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Requisition of a county council or an elective body that a particular thing be done.
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29.—(1) Any council of a county or any elective body, at a meeting specially summoned for the purpose under this section, may by resolution proposed and passed in accordance with this section require any particular act, matter, or thing specifically mentioned in such resolution and which such council or the county manager for such county or such elective body or the manager for such elective body (as the case may be) can lawfully do, to be done in exercise or performance of the executive functions of such council or body.
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(2) Notice of the intention to propose any such resolution as is authorised by the foregoing sub-section of this section shall be given in writing to the county manager concerned and shall be signed by not less than one-third of the members of the county council or elective body at a meeting of which such resolution is to be proposed and shall contain a copy of such resolution and shall specify a day (not less than seven nor more than fourteen days after the day on which such notice is received by the county manager) for the holding of such meeting.
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(3) Whenever a county manager receives any such notice as is mentioned in the foregoing sub-section of this section, he shall as soon as possible send a copy of such notice to every member of the county council or elective body concerned and a special meeting of such council or body shall be summoned for the date specified in that behalf in such notice at the usual hour for meetings of such council or body.
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(4) When a resolution of which notice has been given under this section has been proposed at the meeting of the county council or elective body concerned summoned for the purpose under this section, such council or body and the county manager concerned shall consider such resolution and, if after such consideration such council or body passes such resolution and the number of members voting for such resolution exceeds either half the total membership of such council or body or two-thirds of the members present and voting, such county manager shall, if and when and so far as money for the purpose is or has been provided, do in accordance with such resolution the act, matter, or thing which is required by such resolution to be done.
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(5) A resolution passed under this section shall not—
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(a) apply or extend to the exercise or performance of any power, function, or duty of a county council or an elective body generally or to every case or occasion of the exercise or performance of any such power, function, or duty or to a number or class of such cases or occasions so extended as to be substantially or in effect every case or occasion on which such power, function, or duty is exercised or performed, or
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(b) apply or extend to the exercise or performance of any power, or duty conferred or imposed on a county manager by or under this Act in relation to the officers or servants of a county council or an elective body or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them, or
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(c) require a county manager to give or to withhold public assistance to or from any particular individual, or
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(d) require a county manager to prosecute or to refrain from prosecuting any particular person or to discontinue any particular prosecution.
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Any resolution purporting to be passed by the council of a county or by an elective body under this section which contravenes this sub-section shall be void and of no effect.
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(6) Every dispute which shall arise between the council of a county or an elective body and a county manager as to whether a resolution passed by such council or body (as the case may be) under this section does or does not contravene the next preceding sub-section of this section shall be referred to the Minister for decision, and the decision of the Minister thereon shall be final and conclusive.
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