Commencement: 8 December 1980

LAWS OF THE REPUBLIC OF VANUATU
REVISED EDITION 1988

CHAPTER 126

MUNICIPALITIES
Act 5 of 1980
Order 7 of 1982
Act 30 of 1983

ARRANGEMENT OF SECTIONS

SECTION

PART I
Interpretation

1.	Interpretation

PART II
Municipal Councils

2.	Declaration of municipalities
3.	Municipal councils
4.	Composition of councils
5.	Municipal seal
6.	Election of councillors

PART III
Term of Office and Election of Councillors

7.	Term of office of councillors and elections
8.	Disqualification for election as a municipal councillor
9.	Acts valid despite defects in election or appointment
10.	Vacation of office
11.	Filling of vacancies

PART IV
Meetings of Councils and Committees

12.	Standing orders
13.	Meetings of the council
14.	Chairman of meetings of a council
15.	Proceedings of a council
16.	Minutes of council and committee meetings
17.	Committees of councils
18.	Finance committee

PART V
Officers and Staff

19.	Municipal clerk
20.	Other officers
21.	Dismissal of clerk
22.	Power to engage staff
23.	Staff regulations
24.	Pension schemes

PART VI
Duties and Powers of Councils

25.	General duties
26.	General powers
27.	Contracts
28.	Agent for Government

PART VII
Land, Streets and Public Places

29.	Interests in land
30.	Acquisition of interests in land
31.	Power of sale and lease of interests in land
32.	Control or roads, streets, etc.
33.	Closure of roads and open spaces
34.	Compensation and betterment
35.	Provisions relating to traffic

PART VIII
Bye-laws

36.	Power to make bye-laws
37.	Procedure relating to bye-laws
38.	Bye-laws not to conflict with Acts or Orders
39.	Publication of bye-laws
40.	Penalty for contravention of bye-laws
41.	Power to enforce making of bye-laws

PART IX
Revenue and Expenditure

42.	Financial year
43.	Division of municipality budget into recurrent and extraordinary parts
44.	Recurrent revenue
45.	Extraordinary revenue
46.	Expenditure
47.	Capital and renewal account
48.	Power to raise loans
49.	Temporary loans
50.	Investment of funds
51.	Annual estimates
52.	Incurring expenditure not in accordance with estimates
53.	Bad debts
54.	Accounts
55.	Audit
56.	Inspection of accounts
57.	Financial regulations and tender board orders
58.	Rates

PART X
Inspection, Disallowance, Surcharge and Suspension

59.	Inspections
60.	Disallowance and surcharge
61.	Inquiries and suspension
62.	Reduction or refund of grants

PART XI
Miscellaneous

63.	Financial interest of councillors
64.	Representation of a council in courts
65.	Entry to premises
66.	Power of officers to require persons to give name and address
67.	Immunity from proceedings
68.	Bye-laws applicable to sub-divided municipality
69.	General penalty
SCHEDULE-Powers of Municipal Councils

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MUNICIPALITIES

To provide for the establishment of municipalities, elections to municipal councils, the powers of municipalities and other matters related thereto.

PART I
INTERPRETATION

INTERPRETATION

1.	In this Act -

"Electoral Commission" means the Electoral Commission established by Article 18 of the Constitution;

"Minister" means the Minister responsible for the Municipalities;

"Principal Electoral Officer" means the Principal Electoral Officer established by Article 19 of the Constitution and includes a deputy principal electoral officer.

PART II
MUNICIPAL COUNCILS

DECLARATION OF MUNICIPALITIES

2.	The Minister may by Order -

(a)	declare any area to be a municipality;

(b)	give a name to a municipality;

(c)	define the boundaries of any municipality and alter such boundaries;

(d)	declare that any area shall cease to be a municipality.

MUNICIPAL COUNCILS

3.	(1)	In every municipality there shall be established by the Minister, by Order, a municipal council which shall perform such duties and may exercise such powers as are imposed or conferred on such council by this or any other Act.

(2)	Every council shall be a body corporate by the name of the municipal council with perpetual succession and power -

(a)	to sue and be sued in its corporate name; and

(b)	to purchase, acquire, hold, manage and dispose of movable and immovable property.

COMPOSITION OF COUNCILS

4.	The Minister may from time to time by Order -

(a)	prescribe the composition of a council and the number of councillors;

(b)	divide a municipality into territorial wards and vary the boundaries of any such wards;

(c)	prescribe the number of councillors to be elected in respect of each ward;

(d)	provide for the election of a mayor who shall be chairman of the council; 

(e)	provide for the election of a deputy mayor or mayors from among the councillors;

(f)	prescribe the terms and conditions of office of councillors including the mayor and the deputy mayor;

(g)	provide for any other matter not hereinbefore specified which may be necessary for the proper establishment of a council.

MUNICIPAL SEAL

5.	Every council shall have a seal of a design approved by such council which shall be kept in the custody of the clerk to the council.

ELECTION OF COUNCILLORS

6.	(1)	Where by any Order made under the provisions of section 4 provision is made for the election of councillors, such election shall be held in accordance with Orders made under the provisions of section 7.

(2)	The election of any person as mayor, deputy mayor or as a councillor shall be notified in the Gazette:

Provided that an omission so to do shall not invalidate any such election.

PART III
TERM OF OFFICE AND ELECTION OF COUNCILLORS

TERMS OF OFFICE OF COUNCILLORS AND ELECTIONS

7.	(1)	Councillors shall be elected for a period of 4 years and together with any councillor elected at a by-election shall retire together at the end of such period.

(2)	Subject to the provisions of the Constitution and this Act the Minister may by Order provide for the regulation and conduct of elections to be held under the provisions of this Act and, without prejudice to the generality of the foregoing, may provide for -

(a)	the date for election of councillors provided that if the Electoral Commission fails so to do the election shall take place on a date that is 1 calendar month before the end of the term of office of the councillors presently in office. If the date is a Saturday, Sunday or public holiday the election shall take place on the next preceding day that is not one of those days;

(b)	the qualifications and disqualifications of electors;

(c)	the registration of electors in any municipality or in any territorial ward of any municipality;

(d)	the ascertainment of the qualification of election as councillors;

(e)	the method of making and disposing of claims or objections in connection with the procedure for the nomination of candidates for election as councillors;

(f)	the procedure for the nomination of candidates for election as councillors;

(g)	the method of election in any municipality or in any territorial ward of any municipality;

(h)	the determination of any question which may arise whether any person has been elected as a councillor;

(i)	the nature of corrupt and illegal practices in connection with elections and penalties in relation thereto:

Provided that no penalty prescribed by any order made under this paragraph shall exceed imprisonment for a period of 5 years or a fine of VT100,000 or both;

(f)	such forms as he may consider necessary to be used in connection with elections.

DISQUALIFICATION FOR ELECTION AS A MUNICIPAL COUNCILLOR

8.	The following persons shall not be qualified for election as a municipal councillor-

(a)	the President of the Republic;

(b)	judges and magistrates;

(c)	members of Parliament;

(d)	members of the police force;

(e)	members of the National Council of Chiefs;

(f)	any member of district council of chiefs, island council of chiefs, and area council of chiefs, who holds the position of chairman, vice-chairman, secretary or treasurer, shall not be qualified for election as a member of a municipal council;

(g)	members of the teaching service;

(h)	members of local government councils;

(i)	the legal adviser or auditor of the council or the partner or employee of such legal adviser or auditor;

(j)	a person who is in the service of the council;

(k)	a person who, being engaged in a profession, is disqualified or suspended from practising such profession;

(l)	a person who is in default of payment of any rates, charges or other debts due to the council for a period exceeding 2 months after the same shall have become due;

(m)	a person having a contract with the council to provide municipal services.

ACTS VALID DESPITE DEFECTS IN ELECTION OR APPOINTMENT

9.	All acts of a council or of any person acting as mayor, deputy mayor, councillor, clerk or other municipal officer, as the case may be, shall, notwithstanding that it be discovered that there was some defect in the election or appointment of any such person or that he was disqualified or unqualified for election or appointment, be as valid and effectual as if such person had been duly elected or appointed and qualified.

VACATION OF OFFICE

10.	If any councillor -

(a)	is found to have been unqualified or disqualified for election to a council;

(b)	is by any circumstances arising so placed that if he were not a councillor would cause him to be disqualified from election as such;

(c)	resigns from the council;

(d)	retires from the council in accordance with any terms and conditions that may be prescribed under the provisions of section 4;

(e)	fails to attend 3 consecutive meetings of the council or of any committee of the council of which he is a member, unless he has obtained the prior permission of the council to absent himself throughout such period, he shall cease to hold office as a councillor.

FILLING OF VACANCIES

11	(1)	Whenever a vacancy occurs in the office of a councillor an election shall be held in accordance with orders made under the provisions of section 7.

(2)	Notwithstanding the provisions of subsection (1) if -

(a)	a vacancy occurs in the office of a councillor within 6 months preceding the date on which such councillor would ordinarily retire; and

(b)	the total of unfilled vacancies does not exceed a third of the total number of councillor; and

(c)	if no ward will thereby be unrepresented,

an election to fill such vacancy shall not be held under the provisions of this section and such vacancy shall remain unfilled until the time of the next ordinary election.

(3)	A person elected under the provisions of this section to fill a vacancy shall hold office until the date upon which the person in whose place he is elected would ordinarily have retired, and he shall then retire.

PART IV
MEETINGS OF COUNCILS AND COMMITTEES

STANDING ORDERS

12.	(1)	Subject to the provisions of this Act every council shall make standing orders for -

(a)	the regulation and conduct of the meetings of the council and its committees;

(b)	the authentication of all documents required to be sealed with the seal of the council; and

(c)	such other matters as may be necessary for the purposes of this Act or as may be directed by the Minister.

(2)	The clerk shall cause a certified true copy of the standing orders of a council and of all amendments to such standing orders to be forwarded to the Minister.

(3)	Standing orders of a council shall not have effect until approved by the Minister and all variations and revocations of such orders shall likewise be subject to his approval.

(4)	If any council fails within a reasonable time to make standing orders which have been approved by the Minister under the provisions of this section the Minister may direct the council by letter addressed to the council to make standing orders.

(5)	If within 60 days of receipt of such letter the council has not made such standing orders, the Minister may make standing orders for the council and such standing orders shall be the standing orders for the purposes of subsection (1).

MEETINGS OF THE COUNCIL

13.	(1)	Every council shall hold not less than 6 meetings each year.

(2)	Every meeting of a council shall be open to the public and to representatives of the press:

Provided that the chairman of any such meeting may -

(a)	exclude or require to withdraw from such meeting any person who, in his opinion, is behaving in a disorderly manner; and

(b)	call upon any police officer or any officers or servants of the council to eject any such person refusing to withdraw from such meeting.

(3)	No meeting of any committee of a council shall be open to the public or to representatives of the press unless the council otherwise directs.

(4)	The clerk or his representative shall attend every meeting of the council and its committees but shall not be entitled to vote thereat.

CHAIRMAN OF MEETINGS OF A COUNCIL

14.	(1)	Save as provided in subsection (2) the mayor shall preside at all meetings of a council.

(2)	In the absence of the mayor and of the deputy mayor the councillors present at any meeting of a council shall elect one of their number to act as chairman for the purpose of such meetings.

PROCEEDINGS OF A COUNCIL

15.	(1)	The quorum for any meeting of a council shall be -

(a)	in the case of a council composed of twelve members or less, one third of the total membership; and

(b)	in the case of a council composed of over twelve members, one half of the total membership:

Provided that vacancies in the membership of a council and the offices of councillors granted leave of absence by a council under section 10(a) shall for the purposes of paragraph (b) of this subsection, be excluded from the total membership.

(2)	All acts of a council and all matters coming before a council for decision shall be done and decided by a majority of the councillors present and voting.

(3)	The person presiding at any meeting of a council shall in addition to his ordinary vote have a casting vote in the case of an equality of votes.

MINUTES OF COUNCIL AND COMMITTEE MEETINGS

16.	(1)	Minutes of the proceedings of all meetings of a council and of any committee of a council, including the names of all councillors present shall be drawn up and entered in a book kept for that purpose and shall be signed at the next meeting of the council or committee by the person presiding thereat, and any minutes purporting to be so signed, or any extract from the minute book purporting to be certified in writing by the clerk to be a true copy of any entry in the minute book, shall be received in evidence without further proof.

(2)	Until the contrary is proved, a meeting of a council or of a committee of a council in respect of the proceeding wherefore a minute has been made and signed in accordance with the provisions of subsection (1) shall be deemed to have been duly convened and held, and all councillors present at such meeting shall be deemed to have been duly qualified, and, where such proceedings are proceedings of a committee it shall be deemed to have been duly constituted and to have had power to deal with the matters to which reference is made in such minute.

COMMITTEE OF COUNCILS

17.	(1)	A council may from time to time appoint and dissolve committees for any general or special purpose which in the opinion of the council would be better regulated and managed by a committee and may delegate to such a committee with or without restrictions or conditions, any power conferred upon the council under this Act or any other law except -

(a)	the power to levy rates;

(b)	the power to borrow money; or

(c)	any other power which by this Act or any other law or an order made by the Minister may not be exercised by a committee of a council.

(2)	In no case shall any act of any committee of a council be binding upon the council until submitted to and approved by the council except in any case where the council has, by resolution, authorised a committee to manage, regulate or conclude any matter.

(3)	The numbers of a committee, the term of office of members and the area of the municipality if any within which such committee is required to exercise authority, shall be fixed by the council.

(4)	The chairman of any committee shall be a councillor who shall be appointed either by the council or, in default of such appointment, by the members of the committee from among their number. The members of any committee may also appoint a deputy chairman from among their number.

(5)	A committee, other than a finance committee, may include persons who are not councillors to a number not exceeding one third of the membership of such committee and any such persons shall be entitled to vote at meetings of such committee.

(6)	Every member of a committee of council who at the time of his appointment to such committee is a councillor shall, upon ceasing to be a councillor, cease to be a member of such committee.

FINANCE COMMITTEE

18.	Every council shall appoint a finance committee for the purpose of regulating and controlling the finances of the council, consisting of such number of councillors as the council may determine.

PART V
OFFICERS AND STAFF

MUNICIPAL CLERK

19.	(1)	A council shall appoint a fit person, not being a councillor, to be clerk upon such terms and conditions as it may determine.

(2)	The clerk shall be the chief officer of the council and shall have the charge and custody of and be responsible for all books, records and other documents of the council.

(3)	The clerk may, subject to the general directions of the council, exercise the powers of the council and all acts done by him in the exercise of such powers shall be considered to have been done by the council.

(4)	The appointment of a person as clerk and the terms and conditions of such appointment shall in all respects be subject to the approval of the Minister.

OTHER OFFICERS

20.	(1)	A council may appoint fit persons, not being councillors, respectively to be treasurer, medical officer of health and engineer upon terms and conditions as it may determine.

(2)	A council may appoint such other officers as it may consider necessary for the proper performance of the functions of the council upon such terms and conditions as it may determine and may define the powers and duties of such officers.

DISMISSAL OF CLERK

21.	The clerk shall not be dismissed from office without the consent of the Minister.

POWER TO ENGAGE STAFF

22.	A council may from time to time employ on such terms and conditions as it may determine such agents, servants and workmen as may be necessary for the proper performance of the functions of the council.

STAFF REGULATIONS

23.	(1)	A council shall make internal regulations, to be known as staff regulations, which subject to the provisions of this Act, may make provisions for all or any of the following matters relating to persons in the service of the council -

(a)	grades and salary scales;

(b)	appointments, promotions, leaves, termination of appointments and dismissals;

(c)	maintenance of discipline;

(d)	disciplinary offences;

(e)	interdiction and payment of salary or wages during any period of interdiction;

(f)	punishments in respect of disciplinary offences including the withholding or deferment of increments, fines, reductions in rank or salary and deductions from salary in respect of damage to property of the council by reason of misconduct or breach of duty by an officer, servant or employee;

(g)	training;

(h)	payment of allowances and the making of advances; and

(i)	terms and conditions of service generally, including matters relating to procedure and the duties and responsibilities of officers, servants and employees.

(2)	Staff regulations made under the provisions of subsection (1) shall be subject to the prior approval of the Minister in writing.

PENSION SCHEMES

24.	(1)	A council may -

(a)	establish and maintain or join with other councils or authorities in establishing and maintaining a pension or superannuation scheme;

(b)	contribute to a pension or superannuation scheme established and maintained by the Government; or

(c)	make other arrangements,

for the payment of pensions or superannuation benefits to persons retiring from the service of the council, or to any dependent of any deceased person who at the time of his death was in or had retired from the service of the council.

(2)	A scheme or arrangement established or made, or into the establishment and maintenance of which a council has joined, or to which a council contributes under the provisions of subsection (1) may make provision for a contribution by the council or by persons in the service of the council to whom such scheme or arrangement applies or by both the council and such persons to a fund controlled, by the council or by some other person approved by the Minister for such purpose.

(3)	A council may establish and maintain or join with other councils or authorities in establishing and maintaining or otherwise arrange for a provident fund scheme for the benefit of persons retiring from the service of the council who are not entitled to or eligible for the payment of a pension or superannuation benefit under the provisions of subsection (1).

(4)	A council may establish and maintain a scheme for the payment of gratuities, retiring allowances or other benefits to persons who retire from the service of the council or to any dependents of any deceased person who at the time of his death was in or had retired from the service of the council, and any such scheme may be in addition to or in lieu of any scheme or arrangement made under the provisions of subsection (1) or subsection (3).

(5)	A scheme established under the provisions of subsection (4) may, in addition to any other provisions, provide for the payment of compensation for loss or abolition of office arising from reorganisation, redundancy or any other cause whatsoever.

(6)	Every scheme or arrangement under the provisions of this section shall be subject to the prior approval in writing of the Minister.

(7)	No pension, provident fund payment, gratuity or other allowance or benefit payable under the provision of this section shall be assignable or transferable or liable to be attached or levied upon for or in respect of any debt or claim except a debt due to or a claim made by the council.

PART VI
DUTIES AND POWERS OF COUNCILS

GENERAL DUTIES

25.	(1)	Subject to and in accordance with the provisions of this Act relating to the duties of the council, it shall be the duty of the council -

(a)	to control, manage and administer the municipality;

(b)	to safeguard public health;

(c)	to develop, control and manage land taken on lease from any statutory and authority including any housing estates thereon; and

(d)	to administer education, medical and health services as the Minister may after consultation with the responsible Minister by Order declare.

