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Tuvalu Sessional Legislation |
TUVALU
FALEKAUPULE
ACT 1997
(Act 8 of 1997)
ARRANGEMENT OF SECTIONS
Sections
Part I - Preliminary
1.
Short title and commencement
2.
Interpretation
3. Application of
Act
Part II - Establishment of Falekaupule and Kaupule
4.
Establishment of Falekaupule
5.
Establishment of Kaupule
6.
Incorporation of Kaupule
7. Kaupule
seal
Part III - Composition of Kaupule
8.
Election of Kaupule members
9.
Qualifications of Kaupule members
10.
Term of office of Kaupule members
11.
Tenure of office of Kaupule
members
12. Decision on questions as
to membership
13. Filling of vacancies
of members
14. Qualification of
voters
15. Disqualification of
voters
16. Regulation of
elections
17. First
elections
18. Election of Pule o
Kaupule
19. Functions of Pule o
Kaupule
20. Notification of names of
members
Part IV - Meetings and proceedings of Kaupule
21.
Number of meetings
22. Convening of
meetings
23. Presiding at
meetings
24.
Quorum
25. Conduct of
meetings
26. Decisions on
questions
27. Breaches of order at
meeting
28. Minutes of
meetings
29. Minutes to be open for
inspection
30. Vacancy etc. not to
invalidate proceedings
31. Standing
orders
32. Payment of allowances
33. Pecuniary
interest
34. Attendance of
non-members
35. Appointment of
committees
36. Standing
committees
37. Standing orders for
committees
38. Committees to
report
Part V - Functions of Falekaupule and Kaupule
39.
Duty to discharge functions
40.
Functions
41. Prevention of
crime
42. Power to accept
gifts
43.
Fees
44. Remission of fees
etc
45. Power to
contract
46.
Insurance
47. Provision of
buildings
48. Acquisition of
land
49. Powers of public
officers
50. Power to enforce
functions
51. Expenses in respect of
transferred functions
52. Powers in
emergency
Part VI - Bye-laws
53.
Bye-laws; general provisions
54.
Method of making bye-laws
55.
Publication of bye-laws
56. Evidence
of bye-laws
Part VII - Financial provisions and audit
57.
Establishment of statutory funds
58.
Statutory revenues
59. Statutory
expenditure
60. Method of making
budget
61. Submission of statement of
income and expenditure
62. Budget
preparation
63. Committee on Budget
and Appropriations
64. Authorisation
of budget
65. Supplementary
budget
66. Failure to pass
budget
67. Power to borrow
money
68.
Overdrafts
69. Power to lend
money
70. Investment of
funds
71. Accounts to be
kept
72. Financial
guidelines
73. Access to records of
Kaupule
74. Audits of
accounts
75. Transmission of reports
etc.
76. Power and duties of
Auditor-General
77. Special relief for
officers and servants
78.
Auditor-General may take evidence
79.
Payment of sums certified to be
due
80. Recovery of sums certified to
be due
81. Appeals against decisions
of Auditor-General
82. Publication of
report of Auditor-General
Part VIII - Community Development Tax and other Rates
83.
Rating authority
84. Types of
rates
85. Duty to make
rate
86. Rating
regulations
87. Payment of
rates
88. Exemption from and remission
of rates
89. Claim for amount of
rate
90. Evidence of
rate
91. Penalty for refusal to pay
rates and wilful misrepresentation
92.
Penalty for inciting a person to refuse to pay
rates
93. Penalty for unauthorised
collection of rates
94. Duty to give
information
95. Rate
collectors
96. Offences by rate
collectors
97. Assessment
committees
98. Legal
proceedings
Part IX - Officers and staff of Kaupule
99.
Appointed officers
100. Other
staff
101. Procedure for
appointments
102. Appointment of
seconded public officers
103. Joint
appointments and employment
104.
Status of Kaupule officers and
employees
105. Interest of officer in
contract
106. Accountability of
officers
107. Powers of interdiction
and dismissal
108.
Salaries
109. Staff
Guidelines
110, Protection of Kaupule
members, officers and employees
Part X - Legal Provisions
111.
Notice of action to be given by
plaintiff
112. Limitation of action
against Kaupule
113. Appearance of
Kaupule in legal proceedings
114. Mode
of service on Kaupule
115. Description
of property
116. Name of Kaupule need
not be proved
117. Onus of proof in
certain cases
118. Powers of
entry
119. Publication of
notices
120. Authentication and
execution of documents
Part XI - Miscellaneous
121.
Falekaupule Assembly
122. Local
Development Plan
123. Determination of
domicile and age
124. Transfer of
powers of public officers to
Kaupule
125. Procedure for
consultation
126. Obstruction of
officers etc.
127. Penalty for
unqualified person sitting or
voting
128. General
penalty
129. Regulations applying
within Falekaupule area
130. Crown
rights
131. Repeal and
saving
SCHEDULES
Schedule
1 - Falekaupule
Schedule 2 - Common
seals of Kaupule
Schedule 3 -
Functions of Falekaupule
------------------------------------------------------
FALEKAUPULE
ACT 1997
(Act No 8 of 97)
I assent
Sir
Tulaga Manuella GCMG
MBE
GOVERNOR-GENERAL
Dated the 30th December, 1997
AN
ACT to make provision for Falekaupule and
Kaupule and for connected purposes.
ENACTED by the Parliament of Tuvalu -
PART 1
PRELIMINARY
Short title
and
commencement
1.
(1) This Act may be cited as the
Falekaupule Act 1997.
(2) This Act
shall come into force on such date or dates as the Minister may by notice
appoint.
(3) The Minister may by
one or more notices appoint different dates for the coming into force of
different provisions of this
Act.
Interpretation
2.
(1) In this Act, unless the context
otherwise requires-
"Aganu" means the traditional local customs and usages of an island:
"bye-laws" means bye-laws made under Part V1 of this Act:
"committee" includes a committee appointed by a Kaupule under section 35, a committee established under section 36 and any sub-committee ;
"Committee on Budget and Appropriations" means a committee of that name appointed under section 36(1);
"court" means a court having jurisdiction to hear the matter in question;
"Failautusi ote Kaupule" means a person appointed as a Kaupule Secretary under section 99;
"Falekaupule" means –
a) the traditional assembly in each island of Tuvalu which, subject to this Act, is composed in accordance with the Aganu of each island; and
b) a Falekaupule established by section 4(l);
"Falekaupule area" means the area of authority of a Falekaupule as specified in Schedule 1, and in relation to a Kaupule means the area of authority of the Falekaupule on the island where the Kaupule is constituted,
"Falekaupule Assembly" means an assembly convened under section 121;
"Falekaupule building" includes an "Ahiga", a "Maneapa" and a "Tausoa" and means the community meeting house on each island where the Falekaupule meets in accordance with the Aganu of that island;
"financial year" means the period from 1st April in one calendar year to 31 st March in the following calendar year;
"Kaupule" means a Kaupule constituted under section 5;
"Kaupule office" means the office premises of the Kaupule on each island;
"local development plan" means the plan described in section 122;
"Minister" means the Minister of Government responsible for the administration of this Act, except that in Schedule 3 it means the Minister having responsibility for the subject-matter of the relevant function;
"Ofisa Ten Tupe" means the person appointed as Kaupule Treasurer under section 99;
"person entitled to vote in the Falekaupule" means a person who is so entitled according to the Aganu of the respective island;
"Pule o Kaupule" means the person elected to preside over a Kaupule under section 18,
"rate" means a community development tax or other rate levied under Part VIII;
"resident" in relation to a Falekaupule area means, subject to subsection (2), a person who ordinarily resides in that area;
"registered voter" means a person registered as a voter under section 14,
"Staff Guidelines" means guidelines issued by the Minister under section 109,
"standing orders" means standing orders of a Kaupule made under section 31;
"statutory functions" in relation to a Falekaupule or a Kaupule means functions conferred by this or any other Act on Falekaupule; Kaupule and local government councils:
"Tokolua Pule o Kaupule" means a person appointed as deputy to a Pule o Kaupule under section 18(2);
"Ulu Aliki" includes a "Tupu", a "Ulu Fenua" and a "Pule Fenua" and means the head of the Falekaupule according to the Aganu of the respective island.
(2)
For the purposes of determining whether a person is resident in a Falekaupule
area, the following rules shall apply:
(a) a person shall not cease to be a resident in a Falekaupule area by reason only of a period of absence of less than 1 year;
(b) a person shall be still held to be a resident of a Falekaupule area who-
(i) not being a public officer, is within Tuvalu but absent from that area in fulfilment of an obligation incurred by him under a contract of employment which provides expressly, or impliedly, for his repatriation to that area upon the termination of the contract or the happening of some earlier event:
(ii) states himself,, or is declared after a determination under section 123. to have his domicile in that area, and who is for the time being a public officer serving, or a person regularly employed, within Tuvalu but outside that area; or
(iii) is the spouse or dependent of a person referred to in either sub-paragraph (1) or (ii) above and is accompanying him while he is so absent, serving or employed, as the case may be, and
(c) in paragraph (b), "domicile" means the place of birth of the person whose domicile is in question, unless that person has a fixed habitation for himself and family in some other place and the intention of making it his permanent home.
Application
of the
Act
3.
Subject to section 130, this Act binds the Government.
PART
II
ESTABLISHMENT OF
FALEKAUPULE AND KAUPULE
Establishment
of
Falekaupule
4.
(1) The Falekaupule listed in Schedule 1
are established and shall have the areas of authority specified in that Schedule
in respect
of each
Falekaupule.
(2) Subject to the
provisions of any other Act relating to ownership or rights over land;
foreshore, marine life or mineral deposits,
the area of authority of every
Falekaupule for the purposes of this Act and any bye-laws made under it shall
include the internal
waters, lagoons and lakes of every island or atoll
comprised within that area, and the territorial waters, being the first 12 miles
of the territorial sea, adjacent to every such island or
atoll.
(3) The Minister may by
order amend Schedule 1 in respect of the area of authority of any
Falekaupule.
Establishment
of Kaupule
5.
(1) There shall be in the area of
authority of each Falekaupule a Kaupule, which shall be constituted by election
as provided for
in section 8.
(2)
The Kaupule on each island shall be the executive arm of the Falekaupule and
shall in the Falekaupule area perform all the functions
conferred on the
Falekaupule by this or any other Act, except -
a) the election of a Pule o Kaupule;
b) the approval of the island budget;
c) the approval of bye-laws;
d) the approval of appointments to Kaupule offices; and
e) such other functions as are conferred exclusively on the Falekaupule, either expressly or by necessary implication.
Incorporation
of Kaupule
6.
(1) Every Kaupule constituted under this
Act shall be a body corporate having perpetual succession and a common seal and
shall be
capable of suing and being sued and of acquiring, holding and disposing
of movable and immovable
property.
(2) On the date of
commencement of this Part-
a) every local government council established by section 3 of the Local Government Act shall be disbanded and replaced by a Kaupule, the members of which shall be the elected members of the council until such time as elections are held under Part III;
b) the real and personal property of every local government council so established and all moneys of every such council shall vest in the Kaupule of the area formerly under that council's authority without conveyance or assignment; and
c) the officers and employees of every local government council so established, including seconded public officers, shall continue as officers or employees of the Kaupule unless and until such officers are replaced as provided for by this Act or such employment is lawfully terminated by the Kaupule.
Kaupule
seal
7.
(1) The device or seal described in
Schedule 2 in relation to each Kaupule is prescribed as the common seal for each
Kaupule respectively.
(2) In the
event of a seal not being available for any Kaupule, a rubber stamp bearing the
name of the Kaupule shall suffice to authenticate
documents made by it or on its
behalf.
(3) The seal of the
Kaupule shall be kept and used by the Failautusi ote Kaupule, acting under the
instructions of the Pule o Kaupule
where so required by this Act and otherwise
in accordance with the requirements of this or any other Act.
PART
III
COMPOSITION OF
KAUPULE
Election
of Kaupule
members
8.
Each Kaupule shall have 6 members elected by registered voters in the manner
specified in this
Part.
Qualifications
of Kaupule
members
9.
(1) Subject to subsection (2), a person
shall only be qualified for election as a member of a Kaupule if he is entitled
to be registered
as a voter in the Falekaupule area of that
Kaupule.
(2) A person shall be
disqualified for election as a member of a Kaupule who -
(a) is a public officer;
(b) is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law,
(c) has within 5 years before the date of the appointment or election been surcharged under section 76(1) in an amount exceeding $200,
(d) is subject to any of the disqualifications specified in section 15(a) and (b);
(e) is disqualified for membership of a Kaupule by any law relating to offences connected with elections;
(f) is an island magistrate within the meaning of the Island Courts Act;
(g) is a member of a lands court under section 6 of the Native Lands Act; or
(h) is a member of the Lands Court Appeal Panel under section 9 of the Native Lands Act.
(3)
A person shall not be elected to be a member of a Kaupule without his
consent.
Term
of office of Kaupule
members
10.
(1) The term of office of members of a
Kaupule shall be 4 years from the date of election unless otherwise provided in
this Act.
(2) Subject to
subsection (3) any member of a Kaupule may, if qualified, seek re-election for a
further term of office terms.
(3)
No member of a Kaupule may be elected for more than 2
consecutive.
