KINGSTON AND ST. ANDREW CORPORATION ACT*

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Division of Act into parts

 

PART I
Preliminary

   3   Interpretation

   4   Schedules

 

PART II
Constitution and Government of Municipality

   5   Inhabitants of Kingston and St. Andrew declared to be a Municipal Corporation

 

Extent and Division of the Corporate Area

   6   Power to define the limits of towns, etc

   7   Corporate Area

   8   Limits of the city of Kingston

 

Electors

   9   Qualification of electors

 

Council and Councillors

   10   Corporation and Council

   11   Councillors

   12   Qualification of Councillors

   13   Persons disqualified from being Councillors

 

Elections

   14   Elections

   15   Term of office of members

   16   The Mayor

   17   Deputy Mayor

   18   Mayor and Deputy Mayor exempted from service as jurors

   19   Power to appoint Officers

   20   Power to appoint deputies

   21   Acting appointments

   22   Officers to give security

   23   Paid officers: disqualification of members

   24   Exemption from jury service

   25   Officers to deliver to Council from time to time accounts of their receipts and payments, etc

      Procedure where any officer refuses or neglects to deliver accounts, etc

   26   Council may make regulations

 

Declaration of Qualification and Oath of Office

   27   Declaration, making of, etc

   28   Oath, taking of, etc

   29   Resignation from office

   30   Re-eligibility

   31   Procedure where a person elected to a corporate office is declared a bankrupt, etc, or is absent from Council meetings

   32   Validity of acts of persons holding corporate office

   33   Filling of casual vacancy

 

PART III
Preparation for and procedure at elections

   34   List of electors to be kept by returning officers

   34A   Official list to be supplied to candidate

   35   Provisions of sections 108-110, 112 and 113 of the Representation of the People Act to apply

   36   Nomination day

   37   Election notice

   38   Power to adjourn polling day in event of emergency

   39   Procedure on nomination of candidates

   40   Disposal of deposit

   41   Withdrawal of candidates

   42   Procedure on death of nominated candidate

   43   Return by acclamation

   44   Granting of a poll

   45   Establishment of polling stations

   46   Allotment lists and polling stations

   47   Provisions of section 31 of Representation of the People Act, to apply

   48   Provisions of section 32 of Representation of the People Act, to apply

   48A   Outdoor agents

 

Procedure on Polling Day

   49   Taking of poll and the ballot

   50   Who may vote

   51   Transfer of votes in special cases

   52   Where transferred voter to vote

   53   General mode of taking ballot

   54   Mode of taking ballot in special cases

   55   Ballot papers not to be delivered to electors unless no marks of electoral ink appear on electors

   56   Electors to immerse appropriate digit in electoral ink

   57   Penalty for failure of presiding officer to carry out provisions of sections 55 and 56

   58   Non-application of sections 55, 56 and 57 to electors with no hands

   59   Who may be present

   60   Proceedings before opening of poll

   61   Proceedings at poll

   62   Proceedings after poll

   62A   Halting of taking of poll

   62B   Period within which poll to be retaken after being halted

   62C   Establishment of Constituted Authority

 

Procedure subsequent to polling day

   63   Final count of votes and custody of ballot boxes pending such addition

   64   Provisions applicable where ballot box not returned

   65   Recount by Resident Magistrate

   66   Manner of making recount

   67   Election return

   67A   Voiding of taking of poll

   68   Neglect or refusal to return candidate

   69   Custody of ballot boxes

   70   Custody of election documents

   71   Election expenditure

   72   Who may incur expenditure

   73   Certain contracts to be invalid

   74   Period for sending in claims and making payments for election expenses

   75   Election return by candidate

   76   First meeting after general election

   77   Mayor and Deputy Mayor. Provisions relating to their election

   78   Procedure where an election is not held on the appointed day or within the appointed time

 

Administrative Provisions

   79   Powers and duties of Chief Electoral Officer

   80   Electoral Officer and Election Clerk

   81   Presiding Officers

   82   Poll clerks

   83   Oaths to be taken before Justice, returning officer, presiding officer or poll clerk

   84   Oaths

   85   Power of Minister

 

PART IV
Offences in Connection with Elections

Personation

   86   Penalty on person voting or attempting to vote in the name of another person

   87   Penalty on person voting or attempting to vote oftener than he is entitled

   88   Penalty on prohibited person voting

   89   Penalty on person publishing false statements

   90   False statement before returning officer

   91   False statements in relation to the personal character, etc, of candidates or prospective candidates

 

Treating

   92   Penalty on person treating

 

Undue Influence

   93   Penalty on person exercising influence on electors

 

