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|FIRST SCHEDULE||THE COUNTY COUNCIL OF MURANG'A (BUSINESS PERMITS AND CONTROL OF TRADE) BY-LAWS, 2004|
(s. 85.) 11 of 1984, s. 27.
In this Schedule, except where the context otherwise requires, the terms “chairman”, “vice-chairman” and “clerk” shall, in respect of a municipal council, be deemed to refer, respectively, to the mayor, deputy mayor and town clerk.
Part I—Obligatory Orders
1. Chairman of meetings.
Any power or duty assigned to the chairman in relation to the conduct of meetings may be exercised by the person presiding at the meeting, and in these Standing Orders “the chairman” shall be construed as including any such person presiding at the meeting.
2. Order of business.
(1) Except where the Council, on the grounds of urgency, varies the order of business under paragraph (2) of this standing order, the order of business at every meeting of the Council shall be—
(a) to choose a person to preside if the chairman and vice-chairman be absent;
(b) any business required by written law to be done before any other business;
(c) to read and confirm the minutes of the last meeting of the Council (unless such minutes have been confirmed at the meeting of the proceedings of which they are the minutes):
Provided that, if a copy of the minutes has been circulated to each member of the Council not later than the date of issue of the notice of the meeting, under section 76 of the Act, they shall be taken as read;
(d) to deal with business expressly required by written law to be done;
(e) to receive such communications as the chairman may desire to lay before the Council;
(f) questions (if any);
(g) to dispose of business (if any) remaining from the last meeting;
(h) to receive and consider reports or minutes of committees;
(i) to receive and consider reports from officers of the Council;
(j) to authorise the sealing of documents, so far as the Council’s authority is required by Statute or these Standing Orders;
(k) to authorise the signing of orders for payment where there is no finance committee; and
(l) to consider motions in the order in which notice thereof has been received.
(2) The Council may, at any meeting, vary the order of business so as to give precedence to any business which, in the opinion of the chairman, is of a special urgency, but such a variation shall not displace business falling under items (a) and (b) of paragraph (1) of this standing order.
3. Notices of motion.
(1) Except as provided by standing order 8 of these Standing Orders, every notice of motion shall be in writing, signed by the member or members of the Council giving the notice and delivered, in the case of a municipal council, at least four clear days before the next meeting of the Council, and in the case of any other local authority, at least ten days before the next meeting of the Council, at the office of the clerk by whom it shall be dated, numbered in the order in which it is received and entered in a book which shall be open to the inspection of every member of the Council.
(2) The Clerk shall insert in the notice of every meeting of the Council all notices of motion duly given in the order in which they have been received, unless the member giving such a notice has, when giving it, intimated in writing that he proposes to move it at some later meeting or has withdrawn it in writing.
(3) If a motion, notice of which has been duly given be not moved at that meeting it shall, unless postponed by consent of the Council, be treated as abandoned and shall not be moved without fresh notice.
(4) Motions for which notice has been duly given, the subject matter of which comes within the province of any committee or committees, shall, upon being moved and seconded, stand referred without discussion to such committee or committees, or to such other committee or committees as the Council may determine, for consideration and report:
Provided that the chairman may, if he considers it convenient and conducive to the despatch of business, allow such motion to be dealt with at the meeting at which it is brought forward.
(5) Every notice of motion shall be relevant to some function of the Council.
4. Motions without notice.
The following motions may be moved without notice—
(a) appointment of a chairman of a meeting at which the motion is made;
(b) motions relating to the accuracy of the minutes, closure, adjournment, order of business or next business;
(c) reference to a committee;
(d) that the Council do resolve itself into committee;
(e) appointment of committee or members thereof, so far as arising from an item mentioned in the notice of the meeting;
(f) adoption of reports and recommendations of committees or officers and any consequent resolutions;
(g) that leave be given to withdraw a motion;
(h) amendments to motions;
(i) authorising the sealing of documents;
(j) extending the time limit for speeches;
(k) that an item of business specified in the notice of the meeting have precedence;
(l) that a member named under standing order 8 of these Standing Orders be not further heard or do leave the meeting;
(m) giving consent of the Council where the consent of the Council is required by these Standing Orders;
(n) any motion referred to in paragraph 16 of standing order 6 of these Standing Orders; and
(o) a motion suspending standing orders in accordance with standing order 39.
(1) Minutes of the proceedings of every meeting of the Council shall include the names of members present and shall be drawn up and printed or typewritten.
(2) As soon as the minutes have been read, or if they are, under standing order 2 of these Standing Orders, taken as read, the chairman shall put the question that the minutes of the meeting of the Council held on the ……………… day of …………… be confirmed and signed as a true record.
(3) No motion or discussion shall take place upon the minutes, except, upon their accuracy and any question of their accuracy shall be raised by motion; if no such question is raised, or if it is raised, then as soon as it has been disposed of, the chairman shall sign the minutes.