Tenure
of office of Kaupule
members
11.
(1) Every member of a Kaupule shall,
without prejudice to his re-election in accordance with this Act, retire as a
member of the Kaupule
at the expiration of his term of office under section 10
or earlier if his seat becomes vacant under this
section.
(2) The seat of a member
of a Kaupule shall become vacant -
(a) if by writing addressed to the Pule o Kaupule he resigns his seat;
(b) if he fails during a period of 3 consecutive months to attend meetings of the Kaupule without having obtained during that period the permission of the Kaupule not to attend its meetings,
(c) if he is appointed to, or to act in. any public office or any office or employment of the Falekaupule or the Kaupule; or
(d) if any circumstances arise that if he were not a member of the Kaupule would cause him to be disqualified for election as such under section 9(2)(a), (b), (c), or (d).
(3)
Subject to section 10(3), any person whose seat as a member of a Kaupule has
become vacant may, if qualified, again be elected
or appointed as a member of a
Kaupule.
Decision
on questions as to
membership
12.
(1) Subject to this Act, all questions
which may arise as to the right of any person to be or remain a member of a
Kaupule shall be
referred to and determined by the Senior Maiaistrate whose
decision shall be final.
(2)
Where, on presentation of an election petition in accordance with regulations
made under section 16, it is shown to the satisfaction
of the Senior Magistrate
that an election offence has been committed in connection with an election held
under this Act, the Senior
Magistrate may declare such election
void.
Filling
of vacancies of
members
13.
(1) Where a vacancy has occurred among
the members of a Kaupule, a new member shall as soon as practicable be elected
or appointed
or elected to fill such
vacancy.
(2) A person elected or
appointed to fill a vacancy under subsection (1) shall hold office until the
date upon which the person he
replaced would ordinarily have
retired.
Qualification
of
voters
14.
Subject to section 15; every person who-
(a) has attained the age of 18;
(b) is a resident in the Falekaupule area; and
(c) has paid rates to the Kaupule or has been exempted under section 86(2)(1) or 88,
is entitled to be registered as a voter and, when so registered, to vote at the election of a member of the Kaupule in that area.
Disqualification
of voters
15.
(1) No person who –
(a) is serving a sentence of imprisonment;
(b) is certified to be insane or otherwise adjudged to be of unsound mind under any law for the time being in force in Tuvalu; or
(c) is disqualified from registering as a voter or voting under any law for the time being in force in Tuvalu relating to offences connected with elections shall be registered as a voter or, being registered, shall be entitled to vote in an election of a member of a Kaupule.
(2)
A voter shall not be entitled to have his name retained on the register of
voters for any Falekaupule area if for a continuous
period of 12 months he has
ceased to be a person resident within such area or if he becomes disqualified
for voting under subsection
(1).
Regulation
of
elections
16.
(1) The Minister may make regulations for
the election of members of a
Kaupule.
(2) Without affecting the
general powers of subsection (1), the Minister may make regulations on the
following matters -
(a) the registration of voters and the revision of registers of voters:
(b) the ascertainment of the qualifications of the voters and candidates for an election;
(c) the method of nominating candidates;
(d) the holding of elections and the method of voting;
(e) election petitions; and
(f) the definition and trial of offences relating to elections and the imposition of penalties for such offences.
First
elections
17.
(1)Elections of Kaupule members shall be
held every 4 years or whenever a seat becomes
vacant.
(2) Upon the coming into
force of this Part, every ex officio member of a local government council shall
cease to be such a member
but elected members shall continue to hold their seats
as if elected to the Kaupule until an election is held under this
Part.
(3) The first elections of
Kaupule members shall be held on a date or dates to be appointed by the Minister
after consultation with
each Falekaupule and published in the
Gazette.
(4) The date or dates
appointed under subsection (3) shall be not later than 12 months from the coming
into force of this
Part.
Election
of Pule o
Kaupule
18.(1)As
soon as practicable after the election of a Kaupule, a Pule o Kaupule shall be
elected from among the members of the Kaupule
by simple majority in a secret
ballot of persons entitled to vote in the Falekaupule and present in the
Falekaupule building.
(2) The Pule
o Kaupule, on being elected under subsection (1), shall appoint one of the other
members of the Kaupule as Tokolua Pule
o
Kaupule.
(3) Subject to subsection
(4), the term of the Tokolua Pule o Kaupule shall end on the date on which the
Pule o Kaupule vacates office
for any cause, unless the Tokolua Pule o Kaupule
earlier vacates his seat.
(4) For
any period during which the Pule o Kaupule from any cause is unable to exercise
any of his powers or perform any of his duties,
the Tokolua Pule o Kaupule shall
exercise such powers and perform such
duties.
Functions
of Pule o
Kaupule
19.(1)The
Pule o Kaupule shall be the chief executive of the Kaupule and shall exercise
such powers and perform such duties and functions
as are provided for by this
Act and any other law in relation to a Pule o Kaupule or to the president of a
local government council.
(2)
Whenever a vacancy occurs in the office of Pule o Kaupule a meeting of the
Falekaupule shall be convened to elect a Pule o Kaupule
as provided for in
section 18(1).
(3) Subject to
subsection (6) a Pule o Kaupule shall vacate office if he -
(a) resigns by writing addressed to the Ulu Aliki;
(b) ceases to be a member of the Kaupule; or
(c) is removed by a meeting of the Falekaupule specially convened to consider the removal of the Pule o Kaupule at which at least two thirds of the persons entitled to vote in the Falekaupule and present in the Falekaupule building by secret ballot agree to such removal.
(4)
Subject to subsection (5), the term of office of a Pule o Kaupule shall be for 4
years from the date of his
election:
(5) A person elected to
fill a vacancy in the office of Pule o Kaupule under subsection (3) shall hold
office until the date when
the person he replaced would normally
retire.
(6) A Pule o Kaupule shall
continue in office until a new one is elected under section 18(1), unless he
vacates his office under subsection
(3).
(7) A candidate for the
office of Pule o Kaupule shall not be present at the meeting of the Falekaupule
at which the election of the
Pule o Kaupule takes
place.
(8) No person shall be
elected Pule o Kaupule without his
consent.
Notification
of names of
members
20.
(1) The Minister shall appoint a
returning officer for each Falekaupule
area.
(2) As soon as practicable
after an election of members of a Kaupule, the returning officer appointed under
subsection (1) shall notify
the Secretary in the Ministry responsible for the
administration of this Act of the name and term of office of every person
elected
to be a member of the Kaupule and shall publish such information at the
Kaupule office.
(3) As soon as
practicable after an election for the office of Pule o Kaupule, the Failautusi
ote Kaupule shall inform the Secretary
in the Ministry responsible for the
administration of this Act of the names and terms of office of the persons
respectively elected
Pule o Kaupule and appointed Tokolua Pule o Kaupule and
shall publish such information at the Kaupule office.
PART
IV
MEETINGS AND
PROCEEDINGS OF KAUPULE
Number of
meetings
21.
(1) Subject to subsection (2) and section
22(2), a Kaupule shall meet at such times as the Pule o Kaupule shall
determine.
(2)If a Kaupule fails
to meet at least once every month, for 3 consecutive months, the Minister, after
consultation with the Falekaupule;
may suspend the Kaupule, whereupon the
provisions of section 50 shall
apply.
Convening
of meetings
22.
(1) The Pule o Kaupule may call a meeting
at any time either on his own motion or upon requisition of one half of the
members of the
Kaupule.
(2) If the
Pule o Kaupule refuses to call a meeting of the Kaupule after receiving a
written request to do so signed by one half of
the members of the Kaupule, or
if, without so refusing, the Pule o Kaupule does not, within 2 days after
receiving such request,
call a meeting to take place within 3 weeks of the date
of the request, the person presenting the request may, on such refusal or
on the
expiration of the 2 days as the case may be, call a meeting of the
Kaupule.
(3) At least 7 days
before the day of any meeting called under subsection (1)-
(a) notice of the time and place of the intended meeting shall be published at the Kaupule office and, where the meeting is called by members of the Kaupule. the notice shall be signed by those members and shall specify the business proposed to be transacted, and
(b) summonses to attend the meeting, signed by the Failautusi ote Kaupule, shall be left at the home of every member of the Kaupule, but failure to serve a summons on any member shall not affect the validity of the meeting.
(4)
No business shall be transacted at a meeting called by members of a Kaupule
other than that specified by them in the notice published
under subsection
(3)(a).
Presiding
at meetings
23.
(1) The Pule o Kaupule shall, if present,
preside at meetings of the
Kaupule.
(2) If the Pule o Kaupule
is absent from any meeting of the Kaupule, the Tokolua Pule o Kaupule if present
or, in his absence, such
member as the members of the Kaupule shall choose,
shall preside at the
meeting.
Quorum
24.
No business shall be transacted at a meeting of a Kaupule unless at least
two-thirds of the total number of members of the Kaupule
are
present.
Conduct
of Meetings
25.
(1) Unless special conditions make it
impractical, every meeting of a Kaupule shall take place in the Kaupule
office.
(2) Meetings of the
Kaupule shall be open to the public, unless the Kaupule by resolution decides to
exclude the public from any meeting
or part of a
meeting.
(3) The proceedings of
any meeting of a Kaupule committee shall not be open to the public unless the
Kaupule appointing the committee
resolves to admit the
public.
Decisions
on
questions
26.
(1) Subject to this Act; all acts of a
Kaupule and all questions coming or arising before a Kaupule shall be done and
decided by a
majority of the members present and voting at a meeting of the
Kaupule.
(2) The person presiding
at a meeting of a Kaupule shall have an original vote and, in the event of an
equality of votes, shall have
and exercise a second or casting
vote.
(3) The person presiding at
a meeting of a Kaupule may on his own initiative, and shall at the request of
one third of the members
present, order that any question coming before the
Kaupule shall be determined by secret
ballot.
Breaches
of order at
meeting
27.
(1)At any meeting of a Kaupule, if a
member of the Kaupule shows disregard for the authority of the person presiding
or abuses the
standing orders by persistently or willfully obstructing the
business of the Kaupule or otherwise, the person presiding shall direct
the
attention of the meeting to the incident by naming the person concerned and may
suspend such person from the exercise of his
functions as a member of the
Kaupule for the remainder of the
meeting.
(2) In case of grave
disorder arising in any meeting of a Kaupule, the person presiding may, if he
thinks it necessary, adjourn the
meeting without question put or suspend the
meeting for a time specified by
him.
(3) The person presiding at
any meeting of a Kaupule committee may, if he thinks it necessary, exercise the
like powers as are conferred
upon a person presiding at a meeting of a Kaupule
by subsections (1) and
(2).
Minutes of
meetings
28.(1)Minutes
of the proceedings of every meeting of a Kaupule and of every conunittee shall
be entered in books kept for that purpose
and shall be read and confirmed or
amended and signed by the person presiding at the next meeting of the Kaupule or
committee, as
the case may be, and any minute purporting to be so signed shall
be received in evidence without further
proof.
(2) The names of the
members of a Kaupule or of a committee present at a meeting of the Kaupule or
committee respectively shall be
recorded in the
minutes.
(3) The Pule o Kaupule
shall, in consultation with the Ulu Aliki, arrange that the resolutions passed
at any Kaupule meeting are read
to the Falekaupule in the Falekaupule building
within 14 days of the meeting, and shall record the fact of such reading in the
Minutes
of the meeting at which the resolution was
passed.
(4) Unless the contrary is
proved, a meeting of a Kaupule or of a committee, in respect of the proceedings
of which a minute has been
made and signed as provided by subsection (1), shall
be deemed to have been duly convened and held; the members present at the
meeting
shall be deemed to have been qualified and, in the case of a committee,
the committee shall be deemed to have been duly constituted
and to have had
power to deal with the matter referred to in the
minutes.
Minutes
to be open for
inspection
29.
The minutes of the proceedings of a Kaupule shall at all reasonable times be
open to inspection and any person may obtain a copy
of or an extract from such
minutes on payment of such fee as may be specified by the
Kaupule.
Vacancy,
etc. not to invalidate
proceedings
30.
The proceedings of a Kaupule or of any committee shall not be invalidated by
reason of any vacancy among its members or the lack
of qualifications of any
member.
Standing
orders
31.
(1) The Minister, after consultation with
each Falekaupule, may issue in the Tuvalu language model Standing Orders for the
regulation
of the proceedings and business of
Kaupule.
(2) A Kaupule may make
standing orders for the regulation of its proceedings and business, not
inconsistent with model Standing Orders
made under subsection (1), and may
amend, vary or revoke such standing orders in a manner not inconsistent with
those Orders.
(3) Model Standing
Orders made under subsection (1) shall apply to regulate the proceedings and
business of any Kaupule which does
not make its own standing orders under
subsection (2) or in respect of any matter not covered by such
orders.
(4) Until standing orders
under subsection (1) or (2) are made, a Kaupule shall conduct its meetings in
accordance with the normal
rules of conduct of local government
bodies.
Payment
of
allowances
32.
The Pule o Kaupule and every member of a Kaupule shall be paid monthly out of
the revenues of the Kaupule such gratuities and travelling
and attendance
allowances as may be determined by the Minister, after consultation with each
Falekaupule.
Pecuniary
interest
33.