Bribery

   94   Penalty on person guilty of bribery

   95   Incapacity of person convicted of any misdemeanour

   96   Providing of money for illegal practice or payment to be illegal payment

   97   Punishment of illegal payment or hiring

   98   Approval of illegal practice by candidate

 

Specified Misdemeanours

   99   Penalty on persons forging, counterfeiting, defacing, or destroying ballot papers, etc

   99A   Obstruction of election officers, etc

   100   Mutilating or altering notices and lists

   101   Name and address of printer on placard

   102   Use of committee room in house for sale of intoxicating liquor or refreshment or in primary school, to be illegal hiring

   103   Certain licenced premises to be closed

   104   Use of motor vehicle, etc, for conveying of voters to the poll

   105   Registration of motor vehicles as electoral vehicles

   106   Restriction on user of registered electoral vehicles

   107   Power to question driver and passengers

   108   Maintenance of order at polling stations

   108A   Influencing of electors to vote for any candidate

   109   Corrupt withdrawal from a candidature

   110   [Repealed by Act 1 of 1981.]

   111   Notice of election meetings

   112   Maintaining of secrecy of voting at polling station

   113   Validation of certain acts

   114   Penalty for participation in election campaign by returning officer or presiding officer

   115   Offences by election officers

 

PART V
Election Petitions

   116   Election petitions

 

PART VI
Meetings and Proceedings of the Council

   117   Rules to be observed with respect to meetings and proceedings of Council

   118   Power to appoint Committee

   119   Council may delegate to Committees any of the powers vested in the Corporation

   119A   Salaries of Councillors

   120   Travelling expenses of members

   121   Vacancy in Council shall not invalidate any acts or proceedings thereof

   122   Minutes of proceedings of Council or Committee

   123   Meetings

   124   Pecuniary interest

 

Regulation of Admittance to the Council Chamber

   124A   Right to enter precincts of Council Chamber

   124B   Offences relating to admittance to the Council Chamber

   124C   Assault and other offences relating to disorderly conduct

 

PART VII
Rates

   125   Corporation Rate

   126   Approval and publication of Corporation Rate

   127   When Rate shall be due

   128   Imposition of additional rates for the purpose of providing for improvements, etc, of municipal works, etc

   129   Buildings and property exempted from rates

 

PART VIII
Corporate Property

Markets

   130   Interpretation of terms

   131   Public markets vested in Corporation

   132   Council may from time to time acquire land for purpose of erecting new public markets

      Power to accept leases

      All lands acquired shall vest in the Corporation

   133   Rents, etc, pledged for payment of loans

   134   Selling of marketable commodities

   135   Days and hours on and during which markets may be held

   136   Definition of sites, limits and extent of public markets

   137   Closing and reopening of public markets

   138   Powers to construct public markets

   139   Appointment of Clerks of public markets and other officers

   140   Powers of Council with respect to making, altering and rescinding of rules

   141   Payment of fees to Clerk of market or other authorised person

   142   Fees collected to be accounted for to Council

   143   Powers of Clerk of a public market within such market

   144   Hiring of stalls

   145   Clerk of public market may seize bad and unwholesome meat, fish, etc

   146   Council may rent or lease the whole or part of any public market

   147   Lessee to collect fees when market is leased

   148   Signing of lease

   149   Penalty for establishing market within lists of public market

   150   Granting of licences to persons desiring to establish shops in Kingston for sale of fresh meat, etc

   151   Inspection of licensed shops and payment of fees

   152   Power to collect fees may be exercised by any person so authorised

   153   Licences, fees, etc, paid to Council

   154   Penalty for exposing for sale fresh meat, etc, elsewhere than in public market or in shop licensed for purpose

   155   Meat to be inspected and certified as sound

   156   Clerk of public market shall take oath or make declaration, etc

 

Slaughter-Houses

   157   Existing public slaughter-houses, etc, in Corporate Area, with certain exceptions shall remain and are vested in Commissioner of Lands

   158   Public slaughter-houses, etc, which may be erected shall be vested in Commissioner of Lands

   159   Council may acquire land for purpose of erecting public slaughter-houses

   160   Rents, fees, etc, realised from any public slaughter-house pledged for certain things

   161   Council may make and alter rules

   162   Animals not to be slaughtered in any place other than in a public slaughter-house

   163   Penalty for selling or possessing for sale, etc, meat which has not been inspected and certified sound

 

