CAP. 86 BELMOPAN CITY COUNCIL ACT BELIZE
BELMOPAN CITY COUNCIL ACT
CHAPTER 86
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000.
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws - Page
ARRANGEMENT OF SECTIONS 3
BELMOPAN CITY COUNCIL ACT 9
Amendments in force as at 31st December, 2000.
BELIZE
BELMOPAN CITY COUNCIL ACT
CHAPTER 86
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000.
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws - Page
ARRANGEMENT OF SECTIONS 3
BELMOPAN CITY COUNCIL ACT 9
Amendments in force as at 31st December, 2000.
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CHAPTER 86
BELMOPAN CITY COUNCIL
ARRANGEMENT OF SECTIONS
PART I
Preliminary
1. Short title.
2. Interpretation.
PART II
Constitution, etc., of the Council
Term of Council, Members, Their Qualifications, etc.
3. Constitution of Council.
4. Term of Office of Council.
5. Date of General Election.
6. Qualification of members.
7. Disqualification of certain persons from being members.
8 Penalty for person incapable of election, or of person whose seat
has become vacant, who sits or votes.
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9. Vacation of seat.
10. Direct election of Mayor.
11. Leave of absence.
12. Power to fix allowances.
PART III
Appointment of Officers and Employees and Their
Conditions of Service
13. Appointment of officers and employees of the Council and condi-
tions of service.
14. Penalty on officers taking gratuity.
PART IV
Elections
15. Persons entitled to vote at elections to constitute a new Council.
16. Regulations relating to elections.
17. Regulations relating to election expenses.
18. Returning Officer and Election Clerks.
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PART V
Council Meetings and Proceedings
19. Council may make regulations to regulate meetings.
20. Vacancy not to invalidate meetings.
PART VI
The Belmopan City Fund
21. Establishment of the Belmopan City Fund and monies constituting the
Fund.
PART VII
Financial Provisions
22. Loans, when and how raised.
23. Submission of estimates of revenue and expenditure.
PART VIII
Duties and Powers of the Council
Streets and Adjoining Lands
24. General powers as to streets, etc.
25. Council’s power to coordinate activities of utility agencies.
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26. Penalties for injuries to streets, etc.
27. Duty to fence or repair fences in certain cases.
28. Council may require owner to erect fence.
General Powers and Duties
29. Duties of the Council.
30. Additional general duties of the Council.
PART IX
Pensions
Preliminary
31. Interpretation of words and phrases used in this Part.
General Provisions Relating to Pensions
32. Pensions to be charged on revenues of Council.
33. Pensions not of right.
34. Computation of service for pension.
35. Retirement at fifty-five.
36. Pensions not payable before fifty-five years except in certain cases.
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37. Maximum pensions.
38. Pensions; to whom and at what rate to be granted.
39. Period of service qualifying for pension defined.
40. Council may apply part of a person’s pension towards the mainte-
nance of his wife or children.
41. Pensions not assignable.
42. Lump sum gratuity with reduced pension.
43. Payment of pension/gratuity upon resignation.
44. Gratuity where service does not qualify for pension.
45. Gratuity for female officer.
Manner of Computing Pensions
46. Pensionable service.
47. Computation of pensions, etc., on what emolument to be based.
48. Pensions Regulations.
PART X
Legal and General
49. General powers of Council to make By-laws
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50. By-laws prescribing fees.
51. Admissibility in evidence of documents signed by the Mayor or City
Administrator.
52. Proof of legal proceedings.
53. Land, how acquired.
54. Council may cause work to be executed in case of default.
55. Members of Council not liable.
56. Protection of Council officials.
57. Expenses of the Council; how met.
58. Additional powers and functions of the Council.
59. Recovery of penalties.
60. Regulations.
PART XI
Repeals, Savings and Transitional Provisions
61. Status of officers and employees employed by Recondev.
62. Transfer of property.
63. Repeals and Savings.
64. Commencement.
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CHAPTER 86
BELMOPAN CITY COUNCIL
[9th February, 2000]
PART I
Preliminary
1. This Act may be cited as the Belmopan City Council Act.
2. In this Act, unless the context otherwise requires:-
“allowance” means money payable under this Act to a councillor during the
time he is a member of the Belmopan City Council;
“Belmopan City Fund” means the fund established under section 21 of this
Act;
“City of Belmopan” means such area as the Minister may, in consultation
with the Council, from time to time by Order published in the Gazette
declare to constitute the City of Belmopan, which Order the Minister is
hereby empowered to make;
“Council” means the Belmopan City Council constituted under this Act;
“general election” means an election held by reason of the expiration of the
term of office of the Council ;
“member” means a member of the Council and includes the Mayor;
“Minister” means the Minister for the time being responsible for the subject
of Local Government, unless otherwise specified;
Short title.
Interpretation.
4 of 2000.
Commencement
[10. 2. 2 000]
S. I. 12 of 2000.
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“new Council” means a Council newly constituted after a general election;
“Rules”, “Regulations” or “By-laws” means any Rules, Regulations or By-
laws made under this Act;
“voter” means a person registered as a voter in accordance with this Act.
PART II
Constitution, etc., of the Council
Term of Council, Members, their Qualification, etc.
3.-(1) There shall be and is hereby constituted and established a Coun-
cil to be known as the “Belmopan City Council” which shall be a body
corporate with perpetual succession and a common seal.
(2) The Council shall have capacity to acquire, hold and dispose of
real and personal property and to sue and be sued in all courts of law.
(3) The Council shall consist of a Mayor and six other members duly
elected in accordance with this Act and Regulations made thereunder.
(4) The Council is lawfully constituted when the requisite number of
members has been elected.
(5) No temporary vacancy caused by death or otherwise shall affect
the validity of any proceedings of the Council.
4.-(1) Every Council shall hold office for three years and a general
election to elect the first Council shall be on the first Wednesday in the
month of March, 2000.
Constitution of
Council.
Term of office of
Council.
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(2) If during the term of office of the Council, a member’s seat
becomes vacant, the vacancy shall be filled within ninety days by holding
a by-election:
Provided that a vacancy shall not be filled if it occurs within a pe-
riod of one year before the time when the seat which is vacated would
ordinarily have been vacated.
5. An election of members of the Council shall be held on the first
Wednesday next ensuing after the day on which the term of office of the
Council expires.
6. No person shall be capable of being elected as a member of the
Council who is not a Belizean citizen and a registered voter of the City of
Belmopan.
7.-(1) No person shall be eligible for election as a member of the Coun-
cil, or having been elected, shall sit or vote on the Council, who:-
(a) holds an office of employment or place of profit in the gift
or disposal of the Council; or
(b) has directly or indirectly by himself or his partner, any share
or interest in any contract with the Council; or
(c) is in the employment of the Council; or
(d) has in Belize or any other Commonwealth country, been
sentenced to death or to imprisonment (by whatever name
called) for a term exceeding twelve months and has not ei-
ther suffered the punishment to which he was sentenced or
such other punishment as may by competent authority have
been substituted therefor or received a free pardon; or
Date of
General
Election.