(1)Subject to subsection (2), if a member
of a Kaupule or of any committee has any pecuniary interest, direct or indirect,
in any
contract or proposed contract or other matter and is present at a meeting
of the Kaupule or of the committee at which the contract
or other matter is the
subject of consideration,-
(a) he shall disclose such interest to the meeting and not take part in the consideration or discussion of or vote on any question with respect to the contract or other matter; and
(b) if a majority of members present so decide, he shall withdraw from the meeting during such consideration or discussion,
(2)
This section shall not apply to an interest in a contract or other matter which
a member of the Kaupule or committee may have
as a rate-payer or inhabitant of
the Falekaupule area.
(3) This
section shall apply in like manner to questions on the employment by the Kaupule
of an immediate relative of a member, being
either a parent, sibling, child or
grandchild.
Attendance
of
non-members
34.
The Pule o Kaupule may invite any person to attend and to speak upon any matter
at any meeting of the Kaupule, but a person so, invited
shall not vote upon any
matter.
Appointment
of
committees
35.
(1) A Kaupule may by resolution appoint one or more committees, comprised of
some or all of its members, for any general or special
purpose and may delegate
to such a committee any power or function of the Kaupule in respect of the
Falekaupule area, except the
power of appointing committees, making bye-laws,
approving annual estimates, levying a rate or borrowing or lending
money.
(2) The chairman and
members of a committee appointed under this section, their terms of reference,
their term of office and the subject-matter
over which the committee is to
exercise authority, shall be specified by the
Kaupule.
(3) The Pule o Kaupule
may invite a person who is not a member of the Kaupule to be a member of a
committee appointed under subsection
(1) if that person's special knowledge or
skill or experience in the subject-matter over which the committee is to
exercise authority
so
justifies.
(4)A committee
appointed under this section may, if so authorised by the Kaupule, appoint one
or more sub-committees from among its
members.
Standing
committees
36.
(1) Without affecting the general powers
in section 35, a Kaupule shall establish standing committees on each of the
following subjects
-
(a) Health;
(b) Agriculture and Fisheries:
(c) Education,
(d) Communication, Transportation, and Infrastructure, and
(e) Budget and Appropriations.
(2)
A Kaupule may in accordance with section 35 establish such other standing
committees as may be needed in order to carry out its
functions.
(3) A standing
committee appointed under this section may establish such sub-committees as it
thinks
fit.
Standing
orders for
committees
37.
(1) A Kaupule shall make and may amend, vary, and revoke standing orders to
regulate the activities and proceedings of any committee
which it
appoints.
(2) Without affecting
the general powers of subsection (1) standing orders made under this section
shall provide -
(a)that all acts of a committee shall be done and decided by a majority of members present and voting at a meeting of such committee;
(b) that the chairman or other person presiding at a meeting of a committee shall, in the event of an equality of votes, have and exercise a second or casting vote; and
(c) for the quorum, proceedings and place of meetings of a committee.
(3)
Standing orders made under this section shall not be inconsistent with the
standing orders of the Kaupule made under section
31.
Committees
to
report
38.
Every committee appointed by a Kaupule under this Part shall report its
proceedings to the Kaupule whenever required to do so by
the Kaupule and in any
event within a reasonable time after such proceedings.
PART
V
FUNCTIONS OF
FALEKAUPULE AND KAUPULE
Duty to
discharge
functions
39.
(1) It shall be the duty of every Falekaupule established by this Act
-
(a) to discharge the functions conferred upon Falekaupule by or under this or any other Act; and
(b) generally, through the Kaupule, to maintain order and good government and promote development within the area of its authority.
(2)
It shall be the duty of every Kaupule established by this Act -
(a) to discharge the functions conferred upon Kaupule or upon local government councils by this or any other Act; and
(b) to assist the Falekaupule in the performance of its functions by acting as the executive arm of the Falekaupule, as described in section 5, and for this purpose a Kaupule may exercise all the powers conferred on Kaupule or local government councils by this or any other Act and do such other things as are necessary or desirable and for which it has lawful power.
(3)
For the avoidance of doubt, it is hereby declared -
(a) that the conferring of functions on a Falekaupule or a Kaupule or a local government council by this or any other Act does not confer any powers other than those conferred by statute or by the general law; and
(b) that nothing in this section or section 40 confers on a Falekaupule or Kaupule authority to do anything which would be contrary to this or any other Act or any other law.
Functions
40.
(1)The general functions of a Falekaupule shall be those set out in Schedule
3.
(2) The Minister may by order
amend Schedule 3.
(3) In relation
to development the functions of a Falekaupule shall be, amongst other
things,-
(a) to prepare and implement development plans and programs in consultation with the community, government agencies, non-government organisations and other development partners:
(b) to coordinate and monitor all programs and projects implemented within its area of authority;
(c) to seek technical advice on policy and project development in accordance with its plans and programs;
(d) to mobilise the people for development efforts; and
(e) to ensure the proper management and use of the physical and natural resources in the Falekaupule area.
(4)
Any function conferred on a Falekaupule or Kaupule or local government council
shall be exercisable over all persons within the
Falekaupule area except as is
otherwise expressly provided in this Act or in any regulations or bye-laws made
under this or any other
Act.
(5)
The conferring of a function on a Falekaupule does not preclude the performance
of that function by the Government where the function
can more appropriately be
performed by the Government and the Minister shall, in consultation with each
Falekaupule, determine which
functions should be performed by the Falekaupule
and which by the
Government.
Prevention
of
crime
41.
It shall be the duty of every Falekaupule and of every Kaupule to use its
resources to assist the police in the detection and prevention
of crime within
the area of its
authority.
Power
to accept
gifts
42.
(1) A Kaupule, on behalf of the Falekaupule and with its express approval, may
accept, hold and administer any gift of real or personal
property for any public
purpose or for the benefit of the inhabitants of the Falekaupule area or any
part of it.
(2) A Kaupule may
execute or cause to be executed any works (including works of maintenance and
improvement) incidental to or consequential
on the acceptance of a gift of real
property under subsection
(1).
Fees
43.
A Kaupule may charge fees for any service or facility provided by the
Falekaupule or the Kaupule in performance of their statutory
functions or for
any licence or permit issued by the Kaupule under this Act or under any
regulations or bye-laws made under this
Act.
18.
Remission
of fees
etc.
44.
A Kaupule may by resolution for good cause remit in whole or in part any fee or
charge, other than a fine, imposed under this Act
or under any regulations or
bye-laws made under this Act and payable to the
Kaupule.
Power
to
contract
45.
(1) A Kaupule may enter into any lawful contract for the supply of goods or
services necessary for the discharge of its statutory
functions or those of the
Falekaupule.
(2) With the express
approval of the Falekaupule, a Kaupule may enter into joint contracts with one
or more other Kaupule whereby
the services of third parties can more cheaply or
efficiently be secured for the performance of any of the Kaupule's
functions.
Insurance
46.
A Kaupule may insure all or any of its property against risks of any type and
may insure itself and any member, officer or servant
of the Kaupule against any
liability on account of loss of life or injury, or loss of or damage to
property, sustained or caused
by any such member, officer or servant and arising
out of or in the course of his duty as such member, officer or
servant.
Provision
of
buildings
47.
A Kaupule may provide and furnish buildings to be used in performing its
functions and for occupation by officers and employees of
the Kaupule and by
other persons performing the functions of the
Kaupule.
Acquisition
of
land
48.
(1)Subject to subsection (2), and with the express approval of the Falekaupule,
a Kaupule may, for the purposes of performing its
statutory functions or those
of the Falekaupule, acquire by purchase, lease, gift or exchange, any land
either within or outside
the Falekaupule
area.
(2) A Kaupule shall not
acquire land outside the Falekaupule area without the prior written approval of
the
Minister.
Powers
of public
officers
49.
(1) The Minister, with the agreement of the Kaupule, may by order direct that
specified public officers shall be deemed to be officers
of any Kaupule for the
purposes of giving effect to and enforcing any bye-laws made by such
Kaupule.
(2) Every police officer
shall be deemed for the purposes of this section to be an officer of the Kaupule
on the island where he is
for the time being
stationed.
Power
to enforce
functions
50.
(1) If the Minister is satisfied that any Falekaupule or Kaupule has defaulted
in the performance of any of its statutory functions,
he may make an order
declaring the Falekaupule or Kaupule to be in default and may, by the same or
any other order-
(a) for the purposes of removing the default direct the Falekaupule or Kaupule to perform such of its functions in such manner and within such time or times as may be specified in the order; or
(b) transfer to such person or body as the Minister thinks fit such functions of the Falekaupule or Kaupule as may be specified in the order.
(2)
If a Falekaupule or Kaupule in respect of which an order has been made under
subsection (1)(a) fails to comply with any requirement
of the order within the
time specified in it for compliance, the Minister may make an order under
subsection
(3) Where an order has
been made under subsection (1)(b) in respect of a Kaupule, the Minister may, by
the same or any other order
dissolve the Kaupule or suspend the Kaupule for such
period as he thinks fit from the performance of such of its functions as are
specified in the order.
(4) The
Minister shall not make an order under this section unless-
(a) an investigation has been carried out on the Minister on the manner in which the Falekaupule or Kaupule is exercising its statutory functions, or specified functions;
(b) the Minister has received a report on the investigation; and
(c) after consideration of the report he is satisfied that the Falekaupule or Kaupule is in default.
Expenses
in respect of transferred
functions
51.
Where any functions of a Falekaupule or Kaupule are transferred to any person or
body under section 50(1)(b), the expenses incurred
by such body or person in
discharging those functions shall be a debt due from the Falekaupule or Kaupule
in default to such person
or
body.
Powers in
emergency
52.
(1) In the event of any disaster or emergency endangering the lives or
properties of persons within a Falekaupule area, the Pule
o Kaupule shall, in
consultation with the Ulu Aliki, make such decisions and take such steps as may
be reasonably necessary to deal
with the
situation.
(2) In the event of a
disaster or emergency endangering the lives or properties of persons within more
than one Falekaupule area the
Pule o Kaupule in consultation with the Ulu Aliki
shall liaise with the National Disaster Committee before making such decisions
and taking such steps as may be reasonably necessary to deal with the
situation.
PART
VI
BYE -
LAWS
Bye-laws;
general
provisions
53.
(1) A Kaupule may from time to time make
and having made may amend, vary, or cancel bye-laws, having the force of law in
the Falekaupule
area, for the purpose of carrying out any statutory function of
the Kaupule or the
Falekaupule.
(2) Bye-laws made
under subsection (1) may specify a fine not exceeding $400 or, in default of
payment, imprisonment not exceeding
6 weeks, for any breach of a bye-law and, in
the case of a continuing offence; a further penalty not exceeding $20 for each
day on
which the offence is continued after written notice of the offence has
been given to the offender.
(3)
Bye-laws may further provide that, in addition to any penalty as specified in
subsection (2), any expense incurred by the Kaupule
in consequence of any breach
of the bye-laws or in the execution of any work directed by any bye-law to be
executed by any person
and not executed by such person shall be paid by the
person committing such breach or failing to execute such work and shall be
recoverable
as a civil
debt.
(4)
Bye-laws may provide for the payment of
such fees or charges as are specified in the
bye-laws.
(5) Subject to
subsection (6), every bye-law shall be read and construed subject to this Act
and to any other law for the time being
in force in
Tuvalu.
(6) Where a bye law makes
provision for any matter for which provision is made in any other Act, the
bye-law shall not be invalid
unless there is a conflict between the provisions
of the bye-law and of the Act, in which case the provisions of the Act shall
prevail.
(7) Nothing in the Laws
of Tuvalu Act shall prevent a Kaupule, when making a bye- law on any topic, from
incorporating, repealing, amending or re-stating any customary
rules previously
in force with regard to that
topic.
(8) A bye-law may require
acts or things to be performed or done to the satisfaction of a specified person
and may empower a specified
person to issue orders to any other person requiring
acts or things to be performed or done, imposing conditions and prescribing
periods and dates upon, within or before which such acts or things shall be
performed or done or such conditions shall be
fulfilled.
(9) A bye-law may
confer upon a Kaupule and any of its officers and employees specified in such
bye-law such powers of inspection
and inquiry and such powers to execute any
work as may be reasonably necessary for the proper carrying out or enforcement
of such
bve-law.
(10) Bye-law may
specify that it shall apply to the whole or any part of the Falekaupule area or
to all or any class of persons in
such area and, failing such specification; a
bye-law shall be deemed to apply to all parts of the Falekaupule area and to all
persons
in
it.
Method of
making
bye-laws
54.
(1) Bye-laws shall be-
(a) in the Tuvalu language;
(b) made by resolution of the Kaupule after approval of the Falekaupule as provided in this section; and
(c) signed by the Pule o Kaupule under the common seal of the Kaupule.
(2)
A bye-law may be proposed by any member of the Kaupule, by the Failautusi ote
Kaupule, or by the Ulu Aliki and shall be debated
in a meeting of the
Kaupule.
(3) If agreed by the
Kaupule, the proposed bye-law shall as soon as practicable be sent by the Pule o
Kaupule to the Ulu Aliki who
shall arrange for discussion of it in the
Falekaupule within 30 days of receiving
it.