(2)	If the Minister is satisfied that a council is incapable by reason of insufficiency of staff or facilities, of administering any of the services referred to In subsection (1)(d) he may, by order, direct such council to appoint the Government as its agent for the purpose of administering such service and such service shall thereafter be administered by the Government at the expense of such council.

GENERAL POWERS

26.	(1)	Subject to subsection (2) and to any law specifically providing for any matter, a council may, in addition to any powers for which specific provision is made by this or any other law, exercise all or any of the powers contained in the Schedule.

(2)	The Minister may, in relation to any particular council, by order, restrict the exercise of its scheduled powers.

(3)	The Minister may, by Order, from time to time vary the Schedule.

CONTRACTS

27.	(1)	Subject to the provisions of subsection (2), to any regulation made under section 57 and to any conditions or limitations imposed by its standing orders, a council may enter into contracts for the purpose of any works, services or other matters which it is required or empowered to undertake, carry out or manage.

(2)	Except as may be permitted by its standing orders a council shall not enter into any contract -

(a)	for the supply of any goods or materials; or

(b)	for the execution of any works or provisions of any services, other than professional services, to or for the council, except after publicly calling for tenders for the same.

(3)	A contract purporting to be made by a council which is -

(a)	sealed with the seal of the council; or

(b)	signed by an officer of the council duly authorised in that behalf by any resolution or standing order of the council,

shall not be invalid by reason only of any failure to observe any standing order made under the provisions of this Act.

AGENT FOR GOVERNMENT

28.	At the request of the Minister, a council may -

(a)	act as the agent of the Government for the collection of Government revenue upon such terms and conditions as to payment of commission or otherwise as may be agreed; or

(b)	perform and do such other acts, matters and things on behalf of the Government as may be agreed.

PART VII
LAND, STREETS AND PUBLIC PLACES

INTERESTS IN LAND

29.	All interests in land acquired by a council shall be held in the name of the council.

ACQUISITION OF INTERESTS IN LAND

30.	(1)	A council may with the consent of the Minister acquire any interest in or over land whether within or outside the municipality for the purpose of any of its functions.

(2)	The consent of the Minister shall not be required in respect of the acquisition of any interest, any lease of or easement over any land vested in a statutory land authority.

POWER OF SALE AND LEASE OF INTERESTS IN LAND

31.	(1)	A council may, with the consent of the Minister -

(a)	sell any lease or interest in land of the council which is not required for the purpose for which it was acquired or is being used;

(b)	exchange any lease or interest in land of the council for another lease or interest whether with or without paying or receiving any money for equality of exchange.

(2)	Where any lease or interest in land of a council is sold or exchanged the proceeds of such sale or exchange shall be credited to the capital account of the council or otherwise applied in such manner as the Minister may approve.

(3)	Subject to the provisions of the Land Reform Act, Cap. 123 a council may sublease or permit the use by any person of any land leased by the council.

CONTROL OF ROADS, STREETS, ETC.

32.	(1)	A council shall have the general control and care of all roads, including any streets or bridges, other than those maintained by the Government of all public open spaces and of all gardens, parks and other enclosed spaces within a municipality which have been or shall at any time hereafter be set apart and appropriated for the use of the public and the same shall be vested in the council for the use and benefit of the inhabitants of the municipality.

(2)	Subject to the Constitution and any law the Minister responsible for the administration of roads may from time to time by order declare that all of any of the roads, including any streets or bridges, maintained by the Government which lie within a municipality shall be under the general control and care of the council and thereupon such roads, streets or bridges shall be held by the council for the use and benefit of the inhabitants of the municipality.

(3)	A council may -

(a)	make, construct, alter, repair and, if necessary temporarily close all roads, streets, bridges, ferries, sewers, drains and culverts vested in the council or under its control;

(b)	make new roads, streets, bridges, open spaces, ferries, dams, sewers, drains and culverts within the municipality; and

(c)	if necessary, for any of the purposes mentioned in paragraph (b), carry sewers, drains and pipes through and across any land after giving notice to the owner or occupier of any such land.

(4)	A council may erect and maintain on any land leased, held or occupied by the council building for public purposes and may set apart any such land for any purpose which the council may from time to time determine.

CLOSURE OF ROADS AND OPEN SPACES

33.	(1)	Subject to the provisions of subsection (2) a council may divert or close or alter any road, street or thoroughfare or any public open space or garden, park or other enclosed space leased, held or occupied by the council.

(2)	The following provisions shall apply to the exercise by the council of the powers contained in subsection (1) -

(a)	no such power shall be exercised except in pursuance of a resolution of the council or on a motion of which not less than 14 days notice has been given to councillors;

(b)	the council shall prepare a plan showing the nature of the closure, diversion or alteration proposed and shall give notice in the Gazette and in 1 or more newspapers if any, circulating in the municipality as well as by placing such number of placards as it deems necessary on or near the road, street, thorough fare, public open space, garden, park and other enclosed space which it is proposed to close, divert or alter -

(i)	of its intention, after the expiration of 1 month from the date of publication of such notice in the Gazette to carry out such closure, diversions or alteration;

(ii)	specifying the place and times during which such plan shall be open for inspection by the public;

(c)	the council shall cause a copy of such notice to be served by post -

(i)	upon all persons known to be custom owners or their acknowledged representatives and on all persons registered under the law as proprietors of an interest in any lands contiguous with such road, street, thorough- fare, public open space, garden, park or other enclosed space; and

(ii)	upon the Minister;

(d)	if -

(i)	any person mentioned in paragraph (c); or

(ii)	any other person aggrieved by such proposed closure, diversion or alteration;

at any time within the period mentioned in paragraph (b) serves notice in writing on the clerk of any objection to such closure, diversion or alteration, then unless such objection is withdrawn such closure, diversion or alteration shall not be carried out without the consent of the Minister;

(e)	the Minister may, of his own motion, or on an application made by the council, appoint one or more persons to enquire into the proposed closure, diversion or alteration and to report thereon; and on receiving such report the Minister may make an order disallowing such closure, diversion or alteration or allowing the same with or without such modifications as he may deem necessary.

(3)	Nothing in this section shall be construed so as to confer upon a council -

(a)	any power for the compulsory acquisition of any interest in land; or

(b)	any power to undertake works in contravention of any scheme under any law providing for urban or rural planning.

(4)	Notwithstanding the provisions of subsection (2) a council may, on such days, not exceeding 12 in any 1 year nor 4 consecutive days on any I occasion, as it may think fit -

(a)	close to the public any public open space, garden, park or other enclosed space; and

(b)	use, or permit the use, with or without payment by any other person of any such place for any agricultural, charitable, educational, horticultural or public purpose or for any trade exhibition; and

(c)	limit or permit such other person to limit the right of admission to any such place to any person or class or persons; and

(d)	charge for admission to any such place or authorise any such person permitting the se of such place so to charge.

COMPENSATION AND BETTERMENT

34.	(1)	Any person who is the owner of any land or interest in land which is injuriously affected by the execution of any works under the provisions of sections 32 or 33 shall, if he makes a claim within 1 year of the date of completion of such works, be entitled to recover as compensation from the council executing such works the amount by which the value of such land or interest in land has diminished or the amount of any damage suffered by such owner not amounting to a diminution in value.

(2)	Where by the execution of any works mentioned in subsection (1), any land affected by such works is increased in value, the council may, within 1 year of the date of completion of such works, recover from: the owner of such land the amount of such increase.

(3)	A sum recoverable under the provisions of subsection (2) may be set off against a claim made under the provisions of subsection (1).

(4)	The Minister may by Order provide for -

(a)	the manner in which claims for compensation and betterment under this section shall be made;

(b)	the determination and disposal of claims under this section;

(c)	any other matter necessary to be prescribed for the purposes of this section.

PROVISIONS RELATING TO TRAFFIC

35.	Subject to the provisions of any traffic laws a council may -

(a)	erect, place and maintain upon any public road, street, or bridge, such refuges, shelters, islands, fences, posts, notices, signs or lights as may be necessary for the safety, guidance and direction of vehicular traffic or pedestrians;

(b)	set aside, use, authorise for use or forbid as a parking or stopping place for vehicles or any class of vehicles, any street or part thereof or any open space.

PART VIII
BYE-LAWS

POWER TO MAKE BYE-LAWS

36.	(1)	Subject to the provisions of this Part a council may from time to time make bye-laws in respect of all such matters as are necessary or expedient for -

(a)	the safety of the inhabitants of the municipality; or

(b)	the maintenance of the health, well-being and good order and government of the municipality; or

(c)	the prevention and suppression of nuisances in the municipality.

(2)	In particular, and without prejudice to the generality of subsection (1) a council may make bye-laws necessary for carrying out the powers conferred upon the council by this or any other law and for such additional purposes as may be prescribed by the Minister.

(3)	Bye-laws made under the provisions of this section may apply to the whole or any part of the municipality.

PROCEDURE RELATING TO BY-LAWS

37.	(1)	The following provisions of this section shall apply to all bye-laws, of a council made in exercise of the powers conferred by this or any other law. 

(2)	The council shall -

(a)	publish in the Gazette a notice of its intention to make a bye-law and by such notice invite representations in writing from any person who objects to the making of such bye-law;

(b)	cause a copy of such notice and of the proposed bye-law to be exhibited for a period of 1 month in a prominent place at or near the main entrance to the offices of the council.

(3)	After the end of 1 month from the date on which the copy of a proposed bye-law was first exhibited in accordance with the provisions of subsection (2) the council shall forward to the Minister -

(a)	a copy of the proposed bye-law;

(b)	a copy of any written representations from any person who objects to the making of the bye-law; or

(c)	where no representations have been received a statement to that effect signed by the clerk.

(4)	The Minister may approve, alter or reject any proposed bye-law.

(5)	Where the Minister approves, whether with or without alteration, a proposed bye-law, the council shall make such bye-law only in accordance with the terms of such approval.

(6)	Every bye-law, shall be made under the seal of the council which shall be affixed in the presence of the mayor or deputy mayor, the clerk and one other councillor all of whom shall sign the bye-law.

BYE-LAWS NOT TO CONFLICT WITH ACTS OR ORDERS

38.	Nothing in this Act shall empower a council to make any bye-law which is in conflict with or derogates from the provisions of any Act or order for the time being in force in Vanuatu; and to the extent that any bye-law conflicts with or derogates from any such Act or Order it shall be void and of no effect.

PUBLICATION OF BYE-LAWS

39.	Every bye-law shall be published by notification in the Gazette and shall have the force of law in the municipality as from the date of such publication or if a later date is provided in such bye-law, as from that date.

PENALTY FOR CONTRAVENTION OF BYE-LAWS

40.	(1)	A bye-law may provide that in respect of any contravention of or failure to comply with any of the provisions thereof the person convicted of such contravention or failure shall be liable to a fine, not exceeding VT20,000 or to a period of imprisonment not exceeding 12 months.

(2)	In addition to the penalties for which provision is made by subsection (1) a bye-law may provide that any expenses incurred by the council because of any contravention of or failure to comply with any of the provisions thereof shall be recoverable by the council from the person convicted of such contravention or failure.

POWER TO ENFORCE MAKING OF BYE-LAWS

41.	(1)	If the Minister is satisfied that a council is not making adequate bye-laws under the provisions of section 36 he may direct the council to make such bye-laws as he shall specify.

(2)	If a council having received a direction under subsection (1) fails, within such time as the Minister considers in the circumstances to be reasonable, to obey such direction, the Minister may make bye-laws to the effect specified in such directions and for that purpose he may exercise all the powers conferred upon the council under the provisions of section 36.

PART IX
REVENUE AND EXPENDITURE

FINANCIAL YEAR

42.	The financial year of a council shall be a period of 12 calendar months commencing on 1 July.

DIVISION OF MUNICIPALITY BUDGET INTO RECURRENT AND EXTRAORDINARY PARTS

43.	Items of revenue and expenditure which by their nature appear unlikely to recur each year shall be included in the extraordinary part of a municipality budget.

RECURRENT BUDGET

44.	The recurrent revenue of a council shall consist of -

(a)	all rates lawfully levied by the council;

(b)	such part as the Minister may determine of any fees and charges payable in respect of licences and permits which have been lawfully issued or authorised for issue by the council, whether under this or any other law;

(c)	all other fees, charges, rents and dues payable to or recoverable by the council or to which the council is entitled under the provisions of this or any other law;

(d)	one half of all fines imposed by a court of competent jurisdiction within the municipality in respect of any contravention of or failure to comply with the provisions of any municipal bye-law;

(e)	except as may be otherwise prescribed by the Minister, all charges or profits arising from any trade, service or undertaking carried on by the council in exercise of the powers vested in it;

(f)	interest on moneys invested by the council except where other provision is made in respect thereof under the provisions of this or any other law;

(g)	all recurrent grants paid by the Government;

(h)	all rents from lands leased by the council;

(i)	such other revenues as the Minister may declare in writing to be revenues for the purposes of this section.

EXTRAORDINARY REVENUE

45.	The extraordinary revenue of a council shall consist of -

(a)	special grants paid to it by Government;

(b)	loans;

(c)	gifts and legacies;

(d)	proceeds from sale of municipal property;

(e)	any other unusual or temporary income.

EXPENDITURE

46.	A council may, subject to the provisions of this Act or any other law expend moneys in the proper exercise of its duties and powers and in the proper performance of matters necessarily incidental thereto or arising therefrom, and for the purpose of meeting its lawful debts and obligations.

CAPITAL AND RENEWAL ACCOUNT

47.	It shall be the duty of every council to keep such capital, renewal and other special accounts as the council may consider necessary, or as the Minister may, after consulting the Minister responsible for finance and the council, direct and to make provision to the satisfaction of the Minister for the annual setting aside by the council of amounts necessary to create adequate funds in such accounts.

POWER TO RAISE LOANS

48.	(1)	A council may from time to time, with the prior consent in writing of the Minister, raise loans by way of mortgage, issue of stock, or any other method, in such amounts and on such conditions as the Minister may approve and all such loans shall be charged upon the revenues and assets of the council and shall rank equally without priority.

(2)	Any financial liability to the Government lawfully incurred by a council for the purpose of acquiring any interest in land or any works, schemes, undertakings or assets from the Government, and not discharged by immediate payment, shall be deemed to be a loan granted by the Government.

TEMPORARY LOANS

49.	Where a council has lawfully incurred expenditure which was approved in the estimates of the council, it may -

(a)	pending the receipt of moneys in respect of revenue; or

(b)	pending the raising of a loan under the provisions of section 48 to which the Minister has consented,

obtain advances of money by way of a temporary loan or overdraft for the purpose of defraying such expenditure, and any such advance and the interest thereon shall constitute a debt due by the council and be charged upon the assets and revenues thereof and until repaid shall rank as if it were a loan raised under section 48.

INVESTMENT OF FUNDS

50.	Any of the moneys of a council may be -

(a)	deposited in a bank approved in writing by the Minister responsible for finance;

(b)	invested in Vanuatu Government securities as provided for in the Central Bank of Vanuatu Act, Cap 125; or

(c)	in such other manner as the Minister responsible for finance may approve.

ANNUAL ESTIMATES

51.	(1)	Every council shall on a date which, in default of appointment by the Minister, is not later than 2 months before the commencement of the financial year, pass detailed estimates, in such form as the Minister may approve, of the revenue and expenditure of the council for the ensuing year.

(2)	The estimates of a council shall be submitted to the Minister who may subject to the provisions of subsection (3) and after consultation with the Minister responsible for finance -

(a)	approve such estimates without amendment; or

(b)	disallow or amend any item or part of any item therein which, in his opinion, is unlawful, excessive or unnecessary; or

(c)	disapprove such estimates.

(3)	The power of disallowance, amendment or disapproval conferred on the Minister by the provisions of subsection (2) shall not be exercised by the Minister until he has allowed the council an opportunity of making representations on any proposed disallowance, amendment or disapproval.

(4)	As soon as is reasonable after the Minister has approved the estimates of the council, whether with or without amendment a copy of such estimates shall be deposited in the offices of the council and shall at reasonable hours be open to public inspection without payment.

(5)	Where additional financial provision is required during the course of any year supplementary estimates shall be passed, submitted and otherwise dealt with in the same manner as estimates.

(6)	A summary of the estimates and any supplementary estimates as approved by the Minister shall be recorded in the minutes of the council.

INCURRING EXPENDITURE NOT IN ACCORDANCE WITH ESTIMATES

52.	(1)	No expenditure shall be incurred by a council unless it can be properly charged to an item in the approved estimates or in approved supplementary estimates.

(2)	Subject to the provisions of any regulations made under section 57 and notwithstanding the provisions of subsection (1) and section 51(5) a council may by resolution authorise the expenditure of not more than VT200,000 or 25 per cent, whichever is the less of funds appropriated for any one purpose in approved estimates, on any other purpose therein contained:

Provided that no expenditure on such authorisation shall take place without the consent of the Minister -

(a)	for any purpose in respect of which provision has' not been made in the approved estimates; or

(b)	for any purpose the proposed expenditure on which has been reduced by the Minister.

(3)	Notwithstanding the provisions of subsection (1) of this section, a council may -

(a)	prior to the approval of its estimates, authorise expenditure on recurrent items to an amount not exceeding half that provided in the approved estimates for the preceding year; and

(b)	prior to the approval of its estimates or any supplementary estimates, grant to its officers increase of salary or wages in accordance with approved scales.

BAD DEBTS

53.	A council may authorise the writing off as irrecoverable of any sum due by any person to the council on -

(a)	the ground that such person has insufficient means to pay such sum; or

(b)	any other ground which seems sufficient to the council;

to the extent and in the manner prescribed in the standing orders of the council.

ACCOUNTS

54.	(1)	A council shall cause proper books and accounts to be kept and true regular records entered therein of all financial transactions of the council.

(2)	Subject to any directions of the Minister, such books and accounts shall be kept in such form and by such method as the council may approve.

AUDIT

55.	(1)	The Auditor General or a person approved by him and appointed by a council shall be the auditor of the council, at such rate of remuneration as the council may determine for the purpose of auditing and reporting on the accounts of the council.

(2)	If the Auditor General so directs, the council shall reimburse to the Government such sum in respect of the Auditor General's expenses as the Minister may fix.

(3)	The council shall -

(a)	produce to the auditor within 3 months of conclusion of the year to which they relate all the books and accounts of the council together with all deeds, contracts, documents, receipts and vouchers relating thereto;

(b)	permit the auditor to inspect all stores and other assets of the council as he may require; and

(c)	give to the auditor such information, explanations and facilities as he may require to be given to enable him to perform the duties of an auditor.

