First Schedule. (2), The Bo Town Council Short title

PART l.-VALUATION OF BUILDINns. 1. (1) For the purpose of compiling the first Valuation List under this Ordinance- (a) the Minister shall appoint one or more fit and proper persons to assess the annual value of all buildings assessable within the meaning of section 10, and such person or persons shall forthwith prepare and sign a Valuation List in the Form 1 prescribed in the Third Schedule to this Ordinance, and shall forthwith deposit such List at the office of the District Commissioner; (b) the person or persons so appointed by the Minister shall be deemed to be valuers appointed by the Council in terms of section 11 of this Ordinance ; Section II (3). Special provisions for first valuation. Form 1. Annual Assessment. Form l. Valuers may require information. Form 2. assessment to be given in certain cases. Valuers may enter any Notice of new building, etc. Lidt to be deposited and open for inspection. (c) paragraphs 3 and 5 of this Part shall have no force or effect, and the remainder of the paragraphs of this Part shall be read as if the words " District Commissioner " were substituted for the words " Assessment Committee " " Chairman " and " Town Clerk " whenever they occur. (2) Thereafter the valuers appointed by the Council in terms of section 11 of the Ordinance shall on or before the first day of June in every year assess the annual value of all buildings assessable within the meaning of section 10 and shall prepare and sign a Valuation List in the Form 1 prescribed in the Third Schedule to this Ordinance, and if the valuers are of the opinion that the value of any buildings shown in the Valuation Roll in force at the time of assessment correctly shows the annual value of such buildings, 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 the Valuation List. 2. (1) The valuers may require any owner, occupier or mortgagee of any building to give his full name and address and to produce any rent book, receipt for rent, lease, agreement or other document and may require such owner, or the person in receipt of any rent thereof, or the person renting such building or part thereof, or the agent of such person, to make a declaration in writing in the Form 2 prescribed in the Third Schedule to this Ordinance as to the amount of yearly rent paid or payable for such building, or to give any other information which may be required for the purpose of duly making the Valuation List. (2) Any person refusing or failing to produce any such book or document or to sign such declaration or to give any such information, or signing any such declaration knowing the same to be false, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding twenty-five pounds, or, in default of payment, to imprisonment for a period not exceeding three months. 3. Whenever the valuers have assessed the annual value of any building which during the immediately preceding period of twelve months has been erected, altered or rebuilt, or have re-assessed any building 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 building. 4. The valuers may, in the discharge of their duty, enter any building 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 guilty of an offence and liable, on summary conviction, to a fine not exceeding twentyfive pounds or, in default of payment to imprisonment for a period not exceeding 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 occupation thereof, whichever is the sooner, give notice thereof in writing to the Town Clerk. In case of failure to give such notice, the owner shall be guilty of an offence against this Ordinance. 6. The Valuation List made and signed by the Valuers shall forthwith be deposited in the office of the Town Clerk who shall forthwith cause to be published a notice of such deposit. Any person owning or in the occupation of or interested in any assessable building shall be entitled to inspect the Valuation List and to take copies thereof and extracts therefrom on payment of a fee of one shilling. 7. Any person aggrieved by the Valuation List on the ground of unfairness or incorrectness in the valuation of any building included therein, or on the grounds of the inclusion of any building in or the omission of any building from the 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 grounds of any objection is unfairness or incorrectness in the valuation of any building in respect of which any person other than the person objecting is liable to be assessed, or the omission of any assessable building from the Valuation List, the person objecting shall also give notice in writing of such objection and of the grounds thereof to such other person. 8. (1) The Assessment Committee shall hold meetings to hear objections to the Valuation List, and shall, fourteen days at least before holding any such meeting, except a meeting by adjournment, cause to be published notice of such meetings; 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 obje~ting, to third parties before the further hearing thereof. When the ground of such objection is unfairness or incorrectness in the valuation of any building in respect of which any person other than the person objecting is liable to be assessed, or the omission of any assessable building from the Valuation List, the Assessment Committee shall not hear any objection to the 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 any objection to the Valuation List, examine witnesses on oath and take evidence in writing. (3) Such witnesses shall be summoned under the hand of the Chairman 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 Chairman may direct shall take down in writing a full record of the proceedings including the evidence of all witnesses examined on oath. Objections to List. Procedure for dealing with objections. 