(4) If the proposed bye-law is
approved in the Falekaupule by a majority vote of the persons entitled to vote
in the Falekaupule,
with or without amendments, it shall be so endorsed by the
Ulu Aliki and returned to the Pule o Kaupule for making in accordance
with
subsection
(1).
(5).If
the Falekaupule approves a proposed bye-law with amendments, the Kaupule may
make the bye-law as so amended, or the Pule o Kaupule
may return it to 22 the
Falekaupule with reasons why the amendments are not acceptable, whereupon the
Falekaupule may withdraw the
amendments or propose new
ones.
(6) The procedure described
in subsections (4) and (5) may be repeated until agreement is reached between
the Kaupule and the Falekaupule,
whereupon the bye-law shall be made in
accordance with subsection
(1).
(7) The Falekaupule may
withhold its approval of a proposed bye-law, in whole or in pant, only on the
grounds that it is prejudicial
to public welfare or against the customs and
traditions of the people, and the Ulu Aliki shall give the reasons for such
decision
in writing to the Pule o
Kaupule.
(8) A decision under
subsection (7) shall not preclude the Kaupule from again proposing a bye-law on
the same subject at any time.
(9)
The Pule o Kaupule shall; as soon as practicable after a bye-law has been made,
arrange for its transmission to the Attorney-General,
who shall, subject to
subsection (10), cause it to be published on the Government notice-board and in
the Gazette.
(10) The
Attorney-General may declare any bye-law invalid, in whole or in part, on the
grounds that it is inconsistent with this Act
or any other Act. and shall advise
the Pule o Kaupule
accordingly.
Publication
of
bye-laws
55.
(1) Copies of every bye-law shall -
(a) be deposited at the Kaupule office;
(b) at all reasonable times be open to public inspection without payment; and
(c) be provided to any person on payment of such sum as the Kaupule may determine.
(2)
Every bye-law shall be published by exhibiting a copy of it at the Kaupule
office and subject to section 54(10) shall come into
effect on the date of such
publication, or on such later date as may be
specified.
(3) The Kaupule may
take such steps in addition to those specified in subsections (1) and (2) as it
thinks appropriate to ensure that
all persons likely to be affected by a bye-law
are aware of its
provisions.
Evidence
of bye-laws
56.
(1) The signature on a bye-law of the
Pule o Kaupule, under the common seal of the Kaupule, shall be evidence, unless
the contrary
is proved, that the procedure prescribed in section 54 has been
followed in respect of it.
(2) A
copy of a bye-law purporting to be made by a Kaupule, upon which is endorsed a
certificate purporting to be signed by the Pule
o Kaupule or the Failautusi o
Kaupule stating -
(a) that the bye-law was made and published by the Kaupule in the prescribed manner;
(b) that the copy is a true copy of the bye-law; and
(c) that the bye-law was duly approved by the Falekaupule on a specified date and that it came into operation on a specified date,
shall
be admitted in evidence in any Court without further proof, and such certificate
shall be evidence of the facts stated in it
without further proof and without
proof of the hand-writing or official position of the person purporting to sign
the certificate.
PART
VII
FINANCIAL
PROVISIONS AND AUDIT
Establishment
of statutory
funds
57.
(1) Every Kaupule shall set up a general
fund into which shall be paid all revenue and other moneys accruing to the
Falekaupule under
this or any other Act and all revenues or other moneys
accruing to the Kaupule (in this Part referred to as "statutory revenues")
and
from which shall be paid all expenditures properly incurred by the Falekaupule
or by the Kaupule in the performance of their
respective functions under this or
any other Act (in this Act referred to as "statutory
expenditure").
(2) In receiving
moneys accruing to the Falekaupule and in paying expenditure incurred by the
Falekaupule, a Kaupule acts as agent
for the Falekaupule, but shall not be
entitled to be indemnified by the Falekaupule in respect of any such
sums.
(3) Each Kaupule may operate
such bank accounts as are necessary in order to perform its functions and those
of the Falekaupule under
this Act or any other
Act.
Statutory
revenues
58.
(1) The statutory revenues of a Falekaupule and the revenues of a Kaupule shall
consist of-
(a) all sums of money formerly vested in any local government council established under section 3 of the Local Government Act within or partly within the Falekaupule area;
(b) all sums of money appropriated by Parliament for the maintenance and improvement of facilities on the islands and for the local development plan;
(c) revenue accruing to the Falekaupule or the Kaupule from the following sources -
(i) moneys derived from any rate imposed by the Kaupule under this Act;
(ii) moneys derived from permits, dues, charges or fees specified by any bye-law made by the Kaupule;
(iii) moneys received from any public utility concern or any service or undertaking belonging to or maintained by the Kaupule;
(iv) rents derived from the letting or leasing of any building or land belonging to the Kaupule;
(v) any particular public revenue lawfully assigned to a Falekaupule or to a Kaupule;
(vii) any sums of money lawfully assigned to a Falekaupule or to a Kaupule by any public corporation;
(viii) interest on investments made under section 70;
(ix) moneys borrowed under section 67;
(x) moneys granted to the Falekaupule or the Kaupule by way of gift for any public purpose or for the welfare of all or any of the inhabitants of the Falekaupule area;
(xi) moneys derived in the Falekaupule area from tax collected under the Landowners Taxation Act;
(xii) registration fees under the Dogs Act payable within the Falekaupule area;
(xiii) licence fees under the Licences Act payable within the Falekaupule area;
(xiv) notwithstanding section 9 of the Public Finance Act; fees for liquor licences, motor vehicle and driving licences and all other licences issued under any Act to a resident in the Falekaupule area and payable within that area; and
(xv) notwithstanding section 75 of the interpretation Act, fines imposed on persons resident in the Falekaupule area by the Island Court for the area.
(2)
Any other moneys lawfully derived by a Kaupule from any other source not
specifically included in subsection (1) shall form part
of the revenue and funds
of such
Kaupule.
Statutory
expenditure
59.
Subject to this Act, a Kaupule may incur all expenditures reasonably necessary
for and incidental to the carrying out of its statutory
functions and those of
the
Falekaupule.
Method
of making
budget
60.
(1) Every Kaupule shall in each financial
year prepare a budget (in this Part referred to as a "Kaupule budget") for the
following
financial year, consisting of-
(a) an estimate of statutory revenue for the year;
(b) an estimate of statutory expenditure for the year;
(c) proposals as to how the revenue is to be raised; and
(d) a detailed explanation of the estimated expenditure.
(2)
The estimate of expenditures in a Kaupule budget shall not exceed the estimate
of revenues.
(3) A Kaupule budget
document shall contain -
(a) a budget message from the Pule o Kaupule briefly setting out the significance of the budget, particularly in relation to the local development plan:
(b) a brief summary of the projects and activities to be carried out in pursuit of the statutory goals and objectives of the Falekaupule and of the Kaupule for the ensuing financial year, especially in relation to the delivery of basic services; and
(c) a budget summary.
Submission
of statement of income and
expenditure
61.
On or before the second week of October of each year, the Ofisa Teu Tupe shall
submit to the Failautusi ote Kaupule a statement covering
the income and
expenditure of the preceding financial year, the actual income and expenditure
of the first half of the current financial
year, and the estimated income and
expenditure for the remaining half of the current financial
year.
Budget
preparation
62.
(1) Upon receipt of the statements of
income and expenditure under section 61, the Failautusi ote Kaupule shall
prepare a proposed
Kaupule budget for the ensuing financial year, in accordance
with this Part.
(2) The Failautusi ote Kaupule
shall, in or before the second week of January in each year, submit the proposed
Kaupule budget to
the Committee on Budget and
Appropriations.
Committee
on Budget and
Appropriations
63.
(1) The Committee on Budget and
Appropriations shall on receipt of the proposed Kaupule budget under section 62
review and evaluate
it and in particular shall-
(a) determine the feasibility of the income projected for the ensuing financial year;
(b) recommend to the Kaupule the appropriate tax and other revenue measures which may be adopted to support the budget;
(c) recommend to the Kaupule the level of annual expenditure for economic; social, and general services based on the approved local development plan;
(d) recommend to the Kaupule the proper allocation of expenditures for each development activity between current operating expenditures and capital outlay.
(2)
The Committee on Budget and Appropriations shall return the proposed budget to
the Pule o Kaupule with its recommendations and
comments for consideration by
the Kaupule on or before the first working day of
February.
Authorisation
of budget
64.
(1) The Pule o Kaupule shall, during the
first week of March in each year, after due consideration by the Kaupule of the
recommendations
and comments of the Committee on Budget and Appropriations made
under section 63, submit the proposed Kaupule budget with any appropriate
changes to the Falekaupule for approval at the annual Falekaupule
Assembly.
(2) At the Falekaupule
Assembly the proposed Kaupule budget shall be debated and may be amended,
provided such amendments -
(a) are agreed to by a majority of the members of the Kaupule present at the Assembly; and
(b) do not result in a budget which would not enable the Falekaupule or Kaupule to perform their respective functions in the ensuing year.
(3)
When the proposed Kaupule budget has received the approval of the Falekaupule,
as indicated by the signature of the Ulu Aliki,
the Kaupule shall make an
appropriations bye-law for the ensuing financial year, in accordance with
section 54. without further approval
by the
Falekaupule.
Supplementary
budget
65.
(1) Where it appears to a Kaupule in any
financial year that expenditure for any specified purpose is desirable and no or
insufficient
provision for it has been made in the estimates for that year, the
Pule o Kaupule may submit an application for supplementary expenditure
to the
Ulu AIiki
(2) When an application
has been received under subsection (1), the Ulu Aliki shall as soon as
practicable convene a meeting of the
Falekaupule to consider
it.
(3) The Falekaupule may in
respect of an application under subsection (1) either approve or disapprove it
as a whole or disapprove,
amend or reserve any item or items in it and the Ulu
Aliki shall notify the Pule o Kaupule accordingly, whereupon the procedure
described
in section 54(4) and (5) with respect to proposed bye-laws shall be
followed.
(4) When agreement has
been reached on an application for supplementary expenditure, the Kaupule shall
make a supplementary appropriation
bye-law in accordance with section 54 without
further approval by the
Falekaupule.
Failure
to pass
budget
66.
In the event that a Kaupule fails to pass a bye-law authorising the annual
Kaupule budget at the beginning of any financial year,
the Kaupule may incur
expenditure on recurrent heads of expenditure in accordance with the approved
estimates for the previous year
for a period of 3
months.
Power
to borrow
money
67.
A Kaupule may from time to time, with the
express approval of the Falekaupule, and in accordance with a resolution of the
Kaupule
in that behalf, raise loans within Tuvalu of such amounts; from such
sources, in such manner, and for such purposes as the Kaupule
and Falekaupule
may think fit for the development of the Falekaupule
area.
Overdrafts
68.
(1) A Kaupule may from time to time
resolve to seek advances from banks by overdraft charged indifferently upon all
revenues of the
Kaupule for an amount of not more than 10 per cent of its annual
estimate of revenue.
(2) An
overdraft in excess of 10 per cent of the annual estimate of revenue of a
Kaupule shall be treated as a loan and the provisions
of section 67 shall
apply.
Power to
lend
money
69.
A Kaupule may from time to time, with the express approval of the Falekaupule,
and in accordance with a resolution of the Kaupule
in that behalf; lend money
within Tuvalu, of such amounts, to such persons, in such manner, for such
purposes and upon such conditions
as the Kaupule and Falekaupule may think
fit.
Investment
of funds
70.
(1) A Kaupule may, with the express
approval of the Falekaupule, and in accordance with a resolution of the Kaupule
in that behalf,
invest all or any portion of Falekaupule moneys held by the
Kaupule and all or any portion of Kaupule moneys not needed to meet current
expenditure in such investments in Tuvalu as the Falekaupule and the Kaupule may
think fit.
(2) With the prior
written approval of the Minister, investment of moneys under subsection (1) may
be made in investments outside
Tuvalu.
Accounts
to be kept
71.
(1) Every Kaupule shall keep proper
accounts and other records in relation to the financial transactions of the
Falekaupule under
this or any other Act and of the
Kaupule.
(2) Immediately after the
end of each financial year the Kaupule shall cause its accounts for that year to
be brought to a balance
and a balance sheet to be prepared with respect to the
balance, together with a statement or abstract of the
accounts.
(3) As soon as
practicable after the accounts under subsection (2) have been prepared, the Pule
o Kaupule shall cause a copy of them
to be sent to the Ulu Aliki, to the
Minister, and to the
Auditor-General.
Financial
guidelines
72.
(1) The Minister, after consultation with
each Falekaupule, shall issue in writing in the Tuvalu language financial
guidelines not
inconsistent with this Act, for:
(a) regulating and controlling the receipt and payment of moneys by Kaupule;
(b) regulating and controlling the operation of bank accounts by Kaupule; and
(c) the general control and management of the financial business and affairs of Kaupule, including guidelines on the preparation of budgets.
(2)
The Minister may issue guidelines to like effect as those described in
subsection (1) in respect of the financial business and
affairs of Falekaupule,
to the extent that they relate to the performance of the statutory functions of
a Kaupule.
(3) Financial
guidelines issued under subsection (1) or (2) may be issued either generally or
in respect of any particular Falekaupule
or Kaupule and shall be followed by all
Falekaupule and Kaupule in respect of which they have been
issued.
Access
to records of
Kaupule
73.