(4)	It shall be the duty of the auditor to report to the council not less than once in each year separately in respect of each of the following matters, that -

(a)	he has obtained all such information, explanations and facilities as he may have required to be given to enable him to perform the duties of an auditor;

(b)	the accounts of the council are in order and present a true view of the financial position of the council;

(c)	separate accounts of all undertakings and other accounts required to be kept by the provisions of this Act have been kept;

(d)	due provision has been made for redemption and repayment of all moneys borrowed by the council;

(e)	such provision as may be required under the provisions of this Act has been made for depreciation or renewal of the assets of the council.

(5)	In addition to the report required under subsection (4) the auditor shall report to the Minister and to the Minister responsible for finance and to the council any matter or thing which is discovered during the course of the audit and which appears to have been done or performed without due authority.

(6)	The clerk shall -

(a)	within 30 days of the receipt of the auditor's report on the accounts of the council for any year submit the accounts together with such report to the Minister; and

(b)	lay the accounts of the council for each year together with the auditor's report thereon before the council within 30 days of the receipt of such report, or if the council is not sitting, at its next meeting;

and thereafter such extracts from such accounts and such reports as the Minister may approve shall be deposited in the offices of the council and shall at all reasonable hours be open to public inspection without payment. A notice of such deposit shall be published in the Gazette.

INSPECTION OF ACCOUNTS

56.	A copy of every account or part of an account of a council which is subject to audit, duly made up and balanced, shall for 7 clear days before the audit, be open at all reasonable hours to the inspection of all persons ordinarily resident within the municipality, and any such resident within the municipality, and any such person shall be at liberty to make copies of or extracts from such accounts without payment.

FINANCIAL REGULATIONS AND TENDER BOARD ORDERS

57.	(1)	The Minister may after consultation with the Minister responsible for finance make regulations not inconsistent with any of the provisions of this Act for the purpose of -

(a)	controlling and managing the financial business of councils;

(b)	regulating the procedure and duties of the treasurers, and accounting staff of councils;

(c)	providing for the receipt, safe-handling, recording, safe custody and disposal of cash or stores;

(d)	empowering councils to surcharge members of their staff responsible for loss of money or loss of or damage to stores and providing for the manner in which surcharges shall be made;

(e)	regulating the procedure for dealing with tenders;

(f)	requiring contracts made by councils to be in accordance with such orders and in particular requiring, in the case of contracts for the supply of goods or materials or for the execution of works to the value of VT150,000 or more or such higher minimum value as the Minister may specify in respect of any council or councils to enter into, the contract shall be published in tenders invited and regulating the manner in which such notice shall be published and such tenders accepted; and

(g)	generally for carrying the provisions of this part into effect.

(2)	Regulations made under this section may be applied either generally or with respect to any particular council and shall be observed and obeyed by the council to which they apply.

RATES

58.	The Minister may after consultation with the Minister responsible for land matters by Order provide for -

(a)	the manner of assessment of rates that may be levied by councils; and

(b)	the method of levying such rates.

PART X
INSPECTIONS, DISALLOWANCE, SURCHARGE AND SUSPENSION

INSPECTIONS

59.	(1)	The Minister may at any time, by notice published in the Gazette, appoint any person to be an inspector for the purpose of inspecting the observance and performance of a council of the duties and powers imposed or conferred upon it by the provisions of this Act or any other law.

(2)	An inspector may -

(a)	attend any meeting of the council or any committee of the council;

(b)	upon giving due notice to the clerk of his intention so to do, inspect any books, records, documents, contracts, stores or other assets and any undertaking of the council.

(3)	An inspector shall report to the Minister the result of an inspection made by him.

DISALLOWANCE AND SURCHARGE

60.	(1)	If, on receipt of the report of the auditor or an inspector, the Minister is satisfied that expenditure has been incurred without proper authority he may either sanction or disallow such expenditure and if he disallows such expenditure, he may, subject to the provisions of section 67 by directive in writing surcharge any person responsible for such expenditure for the whole or any part thereof.

(2)	If, on receipt of the report of an auditor or an inspector, the Minister is satisfied that -

(a)	any failure to collect money due to the council; or

(b)	any loss of money or property; or

(c)	any damage to property;

has occurred by reason of any wilful or wrongful act or any negligence by any councillor or person in the service of the council, the Minister may, subject to the provisions of section 67 by order in writing surcharge such councillor or person for the whole or any part thereof.

(3)	Any sum surcharged on any person under the provisions of this section shall be a debt to the council and shall be payable by such person within I month or such longer period as the Minister may approve of the date of service upon him of the order of the Minister.

(4)	Any person aggrieved by an order of surcharge may appeal to the Supreme Court which may confirm, set aside or vary such order and the decision of which shall be final.

(5)	The Chief Justice may make rules providing for the manner in which appeals under this section shall be made and the procedure on the hearing of any such appeals.

INQUIRIES AND SUSPENSION

61.	(1)	If the Minister -

(a)	has cause to suspect that a council has failed to observe and perform any of the duties and powers conferred or imposed upon it by the provisions of this Act or any other law; or

(b)	has cause to suspect that a council has done or performed any act, matter, or thing without due authority; or

(c)	is otherwise of the opinion that an investigation should be made into the affairs of a council;

he may in his discretion, appoint a person or persons to inquire into such matter. (2) If upon an inquiry under this section the Minister is satisfied that the council has done or suffered any of the act, matter and thing contained in paragraphs (a) and (b) of subsection (1), he may by directive in writing require the council to remedy the same within such time as he may appoint.

(3)	If a council fails to comply with the terms of a directive of the Minister made under subsection (2) or if the Minister, having appointed a person or persons to make an inquiry under subsection (1) considers it expedient so to do, the Minister may in addition to any other powers conferred upon him by the provisions of this Act -

(a)	suspend the exercise by the council of any of the powers conferred upon it by this or any other act for such period as he may think fit; or

(b)	dissolve the council and, in his discretion, appoint or direct the election of new councillors;

and during such period, or, as the case may be, pending the appointment or election of new councillors, confer upon any person the exercise of any powers so suspended or of the powers of the council so dissolved.

(4)	The expenses incidental to -

(a)	any inquiry under this section; or

(b)	the exercise of any of the powers of the council under this section;

shall be a debt due by the council to the Government and shall be paid and discharged out of the funds or revenues of the council in such manner as the Minister shall direct. Any such direction may include a direction that the expenses shall be deducted from any grant payable by the Government to the council.

REDUCTION OR REFUND OF GRANTS

62.	(1)	If on receipt of the report of an auditor, or of an inspector appointed under the provisions of section 59 the Minister is satisfied that any duty or power of a council is being exercised in an improper or inefficient manner the Minister may in respect of any such duty or power reduce or withhold any further grants to such council or any part of such grants until he is satisfied that the duty or power will be exercised in a proper manner.

(2)	In any case where the Minister has reduced or withheld a further grant or part of such grant under the provisions of subsection (1) it shall be in the Minister's discretion at the time he restores the grant whether he restores any part of the grant that was reduced or withheld.

(3)	The Minister before reducing or withholding a grant under subsection (1) shall give the council an opportunity of making representations to him why such grant should not be reduced or withheld.

PART XI
MISCELLANEOUS

FINANCIAL INTEREST OF COUNCILLORS

63.	(1)	If any councillor -

(a)	has any financial interest, direct or indirect, in any contract or proposed contract or any other matters; and

(b)	is present at any meeting of the council or any committee of the council at which such contract or other matter is the subject of consideration;

he shall at such meeting disclose such interest and shall not take part in any consideration or discussion of or vote on any question relating to such contract or other matter, and if the chairman so directs he shall withdraw from such meeting during such consideration, discussion or voting:

Provided that the foregoing provisions of this section shall not apply to a financial interest which a councillor may have as ratepayer or taxpayer only.

(2)	Any person who fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding VT80,000 unless he establishes to the satisfaction of the court that he did not know -

(a)	that he had a financial interest in the contract, proposed contract or other matter; and

(b)	that the contract, proposed contract or other matter was the subject of consideration at the meeting.

(3)	No prosecution for an offence under this section shall be commenced without the consent of the Public Prosecutor.

REPRESENTATION OF A COUNCIL IN COURTS

64.	(1)	In any prosecution by or on behalf of a council, the council may, subject to any directions of the Public Prosecutor, be represented by the clerk or by any officer of the council authorised by him in writing so to do.

(2)	Where a council is a party to any civil cause or matter the council may be represented by the clerk.

ENTRY TO PREMISES

65.	The clerk and any officer of a council authorised by him in writing may enter any premises within the municipality between the hours of 8 a.m. and 6 p.m. -

(a)	for the purpose of inspecting any premises licensed under the provisions of this Act; or

(b)	generally for the purpose of carrying out any of the duties or powers imposed or conferred upon such council.

POWER OF OFFICERS TO REQUIRE PERSONS TO GIVE NAME AND ADDRESS

66.	(1)	Any officer of a council, duly authorised in writing by the council, may require any person to give his name and address whom he reasonably suspects of having committed within the area of the municipality an offence under this Act or any other law which the council is lawfully empowered to enforce, and if any person so required fails to give his name and address or gives a name and address which the officer has reason to believe is false, he may arrest such person without a warrant.

(2)	The provisions of any law relating to criminal procedure shall apply in the case of a person arrested under the provisions of this section.

IMMUNITY FROM PROCEEDINGS

67.	No act, matter or thing done or committed by -

(a)	any councillor;

(b)	any officer or other person in the service of a council; or

(c)	by any person acting under the directions of a council;

shall if such act, matter or thing was done in good faith in the execution of his duty, render any such councillor, officer or person personally liable to any action, liability, claim or demand whatever.

BYE-LAWS APPLICABLE TO SUBDIVIDED MUNICIPALITY

68.	Whenever an area is severed from a municipality and established as a separate municipality, the Minister may, by Order declare that all or any of the bye-laws or any rules in force in such area prior to such severance shall continue to apply to such area until such time as other provision is made.

GENERAL PENALTY

69.	(1)	Any person who contravenes or fails to comply with any of the provisions of this Act or of any offence and, except where a penalty is specifically provided, shall be liable on conviction to a fine not exceeding VT20,000 or to imprisonment for a period not exceeding 12 months or to both.

(2)	Where any person is convicted of an offence under the provisions of subsection (1) and where such offence consists of -

(a)	failing to obtain a licence or permit; or

(b)	contravening or failing to comply with any condition, subject to which a licence or permit has been issued to such person under the provisions of this Act or of any order made hereunder;

the court may, in addition to or in substitution for any other penalty which it may impose, cancel the licence or permit and may order that such person shall for a period not exceeding 12 months from the date of such conviction be disqualified from holding or obtaining any such licence or permit.

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SCHEDULE
(section 26)

POWERS OF MUNICIPAL COUNCILS

1.	Generally to do and perform all such matters and things as are necessary for carrying out the duties imposed on a council by the provisions of this Act.

2.	To establish, acquire, erect, maintain, promote, assist and control -

(a)	systems of lighting for streets and public places;

(b)	fire services;

(c)	clinics, dispensaries, health and inoculation centres;

(d)	cemeteries, crematoria and mortuaries and ancillary services and to provide for the burial of bodies of destitute persons and of unclaimed bodies;

(e)	bus stations and related office accommodation, cafes, restaurants, refreshment rooms and other buildings;

(f)	offices, stores, workshops, depots and other buildings for the purposes of the council;

(g)	public halls, libraries, art galleries and museums;

(h)	cold storage facilities and premises for the inspection or processing of milk, meat or bides and skins;

(i)	markets and piers, jetties and landing places for the use of canoes and other vessels;

(j)	botanical and zoological gardens;

(k)	public baths and swimming pools;

(l)	laundries and other places for the washing of clothes;

(m)	canteens, social centres, clubs and hotels including such facilities for employees and staff;

(n)	public lavatories and urinals;

(o)	pounds for stray animals and clinics for the treatment of sick animals;

(p)	camping and grazing grounds;

(q)	disinfecting stations;

(r)	public weighing machines;

(s)	public monuments;

(t)	sanitary services for the removal and disposal of night soil, rubbish, carcases of dead animals and all other kinds of refuse and effluent.

3.	To establish, maintain or control public parks, gardens and recreation grounds on any land held by the council and in connection with or for the purposes of any such public park, garden or recreation ground to -

(a)	establish, erect, maintain and control acquariums, aviaries, piers, pavilions, cafes, restaurants, refreshment rooms and such other buildings or erections whatsoever as the council may deem necessary;

(b)	reserve any portion of such public park, garden or recreation ground for any particular game or recreation or for any other specific purpose; to exclude the public from such portion and provide for the renting and hiring thereof to the public, clubs or other organisations; and

(c)	provide or permit any other person to provide any apparatus, equipment or other amenity.

4.	To prohibit, restrict, regulate or licence -

(a)	the holding of religious services, meetings, rallies, demonstrations or processions in any street or public place;

(b)	the sale or hawking of wares or the erection of stalls on any street, or the use of any part of a street or public place for the purpose of carrying on any trade, business or profession;

(c)	the depositing on any street, public place or unoccupied land of any refuse, rubbish, derelict vehicles or parts of vehicles, or any other material or thing whatsoever and to provide for the removal and disposal thereof;

(d)	street decorations and the erection of shelters, temporary buildings, platforms, seats and other structures at any entertainment, procession, exhibition, ceremony or display whether in a public place or not;

(e)	the placing of banners, wires, ropes or any other impediments over or across any street or public place;

(f)	the collection of money or goods in any public place for any charitable or other purpose;

(g)	the public exhibition of any monstrosity, freak of nature or abnormal person or animal;

(h)	singing, dancing, drumming, the playing of musical instruments, the reproduction of music or the making of any noise whatsoever likely to disturb any person, or any performance for profit in any public place;

(i)	the storage or stacking of firewood or other fuel;

(j)	the washing or drying of clothes other than on private premises;

(k)	the quarrying and transport and dumping of earth, coral, stone, lime, clay or other material;

(l)	the keeping of dogs, animals and poultry, and to provide for the seizure and destruction of ownerless, unlicensed, diseased or dangerous dogs and the seizure and disposal of stray animals and poultry;

(m)	billiard saloons, gaming machine parlours, dance halls and other places of public resort;

(n)	lodging houses;

(o)	the burning of rubbish and grassland.

5.	To lay out and adorn any street, square or open space vested in the council by the erection of statues, fountains or other structure or any other manner whatsoever.

6.	To decorate streets and public buildings, erect shelters, temporary buildings, platforms, seats and other structures in public places.

7.	To clear, level and maintain public and unoccupied land taken on lease by the council and to plant, trim, protect, and remove flowers, trees and shrubs in or from any public place.

8.	To identify streets and other public places by assigning names thereto and to cause such names to be exhibited on posts or pillars or be painted or otherwise exhibited on any building or other erection fronting thereon.

9.	To number, or otherwise identify any buildings fronting on any street or other public place, and cause such identification to be exhibited on any such buildings or require the owner thereof, at his own expense to cause such identification to be exhibited on the building.

10.	To require the owner or occupier of any premises to -

(a)	remove or lower any fence or wall;

(b)	remove, lower or trim any tree, hedge or shrub overhanging any street or interfering with the passage of traffic or pedestrians;

(c)	remove, lower or trim any tree, hedge or shrub which in the opinion of the council is a danger or nuisance to any traffic or pedestrians;

(d)	remove or alter any wires or other works or perform such other removal or trimming which may be necessary for public safety;

(e)	remove any tree, shrub or plant which may be declared in any by-law of the council to be a noxious tree, shrub or plant.

11.	To require the fencing of plots and restrict the use of barbed wire, broken glass or any similar substances on fences and walls.

12.	To preserve public decency, and to prevent offences against public order in streets and public places, and to prevent damage to or defacement of property of the public or of the council.

13.	To prevent and extinguish fires, to remove buildings in order to prevent the spread of any fire and to compensate the owner of any buildings so removed.

14.	To take a census of the inhabitants of the municipality or to contribute to the cost of taking any such census.

15.	To establish, maintain, hire, support or control bands and orchestras and generally to provide for musical entertainment at public places and functions.

16.	To undertake private works and services and to charge and recover costs thereon.

17.	At the request of the owner of land situated within the municipality to construct in such manner as the council may think fit, by its servants or by contract, a footway or pavement along any street contiguous with such land or vehicular crossings over any footway or pavement and to recover the whole or any part of the cost of such construction, including the cost of supervision, plant, machinery and tools from such owner in such manner as it may think fit.

18.	To sell all by-products resulting from the carrying on by or on behalf of the council of any works or services.

19.	To promote publicity for the municipality.

20.	To promote schemes of health education and road safety propaganda.

21.	To make provision for the return of destitute persons to their homes.

22.	To arrange for the insurance of all assets of the council and against financial risks of any kind to which the council may be subject.

23.	Subject to the approval of the Minister to establish, acquire or take over housing schemes for the inhabitants of the municipality and for such purpose to -

(a)	lay out land and provide and maintain necessary public services;

(b)	erect and maintain dwelling houses, flats and out-buildings appertaining thereto;

(c)	convert buildings into dwelling houses or flats and to alter, enlarge, repair and improve the same;

(d)	sell or lease any plots of land or any buildings thereon; and

(e)	let on rent to tenants any dwelling houses, flats, rooms or other accommodation.

24.	To erect, acquire, lease and maintain dwellings for the accommodation of officers and servants of the council.

25.	Subject to the approval of the Minister to make advances of money on the security of immovable property for the purpose of enabling persons including the officers and servants of the council, to acquire land within the municipality and erect dwellings thereon and to recover any such advances with interest thereon by instalments or otherwise.

26.	To aid and support, whether by the grant of money or otherwise the establishment and maintenance of schools, hospitals, libraries, art galleries, museums, musical or scientific institutions, homes for the aged, destitute or infirm, or for orphans and to provide bursaries to assist in the education of the children of persons residing in the municipality, to make donations to charitable and philanthropic, welfare and youth organisations and to make presentations to other local authorities or public bodies.

27.	To provide -

(a)	gowns, chains and badges of office for councillors and officers of the council;

(b)	badges, medallions or scrolls for presentation to persons who have given meritorious service to the municipality.

28.	To entertain visitors, sponsor, promote and assist in arranging conferences, meetings, lectures and exhibitions of a local government nature or of benefit to the municipality, and meet the reasonable out-of-pocket expenses of councillors and officers appointed by the council to attend conferences and meetings or when engaged on the council's business and pay such subsistence, attendance or other allowances to councillors when attending meetings of the council as may be approved by the Minister.

