Ordinance
applicable to the Rural Area, but a local authority shall not
sell, mortgage, lease or otherwise alienate or dispose of any
immovable property so acquired without the previous written
consent of the Governor in Council.
When there is any hindrance to the acquisition bypurchase of any land or building required for carrying into effect
the provisions of this or any other Ordinance applicable to the
Rural Area, the Governor in Council upon the application of a
local authority and after such enquiry as he may think proper
may declare that the land or building is required for a public
purpose; and he may direct that proceedings be taken under
the provisions of the Public Lands Ordinance, for acquiring the
same for the Government, and for determining the compensation
to be paid to the parties interested. The Governor rna y then
vest such land or building in the local authority by means of a
certificate under his hand and the Public Seal of the Colony to
the effect that the same has been made over to the local authority.
The compensation for such acquisition, if any, shall in the first
instance be paid by the Government; but the local authority
shall refund to the Government any compensation so paid and
all expenses incidental to such acquisition incurred by the
Government.
Rural Area [Cap. 75 735
(1) A local authority may, with the previous written Bo7rowingf h G b . h . f at mterest.
consent o t e overnor, orrow at mterest on t e secunty o .
any corporate land or any funds of the local authority or the
rate or of all or any such securities, such moneys as in the
opinion of such local authority may be required for any of the
following purposes-
(a) for acquiring any interest in land;
(b) for erecting buildings;
(c) for the execution of any permanent work or for any
other purpose for which capital expenditure is required;
(d) for lending to any other local authority money which
rna y be required by that authority for any of the said purposes;
{2) The Governor may in his discretion attach any conditions
to his consent given under sub-section (1) of this section.
(3) A local authority may invest funds of the local authority
in such stocks as may be approved by the Secretary of State
for the investment of Colonial funds and in such other manner
and to such extent as the Governor in Council may from time
to time approve.
74. {1) Where the Governor in Council approves a mortgage
or charge he may, as a condition of his approval, require that
the money borrowed on the security of the mortgage or charge
be repaid, with all interest thereon, in thirty years, or any less
period, and either by instalments or by means of a sinking fund,
or both.
(2) In that case the sums required for providing for the
repayment of the principal and interest of the money borrowed
shall be, by virtue of this Ordinance, a charge on all or any of
the following securities, namely, the land comprised in the
mortgage (without prejudice to the security thereby created),
or any such other corporate land or moneys or the rate, or of any
part thereof respectively, as the Governor in Council may direct.
Investment
of funds.
Governor in
Council to
impose conditions as to
repayment of
money
borrowed.
Where money borrowed is directed to be repaid by Proyisi?ns asmeans of a sinking fund, the local authority shall, out of the }~n~~kmg
rents and profits of the land on which, or out of the revenue of
the local authority or the rate on which the sums required for
the sinking fund are charged under this Ordinance, invest such
sums at such times and in such manner as the Governor in
C?uncil may direct, and may from time to time, with the like
direction, alter or change any such investment.
S.L.-VoL. II-12*
Provisions for
replacing
purchase or
compensation
money.
Investment
of proceeds
of sale or
exchange.
Power to
make
contracts.
Contracts
by local
Where purchase money or compensation has been paidin respect of land or any interest therein purchased or taken
from a local authority, or in respect of permanent damage to
land of a local authority, and the Governor approves of the
payment of the money or compensation to such local authority,
the Governor may, as a condition of his approval, require
provision to be made for investing a sum equivalent to the
amount of money so paid.
Where the Governor in Council approves of the sale orexchange of any corporate land, or of any interest therein, such
approval may be subject to such conditions as he thinks fit in
relation to the investment for the benefit of the local authority
of the money arising from the sale or exchange.
A local authority may enter into such contracts as maybe necessary or expedient for carrying into effect the provisions
of this or any other Ordinance applicable to the Rural Area:
Provided-
(i) that no contract the value whereof exceeds one hundred
pounds shall be entered into by the Rural Area Council
without the previous written consent of the Governor in
Council;
(ii) that no contract shall be entered into by a rural district
council or a village committee without the previous written
consent of the Rural Area Council where the value exceeds-
(a) in the case of a rural district council, fifty pounds; and
(b) in the case of a village committee, ten pounds.
Council or a rural district council under this Ordinance, the
following provisions shall be observed, namely-
(a) Every contract, whereof the value or amount exceeds
one hundred pounds, shall be in writing and if made by the
Rural Area Council shall be sealed with the common seal of
the Rural Area Council and if made by a rural district
council shall be signed and sealed by the chairman and one
other member.
(b) Every contract made by the Rural Area Council or a
rural district council under this Ordinance shall specify the
work, materials, matters or things to be furnished, had or
done, the price to be paid, and the time or times within
which the contract is to be performed, and shall specify some
pecuniary penalty to be paid in case the terms of the contract
are not duly performed.
Rural Area [Cap. 75 737
-----------------------------------------------------------
(c) Before contracting for the execution of any works under
the provisions of this Ordinance, the Rural Area Council or
rural district council, as the case may be, shall obtain an
estimate in writing of the probable expense of executing the
work in a substantial manner.
(d) Before any contract of which the value or amount
exceeds twenty-five pounds is entered into by the Rural
Area Council or a rural district council, as the case rna y be,
public notice shall be given describing the nature and purpose
thereof and inviting tenders for the execution of the works
so described and the local authority shall require and take
sufficient security for the due performance of the contract.
Such public notice shall, where the contract exceeds one
hundred pounds in value or amount, specify a period of not
less than two weeks during which tenders may be made.
(2) The common seal of the Rural Area Council shall not he Use of comused or affixed to any document except in pursuance of a mon seal.
resolution in that behalf passed at a duly constituted meeting of
the local authority and recorded in the minutes.
(3) Subject to the provisions of section 115 all contracts in
writing entered into by a village committee shall be signed by
the chairman and one other member thereof.
pART XIII.-RURAL AREA LICENCES.
(1) It shall be unlawful for any person to exercise, carry Licences.on or practise in the Rural Area any of the trades, businesses or
professions set forth in Part I of the Third Schedule without
having first taken out a licence for that purpose.
(2) Every owner of any vehicle mentioned in Part II of the Licences for
Third Schedule, who either resides in the Rural Area or therein vehicles.
exercises, carries on or practises any trade, business or profession
or uses any such vehicle in any public place in the Rural Area,
shall take out a licence for such vehicle, and pay for such licence
the fee set forth in the second part of the said schedule:
Provided that it shall not be necessary for licences to be
taken out for any vehicle belonging to the Imperial or Colonial
Government.
(3) All vehicles mentioned in Part II of the Third Schedule,
shall be numbered; excepting, subject to any bye-law, vehicles
used primarily in the course of trade or husbandry. Such
number shall be attached to, or marked on, a vehicle in such
manner as to be readily visible.
Marking of
vehicles.
Licences for
entertainments.
Licences
subject to
bye-laws and
conditions.
Licences
obtainable
from proper
officer.
Duration of
licences.
Hawkers and
pedlars.
(4) It shaJl be unlawful for any person to do in the Rural
Area any of the acts or things mentioned in Part III of the
Third Schedule without havL.'lg first taken out a licence for
that purpose and paid for such licence the fees therein set forth.
( 5) Every licence taken out under this section shall be
subject to the conditions and restrictions imposed by any
bye-laws made in respect thereof, and also to any conditions or
restrictions which are authorised by any such bye-laws and are
specified on the licence. Any person failing to comply with any
condition or restriction so imposed or specified shall be guilty
of an offence against this Ordinance.
(l) Such licences may be obtained on application to aproper officer at the office of a rural district council, and such
officer is hereby authorised and empowered to grant the same
upon payment of the fee mentioned in this part and in the
Third Schedule.
(2) Licences granted under this part may be yearly, halfyearly or quarterly as prescribed in the Third Schedule and every
such licence shall bear the date of, and commence on, the day of
its being granted, and shall expire in the case of-
(a) a yearly licence, on the thirty-first of December in
each year;
(b) a half-yearly licence, on the thirtieth of June or the
thirty-first of December in each year;
(c) a quarterly licence, on the thirty-first of March,
thirtieth of June, thirtieth of September or thirty-first of
December in each year:
Provided that a licence may be granted under Part III of
the Third Schedule for a single entertainment.
