PARISH COUNCILS ACT*

ARRANGEMENT OF SECTIONS

   1   Short title

 

Interpretation

   2   Interpretation

 

Constitution

   3   Constitution of Parish Councils

   4   Power to confer title of Mayor

   5   Power to confer title of Deputy Mayor

 

Officers

   6   Appointment of Secretary and officers

 

Qualifications and Disqualifications

   7   Qualification and disqualification for membership

 

Elections

   8   Elections

   9   Term of office of councillors

   10   Electoral divisions

   11   Qualification of electors

   12   List of electors to be kept by returning officers

   12A   Official list to be supplied to candidates

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

   14   Nomination day

   15   Election notice

   16   Power to adjourn polling day in event of emergency

   17   Procedure on nominations of candidates

   18   Disposal of deposit

   19   Withdrawal of candidates

   20   Procedure on death of nominated candidate

   21   Return by acclamation

   22   Granting of a poll

   23   Establishment of polling stations

   24   Allotment of lists to polling stations

   25   Provisions of section 31 of Representation of the People Act, to apply to elections held under this Act

   26   Provisions of section 32 of Representation of the People Act, to apply to elections held under this Act

   26A   Outdoor agents

 

Procedure on Polling Day

   27   Taking of poll and the ballot

   28   Who may vote

   29   Transfer of electors in special cases

   30   Where transferred elector to vote

   31   General mode of taking ballot

   32   Mode of taking ballot in special cases

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

   34   Electors to immerse appropriate digit in electoral ink

   35   Penalty for failure of presiding officer to carry out provisions of sections 33 and 34

   36   Non-application of sections 33, 34 and 35 to electors with no hands

   37   Who may be present

   38   Proceedings before opening of poll

   39   Proceedings at poll

   40   Proceedings after poll

   40A   Halting of taking of poll

   40B   Period within which poll to be retaken after being halted

   40C   Establishment of Constituted Authority

 

Procedure subsequent to polling day

   41   Final count of votes and custody of ballot boxes pending such count

   42   Provisions applicable where ballot box not returned

   43   Recount by Resident Magistrate

   44   Manner of making recount

   45   Election return

   46   Neglect or refusal to return candidate

   46A   Voiding of taking of the poll

   47   Custody of ballot boxes

   48   Custody of election documents

   49   Election expenditure

   50   Who may incur expenditure

   51   Certain contracts to be invalid

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

   53   Election return

 

Administrative Provisions as to Elections

   54   Powers and duties of Chief Electoral Officer

   55   Returning Officer and Election Clerk

   56   Presiding Officer

   57   Poll clerks

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

   59   Oaths

   60   Power of Minister

 

Offences in connection with Elections

   61   Bribery

      Treating

   62   Undue influence

   63   Personation

   64   Penalty for bribery, treating, or undue influence

   65   Penalty for personation

   66   Disqualifying effect of conviction of either of those offences

   67   Illegal practices

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

   69   Penalty on persons forging, counterfeiting, defacing, destroying ballot papers, etc

   69A   Obstruction of election officers, etc

   70   Corrupt withdrawal from a candidature

   71   Mutilating or altering notices and lists

   72   False statement before returning officer

   73   Providing money for illegal practice or payment to be illegal payment

   74   Punishment of illegal payment or hiring

   75   Measure of proof necessary for charge of illegal practice by candidate

   76   Name and address of printer on placard

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

   78   Certain licensed premises to be closed

   79   [Repealed by Act 23 of 2011 s 10.]

   80   [Repealed by Act 23 of 2011 s 10.]

   81   [Repealed by Act 23 of 2011 s 10.]

   82   [Repealed by Act 23 of 2011 s 10.]