29.	To regulate, control, manage, administer, promote or license any of the things or services which the council is required or empowered to do, establish, maintain, carry on, control, manage or administer, to prescribe the forms in connection therewith, and with the approval of the Minister to fix any fees or charges to be made in respect thereof.

30.	To assist the Government or any regional authority to control building and to administer town and country planning schemes in any area within 2 miles of the boundaries of the municipality.

31.	To provide, control and manage the following services -

(a)	sporting and recreational facilities and programmes of informal education for both adults and young people, including the provision and running of community centres;

(b)	the development of social work among adults;

(c)	remedial social welfare programmes aimed at the alleviation of social distress;

(d)	the welfare of children.

32.	To control, restrict, regulate or license public transport services.

___________________________________

[Subsidiary]

SUBSIDIARY LEGISLATION

MUNICIPALITIES (DELINEATION OF PORT VILA
BOUNDARIES) DECLARATION

Order 19 of 1980

To delineate the boundaries of the Port Vila Municipality.

DELINEATION OF BOUNDARIES OF PORT VILA MUNICIPALITY

The boundaries of the Port Vila Municipality shall be as delineated on the map annexed to this Declaration.

______________________________

[Subsidiary]

SUBSIDIARY LEGISLATION

MUNICIPALITIES (COMPOSITION OF COUNCIL
AND WARDS) REGULATIONS

Order 21 of 1980

ARRANGEMENT OF REGULATIONS

REGULATIONS

1.	Composition of Port Vila Municipal Council
2.	Wards of the Port Vila Municipality
3.	Names of wards and number of councillors to represent each ward

----------------------------------

SUBSIDIARY LEGISLATION

MUNICIPALITIES (COMPOSITION OF COUNCIL
AND WARDS) REGULATIONS

To provide for the composition of the Port Vila Municipal Council and the wards of the Port Vila Municipality and matters connected therewith.

COMPOSITION OF PORT VILA MUNICIPAL COUNCIL

1.	The Port Vila Municipal Council shall be composed of fourteen members to be elected in accordance with provisions made under section 7 of the Municipalities Act, Cap. 126.

WARDS OF THE FORT VILA MUNICIPALITY

2.	The Port Vila Municipality shall be divided into 4 wards as delineated on the map annexed to these Regulations.

NAMES OF WARDS AND NUMBER OF COUNCILLORS TO REPRESENT EACH WARD

2.	The names of the wards and the number of councillors representing each ward shall be -

Name of Ward			Number of Councillors

(a)	Malapoa-Tagabe			3

(b)	Anabrou-Melcofe-Tassiriki		4

(c)	Centre					4

(d)	South					3

_____________________________

[Subsidiary]

SUBSIDIARY LEGISLATION

MUNICIPAL COUNCIL ELECTIONS REGULATIONS

Order 60 of 1982

ARRANGEMENT OF RULES

REGULATION
PART I
Interpretation

1.	Interpretation

PART II
Candidates for Election

2.	Disqualification for election
3.	Eligibility of candidates
4.	Declaration of candidature
5.	Declaration of invalidity of candidature by the Minister
6.	Resubmission of declaration of candidature by candidates
7.	Publication of lists of candidates

PART III
Election of Members of a Municipal Council

7.	Declaration of election without a poll and notice of new poll
9.	Returning officers
10.	Electoral rolls to be in polling stations and voters only to vote if therein and have electoral cards
11.	Persons not entitled to vote
12.	Polls to be secret and electors to vote once for one candidate
13.	Proxy vote
14.	Suspension and stopping of poll
15.	Display and locking of ballot boxes
16.	Method of voting and procedures
17.	Publication of results

PART IV
Election Reports

18.	Report by the principal electoral officer

PART V
Election of Mayors and Deputy Mayors

19.	Election of mayors and deputy mayors and method of election
20.	Officers of councils to be honorary
21.	Election procedure
22.	Notice of election of mayor or deputy mayor
23.	Notification of results
24.	Challenge of elections
25.	Resignation of mayor or deputy mayor
26.	Eligibility to hold office of mayor or deputy mayor
27.	Term of office of mayors and deputy mayors

PART VI
Corrupt Practices

28.	Personation
29.	Bribery
30.	Treating
31.	Undue influence
32.	Penalty for corrupt practices

PART VII
Election Petitions

33.	Election disputes committee
34.	Elections only to be challenged under these rules
35.	Persons who may present election petitions
36.	Petitions only valid if deposit made
37.	Time for presenting of petitions
38.	Election petitions to be in writing and copies to be served on affected persons
39.	Proceedings of election disputes committee
40.	Decisions of election disputes committee
41.	Grounds for declaring election void
42.	Examination of votes cast
43.	Communication of decision of election disputes committee and appeals
44.	Reports to public prosecutor
45.	No person required to reveal his vote
46.	Savings when election declared void
47.	Disposal of reports and documents

SCHEDULE 1	-	Part 1-Declaration of candidature
Part 2-Receipt
SCHEDULE 2	-	Part 1-Rules for voting by proxy
Part 2-Form A: Application to vote by proxy
Form B: Proxy form
SCHEDULE 3	-	Election of candidates rules

---------------------------------------

[Subsidiary]

SUBSIDIARY LEGISLATION

MUNICIPAL COUNCIL ELECTIONS REGULATIONS

To prescribe regulations for municipal council elections.

PART I
INTERPRETATION

INTERPRETATION

1.	In these regulations unless the context otherwise requires -

"Act" means the Municipalities Act, Cap. 126;

"election" includes a by-election;

"electoral officer" means the Principal Electoral Officer and officers of the Electoral Office; a registration officer; an assistant registration officer; a returning officer or a polling clerk;

"polling day" means the day fixed for an election or the commencement of an election in accordance with section 7(2)(a) of the Act;

"ward" means an area council division of a municipality as declared under section 4 of the Act.

PART II
CANDIDATES FOR ELECTION

DISQUALIFICATION FOR ELECTION

2.	A person shall be disqualified for election as a councillor if he -

(a)	is a Minister;

(b)	is disqualified from being a member of Parliament;

(c)	is in the service of the council;

(d)	is the legal advisor or auditor of the council or the partner or employee of such advisor or auditor;

(e)	being a person engaged in a profession, is disqualified for or suspended from the practise of such profession;

(f)	is in default of payment of any rates, charges or other debts due to the council for a period exceeding 2 months after the same shall become due;

(g)	is a person having a contract with the council to provide municipal services.

ELIGIBILITY OF CANDIDATES

3.	Subject to regulation 2 a person shall be eligible to stand as a candidate for election to a municipal council if he -

(a)	is a citizen of Vanuatu;

(b)	is registered as an elector in the municipality in which he is a candidate;

(c)	is not disqualified from voting;

(d)	has not received a sentence including a suspended sentence of a term or terms of imprisonment which has not ended;

(e)	is not an undischarged bankrupt; and

(f)	has attained 21 years of age.

DECLARATION OF CANDIDATURE

4.	(1)	Not later than the date fixed for the return of candidature every candidate for election shall lodge with the electoral officer -

(a)	a declaration of candidature signed by him in the form and containing the particulars provided for in Part 1 of Schedule 1 which shall include a declaration that the candidate is eligible as provided for in regulation 3;

(b)	two full face photographs of himself;

(c)	except for a candidate sponsored by a political party having a symbol approved by the Minister an illustration on paper of his personal electoral symbol.

(2)	A declaration of candidature shall also contain the signatures of not less than five sponsors being persons registered to vote in the municipality of the candidate and not being related to the candidate.

(3)	No person may lodge a declaration of his own candidature -

(a)	for more than 1 ward; or

(b)	in the case of a by-election if he is a member of the municipal council.

(4)	The electoral officer who receives a declaration of candidature shall give a receipt to the candidate in the form contained in Part 2 of Schedule 1 and forward the declaration immediately to the electoral office.

(5)	The Principal Electoral Officer shall within 24 hours of the day declared by the Minister under subregulation (1) make a list of the candidates named in declarations of candidature received by the Electoral Office and send copies to the Minister.

(6)	The Principal Electoral Officer shall send with the list referred to in subregulation (5) such comments on the validity of the candidature of any person named in the list as he shall consider fit.

DECLARATION OF INVALIDITY OF CANDIDATURE BY THE MINISTER

5.	(1)	When a declaration of candidature has been delivered in compliance with regulation 4 the candidate shall stand sponsored for election unless and until the Minister declares his candidature invalid or evidence is given to his satisfaction that the candidate had died, or the candidate withdraws by notice in writing given to the Electoral Office.

(2)	The Minister shall only declare a candidature invalid on the following grounds -

(a)	the candidate or his sponsors do not have the necessary qualifications or are disqualified; or

(b)	the declaration of candidature is not sponsored as provided in regulation 4(2).

(3)	Where the Minister decides that a candidature is invalid he shall so endorse the declaration of candidature giving reasons for the decision.

RESUBMISSION OF DECLARATION OF CANDIDATURE BY CANDIDATES

6.	(1)	Notwithstanding the provisions of regulation 7 the Minister shall, where he considers that a declaration of candidature is invalid by reason of a bona fide error, not less than 14 days before polling day request the candidate to resubmit a valid declaration within 72 hours after such request.

(2)	Where a declaration of candidature sponsored by a political party is declared invalid by the Minister or a candidate dies not less than 14 days before polling day another candidate sponsored by the same party may lodge a declaration of candidature provided that he does so within 72 hours of the declaration or death.

PUBLICATION OF LISTS OF CANDIDATES

7.	A list of candidates shall be displayed at -

(a)	the Town Hall;

(b)	the Parliament building;

(c)	the office of the Minister;

(d)	the Electoral Office; and

(e)	such other places in the municipality as the Minister may direct,

for not less than 14 days before polling day except in the case of new or resubmitted candidatures under regulation 6 where the period shall be not less than 9 days.

PART III
ELECTION OF MEMBERS OF A MUNICIPAL COUNCIL

DECLARATION OF ELECTION WITHOUT A POLL AND NOTICE OF NEW POLL

8.	(1)	If at the close of or at any time after; the close of the period for declaration of candidature the number of candidates in any ward is not more than the number of members to be elected the Principal Electoral Officer shall so report to the Minister who shall declare the candidates elected without a poll.

(2)	If the number of candidates is less than the number of members to be elected the Minister shall when he declares the number of candidates elected declare the number of seats vacant.

(3)	The Minister shall within 30 days after the declaration referred to in subregulation (2) and after consultation with the Principal Electoral Officer fix the date of an election for the seats declared vacant.

(4)	If the number of candidates exceeds the number of members to be elected a poll shall be taken in accordance with this Part and without undue delay after the closing of the list of candidates the electoral officer shall publish a notice stating -

(a)	the names of the candidates;

(b)	the hours of polling;

(c)	the situation of each polling station;

(d)	sufficient information to enable voters to know which polling station they are required to vote at;

(e)	any other information that may be prescribed.

RETURNING OFFICERS

9.	Every polling station shall be presided over by a returning officer appointed for that purpose by the electoral officer.

ELECTORAL ROLLS TO BE IN POLLING STATIONS AND VOTERS ONLY TO VOTE IF THEREIN AND HAVE ELECTORAL CARDS

10.	(1)	During voting a copy of the electoral roll shall be kept in every polling station.

(2)	No person may vote unless his name is contained in the roll of electors of the polling station at which he presents himself for voting, and he produces a valid electoral card issued to him.

PERSONS NOT ENTITLED TO VOTE

11.	Persons detained in a mental hospital in accordance with the law shall not be entitled to vote whether or not their names may be on an electoral roll.

POLLS TO BE SECRET AND ELECTORS TO VOTE ONCE FOR ONE CANDIDATE

12.	(1)	A poll shall be taken by secret ballot.

(2)	Subject to regulation 13, no person shall have more than 1 vote nor vote for more than one candidate.

PROXY VOTE

13.	A person may vote by proxy in the circumstances and in the manner provided for in Schedule 2.

SUSPENSION AND STOPPING OF POLL

14.	(1)	Where polling is interrupted at a polling station in such circumstances that in the opinion of the returning officer, it is temporarily impossible to continue he may suspend the poll and recommence it when he considers polling may continue undisturbed.

(2)	Where there has been suspension and reopening in accordance with subregulation (1) polling shall continue after the time fixed for ending the poll for the period of the suspension unless the returning officer is satisfied that every elector on the roll has cast his vote.

(3)	When circumstances arise which in the opinion of a returning officer make it impossible to continue with a poll within a reasonable time whether or not polling has already been suspended under subregulation (1) he shall declare the poll stopped and inform the Principal Electoral Officer of the declaration who shall immediately forward a report thereon with any comments he may have to the Minister.

(4)	When a poll has been stopped under subregulation (3) all proceedings before the declaration shall be annulled by the Minister by Order either -

(a)	in every polling station in the relevant ward if the result in the ward as a whole Could be affected by the addition of the votes of voters of the polling district where the poll has been stopped; or

(b)	in the polling station where the poll has been stopped only if the results in the relevant ward as a whole could not be materially affected by the addition of the votes of voters of the polling district where the poll has been stopped,

and in either case the minister shall in the Order fix a new day and time for polling and a new poll shall be held.

(5)	If in the opinion of the returning officer and not less than one polling clerk not later than half an hour before the time fixed for polling to close, the number of voters waiting will not be able to vote in that time he may extend the time to the close of the poll by 1 hour and shall record the extension in his report under rule 19 of the Election of Candidates Rules set out in Schedule 3.

(6)	The returning officer may close the polling station when all the voters on the roll have voted but the counting of votes shall not start earlier than 1 hour before the time fixed for the end of polling.

DISPLAY AND LOCKING OF BALLOT BOXES

15.	Immediately before the commencement of a poll the returning officer shall show the interior of the ballot box to those lawfully present in the polling station and then lock the box with 2 padlocks having different keys and shall retain the key of 1 padlock and give the other to a polling clerk.

METHOD OF VOTING AND PROCEDURES

16.	The method of voting, procedures to be observed during polls, and the manner of counting votes and declaring the election of candidates shall be in accordance with the provisions of the Election of Candidates Rules set out in Schedule 3.

PUBLICATION OF RESULTS

17.	As soon as practicable after an election the Minister shall cause the results to be published in each ward in such manner as he considers appropriate and in the Gazette.

PART IV
ELECTION REPORTS

REPORT BY THE PRINCIPAL ELECTORAL OFFICER

18.	After an election the Principal Electoral Officer shall make a report to the Minister with regard to the conduct of the election in the municipality and shall forward with the report -

(a)	a copy of each report received in accordance with rule 19 of the Election of Candidates Rules set out in Schedule 3; and

(b)	his comments thereon.

PART V
ELECTION OF MAYORS AND DEPUTY MAYORS

ELECTION OF MAYORS AND DEPUTY MAYORS AND METHOD OF ELECTION

19.	(1)	Each municipal council shall elect by secret ballot from among its members a mayor and a deputy mayor.

(2)	The candidate who gains the votes of a majority of members of the council shall be elected.

(3)	Where two or more candidates gain the same number of votes the older shall be considered elected.

(4)	The Minister may at the request of or after consultation with a municipal council, authorise the creation of one or more additional offices of deputy mayor.

OFFICERS OF COUNCILS TO BE HONORARY

20.	The mayor, deputy mayors and councillors of every municipality shall carry out their duties without remuneration:

Provided that, with the approval of the Minister, duty allowances may be authorised by a municipal council and paid from the council budget. Mayors, deputy mayors and councillors shall be entitled when due occasion arises to reimbursement of any necessary expenditure incurred in the carrying out of special duties.

ELECTION PROCEDURE

21.	The meeting at which the election of the mayor takes place shall be presided over by a deputy mayor. If there is no deputy mayor the oldest person not being a candidate shall preside.

NOTICE OF ELECTION OF MAYOR OR DEPUTY MAYOR

22.	Notice of the election of a mayor or deputy mayor shall be given to members of the council not less than 3 days before the election is due to take place.

NOTIFICATION OF RESULTS

23.	The result of the election of a mayor or deputy mayor shall be published by means of a public notice affixed in a prominent place near the main entrance of the council office within 24 hours of its taking place and shall, within the same period, be notified to the Minister.

CHALLENGE OF ELECTIONS

24.	The election of a mayor and deputy mayors may be challenged in the same manner and within the period prescribed for objections concerning the elections of the members of the council. The period allowed for admission of objections shall commence 1 clear day after the date of election.

RESIGNATION OF MAYOR OR DEPUTY MAYOR

25.	(1)	A mayor or deputy mayor may resign his office by notice in writing signed by him and delivered to the clerk of the council.

(2)	A notice of resignation shall be delivered to the clerk of the council not later than 14 days before such resignation is to take effect.

(3)	Two weeks after receipt of such notice of resignation of a mayor or deputy mayor, a meeting of the council shall be convened to elect a new mayor or deputy mayor.

ELIGIBILITY TO HOLD OFFICE OF MAYOR OR DEPUTY MAYOR

26.	Only persons elected to be members of a municipal council may hold the office of mayor or deputy mayor or temporarily carry out the duties thereof.

TERM OF OFFICE OF MAYORS AND DEPUTY MAYORS

27.	(1)	Subject to regulation 25, all mayors and deputy mayors shall hold office until the end of 1 year from the date of their election or until the dissolution of the council whichever occurs earlier.

(2)	At the end of the term of office of a mayor and/or a deputy mayor a meeting of the council shall be convened to elect a new mayor and/or deputy mayor in accordance with regulations 19, 21 and 22.

(3)	Mayors and deputy mayors who have completed a term of office shall be eligible for re-election to these offices.

PART VI
CORRUPT PRACTICES

PERSONATION

28.	A person commits the offence of personation if he -

(a)	except when voting as a proxy, votes as some other person whether that other person is living or dead or is a fictitious person; or

(b)	votes as proxy for a person whom he knows or has reasonable grounds for supposing to be dead or a fictitious person.