Qualification
of members.
Disqualification
of certain
persons from
being members.
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(e) is a person adjudged to be of unsound mind or detained
as a criminal lunatic under any law in force in Belize; or
(f) is a public officer, other than a teacher or an open vote
worker; or
(g) is a returning officer for an election to the members of the
Council; or
(h) has not ordinarily resided in the City of Belmopan for at
least one year immediately preceding the date of the elec-
tion or is not domiciled in Belize or ordinarily resident
therein at the date of the election; or
(i) is or becomes a member of the National Assembly or of
any Commission established by or under the Belize Con-
stitution.
(2) For the purposes of this section, a person shall not be disqualified
from being a member by reason of his being interested in -
(a) any contract in respect of which the Minister shall remove
the disqualification if he is of the opinion that such removal
will be of public benefit; or
(b) any newspaper in which any advertisement relating to the
affairs of the Council is inserted; or
(c) any contract with the Council as a shareholder in any joint
stock company, but he shall not vote at any meeting of the
Council on any question in which such company is inter-
ested.
CAP. 4.
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(3) The office of Mayor of the Council and the office of a member
are declared not to be offices of employment or places of profit in the gift
or disposal of the Council although remuneration may be paid to such
Mayor and member out of moneys provided by the Council.
(4) A person shall not be considered as holding an office of employ-
ment or place of profit in the gift or disposal of the Council or as being in
the employment of the Council or as holding a public office by reason only
of the fact that he is in receipt of a pension or other like allowance in re-
spect of service under the Council or the Public Service or that he holds a
general retainer as attorney of the Council.
8. Any person who -
(a) having been returned as an elected member of the Council
without having been at the time of his election qualified to
be an elected member, or having since his election become
disqualified in pursuance of section 7 above from sitting and
voting, sits or votes on the Council; or
(b) sits or votes on the Council after his seat has become va-
cant under section 9 below,
shall, for every day on which he sits or votes after his seat has become
vacant, be liable to a fine of one hundred dollars to be recovered by action
in the Supreme Court by any person who, with the written consent of the
Attorney General, sues for it.
9. If any elected member of the Council: -
(a) dies; or
Penalty for
person incapable
of election, or a
person whose
seat has become
vacant, who sits
or votes.
Vacation of seat.
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(b) by writing under his hand addressed to the Mayor, or in
the case of the Mayor, to the Deputy Major, resigns his
seat on the Council; or
(c) makes any declaration or acknowledgment of allegiance
to any foreign state or power which does not recognise
dual nationality or is hostile to Belize; or
(d) becomes a citizen or subject of any foreign state or
power which does not recognise dual nationality or is
hostile to Belize; or
(e) is sentenced in Belize or any other Commonwealth coun-
try to death, penal servitude or imprisonment for a term
exceeding twelve months; or
(f) accepts any office of emolument in the Public Service or
under a Town Council or City Council in Belize; or
(g) becomes a member of the National Assembly or of any
Commission established under the Belize Constitution;
(h) is absent without leave or other reasonable cause from four
consecutive meetings of the Council; or
(i) becomes subject to any of the disqualifications specified in
sections 6 and 7 above,
his seat on the Council shall thereupon become vacant.
10.-(1) The Mayor shall be directly elected by the electorate from
among persons who offer themselves as candidates for Mayor in a
general election held to elect a new Council.
Direct election of
Mayor.
CAP. 4.
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(2) At the first meeting of the Council after every general election
to constitute a new Council, and at the end of every year thereafter, the
members of the Council shall elect a Deputy Mayor from among their num-
ber.
(3) Whenever a vacancy occurs in the office of Mayor through death,
resignation or otherwise, the Deputy Mayor shall, subject to sections 6, 7
and 9 above, act as Mayor for the remainder of the term of office of the
Council.
(4) During the illness or absence on leave of the Mayor, the Deputy
Mayor shall exercise and perform all powers and duties conferred upon the
Mayor by this Act and Regulations made thereunder.
(5) The Deputy Mayor may at any time during his term of office be
removed from office at a meeting of the Council by a majority resolution of
the members of the Council present and voting at that meeting, and a new
Deputy Mayor may be elected for the unexpired term of office of the Council
by the members of the Council from among their number.
(6) Notice of a resolution under subsection (5) above shall be given to
all the members of the Council not less than fourteen days before the meet-
ing at which the resolution is proposed.
(7) The Mayor shall, subject to the provisions of this Act and any Regu-
lations made thereunder, be the chief executive officer of the Council and
shall be responsible for providing effective leadership and direction for the
Council, and without limiting the generality of the foregoing, shall be re-
sponsible for: -
(a) developing sister-city or sister-town relations with other cit-
ies or towns within and outside Belize;
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(b) supervising the City Administrator and ensuring that the City
Administrator implements the decisions of the Council;
(c) subject to section 11(1) below, granting leave of absence
to members of the Council;
(d) assigning members of the Council, subject to his direction
and control, with specific areas of responsibility in the man-
agement of the City’s affairs in such areas as environmen-
tal protection, revenue collection, City zoning, planning and
urban infrastructure, City sanitation, public health and mar-
ket management, tourist promotion and development, co-
ordination of public utilities, crime and drug reduction and
prevention, recreational planning and development, devel-
opment of sports and culture, traffic control and man-
agement, and coordination of relations and activities be-
tween the City, the Government of Belize, non-governmen-
tal organisations and civil society organisations;
(e) ensuring that Council meetings are open to the public, un-
less he directs otherwise;
(f) submitting for the consideration of the residents of the City
through notices in a newspaper in general circulation in the
City or through publications on radio and on television and
at meetings held pursuant to paragraph (g) below, at least
once every three months during the term of office of the
Council, sufficiently detailed reports showing the develop-
mental and other activities undertaken by the Council for
the benefit of the residents of the City;
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(g) arranging, at least once every six months during the term of
office of the Council, meetings where the residents of the
City may meet the members of the Council and may submit,
orally or in writing, any subjects or areas they feel should
be addressed by the Council in the administration and man-
agement of the City;
(h) ensuring that the Council discharges the duties imposed upon
it by or under this Act;
(i) such other areas in the administration and management of
the City as the Council may, by two-thirds majority resolu-
tion, decide to confer on him.
11.-(1) The Mayor may, with the concurrence of four other members, grant
leave of absence to any member for a period not exceeding six months.
(2) The Council may grant to the Mayor leave of absence not exceed-
ing six months.
12. The Council may by resolution fix an allowance to be paid to mem-
bers from monies constituting the Belmopan City Fund.
PART III
Appointment of Officers and Employees and
their Conditions of Service
13.-(1) The Council shall appoint a suitably qualified person as City Ad-
ministrator who shall assist the Mayor in the day to day management of the
affairs of the Council and the City of Belmopan.
Leave of absence.
Power to fix
allowances.