   83   Maintenance of order at polling stations

   84   Influence of electors to vote for any candidate

   85   Notice of election meetings

   86   Duty of secrecy

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

   88   Offences by election officers

   89   Validation of certain acts

   90   Expense of elections to be borne by Parish Councils

 

Declaration by Councillors

   91   Official declaration by councillors

 

First Meeting and Election of Chairman

   92   First meeting after general election, election of Chairman

   93   Vice-chairman

   94   Death, absence or incapacity of Chairman and vice-chairman

   94A   Who shall preside, original and casting vote of person presiding

   95   Quorum

 

Appointment of committees and travelling expenses of Councillors

   96   Appointment of committees

   96A   Payment of salaries to councillors

   97   Travelling expenses of councillors

 

Vacation of Seats

   98   Subsequent disqualification vacates seat

   99   Contracts by councillor with Council void. When contracts permitted

   100   Councillors not to vote upon contracts in which they are interested

   101   Penalty on councillor receiving money on void contract

   102   Vacancies what fact creates them

   103   Penalty on councillor voting if disqualified or after seat vacant

   104   No seat deemed vacant till vacancy entered on minutes of Council or declared by Supreme Court

   105   Proceedings to declare seat vacant on certificate

   106   Notice to councillor of his disqualification

   107   Proceedings against councillor sitting and voting when not qualified

 

Powers

   108   Power of Council to lease land

   109   Compulsory acquisition of land

   110   Incorporation of the Lands Clauses Act

   111   Preparation of local schemes

   112   Disposal of lands not required

   113   Validation

 

Power to Define Limits of Town or Village

   114   Power to Parish Council to define the limits of towns, etc

   115   Limits of towns defined under Laws now repealed

 

Dissolution

   116   Power to dissolve Council-consequences of dissolution

 

Validity of acts of Councillors

   117   Acts of Council not invalidated by want of qualification of councillor

 

Liability of Councillors for certain Expenditure

   118   Liability tor unauthorised expenditure of illegal payment

 

Power of Expulsion

   119   Power to expel councillor

 

Power to make By-Laws

   120   Power to make by-laws

 

Power to make certain Regulations

   121   Power to make Regulations

   122   Keeping in force Regulations made under Kingston Police Law (repealed)

   123   Appointment of Slaughtering Places and power to make regulations governing same

   124   Regulations subject to the approval of the Minister

   125   Commencement of Regulations

   126   Offences and penalty

   126A   Power to make regulations concerning discipline, etc, of employees

 

Parochial Audit

   127   Audit of Parochial Accounts, etc, required and provided for,

   128   Power to make orders and rules respecting the accounts and audit of them

   129   Annual abstract of accounts of each parish with report to be submitted to the Minister

   130   Parish Councils may have other and separate audits

   131   Publication and binding obligation of rules and orders under this Act

   132   Power of Auditor-General to call for returns, etc, and to examine persons on oath

   133   False evidence punishable as perjury

 

THE PARISH COUNCILS ACT*

[Date of Commencement: 7th August, 1901]

Cap 271.

Laws
7 of 1954,
62 of 1955,
4 of 1956,
12 of 1956,
35 of 1956,
40 of 1957,
32 of 1958,
48 of 1959,
50 of 1959,
24 of 1961.

Acts
31 of 1965,
6 of 1966,
7 of 1966,
25 of 1966,
6 of 1969,
39 of 1969,
42 of 1969.,
7 of 1970,
11 of 1972,
19 of 1973,
24 of 1973,
2 of 1977,
4 of 1977,
22 of 1980,
2 of 1981,
12 of 1982,
16 of 1983,
4 of 1990,
40 of 1995,
28 of 1997,
7 of 1998,
15 of 2001,
32 of 2002,
10 of 2003
11 of 2005,
13 of 2007,
23 of 2011.

LN 223/1964.

1   Short title

   This Act may be cited as the Parish Councils Act.

[4/1956 s 2(a).]

Interpretation (section 2)

2   Interpretation

   In this Act-

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

[12/1956 s 2(a).]

   (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 Parish Council;

   "Chairman" means the Chairman of a Parish Council;

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