BRIBERY

29.	(1)	A person commits the offence of bribery -

(a)	if he directly or indirectly by himself or by other person -

(i)	gives any money or procures any office to or for any voter or to or for any other person on behalf of any voter or to or for any other person in order to induce any voter to vote or refrain from voting;

(ii)	corruptly does any such act on account of any voter having voted or refrained from voting; or

(iii)	makes any such gift or procurement to or for any person in order to induce that person to procure, or endeavour to procure, the election of any candidate or the vote of any voter;

or if upon or in consequence of any such gift or procurement he procures or engages, promises or endeavours to procure the election of any candidate or the vote of any voter;

(b)	if he advances or pays any money or causes any money to be paid to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election or knowingly pays any money or causes any money to be paid to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;

(c)	if before or during an election he directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration or any office, place or employment for himself or for any other person for voting or agreeing to vote or from refraining or agreeing to refrain from voting;

(d)	if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

(2)	For the purposes of subregulation (1) -

(a)	references to giving money include references to giving, lending, agreeing to give or lend, offering, promising and promising to procure or to endeavour to procure any money or valuable consideration;

(b)	references to procuring office include references to giving, procuring, agreeing to give or procure, offering, promising and promising to procure or to endeavour to procure any office, place or employment.

TREATING

30.	A person commits the offence of treating -

(a)	if he corruptly by himself or by any other person either before, during or after an election directly or indirectly gives or provides or pays wholly or in part the expenses of giving or providing any food, drink or entertainment to or for any person -

(i)	for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or

(ii)	on account of that person or any other person having voted or refrained from voting or being about to vote or refrain from voting;

(b)	if he corruptly accepts or takes food, drink or entertainment offered in the circumstances and for the purpose mentioned in paragraph (a) of this regulation.

UNDUE INFLUENCE

31.	A person commits the offence of undue influence if -

(a)	he directly or indirectly by himself or by any other person on his behalf -

(i)	makes use of or threatens to make use of any force, violence or restraint; or

(ii)	inflicts or threatens to inflict by himself or by any other person any temporal or spiritual injury, damage, harm or loss upon or against any person,

in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or

(b)	by abduction, duress or any fraudulent device or contrivance he impedes or prevents the free exercise of the franchise of a voter, or thereby compels, induces or prevails upon a voter either to vote or to refrain from voting.

PENALTY FOR CORRUPT PRACTICES

32.	(1)	The offences of personation, bribery, treating and undue influence are corrupt practices for the purposes of these regulations.

(2)	A person convicted of a corrupt practice shall be liable on conviction to a fine not exceeding VT100,000 or to imprisonment for a term not exceeding 5 years or to both.

PART VII
ELECTION PETITIONS

ELECTION DISPUTES COMMITTEE

33.	(1)	There shall be an Election Disputes Committee which shall consist of not more than six and not less than four members one of whom shall be the chairman who shall be appointed by the Minister by notice published in the Gazette.

(2)	The Minister may replace a member who is unable to carry out his duties or ceases to be qualified or fill any vacancy.

(3)	When appointing the Election Disputes Committee the Minister may make such stipulations, not inconsistent with these regulations, as he may consider appropriate concerning the functions of the Committee.

(4)	The names of the members of the Election Disputes Committee together with the address of the Committee for service of petitions shall be published in the Gazette.

ELECTIONS ONLY TO BE CHALLENGED UNDER THESE RULES

34.	(1)	The validity of any election to the Municipal Council may be questioned by a petition brought for that purpose under these rules and not otherwise.

(2)	Every election petition shall be heard by the Election Disputes Committee.

PERSONS WHO MAY PRESENT ELECTION PETITIONS

35.	An election petition may be presented by I or more of the following -

(a)	a person who is registered to vote at the election to which the petition relates;

(b)	a person claiming himself to have been a candidate at such election.

PETITIONS ONLY VALID IF DEPOSIT MADE

36.	(1)	The presentation of an election petition shall not be valid unless within the time specified in regulation 37, the person seeking to present the same lodges with the Election Disputes Committee a deposit of VT10,000 as security for costs.

(2)	Subject to subregulation (3) a deposit made under subregulation (1) shall be returned to the petitioner after the petition has been heard.

(3)	The Election Disputes Committee may deduct from a deposit made under subregulation (1), the amount of any costs ordered to be paid.

TIME FOR PRESENTATION OF PETITIONS

37.	(1)	Subject to subregulation (2) an election petition shall be presented within 21 days of the publication in the Gazette of the results of the election to which the petition relates.

(2)	If a petition alleges a specific payment of money or other reward after an election by of on the account of a person whose election is disputed, the petition may be presented within 21 days of the alleged payment.

(3)	The time limit provided for in this regulation shall not be extended.

ELECTION PETITIONS TO BE IN WRITING AND COPIES TO BE SERVED ON AFFECTED PERSONS

38.	(1)	An election petition shall be in writing and shall specify the ground or grounds upon which an election is disputed.

(2)	The Election Disputes Committee shall cause a copy of each election petition to be served on any person whose election may be affected by the petition and allow such person a reasonable time in which to make any submissions in writing on the hearing of the petition.

PROCEEDINGS OF ELECTION DISPUTES COMMITTEE

39.	(1)	The members of the Election Disputes Committee may make such rules or decisions not inconsistent with these regulations or any other law and any stipulations or decisions made pursuant to regulation 33(3), concerning the conduct of proceedings before them, the times and places of their meetings and adjournment thereof as they shall consider proper.

(2)	The proceedings of the Committee shall be considered in English, French or Bislama according to the choice of the petitioner and interpreters shall be provided by the Committee.

(3)	The proceedings of the Committee shall be recorded in writing.

(4)	Persons may be represented before the committee by counsel.

(5)	No person appearing before the committee shall be bound to incriminate himself and all such persons shall be entitled to the privileges accorded to a witness appearing before the Supreme Court.

DECISIONS OF ELECTION DISPUTES COMMITTEE

40.	(1)	On hearing a petition the Election Disputes Committee may -

(a)	declare the election to which the petition relates void;

(b)	declare a candidate other than the person whose election is questioned duly elected; or

(c)	dismiss the petition and declare the persons whose election is questioned duly elected.

(2)	The Election Disputes Committee may make such orders as to the payment of costs by any person appearing before it as it may deem fit.

GROUNDS FOR DECLARING ELECTION VOID

41.	(1)	The election of a candidate may be declared void on an election petition if it is proved to the satisfaction of the Election Disputes Committee, that -

(a)	bribery, treating, undue influence or other misconduct or circumstances whether similar to those herein before enumerated or not, have so extensively prevailed that they may be reasonably supposed to have affected the result of the election;

(b)	there has been such non-compliance with the provisions of these regulations, in the conduct of poling or in any other matter that such non-compliance affected the result of the election;

(c)	the candidate was at the time of his election a person not qualified or disqualified for election; or

(d)	there was such irregularity in the counting of the votes as may reasonably be supposed to have affected the result of the election.

(2)	The election of a candidate shall be declared void if he is convicted by a competent court of committing a corrupt practice or of attempting or conspiring to commit a corrupt practice.

(3)	Notwithstanding the provisions of subregulation (1) -

(a)	where upon the hearing of an election petition the Election Disputes Committee finds that any agent of a candidate has been guilty of a corrupt practice and the Election Disputes Committee further finds that the candidate has proved to the Election Disputes Committee that -

(i)	no corrupt practice was committed by the candidate himself or with his knowledge or consent or approval;

(ii)	the candidate took all reasonable means for preventing the commission of corrupt practices at such election; and

(iii)	in all other respects the election was free from any corrupt practice on the part of the candidate;

(iv)	such corrupt practices did not affect the result of the elections;

then, if the Election Disputes Committee so recommends, the election of such candidate shall not by reason of any such practice be void.

(b)	Where upon the hearing of an election petition the Election Disputes Committee finds that there has been failure to comply with any provision of these regulations but the Election Disputes Committee further finds, that it is satisfied that the election was conducted in accordance with the principles laid down in these regulations and that such failure did not affect the result of the election, the election of the successful candidate shall not, by reason of such failure, be void.

EXAMINATION OF VOTES CAST

42.	When on an election petition the election is claimed for an unsuccessful candidate on the ground that he had a majority of lawful votes the Election Disputes Committee may direct an examination of the counted and void votes and of the counting of votes.

COMMUNICATION OF DECISION OF ELECTION DISPUTES COMMITTEE AND APPEALS

43.	(1)	The decision of the Election Disputes Committee shall be communicated without delay to the petitioner and all persons whose election is subject to such petition.

(2)	Any person referred to in subregulation (1) may within 14 days of such decision or such further time as the Supreme Court may allow appeal to that Court in writing giving brief reasons for his appeal.

(3)	After consideration of the written appeal and of the record of the proceedings before the Election Disputes Committee the Supreme Court may either dismiss the appeal summarily or give the other persons affected by the appeal an opportunity to lodge replies to it and fix a date to hear the appeal.

(4)	Any decision of the Supreme Court on an appeal whether a summary dismissal or a decision after a hearing shall be final.

(5)	The Supreme Court may make rules of procedure to be observed in relation to appeals to it under this regulation.

(6)	The Election Disputes Committee forthwith after the end of a period of 14 days after its decision, or in the case of an appeal the Supreme Court forthwith after its decision, shall inform the Minister thereof who shall take all proper measures to effect it and shall inform the Council of Ministers of the decision.

REPORTS TO PUBLIC PROSECUTOR

44.	The Election Disputes Committee or, if an appeal from its decision is made, the Supreme Court shall if in its opinion anyone has committed an offence of a corrupt practice in connection with an election to which a petition heard by it relates, send a written report in respect thereof to the Public Prosecutor.

NO PERSON REQUIRED TO REVEAL HIS VOTE

45.	No person who has voted in an election shall in any proceedings be required to state for whom he has voted.

SAVINGS WHEN ELECTION DECLARED VOID

46.	Where on an election petition the election of a member of the municipal council is declared void nothing done by him prior to such declaration either as a member of the municipal council or in an office for which membership of the council is a qualification shall be thereby invalidated.

DISPOSAL OF REPORTS AND DOCUMENTS

47.	(1)	Subject to subregulation (2) the Electoral Office shall retain for not less than 1 year all reports sent to it in accordance with these regulations and all documents sent therewith including packets of counted and void votes.

(2)	Documents relating to an election in respect of which an election petition or any legal proceedings have been commenced shall not be destroyed until the proceedings have ended.

(3)	The Supreme Court when hearing an election petition or any court trying a person for any corrupt practice may make an order that any document retained by the Electoral Office shall be inspected, copied or produced at such time and place subject to such conditions as it thinks fit.

(4)	No order shall be made under subregulation (3) unless the Court is satisfied that inspection, copying, or production is essential for the hearing of a charge of a corrupt practice or the hearing of an election petition.

(5)	Except as provided by subregulation (3) no person may inspect or copy any document retained by the Electoral Office under these regulations.

_________________________________

SCHEDULE 1
(Regulation 4(1)(a))

PART 1
DECLARATION OF CANDIDATURE

To the electoral officer for ........................................................... district

I. ...................................... (name) of ............................................... being a citizen of Vanuatu and aged 21 or more.

HEREBY DECLARE

1.	Myself as a candidate for election to the ....................................................... Municipal Council as representative for .......................................................................... Ward;

2.	That I am registered in the electoral roll for ....................................................... Polling District, electoral card no. ...................................

3.	That I am not disqualified from voting;

4.	That I am not serving a sentence of imprisonment or have not received a suspended sentence of imprisonment where the period of suspension has not ended;

5.	That I am not an undischarged bankrupt;

6.	That my occupation/profession is .............................................................................

DATE ........................................	SIGNATURE OF CANDIDATE .............................

________________________________________________________________________

NOTES

1.	When this form is completed (including the sponsorship details overleaf) it should be returned to the electoral officer of the district in which the election is to be held.

2.	Please attach to this form -

(a)	Two passport sized photographs of yourself (not colour photos);

(b)	An illustration on paper of your personal electoral symbol unless you are sponsored by a political party with an approved symbol.

SPONSORS OF CANDIDATE

1.	NAME .................................		ADDRESS ....................................................

OCCUPATION ......................	ELECTORAL CARD No. ...................................
SIGNATURE ......................................................

________________________________________________________________________

2.
________________________________________________________________________

3.
________________________________________________________________________
4.

________________________________________________________________________

NOTE

Sponsors must be registered as electors in the local government region of the candidate and must not be related to him.

PART 2
(Regulation 4(4))

RECEIPT

Received from Mr/Mrs/Miss .........................................................................................……
this ......................... day of ................................... 19 ............... a declaration of candidature for the election of members of the municipal council of .................................................. to be held on the ......................... day of ................................... 19 ...............

Signed: .....................................................

Electoral Officer for ..................................... District

_______________________

SCHEDULE 2

(Regulation 13)

RULES FOR VOTING BY PROXY

ARRANGEMENT OF RULES

PART 1

RULES
1. Application to vote by proxy
2. Decisions of registration officer and notification thereof
3. Revocation of proxies and further applications
4. Elector who has obtained issue of proxy may vote in person
5. Proxy nullified on death or cessation of eligibility of voter or his proxy
6. Limitations on voting by proxy
7. Manner of voting by proxy and casting of own vote

PART 2
FORM A-Application to vote by proxy
FORM B-Proxy form

___________________________

[Subsidiary]

SCHEDULE 2
(Regulation 13)

PART 1
RULES FOR VOTING BY PROXY

APPLICATION TO VOTE BY PROXY

1.	(1)	Any person who is entitled to vote may only vote by proxy if he can demonstrate that by reason of -

(a)	occupation;

(b)	health; or,

(c)	religion;

he is unable to vote at the polling station where he is registered to vote.

(2)	A person referred to in subrule (1) shall apply to the electoral officer for the constituency in which he is entitled to vote by the completion and submission thereof of Form A in part 2 of this Schedule accompanied by his electoral card.

(3)	A person who is prevented from voting by reason of his occupation shall accompany his application with a certificate signed by his head of department, superior officer, manager or other person to whom he is responsible certifying as to his inability to vote in person and the reason therefor.

(4)	A person who is prevented from voting in person by reason of health shall company his application with a certificate by a recognised medical practitioner, nurse, dresser or on the unavailability of any such persons a person of standing certifying as to his inability to vote in person and the reason therefor.

(5)	A person who professes to be prevented from voting in person by reason of religious obligations shall accompany his application by a certificate of a minister of his religion that confirms that he cannot vote for reasons of religion.

(6)	Every application under subrule (2) hereof shall reach the electoral officer not less than 72 hours before polling.

DECISIONS OF ELECTORAL OFFICER AND NOTIFICATION THEREOF

2.	(1)	If the electoral officer who receives an application under rule 1(2) is satisfied that -

(a)	an applicant is entitled to vote by proxy; and

(b)	the person named as proxy is registered on the same roll as the applicant;

he shall so inform the applicant using the detachable part of the application form and deliver by post or other means the completed proxy form in Form B in part 2 of this Schedule and the applicant's electoral card to the proxy named by the applicant.

(2)	For the purposes of subrule (1) the electoral officer shall be deemed to have delivered a proxy form and electoral card if he makes known to a proxy that the cards are available for collection at the polling station on polling day.

(3)	If an electoral officer who receives an application under rule 1(2) is not satisfied that the applicant is entitled to vote by proxy he shall so inform the applicant.

(4)	If an electoral officer although being satisfied that an applicant under rule 1(2) is entitled to vote by proxy but that the person nominated as proxy is not eligible to be a proxy for the applicant he shall so inform the applicant and invite him to nominate another person provided that in his opinion the applicant will be able to make such nomination not less than 72 hours before polling.

REVOCATION OF PROXIES AND FURTHER APPLICATIONS

3.	(1)	A voter may revoke a proxy by notice in writing to a registration officer.

(2)	A voter who has revoked a proxy may apply for the issue of another.

ELECTOR WHO HAS OBTAINED ISSUE OF PROXY MAY VOTE IN PERSON

4.	A voter who has obtained the issue of a proxy may vote in person provided he obtains his electoral card from his proxy before that person votes on his behalf.

PROXY NULLIFIED ON DEATH OR CESSATION OF ELIGIBILITY OF VOTER OR HIS PROXY

5.	(1)	Where the voter or his proxy dies or ceases be eligible to vote a proxy shall become null and void.

(2)	The electoral officer shall recover the proxy form.

LIMITATIONS ON VOTING BY PROXY

6.	(1)	No voter may cast a proxy vote for more than two voters.

(2)	If more than two proxies are made out in the name of the same voter the two earliest: in time shall be valid.

(3)	If more than two proxies issued to a voter bear the same date the voter shall be required by the returning officer at his polling station to choose those two under which he will cast votes and surrender any others.

(4)	The electoral officer will cause any voter whose proxy is invalid to be so informed without undue delay.

MANNER OF VOTING BY PROXY AND CASTING OF OWN VOTE

7.	(1)	A proxy voter shall vote for the person for whom he is proxy in the same manner as he casts his own vote.

(2)	If a proxy voter wishes to cast his own vote he must do it at the same time as he votes as proxy.

(3)	When a person votes as proxy he must produce his own electoral card; the proxy form authorising him to vote as proxy; and the electoral card of the person for whom he is voting.

_____________________________________

SCHEDULE 2

PART 2

FORM A
APPLICATION TO VOTE BY PROXY

To the electoral officer for the ward of ...............................................................................

1.	I, ........................................................ of ........................................................... being registered to vote at ........................................................................................ polling station hereby apply for the issue of a proxy to .............................................................................................................. of ............................................................ who is entitled to vote at the same polling station.

2.	I cannot attend at the polling station on polling day by reason of -

*(a)	my occupation;

(b)	health;

(c)	my religion;

…………………………………………………………………………………………………………………………………………………………………………...…………………………….........................................................

* (delete whichever is not applicable and give particulars and details stating how your attendance is prevented.)

3.	I enclose a certificate from my -

*(a)	head of Department;

(b)	superior officer;

(c)	manager, etc.;

(d)	medical officer;

(e)	dresser or nurse;

(f)	minister of religion, sister;

(g)	other responsible person.

* (delete whichever is not applicable).

DATED this ......................... day of ................................... 19 ...............

............................................................
SIGNATURE OF APPLICANT

NOTE: THIS APPLICATION MUST BE ACCOMPANIED BY THE APPLICANT'S ELECTORAL CARD.

___________________________

[Subsidiary]

NOTIFICATION TO APPLICANT TO VOTE BY PROXY

(to be detached from application form and delivered to proxy)

To:	.........................................................................................................................……

*1.	Your application to vote by proxy has been rejected because
......................................................................................................................................................................................................................................................................………………............................................................................................................

*2.	Your application to vote by proxy has been accepted but the person is not named on the roll for .................................................. and you are requested to nominate another person who is on that roll.

*3.	Your application to vote by proxy has been approved and the proxy form and your electoral card have been delivered to, or made available for collection by ......................................……………………………………………………………..

