(iii) for scavenging and the removal and
disposal of excreta;
(I) for the regulation of the keeping of
dogs and other animals;
(m) for preventing and extinguishing fires;
(n) for cemeteries and graves;
(o) for the destruction of insects;
(p) for suppression and abatement of nuisances;
(q) for the entry of authorized officers of the Council upon premises
for the purposes of this Act or of any by-law or regulation made thereunder;
(r) for imposing such restrictions upon owners of land in villages as
may be necessary to prevent any building upon such land from being or becoming a source of
danger to surrounding property, whether from fire or from its insecure construction or
dilapidated condition;
(s) for ensuring that sound environmental practices are adhered to by
all persons within the village; and
(t) generally for the proper carrying out of the provisions of this Act
and for the efficient governing of the village.
(2) before submitting the proposed
by-laws to the house in accordance with the next following section, the Council shall call
a general meeting of the village and present the by-laws to the consideration of the
villagers. No by-laws shall be presented to the House unless they have been approved by a
majority of those present at such meeting.
24. (1) By-laws and regulations made by a Council shall be
submitted to the Clerk of the National Assembly, who shall cause them to be examined and
certified as being legally constructed for presentation to the National Assembly and shall
be subject to affirmative resolution of the National Assembly.
(2) After the National Assembly has
approved the bylaw or regulations the same shall be published in the Gazette and on the
radio, and shall come into force on the date of such publication in the Gazette.
(3) The by-laws may impose upon persons summarily convicted by the
magistrate's court for an infraction of a by-law reasonable penalties not exceeding a fine
of one thousand dollars, and in the case of a continuing offence a further penalty not
exceeding a fine of fifty dollars for each day after conviction that the offender
continues to violate the by-law.
(4) All by-laws made under this Act shall have the force and effect of
law within the limits of the village in respect of which they are made and also for any
distance not exceeding one mile therefrom whenever so expressly stated in such by-laws.
PART V
LEGAL PROCEEDINGS AND PROCEDURE
25. All legal proceedings by or against any Council shall
be in the name of the Council, but any complaint or information in respect of any offence
against this Act or any by-laws, may be laid and prosecuted by any member of the Police
Force and by any other person authorized by the Council in that behalf, and all notices,
written letters and other communications shall be given, issued, sent or made by the
authority of the chairperson of the Council.
26. All offences against any rule, regulation or by-law
shall be prosecuted summarily and any magistrate may, where an offence has been duly
proved against any person, upon application by or on behalf of any Council and in lieu of
imposing a penalty, make an Order compelling that person to do or abstain from doing any
act or thing the doing of which or failure to perform which constitutes such offence.
27. Any complaint or information in pursuance of this Act
or any rules, regulations or by-laws made thereunder shall, unless otherwise specially
provided, be made or laid within six months from the time when the matter of the complaint
or information arose and not afterwards.
28. Proceedings for the recovery of a
penalty under this Act, shall not, unless expressly provided, be had or taken penalties by
any person other than by a party aggrieved or by a Council or by a member of the Police
Force.
29. A Council may appear before a magistrate by any
officer or member authorized generally or in respect of any special proceedings so to
appear.
30. (1) Unless otherwise provided, any document required
to be signed by a Council shall be signed by the chairperson of that Council.
(2) It shall not be necessary in any
legal proceedings to prove any signature purporting to be the signature of the chairperson
or of a member of a Council or that a person so signing was the chairperson or member
thereof, and the burden of proof shall be on the person disputing it.
31.In any proceedings under this Act or under any rule,
regulation or by-law made thereunder, any notice or Order purporting to be signed by the
chairperson of any Council or by any person authorized and acting under this Act or under
any rule, regulation or by-law as aforesaid, shall on production be admitted in evidence
and shall be presumed to have been duly signed by the chairperson or by the person in the
character by whom and in which it purports to be signed, until the contrary is shown.
32. No matter or thing done and no contract entered into
by Officers of any Council and no matter or thing done by any member, Officer or servant
of any Council shall, if the matter or thing were done or the contract were entered into
bonafide for the purpose of executing this Act, subject them or any of them personally to
any action, liability, claim or demand whatever, and any expense incurred by any Council,
officer or servant shall be borne and repaid out of the funds at the disposal of the
Council.
33. Notices, orders and documents under this Act may be in
writing or print, or partly in writing or partly in print, and if they require
authentication by the Council, the signature thereof by the chairperson shall be
sufficient authentication.
34. Notices, orders and documents required or authorized
to be served by a Council under this Act or any rule, regulation or by-law made thereunder
may be served by delivering them to or at the residence of the person to whom they are
respectively addressed or, where addressed to the owner or occupier of premises, by
delivering them, or a true copy thereof, to some person on the premises, or if there is no
person on the premises who can be served, by fixing them on some conspicuous part of the
premises.