Appointment of
officers and
employees of the
Council and
conditions of
service.
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(2) The Council may appoint such other suitably qualified officers
and employees as it thinks necessary for the efficient administration of the
affairs of the City of Belmopan.
(3) The power to remove, promote, or take disciplinary action against
officers and employees of the Council, including the City Administrator,
shall be and is hereby vested in the Council.
(4) The Council may pay its officers and employees such salaries,
allowances, pensions, gratuities and other benefits out of the Belmopan
City Fund as it considers necessary.
14. Every officer or employee employed for the purposes of this Act
who exacts or accepts on account of anything done or not done relating to
his duties any fee or reward whatever other than the salary or allowance
ordered or allowed by the Council is guilty of an offence and is liable on
summary conviction to a fine of not more than ten thousand dollars or to
imprisonment for a period of not less than one year nor more than five
years, or to both such fine and period of imprisonment.
PART IV
Elections
15.-(1) Every person who -
(a) is registered as an elector for the electoral divisions under
the Representation of the People Act comprised in the City
of Belmopan; and
(b) subject to subsection (2) below, is in possession of an iden-
tification card issued to him under that Act; and
Penalty on officers
for taking gratuity.
Persons entitled to
vote at elections to
constitute a new
council.
CAP. 9.
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(c) resides within the limits of the City of Belmopan, and has
continuously so resided for a period of three months imme-
diately before an election,
shall be entitled to vote at the election of a member of the Council.
(2) Notwithstanding subsection (1) above, a person who has been reg-
istered under the Representation of the People Act, but who is unable to
produce his identification card, shall be permitted to vote upon proving to
the satisfaction of the presiding officer that although he has been registered,
he has not been issued with an identification card or that the identification
card issued to him has been lost or destroyed.
(3) Where a person is permitted to vote under subsection (2) above,
the presiding officer shall so state to the candidates or agents then present
in the polling station, and also make a record of his reasons for so doing
and shall maintain a list of the names and registration numbers of the elec-
tors voting without producing their identification cards, showing the num-
ber of the ballot paper issued to each of them.
16.-(1) The Elections and Boundaries Commission may, after consulta-
tion with representatives of civil society organisations and other interested
bodies, make Regulations:-
(a) to provide for the registration of electors;
(b) to provide for the holding of elections and by-elections of
members of the Council;
(c) to provide for the conduct of elections of members of the
Council;
(d) to prohibit any act or matter which in its opinion is not con-
ducive to the maintenance of order on polling day;
Regulations
relating to
elections.
CAP. 9.
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(e) to declare any act committed in the course of any cam-
paign for election or at an election, an election offence;
(f) to declare the grounds upon which an election may be chal-
lenged and the persons who may challenge an election;
(g) to declare the grounds upon which an election may be
voided and the procedure for challenging an election;
(h) to provide for the trial of election petitions and matters
connected therewith including the deposit of security and
award of costs;
(i) to prescribe the form of the ballot papers and sample bal-
lot papers;
(j) to provide for the custody and disposal of ballot papers;
(k) to prescribe the method of marking voters at elections;
(1) to provide for penalties for the breach of any Regulations;
and
(m) to prescribe for all such other matters relating to elections
as may be necessary for the carrying out of the provisions
of this Act.
(2) Contraventions of any Regulations made under subsection (1) above
may be declared by the Elections and Boundaries Commission to be ille-
gal practices, and provision may be made in the said Regulations for the
punishment on summary conviction, of persons committing or aiding, abet-
ting, inciting, taking part or attempting to take part in the commission of
such illegal practices, by:-
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(a) a fine not exceeding two thousand dollars; and
(b) disqualification from voting at any election under this Act,
the Belize City Council Act, the Town Councils Act, the
Representation of the People Act, and from being elected
or appointed, as the case may be, as a member of a City
Council, Town Council, Village Council, or of the National
Assembly for a period of three years from the date of his
conviction.
(3) Regulations made by the Election and Boundaries Commission un-
der this section shall be laid on the table of the House of Representatives
by the Minister as soon as may be after the making thereof and shall be
subject to negative resolution.
(4) Until such time as Regulations mentioned in this section are made
by the Elections and Boundaries Commission, Regulations applicable to
Belize City in respect of the same matters shall be applied, mutatis mutan-
dis, to elections for the City of Belmopan.
17.-(1) The Minister may make Regulations -
(a) with respect to the incurring of expenses and the making of
payments by or on behalf of a candidate, whether before,
during or after an election, on account of or in respect of,
the conduct or management of such election;
(b) requiring the appointment of an election agent through or by
whom all expenses or payments as mentioned in paragraph
(a) above shall be incurred or made;
(c) fixing the maximum amount of expenses that may be incurred
or paid, whether before, during or after an election, on ac-
count, or in respect of the conduct or management of such
election;
CAP. 85.
CAP. 87.
CAP. 9.
Regulations
relating to
election ex-
penses.
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(d) fixing the time within which all election expenses shall be
paid and barring all claims in respect thereof not made within
the prescribed time; and
(e) requiring a return of expenses and prescribing the form in
which the same shall be made and verified.
(2) Contraventions of Regulations made under subsection (1) above
may be declared by the Minister to be illegal practices, and provisions
may be made in the said Regulations for the punishment on summary con-
viction, of persons committing or aiding, abetting, inciting, attempting to
take part or taking part in the commission of such illegal practices, by: -
(a) a fine not exceeding two thousand dollars; and
(b) disqualification from voting at any election under this Act,
the Town Councils Act, the Belize City Council Act, the
Representation of the People Act, and from being elected
or appointed, as the case may be, as a member of a City
Council, Town Council, Village Council or of the National
Assembly for a period of three years from the date of his
conviction.
(3) Regulations made by the Minister pursuant to this section shall
be subject to negative resolution by the House of Representatives.
(4) An election petition may be presented in respect of any illegal
practice declared by such Regulations to be the grounds for the presenta-
tion of any such petition.
(5) Until such time as the Minister makes Regulations mentioned in
this section for elections to the Belmopan City Council, Regulations appli-
cable to Belize City in respect of the same matters shall be applied, muta-
tis mutandis, to elections for the City of Belmopan.
CAP. 87.
CAP. 85. CAP. 9.
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18.-(1) For the purposes of holding an election, the Elections and Bound-
aries Commission established under section 88 of the Belize Constitution
shall, from time to time and as occasion demands, appoint a person to be
the Returning Officer for the City of Belmopan, and may appoint one or
more persons to assist the Returning Officer in the performance of his du-
ties. A person so appointed to assist the Returning Officer shall have all the
powers and may perform all the duties of the officer he is appointed to
assist, and any reference in this Act or Regulations made thereunder to a
Returning Officer shall, unless the context otherwise requires, be deemed
to include a reference to every such person.