DATE:		........................................	SIGNED:	....................................
Electoral Officer

*Delete whichever is not applicable.

______________________________

FORM B
PROXY FORM

(cover)

Registration area no. ...................................................................................................……..

Name ......................................................................................................................………..

Polling station letter ....................................................................................................……..

Polling station name ....................................................................................................……

Valid only for the ....................................................... election ....................................……

Official stamp and date of voting

_____________________________

PROXY FORM
(Inside page)

Name ......................................................................................................................………...

First name ................................................................................................................………..

Sex .........................................................................................................................…………

Date of birth or age .....................................................................................................……..

Address ...................................................................................................................………..

*Registered as a voter at ...............................................................................................……

Electoral card no. .......................................................................................................……...
is hereby authorised to vote as proxy on behalf of -

Name ......................................................................................................................………...

First name ................................................................................................................………..

Sex .........................................................................................................................…………

Date of birth .............................................................................................................……….

Address ...................................................................................................................………..

Registered as a voter at ................................................................................................…….

Electoral card no. .......................................................................................................……...

Given at ............................................................ Date ............................................………...

By ................................................................... Signature of ...................................……….

Electoral officer for .....................................................................................................…….

*The proxy must be qualified as a voter and registered on the same electoral roll as the voter giving the proxy.

____________________________

[Subsidiary]

SCHEDULE 3
(Regulation 16)

ELECTION OF CANDIDATES RULES

ARRANGEMENT OF RULES

RULES

1.	One polling station in each polling district
2.	Polling clerks
3.	Authorised representatives of candidates
4.	Equipment at polling stations
5.	Notice for guidance of voters
6.	Opening of polling station
7.	Resolution of difficulties and statement of objections and decisions
8.	Regulation of admission to polling station
9.	Keeping of order in polling station
10.	Voting
11.	Polling clerk's duties in respect of person who has voted
12.	Replacement of spoilt ballot papers
13.	Report on persons suspected of personation
14.	Assistance to disabled voters
15.	Members of public to be admitted to observe count
16.	Counting of votes
17.	Void ballot papers
18.	Recounts
19.	Declaration of votes and report on voting
20.	Notification of votes cast for each candidate
21.	Declaration by Minister of candidates elected
22.	Determination of successful candidates
23.	Method of calculation
24.	Example of proportional representation
25.	Declaration by Minister of election of eldest candidate
ANNEX-Example of a system of proportional representation

_________________________________

[Subsidiary]

SCHEDULE 3

ELECTION OF CANDIDATES RULES

ONE POLLING STATION IN EACH POLLING DISTRICT

1.	(1)	The Principal Electoral Officer shall determine the location of one polling station in each polling district.

(2)	The Electoral Office shall be responsible for its installation.

POLLING CLERKS

2.	(1)	An electoral officer shall appoint such number of polling clerks to assist the returning officer as may be necessary.

(2)	The oldest polling clerk shall act as returning officer during the absence or incapacity of the returning officer.

AUTHORISED REPRESENTATIVES OF CANDIDATES

3.	(1)	A candidate or political party may nominate in writing to the electoral officer not less than 24 hours before polling an authorised representative for each polling station who may attend during voting and counting and who may require any comment, dispute or protest to be included in the report by the returning officer made under rule 19(2).

(2)	Subject to subrule (3) the Electoral Office shall issue each authorised representative nominated under subrule (1) with a letter of authority and an identification badge or identification card.

(3)	No candidate shall have more than one authorised representative at one polling station but one representative may be authorised for more than one candidate and more than one polling station.

(4)	A returning officer shall not permit to remain in a polling station any person who claims to be an authorised representative of a candidate but who cannot produce a letter of authority.

(5)	A list of all authorised representatives of candidates shall be displayed at all polling stations.

EQUIPMENT AT POLLING STATIONS

4.	(1)	Each electoral officer shall be provided by the Electoral Office with such number of ballot boxes, ballot papers and envelopes bearing official markings as shall be necessary for them to supply to returning officers for the purpose of carrying out their duties.

(2)	Each ballot box shall have 2 padlocks with dissimilar keys and shall be so constructed that when locked ballot papers can be put therein but cannot be withdrawn.

(3)	The Electoral Office shall also provide each electoral officer with -

(a)	lists of authorised representatives provided for in rule 3(5) for each polling station;

(b)	2 copies of the electoral roll for each polling station in which the station is established;

(c)	sufficient copies of the electoral laws;

(d)	enough polling booths to enable voters to vote in secrecy;

(e)	sufficient tally sheets for recording the votes cast for each candidate; and

sufficient numbers of any notices required by law to be displayed in polling stations.

NOTICES FOR GUIDANCE OF VOTERS

5.	A notice in legible print giving descriptions in English, French and Bislama for the guidance of voters in voting shall be exhibited inside and outside each polling station.

OPENING OF POLLING STATION

6.	The returning officer shall open the polling station over which he presides on polling day and at the time provided for in the notice referred to in rule 8(4) of the Municipal Council Election Rules.

RESOLUTION OF DIFFICULTIES AND STATEMENT OF OBJECTIONS AND DECISIONS

7.	(1)	A returning officer shall endeavour to amicably resolve all difficulties that may arise during the poll giving reasons for his decisions.

(2)	A written statement of all authorised representatives' objections and decisions thereon together with any relevant document initialled by the returning officer and a polling clerk shall be included in the report made by the returning officer under rule 19(2).

REGULATION OF ADMISSION TO POLLING STATION

8.	(1)	The returning officer shall regulate the number of voters to be admitted to a polling station at the same time and shall exclude all other persons except -

(a)	the polling clerks;

(b)	officials of the Electoral Office;

(c)	candidates and their authorised representatives nominated in accordance with rule 3;

(d)	police officers on duty;

(e)	companions of disabled voters;

(f)	press representatives and other persons authorised by the Electoral Office.

(2)	All persons authorised to be in a polling station shall wear an identification badge or carry an identification badge or carry an identification card.

KEEPING OF ORDER IN POLLING STATION

9.	(1)	It shall be the duty of the returning officer to keep order at his polling station.

(2)	If a person misconducts himself at a polling station or fails to obey the lawful orders of the returning officer he may by order of the returning officer be removed.

(3)	A person removed in accordance with subrule (2) shall not without the permission of the returning officer re-enter the polling station.

(4)	The power conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having the opportunity of voting at that polling station.

VOTING

10.	(1)	Every voter desiring to vote shall present himself at his allotted polling station. The returning officer or polling clerk shall satisfy himself that -

(a)	the voter is registered on the roll at the station;

(b)	has not already voted; and

(c)	place his signature or initials opposite the name of the voter in the margin of one of the electoral rolls; and

(d)	deliver to the voter one ballot paper for each candidate and one envelope.

(2)	Immediately on receipt of the ballot papers and envelope a voter shall -

(a)	enter a polling booth;

(b)	record his vote by placing the ballot paper bearing the name and symbol of his chosen candidate in the envelope;

(c)	leave all other ballot papers in the booth;

(d)	present himself to the presiding officer or polling clerk who without touching it shall verify that the voter tenders one envelope;

(e)	place the envelope in the ballot box; and

leave the polling station without undue delay after the completion of the formalities referred to in rule 11.

POLLING CLERK'S DUTIES IN RESPECT OF PERSON WHO HAS VOTED

11.	After each voter has voted a polling clerk shall -

(a)	in those polling districts where it is required, place an indelible mark on the thumb nail of the voter which shall so far as possible be indelible for the period of the poll;

(b)	stamp and endorse on the electoral card of the voter the date of election;

(c)	place his signature or initials opposite the name of the elector in the margin of the second electoral roll; and

(d)	return the card to the elector.

REPLACEMENT OF SPOILT BALLOT PAPERS

12.	A voter who satisfies the returning officer that he has inadvertently spoilt a ballot paper may on surrendering it obtain another.

REPORT ON PERSONS SUSPECTED OF PERSONATION

13.	If before a voter leaves a polling station a candidate or his authorised representative or a polling clerk informs the returning officer he has reasonable cause to believe that the voter has committed the offence of personation and agrees to substantiate the accusation in a court the returning officer shall report the matter to the Principal Electoral Officer.

ASSISTANCE TO DISABLED VOTERS

14.	(1)	Any person suffering from a physical disability may be granted permission by a returning officer to be accompanied into a polling station by a person of his choice to assist him in voting.

(2)	The granting of permission under this rule shall be recorded in the report made by the returning officer under rule 19(2).

MEMBERS OF PUBLIC TO BE ADMITTED TO OBSERVE COUNT

15.	A returning officer shall allow as many members of the public to observe a count as can do so without hindering counting.

COUNTING OF VOTES

16.	(1)	Immediately a poll is closed the returning officer shall administer the counting of the votes which shall be done by -

(a)	opening the ballot box or boxes;

(b)	the returning officer removing all envelopes from each box;

(c)	the returning officer taking the ballot papers from the envelopes;

(d)	the returning officer reading out the name on each ballot paper;

(e)	the polling clerks recording the number of votes cast for each candidate on 2 tally sheets provided for that purpose.

(2)	If the number of envelopes is found to be more or less than the marginal signatures or initials made in the roll in accordance with rule 11(c) the discrepancy shall be stated in the report provided for in rule 19(2).

VOID BALLOT PAPERS

17.	Any ballot paper which -

(a)	by any writing or mark thereon identifies the voter;

(b)	is not in an envelope or is in a non-official envelope; or

(c)	is in an envelope containing more than one ballot paper; shall be void and not counted.

RECOUNTS

18.	On the close of counting or on a recount a candidate or his authorised representative may request the returning officer to conduct a recount and further recounts but the returning officer may refuse to do so if in his opinion the request is unreasonable.

DECLARATION OF VOTES AND REPORT ON VOTING

19.	(1)	When a returning officer is satisfied that the count or recounts are complete he shall declare counting of votes completed and formally announce the votes cast for each candidate.

(2)	Immediately after declaring the counting of votes completed the returning officer shall complete the official report on polling which shall state -

(a)	the number of registered voters;

(b)	the number of voters who voted;

(c)	the number of void ballot papers;

(d)	the number of valid votes cast for each candidate;

(e)	such other matters as these rules provide shall be included; and

(f)	such other matters as the Principal Electoral Officer shall direct may be included.

(3)	The report shall be made in duplicate in French, English or Bislama.

(4)	It shall be signed by the returning officer and the polling clerks. It shall be countersigned by such of the candidates as may be present at the count.

(5)	After it has been signed the report shall be placed in a sealed envelope.

(6)	The returning officer shall also seal in separate packets the counted and void ballot papers and endorse on each packet -

(a)	a description of its contents;

(b)	the date of polling; and

(c)	the name and number of the polling station.

(7)	The packets referred to in subrule (6) shall, immediately they have been sealed and endorsed, be signed on the outside by the persons referred to in subrule (4).

(8)	The report and the sealed packets referred to in subrule (6) shall be delivered to the electoral officer responsible for the ward in which the poll was taken by the returning officer or by a person instructed by him.

NOTIFICATION OF VOTES CAST FOR EACH CANDIDATE

20.	When an electoral officer has received all the reports provided for in rule 19 including reports from any polling stations where a new poll has been held he shall notify the Minister of the number of votes cast for each candidate in the wards for which he is responsible.

DECLARATION BY MINISTER OF CANDIDATES ELECTED

21.	The Minister shall as soon as practicable after receiving notification in accordance with rule 20 from all electoral officers announce for each ward -

(a)	the number of votes cast for each candidate; and

(b)	the name of each candidate elected in accordance with rules 22, 23 and 24.

DETERMINATION OF SUCCESSFUL CANDIDATES

22.	A system of proportional representation shall be used to determine which candidates shall be declared elected.

METHOD OF CALCULATION

23.	The following calculations shall be carried out separately for each ward -

(a)	the total number of votes cast shall be divided by the number of seats contested. The result, calculated to 2 decimal places, will indicate the number of votes required to secure one seat and shall be known as the "electoral quotient";

(b)	the total number of votes cast for each party (and for this purpose a party shall mean one or more candidates using the same electoral symbol) shall be divided by the electoral quotient;

(c)	the result of the division at paragraph (b) shall be expressed as a whole number (which will be zero if the total number of votes cast for the party is less than the electoral quotient) and a remainder;

(d)	the whole number obtained at paragraph (c) shall indicate the number of seats won outright by the party concerned and these shall be awarded successively to the candidate with the highest number of votes;

(e)	any remaining seat not allocated as a result of the operation at paragraph (d) shall be awarded to the party which, after the operation at paragraph (c) had the largest remainder.

EXAMPLE OF PROPORTIONAL REPRESENTATION

24.	An example of the system of proportional representation referred to in rule 22 and the calculations set out in rule 23 is contained in the annex to these rules.

DECLARATION BY MINISTER OF ELECTION OF ELDEST CANDIDATE

25.	Should two or more candidates in a ward receive the same number of votes so that if one of them only had received that number of votes he would have been declared elected under rule 23 the Minister shall declare the eldest elected.

_______________________________

Election of Candidates Rules
(paragraph 24)

ANNEX

Example of a system of proportional representation

Candidate
Number	NO. OF VOTES OBTAINED	Total Votes
Cast	
	Party A	Party B	Party C	Party D		
1
2
3
4	400
210
120
42	240
91
72
10	119	102		
Totals	772	413	119	102	1412	

Total No. of votes cast				1.412
Number of seats					4
Electoral quotient					1412 + 4 = 353.00

Divide total party votes by the electoral quotient -

Alternatively

Party A	772 = 2.20		2 remainder 72
353

Party B	413 = 1.17		1 remainder 60
353

Party C	119 = 0.34		0 remainder 119
353

Party D	102 = 0.29		0 remainder 102
353

Party A wins 2 seats clear
Party B wins 1 seat clear

Remaining seat goes to Party C with a remainder of .34 (or 119 votes) although No. 3 candidate of Party A has 1 more vote than the one candidate of Party C.

Further example (with a tied vote)

Candidate
Number	NO. OF VOTES OBTAINED	Total Votes
Cast	
	Party A	Party B	Party C	Party D		
1
2
3
4	400
210
120
42	240
163
	119	1192		
Totals	772	403	119	119	1412	

Electoral quotient			1412 + 4 = 353.00

Party A	772 = 2.19		2 remainder 66
353

Party B	403 = 1.14		1 remainder 50
353

Party C	119 = 0.34		0 remainder 119
353

Party D	119 = 0.34		0 remainder 119
353

Party A wins 2 seats
Party B wins 1 seat

Remaining seat must go to the elder of the candidates of C or D.

___________________________________

[Subsidiary]

SUBSIDIARY LEGISLATION

MUNICIPAL COUNCILS FINANCIAL REGULATIONS

Order 66 of 1983

ARRANGEMENT OF REGULATIONS

REGULATIONS

CHAPTER 1
Interpretation

1.	Interpretation

CHAPTER 2
Financial Responsibilities of Officers

2.	Duties and functions of the treasurer
3.	Duties of council officers

CHAPTER 3
General Rules Relating to Finance

4.	Receipts and payments cash book
5.	Control of revenue
6.	Bank statements
7.	Trial balance
8.	Final accounts
9.	Losses

CHAPTER 4
Preparation of Estimates

10.	Estimates
11.	Approval of estimates by Minister
12.	Supplementary estimates
13.	Delay in approval of estimate
14.	Standard form of estimate
15.	Ordinary revenue and expenditure
16.	Extraordinary revenue and expenditure
17.	Financial statement
18.	Reallocation from one subhead to another

CHAPTER 5
Receipts

19.	Issue of receipt and licence books
20.	Safe custody of receipt and licence books
21.	Issue of receipts
22.	Cancelled receipts and licences
23.	Issue of licences
24.	Revenue collector's cash book
25.	Appointment of revenue collectors
26.	Payments of revenue to treasury
27.	Failure to pay in revenue
28.	Notice to the public
29.	Master register
30.	Register of those liable to pay fees and licences
31.	Loss of revenue through neglect etc.

CHAPTER 6
Payments

32.	Payments to be made by treasurer
33.	Payments to be made within year commitment was incurred
34.	Payment vouchers
35.	Certificate as to accuracy of details on payment voucher
36.	Receipt from supplier
37.	Recoveries from payments
38.	Vouchers to be signed

CHAPTER 7
Personal Emoluments

39.	Salaries charged to personal emoluments subhead
40.	Salaries payable monthly
41.	Advances of salaries
42.	Salaries record card
43.	Salaries to be paid until dismissed
44.	Salaries of officer on interdiction
45.	Balance of salary due to officer convicted of misappropriation

CHAPTER 8
Cash Book

46.	Form of cash book
47.	Entries in cash book
48.	Details of receipts in cash books
49.	Details of payments in cash book
50.	Remittances of cash
51.	Balancing of cash book
52.	Balance and cash on hand
53.	Difference between cash book and cash on hand, further action
54.	Certification as to balance of cash book

CHAPTER 9
Bank Accounts

55.	Authority for opening bank accounts
56.	Signing of cheques
57.	Cheques to be accompanied by payment voucher
58.	Entries in cash book for cheques received
59.	Payment into council bank account
60.	Dishonoured cheques
61.	Reconciliation of cash book

CHAPTER 10
Deposits

62.	Acceptance of deposits
63.	Deposit accounts
64.	Details of deposits
65.	Payment on deposit
66.	Details of deposit account to be entered in ledger
67.	Balances on deposit accounts

CHAPTER 11
Advances

68.	Advances
69.	Details of advances
70.	Receipt for repayments
71.	Advance account
72.	Recovery of advances

CHAPTER 12
Imprests

73.	Imprest
74.	Types of imprests
75.	Register of imprests
76.	Records of imprests
77.	Imprests for specific purpose(s)
78.	Receipts for imprests
79.	Separate account in ledger

CHAPTER 13
Ledger

80.	Form of ledger
81.	Provisions of ledger
82.	Details to be included in ledger
83.	Separate ledgers for revenues and expenditures
84.	Entries in ledger
85.	Details to be included in voucher
86.	Vouchers covering remittance

CHAPTER 14
Adjustments

87.	Adjustments between accounts
88.	Information on adjustment vouchers
89.	Copy to ministry

CHAPTER 15
Trial Balance

90.	Trial balance
91.	Trial balance how made
92.	Errors in trial balance

CHAPTER 16
Final Accounts

93.	Final accounts
94.	Form of statement of actual revenue
95.	Form of statement of actual expenditure
96.	Total amounts of expenditure and revenue
97.	Statement of ledger balances
98.	Final accounts
99.	Final accounts and other documents to be forwarded to auditor
100.	Secretary to lay auditor's report before council

CHAPTER 17
Custody of Council Money

101.	Security of cash etc.
102.	Safe custody of keys
103.	Loss of keys
104.	Handing over cash, stamps, keys etc.
105.	Register of money received through the post

CHAPTER 18
Losses of Council Funds

106.	Definition
107.	Minor losses
108.	Action by treasurer
109.	Report not to be withheld
110.	Executive committee to examine evidence
111.	Action by Minister
112.	Board of enquiry
113.	Action on report
114.	Ex-gratia payments
115.	Minister's powers of write-off

CHAPTER 19
Payment of Works and Services

116.	Use of local purchase order
117.	Extraordinary expenditure
118.	Formal contract with supplier
119.	Authorised signature
120.	Purchase order listed as commitment
121.	Copy with monthly accounts

CHAPTER 20
Miscellaneous

122	Restriction on use of green ink
123.	Alterations in cash books or vouchers
124.	Forms to be made available
125.	Council to retain originals and copies of financial transactions

_______________________________

SUBSIDIARY LEGISLATION

MUNICIPAL COUNCILS FINANCIAL REGULATIONS

To provide regulations for the control and management of the financial business of municipal councils, for the procedures relating to such control and management, for the duties of the treasurers and accounting staff of councils, and for matters connected therewith.

