POOR LAW Ordinance

Arrangement of Sections

1. Short title.

PART I

PRELIMINARY

2. Powers under Ordinance to be additional to powers conferred by other enactments.

PART II

MUNICIPALITIES, URBAN COUNCILS AND TOWN COUNCILS

3. Application of Part II.

4. Duty of Urban Local Authority with respect to poor persons.

5. Power of Urban Local Authority to use its funds to carry out.

6. Borrowing powers of Urban Local Authority.

7. Acquisition of land or building.

8. Accounts and audit.

9. Poor law scheme.

10. Delegation.

11. Appointment of officers.

12. Public assistance committee.

13. Local sub-committees.

PART III

VILLAGE COUNCILS

14. Application of Part III.

15. Duty or Rural Local Authority in respect to poor persons.

16. Delegation of functions of Rural Local Authority.

17. Composition of rural local committee.

18. Poor law schemes.

19. Contributions for carrying out the poor law scheme.

20. Appointment of officers.

21. Power of unit of Rural Local Authority to use its funds to perform functions under this Ordinance.

22. Borrowing power of a unit of Rural Local Authority.

23. Acquisition of lands or buildings.

24. Audit of accounts.

25. Confirmation of poor law scheme.

PART IV

GENERAL

26. Application of part IV to areas under urban and rural local authorities.

27. Duty of family to relieve and maintain poor persona.

28. Relief to wife or child treated as relief to husband or parent.

29. Reimbursement from persons liable to maintain.

30. Reimbursement of relief out of property of person relieved.

31. Rules.

32. Penalty on persons disobeying rules.

33. Right of auditor to inspect.

34. Every member and officer a public servant.

35. Relief not to be given save in accordance with part II or Part III.

36. Power to remove difficulties.

37. Provisions as to orders and schemes.

38. Interpretation.

30 of 1939,

11 of 1941,

3 of 1946.

AN ORDINANCE relating to the relief of the Poor.

[Date of Commencement: 1st January, 1940]

1. Short title.

This Ordinance may be cited as the Poor Law Ordinance.

PART I

PRELIMINARY

2. Powers under Ordinance to be additional to powers conferred by other enactments.

The powers conferred by this Ordinance upon any Municipal Council, Urban Council, Town Council or Village Council, shall be in addition to, and not in derogation of, any powers of any such local authority under any other enactment:

Provided that in any case in which any provision of this Ordinance is in conflict with any provision of any such other enactment, the provision of this Ordinance shall prevail.

PART II

MUNICIPALITIES, URBAN COUNCILS AND TOWN COUNCILS

3. Application of Part II.

(1) This part of this Ordinance shall apply—

(a) within the administrative limits of any Municipal Council;

(b) within the administrative limits of any Urban Council or Town Council in which it shall be declared from time to time to be in force by the Minister by Order published in the Gazette.

(2) Any such Municipal Council, Urban Council, or Town Council to which this Part of this Ordinance applies shall be called and known as an Urban Local Authority and is so referred to in this Ordinance.

4. Duty of Urban Local Authority with respect to poor persons.

(1) It shall be the duty of an Urban Local Authority—

(a) to provide such relief as may be necessary for persons of either sex unable to support themselves owing to physical or mental infirmity or incapacity and in need of relief;

(b) to provide such relief as may be necessary for the use of, and to assist, orphans or children below a prescribed age of poor parents who are not able to keep and maintain their children in obtaining educational facilities and industrial training and to erect and maintain school buildings and orphanages for this purpose;

(c) to establish and maintain institutions for the treatment of poor persons;

(d) to make contributions in aid of any voluntary agencies which appear to render useful aid in the administration of the relief of the poor, of orphans and the children of poor persons, within the administrative limits of the Urban Local Authority and which appear to receive support from the public, provided such agencies agree to register all cases assisted with the registrar to be appointed by the Urban Local Authority and to allow inspection of their accounts and methods of administration by the Urban Local Authority or its officers;

(e) to appoint officers to investigate applications for assistance and to administer relief and to delegate to such officers the provision of relief in cases of sudden and urgent necessity;

(f) to recover from the recipient of relief or from prescribed relatives of such recipient who are possessed of sufficient means, the whole or part of the amount expended on his or her relief;

(g) to do and execute all other things concerning the matters aforesaid as to the Urban Local Authority may seem convenient.

(2) The duties of the Urban Local Authority under this section shall apply to all persons of either sex ordinarily resident within its administrative limits.

5. Power of Urban Local Authority to use its funds to carry out.

(1) The purposes for which an Urban Local Authority may expend the funds at its disposal under any enactment regulating its duties under this Ordinance. powers and duties (including any sum which may, at any time, be voted by Parliament for the purposes of this Ordinance) shall include the fulfilment of the duties of such Urban Local Authority prescribed by this Part of this Ordinance, and the Urban Local Authority may for the purposes of this Ordinance levy a special rate on all property assessed for the purpose of rates over and above the rates imposed by virtue of any other enactment, and all the relevant provisions of such other enactment, including the provisions for collecting rates, shall apply to such special rate in the same manner and for the same purpose as if they had been inserted herein.

(2) Where Parliament has at any time attached conditions to the vote of any sum to any Urban Local Authority for the purposes of this Ordinance, such conditions shall, on the acceptance of such sum by that local authority, be deemed to be incorporated in the poor law scheme of that local authority and shall have effect accordingly.

6. Borrowing powers of Urban Local Authority.

(1) It shall be lawful for an Urban Local Authority to borrow such sum or sums of money as may be necessary for carrying out any work of a permanent character undertaken under the provisions of this Ordinance and for the acquisition of any lands or buildings required for the purposes of or in connection with any such work on such terms or conditions as may be approved by the Minister,

(2) Any purpose for which an Urban Local Authority may lawfully borrow any sum of money under subsection (1) shall be deemed to be a purpose for which that local authority is authorised to borrow money by the written law under which that local authority is constituted; and, subject as aforesaid, the provisions of that written law relating to the borrowing of money, the limitation of borrowing powers, the security to be granted for loans, the form of such security and other incidental matters and procedure shall apply accordingly.

7. Acquisition of land or building.

Any private land or building which of may be required by an Urban Local Authority for the purposes of this Ordinance may be acquired by the State for such purposes under the provisions of the Land Acquisition Act, or of any other enactment for the time being in force providing for the acquisition of private land or buildings for public purposes. When the Urban Local Authority has paid the compensation awarded, the Minister may vest such land in the Urban Local Authority by writing under the hand of the prescribed officer to the effect that the same has been made over to the Urban Local Authority and any such land or building, when no longer required for the purposes of this Ordinance, may be dealt with by the Urban Local Authority as any other land or building vested in it.

8. Accounts and audit.

Separate accounts shall be kept by the Urban Local Authority of their receipts and expenditure in respect of the functions discharged by such local authority under this Ordinance, and those accounts shall be made up and audited in like manner and subject to the same provisions as in the case of a Municipality, Urban Council or Town Council, respectively; and the enactments relating to the audit of the accounts of a Municipality, Urban Council or Town Council, as the case may be, and to all matters incidental thereto and consequential thereon, including penal provisions, if any, shall apply to such accounts.

9. Poor law scheme.

(1) For the purpose of discharging the duties prescribed in this Part of this Ordinance, the Urban Local Authority shall each year, when preparing the annual budget or at any other time, prepare and approve of a poor law scheme and shall vote and provide from time to time, whenever necessary, a sum sufficient from the funds at its disposal (in addition to any sum which may be voted by Parliament for the purpose) to defray the cost which will be incurred in carrying out the poor law scheme.

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