9. Any person who wilfully refuses to attend in obedience to a summons Penalty. issued under the preceding paragraph, or to give evidence before the Assessment Committee or to produce any rent book, receipt 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 building in the Town shall be guilty of an offence against this 10. The Assessment Committee, after hearing the parties interested, Committee shall have power to order the withdrawal of all persons during the deliberations may deliberof the Committee. ate in private. Committee may direct further valuation and correct List. Appeals against a decision of Committee. Section 38 (2). Meetings of the Council. 11. (1) The Assessment Committee may, whether any objection be or be not made to the Valuation List and after giving any known owner, occupier or mortgagee of the building concerned an opportunity of being heard, make such alterations in the valuation of any building included in the Valuation List, and may insert therein any assessable building omitted therefrom, and may delete therefrom any building which is not assessable, and may make such corrections in names, descriptions and particulars in the Valuation List, upon such information as to them may seem sufficient, and may employ a person to survey and value any assessable building 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 Council. (3) When the Assessment Committee has heard and determined all objections to the Valuation List 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. 12. (1) Any person who- (a) has appealed to the Assessment Committee and is aggrieved on account of its decisions, 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 Magistrate having jurisdiction within the Town. (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 Magistrate shall hear and determine the appeal, and either allow or disallow the same, or make such order as shall be just. (4) The :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 thereof as if the appeal were an ordinary suit. (5) Any person who has appealed to a 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 :Magistrate orders the Valuation Roll to be amended, and no appeal has been lodged within 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 order so made, and shall add to any such amendment the words " by order of the Court." PART H.-STANDING ORDERS OF THE CouNCIL. 1. A meeting of the Council shall be convened by the Chairman on the last Thursday in every month, and at such other time as the Chairman may appoint: Provided that the Chairman shall convene a meeting within fourteen days whenever so requested in writing by any four or more Councillors. ..•:J Bo Town Council [Cap. 80 919 2. At every meeting of the Council the President or the Chairman Presiding shall preside: Councillor. Provided that in the absence of both the President and the Chairman the Council shall appoint one of the Councillors to preside. 3. All acts whatsoever hereby authorised or required to be done by the Voting. Council and all questions that may come before the Council shall be done and decided by the majority of votes: Provided that the Council shall not be disqualified from the transaction of business by reason of any vacancy or vacancies among the Councillors: Provided further that no business, except that of adjournment, shall be Quorum. transacted unless there be present at least five Councillors. 4. The Councillor p.residing shall have an original vote, and, if upon any Casting vote. question the votes be equal, a casting vote. 5. Minutes of all proceedings of the Council shall be regularly kept by Minutes. the Town Clerk, or, until the appointment of such an officer, such other person as the Council may appoint in that behalf, in a Minute Book kept for that purpose; and, at each meeting of the Council, 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 Councillor presiding: Provided that if a copy of the minutes has been circulated previously to each member of the Council, they shall be taken as read. 6. The Minute Book shall be open to inspection at the office of the Town Clerk during office hours by any person whose name appears on the Voters List on payment of a fee of one shilling. 7. Except where the Council varies the order of business on the grounds Order of of urgency, the order of business at every meeting shall be- business. (a} to choose a Councillor to preside if both the President and Chairman be absent; (b) to read and approve as a correct record the minutes of the last meeting of the Council; (c) to receive such communications as the Chairman may desire to lay before the Council; (d) to receive and consider the trial balance as submitted by the Treasurer for the previous month; (e) to answer any questions asked pursuant to Standing Order 11; (f) to dispose of business (if any) remaining from the last meeting; (g) to receive and consider reports or minutes of committees; (h) to receive and consider reports from officers of the Council; (i) to authorise the signature or sealing of documents where required; (j) to consider notices of motion in the order in which they have been received; (k) other business, if any, of which due notice has been given to the Town Clerk: Provided that the Council may at any meeting vary the order of business so as to give precedence to any business which in the opinion of the Councillor presiding is of special urgency. Motions. Motions without notice. Questions. 8. Except as provided by Standing Order 9 every notice of motion shall be in writing, signed by the member or members of the Council giving the :notice and delivered at the Town Clerk's office not later than lVIonday in the week before the next meeting of the Council. The Town Clerk shall date the motion and number it in the order in which it is received and enter it in a book which shall be open to the inspection of every member of the Council. Motions for which notice has been duly given, the subject matter of which comes within the province of a committee shall upon being moved and seconded stand referred without discussion to such committee for consideration and report: Provided that the Councillor presiding may, if he considers it convenient, allow such a motion to be dealt with at the meeting at which it is brought forward. 