Licensing of Wharf Premises for Sale of Certain Articles

   164   Sale of edible roots and tubers, etc, at wharves

   165   What owners, etc, of wharf premises must do to obtain licence

   166   Inspection to be made of premises in respect of which application for licence is made

   167   Payment of licence fee

   168   Licences in force at coming into operation of this Act

   169   Licensed wharf premises deemed to be markets for sale of edible roots, etc

   170   Licences and licensed premises, etc, subject to rules

   171   By whom sale is to be made on such licensed premises

   172   Penalty

 

Cold Stores

   173   Persons desiring to use any premises as cold stores must first obtain a licence

   174   Granting of licences

   175   Terms on with licences shall be granted, etc

   176   Penalty on persons using or permitting to be used as cold stores any premises without first obtaining licence

   177   Licence to be obtained for selling fresh meat at or from cold stores

   178   Council may grant licence to sell fresh meat at or from cold stores

   179   Terms on which licence shall be granted

   180   Delivery of fresh meat from cold stores

   181   Payment of tolls or dues

      Penalty on persons selling fresh meat from cold stores without having first obtained licence

   182   Council may make by-laws and rules

 

Pounds

   183   Vesting and control of pounds already in existence. Additional pounds

 

Cemeteries

   184   May Pen Cemetery

   185   Council may establish any other public cemetery, etc. Loan may be raised and moneys borrowed for such purposes. Land may be acquired under Lands Clauses Act

   186   Existing public cemeteries, etc, maintenance of

 

Aims-Houses

   187   Vesting of Union Poor House in Corporation, etc

   188   Establishment of additional Alms-Houses

 

Gas Works

   189   Vesting of Gas Works in Commissioner of Lands

 

PART IX
Licences and Licence Duties

   190   Licence moneys payable to City Treasurer

   191   Moneys to be paid over subject as mentioned

 

PART X
Regulations

   192   Regulations which shall remain in force

   193   Matters in relation to which Council may make, alter or revoke regulations

   194   [Deleted by Act 39 of 1995.]

   195   When regulations shall come into force

 

PART XI
Financial

   196   Estimates

   197   How funds are to be applied

 

Banking Accounts, Receipt and Payment of
Moneys and Audit

   198   Moneys shall be paid into bank or banks

   199   Matters as to which Council may make regulations

   200   Signing and counter-signing of cheques

   201   How payments from funds shall be made

   202   Receipts

   203   Auditing of accounts

   204   Power to make rules and regulations

   205   Payment in respect of audit

   206   Keeping of accounts

 

Temporary Departmental Advances

   207   Power of Council to make temporary departmental advances

 

PART XII
Improvements

   208   Interpretation of terms

   209   Power of Council to impose rates for improvements, etc

   210   Initiation of works

   211   Procedure where Council receives petition praying for improvements, etc

   212   City Engineer shall examine petition and report to Council etc

   213   Petition and reports to be forwarded to the Minister

   214   Power of Minister on receipt of petition

   215   Procedure where City Engineer recommends improvement, etc,without any petition having been presented to Council

   216   How work is to be carried out

   217   Making of by-laws, etc

 

PART XIII
General, Dissolution by the Minister, Procedure

   218   Lands Clauses Act incorporated with this Act with certain exceptions

   219   Power of Council to alter any public road, etc

   220   Power to sell or lease land

   221   Preparation of municipal schemes

   222   General power to acquire land

   223   By-laws, etc, shall be published in Gazette.

   224   Making of by-laws for good rule and government of Corporate Area, etc

   225   Making of by-laws, etc, for whole or any part of Corporate Area and separate by-laws, etc, for different districts

   226   Council may by resolution expel any member

   227   Power of Minister to dissolve the Council

      Consequences which shall follow dissolution of Council

 

Regulation Powers

   228   Matters with respect to which the Council may make regulations

 

Time

   229   Provisions with respect to holidays

   230   Penalty for contravening provisions of this Act or of any by-law, etc

 

Form, Authentication and Service of Notices, Orders, Etc

   231   Form of notices, etc, required to be served by Council

   232   Transfer of powers, duties, etc, to Council

      SCHEDULES

 

THE KINGSTON AND ST. ANDREW CORPORATION ACT*

[Date of Commencement: 6th June, 1931]

<TS:0.125,NM,NO,1.5,NM,NO>Cap 192.

<TS:0.125,NM,NO,1.5,NM,NO>Laws
33 of 1953,
6 of 1954,
29 of 1954,
53 of 1954,
61 of 1955,
2 of 1956,
11 of 1956,
20 of 1956,
60 of 1956,
31 of 1958,
36 of 1958,
37 of 1958,
49 of 1959,
18 of 1960,
14 of 1961,
12 of 1964,
29 of 1965,
12 of 1966,
30 of 1966,
5 of 1969,
42 of 1969,
6 of 1970,
11 of 1972,
20 of 1973,
23 of 1973,
7 of 1974,
15 of 1975,
3 of 1977,
5 of 1977,
21 of 1980.