6. Rules of debate.
(1) A motion or amendment shall not be discussed unless it has been proposed and seconded, and, unless notice has already been given in accordance with standing order 3 of these Standing Orders, it shall, if required by the chairman, be reduced to writing and handed to the chairman before it is further discussed or put to the meeting.
(2) A member when seconding a motion or amendment may, if he then declare his intention to do so, reserve his speech until a later period of the debate.
(3) A member shall stand when speaking, and shall address the chairman; and if two or more members rise, the chairman shall call on one to speak.
(4) A member shall direct his speech to the question under discussion or to an explanation or to a question of order.
(5) No speech shall, without the consent of the Council, exceed five minutes in length, or ten minutes in length in the case of a proposer of a motion or a reply to an amendment, and upon a motion for an extension of this limit no discussion shall be allowed.
(6) An amendment shall be either—
(a) to leave out words; or
(b) to leave out words and insert or add others; or
(c) to insert or add words,
but such omission or insertion of words shall not have the effect of introducing a new proposal into or of negativing the motion before the Council.
(7) If an amendment be rejected, other amendments may be moved on the original motion.
(8) If an amendment be carried, the motion as amended shall take the place of the original motion and shall become the motion upon which any further amendment may be moved.
(9) A further amendment shall not be moved until the Council has disposed of every amendment previously moved.
(10) A member shall not speak more than once on any motion, except in the exercise of the right to reply given by standing order 10 of these Standing Orders, or on a point of order, or by way of personal explanation, or to move in so many words “That the question be now put”. An amendment to a motion shall be treated as a fresh motion.
(11) A member may at the conclusion of a speech of another member move without comment, “That the question be now put”, “That the debate be now adjourned”, “That the Council proceed to the next business”, or “That the Council do now adjourn”, on the seconding of which the chairman, if in his opinion the question before the meeting has been sufficiently discussed, shall put that motion to the vote, and if it is carried, the question before the meeting, subject to the right of reply given by standing order 10 of these Standing Orders, shall be put to the vote or the subject of debate shall be deemed to be disposed of for that day or the meeting shall stand adjourned, as the case may be.
(12) A member may rise to a point of order or in personal explanation, but a personal explanation shall be confined to some material part of a former speech by him at the same meeting which may have been misunderstood; and a member rising to a point of order shall be entitled to be heard forthwith.
(13) The ruling of the chairman on a point of order or on the admissibility of a personal explanation shall not be open to discussion.
(14) Whenever the chairman rises during a debate a member then speaking or standing shall resume his seat and the members shall be silent.
(15) A motion or amendment may be withdrawn by the proposer with the concurrence of the seconder and the consent of the Council, which shall be signified without discussion, and it shall not be competent for any member to speak upon it after the proposer has asked permission for its withdrawal, unless such permission has been refused.
(16) When a motion is under debate no other motion shall be moved except the following—
(a) to amend the motion;
(b) to postpone consideration of the motion;
(c) to adjourn the meeting;
(d) to adjourn the debate;
(e) to proceed to the next business;
(f) that the question be now put;
(g) that a member be not further heard;
(h) that a member do leave the meeting;
(i) that the subject of debate be referred back to a committee.
(17) No member shall read his speech but he may read short extracts from written and printed papers in support of his argument and may refresh his memory by reference to notes.
(18) It shall be out of order to anticipate the discussion of a motion of which notice has been given.
(19) It shall be out of order to use offensive or insulting language whether in respect of members of the Council or other persons.
(20) A member shall be responsible for the accuracy of any facts which he alleges to be true and may be required to substantiate any such facts or to withdraw any such allegation.
(21) The chairman after having called attention to the conduct of a member who persists in irrelevance or tedious repetition either of his own arguments or the arguments used by other members in debate, may, after having first warned him, direct him to discontinue his speech.
7. Rules for members not speaking.
(a) shall enter into the chamber with decorum;
(b) shall not read any newspaper, book or letters save such as relates to the matter in hand;
(c) shall not interrupt a speaker; and
(d) shall not do any other act disrespectful to the chair or the Council.
8. Disorderly conduct.
If at a meeting any member of the Council, in the opinion of the chairman notified to the Council, misconducts himself by persistently disregarding the ruling of the chair, or by behaving irregularly, improperly, or offensively, or by wilfully obstructing the business of the Council, or by disregarding any rule for members not speaking specified in standing order 7 of these Standing Orders, it shall be competent for a member to move “That the member named be not further heard”, or “That the member named do leave the meeting” and the motion if seconded shall be put and determined without discussion.
9. Suspension of sitting.
If after a motion under standing order 8 of these Standing Orders has been carried, the misconduct or obstruction is continued and, in the opinion of the chairman, renders the due and orderly dispatch of business impossible, the chairman in addition to any other powers vested in him, may without question put, adjourn or suspend the sitting of the Council for such period as he in his discretion considers expendient.