PART
VI
ELECTION PROCEDURES. QUALIFICATION
AND REGISTRATION OF VOTERS. ELECTION
PETITIONS AND OFFENCES
35. (1) The Elections and Boundaries
Commission, shall, after consultation with the National Association of Village Councils
established under section 56 of this Act, make regulations;
(a) to provide for the
proceedings for and at elections;
(b) to provide for the qualification and registration of electors;
(c) to provide for the mode of holding elections and by-elections and
the manner of voting at same;
(d) to provide for the register of voters and for revision of same;
(e) to prescribe the form of the ballot papers and sample ballot papers
and any other forms that need to be prescribed;
(f) to provide for the custody and disposal of ballot papers;
(g) to prescribe the manner of dealing with rejected or spoilt ballot
papers;
(h) describing the construction of ballot boxes;
(i) to prescribe the method of marking voters at elections;
(j) to provide for the conduct of elections and by-elections of members
of the Council;
(k) to prohibit any act or matter which in its pinion is not conducive
to the maintenance of order on polling day;
(I) to declare any act committed in the course of any campaign for
elections or by-elections or during an election, an election offence;
(m) to declare the grounds upon which an election may be challenged and
the persons who may challenge an election;
(n) to declare the grounds upon which an election may be avoided and the
procedure for challenging an election;
(o) to provide for the trial of election petitions and matters connected
therewith including the deposit of security and the award of costs;
(p) for any other matters relating to elections or by-elections which
are reasonably required for the efficient functioning of the provisions of this Act.
(2) Contravention of any
regulations made under subsection (1) of this section maybe declared to be illegal
practices and provisions may be made in the said regulations for the punishment on summary
conviction of persons committing or taking part in the commission of such illegal
practices by a fine not exceeding three thousand dollars or imprisonment for a term not
exceeding two years, or to both such fine and imprisonment.
(3) Regulations made pursuant to this section shall be subject to
negative resolution of the House of Representatives.
PART
VII
FINANCIAL
36. All moneys due to a Council shall be paid
into and shall form a fund to be called "the Village Fund", and shall be applied
exclusively to the use of the particular village to the credit of which the same has been
paid.
37. The Village Fund shall be comprised of:
(a) all fines and penalties paid in respect
of noncompliance with this Act, or the rules, regulations and by-laws made thereunder;
(b) all moneys payable in any manner whatever to a Council whether under
or pursuant to this Act or otherwise;
(c) all moneys derived from fundraising;
(d) all fees and duties received under the Intoxicating Liquor Licensing
Act on the issue or transfer of licenses in respect of the village concerned; and
(e) moneys lawfully derived from any other sources, including any trade
or other licenses imposed by law.
38.All expenses incurred or payable by a
Council on the execution of this Act or any regulations made thereunder shall be paid out
of the Village Fund and all disbursements by such Council shall be made in accordance with
the Financial Regulations for the time being in force in the Public Service.
39. All payments from a Village Fund shall be
made on claims certified by the chairperson and one other member of the Council.
40. (1) The accounts of the Village Fund
shall be made on claims certified by the chairperson and one other member of the Council.
(2) The accounts of the
Village Fund and all other accounts of a council shall be regularly audited by the Auditor
General.
41. (1) Whenever the general interest and
welfare or development of any village will, in the opinion of two-thirds of the officers
of the Council, be advanced by an expenditure greater than can be met out of the annual
revenue of the Village Fund, the Council may, by resolution carried by two thirds of the
officers recommend, on the guarantee of an annual allocation of such amount of the Village
Fund as may be equivalent to the annual interest and sinking fund necessary for its
redemption, the raising of a loan, the proceeds of which shall be devoted to the
advancement of the general interest and welfare or development of the village.
(2) The Minister of Finance may borrow such
sum of money as may be authorized under the Local Public Loan Act, and thereafter the sum
necessary to meet the annual interest and sinking fund for the redemption of the loan
shall be a first charge upon all moneys which may then or may thereafter form part of the
Village Fund described in sections 36 and 37 above.
42. After consultation with and with the
consent of the majority of members of the village, and having informed the Ministry of
Finance of its intentions, a Council may contribute towards, undertake any scheme or
establish any institution for economic, educational, recreational or charitable purpose
connected with or for the benefit of the village.
43. (1) In the month of January of each year,
each Council shall submit to the Minister of Rural Development, an annual estimate
comprising and classifying the anticipated revenue and expenditure of the Council,
calculated in respect of the financial year commencing on the 1st day of April then next
ensuing, which estimate shall be referred to as the village estimates.
(2) The village estimates
shall be in such form as may be prescribed by the Minister of Finance.
PART
VIII
MISCELLANEOUS
44. Every person who is elected or appointed
an officer of a Council shall, prior to taking his seat, take before a magistrate or
Justice of the Peace at a meeting of the Council, an oath or affirmation of allegiance and
office in the following form:
"I . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . do swear, (or solemnly and
sincerely affirm and declare) that I will bear true faith and allegiance to Belize and
will uphold the Constitution and the law, and I will conscientiously, impartially and to
the best of my ability discharge my duties as (
) And do
right to all manner of people without fear or favour, affection or ill-will. (So help me
God)."