(1) The Pule o Kaupule may in writing
authorise any person to have access to all or to specified books, accounts and
records of a
Kaupule and any person so authorised shall at all reasonable times
have access to and be entitled to inspect such books, accounts
and
records.
(2) A public officer
acting on behalf of the Minister may at all reasonable times and upon production
of his authority have access
to all the books, accounts and records of a Kaupule
as if authorised by the Pule o Kaupule under subsection
(1).
(3) Upon payment of a fee, to
be specified by the Kaupule by resolution, any person may have access to the
books, accounts and records
of a Kaupule and upon payment of a further fee may
have a certified copy of an entry in any such books, accounts and
records.
Audits
of
accounts
74.
Upon receipt of the accounts of a Kaupule under section 71(3) the
Auditor-General shall conduct an examination and audit of them
in accordance
with this Part and with the provisions of the Public Finance Act as if the funds
of a Kaupule were public
funds.
Transmission
of reports,
etc.
75.
(1) The Auditor General after preparing a
report on the examination and audit of the Kaupule accounts shall send to the
Pule o Kaupule
a copy of the report, together with the annual statement or
abstract prepared under section
71.
(2) The Auditor-General shall
send a copy of every report prepared by him under subsection (1) to the Speaker
of Parliament for tabling
in Parliament at the first session following its
receipt by the Speaker of
Parliament.
Power
and duties of the
Auditor-General
76.
(1) The Auditor-General at every audit of
the accounts of a Kaupule held by him may -
(a) disallow any item of expenditure which is contrary to law;
(b) surcharge the amount of any expenditure disallowed upon the person responsible for incurring or authorising the expenditure;
(c) surcharge any sum which has not been duly brought into account upon the person by whom that sum ought to have been brought into account; and
(d) surcharge the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred.
(2)
It shall be the duty of the Auditor General -
(a) to certify the amount due from any person upon whom he has made a surcharge; and
(b) to certify at the conclusion of the audit his allowance of the accounts, subject to any disallowance or surcharge which he may have made.
Special
relief for officers and
servants
77.
Notwithstanding section 76, no liability to surcharge shall be incurred by an
officer or employee of a Kaupule who shows to the satisfaction
of the
Auditor-General that he acted in pursuance of and in accordance with a
resolution of the Falekaupule or Kaupule or of a committee
duly appointed by the
Kaupule or on the instructions of any officer of the Kaupule to whom he was at
the time
subordinate.
Auditor-General
may take
evidence
78.
(1)
For the purposes of any examination under
this Part the Auditor-General or other person duly authorised by him under
section 26(1)(b)
of the Public Finance Act may -
(a) take evidence and examine witnesses upon oath or affirmation; and
(b) by summons under his hand, require all such persons as he may think fit to appear personally before him at a time and place to be stated in such summons and to produce all such books and papers, including the minutes of the proceedings of the Falekaupule or of the Kaupule or of any committee, as he may consider necessary for such examination.
(2)
In any proceedings held under subsection (1), no person shall be bound to
incriminate himself and every witness shall in respect
of any evidence given by
him before the Auditor General or other person so authorised be entitled to the
same privileges to which
he would be entitled if giving evidence before a
court.
(3) A person who, without
reasonable excuse -
(a) neglects or refuses to comply with the terms of a summons issued under subsection (1)(b);
(b) having appeared in: response to a summons under subsection (1)(b), refuses to be examined on oath or affirmation or to take such oath or affirmation; or
(c) having taken such oath or affirmation, refuses to answer such question as are put to him, shall be liable for every such neglect or refusal to a fine of $200, or in default of payment to imprisonment for 6 months.
Payment
of sums certified to be
due
79.
Every sum certified by the Auditor-General to be due from any person shall be
paid by that person to the Kaupule concerned within
60 days after it has been so
certified or, if an appeal with respect to that sum has been made under section
81, within 30 days after
the appeal is finally disposed of or abandoned or fails
by reason of
non-prosecution.
Recovery
of sums certified to be
due
80.
(1) Any sum which is certified by the
Auditor-General to be due to a Kaupule and which has become payable shall be
recoverable by
the Kaupule as a civil
debt.
(2) In any proceedings for
the recovery of a sum under subsection (1), a certificate signed by the
Auditor-General shall be conclusive
evidence of the facts certified and a
certificate signed by the Pule o Kaupule or Ofisa Teu Tupe that the sum
certified to be due
has not been paid shall be conclusive evidence of
non-payment, unless it is proved that the sum certified to be due has been paid
since the date of the
certificate.
(3) Unless the
contrary is proved, a certificate purporting to be signed by the Auditor-General
or the Pule o Kaupule or Ofisa Teu
Tupe shall be deemed to have been so
signed.
Appeals
against decisions of
Auditor-General
81.
(1) Subject to subsection (2), a person
who is aggrieved by a decision of the Auditor-General on any matter with respect
to which
he made an objection at the audit and a person aggrieved by a
disallowance or surcharge made by the Auditor General may appeal against
the
decision to a magistrate's court, unless such decision, disallowance or
surcharge relates to an amount exceeding $1,000, in which
case the appeal shall
be to the High Court.
(2) No
appeal shall be allowed under this section unless, within 60 days of the date of
decision or the issue of the certificate,
as the case may be, the appellant
serves upon the Auditor-General a notice of appeal and files such appeal in the
magistrate's court
or the High Court, as the case may be, in conformity with any
relevant rules of court.
(3) A
magistrate's court or the High Court on an appeal under subsection (1) shall
have power to confirm, vary or quash the decision
of the Auditor-General and to
remit the case to the Auditor-General with such directions as it thinks fit for
giving effect to the
decision on appeal; and, if the decision of the
Auditor-General is quashed or is varied so as to reduce the amount of surcharge
to
$200 or less, the appellant shall not be subject by reason of the surcharge
to the disqualification imposed by section 9 (2) or
11(2).
Publication
of report of
Auditor-General
82.
The Pule o Kaupule shall, within 6 weeks of the receipt of the Auditor General's
report under section 75, cause to be published at
the Kaupule office
-
(a ) the annual balance sheet and statement or abstract of accounts prepared under section 71; and
(b) the report on such accounts and statement or abstract received from the Auditor-General under section 75.
PART
VIII
COMMUNITY
DEVELOPMENT TAX AND OTHER RATES
Rating
authority
83.
Every Kaupule shall be the rating authority for its Falekaupule area and no
authority other than the Kaupule shall have power to
make or levy any rate in
that Falekaupule
area.
Types of
rates
84.
(1) A Kaupule, with the express approval of the Falekaupule obtained in the
Falekaupule Assembly, may by resolution make and levy
for each financial year
general rates based on one or more of the following systems -
(a) a rate, to be referred to as the community development tax, at a uniform or graduated amount per capita on all residents of the Falekaupule area of or above the age of 18 years;
(b) a rate, to be referred to as the property tax, at a uniform amount per dollar on the assessed value of immovable property situated within the Falekaupule area; and
(c) a rate, to be referred to as the possessions tax, assessed on the assessed value of the possessions or any category of possessions of residents in the Falekaupule area.
(2)
In addition to making and levying general rates under subsection (1), a Kaupule
may, subject to the approval of the Minister and
to any regulations made under
section 86, and with the express approval of the Falekaupule, by resolution make
and levy a rate, to
be referred to as a special rate, at a uniform or graduated
amount per capita on any person or class of person resident within the
Falekaupule area in order to provide for some specific purpose within that
area.
(3) The power to levy a
property tax under subsection (1)(b) shall be without prejudice to the
provisions of the Landowners Taxation
Act, but a person shall not be liable to
pay tax on immovable property under both that Act and this
Part.
Duty to
make
rates
85.
Unless a formal resolution to refrain from so doing has been passed by the
Kaupule and approved by the Falekaupule and by the Minister,
every Kaupule shall
in every financial year by resolution make and levy one or more of the rates
specified in section 84 (1) so as
to adequately provide for
–
(a) that part of the total estimated expenditure to be incurred by the Kaupule during the financial year which is to be met out of moneys raised by rates; and
(b) any additional amount that is, in the opinion of the Kaupule, needed to cover expenditure previously incurred or to meet contingencies or to cover expenditure which may need to be made before the date on which the money to be received in respect of the next subsequent rate will become available.
Rating
regulations
86.
(1) The Minister may make regulations providing generally for the making and
levying of rates by Kaupule on residents of or persons
temporarily resident in
their respective Falekaupule
areas.
(2) Without affecting the
general powers of subsection (1), regulations under it shall provide in
particular for made,-
(a) the basis and incidence of any rate to be levied under section 84;
(b) the notice to be given by a Kaupule of its intention to make and levy a rate;
(c)the procedure for the appointment of assessment committees appointed under section 97 and the procedure; powers and duties of such committees;
(d)the method of assessment of property or possessions for the purpose of any rate to be levied under this Part;
(e) the hearing of appeals against any such assessment;
(f) the preparation of rating rolls and the rendering of returns by or the registration of persons liable to pay any rate;
(g) the dates and places for the payment of any rate;
(h) the person to whom payment is to be made;
(i) the exemption of any category of persons from liability to pay the whole or any part of any rate; and
(j) the imposition of pecuniary penalties for non-payment or late payment of any rate.
Payment
of
rates
87.
(1) Every resident of a Falekaupule area and every person who has stayed in that
area for a continuous period of 9 months during
the previous financial year
shall be liable to pay any rate made and levy under section
85.
(2) Subject to section 88(1)
and any regulations made under section 86, it shall be the duty of every person
liable to pay any rate
to a Kaupule to pay the amount of such rate to a rate
collector or other person duly appointed or authorised by the Kaupule to collect
and receive the rate at such time and at such place as may from time to time be
specified by the Kaupule by
resolution.
(3) If no person has
been appointed or authorised to collect and receive rates, the payment of rates
shall be made to the Ofisa Teu
Tupe.
(4) If no time or place for
payment of rates has been specified by the Kaupule, the time shall be deemed to
be on or before 30th April
in every year and the place shall be deemed to be the
office of the Ofisa Teu Tupe.
(5)
For the purposes of any proceedings for the recovery of any rate imposed under
this Part, if a question arises as to whether or
not a person is under a
specified age, or resides in any particular Falekaupule area, or has or does not
have income of a particular
amount, the burden of proving that he is under such
age, or does not so reside, or does not have such income shall be upon the
person
alleging the
fact.
Exemption
from and remissions of
rates
88.
(1) If a person who would otherwise be liable under this Part for payment of a
rate in any Falekaupule area produces to the Ofisa
Teu Tupe for that area a
valid receipt issued in respect of another Falekaupule area showing that he has
paid a similar rate which
was levied in that other area for the current
financial year, he shall not to be liable for payment of the rate for such year
levied
in the first mentioned Falekaupule
area.
(2) The following shall be
exempt from assessment and rates under this Part -
(a) lands and buildings used exclusively for the purpose of public worship;
(b) cemeteries and burial grounds;
(c) the Falekaupule building and charitable and educational institutions; and
(d) any other immovable property specifically or generally exempted by the Minister by order.
(3)
A Kaupule may by resolution reduce or remit payment of any rate on account of
the inability of any person liable to pay the rate
or for any other good
reason.
(4) Subject to any
regulations made under section 87 a Kaupule may by resolution exempt any person
from liability to pay any
rate.
Claim for
amount of
rate
89.
(1) Subject to subsection (2), if any person fails to pay any rate for which he
is liable on or before the date on which it is payable,
the Kaupule which levied
the rate may recover the same as a civil debt together with such costs and such
penalty as may be prescribed
by or under this Act or any regulations made under
it.
(2) No demand shall be made
for any rate or penalty nor shall any proceedings for the recovery thereof be
commenced more than 3 years
after the date on which such rate became due and
payable.
Evidence
of
rate
90.
In any proceedings to recover a rate levied under this Part the rate books and
other records of the Kaupule concerned and all certified
copies of entries made
in them purporting to be signed by the Pule o Kaupule shall, upon their
production; be prima facie evidence
of such rate and of the matters so stated,
but any person so proceeded against may adduce evidence to show that the
requirements
of this Act have not been complied
with.
Penalty
for refusal to pay rates and wilful
misrepresentation
91.
(1) A person who, without lawful justification or excuse, the proof of which
shall he on him, refuses or wilfully neglects to pay
any rate payable by him
under this Part shall be liable to a fine of $200 and to imprisonment for 6
months.
(2) A person who, in
connection with an assessment for rates under this Part, wilfully misrepresents
his rateable capacity shall be
liable to a fine of $200 and to imprisonment for
6 months.
(3) The conviction of a
person under subsection (1) shall not prejudice -
(a) the right of a Kaupule under section 89 to bring civil proceedings for the recovery of any rate; and
(b) the power to lay a further charge under subsection (1) for a separate offence of refusal or wilful neglect to pay the rate after the date of the conviction.
Penalty
for inciting a person to refuse to pay
rates
92.
A person who, without lawful justification or excuse, the proof of which shall
lie on him, incites another person to refuse to pay
a rate payable under this
Part or who incites or assists any person to misrepresent in any way his or any
other person's rateable
capacity, shall be liable to a fine of $400 and to
imprisonment for 12
months.
Penalty
for unauthorised collection of
rates
93.