(3) Every hawker or pedlar of manufactured goods shall, in
addition to his licence, be supplied with a certificate which shall
bear the name of the licensee, the number of his licence and the
dates of issue and expiration of the same, and he shall be
required to carry about such certificate with him and to produce
the same when demanded by an inspector of licences appointed
by the Rural Area Council, a rural district council or a village
committee or any member of the Police Force; and if he shall
fail to produce such certificate the wares of such hawker or
pedlar shall be detained until he shall either give his full name
and address or produce his licence or certificate. Any person
giving a false name or address shall, in addition to any penalty
which he may incur under this part, be liable on summary
conviction to a fine not exceeding one pound; and it shall be
lawful for the rural district council to cause any wares so
detained to be sold unless they are claimed and taken away
by the owner thereof within seven days after such detention;
and all expenses of the rural district council for, or incident to,
the detention or selling of any such wares shall be repaid to it
by the owner and be recoverable as damages or be deducted
from the proceeds of the sale of any such wares.
(4) The proper officer of the rural district council shall make Publication
of vehicle
out and deliver quarterly to the Treasurer of the Rural Area licences.
Council a list in duplicate of the names of owners or persons in
possession or making use _of vehicles _who have taken out licences
in pursuance of the provisiOns of this part, and the number and
description of such vehicles, and the Treasurer of the Rural
Area Council shall forward one copy of such list in respect of
each rural district to the Minister.
The fees paid for such licences shall be received and held ~n::;:!onfor the use of the rural district council. fees.
(I) Any person exercising, carrying on, or practising any Penalties.trade, business or profession mentioned in Part I of the Third
Schedule, or being the owner or person making use in any public
place in the Rural Area of any vehicle mentioned in Part II of
the Third Schedule or doing any of the acts or things mentioned
in Part III of the Third Schedule, who shall upon demand being
made by any member of the Police Force or any inspector of
licences appointed by the Rural Area Council, a rural district
council or a village committee refuse or fail without reasonable
cause to produce and show his licence for exercising, carrying on
or practising any such trade, business or profession, or for such
vehicle, or for doing any such acts or things, shall be liable
on summary conviction to a fine not exceeding five pounds.
(2) Every person committing any breach of the provisions
contained in this part shall for every such offence be liable, on
summary conviction thereof, to a fine not exceeding fifty
pounds, and in default of payment to imprisonment, without
hard labour, for any period not exceeding six months.
(3) Any person who shall let out, hire or lend his licence, or
who not having taken out a licence under this part shall produce,
exhibit or use any paper with intent to cause it to be believed
that he has duly taken out a licence as aforesaid, shall for every
such offence be liable on summary conviction thereof to a fine
?-ot exceeding twenty pounds, and in default of payment to
Imprisonment, with or without hard labour, for any period not
exceeding three months: .
Vesting of
funds of
Rural Areas
Council.*
Revenue of
Provided that it shall be lawful for a rural district council to
grant to any person such number of hawkers' or pedlars'
licences and certificates as it may think fit, and such person may,
while such licences are in force, transfer the same from and to
any other person in his employ.
Any person to whom such licence is transferred shall be
deemed to be a licensee during such time as he holds such
licence, and shall be subject to all the provisions of section 81 (3).
PART XIV.-REVENUE oF LocAL AuTHORITIES.
Administration Fund and the Urban Division Funds under the
Rural Areas Ordinance shall on such date as the Governor may
by Order declare be paid to the Rural Area Council as part of the
revenues thereof.
The revenue of the Rural Area Council shall be paid tothe Treasurer and shall consist of-
(a) all fees and charges collected by the Rural Area Council
under any Ordinance the provisions of which the Rural Area
Council is required or authorised to carry out by any Order
made under section 60;
(b) all fines imposed under this Ordinance or under any
such Ordinance as is mentioned in the last preceding paragraph
for an offence against the provisions of this or such Ordinance
committed within the Rural Area;
(c) the rents of any immovable property belonging to or
reserved by the Governor for the use of the Rural Area
Council;
(d) all fees for inspection of lists, books, accounts or
documents in the custody of the Rural Area Council;
(e) the annual contributions payable by rural district
councils;
(j) all amounts paid to the Rural Area Council by Government whether as grants-in-aid, endowment or otherwise:
Provided that no portion of any such amount paid for a
specific purpose shall be expended for any other purpose
without the consent of the Governor in writing;
(g) all other receipts, whether of the same kind as the
receipts hereinbefore enumerated or not.
*24th July, 1950. (P.N. 87 of 1950.)
The revenues of the Rural Area Council shall be applicableto-
(a) the remuneration of officers and employees of the Rural
Area Council and the expenses incurred in respect of procuring,
furnishing, equipping and maintaining suitable offices for the
Rural Area Council and its officers;
(b) expenses incurred in connection with the travelling of
the President or any other member thereof when acting as
representative of the Rural Area Council;
(c) all expenses properly incurred by the Rural Area Council
in carrying this Ordinance into effect;
(d) all other payments legally due and owing by the Rural
Area Council.
Whenever the Rural Area Council is permitted to retainrevenues collected by the Rural Area Council and derived from
any waterworks, electric light or power service or of any other
service or work constructed or established by the Government
the revenues of the Rural Area Council may be charged with the
whole or such proportion of the interest and sinking fund on
the capital cost of such service or work, and, if the service, or
work is maintained out of general revenue, with the whole or
such proportion of the cost of the maintenance thereof, as the
Governor may consider proper and appoint.
Such charge shall be a first charge on the revenues of the
Rural Area Council and the interest and other moneys payable
shall be paid by the Rural Area Council to the Accountant
General quarterly, on the thirty-first day of March, thirtieth day
of June, thirtieth day of September and thirty-first day of
December in each year.
Area Council except under the authority of the Council, and
every payment exceeding ten pounds shall be made by cheque
signed by the Treasurer and countersigned by the President.
All monies belonging to the Rural Area Councjl shallbe paid into such bank as the Council may from time to time
appoint, and no money shall be withdrawn from such bank
except by cheque signed by the Treasurer and countersigned by
the President.
The revenue of a rural district council shall be paid intoa fund to be known as a district fund and shall consist of-
(a) all fees for the licences set out in the Third Schedule
hereto, issued in the rural district;
Application
of revenue of
Revenues of
council may
be charged
with interest
on the capital
cost and with
the cost of
maintenance
of works or
services constructed or
maintained
by Government.
Order for
payment
of money.
Moneys to be
paid into a
bank.
Revenues of
rural district
councils.
742 Cap. 75] Rural Area
(b) receipts in respect of the sale of water supplied by the
rural district council;
(c) all market and slaughter-house fees in respect of
markets and slaughter-houses provided by the rural district
council;
(d) the rents and profits of all immovable property belonging to the rural district council.
(e) the interest, dividends and proceeds from all investments
and securities belonging to the rural district council;
(f) all amounts paid to the rural district council by the
Rural Area Council whether as grants-in-aid or otherwise;
(g) any rates paid in respect of premises situated within
the rural district council;
(h) any other receipts, whether of the same kind as the
receipts hereinbefore enumerated or not.
Application 91. The revenue of a rural district council shall be applicable
of revenues of d h d . h h 1! ll . .ruraldistrict to an C arge Wit t e 10 owmg paymentscouncils. (a) the payment to each subordinate village committee
Custody of
district funds.
of twenty per centum of the rates received in respect of
premises situated in the village area of such village committee;
(b) the payment of an annual contribution towards the
expenditure of the Rural Area Council;
(c) the remuneration of officers and employees of the rural
district council and the expenses incurred in respect of
procuring, furnishing, equipping and maintaining suitable
offices for officers of the rural district council;
(d) the payment of allowances to members who carry out
executive duties on behalf of the rural district council;
(e) expenses incurred in connection with the travelling of
any member or officer of the rural district council in the
execution of his duty;
(f) all expenses properly incurred by the rural district
council in carrying this Ordinance into effect;
(g) any other payments, legally due and owing by the rural
district council.
(1) Such member or officer as the rural district councilmay appoint by resolution recorded in the minutes of such rural
district council, and reported to the Rural Area Council, shall be
responsible for the receipt, custody and disbursement of all
moneys payable into the district fund under section 90.
(2) No payment out of a district fund shall be made except
under the authority of the rural district council and every
payment exceeding ten pounds shall be made by cheque signed
by the member or officer appointed under the preceding
sub-section and counter-signed by the chairman.