CHAPTER 1
INTERPRETATION

INTERPRETATION

1.	In these regulations unless the context otherwise requires -

"Act" means the Municipalities Act, Cap. 126;

"auditor" means an auditor appointed in accordance with section 55 of the Act;

"accountable officer" means any officer appointed by the council and charged with duties involving the handling of council funds;

"council" means a municipal council established under the Act;

"council officer" means any person appointed to the service of a council, and includes a town clerk, treasurer and accountable officer;

"town clerk" means the officer appointed to the position of chief executive officer of the council with the overall responsibility for the operation of the council;

"treasurer" means the officer appointed to the position of head of the accounting Organisation of the council answerable directly to the town clerk.

CHAPTER 2
FINANCIAL RESPONSIBILITIES OF OFFICERS

DUTIES AND FUNCTIONS OF THE TREASURER

2.	(1)	The treasurer shall be responsible for the general management and supervision of all the accounting operations of the council under the direction of the town clerk and in accordance with these regulations.

(2)	It is the duty of the treasurer -

(a)	to see that the proper system of accounts or accounting is established and carried out within the council Organisation;

(b)	to supervise the receipt of council revenue and as far as possible to secure its punctual collection;

(c)	to bring promptly to account, under the proper heads and subheads all money paid to or by the council or any of its officers;

(d)	to ensure the safe-keeping of all monies, stamps, securities and valuable documents;

(e)	to supervise all the officers of the council entrusted with the receipt or expenditure of public money, including accountable officers and to take precautions by the maintenance of efficient checks, including surprise inspections, against the occurrence of fraud, embezzlement or carelessness;

(f)	to supervise expenditure and other payments of the council, and to take care that no payment is made which is not covered by proper authority;

(g)	to call to the attention of the town clerk in writing any expenditures not covered by proper provision;

(h)	to prepare the accounts for audit and to prepare the financial statements returns required by these regulations;

(i)	to report to the town clerk any irregularity connected with the accounts which may require disciplinary action, or which for any other reason he considers he should report;

(j)	to report to the town clerk any failure on the part of any council officer to receive and duly account for any money received by him;

(k)	to report to the town clerk any case in which he considers that the revenue is failing into arrears;

(l)	to prepare such reports, analysis or forecasts as may be required by the council, the executive committee, town clerk or as he considers necessary for the proper management of council affairs;

(m)	to produce when required by the Auditor General or his staff or by an officer authorised by the Minister, all account books, records or vouchers in his charge, and to grant every facility for such surveys of case and stores as these officers may require;

(n)	to refer to the town clerk any matter affecting the accounts of the council which is not covered by these regulations.

DUTIES OF COUNCIL OFFICERS

3.	(1)	All council officers, whether or not they are accountable officers, are personally and may be financially responsible for the due performance of any duties described in these regulations.

(2)	If an accountable officer fails to account for or to produce any part of cash, stamps or other items of value entrusted to him or is responsible for wasteful or unauthorised expenditure, he may be liable to disciplinary action in accordance with staff regulations and may be required to make good any loss.

(3)	The responsibility of the Auditor General for examining and reporting any shortcomings in connection with the council accounts or finances does not release any officer from his responsibility for complying with instructions within his own authority.

CHAPTER 3
GENERAL RULES RELATING TO FINANCE

RECEIPTS AND PAYMENTS CASH BOOK

4.	All accountable officers are required to account for all transactions on a daily basis. All receipts and payments will be entered immediately in the cash book which will be balanced weekly against cash in hand.

CONTROL OF REVENUE

5.	No revenue may be collected or expenditure incurred other than in accordance with the approved estimates.

BANK STATEMENTS

6.	Bank statements will be obtained monthly for every council bank account. Reconciliation statements will be prepared as soon as bank statements are received.

TRIAL BALANCE

7.	A trial balance will be drawn up monthly and attached to accounts submitted to the Minister for inspection.

FINAL ACCOUNTS

8.	Final accounts will be prepared from the June trial balance and submitted to the Department of Local Government, Port Vila for audit.

LOSSES

9.	All losses of cash from whatever source will be reported immediately to the town clerk.

CHAPTER 4
PREPARATION OF ESTIMATES

ESTIMATES

10.	The preparation of draft revenue and expenditure estimates is the responsibility of the treasurer under the overall direction of the town clerk, in consultation with the council executive committee, together with such technical advice as may be requested from government Minis- tries. Preparation of draft estimates for the next following financial year should begin in February each year. The draft should be presented to the council, 4 copies of the estimates, signed by the mayor and the town clerk will be sent to the Minister for approval.

APPROVAL OF ESTIMATE BY MINISTER

11.	As soon as the Minister has approved the estimates of the council, a copy will be returned to the town clerk. It will then be used as the sole authority for incurring expenditure, until and unless supplementary estimates are approved.

SUPPLEMENTARY ESTIMATES

12.	Supplementary estimates may be passed where additional financial provision is required during the course of any year. The procedure will be the same as for estimates as outlined in regulations 10 and 11.

DELAY IN APPROVAL OF ESTIMATE

13.	In the event of a delay in the approval of estimates, the council may -

(a)	authorise expenditure on recurrent items to an amount not exceeding half that provided in the approved estimates of the preceding year; and

(b)	grant to its officers, servants and employees any normal increase of salary or wages in accordance with approved scales.

STANDARD FORM OF ESTIMATE

14.	Estimates will be prepared in the prescribed form.

ORDINARY REVENUE AND EXPENDITURE

15.	(1)	Recurrent items of revenue will include those specified in section 44 of the Act.

(2)	Ordinary items of expenditure will be divided into the following -

(a)	Personal Emoluments to provide for the payment of all salaried council staff;

(b)	Other Charges. These will include the following heads -

Travelling and subsistence
Office running costs
Telecommunications
Transport costs
Incidentals
Office equipment
Labour and rations
Tools
Electricity
Maintenance of roads
Maintenance of street lights
Allocation to capital expenditure.

Expenditure on recurrent heads will normally cease at the end of the year provided by the estimates.

EXTRAORDINARY REVENUE AND EXPENDITURE

16.	(a)	Extraordinary, items of revenue will include -

Central Government development grants
Loans
Gifts and donations from other sources
Sale of council property
Allocation of council investment funds.

(b)	Extraordinary items of expenditure will be based on priorities as decided by the council, in conjunction with Central Government departments and will include -

Road construction
Vehicles
Construction of dispensaries, clinics and hospitals
Construction of wharves, markets, other services
Construction of council offices.

(c)	Expenditure on capital projects will in some cases continue through several financial years, in which case, estimates will include provisions for capital expenditure to be carried over in respect of those projects.

FINANCIAL STATEMENT

17.	In addition to detailed estimates, a financial statement will be attached to show the estimated financial position at the end of the year to which the draft estimates relate, and such financial statement shall be in the prescribed form.

REALLOCATION FROM ONE SUBHEAD TO ANOTHER

18.	A council may, through its executive committee, and subject to the approval of the Minister reallocate up to a maximum of VT200,000 from one subhead to another:

Provided that -

(a)	the proposed expenditure subhead is an existing one in the approved estimates;

(b)	the subhead has not already been reduced by Ministerial directive.

CHAPTER 5
RECEIPTS

ISSUE OF RECEIPT AND LICENCE BOOKS

19.	The treasurer will issue receipt books only to accountable officers who will sign for them on the register of receipt books. Only 1 receipt book will be used at any one time by each duly authorised officer.

SAFE CUSTODY OF RECEIPT AND LICENCE BOOKS

20.	All receipt books must be safely locked up when not in use. Books will be used in serial number order, and used books must be stored securely until audited.

ISSUE OF RECEIPTS

21.	(a)	An official receipt must be given for every sum of money received, including cheques. These receipts will be written in triplicate and numbered consecutively.

(b)	The 3 copies of the receipt will be disposed of as follows- Original will be given to the payee as evidence of payment;

Duplicate will be included in the monthly accounts sent to Local Government Department, Port Vila;

Triplicate will remain in the book.

CANCELLED RECEIPTS AND LICENCES

22.	If a mistake is made when writing out a receipt, all 3 copies will be clearly marked "CANCELLED". The number of the cancelled receipt will be written in the cash book and the word "Cancelled" written in the "Amount" column. The original will be left in the book and duplicate will be forwarded with the monthly accounts in the case of treasurer.

ISSUE OF LICENCES

23.	Where a receipt is issued in respect of money received for a licence, the officer will also issue a licence in the prescribed form. Providing that receipt of such payment falls within the authority of the council as laid down in the Schedule to the Act.

REVENUE COLLECTOR'S CASH BOOK

24.	Every revenue collector will keep a revenue collectors cash book into which all receipts will be entered without delay. He will check the book balance against cash in hand at the end of every working week. Payments into the treasury will be supported by the top sheet of the revenue collectors cash book and duplicate receipts.

APPOINTMENT OF REVENUE COLLECTORS

25.	The town clerk may appoint such number of revenue collectors as he shall see fit, and such appointment shall be in writing and upon such terms and conditions as approved by the council.

PAYMENTS OF REVENUE TO TREASURY

26.	The treasurer shall fix dates at intervals not exceeding 1 month, on which revenue collectors will account to him for their collections. In fixing this interval he will take into account the number of transactions, the amount of money collected, facilities available to the revenue collectors for the safe custody of the cash and the travelling time involved.

FAILURE TO PAY IN REVENUE

27.	If a revenue collector fails to pay in revenue or produce his accounts on the appointed day, the treasurer shall -

(a)	report such failure to the town clerk; and

(b)	arrange for a cash survey and inspection of the records to be carried out as soon as possible.

NOTICE TO THE PUBLIC

28.	A notice in English, French and Bislama shall be displayed in every council office to the effect that a numbered official receipt must be obtained for every sum of money paid to the council.

MASTER REGISTER

29.	The treasurer shall maintain a master register of all persons liable to pay basic rate.

REGISTER OF THOSE LIABLE TO PAY FEES AND LICENCES

30.	The treasurer shall also compile and maintain a register of all persons and organisations liable to pay such other appropriate fees or charges, and will issue official request forms to debtors where appropriate.

LOSS OF REVENUE THROUGH NEGLECT ETC.

31.	If revenue is lost or becomes uncollectable through the neglect or default of any officer, he will be liable to be surcharged with the amount.

CHAPTER 6
PAYMENTS

PAYMENTS TO BE MADE BY TREASURER

32.	Payments of council money will normally only be made by the treasurer. In special circumstances which prevent the treasurer from making particular payments, imprests may be issued to other council officers.

PAYMENTS TO BE MADE WITHIN YEAR COMMITMENT WAS INCURRED

33.	Expenditure must as far as possible be made within the year in which the commitment was incurred. Payments may not be made before they are due.

PAYMENT VOUCHERS

34.	(a)	Payments will only be made on the approved form.

(b)	Payment vouchers will be numbered serially from 1 upwards each month in order of payment.

(c)	The 3 copies of the payment voucher will be disposed of as follows -

Original will be included in the monthly accounts sent to Local Government Department, Port Vila;

Duplicate will be given to the payee as evidence of payment;

Triplicate will be filed in the council's records.

(d)	All payment vouchers will contain full particulars of the payment such as a description of the goods or services, dates, numbers, quantities, distances and rates to enable them to be checked without reference to any other document; and where necessary, they will be supported by the originals of any relevant documents.

(e)	The box on the payment voucher must be completed to indicate that an entry has been taken in charge where this is applicable.

(f)	Payment vouchers for the supply of stores and for works and services falling under Chapter 19 of these regulations, must be supported by the originals of documents such as invoices, local purchase orders, or supplier's statements of accounts where a running account is maintained.

CERTIFICATE AS TO ACCURACY OF DETAILS ON PAYMENT VOUCHER

35.	(1)	The officer who signs a payment voucher certifies to the accuracy of every detail on the voucher; he will therefore be held responsible in the event of incorrect payment being made and may be surcharged.

(2)	Before signing a payment voucher the authorising officer must ensure that-

(a)	the payment has not already been made;

(b)	he has authority to sign against the head and subheads to which the voucher is allocated;

(c)	sufficient funds are available to cover the payment;

(d)	the goods have been received or the services have been carried out and that the rates charged are what has been agreed or are fair and reasonable.

RECEIPT FROM SUPPLIER

36.	A receipt must be obtained from the supplier when payment is made to him either by his signature on the payment voucher or by his official receipt, which must be attached to the payment voucher.

RECOVERIES FROM PAYMENTS

37.	Advances or any other sums which are recovered from payments must be clearly shown on the payment voucher as a deduction. The gross amount will be entered in the cash book as a payment and the deduction will be accounted for on a revenue receipt and also entered in the cash book.

VOUCHERS TO BE SIGNED

38.	Payment vouchers must be signed by the treasurer and countersigned by the town clerk, or in his absence, a member of the executive committee.

CHAPTER 7
PERSONAL EMOLUMENTS

SALARIES CHARGED TO PERSONAL EMOLUMENTS SUBHEAD

39.	Personal emoluments are salaries paid to officers appointed to the service of the council and for which provision is made under the personal emoluments subhead of the estimates. Salary payments to public officers posted or seconded to councils will be made through the Central Government salaries system.

SALARIES PAYABLE MONTHLY

40.	Salaries are quoted on a yearly basis. They are payable in calendar monthly instalments, at one twelfth of the annual rate. Payments for a broken period will be calculated pro rata to the number of days in that month. Salaries are due on the last working day of the month.

ADVANCES OF SALARIES

41.	Salaries may be drawn in advance only when approved in accordance with Chapter 11 of these regulations.

SALARIES RECORD CARD

42.	The treasurer shall maintain a salary record card for each member of the council staff. The information required on the personal record sheet will be entered promptly, and will include an officer's salary progression and record of deductions. It is important that these records be carefully preserved.

SALARIES TO BE PAID UNTIL DISMISSED

43.	The salary of an officer dismissed or whose appointment has been terminated will be paid up to and including the day prior to dismissal.

SALARIES OF OFFICER ON INTERDICTION

44.	The salary of an officer interdicted will be governed by the provisions of the councils staff regulations.

BALANCE OF SALARY DUE TO OFFICER CONVICTED OF MISAPPROPRIATION

45.	Any balance of salary or any other monies whatsoever which may fall due to an officer who is convicted for misappropriation of council funds or property must not be paid without the prior authority of the town clerk.

CHAPTER 8
CASH BOOK

FORM OF CASH BOOK

46.	The cash book will be written in ballpoint pen in duplicate.

ENTRIES IN CASH BOOK

47.	Receipts and payments will be written in the cash book as soon as possible after they are received or made.

DETAILS OF RECEIPTS IN CASH BOOKS

48.	Details of all monies received will be written on the receipts side of the cash book, 1 line being given to each separate receipt voucher. However where the treasurer issues a main receipt to cover submissions from other revenue collectors only the main receipt will be entered in the cash book.

DETAILS OF PAYMENTS IN CASH BOOK

49.	Details of all monies paid out will be written on the payments side of the cash book 1 line being given to each separate voucher.

REMITTANCES OF CASH

50.	Remittances of cash to or from council headquarters will be treated in exactly the same way as any other payments or receipts. Vouchers will be prepared and entered in the cash book in the normal way.

BALANCING OF CASH BOOK

51.	The cash book will be added up and the balance agreed with the cash on hand at the end of every working week. That is, to add up the total receipts, deduct the total payments and agree the balance with the cash on hand.

BALANCE AND CASH ON HAND

52.	If the balance agrees with the cash on hand no further action is required, until the last working day of the month.

DIFFERENCE BETWEEN CASH BOOK AND CASH ON HAND, FURTHER ACTION

53.	If there is a difference between the cash book and the actual cash on hand the difference will be corrected as follows -

(a)	if the total cash is more than the balance figure a receipt voucher will be made out for the difference and entered in the cash book; the allocation will be "Deposits Surplus Cash";

(b)	if the total cash is less than the balance figure a payment voucher will be made out for the difference and entered in the cash book; the allocation will be "Advances" in the name of the treasurer; if the deficit is more than VT2,000 it will be reported to the local government headquarters as soon as possible;

(c)	once either the provisions of paragraphs (a) or (b) have been complied with, the balance figure should then agree with the cash held.

CERTIFICATION AS TO BALANCE OF CASH BOOK

54.	On the last working day of each month -

(a)	the cash book will be balanced off;

(b)	the cash book will then be ruled off and an entry made at the foot of the receipts side as follows -

Total receipts for the month
...........................................

Total payments for the month 
...........................................

Cash book balance
...........................................

"I certify that I have counted the cash and it amounts to
..............................................................…………………
which agreed with the cash book balance".

................................................................
Town Clerk/Acting Town Clerk

this figure is then carried forward to a new page in the cash book and will be the opening balance for the next month;

(c)	originals of all payment vouchers and duplicates of all receipts will be attached to the top copies of the cash book and forwarded to local government headquarters as soon as possible together with any explanatory notes and supporting documents necessary to give full explanation of the months transactions; these accounts will be inspected and returned to the treasurer together with any recommendations, amendments, or corrections to be implemented.

