55Power of the Governor General in Council and the Local Government to make rules
So far as may be consistent with the provisions of this Act--
(1) the Governor General in Council may--
(a) make general rules or special orders for the regulation of taxation under section 30; and
1[(b) regulation the powers of district boards to make vary and dispose of investments;]
(2) the Local Government may, for any district or local board, or any class of such boards, make rules for 2[Rules made under clause (2)(b) shall be subject to the control of the Governor General in Council]--
(c) dividing boards into classes, and fixing the powers of boards of each class ;
(d) determining the mode and time of appointment or election of members of boards, the term of office, allowances (if any), and the qualifications and disqualifications of such members, and the qualifications and disqualifications of voters, and generally for regulating all elections under this Act;
(e) regulating the. powers of boards to transfer property;
(f) regulating the powers of boards to contract and do other things necessary for the purposes of their constitution and the mode of executing contracts;
(g) determining the intermediate offices, if any, through which correspondence between boards or members of boards and the Local Government or its officers shall pass;
(h) determining the language in which business shall be transacted;
(i) the employment, payment, suspension and removal of officers and servants under section 27;
(j) the apportionment of the district fund between the general purposes of the district and. the purposes of particular parts of the district;
(k) the application of district funds;
(l) the form of estimates of income and expenditure under section 39;
(m) the form of accounts and. the manner of periodical audit under section 40;
(n) the publication of abstracts of accounts under section 43;
(o) the preparation of plans and estimates for works which are to be partly or wholly constructed at the expense of boards, and as to the authority by which, and the conditions Subject to which, such plans and estimates may be sanctioned;
(p) the powers of supervision to be exercised by Commissioners and Deputy Commissioners under section 50 ;
(q) the conduct of proceedings of boards, including the fixing of a quorum, the appointment or election of a chairman, and the term of office of a chairman and vice-chairman;
(r) the appointment and payment of auditors of the accounts of boards; and
(s) the guidance of district boards when suits or other proceedings are intended to be or have been instituted by or against them in Civil Courts; and
(t) generally determining the relations between district boards and local boards, and guiding boards and Government officers in all matters connected with the carrying out of the provisions of this Act.
All such rules and alterations of rules shall be notified, and no rules or alteration of rules under clause (2) (d) shall come into operation until three months-after-they have been notified 3[Rules made under clause (2)(b) shall be subject to the control of the Governor General in Council].
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1. Ins. by Act 4 of 1914, s. 2 and the Schedule.
2. Added by s. 2 and the Schedule, ibid.
3. Added by Act 4 of 1914, s. 2 and the Schedule.
- 1 Short title
- 2 Repeal of Act V of 1878
- 3 Definitions
- 4 Powers exercisable from time to time
- 5 The local rate
- 6 Road, school and post cesses to merge in the rate
- 7 Liability for local rate
- 8 Power to recover a share of the rate from occupancy-tenant
- 9 Appropriation of proceeds of local rate
- 10 Establishment of district and local boards
- 11 Number and appointment or election of members
- 12 Term of office of members
- 13 Resignation of members
- 14 Powers of the Local Government as to removal of mothers
- 15 Filling of casual vacancies
- 16 Incorporation of district boards
- 17 Time for district and local boards coming into existence
- 18 Chairman
- 19 Vice-chairman
- 20 Duties of district board
- 21 Duties of local board
- 22 Limits on expenditure of local board
- 23 Power for district board to provide for performance of duty in default of local board
- 24 Joint committees
- 25 Record and publication of proceedings
- 26 Power to make rules as to business and affairs
- 27 Employment of officers and servants
- 28 Pensions of Government officials serving boards
- 29 Pensions of servants of boards
- 30 Powers of taxation conferred on district boards
- 31 Procedure in imposing taxes
- 32 Reduction and abolition of tax
- 33 Levy of fees
- 34 Additional funds to be provided by the Government
- 35 District fund
- 36 Vesting, custody and investment of district fund
- 37 Application of district fund
- 38 Works or undertakings benefiting several districts
- 39 Annual estimates of income and expenditure of district boards
- 40 Accounts of district boards
- 41 Estimates and accounts of local boards
- 42 Inspection of estimates and accounts
- 43 Publication of abstract of accounts
- 44 Control of Commissioner and Deputy Commissioner over boards and joint committees
- 45 Power to suspend action
- 46 Extraordinary powers of Deputy Commissioner in ease of emergency
- 47 Power to provide for performance of duties in case of default of board
- 48 Power to invest other officers with power of control
- 49 Report of action under preceding sections
- 50 Powers of Local Government and its officers over boards
- 51 Power of Local Government to supersede in case of incompetency, persistent default abuse of powers
- 52 Consequences of supersession
- 53 Constitution of new board, and transfer of functions of superseded local boards
- 54 Disputes
- 55 Power of the Governor General in Council and the Local Government to make rules
- 56 Power to make regulations
- 57 Penalty for infringement of regulations
- 58 Prosecutions
- 59 Liability of members of boards
- 60 Procedure for making rules and regulations
- 61 Acquisition of land
- 62 Penalty on member, officer or servant being interested in contracts made with a board or joint committee
- 63 Saving for Act XI of 1879
- 64 General powers of Local Government and Commissioners
- 65 Contracts of local Committees
- 66 Government officers serving under committees to continue under board
- 67 Power of Local Government to except local area from operation of Act
- 68 Committee to be constituted for district wholly excepted from Act
- 69 Power to direct that Act XX of 1856 shall cease to be in force
- 70 Recovery of rates
- 71 Local rate or tax how to be assessed and collected
- 72 Appeals
- 73 Instalments of rates and taxes
- 74 Power of Local Government to exempt from taxation
- 75 Power to direct measurements
- 76 Suits relating to rates and taxes under this Act cognizable by Courts having cognizance of suits for rent
- 77 Confirmation and recovery of existing rates
- 78 [Repealed.]
- 79 [Repealed.]