(3) All moneys belonging to a rural district council or to a
village committee subordinate thereto shall be paid into such
bank as the rural district council may from time to time appoint
and no money shall be withdrawn from such bank except by
cheque signed by the member or officer appointed under
sub-section (1) of this section and countersigned by the chairman.
(1) The revenue of a village committee shall be paid intoa fund to be known as a village fund and shall consist of-
(a) twenty per centum of the rates paid to the rural district
council in respect of premises situate within the village area;
(b) twenty per centum of the fees paid under items 3, 4, 5,
7 and 9 of Part I of the Third Schedule in respect of premises
situate within the village area;
(c) any moneys paid to it by the Rural Area Council or the
rural district council whether as grant-in-aid, endowment or
otherwise; and
(d) any other moneys lawfully received by the village
committee from any source whatsoever.
(2) The fund of a village committee shall be in the custody
of the person responsible for the custody of the district fund
who shall keep a separate account for the fund of each village
committee.
(3) On the last day of each month the rural district council
shall cause the account of each village committee to be credited
with the amount payable in respect of rates, under sub-section
1 (a) of this section.
(4) Any balance to the debit or credit of a village fund at the
end of a financial year shall be carried forward to the next
financial year.
The revenue of a village committee shall be applicable toand charged with the following payments-
(a) the remuneration of officers and employees of the village
committee and village headmen;
(b) the payment of allowances to members who carry out
executive duties on behalf of the village committee;
Revenues
of village
committees.
Application
of revenue
of village
committees.
Writing off
of arrears
of revenue.
The rate.
Payment of
the rate.
Notice of
imposition
of rate.
(c) expenses incurred in connection with the travelling of
the chairman, members of the village committee and village
headmen in the execution of their duties;
(d) all expenses properly incurred by the village committee
in carrying this Ordinance into effect;
(e) any other payments legally due and owing by the village
committee.
(1) It shall be lawful for the Governor in Council fromtime to time on the application of the Rural Area Council
supported by a majority of its members of whom the President
shall be one and by not less than four rural district councils to
make an Order authorising all arrears ofrates and other moneys
due to the district funds under and by virtue of this Ordinance
or any other ordinance applying to the Rural Area, or any part
of such arrears, to be written off as irrecoverable debts in regard
to which no further proceedings need be taken.
(2) The Governor in Council may make an Order in respect
of the whole or any part of the arrears specified in the application
of the Rural Area Council.
(3) This section shall apply to all arrears of rates and other
moneys due to the Rural Areas Administration Fund under and
by virtue of the Rural Areas Ordinance, in the same manner and
to the same extent as it applies to the arrears mentioned in
sub-section (1).
PART XV.-THE RuRAL AREA RATE.
(1} The rate provided for in the Estimates of localauthorities in any one financial year shall be a rate at a uniform
amount per pound on the assessed annual value of assessed
prem~ses and shall be a single rate in respect of all assessed
(2) The rate provided for in the approved Estimates of local
authorities (to be called the rate) shall be imposed by the Rural
Area Council and levied in respect of each rural district by the
rural district council concerned and shall be payable to the
proper officer of the rural district council on or before the 31st
day of January following the date on which the Estimates
providing for the rate are approved, or such later date as the
Rural Area Council may by notice declare.
The Rural Area Council shall within fourteen days afterthe approval of any estimates in which provision for a rate has
been inserted in the Estimates, give public notice of any rate
which is provided in such Estimates as approved:
Provided that in any proceedings to levy or recover any rate,
it shall not be necessary to prove that any such notice was given,
and failure to give any such notice shall not affect the right to
levy or recover any rate.
Each rural district council shall cause a Rate Book to bekept in the form prescribed in the Fourth Schedule hereto.
Such Rate Book shall be kept at the office of the rural district
council and shall be open to public inspection, during office
hours.
The amount of the rate due in respect of any premisestogether with poundage and levy expenses (if any) shall until
paid be a charge on such premises, and such charge shall have
priority over all other claims against such premises except claims
of the Crown.
Rate Book.
Rate to be a
charge on
If any owner liable to the rate under this Ordinance, or Levy onhis agent appointed under the provisions of section 106 refuses ~;~;;'~n nonor neglects to pay the same at the time and in the manner payment of
hereinbefore appointed for the payment thereof, the President rate.
is hereby empowered on the complaint of the rural district
council concerned to issue a warrant under his hand and the
common seal of the Rural Area Council directed to the bailiff
requiring and commanding him to levy the rate on the goods
and chattels of such defaulting owner, and the bailiff to whom
such warrant shall be directed is hereby empowered and
required to execute the said warrant and to make a return
thereto within thirty days after the date thereof.
101. {l) The bailiff shall be entitled to a poundage of two Poundage.
shillings for every twenty shillings or any part thereof levied by
virtue of any warrant directed to him by the President and the
same is hereby made chargeable upon the personal and real
estate so levied upon. All such poundage fees shall be paid to
the rural district council concerned and form part of the rate.
{2) All goods and chattels, which shall be levied upon by
the bailiff as aforesaid by virtue of any warrant from the
President, shall be sold by him by public auction to the highest
bidder within ten days after the time of levying the same, and
the bailiff shall cause such intended sale to be advertised at
least five days before the sale, and the sum or sums of ~oney
arising from such sale the bailiff shall apply to the payment of
Levy on
occupier's
goods on nonpayment of
rate.
Levy on
lands and
premises on
non-payment
after two
years.
the rate and poundage imposed by this Ordinance, and all
charges attending such levy and sale, and shall return the
surplus (if any) to the person or persons entitled thereto.
(1) If the bailiff, acting as aforesaid, finds no goods orif the amount realised by any sale as aforesaid is insufficient, the
President is hereby empowered and required to issue a warrant
under his hand and the common seal of the Rural Area Council
directed to the bailiff, requiring and commanding him to
demand from the occupier payment of the amount thereinafter
mentioned, and, in default of payment of such amount by the
occupier, within fourteen days, to levy the said amount on the
goods and chattels of such occupier in the like manner as is
provided herein for levying on the goods and chattels of a
defaulting owner.
(2) Within fourteen days after demand as aforesaid by the
bailiff, the occupier shall pay to the bailiff the amount due for
the rate in respect of the premises occupied by him, but shall not
be liable for any poundage, or other costs of levy upon the goods
of the owner.
(3) An occupier may deduct any sum paid to him as aforesaid
before payment of rent to the owner, and, should a levy have
been made on the goods and chattels of such occupier, he may
alRo deduct from such rent the poundage and costs of the levy.
(4) Where there is an existing contract, verbal or written,
between the owner and the occupier that the occupier shall pay
the rate, and the owner becomes liable for payment thereof under
the provisions of this Ordinance, it shall be lawful for the owner
to increase the rent by the amount for which he has so become
liable, or, if he thinks fit, to sue the occupier or his executors,
administrators or assigns for the same.
If the remedies hereinbefore provided against ownersand occupiers have failed to realise the amounts due after also
taking into account the net amounts, if any, which have been
realised by proceedings, if any, against the occupier as aforesaid,
and the amounts due shall still remain unpaid two years after
the date on which they became payable under section 96 it shall
be lawful for the President to issue a warrant under this hand
and the common seal of the Rural Area Council in the manner
hereinbefore directed requiring and commanding the bailiff to
levy the said rates upon the lands, tenements, rents and
annuities of such persons and to sell the lands, tenements, rents
and annuities, by public auction as hereinbefore directed in the
case of goods and chattels, giving thirty days' notice of every such
Rural Area [Cap. 75 747
intended sale; and a deed of conveyance executed by the bailiff in
pursuance of any such sale shall, upon being duly registered
under the provisions of the Registration of Instruments Cap. 256.
Ordinance, confer upon the purchaser as good a title to the lands
and tenements sold as the owner could lawfully convey:
Provided that the President may, at any time before the sale
of any lands, tenements, rents and annuities so advertised for
sale as aforesaid, postpone the sale thereof, either generally or to
some specified day.
It shall be lawful for the President, whenever he shall Presi~entdeem it expedient, in lieu of issuing separate warrants in respect ~a!,~~r~~nt
of each defaulter, to issue under his hand and the common seal of \~\e~~h rural
the Rural Area Council one warrant for each rural district ms rw ·
respectively, and to annex or subjoin to each such warrant a
schedule of the names of the defaulters in the rural district for
which it is issued, and such warrant shall be taken to apply in
respect of each of the defaulters named in the schedule annexed
or subjoined thereto.