CHAPTER 9
BANK ACCOUNTS

AUTHORITY FOR OPENING BANK ACCOUNTS

55.	A council may open a bank account at such bank as the Minister may approve after consultation with the Minister responsible for finance. The town clerk will be responsible for supplying to the bank specimen signatures for authorised operators of the account. Bank accounts shall not be overdrawn without the prior approval of the Minister.

SIGNING OF CHEQUES

56.	All cheques drawn against a council bank account must be signed by two persons one of whom will be either the town clerk or the treasurer and one either the mayor or deputy mayor.

CHEQUES TO BE ACCOMPANIED BY PAYMENT VOUCHER

57.	All payments by cheque must be accompanied by a payment voucher in accordance with these regulations and entered in the cash book under the bank column.

ENTRIES IN CASH BOOK FOR CHEQUES RECEIVED

58.	Cheques received for the credit of council accounts should be made payable to the council by name and will be receipted in the normal way and entered in the cash book.

PAYMENT INTO COUNCIL BANK ACCOUNT

59.	When the treasurer makes a payment into a council bank account he will prepare a bank credit slip in duplicate which will clearly show a full analysis of the remittance. The original will be despatched with the remittance to the bank, and the duplicate attached to the payment voucher. This will require a double entry in the cash book under bank (debit) and cash (credit) columns.

DISHONOURED CHEQUES

60.	Any cheque rejected by a bank will be treated as dishonoured. The treasurer to whom the cheque is returned by the bank will prepare a payment voucher for the amount of the cheque and charge it to advances (name of the drawer). If the cheque was paid in by a revenue collector he must be informed promptly. All amounts received in respect of the rejected cheque shall be credited to the advance account. Where a cheque is rejected by a bank, the treasurer will contact the drawer without delay and request him to make good the amount of the cheque.

RECONCILIATION OF CASH BOOK

61.	The treasurer will reconcile his cash book with the bank statement at the close of each month. This is done by comparing the bank statement with the cash book for the same period, and ticking off all entries which appear in both. Where any items remain unticked they will be listed and bank reconciliation prepared. A duplicate of this reconciliation should whenever possible be forwarded with monthly accounts. The original will be filed with the bank statement for the period. Items from the bank statement not entered in the cash book should be accounted for by receipt or payment voucher and entered in the cash book immediately.

CHAPTER 10
DEPOSITS

ACCEPTANCE OF DEPOSITS

62.	Any monies deposited in the treasury shall be credited to a deposit account approved by the treasurer.

DEPOSIT ACCOUNTS

63.	Deposit accounts may be opened to account for -

(a)	any funds which do not belong to the council, for example, rates on behalf of other councils;

(b)	unclaimed wages, or deductions from salary to be paid to a third party;

(c)	surplus amounts on the weekly cash book balance;

(d)	any monies which for some reason cannot be dealt with immediately for example, money received in the mail without supporting information;

(e)	funds collected or received on behalf of the central Government.

DETAILS OF DEPOSITS

64.	A normal receipt will be issued for deposits, giving as much detail as possible to assist in clearing the deposit at a later date.

PAYMENT ON DEPOSIT

65.	A normal payment voucher will be raised when paying out an amount placed on deposit, supported, if possible, by the original receipt.

DETAILS OF DEPOSIT ACCOUNT TO BE ENTERED IN LEDGER

66.	Each deposit account will be named and details entered on a separate page in the ledger.

BALANCES ON DEPOSIT ACCOUNTS

67.	The balances on deposit accounts must be paid over to those to whom they are due at the first opportunity. If after the treasurer has taken all reasonable steps to clear them it appears that any amounts are unlikely to be cleared, the matter should be referred to the Minister for disposal instructions.

CHAPTER 11
ADVANCES

ADVANCES

68.	The town clerk may authorise the treasurer to make advances -

(a)	to council officers (but not public officers posted or seconded to councils) for such purposes and under such terms and conditions as may be provided for from time to time in council staff instructions;

(b)	to meet expenditure for which finance has definitely been obtained, in anticipation of it becoming available;

(c)	on behalf of, and recoverable from, other councils or central Government.

DETAILS OF ADVANCES

69.	A normal payment voucher will be issued for any payment of this kind giving as much detail as possible to assist in recovering the advance at a later date.

RECEIPT FOR REPAYMENTS

70.	A normal receipt will be issued for any repayment of advances to the council.

ADVANCE ACCOUNT

71.	Each advance account will be named and details entered on a separate page in the ledger.

RECOVERY OF ADVANCES

72.	The treasurer will be responsible for the recovery of all advances in accordance with terms specified at the time each advance was made.

CHAPTER 12
IMPRESTS

IMPRESTS

73.	An imprest is a sum of money issued to a council officer to make such payments which cannot be conveniently made at the treasury.

TYPES OF IMPRESTS

74.	There are 2 types of imprest -

(a)	standing imprests which are normally issued for the duration of a financial year and may be given to an officer or an individual;

(b)	special imprests which are issued to individual officers for a particular purpose, such as the payment of salaries by a touring officer.

REGISTER OF IMPRESTS

75.	Imprests will be issued and renewed as directed by the treasurer, who will keep a register of all imprests.

RECORDS OF IMPRESTS

76.	Standing imprest holders will keep a proper record of all payments for subsequent periodic inspection and replenishment by the treasurer. Special imprest holders will whenever possible be issued with payment vouchers to cover the full amount of the cash advanced.

IMPRESTS FOR SPECIFIC PURPOSE(S)

77.	Imprests may only be used for the purpose for which they are issued, and are the full responsibility of the holder until payment vouchers have been examined and found correct.

RECEIPTS FOR IMPRESTS

78.	Imprests must be retired at the office where they were issued. Payment vouchers and/or cash for the full amount of the imprest must be produced. A receipt will be given for the total amount of the imprest.

SEPARATE ACCOUNT IN LEDGER

78.	A separate account for each imprest holder will be maintained on the ledger.

CHAPTER 13
LEDGER FORM OF LEDGER

80.	The ledger will be in the approved form and a new ledger will be opened for each council on 1 July in each year.

PROVISIONS OF LEDGER

81.	A page will be reserved in the ledger for the following -

Each subhead of revenue
Each subhead of expenditure
Each advance account including imprests
Each deposit account Remittances
Surplus account

DETAILS TO BE INCLUDED IN LEDGER

82.	At the top of each ledger page will be written the details of the head and subhead; the amount allocated to that subhead in the approved estimates will be written at the top of the right-hand side of the page. Payments (which are DEBITS to expenditure) will be written in the left-hand columns, and receipts (which are CREDITS to revenue) will be written in the right-hand columns.

SEPARATE LEDGERS FOR REVENUES AND EXPENDITURES

83.	Separate ledgers will be kept to record revenue and expenditure on each item for which a separate estimate is identified in the approved budget for the year concerned. TIC accounts for the items in the ledger should appear in the same order as the items appear in the approved estimates.

ENTRIES IN LEDGER

84.	At the beginning of the year, the opening entries in the ledger will normally be -

(a)	in the left-hand columns -

any balance figures remaining on any of the previous year's advance accounts;

(b)	in the right-hand columns -

the balance figure remaining in the previous year's surplus account;
any balance figures remaining on any of the previous year's deposit accounts.

DETAILS TO BE INCLUDED IN VOUCHER

85.	The treasurer will enter details of the vouchers for every month as follows -

(a)	receipt vouchers' amounts and details will be written on the right-hand column according to head and subhead;

(b)	payment vouchers' net amounts payable and the details of payments for goods or services will be written on the left-hand column, according to head and subhead.

VOUCHERS COVERING REMITTANCE

86.	Vouchers covering remittances of cash to or from council headquarters will be checked by the treasurer, and entered in the ledger.

CHAPTER 14
ADJUSTMENTS

ADJUSTMENTS BETWEEN ACCOUNTS

87.	An adjustment voucher is used when it is necessary to transfer amounts from one account to another, e.g. correction of accounting errors, transferring sums from below the line accounts (advances, deposits etc.) to either revenue or expenditure.

INFORMATION ON ADJUSTMENT VOUCHERS

88.	An adjustment voucher must clearly state the reason for the transfer and must provide the following or any other relevant information -

(a)	full reference to the original entry in the accounts of the debit or credit being adjusted;

(b)	a reference to or a copy of, any special authority or other supporting correspondence.

COPY TO MINISTRY

89.	A copy of each adjustment voucher must be forwarded to local government headquarters with the monthly accounts.

CHAPTER 15
TRIAL BALANCE

TRIAL BALANCE

90.	A trial balance will be completed monthly and a copy forwarded with the monthly returns to local government headquarters.

TRIAL BALANCE HOW MADE

91.	Each account in the ledger will be balanced off and the balance entered on the trial balance form, together with the cash in hand and the bank account balance. The 2 columns will then be added up to check that the totals are the same.

ERRORS IN TRIAL BALANCE

92.	If the trial balance in any month is incorrect, it is the responsibility of the treasurer to check all cash book entries and ledger postings to locate the error.

CHAPTER 16
FINAL ACCOUNTS

FINAL ACCOUNTS

93.	The June trial balance will be used in the preparation of the final accounts.

FORM OF STATEMENT OF ACTUAL REVENUE

94.	A statement of actual revenue collected will be prepared by entering the balance figures from the revenue accounts in the ledger.

FORM OF STATEMENT OF ACTUAL EXPENDITURE

95.	A statement of actual expenditure incurred will be prepared by entering the balance figures from the expenditure accounts in the ledger.

TOTAL AMOUNTS OF EXPENDITURE AND REVENUE

96	The total amounts of actual expenditure and actual revenue will be entered in the surplus account.

STATEMENT OF LEDGER BALANCES

97.	A statement of ledger balances will be prepared. The total "debit" column must equal the total "credit" column to confirm that the complete accounts are correct.

FINAL ACCOUNTS

98.	The final accounts of the council will therefore comprise-

Statement of actual revenue collected;
Statement of actual expenditure incurred;
Surplus account;
Statement of ledger balances.

FINAL ACCOUNTS AND OTHER DOCUMENTS TO BE FORWARDED TO AUDITOR

99.	The town clerk shall -

(a)	produce to the auditor within 3 months of the conclusion of the year to which they relate the final accounts of the council, together with all books of accounts and other documents as required by section 55 of the Act; and

(b)	make available to the auditor all necessary facilities for the auditing of the council's accounts.

SECRETARY TO LAY AUDITOR'S REPORT BEFORE COUNCIL

100.	The town clerk shall -

(a)	within 30 days of the receipt of the auditor's report on the accounts of the council for any year submit the accounts together with such reports to the Minister; and

(b)	lay the accounts together with the auditor's report thereon before the council in accordance with section 55(6) of the Act.

CHAPTER 17
CUSTODY OF COUNCIL MONEY

SECURITY OF CASH ETC.

101.	(1)	All cash, cheques, stamps, receipt and security books and other documents of value received by council officers must be held in a safe or strong room.

(2)	Except when on tour when a cash box is used for convenience, it must be deposited in a strong room or safe outside working hours or during the treasurer's absence from the office.

SAFE CUSTODY OF KEYS

102.	An officer holding the key of a council strong room, safe or other container for cash is personally responsible for its safe custody except that when it is officially handed over to another officer the key must not leave his personal possession.

LOSS OF KEYS

103.	(1)	The loss of any safe or cash box key must be reported immediately to the treasurer and the town clerk who will advise the Minister accordingly.

(2)	Maximum security precautions must be put into effect until the safe or cash box has been opened and the contents removed. The duplicate key will be obtained only to open the safe or cash box for removal and verification of the contents, and may not therefore be used until the lock has been altered and new keys provided. The work will be carried out by the Public Works Department and in no circumstances may any other agency undertake the cutting of safe keys or the altering of locks.

(3)	The officer responsible for losing the key of a council safe or cash box will usually be called upon to meet the cost of altering the lock or the provision of new keys at the discretion of the Minister.

(4)	If a key holder suspects that the keys or locks of a safe or cash box have been interfered with, he must take action as if the key had been lost.

HANDING OVER CASH, STAMPS, KEYS ETC.

104.	(1)	On each occasion on which cash, stamps, receipts books, safes and cash boxes are handed over from one officer to another a handing over statement should be prepared, signed by both officers and forwarded to the town clerk with a copy to the Minister.

(2)	When handing over to another officer cash and stamps will be checked in full, and receipt and security books will be checked against the receipt book register.

(3)	The balances on hand will be recorded in the handing over statements and the cash book and register will be signed by both officers handing and taking over. Any discrepancies must be reported to the town clerk.

(4)	All keys of strong rooms, safes and cash boxes handed over should also be recorded in the handing over statement.

REGISTER OF MONEY RECEIVED THROUGH THE POST

105.	Where possible, all mail shall be opened by a responsible officer in the presence of another officer. Neither officer should be responsible for the issue of receipts. All money received, in whatever form, will be recorded in a register, and the officer responsible for issuing receipts shall sign in the register for all money passed to him, and insert the receipt number.

CHAPTER 18
LOSSES OF COUNCIL FUNDS

DEFINITION

106.	This chapter lays down the procedure for dealing with losses of funds, that is to say cash, cheques, postal money orders, stamps and any other negotiable documents of monetary value. The procedure for dealing with losses of stores will be prescribed in Stores Instructions. Where a loss involves both funds and stores the procedure laid down in this chapter will be followed.

MINOR LOSSES

107.	Minor losses of up to VT1,000 will be made good immediately by the responsible officer. If money cannot be immediately refunded, it will be charged to an advance account in accordance with regulations.

ACTION BY TREASURER

108.	In the case of all other shortages or losses action will be taken by the treasurer as follows -

(a)	if the matter has been reported by a revenue collector, he will take immediate steps to ascertain the details of the loss;

(b)	he will immediately report to the town clerk;

(c)	he will immediately report to the Police if there is any possibility of fraud or theft;

(d)	he will as soon as possible send a detailed written report to the Minister.

REPORT NOT TO BE WITHHELD

109.	It is not within the discretion of any officer to withhold a report of any cash in which the theft, fraud or misuse of council funds is known or suspected, even if the money has been repaid, not will a report be delayed so that the money can be repaid.

EXECUTIVE COMMITTEE TO EXAMINE EVIDENCE

110.	The town clerk will arrange for the executive committee of the council as soon as possible to examine the evidence and reports submitted, with a view to sending written recommendations to the Minister for write off or recovery of all or part of the loss from the officers responsible.

ACTION BY MINISTER

111.	Following a report to the Minister of any loss of council funds or property, the Minister may -

(a)	decide whether or not the loss should be written off and all or part of it recovered from the officers responsible; and

(b)	inform the town clerk and the Auditor General of his decision; or

(c)	convene a board of enquiry to conduct appropriate investigation into the matter before he gives his decision.

BOARD OF ENQUIRY

112.	A board of enquiry shall consist of three Government officers including the chairman who must be a senior officer from a department other than the Local Government Department. It will meet as soon as possible to examine the evidence and will submit a report which must include -

(a)	the amount of the loss;

(b)	an opinion as to whether the system was at fault, with suggestions as to any possible remedy;

(c)	a recommendation as to the degree of responsibility of an officer involved.

ACTION ON REPORT

113.	On receipt of such a report, the Minister will inform the town clerk of its findings and specify action to be taken.

EX-GRATIA PAYMENTS

114.	(1)	Ex-gratia payments may only be made with the prior approval of the Minister. They are made in exceptional circumstances and after reference to the Attorney General. Ex-gratia payments include the following -

(a)	compensation payments made to claimants who allege that damage or injury has been caused to them by the council or its servants;

(b)	extra contractual and ex-gratia payments to contractors;

(c)	other ex-gratia payments as approved by the council.

(2)	Before payment is made of any claim, which is being settled on an ex-gratia basis, an acknowledgement will be detained from the claimant that the sum approved for payment is in full and formal settlement of the claim.

(3)	All ex-gratia payments will be recorded in the councils accounts in the annual statement of losses.

MINISTER'S POWERS OF WRITE-OFF

115.	(1)	The Minister has power to write-off losses of cash in each case as follows-

(a)	in the case of all abandoned claims VT50,000;

(b)	in the case of council money, stores or other movable property VT50,000.

(2)	Losses in excess of the amounts laid down in subregulation (1) will be reported by the Minister to the Council of Ministers, with his recommendations.

CHAPTER 19
PAYMENT OF WORKS AND SERVICES

USE OF LOCAL PURCHASE ORDER

116.	(1)	A local purchase order will be used -

(a)	where the cost of a specific work or service is less than VT20,000; or

(b)	for all sea/air passages and freight charges within Vanuatu; or

(c)	for the hire of all land transport; or

(d)	for the payment of hotel costs for officers on tour;

except that in circumstances where a cash payment is more practical than the issue of a local purchase order, these requirements may be waived.

(2)	The local purchase order shall be in the prescribed form.

EXTRAORDINARY EXPENDITURE

117.	Specific items that appear in the approved estimates for extraordinary expenditure up to the value of VT100,000 may be requisitioned by a local purchase order.

FORMAL CONTRACT WITH SUPPLIER

118.	The purchase of any works and services other than those laid down in regulation 116 and 117 will be made by formal contract with the supplier, and will be subject to approval by the Minister.

AUTHORISED SIGNATURE

119.	The town clerk or in his absence, the treasurer will be authorised to sign local purchase orders.

PURCHASE ORDER LISTED AS COMMITMENT

120.	The issue of a local purchase order is an expenditure commitment which must be monitored closely by the treasurer. Every local purchase order will be listed on a commitment form, to be cleared only when the order is returned with the invoice for payment, and entered in the cash book and ledger.

COPY WITH MONTHLY ACCOUNTS

121.	The treasurer will attach a copy of outstanding commitments to the monthly accounts and will at all times ensure that commitments do not exceed the approved estimate for expenditure on any sub-head.

CHAPTER 20
MISCELLANEOUS

RESTRICTION ON USE OF GREEN INK

122.	The use of green ink or pencil on accounting records is restricted to members of the audit department.

ALTERATIONS IN CASH BOOKS OR VOUCHERS

123.	Any alterations in any cash books or vouchers must be initialled by the responsible officer.

FORMS TO BE MADE AVAILABLE

124.	The Minister or any officer duly authorised by him shall prescribe the forms as specified in these regulations.

COUNCIL TO RETAIN ORIGINALS AND COPIES OF FINANCIAL TRANSACTIONS

125.	Originals and copies of receipts and vouchers may be destroyed 3 years after they are used provided that they have been audited and there are no queries outstanding. Principal account books will be retained indefinitely at council headquarters.

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