<TS:1.5,NM,NO>Acts
2 of 1963,
1 of 1981,
16 of 1983,
5 of 1990,
39 of 1995,
28 of 1997,
14 of 2001,
30 of 2002,
9 of 2003,
10 of 2005,
12 of 2007,
23 of 2011.

1   Short title

   This Act may be cited as the Kingston and St. Andrew Corporation Act.

2   Division of Act into Parts

   This Act is divided into parts as follows-

Part I.      Preliminary.

Part II.      Constitution and Government of Municipality.

Part III.   Preparation for and procedure at elections.

Part IV.   Offences in connection with elections.

Part V.      Election Petitions.

Part VI.   Meetings and Proceedings of the Council.

Part VII.   Rates.

Part VIII.   Corporate Property.

Part IX.   Licences.

Part X.      Regulations.

Part XI.   Finance.

Part XII.   Improvements.

Part XIII.   General.

PART I
Preliminary (sections 3-4)

3   Interpretation

   In this Act-

[11/1956 s 2(a).]

   "appropriate digit" means in the case of an elector-

   (i)    who has a right hand upon which there are any digits, that finger on the right hand which is nearest to the right thumb, or, if the elector has no right thumb, to the right thumb socket, or, if the elector has a right thumb but has no fingers on his right hand, the right thumb;

   (ii)    who has no right hand or has a right hand but has no digits upon such hand, the finger on the left hand which is nearest to the left thumb, or, if the elector has no left thumb, to the left thumb socket, or, if he has a left thumb but no fingers upon his left hand, the left thumb;

   "by-election" means an election other than a general election;

   "candidate" or "candidate at an election" means any person who is nominated as a candidate for election to the Council of the Kingston and St. Andrew Corporation;

   "Chief Electoral Officer" means the Chief Electoral Officer appointed under the Representation of the People Act;

   "City Engineer" means the person for the time being holding the office of City Engineer under the Council and any other person for the time being performing the duties of the City Engineer with the authority of the Council;

   "City Treasurer" means the person for the time being holding the office of City Treasurer under the Council and any person acting as City Treasurer;

   "Constituency" has the meaning assigned to it by the Constitution of Jamaica;

[12/1966 s 6.]

   "Corporate Area" means the area defined in the First Schedule;

   "Corporation" means the body corporate constituted by the incorporation of the inhabitants of the parishes of Kingston and St. Andrew;

   "Corporate Land" means land belonging to or held in trust for the Corporation, or land occupied and controlled by the Corporation;

   "corporate office" means the office of Mayor, Deputy Mayor, or Councillor;

   "Council" means Council of the Corporation;

   "digit" includes both fingers and thumb;

[11/1956 s 2(b).]

   "election" means an election of a member to serve on the Council of the Kingston and St. Andrew Corporation;

   "election day" means the day upon which the poll is taken at any election or, if no poll is required to be taken, nomination day;

   "election documents" or "election papers" means the papers which the returning officer is required by section 67 to transmit to the Chief Electoral Officer after an election;

   "election officer" includes the Chief Electoral Officer, every returning officer, election clerk, presiding officer, poll clerk, enumerator, or other person having any duty to perform pursuant to this Act, to the faithful performance of which duty he may be sworn;

   "election petition" means a petition presented in accordance with the provisions of any enactment for the time being in force in relation to election petitions;

   "elector" means any person whose name is for the time being on any official list of electors for the House of Representatives;

[12/1966 s 6.]

   "electoral division" means any electoral division constituted under section 7;

   "electoral ink" means the ink (whether composite or consisting of two or more separate solutions) supplied by the Chief Electoral Officer for use in accordance with the provisions of section 56;

[11/1956 s 2(c).]

   "hackney carriage" includes every motor vehicle which plies for hire as a hackney carriage;

   "illegal payment" means any payment made in contravention of the provisions of this Act;

   "member" means a member of the Council of the Kingston and St. Andrew Corporation and shall be synonymous with the word "Councillor" wherever that word appears in this Act;

   "municipal works" includes the reconstruction or repair of streets, the making of new streets, and any other public work within the Corporate Area declared by resolution of the Council, approved by the Minister, as a municipal work;

   "nomination day" means the day appointed in accordance with the provisions of section 36 for the nomination of candidates;

   "oath" includes affirmation and statutory declaration;

   "officer of the Council Chamber" means the Town Clerk or any other officer or person acting within the precincts of the Council Chamber under the orders of the Mayor, and includes any constable on duty within the precincts of the Council Chamber;