A person who -
(a) not being authorised under this Part or by the Kaupule concerned to do so, collects or attempts to collect any rate imposed under this Part; or
(b) collects or attempts to collect any rate other than a rate prescribed in this Part or authorised by any other Act, shall be liable to a fine of $400 and to imprisonment for 12 months.
Duty
to give
information
94.
(1) A person who is required to do so by or under this Act shall give all such
information as may reasonably be required of him by
any Kaupule, rate collector
or assessment committee for the purpose of obtaining information for the
assessment or collection of
a
rate.
(2) A person who, having
been required to give information under subsection (1), wilfully misleads or
attempts to mislead any Kaupule,
rate collector or assessment committee or any
of their agents on any matter connected with the assessment and collection of a
rate
shall be liable to a fine of $200 and to imprisonment for 6
months.
(3) A person who, having
been required to give information under subsection (1), refuses or wilfully
neglects to give such information
shall be liable to a fine of $200 or, in
default of payment; to imprisonment for 6
months.
Rate
collectors
95.
(1)A Pule o Kaupule, upon a resolution of the Kaupule, may in writing appoint
any suitable person to be a rate collector in respect
of the whole or any part
of the Falekaupule area.
(2) It
shall be the duty of every rate collector -
(a) to furnish in writing to the Kaupule a nominal roll of all rateable persons or immovable property, as the case may be, in the Falekaupule area;
(b) to collect and receive from each person liable for the payment of rates in the Falekaupule area the rates payable by each person;
(c) to pay to the Ofisa Teu Tupe all amounts collected by him; and
(d) to report to the Pule o Kaupule the name of any person who has failed to pay the amount due from him for rates.
Offences
by rate
collectors
96.
A rate collector who -
(a) fails to pay to the Ofisa Teu Tupe any money collected by him as rates;
(b)knowingly demands from any person an amount in excess of the duly assessed rates;
(c) knowingly or recklessly renders false returns, whether orally or in writing; of the number of rate payers or of the amount of rates collected or received by him; or
(d) wilfully fails to carry out any duty imposed upon him as a rate collector by section 95(2)shall be liable to a fine of $400 and to imprisonment for 12 months.
Assessment
committees
97.
(1) A Kaupule may, in accordance with regulations made under section 86, appoint
one or more assessment committees for the purpose
of assessing the liability of
any person or persons for payment of any rate levied or to be levied under this
Part (2) The procedure,
powers and duties of an assessment committee appointed
under subsection (1) shall be governed by regulations made under section
86.
Legal
proceedings
98.
Proceedings for the recovery of any rate or penalty under this Part may, without
prejudice to the right of any other person or authority
to institute criminal
proceedings, be taken by the Pule o Kaupule of the Kaupule responsible for the
collection of the rate or by
any other person duly appointed by him in that
behalf.
PART
IX
OFFICERS AND
STAFF OF KAUPULE
Appointed
officers
99.
(1) Every Kaupule shall have, and shall in accordance with this Part appoint
persons to the following permanent offices -
(a) Kaupule Secretary (Failautusi ote Kaupule);
(c) Kaupule Treasurer (Ofisa Teu Tupe);
(d) Community Planning and Development Officer (Ofisa o Map);
(e) Kaupule Clerk (Kilaaki);
(f) Women's Community Worker (Ofisa o Fafine).
(2)
If the circumstances in a particular Falekaupule area so justify, one or more of
the offices listed in subsection (1) may be
combined.
(3) The functions of
each of the offices listed in subsection (1) shall be as specified by the
Minister by notice after consultation
with each
Falekaupule.
(4) The
qualifications required by holders of each of the offices listed in subsection
(1) shall be as determined by the Minister,
in consultation with each
Falekaupule.
Other
staff
100.
(1) Subject to subsection (2), a Kaupule may, in addition to appointing officers
under section 99, appoint such other officers and
employ such other persons,
either on a temporary or a permanent basis, as it thinks necessary for the
performance of its functions
and those of the Falekaupule under this
Act.
(2) Before creating any new
permanent post, the Kaupule shall obtain the express approval of the Falekaupule
for the creation of the
post.
Procedure
for
appointments
101.
(1) The approval of the Falekaupule shall be obtained in the manner prescribed
in this section before any person is appointed as
a permanent officer of a
Kaupule or employed by a Kaupule on a permanent
basis.
(2) A vacancy for a post as
a permanent officer or for other permanent employment with a Kaupule shall be
filled as follows -
(a) the Failautusi ote Kaupule shall advertise the post as widely as possible in the Falekaupule area and invite applications from suitably qualified persons;
(b) the Pule o Kaupule shall send a list of all qualified applicants for the post to the Ulu Aliki who shall arrange for the Falekaupule to consider the applications within 30 days and list them in order of preference;
(c)subject to paragraph (d), the Pule o Kaupule shall, upon a resolution of the Kaupule, appoint a person to fill the post from among the persons listed under paragraph (b); and
(d) if the Kaupule does not consider any of the applicants listed under paragraph (b) to be suitable; the Failautusi ote Kaupule shall advertise the vacancy throughout Tuvalu and the procedure prescribed in paragraphs (b) and (c) shall be repeated.
(3)
The procedure for filling a vacancy other than one to which subsection (2)
applies shall be governed by the relevant Staff Guidelines
or, if no relevant
guidelines have been issued, as determined by the Kaupule, provided that all
persons who might be qualified for
the post have an opportunity to
apply.
Appointment
of seconded public
officers
102.
(1) Notwithstanding the other provisions of this Part, a Pule o Kaupule may,
with the approval of the Minister and upon a resolution
of the Kaupule, appoint
to any permanent office or employ on a permanent or temporary basis a public
officer seconded to the service
of the Kaupule for that purpose, for such period
and on such terms and conditions as the Minister may
approve.
(2) A public officer
seconded to the service of a Kaupule under subsection (1) remains a public
servant for purposes of salary, seniority,
pension and civil service discipline,
but is answerable to the Kaupule for the performance of his functions and has a
duty of confidentiality
towards the
Kaupule.
Joint
appointments and
employment
103.
Subject to section 101 (as to the role of the Falekaupule) a Kaupule may enter
into an agreement with one or more other Kaupule for
the joint appointment of
any officer or the joint employment of any staff, including the joint
appointment or employment of a seconded
public
officer.
Status
of Kaupule officers and
employees
104.
(1) Except for seconded public officers, persons appointed or employed by a
Kaupule shall not have the status of public officers
for purposes of the Public
Service Act and, subject to subsection (2), Government Administrative Orders
shall not apply to them.
(2) The
terms and conditions of service of Kaupule officers and employees and matters of
discipline with regard to them shall be governed
by Staff Guidelines, or, if no
relevant guidelines have been issued, by Government Administrative Orders to the
extent that those
orders can conveniently
apply.
Interest
of officer in
contract
105.
(1) Subject to subsection (2), no officer or employee of a Kaupule may be in any
way concerned or interested directly or indirectly,
by himself or by a partner
(otherwise than as a minority shareholder in a company), in any contract made
with or work executed for
the
Kaupule.
(2) This section shall
not apply to an interest in a contract or other work which an officer or
employee of a Kaupule may have as
a ratepayer or inhabitant of the
area.
(3) A breach of subsection
(1) shall amount to a disciplinary offence, but shall not attract a criminal
penalty or any civil
liability.
Accountability
of
officers
106.
(1) Every officer appointed or other person employed by a Kaupule; whether under
this or any other Act, shall at such times and in
such manner as the Kaupule
directs, during the continuance of his office or employment or within 3 months
after his ceasing to hold
it, provide to the Kaupule -
(a) a written account of all money and property committed to his charge and of his receipts and payments, with vouchers and other documents and records supporting the entries in it; and
(b) a list of persons from whom or to whom money is due in connection with his office, showing the amount due from or to each person.
(2)
Every officer appointed or other person employed by a Kaupule shall pay all
money due from him to the Kaupule to the Ofisa Teu
Tupe.
(3) If an officer to whom
this section applies -
(a) refuses or wilfully neglects to make any payment which he is required by this section to make; or
(b) after 3 days notice in writing signed by the Pule o Kaupule or by 3 members of the Kaupule and given to him or left at his usual or last known place of residence, refuses or wilfully neglects to provide to the Pule o Kaupule any account or list which he is required by this section to provide, or to produce any relevant voucher or other document or record,
a
magistrate's court shall, on complaint by the Pule o Kaupule, make such order
for payment or production and such other and ancillary
orders within the civil
jurisdiction of the court as will do justice in the
case.
(4) A person who fails to
comply with an order of a magistrate under subsection (3) shall be liable to a
fine of $200 and to imprisonment
for 6
months.
(5) Nothing in this
section shall affect the right of any person or body to seek any remedy by
action against any officer or employee
of a Kaupule, except that the officer or
employee shall not be both sued by action and proceeded against under this
section for the
same
cause.
Powers
of interdiction and
dismissal
107.
(1)In accordance with any relevant Staff Guidelines, the Pule o Kaupule may
interdict any officer or employee of the Kaupule from
the duties and emoluments
of his office or employment on the grounds of incapacity, neglect of duty or
misconduct, pending a decision
of the Kaupule as to the removal of the officer
or employee.
(2) Where an officer
or employee of a Kaupule who has been interdicted under subsection (1) is
removed from office under subsection
(3), such officer or employee shall be
deemed to have been removed from office or employment as from the date of the
interdiction.
(3) In accordance
with any relevant Staff Guidelines, a Kaupule may by resolution, for sufficient
cause, and after giving the officer
or employee an opportunity to be heard,
dismiss any officer or employee from its service or impose such other penalty as
may be specified
in the
guidelines.
(4) A person dismissed
or otherwise disciplined under subsection (3) may appeal to the Falekaupule
against the decision of the Kaupule
and the Falekaupule shall hear the appeal
within 30 days and may confirm, reverse or vary the decision, but not so as to
impose a
greater
penalty.
Salaries
108.
(1) The salaries, allowances and other emoluments payable to permanent officers
and other permanent employees of a Kaupule shall
be in line with those specified
in the relevant Staff
Guidelines.
(2) Where no relevant
Staff Guidelines have been issued in respect of any office or employment of a
Kaupule, the salary, allowances
and other emoluments of the post shall be as
determined by the Kaupule, but subject to the express approval of the
Falekaupule.
Staff'
Guidelines
109.
(1) The Minister may, after consultation with each Falekaupule, issue written
Staff Guidelines in the Tuvalu language relating to
the discipline and
conditions of service of officers and employees of
Kaupule.
(2) Staff Guidelines
issued under subsection (1) may apply either generally or to any particular
Kaupule, and either to all or to
particular offices or
employment.
(3) Guidelines issued
under subsection (1) shall be observed by all Kaupule to whom they apply and
where terms and conditions of service
are specified in such instructions in
respect of any office or employment, a Kaupule may only appoint or employ a
person on those
terms and conditions unless for sufficient cause it otherwise
resolves.
(4) Without affecting
the general powers of subsection (1), guidelines issued under it
may-
(a) set guidelines for maintaining discipline, including withholding or deferring of increments, or reduction in rank or salary, or deductions from salary in respect of damage to or loss of property of the Falekaupule or Kaupule by misconduct or breach of duty;
(b) provide for interdiction, suspension from duty, dismissal and other disciplinary measures;
(c) specify the method of appointments not covered by section 102, the duration of appointments, and the principles for promotion, for acting appointments, and for termination of appointments;
(d) specify the remuneration payable and the rates of any allowances and gratuities which may be granted to officers and employees of Kaupule, the conditions to be attached to such allowances and gratuities, and the method of their payment;
(e) specify other benefits, including leave, housing, and medical and educational allowances which may be granted;
(f) provide for and set guidelines on such other matters relating to the duties and responsibilities of officers and employees of Kaupule, including public officers seconded to the service of Kaupule, as the Minister considers can best be provided for and governed by such guidelines.
Protection
of Kaupule members, officers and
employees
110.
No Ulu Aliki and no member, officer or employee of a Kaupule shall be personally
liable for any act done or omitted by the Falekaupule
or Kaupule or any member,
officer or employee of the Kaupule in good faith in pursuance or intended
performance of the statutory
functions of the Falekaupule or of the
Kaupule.
PART
X
LEGAL
PROVISIONS
Notice of
action to be given by
plaintiff
111.
(1) Any person intending to bring an action against a Kaupule shall, at least
one month before commencing such an action, give notice
to the Pule o Kaupule,
either by himself or his agent, of his intention to do
so.
(2) A notice under subsection
(1) shall state the cause of action, the name and address of the intending
plaintiff and the relief
which he
claims.
(3) Any person seeking
legal redress for any act or omission of a Falekaupule in respect of its
statutory functions shall bring proceedings
against the Kaupule as agent for the
Falekaupule.
Limitation
of action against
Kaupule
112.
If an action is commenced against a Kaupule -
(a) for anything done in performance or intended performance of its statutory functions or those of the Falekaupule or in exercise or intended exercise of any lawful power, or
(b) in respect of any alleged neglect or default in the performance of such functions or exercise of such power,
the
action must be commenced within 12 months of the act, neglect or default
complained of or, if the damage or injury is continuing,
within 12 months after
it
ceases.
Appearance
of Kaupule in legal
proceedings
113.