Warrants by the President in respect of any rate shall Warrants tobe signed by him and sealed with the common seal. ~:a~!~~ed and
Any owner of premises in respect of which the rate is Absent:epayable by him shall, if he intends to be absent from the Rural ~;,;~fnt 0
agent
Area, appoint some person to be his agent for the payment of f~r p~yment
the rate, and shall notify the President in writing of such ap- 0
rae.
pointment.
107. \Vhere it is shown to the satisfaction of the Assessment
Committee that any building or any part thereof which has been
included in any assessed premises has been unoccupied for a
period of not less than six months in any financial year and that
notice thereof has been given as required by section 108 hereof
the Assessment Committee shall, on the application of the person
who has paid the amount of the rate payable in respect of such
premises, order to be refunded to that person such proportion of
the amount paid as the Assessment Committee may deem fit
having regard to all the circumstances.
Unoccupied
(1) It shall be the duty of the owner of any assessed Notice ofpremises to notify in writing the chairman of the rural district ~i~~-~~X~~~
council within twenty-one days that any building thereon, if occupation.
previously unoccupied, is occupied or if any such building was
previously occupied, that it is unoccupied.
Premises demolished or
removed.
Cap. 66.
Cap. 77.
Premises
exempt from
rates.
(2) Any owner of assessed premises who, having given
notice of non-occupation of any building thereon, fails to give
notice of reoccupation as required by sub-section (I) shall be
guilty of an offence.
Committee that any building or any part thereof on any assessed
premises has been demolished or removed during any financial
year, the Assessment Committee shall, on the application of the
person who has paid the amount of the rate payable in respect
of such premises, order to be refunded to that person such proportion of the amount paid as the Assessment Committee may
deem fit having regard to all the circumstances:
Provided that, in the case of a demolition or removal otherwise than by order of the Rural Area Council or under section 28
of the Freetown Improvement Ordinance, as applied under the
Freetown Improvement (Extension) Ordinance, the owner of
such premises has within fourteen days of such demolition or
removal given notice in writing thereof to the Assessment
Committee.
(1) No rates shall be payable in respect of premiseswhich belong to or are held in trust for-
(a) a local authority, or
(b) the Imperial or Colonial Governments and are either
unoccupied or are occupied by the Imperial or Colonial
Governments or by some person in the employ of either of
such Governments.
(2) Rates shall be payable on all premises which belong to
or are held in trust for the Imperial or Colonial Governments
and are occupied by some person not in the employ of either of
such Governments:
Provided that when such premises are so occupied for only
part of a year, the amount payable in respect of rates shall be
proportionately reduced.
(3) No rates shall be payable in respect of premises which
belong to or are occupied by a foreign state for any of the
following purposes, that is to say-
(a) a consular office, or
(b) a residence for a consular officer or employee; or
(c) any other purpose, to which the Governor does not
object, arising out of the operation of the consular establish,
ment of such foreign state:
Provided that this sub-section shall only apply where the
Governor certifies that reciprocal privileges are enjoyed by
Vnited Kingdom consular establishments in the territories of
such foreign state.
Nothing in this part contained shall be deemed to affect Abgreementb I dl d d . h h . etween
any agreement etween an or an tenant w1t respect tot e landlord and
payment of the rate, and no such agreement between landlord tenant.
and tenant shall derogate from the provisions of this part with
respect to the enforcement of the rate.
R l A C .1 "f . fi d b 1. b rrompayment
the ura rea ounc1 may, 1 satiS e y any app ICant y of rate owing
evidence on oath that on the ground of poverty it is desirable to poverty.
so to do, exempt from payment of the rate any premises liable
for payment of the same, or reduce the amount for which the
premises are liable for such rates.
PART XVI.-VILLAGE IMPROVEMENT CESS.
Estimates of a village committee in any one financial year shall ~;~s~ement
be a cess at a uniform amount per pound on the assessed annual
value of assessed premises and shall be a single cess in respect of
all assessed premises.
(2) The Village Improvement cess provided for in the
approved Estimates of a village committee (to be called the
cess) shall be imposed and levied by the village committee and
shall be payable to the proper officer of the village committee
on or before the 31st day of January following the date on
which the Estimates providing for the cess are approved or such
later date as the village committee may by notice declare.
(3} Each village committee which has imposed a cess shall
cause a Cess Book to be kept as near as may be in the form
prescribed for a Rate Book in the Fourth Schedule hereto
mutatis mutandis. Such Cess Book shall be kept at the office
of the village committee and shall be open to public inspection,
during office hours.
(4) Sections 97 and 99 to 112 of this Ordinance shall apply
to a Village Improvement cess as if any reference therein to a
rate or rates included a reference to a Village Improvement cess
payable under this section:
Provided that for the purpose of the application of the said
sections as aforesaid-
S.L.-VoL. II-13
Appearance
authority
in legal
proceedings.
Form of
title deeds.
Proof in legal
proceedings.
(a) the reference to the Rural Area Council in section 97
shall be construed as a reference to the village committee;
(b) references to a rural district in section 104 shall be
construed as references to a village area ; and
(c) the reference to a rural district council in section 108
shall be construed as a reference to the village committee.
pART XVII.-MISCELLANEOUS.
(1) A local authority may appear in any legal proceedings by the chairman or by a member or an officer of such localauthority authorised generally or in respect of any particular
proceeding by resolution of the local authority; and the chairman, or any member or officer so authorised as aforesaid, shall
be a liberty to institute and carry on any proceeding which the
local authority is authorised to institute and carry on under this
or any other Ordinance, subject always to any directions which
may be given him by the local authority.
(2) Service on the local authority of all legal processes and
notices shall be effected by service on the chairman.
The title to all lands acquired or leased by a locala-uthority shall be taken in the corporate name of the local
authority and all deeds and contracts relating to land requiring
to be executed by a local authority, shall be executed in the
corporate name of the local authority and-
(a) in the ease of the Rural Area Council shall be signed
and sealed with the common seal by the President and shall
also be signed by another member; and
(b) in the case of a rural district council or a village committee shall be signed and sealed by the chairman and one
other member of such local authority.
In any prosecution or other legal proceeding under theprovisions of this or any Ordinance instituted by or under the
direction of a local authority, no proof shall be required-
(!) of the persons constituting the local authority; or
(2) of any order to prosecute or of any particular or general
authorisation under section 114 of the chairman, member or
officer of the local authority; or
(3) of the appointment or authority of the chairman,
member or officer of the local authority to prosecute; or
(4) of the presence of a quorum of the local authority at
the making of any order to the doing of any act,
until evidence is given to the contrary.
\'~-~i·-t·~~~~: ~.L·
All documents executed in accordance with the pro- Do~uments '"J·"'- •visions of sections 79 and 115 and all other documents purport- ~~i,:afacie
ing to be issued or written by or under the directions of a local evidence.
authority and purporting to be signed by the chairman, or by
a member or officer of a local authority, shall be received as
prima facie evidence in all courts and shall be deemed to be
executed, issued or written by or under the direction of the
local authority without proof, unless the contrary is alleged.
118. ·whenever in any criminal process or proceeding it may
be necessary to refer to the ownership or description of property
belonging to or under the management or superintendence of a
local authority, such property may be described as the property
of such local authority.
Save as in this Ordinance otherwise expressly provided,the publication of any notice or other document required by
this Ordinance to be published shall be deemed to be duly
made if it is fixed in some conspicuous place on or near the
outer door of the office of the local authority during office
hours, and also in some other conspicuous place or situation in
the area under the jurisdiction of such local authority.
Description
of property
Publication
of notices.
Notices, orders, and any other documents required or Se:;:yice ofauthorised to be served under this Ordinance may be served by nouwes.
delivering the same to or at the residence of the person to whom
they are respectively addressed, or, where addressed to the
owner or occupier of any premises, by delivering the same, or a
certified true copy thereof, to some person on the premises, or,
if there is no person on the premises who can be served, by
fixing the same on some conspicuous part of the premises. The
same may also be served by post by a prepaid registered letter;
and if so served, they shall be deemed to have been served at
the time of posting. In proving service by post, it shall be
sufrl.cient to prove that the notice, order or other document
was properly addressed and posted.