(2) The Chief Elections Officer shall, with the approval of the Com-
mission, appoint an Election Clerk and one or more Assistant Clerks for
the City of Belmopan. If at any time between the dissolution of a Council
and the declaration of the result of the election following thereon the Re-
turning Officer dies or becomes incapable of performing his duties as such,
the Election Clerk shall forthwith report that fact to the Chief Elections
Officer and shall discharge all the duties and exercise all the powers of the
Returning Officer until some other Returning Officer is appointed or the
Returning Officer ceases to be incapable of performing his duties, as the
case may be.
(3) An appointment made under subsections (1) and (2) may be re-
voked at any time.
PART V
Council Meetings and Proceedings
19.-(1) The Council may from time to time make Regulations to regulate
Council meetings and proceedings, and the meetings and proceedings of
any Committees established by the Council.
Returning Officer
and Election
Clerks.
CAP. 4.
Council may
make regulations
to regulate
meetings.
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(2) Without prejudice to the generality of subsection (1) above, such
Regulations may provide for all or any of the following matters, namely:-
(a) the regulation of the proceedings of the Council and of
Committees and the conduct of meetings thereof respec-
tively;
(b) the regulation of the time and manner of holding annual and
other stated and also ordinary meetings of the Council and
regulating the business that may be transacted thereat re-
spectively;
(c) the provision of the custody of documents and regulation
of the custody, and use, and mode and form of attestation
of the common seal of the Council;
(d) the regulation of the duties of the Council’s officers and
employees;
(e) the procedure to be followed at the election of Deputy
Mayor;
(f) the places at which ordinary and special meetings of the
Council may be held;
(g) the procedure for convening meetings of the Council;
(h) the period of notice to be given to members before a meeting
of the Council;
(i) the person who shall preside at meetings of the Council in
the absence or the inability to preside of both the Mayor
and the Deputy Mayor;
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(j) the quorum for meetings of the Council and the manner
of voting thereat;
(k) the prohibition of any member of the Council or of a Com-
mittee from taking part in any discussion or voting in re-
spect of any matter in which he is directly or indirectly inter-
ested;
(1) the maintenance of order at meetings of the Council;
(m) the rights of certain persons to attend meetings of the Council
and the powers and privileges of such persons while in atten-
dance; and
(n) anything incidental to or connected with the matters
referred to in this subsection.
(3) Regulations made by the Council under this section shall be subject
to negative resolution by the House of Representatives.
(4) Notwithstanding any other rule of law to the contrary, Council meet-
ings shall be open to the public unless otherwise directed by the Mayor.
20. The proceedings of the Council or of any Committee thereof shall
not be invalidated by any vacancy among its members, or the want of
qualification of a member.
Vacancy not to
invalidate
meetings.
Belmopan City CouncilCAP. 86]
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PART VI
The Belmopan City Fund
21. There shall be and is hereby established for the purposes of the
Council a fund to be known as the “Belmopan City Fund” into which
shall be deposited or credited: -
(a) all monies voted from time to time by the National Assem-
bly for the use by the Council in the administration of the
City of Belmopan;
(b) all monies payable in any manner whatsoever to the Coun-
cil whether under or pursuant to this Act or Regulations
made thereunder or otherwise;
(c) all fines and penalties recovered summarily on the infor-
mation of the Council or of any officer, employee or mem-
ber thereof for non-compliance with the provisions of this
or any other Act or Rules,
(2) The Belmopan City Fund shall be kept at such banks or other
financial institutions as the Council may from time to time determine.
PART VII
Financial Provisions
22.-(1) Whenever the general interest and welfare or development of the
City of Belmopan will, in the opinion of two-thirds of the members of the
Council, be advanced by an expenditure greater than can be met out of
Establishment of
Belmopan City
Fund and monies
constituting the
fund.
Loans, when and
how raised.
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the annual revenue of the Belmopan City Fund, the Council may, by resolu-
tion carried by its majority, recommend to the Minister for the time being
responsible for Finance, on the guarantee of an annual allocation of such
amount of the Belmopan City 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 such development.
(2) Upon such recommendation the Minister for the time being re-
sponsible for Finance may borrow such sum of money as may be authorised
under the Local Public Loans 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 monies which may then or thereafter form
part of the Belmopan City Fund:
Provided that it shall be lawful for the Minister responsible for Fi-
nance to advance from the public funds of Belize any sum required by the
Council, on such terms and conditions as the said Minister may determine,
if the said Minister is satisfied that the Council shall be able from its ordi-
nary revenue to repay the amount advanced within such time as he may
determine.
(3) Notwithstanding section 23 (5) below, the Minister of Finance may,
from time to time and as occasion requires, appoint a person as Financial
Controller; or designate a public officer as such Controller, and the func-
tions of such Financial Controller shall include the monitoring of the man-
agement of, and disbursement from, the Belmopan City Fund to ensure
they comply with accepted accounting and commercial procedures.
23.-(1) The Council shall, before the end of January in each year, submit to
the Minister for the time being responsible for Finance, through the Minis-
ter, an estimate of revenue and expenditure for the period of one year com-
mencing from 1st April then next ensuing and the Minister for the time being
responsible for Finance may issue his warrant for the whole or such part of
Submission of
estimates of
revenue and
expenditure.
CAP. 80.
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the lawful expenditure as he may approve, subject to such conditions as to
him may seem fit.
(2) The estimates of the Council shall as soon as possible after receipt
thereof by the Minister for the time being responsible for Finance be laid
by him on the table of the National Assembly.
(3) The Minister for the time being responsible for Finance may, at
any time when a matter appears to him to be of sufficient urgency, permit
the Council to incur any lawful expenditure not provided in the approved
estimates, and shall as soon as possible thereafter inform the National
Assembly that such additional expenditure has been approved.
(4) In this section, “lawful expenditure” means expenditure incurred in
exercise of any of the powers or performance of any of the duties con-
ferred or imposed on the Council by any existing or future legislation.
(5) The Council may from time to time make Regulations prescribing
the manner in which the accounts of the Council are to be kept and dis-
bursements made, and for the audit of the accounts of the Council by
auditors duly approved by the Council.
(6) The accounts of the Council shall be audited annually by an audi-
tor appointed in each year by the Council with the approval of the Minis-
ter.
(7) Within four months after the end of each financial year, the Council
shall cause to be made and shall submit to the Minister:-
(a) a statement of its accounts audited in accordance with sub-
section (6) above; and
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(b) a report dealing generally with the activities of the Council
during that financial year.
(8) The Minister shall cause a copy of such report together with the
annual statement of accounts and the auditor’s report thereon to be tabled
in the National Assembly.
(9) In this section “Minister” means the Minister for the time being re-
sponsible for Finance.
PART VIII
Duties and Powers of the Council
Streets and adjoining Lands
24.-(1) All streets, in which term is included public drains and bridges
within the boundaries of the City of Belmopan, shall be under the control,
care and management of the Council.
(2) The Council is empowered in respect of any street to do any of the
following things:-
(a) to lay out, construct, repair, alter or widen all streets with
such material and in such manner as the Council thinks fit;
(b) to make surveys for the laying out of new streets;
(c) to determine what part of a street shall be a carriage-way
and what part a foot-way only;
(d) to alter the level of any street;
General powers
as to streets etc.