9. The following motions may be moved without notice- (a) The appointment of a Councillor to preside over the meeting in the absence of the President and the Chairman. (b) Motions relating to the accuracy of the minutes, adjournment, or order of business. (c) Reference to a committee. (d) That the Council do resolve itself into Committee. (e) Appointment of a committee or members thereof so far as arises from an item mentioned in the summons to the meeting. (f) Adoption of reports and recommendations of committees or officers and any consequent resolutions. (g) Amendments to motions. (h) Authorising the signature or sealing of documents. (i) That an item of business have precedence. (j) Suspending Standing Orders. (k) Excluding the public. (l) That a member named under Standing Order 27 be not further heard, or do leave the meeting. 10. A member of the Council may ask the Chairman of a committee any question upon the proceedings of the committee then before the Council, if the question is put before the Council's consideration of those proceedings is concluded. 11. A member of the Council may, if two clear days notice has been given to the Town Clerk, ask the Chairman or the Chairman of any committee any question relating to the business of the Council, provided that with the permission of the Councillor presiding a member may put to him or to the Chairman of any committee questions relating to urgent business of which such notice has been given. 12. Every question shall be put and answered without discussion but the person to whom a question has been put may decline to answer. 13. Where the reply to any question cannot conveniently be given orally it shall be deemed a sufficient reply if the answer is circulated to members of the Council with the minutes of the meeting at which the question was asked. 14. As soon as the minutes have been read, or if they are taken as read, the Councillor presiding shall put the question that the minutes of the meeting of the Council, held on the .................................... day of... .............. ,.................. be signed as a true record. No motion or discussion shall take place upon the minutes except upon their accuracy. If no such question is raised then as soon as it has been disposed of, the Councillor presiding shall sign the minutes. 15. A motion or amendment shall not be discussed unless it has been proposed and seconded and unless notice has already been given in accordance with Standing Order 8 it shall be reduced to writing and handed to the Councillor presiding before it is further discussed or put to the meeting. 16. A member shall stand when speaking and addressing the Councillor presiding. If two or more members rise the Councillor presiding shall call on one to speak. 17. A member shall direct his speech to the question under discussion or to a question of order. 18. An amendment shall be either- (a) to leave out words; (b) to leave out words and insert or add others; (c) to insert or add words; but such omission or insertion of words shall not have the effect of introducing a new proposal into or of negativing the motion before the Council. 19. If an amendment be rejected, other amendments may be moved on the original motion. If an amendment be carried the motion as amended shall take the place of the original motion; and shall become the motion upon which any further amendment may be moved. 20. A further amendment shall not be moved until the Council shall have disposed of every amendment previously moved. Rules of Debate. Amendments to motions. 21. A member shall not speak more than once on any motion except Speeches. to move a further amendment or on any amendment except on a point of order or by way of personal explanation, or to move "that the question be now put " or in the case of the proposer of a motion to reply at the close of the debate upon such motion immediately before it is put to the vote. 22. A member may at the conclusion of a speech of another member move without comment " that the question be now put ", "that the debate be now adjourned," "that the Council proceed to the next business" or" that the Council do now adjourn" on the seconding of which the Councillor presiding if in his opinion the question before the meeting has been sufficiently discussed, shall put that motion to the vote. 23. A member may rise to a point of order or in a personal explanation, Points of but a personal explanation shall be confined to some material part of a order. former speech by him at the same meeting which may have been misunderstood. A member so rising shall be entitled to be heard forthwith. 24. The ruling of the Councillor presiding on a point of order or on the admissibility of a personal explanation shall not be open to discussion. 25. Whenever the Councillor presiding rises during a debate a member then speaking or standing shall resume his seat and the Council shall be silent. 