Every person who wilfully destroys, mutilates, effacesor removes any notice, list, register or other document, affixed
to any premises under the provisions of this Ordinance, during
the period during which the same ought to or is hereinbefore
required to remain so affixed shall be guilty of an offence.
S.L.-VoL. II-13*
Hindering
publication
of notices,
etc.
Inspection of
documents.
Obstruction,
etc. of
inspection.
Obstruction
of execution
of Ordinance.
Entry on
premises for
purpose of
Power to
administer
oaths, etc.
A document directed by this Ordinance to be open toinspection shall be so open during the ordinary office hours, and
without payment, unless otherwise provided.
(1) obstructs any person authorised to inspect the same
in making such inspection thereof; or
(2) refuses to give copies or extracts to any person entitled
to obtain the same,
he shall be guilty of an offence.
(1) Where the occupier of any premises prevents theowner thereof from obeying or carrying into effect any provision
of this Ordinance, and is required by notice in writing to permit
the execution of any works required to be executed for the
purpose of obeying or carrying into effect the provisions of this
Ordinance, then, if, within twenty-four hours after service of
the written notice such occupier fails to comply therewith, he
shall be liable on summary conviction to a fine of five pounds
for every day during the continuance of such non-compliance.
(2) If the occupier of any premises, when requested by or
on behalf of a local authority to state the name and address of
the owner of the premises occupied by him, refuses or wilfully
omits to disclose, or wilfully mis-states the same, he shall be
guilty of an offence.
The officers of a local authority and such other personsas shall be duly authorised by a local authority shall have power
to enter, examine, or lay open any lands or premises within the
area under the jurisdiction of such local authority for any of the
purposes of this Ordinance or of any Ordinance to which such
local authority is authorised to give effect under section 60, and
the owner or the occupier of such lands or premises who refuses
after written notice to permit the same to be entered upon,
examined or laid open for the purposes aforesaid shall be guilty
of an offence.
vVhere, under this Ordinance, a declaration or oath isrequired to be made or taken by the holder of any office or other
person before a local authority, or any committee or any person,
such local authority, committee or person, shall have authority
to receive and administer the same without any commission or
authority other than this Ordinance.
Rural Area [Cap. 75 753
No matter or thing done and no contract entered into Protection ofby a local authority, and no matter or thing done by any ~~~t~orities
member or officer of a local authority or other person whomso- a~d the}r
ever acting under the direction of a local authority, shall, if ~er~~~al rom
the matter or thing were done or contract were entered into liability.
bona fide for the purpose of executing this Ordinance, subject
any member or officer of the local authority or any person
acting under the direction of the local authority personally to
any action, liability, claim or demand whatsoever.
Governor in Council for the approval of, or consent to, any sale,
loan or other financial arrangement under this Ordinance,
notice of the intention to make the application shall be published
one month at least before the application, and a copy of the
intended application shall, during that month, be kept in the
office of such local authority and be open to public inspection.
(2) If the Governor in Council either refuses the approval or
consent or grants it conditionally or under qualifications, notice
of the correspondence between the Governor and the council
shall forthwith and during one month be published, and a copy
of the correspondence shall, during that month, be kept in the
office of the local authority and be open to public inspection.
Ordinance, it shall be lawful for the Governor in Council after
consultation with the Rural Area Council by Order-
(a) to revoke, amend, vary, or add to any of the provisions
or forms in the schedules (other than those occurring in
Part IV of the Second Schedule) and to substitute other
provisions and forms therefor; and
(b) to define, alter or vary the limits of boundaries of any
village group, village area or rural district.
(1) Any person guilty of an offence against this Ordinancefor which no special penalty is provided shall be liable on
summary conviction to a fine of ten pounds or in default of
payment, to imprisonment for two months.
(2) Where any holder of a licence issued under the provision
of this Ordinance is convicted of an offence involving a breach
of the terms or conditions of his licence, the court convicting him
may order that the licence be revoked, or suspended and thereafter the rural district council concerned may refuse the re-issue
or renewal of the licence.
Notice of
application to
Governor in
Amendment
of schedules.
Boundaries.
General
penalty.
Rules.
Bye-laws.
131. {l) The Governor, after consultation with the Rural
Area Council, may make rules dealing with any of the following
matters-
(a) the establishment, regulation, control, maintenance
and management of markets, slaughter-houses, public washhouses and cemeteries;
(b) the provision, regulation, control, maintenance and
management of water supplies;
(c) the removal and disposal of night soil;
(d) the imposing upon the owners of land of such restrictions as may be necessary to prevent any buildings upon their
land from being, or becoming, a source of danger to surrounding property, whether from fire or from their insecure construction, or dilapidated condition;
(e) traffic in the streets, and the width of streets and other
public places;
(f) the prevention of the obstruction of streets and other
public places by animals and things;
(g) the prohibition, regulation and control of street tradmg;
(h) the construction and position of new buildings, the
demolition, or alteration, of buildings erected contrary to
any rules made under this section, or to any directions given
by any person authorised by any such rules to give directions
with regards to the erection and position of new buildings;
(i) the prohibition of building on such areas as may be
prescribed;
(j) the prohibition of the digging of borrow pits, and the
taking of building material, except from appointed places;
(k) The fees to be charged in connection with any of the
aforesaid matters contained in this section;
(Z) the prevention of contravention of rules made under
this section, and the facilitating of the detection of such
contraventions; and
(m) generally for carrying out the provisions of this
{2) Rules made under this section may apply to the whole,
or any part, of the district and to all or any class or classes of
persons.
(l) The Rural Area Council may from time to timemake under the common seal such bye-laws as to them seem
meet-
(a) for the health, order and good government of the whole
or any part of the Rural Area;
(b) for the prevention of vagrancy and the suppression of
nuisances; and
(c) for the issue of licences and permits and the payment
of fees therefor.
(2) Bye-laws made under this section may impose a :fine not
exceeding ten pounds or in default of payment imprisonment
not exceeding two months for the breach of any such bye-laws,
and in the case of a continuing offence, a further penalty not
exceeding one pound for each day after written notice of the
offence has been served on the offender.
(3) With regard to such bye-laws the following provisions
shall apply-
(a) The Rural Area Council shall not make a bye-law until
the expiration of thirty days after a notice of the Rural
Area Council's intention to make the same has been published
in the Gazette.
(b) A bye-law made by the Rural Area Council shall not
come into force unless and until it is approved by the
Governor in Council and subsequently published in the
Gazette.
(4) Any offence against such bye-law may be prosecuted
summarily.
Governor's
approval of
Bye-laws.
From and after the date on which the :first meeting of Cessation ofthe Rural Area Council is held, the Rural Areas Ordinance shall ~:~a!~:~s
cease to have effect: *
Provided that-
(1) this declaration shall be without prejudice to anything
done or suffered or any right, privilege, obligation or liability
acquired, accrued or incurred under the said Ordinance and
any such right, privilege, obligation or liability acquired,
accrued or incurred by the Rural Areas Council established
under the Rural Areas Ordinance may be enforced or discharged by the Rural Area Council established by this
Ordinance;
(2) the provisions of Parts V and VI of the Rural Areas
Ordinance shall remain in force in relation to house tax and
improvement tax assessed prior to the said date, the expres-
,. The Rural Areas Ordinance (No. 26 of 1937 as subsequently amended) was Chapter
208 of the 1946 edition of the Laws.
31 of 1953.
Savings of
Crown
Rights.
sions " District Commissioner ", " Rural Commissioner "
and " Rural Area " occurring therein being construed as
references to the President, the chairman of a rural district
council and a rural district respectively.
(3) any person holding any office or appointment under or
with the Rural Areas Council (as established by the Rural
Areas Ordinance) on the said date shall continue in such
office or appointment as if he had been appointed by the
Rural Area Council under this Ordinance; and
(4) all rules made by the Governor under the Rural Areas
Ordinance with respect to the Rural Areas and in force at
the commencement of this Ordinance shall be deemed to
have been made by the Governor in Council under the
provisions of this Ordinance and shall remain in force unW
revoked, amended or replaced under the provisions of this
Ordinance;
(5) any reference in an Ordinance to the Rural Areas
Council (established by the Rural Areas Ordinance) shall be
deemed to include a reference to the Rural Area Council
established by this Ordinance.