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(e) to stop temporarily the traffic on any street or part thereof
while such street is being constructed or repaired;
(f) to plant trees in any street in the City of Belmopan and
erect tree guards to protect the same;
(g) to provide for the naming, numbering and lighting of places
and streets; and
(h) to sell the surplus spoil of streets.
(i) subject to the Motor Vehicles and Road Traffic Act, to
determine traffic flows, parking and all other matters re-
lated to traffic regulation.
(3) The Council shall exercise the power to make any new street or
divert or widen or diminish the width or alter the level of any street only
after inserting a notice to that effect in the Gazette at least four weeks
previously to the date of the exercise of such power, inviting the residents
of the City of Belmopan to make representation in writing to the Council in
connection with the exercise of the power. The Council shall, before ex-
ercising the power, genuinely consider and take into account the represen-
tations, if any, made by the residents of the City of Belmopan, but shall not
be obliged to follow them.
(4) Subject to subsection (6) below, the Council may by resolution
declare that any existing street shall be closed, diverted or turned, and that
some other shorter or more convenient course shall be substituted for any
street so closed, diverted or turned as the public advantage may require.
(5) Whenever it appears to the Council that having regard to the lim-
ited use made of any street, the closing thereof without the provision of
any other course will not result in serious handicap, difficulty or inconve-
CAP. 230.
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nience to the public, the Council may, subject to subsection (6) below, by
resolution declare that the street be closed without ordering that any other
street be substituted therefor.
(6) Before proceeding to exercise the powers conferred upon it under
subsections (4) and (5) above, the Council shall insert a notice in the
Gazette at least four weeks previously to the exercise of the said powers
and shall in that notice invite the residents of the City of Belmopan to make
written representations to it in connection with the proposed exercise of
such powers. The Council shall, before exercising the powers, genuinely
consider and take into account the representations, if any, made by the
residents of the City of Belmopan, but shall not be obliged to follow them.
(7) The Council shall, in addition to the powers specified in this section,
enjoy such further additional powers in respect of public roads and streets
within the City of Belmopan as are or may hereafter be conferred upon it
by or under the Public Roads Act.
25.-(1) Without prejudice to any other powers conferred on the Council by
this Act or any other law, the Council shall have the power and responsibil-
ity of coordinating the activities and operations of all utility agencies and
property developers within the City of Belmopan with respect to the exca-
vation and restoration of streets, canals, creeks and other public rights of
way, with the object of preventing damage to the City infrastructure and
minimizing the disruption of utility services to the City of Belmopan.
(2) Where any damage or injury to the infrastructure of the City of
Belmopan is caused by a utility agency or the Council in the excavation and
restoration of any public road, street, canal, creek and other public right of
way, the Council shall be responsible, subject to subsection (3) below, to
make good such damage or injury and to restore the infrastructure to a
good state of general repair.
CAP. 232.
Council’s power
to coordinate
activities of
utility agencies.
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(3) Where the Council incurs extraordinary expenses in repairing the
infrastructure by reason of the damage or injury to any street, road, canal,
creek and other right of public way caused under subsection (2) above or
by excessive weight passing along such street, road, canal, creek or other
right of public way or extraordinary traffic thereon, the Council may re-
cover the expense from any person by whose order such damage or injury
has been caused, as a civil debt in any summary jurisdiction court.
(4) For the purpose of subsection (1) above, the Council may make
By-Laws to control and regulate the activities and operations of utility
agencies.
(5) There shall be established within the administration of the Belmopan
City Council a Utility Coordination Unit with power to ensure effective
coordination between all utility agencies and to enforce By-Laws made
pursuant to subsection (4) above.
(6) In this section, the expression “utility agencies” means all corpora-
tions, companies, and entities which provide electricity, water and sewer-
age, telephone, telefax, gas, and other utility services.
(7) The provisions of this section shall have effect notwithstanding the
provisions of any other law to the contrary but shall be exercised subject
to the provisions of the Public Utilities Act.
26.-(1) Any person who, not being authorised by the Council or by any
law: -
(a) encroaches on a street or other public right of way by mak-
ing or erecting any building, fence, ditch, or other obstacle
or work of any kind upon, over or under it or planting any
tree or shrub thereon;
Penalties for
injuries to streets,
etc.
CAP. 223.
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(b) places or leaves on a street or other public right of way any
timber, earth, stones or other things;
(c) digs up, removes or alters in any way the soil or surface or
scrapings of a street;
(d) allows any water, tailings or sludge or any filthy or noisome
matter to flow from any building or land in his occupation
on a street or other public right of way;
(e) causes or permits any timber or other heavy material not
being wholly raised above the ground on wheels to be
dragged on a street or other public right of way;
(f) causes or negligently allows any retaining wall, foundation-
wall or fence erected on any land or slope of earth or any
building, erection, material or thing to give way or fall so as
to injure or obstruct any street or other public right of way;
(g) does, causes or permits to be done any act whatever by
which any injury is done to any street or other public right
of way or any work or thing in, or under, it; or
(h) defaces, obliterates or removes any number, mark or
name painted or affixed on any lot, house, building, street,
sign, street lights or square,
is guilty of an offence and is liable on summary conviction to a fine not
exceeding five hundred dollars and to a further sum equal to the cost in-
curred by the Council in removing the encroachment, obstruction or matter,
or in repairing any injury done as specified in paragraphs (a) to (h) above.
(2) No penalty shall be imposed under this section unless the informa-
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tion or complaint is laid by the authority of the Council or some officer
thereof.
27. If any land adjoining any street within the boundaries of the City of
Belmopan is allowed to remain unfenced or if the fences of such land are
allowed to be or remain out of repair and the land is, owing to the absence
or inadequate repair of any such fences, a source of danger to passengers,
cyclists or pedestrians, or is used for any immoral or indecent purpose, or
for any purpose causing inconvenience or annoyance to the public, the
Council may, at any time after the expiration of fourteen days from the
service upon the owner or occupier of such land of a notice in writing by
the Council requiring the land to be fenced or any fence on the land to be
repaired, cause the land to be fenced or the fences thereto to be repaired
in a manner it thinks fit, and the reasonable expenses thereby incurred
shall be recoverable from the owner or occupier summarily as a civil debt.
28.-(1) The Council may, by notice in writing to the owner of any land,
require such owner, within a reasonable time specified in such notice, to
cause a sufficient fence to be erected dividing the land from any adjoining
street or to cause any fence dividing the land from any adjoining street to
be restored, repaired or otherwise put in a proper state of repair.
(2) An owner who makes default in complying with the requirements
of any notice served upon him under this section is liable to a fine of fifty
dollars for every day that the default continues after written notice thereof
from the Council.
