URBAN COUNCILS ACT Chapter 29:15 6 Provisions relating to establishment, alteration or abolition of local government areas and local boards (1) Whenever the President considers it desirable he may, subject to this Act, by proclamation in the Gazette, after any local authority concerned has been consulted, declare any area which is not within a local authority area to be a local government area and shall assign a name to that area. (2) Where a local government area has been or is being declared, the President may, subject to this Act, by proclamation in the Gazette, after any local authority concerned has been consulted— (a) establish a local board for that area and shall assign a name to that board; (b) alter the name of the local government area or name of the local board; (c) alter the boundaries of the local government area by adding thereto and additionally, or alternatively, subtracting therefrom any area, determine any question arising from the addition or subtraction of such area and redefine the local government area; (d) abolish the local government area or the local board established for that area. (3) The President shall not exercise any power referred to in paragraph (b), (c) or (d) of subsection (2) in relation to a local government area for which a local board has been established, except with the consent of that local board. (4) Where a local board is being established for a local government area the Minister shall issue a warrant in which he— (a) shall specify the number of members who shall constitute the local board; (b) shall specify that some or all of the members of the local board shall be— (i) appointed by the Minister and shall hold office at his pleasure; or (ii) elected in accordance with such provisions as may be prescribed; [Subparagraph as amended by s. 18 of Act No. 21 of 1997.] (c) … [Paragraph repealed by s. 18 of Act No. 21 of 1997.] (d) may direct that the local board be deemed to be a council for the purposes of any of the provisions of this Act or the Electoral Act [Chapter 2:01] and in such event the area for which it has been established shall be deemed to be a council area; [Paragraph as amended by s. 18 of Act No. 21 of 1997.] (e) may confer or impose on that local board all or any of the powers, privileges, duties or responsibilities conferred or imposed on a council by or in terms of this Act and shall specify in the warrant, subject to such restrictions or modifications as he thinks fit, the provisions of this Act or regulations made thereunder which shall apply to that local board and that local government area for which it has been established; (f) where a rate is to be levied, may specify that a rate, to be assessed on units of land or otherwise and payable in such manner as may be specified by the Minister, shall be levied on owners or occupiers or that different rates so assessed shall be levied on different classes of owners or occupiers. (5) A local board established in terms of subsection (2) shall be a body corporate with perpetual succession and shall be capable of suing and being sued and generally of doing, suffering and performing such acts and things as, in terms of the warrant issued in terms of subsection (4), have been conferred upon that local board and, notwithstanding anything to the contrary contained in any other law, where any other law confers powers on the local board, such powers may only be exercised if the local board has been authorized by a warrant in terms of subsection (4) to exercise such powers. (6) The Minister may, at any time after the establishment of a local board, alter the warrant relating thereto at the request or with the consent of the local board. (7) Where in any Act functions are conferred or imposed on a town council, the Minister, after consultation with the appropriate Minister responsible for the administration of such Act, may, by statutory instrument, declare that a local board specified in such notice shall be regarded as a town council for the purposes of such Act and that such Act and any statutory instrument made thereunder shall accordingly apply, mutatis mutandis, in relation to that local 15

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