Save as is expressly provided in this Ordinance, theprovisions hereof shall not in any manner whatsoever affect the
rights of the Crown.
Second
Third
Village Rural District
Areas. Council.
Dublin
Ricketts
. . . }Banana Islands 1
... Area
Bure Town ... ... . ..
Mama Beach . . . . . . . . . Kent Area
Kent ... ... ... . .. }
Fore Town or Bonga Wharf .. .
Damzin ... ... ... . .. .
Tombo ...
Bandi Town or Cole Town
Kebbi Town
Kong Town
Jumu Town
Temne Town
Mama Town
Baoma Town
Bokari Town
Kerry Town
Blackie Town
Cline Town
Gegba Town
Koya Town
Rookie Town
Russell Masese ...
Totikelli
Kassi
Adjai Water
Kissi
Walhal ...
Mamudu
Tombo Area
York }
~~~~er Two :_.:.·:··. York Area
William Town (John Ohey)
Hamilton
Mambo Town
Pawama .. .
Bawbaw .. .
Sussex .. .
Sherbro Town
Lakka ...
Sandima
Ogoo Farm
Salt Pond ···I
... J
Hamilton Area
Districts .
York Rural
District
Section 3
758 Cap. 75] Rural Area
First Column. Column. Column. Column.
No.· of Repre-
Village Groups. Village Rural District Rural
Areas. Council. Districts.
Sattia
Banga Ground ...
Makombi
Karien ...
Makonkobo
Morlai ...
Bwango (Old and New)
Myla
Taymurray Sattia Area 1 York Rural
Fatoma Town District-
Josiah Town continued
Kabu
Pattam ...
Tisana ...
J
Bamp Fakai ...
Bokarie Town
Masilla ...
Susu Town
Tasso
Sine Fakai
Bomp-Rokum
Aku Town
Charles Farm
Davies Farm
Jones Farm Tasso Area 1
Large's Farm
Manka's Farm ...
Morlai's Farm
Sori Farm
William Farm
Samblama
Kissy Rural
Allen Town-Upper and Lower District
Calabar Town
Kola Tree
Myla
Pamaronko Fakai
Peacock Farm ...
Robis Wellington
Rokupr ... Area
Bassa Hill
Fode Hill
Wellington Hill Road ...
J
Wilson's Farm ... ...
Wellington
Mayenkina
Rural Area [Cap. 75 759
First Column. Column. Column. Column.
Village Groups. Village Rural District Rural
Areas. Council. Districts.
Mayeni ...
::} Wdlingt<>nThunder Hill } Klli,y Rmal
Ropoti ... ... Area- 2 District-
Bambara Town ... continued continued
Kissy
Disputed Area ...
Kamanda Farm
Kamanda Farm Road
Silla's Farm
Magnus Cole's Farm 3 Kissy Rural
Brown's Farm ... District-
Cassells' Farm ... continued
Fisher Lane
Maxwell Farm ...
Leigh's Farm ...
Spencer's Farm
Goderich
Sherbro Town
Baoma Fakai
Fonima Fakai
Gema Fakai God erich 1
Kebbi Loko Fakai Area
Lower Pendembu
Pendembu
Adonkia
Angola ...
Deodo ...
Lumley ...
}uMoykM Wilberforce
Regent Road Fakai Rural
Salt Pond Fakai 1 District
Malema Extension
Babadori Fakai
Levuma
Aberdeen Road "'}Murray Town 1Murray Town ...
Wilkinson Road ... Area
Aberdeen ... Aberdeen 1
Wilberforce ... } Wilberforce 2
Bill Station ... Area
760 Cap. 75] Rural Area
First Culumn. Column. Column. Column.
Village Groups. Village Rural District Rural
Areas. Council. Districts.
Gloucester
:: :} GloucesterCole Farm 1
Bassa Fakai ... Area
Leicester ... } Leicester 1
Leicester Road ... Area
Bathurst
JBath~et ke~Grant's Farm Mountain
Bassa Fakai 1 Rural
Foyama Fakai ... District
Wilson Fakai
Charlotte
::: l CharlotteAllen Town Road Fakai 1
Wellington Road
··J Area
Y akemi Fakai ...
Regent ... Regent Area 2
Campbell Town
Hake Town
Matindi Town
Polongwe
Tokpogehun
Gendema Fakai
Hagar Fakai
Jibina Fakai Campbell 1
Matindi Fakai
Temne Town Town Area
Yerewa Fakai
Jangalow
Benin Wharf Waterloo
Kangahun Rural
Nagbena District
Batbai ...
Fenge Town
Waterloo
Cole Town
Ansumana Fakai
Gbamgbama Hill Waterloo
Railway Line ... Area
Godwin Farm ...
Mammy Joppoh Farm
Loko Town
Loko Fakai
Gbamgaima Fakai
Soritenke Fakai
Soritenke Wharf
Comfort Hill
Gondama Hill ...
Mabure (Bure Town)
Mabure Town Road
One Mile
Neville Plantation
Jacksonville Plantation
Pawpaw Hill
Benduma Hill ...
Sorie Town (York Road)
Susu Town (Lumpa) ...
Lumpa Road to Campbell
Town ...
Lumpa Road to Mabure
Paloko ...
Brown Fakai
Crown Fakai
Davies Farm
F. A. John Farm
John Bull Fakai
Johnson Fakai ...
Kai Ribbin Fakai
Mayefera Fakai
Mosantigie
Mano Town
Motikere Hill
Hastings
Grafton ...
Congo Hill
Egbonoki
Guange ...
Kosso Town
Mendi Town
Fonema ...
Pindalahun
Temne Compound
Mendie Compound
Susu Compound
Robule Wharf ...
Rokel
Limba Corner
John Topp ...
John Topp Fakai
Second
Village
Third
Rural District
Waterloo Area-
Hastings Area
Waterloo
cont,inued
762 Cap. 75] Rural Area
Sally Fakai
Couple Farm
Kondoloh Fakai
J ewitt Fakai
Road to Rokel .. .
Simma Fakai .. .
Yams Farm
Sori Loko Fakai
Road to Jewitt Fakai ...
Maria Taylor Fakai
Railway Line .. .
Christian Ville .. .
Deep Eye Water
Devil Hole
Hill Section
Loko Town
Susu Town
Jaluahun
Rogbangba
Benguema
Samuel Town
Susannah Fakai
Bett Fakai
N'Dovoe Fakai
Puvande Fakai
Sori Fakai
Middle Town
Gbenta Fakai
Kobai
Ali Fakai
Kakanda Town
Monkey Bush
Bassa Town
Stone Town
Macdonald
Bottom Mango
Brewa Fakai
N'Gonya Fakai ...
New Town
Woni Fungba Fakai
Sukuma Town .. .
Summer Wharf .. .
Kotopema
Kani Fakai
Souvra Fakai
Pa Watai
••• •..t.
... I
... J
Second Third
Column. Column.
Village Rural District
Hastings Area-
Benguema
Area
)
Waterloo
Baponte
Sampa Town
Gbomgboima Fakai
Jabama Fakai ...
Makaiah Fakai
Narra Fakai
Scino Fakai
Vincent Fakai
William Fakai ...
Hajia Fakai
Sheri Fakai
Fabaina
Povehnn
Powaila ...
Makonomaia
Molamina
Molou
Mafola ...
Rokundoh
Robunkah
Magbamgba
Garahun
Mawani .. .
Mahaina .. .
Maswari
Masuri
Maselo ...
Madonke
Mammy Sattia Fakai ...
Mobrowne
Kola Tree
Makonkonde
Melville Fakai
Msenk Road
Koker Town
Kwama ...
Mosallay
Mobamp
Makoko ...
Lamboat Fakai
Matankla
Seri Town
Manso Fakai
Kebbi Boat Fakai
Mosenk ...
Column. Column. Column.
Village Rural District Rural
Benguema
Area-
Fabaina Area
Madonke Area
I
IWatedoo
~ Rural
jDistrict-
British
Koya
District
764 Cap. 75] Rural Area
Fogbo
Fogbo Barmouth
Mokailunga
Kai Barmouth ...
Makonte
Momenge
Mosine ...
Moshewore
Mosulimana
Salt Pond Barmouth
Manalo ...
Jeremiah Harsing Fakai
Henry Johnson Fakai
Makomba
Johnny Town ...