General Powers and Duties
29. The Council is entrusted with the general rule and good govern-
ment of the City of Belmopan and has power, subject to the provisions
of this Part, to do all things necessary to carry out such trust, and in
particular has power and authority to do or cause to be done all or any
Council may
require owner to
erect fence.
Duties of the
Council.
Duty to fence or
repair fences in
certain cases.
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of the matters following:-
(a) to establish, regulate, control, construct, maintain and man-
age markets, slaughter-houses, bath-houses and wash-
houses, public restrooms;
(b) to impose rents and fees upon persons using or benefited
by such markets, slaughter-houses, wash-houses and bath-
houses, public restrooms;
(c) to impose such restrictions upon owners of land as may be
necessary to prevent any building upon such land from be-
ing or becoming a source of danger to surrounding proper-
ties whether from fire or from its insecure construction or
dilapidated condition;
(d) to undertake the marking and numbering of lots, houses,
buildings and yards for the purpose of distinguishing the same;
(e) to establish, maintain and control parks, gardens , squares
and open places within the City;
(f) to erect and maintain any City Hall or other building re-
quired for public purposes;
(g) to establish, maintain and control a public library;
(h) to manage and dispose of any lands, buildings or other
property acquired or owned by the Council for public
purposes;
(i) to prevent stray dogs, cats and other pets and domesticated
animals from roaming the streets of the City;
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(j) to prohibit excessive noise from bars, hotels, discotheques
and other places of entertainment;
(k) to do all such other things or matters for the purpose of
increasing the convenience and amenity of the City of
Belmopan.
30. Without prejudice to any other powers conferred upon, or duties
imposed on, the Council by this or any other Act or Regulations made
thereunder, the Council shall have the obligation to perform the following
duties in the City of Belmopan in an efficient and timely manner:-
(a) to maintain all public cemeteries in the City of Belmopan in
a sanitary manner and to keep such cemeteries in a general
state of good repair;
(b) to coordinate, control, manage or regulate the timely and
efficient collection and removal of all garbage and debris
material from all residential or commercial areas in the City
of Belmopan;
(c) to construct, repair, alter, widen, lay out and make
surveys for streets in the City of Belmopan, especially in
new residential or commercial areas;
(d) to repair, cleanse and keep clean and in good repair all or
any part of the walls of any public drain, canal, open spaces
or creek in the City of Belmopan, but this duty shall not be
construed as compelling the Council to cleanse any public
drain, canal, open space or creek at times when the public
health would in the opinion of the Council be endangered
by the operation;
Additional general
duties of the
Council.
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(e) to issue residential and commercial lots within the City lim-
its, on such terms and conditions as may be agreed upon by
the Council from time to time, to persons who make applica-
tion therefor;
(f) to remove derelict vehicles, subject to any other law, which
are an eyesore on Belmopan’s pristine environment.
PART IX
Pensions
Preliminary
31. In this Part, unless the context otherwise requires:-
“officer” means a person who is on the permanent established staff of the
Council;
“pensionable emoluments” includes salary and personal allowance;
“personal allowance” means a special addition to salary granted personally
to the holder for the time being of the office;
“salary” means the actual salary attached to an office.
General Provisions Relating to Pensions
32. There shall be charged on and paid out of the revenues of the
Council all sums of money as may be granted by way of pension to an
officer in accordance with this Part and Regulations made thereunder.
33.-(1)No officer shall have an absolute right to a pension under this Act
Interpretation of
words and
phrases used in
this Part.
Pensions to be
charged on
revenues of
Council.
Pensions not of
right.
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nor shall anything contained in this Act limit the right of the Council to
dismiss an officer without a pension.
(2)Where it is established to the satisfaction of the Council that an
officer has been guilty of negligence, irregularity or misconduct, the officer’s
pension may be reduced or altogether withheld.
34. Subject to section 44 below, all the service of an officer, includ-
ing service on probation or agreement if there has been no breach
between such service and the confirmation of the officer in his appoint-
ment, but not including service while under the age of twenty years, shall
be taken into account in computing his pension.
35. The Council may require an officer to retire from its service at
any time after he attains the age of fifty-five years.
36. No pension shall be granted to an officer who has not attained
the age of fifty-five years, unless on medical evidence to the satisfaction
of the Council that he is incapable, by reason of some infirmity of mind
or body, of discharging the duties of his office, and that such infirmity is
likely to be permanent and is not attributable to his own misconduct or
gross negligence.
37. No pension granted to an officer under this Act shall exceed two
thirds of the highest pensionable emoluments drawn by the officer at any
time in the course of his service.
38. Subject to this Part, an officer may be granted on his retirement
a pension at three-fourths of the rate for which provision is made in the
Pensions Regulations made under the Pensions Act.
39.-(1)Subject to this Part, service qualifying for pension shall be the in-
clusive period between the date on which an officer began to draw salary
Computation of
service for
pension.
Retirement at fifty-
five.
Pensions not
payable before
fifty-five years
except in certain
cases.
Maximum pen-
sions.
Pensions; to whom
and at what rate to
be granted.
CAP. 30.
Period of service
qualifying for
pension defined.
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from the funds of the Council and the date of his leaving the service of the
Council.
(2)Service qualifying for pension shall be unbroken service, except in
cases where it has been interrupted by abolition of office or other tempo-
rary suspension of employment not arising from misconduct, gross negli-
gence or voluntary resignation.
40.-(1) Where an order of maintenance has been made by a court of com-
petent jurisdiction against an officer to whom a pension has been granted,
the Council may, on its being proved to it that there is no reasonable prob-
ability of the order being satisfied, from time to time deduct from the mon-
ies payable to the officer by way of pension such sum or sums as the Coun-
cil may think expedient, and apply the same to satisfy wholly or in part the
maintenance order.
(2)Where an officer to whom a pension has been granted has left Belize
and deserted and left his wife or child within Belize without sufficient means
of support, the Council, on being satisfied that the wife or child is by reason
of the officer’s absence from Belize unable, and would but for the absence
be able, to obtain an order of maintenance, may from time to time deduct
from the monies payable to such officer by way of pension such sum or
sums as the Council may think expedient, and may apply it for the mainte-
nance and support of the wife or child.
(3)Where an officer to whom a pension has been granted has been
adjudicated a person of unsound mind and has a wife or a child or children
living, the Council may deduct from the monies payable to such officer by
way of pension such sum or sums as it may think expedient and apply it for
the maintenance and support of the wife or any child or children of the
officer.
41. Subject to section 40 above, no pension granted under this Act
A Council may
apply part of a
person’s pension
towards the
maintenance of
his wife or
children.
Pensions not to
be assignable.
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shall be assignable or transferable, or liable to be attached, sequestered,
or levied upon, for or in respect of any debt or claim whatever.
42. Any officer to whom a pension is granted under this Act may, at his
option, be paid in lieu of such pension, a pension at the rate of three-
fourths of such pension together with a gratuity equal to twelve and one-
half times the amount of the reduction so made in the pension.
43.-(1) A person who resigns from the service of the Council after com-
pleting not less than ten years of continuous service may be granted a
gratuity.
