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act 017 of 1863 : Municipal Commissioners Straits Settlements Act, 1863

Municipal Commissioners Straits Settlements Act, 1863

ACTNO. 17 OF 1863
03 October, 1863
Not in force in India
Passed by the Governor-General of India in Council.

(Received the assent of the Governor-General on the 10th March 1863.)

PREAMBLE

An Act to authorize the extension of the term of Office of the Municipal Commissioners in the Settlement of Prince Wales' Island, Singapore, and Malacca.

Whereas it is expedient that the term of Office of the Municipal Commissioners in the Straits' Settlement should be extended it is enacted as follows:

Section 1. Section repealed

Section XIX of Act XXYII of 1856 (for appointing Municipal Commissioners, and for levying rates and taxes in the several Stations of the Settlement of Prince of Wales' Island, Singapore, and Malacca), is repealed.

Section suspended. The operation of Section XV of the said Act shall be suspended at the election of Municipal Commissioners under the said Act, to be held next after the passing of this Act.

Section 2. Governor to declare for what period Commissioner appointed by him shall hold Office

The Governor of the Settlement shall, upon the appointment of the Commissioner whom he is empowered by the said Act XXVII of 1856 Section V to appoint, declare for what number of years, not exceeding three, such Commissioner shall hold Office.

Section 3. Elected Commissioners to hold Office for periods to be determined as provided

The Municipal Commissioners of Prince of Wales' Island, Singapore and Malacca, respectively, who shall be chosen at next election by the largest number of votes, shall hold their Office for one, two, or three years, as shall be determined in manner hereinafter mentioned.

Section 4. Allotment of periods for tenure of Office, by number of votes

The Municipal Commissioner who is chosen at such next election by the largest number of votes shall hold his Office for three years; the Municipal Commissioner who is chosen by the next largest number of votes shall hold his Office for two years, and the remaining Municipal Commissioner shall hold his Office for one year.

Section 5. Allotment in case of votes for all three Commissioners being equal

If at any of the said Stations the three Municipal Commissioners chosen at the said next election shall be elected by an equal number of votes, the Governor, or, in his absence from such Station, the Resident Councillor shall declare and appoint the periods of three years, two years, and one year, respectively, for which every such elected Municipal Commissioner shall hold Office.

Section 6. And in case of votes for two being equal, and yet greater than for the third

If at any of the said Stations at the said next election, two of the Municipal Commissioners chosen shall have an equality of votes, but such number shall be greater than the number of votes given for the third Municipal Commissioner; the Governor, or, in his absence, the Resident Councillor shall declare and appoint the periods of three years, and two years, respectively, for which each of the said two Municipal Commissioners shall hold Office; and the other Municipal Commissioner shall hold Office for one year only.

Section 7. And in case of one having a majority, and the other two an equal number

7. And in case of one having a majority, and the other two an equal number. If at any of the said Stations at the said next election, one of the Municipal Commissioners chosen shall have a number of votes larger than the other two Municipal Commissioners, and such other two Commissioners shall have an equality of votes, the Municipal Commissioner who shall have such larger number of votes shall hold Office for three years, and the Governor, or, in his absence, the Resident Councillor shall declare the periods of two years, and one year, respectively, for which each of the other two Municipal Commissioners shall hold Office.

Section 8. When two or more candidates have an equal number of votes, election how to be determined

If at any of the said Stations an equal number of votes be given for any two or more candidates at the said next election, so that the Sheriff or his Deputy is not able to declare, as between such persons, which of them has been elected, the Governor, or, in his absence, the Resident Councillor shall give a casting vote for one or more of such persons, and, reckoning such vote, shall declare the period for which such person or persons shall hold Office in manner provided in Section IV.

Section 9. Term of tenure of Office of Commissioner appointed under Section XVI of Act XXVII of 1856

Every Commissioner appointed under Section XVI of the said Act XXVII of 1856, in consequence of a refusal to act, a failure of election, or otherwise, shall hold Office for such term as the Governor or Resident Councillor of the Station shall declare.

Proviso. Provided that such term shall in no case exceed three years, and shall be a term which shall conform to the terms for which the other Commissioner or Commissioners shall have been declared and appointed to hold Office under Section IV of this Act, so that the three Commissioners shall hold their Offices for three years, two years, and one year, respectively.

Section 10. And of Commissioner appointed under Section XVII of said Act

Every Commissioner appointed under the provisions of Section XVII of the said Act XXVII of 1856, in place of any Commissioner elected at the said next election, shall hold Office for the term for which the Commissioner in whose place he is appointed was entitled to hold Office.

Section 11. Names and terms of Office be published

The names of the persons elected or appointed to be Municipal Commissioners under this Act, and the terms for which such persons shall hold Office, shall be published in such manner as the Governor may direct.

Section 12. Commissioners when to enter on Office. Subsequent elections limited to one. Appointments to vacancies

The Municipal Commissioners at each of the said Stations, elected provisions of this Act, shall enter upon their Office on the first day of January after their election, and shall hold Office for the periods hereinbefore provided. At every subsequent election under the said Act XXVII of 1856, one Commissioner only shall be elected. The Commissioner elected at such subsequent election shall hold Office for three years. Appointments to fill up any vacancy occasioned by the death, resignation, or refusal to act, of any such Commissioner, shall have effect for the period for which such Commissioner would have held Office but for such death, resignation, or refusal to act, and all the provisions of the said Act XXVII of 1856, so far as they are not affected by this Act, which relate to the election of three Commissioners at each annual election, shall, so far as practicable, be construed to apply to the election of one Commissioner only.

Section 13. Constraction of Act

This Act shall be read and taken as part of the said Act XXVII of 1856.