Toregehun
Rogberri
Motamba Yeke
Magbafti
Foofoo Water
Mokabi ...
Bongowilli
Foya Town
Makoibundu
Foma Town
Mosita ...
Batkump
Sarah Fakai
Mokimba
Sherbro Town
Robatai ...
Newton Maswari Road
Blackie Town
Moiyen ...
Kwebetik
Salt Pond
Songo
Masurinyaw
Loko Town
Taylor Town
Nine Miles
Bongra Town
Kono Town or 8 Miles
Jama Town
Kundibu
Brama Town
Second Third
Column. Column.
Village Rural District
Areas. Council.
Magbafti Area 1
British
Koya
Moballa ...
Songo Loko
Mapomponi
Molambe
Baimba Town
Gendemba
Koker Town
Makure ...
Mano Town
Mobampo
Maboikandu
Maluseni
Yamba Town
Joe Town
Nyangba Town ...
Mobere ...
Maboisana
Mafonike
Mafonike Road
Newton ...
Six Miles
Mayeno ...
William Town
Myonge Town
Pratt Fakai
Goodman Farm
Mobaula ...
Muyajia Fakai ...
Three Miles
Kali Town
Magbanamati
Mobakay
Mopayira
Maselusi
Mokando
Mokaravon
Yandehun
Turner Town
Powubu
Mobuveh
Katu Town
Five Miles
Bataima ...
S.L.-VoL. II-14
Second
Village
Third
Rural District
:::}songo Area-
··· continued
Molambe Area 1
Newton Area 1
Districts,
British
Koya
Section 17 (6).
Assessment
of annual
value.
Form l.
Form l.
Form l.
Valuers may
require
owner,
occupier or
mortgagee
to give
information.
Form 2.
Notice of
assessment
to be given
in certain
cases.
Valuers may
enter any
Notice of new
buildings,
etc.
list to be deposited and
open for
inspection.
PART I.-VALUATION OF PREMISES.
1. (1) For th~ purpose of compiling the :first Valuation List the valuers
shall before a day to be appointed by the Rural Area Council assess the
annual value of all premises assessable within the meaning of section 16 and
shall prepare and sign the :first Valuation List in the form prescribed in the
Fourth Schedule. Thereafter they shall on or before the 1st day of June
in every year a~:;sess the annual value of such assessable premises, and prepare
and sign a Valuation List in the prescribed form.
(2) If the valuers are of the opinion that the value of any premises
shown in the Valuation Roll in force at the time of assessment correctly
shows the annual value of such premises, they shall accept such valuation for
the purposes of the Valuation List then in course of preparation, but otherwise
shall revise such valuation and enter the revised valuation in such Valuation
List.
2. (1) The valuers may require any owner, occupier or mortgagee of any
premises to give his full name and address and to produce any rent book,
receipts for rents, lease, agreement or other document, and may require such
owner or the person in receipt of any rent thereof, or the person renting
such premises or part thereof, or the agent of such person to make a declaration
in writing in the form prescribed in the Fourth Schedule as to the amount of
yearly rent paid or payable for such premises, or to give any other information
which may be required for the purpose of duly making any Valuation List.
(2) Any person refusing or failing to produce any such book or document
or sign such declaration or to give any such information or signing any such
declaration knowing the same to be false shall be liable to a :fine of twenty-five
pou!lds or in default of payment to imprisonment for three months.
3. Whenever the valuers have assessed the annual value of any premises
which during the immediately preceding period of twelve months have been
erected, altered or rebuilt, or have reassessed any premises at an increased
annual value, they shall cause a notice signed by them and specifying the
annual value assessed by them to be served on the owner, occupier or mortgagee of such premises.
4. The valuers may in the discharge of their duty enter upon any
premises between the hours of six o'clock in the forenoon and six o'clock in
the afternoon on any week day not being a public holiday and any person
refusing admission to or obstructing the valuers in the discharge of their duty
shall be liable to a fine of twenty-five pounds or in default of payment to
imprisonment for three months.
5. When any new building is erected or whenever any building is
rebuilt or enlarged the owner of such building shall within :fifteen days of the
completion of work thereon or O(]CUpation thereof whichever is the sooner give
notice thereof in writing to the President. In case of failure to give such
notice the owner shall be guilty of an offence.
6. The Valuation List shall be divided into six parts corresponding with
the six rural districts. Each part shall be made in duplicate and signed by
the valuer. The original of each part shall forthwith be deposited in the
office of the Rural Area Council and the copy in the office of the appropriate
rural district council. The Rural Area Council shall forthwith cause to be
published a notice of the deposit of such list and of the parts thereof as hereby
required. Any person owning or in the occupation of or interested in any
assessable premises shall on payment of a fee of one shilling be entitled to
inspect the Valuation List at the office of the Rural Area Council or the copy
of the appropriate part at the office of the rural district council at which it is
deposited; and such person shall be entitled to take copies thereof and extracts
therefrom without payment of any further fee.
7. Any person aggrieved by any Valuation List on the ground of
unfairness or incorrectness in the valuation of any premises included therein,
or on the ground of the inclusion of any premises in or the omission of any
premises from such Valuation List, may at any time after the deposit as
aforesaid of such list, and before the expiration of twenty-one days after the
publication of the notice of the deposit, give to the Assessment Committee a
notice in writing of his objection specifying the grounds thereof. When the
ground of any objection is unfairness or incorrectness in the valuation of any
premises in respect of which any person other than the person objecting is
liable to be assessed or the omission of any assessable premises, the person
objecting shall also give notice in writing of such objection and of the ground
thereof to such other person.
8. (1) The assessment Committee shall hold meetings to hear objections
to Valuation Lists, and shall fourteen days at least before holding any meeting
except a meeting by adjournment, cause to be published notice of such
meeting; and the Assessment Committee may at any such meeting hear and
determine such objections or may from time to time adjourn any such meeting
and adjourn or postpone the hearing or further hearing and determination of
any such objections, and may direct notice in writing of any such objection
to be given by the valuers or by the persons objecting to third parties before
the further hearing thereof. When the ground of such objection is unfairness
or incorrectness in the valuation of any premises in respect of which any
person other than the person objecting is liable to be assessed, or the omission,
of any assessable premises from the Valuation List, the Assessment Committee
shall not hear any objection to such Valuation List, unless such notice as
aforesaid of such objection has been given to them and to such other person
by the person objecting, except when such other person by himself or some
other person on his behalf consents to the hearing of such objection.
(2) The Assessment Committee may, upon the hearing of objections to
Valuation Lists, examine witnesses on oath and take evidence in writing.
(3) Such witnesses shall be summoned under the hand of the President
in the same manner as nearly as circumstances permit as witnesses at a trial
in the Supreme Court.
(4) Upon the hearing of objections to the Valuation List, such person
as the President may direct shall take down in writing a full record of the
proceedings including the evidence of all witnesses examined on oath.
Objections to
Lists.
Procedure for
dealing with
objections.
9. Any person who wilfully refuses to attend in obedience to a lawful Penalty, etc.
summons of the Assessment Committee, or to give evidence or to produce any
rent book, receipts for rent, lease, agreement, or other document which may
be required to be produced before the Assessment Committee for the purpose
of ascertaining the annual value of any assessable premises in the town shall
be guilty of an offence. The Assessment Committee, after hearing the
parties interested, shall have power to order the withdrawal of all persons
from such meetings during their deliberations.
S.L.-VOL. II-14*
Assessment
Committee
may direct
further
valuation and
rnay correct
Lists.
Appeals
against
decision of
Assessment
Committee.
Section 44.
Meetings.
10. (1) The Assessment Committee may, whether any objection be or
be not made to any Valuation List and after giving any known owner,
occupier or mortgagee of the premises concerned opportunity to be heard,
make such alterations in the valuation of any premises included in the
Valuation List, and may insert therein any assessable premises omitted
therefrom, and may delete therefrom any premises which are not assessable,
and make such corrections in names, descriptions, and particulars in any
Valuation List, upon such information as to them may seem sufficient, and
may employ a person to survey and value any assessable premises comprised
in or omitted from the Valuation List, or may take such other means for
ascertaining the correctness of the Valuation List as the Assessment Committee
may think fit.
(2) The decisions of the Assessment Committee shall not require the
approval of the Rural Area Council.