45. Whenever a newly elected Council takes
office, there shall be an official handing over of all Council properties by the outgoing
officers of the former Council to the Council. officers of the incoming Council. Such
handing-over shall take place within two weeks of the expiry of the term of the outgoing
Council and shall be duly witnessed by officers of the Ministry responsible for Village
Councils.
46. The officers of a Council shall be issued
with village council identification cards by the Ministry responsible for Village
Councils. Identification cards shall be valid only for the term of office of the officers
of the Council.
47. (1) The Council shall have the following
privileges, duties and responsibilities with respect to lands within the village:
(a) a map or maps showing
the lands in the village and their distribution shall be delivered to the Council by the
Ministry responsible for lands, and the Council shall be informed by the Ministry in a
timely manner of any changes or intended changes;
(b) the Council may constitute itself a Lots Committee or may appoint a Lots Committee
under section 14 hereof to make recommendations to the said Ministry with regard to the
distribution of lots and lands within or affecting the boundaries of the village;
(c) before dealing with any lands in the village, the Ministry
responsible for lands shall consult the Council and take its views into account; and
should the said Ministry decide not to follow the advice of the Council it shall explain
its reasons in writing to the Council before effecting that decision, and provide the
Council further opportunity to present its case to the Ministry; and
(d) with the consent of and under the conditions negotiated with the
department of Government responsible for forestry, the Council may have responsibility for
maintaining forest reserve boundaries that coincide with the village boundary and be
compensated for this.
(2) A Council may acquire
by lease, purchase or otherwise, lands and buildings or any part thereof for any purpose
of public utility.
(3) The Ministry
responsible for lands shall transfer title to such lands in a village as are required by
the Village Council to construct any buildings necessary for it to carry out its functions
under this Act as well as for recreational purposes such as parks and playing fields.
48. A Council, when implementing any of its
plans or proposals, shall take into consideration the views and opinions of villagers and
of government and nongovernment agencies.
49. (1) Any Ministry or Department of
Government intending to make any decision or policy or to carry out any act affecting a
village shall consult with the Council before doing so and, as far as practicable, take
the views of the Council into account.
(2) Where such decision,
policy or action affects all villages in a district or in the country, it shall be
sufficient for the Ministry or Department concerned to consult with the appropriate agency
established under section 55 of this Act.
(3) Where the Ministry or Department as aforesaid decides not to follow
the advice of the Council or agency, as the case may be, it shall explain its reasons in
writing to the Council or agency before effecting that decision, and provide the Council
or agency further opportunity to present its case to the Ministry or Department.
50. (1) Any Council wishing to be exempt from
taxes and duties shall apply in writing to the relevant authority.
(2) A letter of
authorization for the exemption of taxes and/or duties shall be delivered by the relevant
authority to the applicant Council within eight working days of application, and shall be
valid for the duration of the life of the Council.
51. Councils that have been granted letters
of authorization under section 50 shall supply the relevant authority with the following:
(i) a quarterly report of
all goods and services acquired locally without the payment of taxes, with all necessary
details of such transactions;
(ii) a quarterly report of all goods imported, including the value of
such goods and the programme or project for which they are being used.
52. (1) All persons, whether natural or legal
persons, who make donations to Councils shall be eligible to have those tax donations
tax-deductible, under the Income Tax Act.
(2) Such deductions shall
be effected solely for the year in which the donations were made.
(3) In order to qualify for such deductions, the donor shall prove the
donation by means of a certificate issued by the recipient Council which shall include the
following:-
(i) proof that the donee is
a Council constituted under this Act;
(ii) a receipt showing that the donation was made by the donor,
including the date and the amount or the value of the donation;
(iii) the use to which the donee put the donation; and
(iv) express mention of the irrevocable character of the donation.
(4) The Income Tax
Department may use any resources at its disposal to verify the validity of such donations
in accordance with the mechanisms established by law.
53. Councils may undertake commercial,
industrial, agricultural and other profit-making enterprises of whatever kind, provided
that this is authorized by their by-laws and provided further that the profits are
re-invested in the projects of the Council, in which case, upon proof of such
re-investment, such profits shall likewise be exempt from taxes and duties.
54. Any person who obstructs or impedes or
attempts to obstruct or impede any member of a Council, or the secretary, tax collector,
clerk or other officer of a Council lawfully authorized as such by this Act in the
discharge of his duties or in his official capacity or in the exercise of his powers
either under this or any other Act, commits an offence and is liable on summary conviction
to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding
six months, or to both such fine and imprisonment.
55. (1) Village Councils in every district of
Belize shall together establish an association of all the village councils in that
district, which shall be known as "The . . . . . . . . . . . . . . . . . . . District
Association of Village Councils."
(2) The six District
Associations of Village Councils shall form a National Association of Village Councils.
(3) The District Associations and the National Association shall have
such powers and duties, and shall be regulated in such a manner as shall be prescribed by
regulations and by-laws made hereunder.
(4) The Minister may make regulations for the composition of, and
procedures to be followed by, the associations mentioned in this section, after allowing
representatives of village councils an opportunity to present their views and all such
regulations shall be subject to negative resolution of the House of Representatives.
(5) The regulations aforesaid shall include a code of ethics for members
of the Council.