(2) An officer who resigns from the service of the Council after com-
pleting not less than fifteen years of pensionable service may be granted in
accordance with Regulations made under this Act:-
(a) a gratuity, if he resigns after completing not less than ten
years of continuous service; or
(b) a pension and gratuity, if he resigns after completing not
less than fifteen years of continuous service.
(3) In the case of subsection (2) above, the pension (but not gratuity)
shall be deferred until the officer reaches the normal retirement age, or in
special cases with the approval of the Council, any lower age not being
less than fifty years.
44. Subject to the provisions of this Part, where a person retires from
the service of the Council before completing ten years of continuous ser-
vice, he may be granted in respect of such service, a gratuity not exceed-
ing five times the annual amount of the pension which might have been
granted had there been no qualifying period.
Payment of
pension/gratuity
upon resignation.
Gratuity where
service does not
qualify for
pension.
Lump sum
gratuity with
reduced pension.
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45.-(1) Where a female officer retires or opts to retire for the reason that
she is about to marry or has married, and she is not eligible for the grant of
any pension or otherwise eligible for gratuity under this Part, she may be
granted in respect of her service under the Council, a gratuity of an amount
not exceeding five times the annual amount of the pension for which she
would have been eligible had there been no qualifying period.
(2) For the purpose of computing the amount of gratuity under sub-
section (1) above:
(a) the reference to two-thirds of her highest pensionable
emoluments shall have effect as if the reference were a
reference to one-fifth of her annual pensionable emolu-
ments;
(b) the annual amount of that pension shall not exceed one-
fifth of her annual pensionable emoluments.
Manner of Computing Pensions
46.-(1) For the purpose of computing the amount of an officer’s pension
the following periods shall be taken into account as pensionable service:-
(a) any periods during which he has been on duty;
(b) any periods during which an officer has been absent from
duty on leave with full pay.
(2)The periods during which an officer has been absent on leave on
half-pay shall, for the purposes of this Part, be counted at the rate of one
day for every two days of such period.
Pensionable
service.
Gratuity for
female officer.
Belmopan City CouncilCAP. 86]
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(3)Any period during which he has been absent on leave, other than
those specified above, shall be deducted from the officer’s total service in
order to arrive at his period of pensionable service.
47. For the purpose of computing the amount of an officer’s pension:-
(a) in the case of an officer who has held one office for a pe-
riod of three years immediately preceding the date of his
retirement, the full pensionable emoluments payable to him
at that date in respect of that office shall be taken;
(b) in the case of an officer who at any time during such period
of three years has been transferred from one office to an-
other, but whose pensionable emoluments have not been
changed by reason of such transfer or transfers, the full
pensionable emoluments payable to him at the date of his
retirement in respect of the office held by him shall be taken,
(c) in other cases, the average of the full pensionable emolu-
ments payable in respect of each of the offices substan-
tively held by the officer during his tenure thereof within
such period of three years shall be taken:
Provided that if such average is less than the full pensionable emolu-
ments which were payable to him at the date of the first transfer within
such period of three years, the Council may grant him a pension calculated
upon the full pensionable emoluments payable to him at that date.
48.-(1) The Council may make Regulations to govern the administration
of pensions and gratuities payable to its officers and employees under
this Part.
(2)Regulations made by the Council under subsection (1) above shall
be subject to negative resolution.
Pensions Regula-
tions.
Computation of
pensions, etc., on
what emolument
to be based.
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PART X
Legal and General
49.-(1) The Council may from time to time make By-laws on all matters
connected with the rule and good order of the City of Belmopan and for
the proper carrying out of the objects and purposes of this Act.
(2) Without prejudice to the generality of subsection (1) above, such
By-laws may provide for all or any of the following, namely: -
(a) for the establishment, control and use of public lavatories
and latrines;
(b) for the licencing of horses, mules, carts, drays and handcarts
kept or used in or within the City limits and the imposition
of rents and fees in respect thereof;
(c) for the establishment, regulation, control, maintenance, and
management of markets, slaughter-houses, bath-houses, and
wash-houses, and the imposition of rents and fees payable
by persons using or benefited by such markets, slaughter-
houses, bath-houses, wash-houses, meat or other stalls
therein;
(d) for regulating the lighting of places, streets, markets and other
buildings under the control of the Council, and the naming
and numbering of any houses, lots, places and streets in the
City;
(e) for prohibiting, except in the case of wild animals which may
be shot in the bush, the killing or slaughtering of any animal
the flesh of which is intended for human food in any place
within, or within one mile beyond the limits of, the City of
General powers
of Council to
make By-laws.
Belmopan City CouncilCAP. 86]
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Belmopan, other than in the slaughter-house;
(f) for prohibiting the exposing or exhibition for sale of the
flesh of any animal, other than a wild animal shot in the
bush, in any place within, or within one mile beyond, the
limits of the City of Belmopan, other than in the market or
such other place or places as the Council may appoint;
(g) for the regulation of parks, gardens, public recreation
grounds, bridges, streets, canals and public drains, includ-
ing the imposition of fees for the use thereof;
(h) for the service of notices, orders, and other documents
required or authorised to be served by or on the Council
under this Act or any Regulations made thereunder; and
(i) generally for all matters connected with the rule and good
government of the City of Belmopan and the proper carry-
ing out of the objects and purposes of this Act.
(3) All By-laws made by the Council under this section shall be laid
before the House of Representatives through the Minister after the making
thereof and shall be subject to negative resolution by that House.
50.-(1) Where any By-laws made by the Council under this Act prescribes
any fees, fines, penalties and forfeitures, such by-laws shall be subject to
affirmative resolution by the House of Representatives.
(2) All licences, fees, fines, penalties and forfeitures imposed by this
Act or any By-laws made hereunder shall be recoverable under the Sum-
mary Jurisdiction Acts.
51. All documents and notices whatever purporting to be issued or
written by or under the direction of the Council and purporting to be signed
By-laws prescrib-
ing fees.
CAP. 98.
CAP. 99.
Admissibility in
evidence of
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Belmopan City Council [CAP. 86 45
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by the Mayor or City Administrator shall be deemed to be issued or written
by or under the direction of the Council without proof unless the contrary
be shown.
52. In any prosecutions or other legal proceeding under this Act or any
By-laws made thereunder instituted by, against or under the direction of the
Council, no proof shall be required:-
(a) of the persons constituting the Council, or the extent of
the City of Belmopan; or
(b) of any order to prosecute or of the particular or general
appointment of any officer of the Council; or
(c) of the authority of the Mayor, City Administrator or other
officer of the Council to prosecute; or
(d) of the election of the Mayor of the Council; or
(e) of the presence of a quorum of the Council at the making of
any order or the doing of any act,
until evidence is given to the contrary.
53. Where any land is required for public purposes by the Council,
such land shall for all purposes be taken to be land required by the Minister
for public purposes, and may be acquired in the manner prescribed by the
Land Acquisition (Public Purposes) Act.