(3) When the Assessment Committee has heard and determined all such
objections as aforesaid and has made all alterations, insertions and corrections
in the Valuation List, it shall approve the same and thereupon such Valuation
List shall become a Valuation Roll.
11. (1) Any person who-
(a) has appealed to the Assessment Committee and is aggrieved on
account of its decision, or
(b) is aggrieved by any alteration to the Valuation List made by the
Assessment Committee of its own motion,
may at any time within fourteen days after the publication of the notice of the
deposit of the Valuation Roll appeal to a Police Magistrate.
(2) The appellant shall give to the Assessment Committee seven clear
days' notice in writing of his intention to appeal and the grounds thereof.
(3) The Police Magistrate shall hear and determine the appeal, and either
allow or disallow the same, or make such order as shall be just.
(4) The Police Magistrate shall, subject to this Ordinance, have the same
powers, jurisdiction and authority with respect to such appeals and the
proceedings therein and to the costs as if the appeal were an ordinary suit.
(5) Any person who has appealed to a Police Magistrate and is aggrieved
on account of the decision on his appeal may within fourteen days appeal to
the Supreme Court whose decision shall be final.
(6) Where the Police Magistrate orders the Valuation Roll to be amended,
and no appeal has been lodged in the prescribed period, or if an appeal has
been lodged and the Supreme Court orders the Valuation Roll to be amended,
the Assessment Committee shall cause the Valuation Roll to be amended in
conformity with the decision so made, and shall add to such amendments the
words " by order of the Court."
PART !I.-STANDING ORDERs OF LocAL AuTHORITIES.
1. A meeting of a local authority shall be convened by the chairman at
least once in every quarter and at such other times as the chairman may
appoint:
Provided that the chairman shall convene a meeting within fourteen
days whenever so requested in writing by any two or more members of the
local authority.
Rural Area [Cap. 75 769
2. At every meeting of a local authority, the chairman or in his absence, Presiding
his deputy, shall preside: Member.
Provided that in the absence of both the chairman and his deputy a rural
district council or a village committee shall appoint one of its members to
preside.
3. All acts whatsoever hereby authorised or required to be done by a Voting.
local authority and all questions that may come before a local authority shall
be done and decided by the majority of votes:
Provided that a local authority shall not be disqualified from the transaction of business by reason of any vacancy or vacancies among members:
Provided further that no business, except that of adjournment, shall be
transacted unless there be present-
(i) in the case of a village committee, at least four members;
(ii) in the case of a district council, or the Rural Area Council, at
least six members:
Provided further that whenever the post of President is vacant, the
members of the Rural Area Council shall elect a President.
4. The chairman or member presiding shall have an original vote in Chairman's
common with the other members, and also a casting vote if upon any question vote.
the votes be equal.
5. A local authority may from time to time appoint out of their number Committees.
such and so many committees, either of a general or special nature, and
consisting of such number of persons as it shall think fit, for any purpose
which the local authority may think would be better regulated or managed
by means of such committees and any such committee may include persons
who are not members of the local authority:
Provided that the proceedings of every such committee shall, except as
herein otherwise provided, be submitted to the local authority for approval,
and shall be subject to such approval.
6. (1) Minutes of all the proceedings of a local authority shall be Minutes.
regularly kept by the member or officer appointed in that behalf by the local
authority in a Minute Book kept for that purpose; and, at each meeting of the
local authority, the minutes of the last preceding meeting shall be read over
and confirmed or amended, as the case may require, and shall be signed by the
chairman or member presiding.
(2) The Minute Book shall be open to inspection during office hours by
any person whose name appears on the Voters List on payment of a fee of
one shilling.
(3) The chairman of a village committee shall furnish the chairman of the
rural district council to which the village committee is subordinate and the
President with certified copies of the minutes after confirmation by the
village committee.
(4) The chairman of a rural district council shall furnish the President
and the Minister with certified copies of the minutes after confirmation
by the rural district council.
(5) The President shall furnish the Minister with certified copies of
the minutes after confirmation by the Rural Area Council.
First meeting
of village
committee
after geneml
election.
First meeting
of a rural
district
council after
general
election.
Section 80.
7. The first meeting of a village committee after a general election shall
be held at the office of the village committee or at such other place as the
President may determine as soon as conveniently may be after such election
and the first business to be transacted thereat shall be the election of a
chairman.
8. The first meeting of a rural district council after a general election
shall be held at the office of the rural district council or such other place as
the President may determine and the first business to be transacted thereat
shall be the election of a chairman.
9. Until the chairman of a local authority is elected or appointed as the
case may be, a member may be elected by the meeting to preside over the
meeting.
10. (1) The Rural Area Council shall have power to co-opt any Government official as a member for any particular meeting.
(2) A co-opted member shall not have a vote and shall not be deemed to
-be a member for the purpose of forming a quorum.
PART I.
For every licence to any-
1. Hawker or pedlar of manufactured
goods not being articles of food ...
2. Hawkers of articles of food and
non-alcoholic drink for hum~m consumption
3. Hotel, Inn or Common Lodging
House-Keeper (a separate licence shall be
required in respect of each Hotel, Inn or
Common Lodging House)
4. Restaurant keeper (a separate Yearly
Restaurant)
5. Vendor of Patent Medicines (a Yearly
separate licence shall be required in respect Half-yearly
of each shop, store or other place of
business)
6. Vendor of herbs or herbal Yearly
medicines Half-yearly
7. Registered money-lender (a separate licence shall be required in respect of
each place of business)
8. Palm Wine tapper
0 3 0
Free
10 0 0
5 0 0
5 0 0
3 0 0
2 0 0
1 5 0
2 0 0
1 5 0
12 0 0
7 0 0
5 0 0
3 5 0
9. Dealer in palm wine (a separate Yearly
shop, store or other place of business)
10. Hewer of wood for sale or barter Yearly
as fuel Half-yearly
11. Burner of charcoal for sale or Yearly
barter Half-yearly
12. Vendor of firewood (a separate Yearly
shop, store, or other place of business)
13. Vendor of charcoal (a separate Yearly
shop, store, or other place of business)
PART II.
For every licence-
1. For a cart, truck, wagon or other Yearly
such vehicle, not being a motor-vehicle for Half-yearly
the conveyance of any goods in the course
of trade or husbandry, if the same shall
have four or more wheels
2. For a bicycle or tricycle not drawn Yearly
or propelled by mechanical power
PART III.
For every licence-
To hold any concert, dancing, musical,
theatrical or other entertainment to which
admission is to be obtained on payment of
any money or reward (except when the
proceedings go wholly to charity)
Ditto (when the proceedings go wholly
to charity)
Quarterly
Single entertainment
1 0 0
0 12 6
1 0 0
0 12 0
2 0 0
1 5 0
0 3 0
0 3 0
0 10 0
0 6 0
0 10 0
2 10 0
1 10 0
0 17 6
Free
772 Cap. 75] Rural Area
Form 1. (Second Schedule, Part I, paragraph 1.)
VALUATION LIST.
I Number of
house or Description Annual
Name of plot of land of Name of Name of rateable Remarks
Street in Street Premises Owner Occupier value
Form 2. (Second Schedule, Part I, paragraph 2.)
DECLARATION AS TO YEARLY RENT OF PREMISES.
Name ....................................................................... .
Premises ................................................................. .
Rented from .................................................... ..
or let to ................................................................. .
Rent per annum ............................................... .
Date ................................... .l9 ...... .
I, .......................................... of. ......................................... do
hereby declare that the rent payable
byjto me in respect of the premises
No......................... in .................................... Street,
rentedjlet by me ....................... .from. ................ .
mejto .................................. ..is at the rate of
.................................... per annum.
Declared .................................... l9 ...... .
Before me ................................... .
Valuer.
Signature or mark of
Declarant.
Form 3. Section 98.
RATE.
An assessment for the Rate of the Rural District of........................................................................ made by the Rural District Council on
this .............................. day of.. ...................................................................... , 19 ............ , at the rate of.................................... pence in the pound.
Rate at d. in the
Arrears Due or Name of Name of Description of Property Name or Situation Estimated Annual Pound subject to
if Excused Occupier Owner Rated of Property Extent Value a minimum rate
of 5s.
£ 8. d. £ 8. d. £ 8. d.
l ...
2 ...
3 ...
4 ...
I
I I I I
f.,.....
r--1
n
'?
'I
C11
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