In any prosecution by or on behalf of a Kaupule and in any civil cause or matter
in which a Kaupule is a party the Kaupule may be
represented by any member,
officer or employee duly authorised in that behalf by the
Kaupule.
Mode
of service on
Kaupule
114.
(1) Subject to subsection (2), the notice referred to in section 111 and any
summons, notice or other document authorised to be served
on a Kaupule in
connection with any suit by or against a Kaupule shall be served by delivering
it to or sending it by registered
post addressed to the Pule o Kaupule at the
Kaupule office.
(2) The court may
with regard to any particular suit or document order service on a Kaupule to be
effected otherwise than as specified
in subsection (1) in which case service
shall be effected in accordance with such
order.
Description
of
property
115.
Wherever in any legal process or proceeding it is necessary to refer to the
ownership or description of property belonging to or
under the management of a
Falekaupule or a Kaupule, such property may be described as the property of the
Falekaupule or of the Kaupule
as the case may
be.
Name of
Kaupule need not be
proved
116.
In any proceedings instituted by or against a Kaupule it shall not be necessary
to prove the corporate name of the Kaupule or its
constitution or area of
authority.
Onus
of proof in certain
cases
117.
Where in any proceedings under this Act a person who is summoned or otherwise
dealt with as the occupier of any premises alleges
that he is not the occupier,
the burden of proving such allegation shall lie upon that
person.
Powers
of
entry
118.
Subject to this or any other Act, a member, officer or servant of a Kaupule duly
authorised in writing for the purpose by the Pule
o Kaupule may, at all
reasonable times and, if required, upon production of his authority, enter into
or upon any land, buildings
or premises within the Falekaupule area for the
purpose of making any inspection or inquiry or executing any works authorised
under
this Act or under a regulation, bye-law or order made under
it.
Publication
of
notices
119.
Unless expressly provided otherwise, any notice or other document required by
this Act to be published shall be deemed to be duly
published if it is exhibited
on the notice board or in some conspicuous place at the Kaupule
office.
Authentication
and execution of
documents
120.
(1) Every notice, order or other document requiring authentication by a Kaupule
shall be sufficiently authenticated if signed by
the Failautusi ote Kaupule, by
the Pule o Kaupule or by any other officer or member of the Kaupule duly
authorised by the Kaupule
by
resolution.
(2)Any contract or
instrument which, if entered into or executed by an individual would not need to
be under seal, may be entered
into or executed on behalf of a Kaupule by any
person generally or specifically authorised by the Kaupule for that
purpose.
(3) Any document
purporting to be a document duly executed or issued under the seal of a Kaupule
or on behalf of a Kaupule shall,
unless the contrary is proved, be deemed to be
a document so executed or issued, as the case may be.
PART
XI
MISCELLANEOUS
Falekaupule
Assembly
121.
(1) There shall in March each year and at 3-monthly intervals throughout the
year be held in the Falekaupule on each island in Tuvalu
an assembly of all
residents of the Falekaupule area aged 18 years and over, at which the following
shall be discussed -
(a) at every assembly, a report from the Pule o Kaupule on the activities and finances of the Kaupule for the preceding 3 months;
(b) at the March assembly; the Kaupule budget for the following year as submitted by the Pule o Kaupule under section 64, including any proposal with regard to rates;
(c) progress on implementation of the local development plan for the island;
(d) such other matters as the Ulu Aliki and the Pule o Kaupule agree can conveniently be discussed in the assembly;
(e) any matter which the Minister requests should be discussed in the assembly; and
(f) any matter which a majority of the persons entitled to vote in the Falekaupule resolves should be discussed in the assembly.
(2)
If a two-thirds majority of the persons entitled to vote in the Falekaupule so
requests, the Ulu Aliki shall convene an additional
assembly as described in
subsection (1) to discuss such matters as may be specified in the
request.
Local
Development
Plan
122.
(1) There shall be for each Falekaupule area a local development plan which will
set out programmes and priorities for social and
economic developments for that
area.
(2) A draft local
development plan shall be submitted by the Pule o Kaupule to the Ulu Aliki for
discussion at the first Falekaupule
Assembly after this Act comes into force and
shall; subject to any amendments by the Falekaupule, be adopted as the local
development
plan for that Falekaupule
area.
(3) The local development
plan shall be reviewed by the Falekaupule Assembly each year in accordance with
section 121.
(4) The Minister may,
after consultation with each Falekaupule; issue guidelines for the formulation
of local development
plans.
Determination
of domicile and
age
123.
(1) Where for the purposes of registration of voters under Part III or the
imposition or collection of rates under Part VIII any
question arises as to the
place of domicile or age of any person, the place of domicile or age shall be
determined, as regards the
registration of voters, by the officer appointed to
compile or revise the register of voters concerned and, as regards the
imposition
or collection of rates, by the rate collector
concerned.
(2) In determining the
age or place of domicile of a person under subsection (1), the officer or rate
collector concerned shall determine
the age to be the person's apparent age and
the place of domicile to be the person's place of birth, unless the person shows
to the
satisfaction of the officer or rate collector that his age is other than
his apparent age or that his place of domicile is not the
place where he was
born, as the case may be.
(3) Any
question as to the age of any person arising out of the application of any
provision of this Act or of any regulation or bye-law
made under it shall be
determined, in the manner specified in this section, by the person authorised to
do so in the provision.
(4) A
person who is aggrieved by a determination made under this section may appeal to
the Minister, whose decision shall be
final.
Transfer
of powers of public officers to
Kaupule
124.
(1) Where the Minister considers that the powers and duties of any public
officer can appropriately be exercised or performed by
a Kaupule, he may, after
consultation with the Pule o Kaupule, by order confer those powers and impose
those duties on the Kaupule,
which may in turn authorise or require any officer
or employee of the Kaupule to exercise or perform
them.
(2) Powers and duties
transferred to a Kaupule under subsection (1) are declared to be additional
statutory functions of that
Kaupule.
Procedure
for
consultation
125.
(1) Any consultation between the Minister and a Falekaupule under this Act shall
be conducted in the first instance thou<,2h the
Pule o Kaupule of each
island, who shall in turn liaise with the Ulu Aliki as regards the convening of
a meeting of the Falekaupule
if
appropriate.
(2) Where this Act
requires the approval of the Falekaupule to be obtained before action is taken
by the Kaupule, it shall be the
responsibility of the Pule o Kaupule to liaise
with the Ulu Aliki to ensure that the matter is discussed in the
Falekaupule.
(3)It shall be the
duty of the Pule o Kaupule on each island to supply the Minister with any
information he may reasonably require
in relation to the provisions of this
Act.
Obstruction
of officers,
etc.
126.
A person who -
(a) wilfully obstructs any Ulu Aliki or Pule o Kaupule or any member, officer or servant of a Kaupule in the performance of the statutory functions of the Falekaupule or of the Kaupule; or
(b) being the occupier of any premises, prevents the owner of them from complying with any requirements of a Kaupule or of any officer or employee of a Kaupule in performance of the statutory functions of the Kaupule,
shall
be liable to a fine of $100 and to imprisonment for 3
months.
Penalty
for unqualified person sitting or
voting
127.
(1) A person who -
(a) sits or votes in the Kaupule, having been appointed or elected when not qualified to be so; or
(b) sits or votes in a Kaupule after his seat has become vacant or he has become disqualified from sitting or voting in the Kaupule, knowing, or having reasonable grounds for knowing, that he was not qualified or that his seat has become vacant, or that he is disqualified, as the case may be,
shall
be liable to a penalty of $20 for every day upon which he so sits or
votes.
(2) A penalty imposed under
subsection (1) shall be recoverable as a civil debt by the Kaupule
concerned.
General
penalty
128.
(1) A person who is convicted of an offence under this Act for which no other
penalty is expressly provided shall be liable to a
fine of $100 or, in default
of payment, to imprisonment for 3 months, and, in the case of a continuing
offence, a further penalty
of $10 for each day on which the offence is continued
after written notice of the offence has been served on the
offender.
(2) In addition to any
penalty imposed under subsection (1), any expense incurred by a Falekaupule or
Kaupule in consequence of the
commission of an offence under this Act shall be
paid by the person committing the offence and shall be recoverable as a civil
debt
by the Kaupule on its own behalf,, or on behalf of the Falekaupule, as the
case may be.
Regulations applying
within Falekaupule
area
129.
The Minister may, after consultation with each Falekaupule, make regulations
applying to all Falekaupule areas or to a particular
Falekaupule area for the
better carrying into effect of the provisions of this Act and may in such
regulations prescribe a penalty
not exceeding a fine of $500 or b months
imprisonment for a breach of the
regulations.
Crown
rights
130.
Unless expressly provided otherwise, nothing in this Act shall affect
prejudicially any estate, right, privilege or exemption of
the
Crown.
Repeal
and
saving
131.
(1) Subject to subsection (2), the Local Government Act shall be repealed on the
date the whole of this Act comes into
force.
(2) If the Minister
appoints different dates for the coming into force of different provisions of
this Act, the provisions of the
Local Government Act shall be progressively
repealed corresponding to the provisions brought into force by the
Minister.
(3) All bye-laws,
regulations, orders, instructions, notices and appointments made or issued under
provisions of the Local Government
Act shall be deemed to have been made under
the corresponding provisions of this Act and shall, with necessary
modifications, remain
in effect until revoked or amended under this
Act.
(4) Any regulations or
bye-laws made under provisions of the Local Government Act in respect of which
there are no corresponding provisions
in this Act shall, with necessary
modifications, remain in effect as though they had been made under this section
and may be amended
or revoked under this
subsection.
(5) Any reference in
any written law in force immediately before the commencement of this Act to a
local government council or to
a president, executive officer or other officer
of such a council shall be read and construed as if it were a reference to a
Kaupule,
a Pule o Kaupule, a Failautusi ote Kaupule or other officer of a
Kaupule respectively, and every reference to a council fund shall
be read and
construed as a reference to a Kaupule fund.
---------------------------------------------
SCHEDULE l
(Section 4 (1))
FALEKAUPULE
(in alphabetical order)
|
Name
|
Area
of Authority
|
Number
of
Elected
Members of Kaupule |
|
Falekaupule
o Funafuti
|
Funafuti
atoll
|
6
|
|
Falekaupule
o Nanumaga
|
Nanumaga
atoll
|
6
|
|
Falekaupule
o Nanumea
|
Nanumea
|
6
|
|
Falekaupule
o Niutao
|
Niutao
and Niulakita atoll
|
6
|
|
Falekaupule
o Nui
|
Nui
atoll
|
6
|
|
Falekaupule
o Nukufetau
|
Nukufetau
atoll
|
6
|
|
Falekaupule
o Nukulaelae
|
Nukulaelae
atoll
|
6
|
|
Falekaupule
o Vaitupu
|
Vaitupu
atoll
|
6
|
SCHEDULE 2
(Section 7(1))
COMMON SEALS OF KAUPULE
|
Name
|
Description
|
|
Kaupule
o Funafuti
|
A Falekaupule building on a
line representing land, with wavy lines underneath representing the sea,
surrounded by 8 pairs of banana
leaves and mitre shells in the shape of a
shield, the whole surrounded or accompanied by the words
"Kaupule o
Funafuti".
|
|
Kaupule
o Nanumaga
|
The like emblem, surrounded
or accompanied by the words
"Kaupule o
Nanumaga".
|
|
Kaupule
o Nanumea
|
The like emblem, surrounded
or accompanied by the words
"Kaupule o
Nanumea".
|
|
Kaupule
o Niutao
|
The like emblem, surrounded
or accompanied by the words
"Kaupule o
Niutao".
|
|
Kaupule
o Nui
|
The like emblem, surrounded
or accompanied by the words
"Kaupule o
Nui".
|
|
Kaupule
o Nukufetau
|
The like emblem, surrounded
or accompanied by the words
"Kaupule o
Nukufetau".
|
|
Kaupule
o Nukulaelae
|
The like emblem,
surrounded
or accompanied by the words
"Kaupule o
Nukulaelae".
|
|
Kaupule
o Vaitupu
|
The like emblem, surrounded
or accompanied by the words
"Kaupule o
Vaitupu".
|
SCHEDULE 3
(Section 40)
FUNCTIONS OF FALEKAUPULE
(Note:
Where an Act is mentioned in the Schedule, the function of the Falekaupule is to
be performed in conjunction with any other authority
empowered to implement the
Act.)
1.
Agriculture, Livestock and Fisheries
(a) to provide services for the improvement of agriculture;
(b) to control plant diseases, weeds and pests in accordance with the Plants Act;
(c) to control or exterminate insect, animal or other pests detrimental to crops;
(d) to control by bye-laws methods of husbandry;
(e) to regulate by bye-laws areas and methods of planting and types of crops and trees;
(f) to provide services for the improvement of livestock;
(g) to prohibit, restrict or regulate by bye-laws the movement of livestock in or through the Falekaupule area;
(h) to prohibit, restrict and regulate by bye-laws the keeping of livestock of any description;
(i) to establish; maintain and control pounds, seize and impound any stray animal and provide by bye-laws for the payment of compensation for damage done by any such animal;
(j) to prohibit cruelty to animals and any specified acts of cruelty to animals in accordance with the Animals (Control of Experiments) Act;
(k) to establish, erect, maintain and control slaughter houses;
(l) to provide for the control, destruction and licensing of dogs in accordance with the Dogs Act;
(m) to prevent and control the outbreak or the prevalence of any disease among animals in accordance with the Quarantine Act;
(n) to provide for the improvement and control of fishing and related industries in accordance with the Fisheries Act;
(o) to prohibit, restrict or regulate the hunting, capture, killing or sale of animals, reptiles, birds or fish in accordance with the Wildlife Conservation Act.