54.-(1) Whenever under this Act any works of any kind are required to be
executed or carried out, on any private land, property or premises, the
expenses incurred by the Council in respect thereof shall be a debt due to
the Council by the owner for the time being of the premises.
Land, how
acquired.
Council may
cause work to be
executed in case
of default.
documents
signed by
Mayor or City
Administrator.
Proof of legal
proceedings.
CAP. 184.
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(2) The amount of the expenses so incurred by the Council shall bear
interest at the rate of seven per centum per annum from the date of comple-
tion of the work executed or carried out by the Council until payment in
full be made to the Council.
(3) Subject to this Act, the amount of the expenses so incurred with
the interest thereon and mortgagees’ costs shall be a first charge on the
property in respect of which the work was executed or carried out by the
Council and shall be prior and preferential to all existing or future charges
or encumbrances except those in favour of the Government and the Coun-
cil shall have the like rights and remedies as if the payment of such ex-
penses, interest and costs had been secured by a legal mortgage of a fee
simple in favour of the Council.
(4) The Council shall not obtain any charge under this section unless a
memorandum giving particulars of the charge is executed by the Council
and recorded at the General Registry within two months from completion
of the work executed or carried out by the Council or within such further
time as the Chief Justice may allow under the General Registry Act.
(5) The Chief Justice may make Rules prescribing the form of memo-
randum referred to in subsection (4) above.
(6) A memorandum required by this section shall be recorded without
the payment of any recording fee and shall be exempt from stamp duty.
55.-(1) No matter or thing done and no contract entered into by the Council
and no matter or thing done by any member, officer or employee of the
Council shall, if the matter or thing were done or the contract were en-
tered into bona fide for the purpose of executing this Act, subject them or
any of them personally to any action, liability, claim, or demand, whatso-
ever.
Members of
Council not liable.
CAP. 327.
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Belmopan City Council [CAP. 86 47
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(2) Any expense incurred by the Council, or by any such member, of-
ficer or employee shall be borne and repaid out of the Belmopan City Fund.
56. Every person who obstructs or impedes or insults or molests or
attempts to obstruct or impede or insult or molest any member of the Council,
or the City Administrator or other officer or employee of the Council law-
fully authorised 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 or any Regulations or By-laws is guilty of an offence and is liable
on summary conviction to a fine not exceeding two thousand dollars.
57. All expenses incurred or payable by the Council pursuant to this
Act or any Regulations made thereunder shall be paid out of the Belmopan
City Fund and all disbursements therefrom shall be in accordance with
Accounting Regulations which may be made by the Council from time to
time.
58. Without prejudice to any other law which vests any powers in the
Council, the Council shall have and enjoy such additional powers and func-
tions as are or may hereafter be specified in the following Acts:-
(a) Public Roads Act;
(b) Trade Licensing Act;
(c) Intoxicating Liquor Licensing Act;
(d) Motor Vehicles and Road Traffic Act; and
(e) Towns Property Act.
59. An offence under this Act or any Regulations made thereunder may
be commenced within one year after the commission of the offence, or within
one year after the Council becomes aware of the offence, whichever is the
Expenses of the
Council; how
met.
Additional
powers and
functions of the
Council.
CAP. 232.
CAP. 66.
CAP. 150.
CAP. 230.
CAP. 65.
Recovery of
penalties.
Protection of
Council
officials.
Belmopan City CouncilCAP. 86]
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later.
60.-(1) The Council may make Regulations for the better carrying out of
the objects and purposes of this Act, and without prejudice to the gener-
ality of the foregoing, such Regulations may provide for:-
(a) the power of the Council to direct, through a notice
published in the Gazette, that any lots or land within the
City of Belmopan other than National Land be filled up
by the owner or occupier thereof to the prescribed level,
and the procedure to follow during the filling up of the
land;
(b) the power of the Council to recover costs, and the manner
and method of the recovery of such costs (including the
sale of land and buildings) incurred by the Council under
this Act through doing or causing any work to be done on
the property of any person in the City of Belmopan where
such person has refused, neglected, defaulted or failed to
execute such work himself after due and reasonable notice
has been served on him by the Council;
(c) the authority of the Council to enter upon any land in the
City of Belmopan at all reasonable hours for the purpose
of carrying out powers and duties conferred or imposed
upon it by this Act;
(d) the discretionary powers of the Council in dealing with in-
digent or poor property owners in the City of Belmopan;
(e) street improvement and any matters related thereto;
Regulations.
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Belmopan City Council [CAP. 86 49
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(f) the erection of fences between adjacent lots and messages;
(g) the prohibition of unauthorised encroachments on river banks,
and the banks of drains, canals, and creeks in the City of
Belmopan;
(h) the regulation of any bridges in the City of Belmopan, in-
cluding the imposition of fees, fines and penalties in respect
of the use of same;
(i) the landing, storage and removal of inflammable liquids in
the City of Belmopan; and
(j) any other matter not specifically included in the paragraphs
above which may properly be dealt with by way of Regula-
tions.
(2) Regulations made by the Council under this section shall be subject
to negative resolution by the House of Representatives.
PART XI
Repeals, Savings and Transitional Provisions
61.-(1) In this section “transition period” means the period commencing
with the date on which a new Council is elected to office following the
March, 2000 general elections and expiring on the 1st day of April, 2000.
(2) Upon the expiration of the transition period, the Reconstruction
and Development Corporation shall pay the gratuities and other terminal
benefits to all the officers and employees employed by it in the discharge of
its municipal and development functions in respect of the City of Belmopan
pursuant to the provisions of the Belmopan (New Capital) Interim Provi-
Status of officers
and employees
employed by
Recondev.
CAP. 257.
R. E. 1980-1990.
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sions Act.
62.-(1) The Minister responsible for Finance may, by Order published in
the Gazette, transfer by lease or otherwise to the Council, under such
terms and conditions as the said Minister may deem fit, any property be-
longing to the Government which appears to him to be necessary or useful
to the Council for carrying out its functions under this Act, and such prop-
erty shall vest in the Council by virtue of the said Order and without fur-
ther assurance.
(2) An Order made under subsection (1) above:-
(a) may contain such incidental, consequential or supplemen-
tary provisions as the said Minister thinks necessary or
expedient for the purpose of the Order;
(b) shall be subject to negative resolution by the House of
Representatives.
63.-(1) Upon the commencement of this Act, the Belmopan (New Capi-
tal) Interim Provisions Act, shall stand repealed.
(2) All Regulations, By-laws, Rules, Orders and other subsidiary leg-
islation made under the repealed Act shall continue in force after the com-
mencement of this Act, until repealed by Regulations, By-laws, Rules, Or-
ders and other subsidiary legislation made hereunder.
64. This Act shall come into force on a day to be appointed by the
Minister by Order published in the Gazette.
Repeals and
savings.
CAP. 257.
R. E. 1980-1990.
Commencement.
Transfers of
property.