922 Cap. 80] Bo Town Council 26. When a motion is under debate no other motion shall be moved except the following- (a) to amend the motion; (b) to postpone consideration of the motion; (c) to adjourn the meeting; (d) to adjourn the debate; (e) to proceed to the 11ext business; (j) that the question be now put; (g) that a member be not further heard; (h) that a member do leave the meeting; (i) that the subject of debate be referred back to a committee. Preservation 27. If at a meeting any member of the Council, in the opinion of the of order. Councillor presiding, misconducts himself by persistently disregarding the ruling of the chair, or by behaving irregularly, improperly or offensively, or by wilfully obstructing the business of the Council it shall be competent for a member to move "that the member named be not further heard" or " that the member named do leave the meeting " and the motion if seconded shall be put and determined without discussion. Rescinding previous resolutions. Nomination of candidates. Financial motions. Admittance of the public. Appoint· menta by the 28. If after a motion under the foregoing Standing Order has been carried the misconduct or obstruction is continued and in the opinion of the Councillor presiding renders the due and orderly dispatch of business impossible, the Councillor presiding, in addition to any other powers vested in him, may without question put, adjourn or suspend the sitting of Council for such period as he shall consider expedient. 29. No motion which in effect rescinds or is contrary to any resolution passed within the preceding six months or to the same effect as one which has been negatived within the preceding six months shall be proposed unless the Potice thereof bears the name of at least six members of the Council. 30. Where there are more than two persons nominated for any position to be filled by the Council and of the vote given there is not a majority in favour of one person, the name of the person, having the least number of votes shall be struck off the list and a fresh vote shall be taken, and so on until one person has the majority of votes. 31. Any motion moved otherwise than in pursuance of a recommendation of the Finance Committee which if carried would materially increase the expenditure of the Council or reduce its revenue or would involve capital expenditure shall when proposed and seconded stand adjourned without discussion to the next ordinary meeting of the Council and any committee affected by such motion (including the Finance Committee) shall report thereon. 32. The public shall be admitted to all meetings of the Council not being meetings of the Council in Committee so far as there is accommodation but at any meeting the Council may tflmporarily exclude the public owing to the special nature of the business being dealt with if they deem such exclusion reasonable in the public interest. If a member of the public interrupts the proceedings at any meeting the Councillor presiding may, after warning, order his removal from the Council Chamber. 33. Canvassing of members of the Council directly or indirectly for any appointment under the Council shall disqualify a candidate for such appointment. The purport of this paragraph of this Standing Order shall be included in every advertisement inviting applications for appointment. A member of the Council shall not solicit for any person any appointment under the Council or recommend his promotion. 34. All vacancies to be filled in the Council's staff unless they are to be filled by promotion or transfer shall be publicly advertised, and if there is more than one applicant a short written examination shall be held to assist the committee or the Council in selecting the most suitable applicant. 35. When the Council acquires a Common Seal it shall be kept in some safe place in the custody of the Town Clerk and shall not be affixed to any document unless this has been authorised by a resolution of the Council. The seal shall be attested by the Chairman and the Town Clerk. 36. Payments on behalf of the Council shall be authorised by means of an order on the Treasurer signed by two members present at the meeting of whom one shall be the Councillor presiding and countersigned by the Town Clerk. 37. A member of the Council shall not claim the right, unless authorised to do so by the Council or a committee thereof, to enter upon or issue any order respecting any works which are being carried out on behalf of the Staff vacancies. Custody of the Common Seal. Payments. Works. 38. The Council shall at its first meeting after each annual election, Committees. appoint such standing committees as it may consider necessary to carry out the work of the Council. 39. A member of a committee of the Council shall not without its permission disclose a matter dealt with or brought before that committee until the committee shall have reported to the Council or shall have otherwise concluded action on the matter. 40. The following committees shall be the standing committees of the Council- !. Finance and General Purposes; 2. Works; 3. Rating and Valuation. 41. The Chairman shall be an ex-officio member of every standing committee appointed by the Council. The Finance and General Purposes Committee shall consist of all members of the Council. Every other committee shall include not more than five members of Council. 42. Every committee appointed by the Council may appoint subcommittees if it considers them necessary for the expeditious dispatch of business, but no act of a sub-committee shall have effect until approved by the committee. 43. No business shall be transacted at any meeting of a committee unless at least three members are present. 44. All questions in committee shall be determined by show of hands by the majority of the members present and voting. 45. The member of the Council who has proposed a motion which has been referred to any committee shall have notice of the meeting of the committee at which it is proposed to consider the motion and shall be allowed to attend to ex-plain it. Miscellaneous. Section 68. Section 69. Section 70. 46. Any motion to vary or revoke these Standing Orders shall, when proposed and seconded, stand adjourned without discussion to the next ordinary meeting of the Council. 47. A copy of the Ordinance and of these Standing Orders shall be given to each member of the Council by the Town Clerk upon delivery to him of the member's declaration of acceptance of office.