   "official list" means the list of electors for any polling division prepared in accordance with sections 7 and 8 of the Representation of the People Act as modified by the Chief Electoral Officer in accordance with the Rules in the First Schedule to the said Act or the appropriate portion of any such list which has been divided in accordance with the provisions of section 30 of the Act aforesaid;

   "owner" means the person in possession of or in receipt either of the whole or of any part of the rents or profits of any land or tenement whether in his own right or as a trustee or personal representative of any other person, or in the occupation of such land or tenement other than as a tenant from year to year or for any less term or as a tenant at will;

   "poll book" means the book in the prescribed form in which the name and other particulars of every person applying to vote are entered;

   "polling day" means the day fixed for holding the poll at an election;

   "polling division" means any polling division constituted in accordance with the provisions of section 4 of the Representation of the People Act;

   "polling station" means any room secured by the returning officer for the taking of the vote for a polling division on polling day;

   "precincts of the Council Chamber" means the entire building in which the Council or any committee or subcommittee thereof sits in session for the transaction of business, together with such offices of the Corporation as the Council may designate and the gallery or place provided for the use or accommodation of strangers;

[15/1975 s 2(b).]

   "premises" includes messuages, buildings, lands, easements, and hereditaments of any tenure;

   "prescribed" means prescribed in the provisions of this Act or under any by-laws, rules or regulations made under the provisions of this Act;

   "Principal Returning Officer" means the returning officer designated under section 80 to be the Principal Returning Officer for the Corporate Area;

   "prospective candidate" means any person who within three months next before nomination day publicly announces or permits others publicly to announce his intention to stand as a candidate at the next ensuing election;

   "qualified person", means any person who is qualified in accordance with the provisions of section 37 of the Constitution of Jamaica to be registered as an elector;

[12/1966 s 6.]

   "rejected ballot paper" means a ballot paper which has been handed by the presiding officer to an elector to cast his vote but which at the close of the poll has been found in the ballot box unmarked or so improperly marked that in the opinion of the presiding officer or returning officer it cannot be counted;

   "reputed owner of any building or of any vacant lot of land" means the person entered as the owner of any such building or of such vacant lot of land in the Valuation Roll for the time being in force;

   "spoiled ballot paper" means a ballot paper which, on polling day, has not been deposited in the ballot box but has been found by the presiding officer to be soiled or improperly printed, or which has been handed by the presiding officer to an elector to cast his vote, and

   (a)    has been spoiled in marking by the elector; and

   (b)    has been handed back to the presiding officer and exchanged for another;

   "stranger" means any person other than a member of the Council or of a committee or sub-committee thereof, or an officer of the Council Chamber;

[15/1975 s 2(c).]

   "the Board of Health" means the Central Board of Health appointed and acting under the health laws for the time being in force in the Island;

   "Town Clerk'' means the person for the time being holding the office of Town Clerk under the Council, and any person acting as Town Clerk;

   "valuation" means the assessed value of any holding of real property in the Corporate Area assessed under the provisions of the Valuation Act or any enactment passed in amendment thereof or substituted therefor;

   "voter" means any person who votes at an election.

4   Schedules

   The Schedules shall be read and have effect as if they were part of this Act.

PART II
Constitution and Government of Municipality (sections 5-33)

5   Inhabitants of Kingston and St Andrew declared to be a Municipal Corporation

   (1) The inhabitants of the parish of Kingston and of the parish of St. Andrew are hereby declared to be a Municipal Corporation bearing the corporate name of "The Kingston and St. Andrew Corporation" and by such name shall have perpetual succession.

   (2) The Corporation shall have and use a common seal to be approved and from time to time altered by the Council, and such seal shall be judicially noticed.

Extent and Division of the Corporate Area (sections 6-8)

6   Power to define the limits of towns, etc

   (1) It shall be lawful for the Corporation from time to time as and when it shall think fit, by resolution to define, for all or for any specified purposes, the limits of any town or village within the parishes of Kingston and St. Andrew, whether the limits or extent of such town or village shall or shall not have been previously ascertained or defined, and from time to time in like manner to alter such definition. The Corporation may, if it shall think fit, define different limits for different purposes in any towns or villages. Such resolutions shall not take effect until they have been approved by the Minister, who shall have power to alter the same, and shall have been published in the Gazette. Such resolutions shall, after their approval, and first publication in the Gazette, be published for at least four weeks in the Gazette for general information, but such publication subsequent to the first shall not be necessary in order to make any resolution take effect.

   (2) The limits of all towns defined under any repealed law shall, until altered under this Act continue to be the limits of such towns for the same purposes and to the same extent that they now are.

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