County Management Act, 1940
|
Reserved functions. |
16.—(1) Neither the council of a county nor any elective body shall directly exercise or perform any power, (other than a power which is vested by law (including this Act) in such council or body and is by this Act expressly made exercisable by resolution of such council or body), function, or duty of such council or body in relation to the officers or servants of such council or body, or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them. | |
(2) Subject to the provisions of the next preceding sub-section of this section, every council of a county and every elective body shall directly exercise and perform the powers, functions, and duties (if any) of such council or body in relation to each of the several matters mentioned in the Second Schedule to this Act. | ||
(3) Save as is otherwise provided by this section, the Minister, whenever he so thinks proper, may by order direct that the powers, functions, and duties of every or of any particular council of a county or of every elective body of a specified class or of any particular elective body in relation to any matter specified in such order (not being a matter mentioned in the Second Schedule to this Act) shall be exercised and performed directly by such council or such body, as the case may be. | ||
(4) The Minister, whenever he so thinks proper, may revoke or amend any order made by him under the next preceding sub-section of this section or any order (made under this sub-section) amending any such order. | ||
(5) Whenever and so long as an order made by the Minister under this section is in force, the powers, functions, and duties specified in such order shall be exercised directly by the council or councils or the elective body or bodies in respect of which such order is made. | ||
(6) No order made by the Minister under this section shall extend or apply to any power, function, or duty to which the first sub-section of this section applies. | ||
(7) Every appointment by the council of a county of a rate collector for a rate collection district lawfully established in such county shall be made by such council directly by resolution, but no such appointment shall have effect unless or until approved of by the Minister. | ||
(8) Every power, function, or duty of the council of a county or of an elective body which is required by this section to be exercised directly by such council or body shall, for the purposes of this Act, be a reserved function of such council or body, and the expression “reserved function” shall in this Act be construed and have effect accordingly. |