2.
Building and Town or Village Planning
(a) to regulate and control by bye-laws the erection and construction, demolition, re-erection and reconstruction, conversion and re-conversion, alteration, repair, sanitation and ventilation of public and private buildings and structures;
(b) to provide by bye-laws for building lines and the layout of buildings:
(c) to make advances, upon such conditions as may be approved by the Minister, for the purpose of enabling persons to build or buy dwelling-houses;
(d) to prepare and undertake by means of bye-laws control schemes for improved housing layouts and settlements;
(e) to prescribe the conditions to be satisfied by a site for any building or for any class of building;
(f) to prohibit by bye-laws the construction of any new building unless and until the approval of the Kaupule has been obtained;
(g) to provide for the demolition of dangerous buildings and for the recovery of any expenses incurred in connection with such demolition;
(h) to prohibit or regulate by bye-laws the use in any defined area of any inflammable material in the construction or repair of any building;
(i) to build; equip and maintain social or sporting centres; public libraries and museums, communal feeding centres, restaurants, rest houses, or buildings designed and used for public or educational purposes;
(j) to build, equip, maintain and let shops;
(k) to prohibit or regulate by bye-laws the making of pulaka pits or other excavations;
(l) to control and regulate by bye-laws the siting of advertisements and hoardings or other structures designed for the display of advertisements,
(m) to regulate by bye-laws the use of natural building and construction materials;
(n) to establish, erect and maintain public monuments and to make collections of money towards the establishment or maintenance of them;
(o) to restrict by bye-laws the use of barbed wire and the use of broken glass or the like on fences and walls;
(p) to name streets and public places;
(q) to lay out and adorn any public place by any architectural scheme or ornamentation, including the erection of statues, fountains or other structures.
3.
Education
(a) to build, equip, maintain or manage any kindergarten primary school or any other class of school approved by the Minister;
(b) to grant sums of money towards the establishment, equipment or maintenance of any primary school or any other class of school approved by the Minister;
(c) to grant and maintain scholarships or bursaries to persons resident in the Falekaupule area to attend any school or other educational institution in Tuvalu or elsewhere;
(d) to supervise the compulsory education of children or specified categories of children between the ages of 5 and 15 years in accordance with the Education Act;
(e) to grant sums of moneys towards the establishment or maintenance of any public library or museum or to any association existing for the promotion of arts and crafts, or recreation and sport, or educational purposes generally.
4.
Forestry and Trees
(a) to establish, preserve, maintain, improve and control tree nurseries, forests and woodlands and to sell the produce from them;
(b) to plant and tend trees in, and remove trees from any public place.
5.
Land
(a) to prevent and control erosion of land by the sea or other cause;
(b) to provide for the fencing of land and for the maintenance and repair of such fencing;
(c) to engage in and promote the reclamation of land from the sea on behalf of the Crown, in accordance with the Foreshore and Land Reclamation Act.
6.
Relief of Famine and Drought
(a) to regulate by bye-laws the areas and methods of planting and types of crops in areas which are liable to drought or famine;
(b) in time of famine or drought to provide or arrange for the provision of appropriate relief.
7.
Markets
(a) to build, equip, open, close and maintain markets;
(b) to prohibit by bye-laws the erection of stalls in places other than markets, and to prevent by bye-laws the sale and purchase of goods or stock near established markets;
(c) to regulate and control markets by bye-laws, including the fixing of and collection of stallage, rents and tolls;
(d) to fix by bye-laws the days and hours during which a market may be held and to prevent the sale and purchase of goods in markets at any other time.
8.
Public Health
(a) to safeguard and promote public health, including preventing and dealing with any outbreak or the prevalence of any disease, in accordance with the Public Health Act;
(b) to regulate by bye-laws the number of persons permitted to reside in a building or room of any particular size; construction or design;
(c) to build, equip, and maintain, or grant sums of money towards the building, equipment or maintenance of any health centre or clinic or other medical institution approved by the Minister;
(d) to build, equip and maintain; or grant sums of money towards the building, equipment or maintenance of any institution or settlement approved by the Minister for the aged, destitute or infirm or for orphans or lepers;
(e) to exterminate and prevent the spread of mosquitoes, rats; bugs and other vermin,
(f) to establish and operate ambulance services or to make grants towards such services approved by the Minister;
(g) to establish, maintain and carry out services for the removal and destruction of, or otherwise dealing with, all kinds of rubbish, refuse or excreta and by bye-laws to require householders to contribute to such services;
(h) to prohibit by bye-laws activities detrimental to the sanitary condition of the Falekaupule area or any part of it;
(i) to provide, erect and maintain a public water supply, and impose water rates in accordance with the Water Supply Act;
(j) to establish, maintain and control public wells, springs, bathing places, wash houses and swimming pools;
(k) by bye-laws to regulate or prohibit the sinking of wells and provide for the closing of wells;
(l) to prevent the pollution of any water, and by bye-laws to prevent access to any polluted source of water;
(m) by bye-laws to regulate the production or preparation for sale and sale of foodstuffs, and to provide for the inspection of such foodstuffs and the places or premises used for their production, preparation or sale;
(n) to establish, maintain and by bye-laws control cemeteries or burial grounds;
(o) to provide for the cleaning and clearing of any public place.
9.
Public Order, Peace and Safety
(a) to assist the police in controlling any act or conduct likely to cause a riot or disturbance and in suppressing any breach of the peace;
(b) to prohibit, regulate or restrict the carrying or possession of weapons in accordance with the Arms and Ammunition Act:
(c) to prevent, abate and control fires;
(d) by bye-laws to prohibit, control and restrict the storage of inflammable or offensive materials in specified areas;
(e) to regulate by bye-laws the services of guides, porters and carriers;
(f) to prevent and remove public nuisances;
(g) to control by bye-laws the movement of beggars and vagrants in public places;
(h) to regulate and control by bye-laws public collections in public places.. (i) by bye-laws to prohibit or restrict hawking, and to license hawking in accordance with the Licences Act;
(j) to control by bye-laws the movement of children and young persons in public places during the hours of darkness;
(k) to prohibit or restrict by bye-laws the drinking of alcohol in public places other than licensed premises.
10.
Communications and Public Utilities
(a) to make, alter, divert and maintain roads, streets, parking areas, paths, culverts; causeways, bridges, drains and water-courses;
(b) to provide or arrange for lighting in public places and to provide, construct and maintain an electricity supply in conjunction with the Tuvalu Electricity Corporation,
(c) to make, alter and maintain wharves and jetties:
(d) to make, alter and maintain aerodromes on behalf of the Government, in accordance with the Aerodromes and Air Navigation Aids Act.
(e) to provide postal and wireless telegraphic services in conjunction with the Government and the Tuvalu Telecommunications Corporation and in accordance with the Post Office Act and the Telecommunications Act respectively,
(f) to erect and maintain navigational aids in conjunction with the Government and in accordance with the Harbours Act:
(g) to establish, acquire and maintain transport services by land or water, including ferries;
(h) by bye-laws to prohibit, restrict or control the access of motor traffic to any road or parking area maintained by the Falekaupule and to impose speed limits in respect of any road maintained by the Falekaupule in accordance with the Traffic Act,
(i) to administer the licensing of bicycles in accordance with the Traffic Act;
(j) to regulate or prohibit by bye-laws the planting, cutting or destruction of any trees or vegetation growing along any street, road, path or in any public place;
(k) to provide by bye-laws that the owners or occupiers of any land or premises maintain, clear and keep free from vegetation and rubbish such land or premises and the roads, streets, paths or public places adjoining them;
(l) to prevent damage or obstruction to any roads; streets, paths, or open spaces maintained by the Falekaupule.
11.
Trade and Industry
(a) to establish, maintain and control collection centres, storage depots and processing services for agricultural produce;
(b) to provide by bye-laws for the control, regulation, inspection, [illegible] supervision and licensing of places of entertainment [illegible] lodging and eating-houses [illegible] or business is carried [illegible];
(c) to prescribe by by-laws [illegible] or industry may be carried [illegible].
12.
Miscellaneous
(a) to establish, maintain and provide information and publicity [illegible];
(b) to require the marriage, birth or death of person within the Falekaupule area to be reported to or registered with the Kaupule and to appoint registration officers for such purposes in accordance the Marriage Act and the Death and Fire Inquiries Act;
(c) to promote and regulate the development of an arts and crafts industry;
(d) to protect and preserve the traditional culture of the Falekaupule area, and by bye-laws to prohibit or control the removal from it of any antique artefact;
(e) to establish and manage, and by bye-laws to regulate, recreation grounds, open spaces and parks;
(f) in conjunction with the Government to provide for and grant sums of money towards the maintenance and welfare of children and young persons and of the aged, destitute or infirm;
(g) to fix tariffs or charges for services rendered in connection with the performance of any of the functions of the Falekaupule;
(h) to perform any other function, whether similar to those set out in this Schedule or not, conferred upon the Falekaupule by the Minister in writing after consultation with the Falekaupule.
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FALEKAUPULE
ACT 1997
(Act no 8 of 97)
Explanatory
Memorandum
(This memorandum is not
part of this Act)
1.
Under the Local Government Act (Cap. 19), local government councils are
established on each island of Tuvalu and made predominantly
responsible for
running the islands affairs. The role of the "Falekaupule" (or council of
elders) on each island is limited to electing
a President for the local council.
The main purpose of this Act is to give further and comprehensive statutory
recognition for the
"Falekaupule" and to vest in them greater control over the
activities and affairs of the islands by transferring to them the functions
of
the local government councils and making them more responsible for each island's
affairs A second purpose of the Act is to confer
greater autonomy on the islands
in the conduce of their affairs, as regards finance, staff and decision-making
generally.
2.
To give the council of elders more responsibility for the affairs of each island
the Act –
a) establishes 8 Falekaupule with areas of authority corresponding to the island:, of Tuvalu (see section 4 and Schedule 1); (Falekaupule is the Tuvaluan word for a council of elders.)
b) confers on the Falekaupule the functions at present conferred on local government councils (see section 40 and Schedule 3);
c) incorporates the elected councils as Kaupule but makes them the agents or executive arms of the Falekaupule - (see sections 6 and 39); and
d) requires the Kaupule to obtain the approval of the Falekaupule before making various decisions - see e.g. making bye-laws (section 54); adopting a budget (section 64); levying rates (section 84(1)); appointment of permanent staff (section 101); acceptance of gifts (section 42); and investment of funds (section 70).
3.
To achieve greater autonomy for the
islands, the Act -
a) empowers Kaupule to employ their own staff, rather than having Government officers working for them - (see Part IX); and
b) gives more financial resources to the Kaupule - (see section 58).
4.
The Act retains certain powers for the
Minister so that a degree of uniformity can
be
maintained in such matters as
salaries, rates etc. In most cases, however, the
Minister's
powers can only be
exercised after consultation with the Falekaupule (see e.g. sections 31, 72 and
109).
5.
The Act retains the existing composition of Kaupule i.e. 6 members elected by
voters on each island (section 8), and the existing
procedure for the election
of a president of the Kaupule (section l8). The post of president is renamed as
Pule o Kaupule and the
holder is given the function of liaising with the
Minister on the one hand and with the head of the Falekaupule (called either a
"Tupu", "Ulu Aliki", "Ulu Fenua" or "Pule Fenua") on the other - (see section
125).
6.
Many of the existing provisions of the Local Government Act are retained but the
language has been modernised and simplified and
the opportunity has been taken
to clarify some provisions. See the provisions relating to qualification of
Kaupule members (sections
9 to 12), qualifications for voting (sections 14 to
16), the conduct of meetings (sections 21 to 34), the appointment of committees
(sections 35 to 38), the legal powers of Kaupule (sections 41 to 52), the role
of the Auditor-General (sections 73 to 82), the assessment
and collection of
rates (sections 83 to 98) and legal provisions generally (sections 111 to 120).
The maximum fines for offences
have been doubled, in line with inflation since
they were originally
prescribed.
7.
Some provisions of the Act are new but essentially technical for example. those
relating to the functions of the Pule o Kaupule (section
19), standing
committees (section 36), the acquisition of land (section 48), the procedure for
appointments (section 102), the status
of Kaupule officers and employees
(section 104) and the payment of salaries (section 108) There are however two
significant innovations.
Section 121 provides for an annual Falekaupule Assembly
of all adults on an island, not limited to the elders. This will consider
the
annual budget, including rating proposals and any other matters brought up to
it. Section 122 gives statutory recognition to
the local development plan for
each island , on the basis of which development funds can be made available not
only from the Government
but from
overseas.
8.
The Act provides for the progressive
repeal of the Local Government Act (section 131) and makes various saving and
transitional provisions
- for example as to council property and staff (section
6(2)), as to the elected members (section 17), and as to existing regulations
and bye-laws (subsections 131(3)-(5)).
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