10. Right of reply.
(1) The proposer of a motion shall have a right to reply at the close of the debate upon such motion, immediately before it is put to the vote.
(2) If an amendment is proposed, the proposer of the original motion shall be entitled to reply at the close of the debate upon the amendment.
(3) A member exercising a right of reply shall not introduce a new matter.
(4) After every reply to which this standing order refers a decision shall be taken without further discussion.
11. Alteration of motion.
A member may with the consent of his seconder and of the Council, signified without discussion, alter a motion which he has proposed or of which notice has been given if the alteration is one which could have been moved as an amendment thereto.
12. Rescission of preceding resolutions.
(1) No motion to rescind any resolution passed within the preceding six months, and no motion or amendment to the same effect as one which has been negatived within the preceding six months, shall be proposed unless the notice thereof given in pursuance of standing order 3 of these Standing Orders bears the names of at least one-third of the members of the Council.
(2) When any such motion has been disposed of by the Council, it shall not be open to any member to propose a similar motion within a further period of six months.
(3) This standing order shall not apply to motions moved in pursuance of the report or recommendation of a committee.
(1) Every question, save as otherwise provided by the Act or any other written law, shall be determined by show of hands and decided by a majority of votes of the members present.
(2) On the requisition of any member supported by five other members who signify their support by rising in their places the voting on any question shall be recorded so as to show how each member present and voting gave his vote.
14. Power to resolve into committee.
The Council may resolve itself into a committee of the whole Council.
15. Motions affecting persons employed by the council.
If any question arises at a meeting of the Council as to the appointment, promotion, dismissal, salary or conditions of service, or as to the conduct, of any person employed by the Council, it shall be considered by the whole Council in Committee.
16. Motions of expenditure.
Any motion which is moved otherwise than in pursuance of a recommendation or report of the finance committee or of another committee after the said recommendation or report has been approved by the finance committee, and which if carried would materially increase the expenditure upon any service which is under the management of or reduce the revenue under the management of any committee, or would involve capital expenditure, shall when proposed and seconded stand adjourned without discussion to the next ordinary meeting of the Council and any committee affected by such motion shall consider whether it desires to report thereon; and the finance committee shall report on the financial aspect of the proposal.
17. Removal of member of the public or the press.
If any member of the public or the press present at a meeting of the Council interrupts the proceedings, the chairman may, after warning, order his removal from the Council Chamber.
(1) Canvassing of members of the Council or of any committee of the Council, directly or indirectly, for any appointment under the Council shall disqualify the candidate for such appointment.
(2) The purport of paragraph (1) of this standing order shall be included in every advertisement inviting applications for appointments or in the form of application.
(3) A member of the Council shall not solicit for any person any appointment under the Council, or recommend any person for such appointment or for promotion; but this paragraph of this standing order shall not preclude a member from giving a written, testimonial of a candidate’s ability, experience or character, for submission to the Council with an application for appointment.
19. Relatives of members or officers. [L.N. 634/1963]
(1) Candidates for any appointment under the Council shall when making application disclose in writing to the clerk whether to their knowledge they are related to any member of the Council or to the holder of any senior officer under the Council; and a candidate who fails so to do shall be disqualified for such appointment and if appointed shall, subject to section 127 of the Act, be liable to dismissal without notice.
(2) Every member and senior officer of the Council shall disclose to the Council any relationship known to him to exist between himself and a candidate for an appointment of which he is aware.
(3) It shall be the duty of the clerk to report to the Council or to the appropriate committee any such disclosure made to him.
(4) Where relationship to a member of the Council is disclosed, such member shall, unless the Council invites him to remain, withdraw from the meeting of the Council whilst any question as to the appointment of application for appointment of the candidate to whom he is related is being discussed or is under consideration by the Council.
(5) For the purpose of this standing order “senior office” and “senior officer” means those designated as such by the Minister, and persons shall be deemed to be related if they are husband and wife or if either of them or the spouse of either of them is, the son or daughter or grandson or granddaughter or brother or sister or nephew or niece of the other, or of the spouse of the other.
(6) The purport of this standing order shall be stated either in the advertisement inviting applications for appointment or in any form of application supplied for use by candidates.
20. Inspection of documents.
(1) A member of the Council may for purposes of his duty as such member but not otherwise inspect any document which has been considered by a committee or by the Council, and if copies are available shall on request be supplied for the like purposes with a copy of such documents:
(i) a member shall not knowingly inspect and shall not call for a copy of any document relating to a matter in which he is professionally interested or in which he has directly or indirectly any pecuniary interest within the meaning of section 89 of the Act; and
(ii) this standing order shall not preclude the clerk or the advocate to the Council from declining to allow inspection of any document which is or in the event of legal proceedings would be protected by privilege arising from the relationship of advocate and client.
(2) All minutes kept by any committee shall be open for the inspection of any member of the Council during office hours.
21. (Deleted by 11 of 1984, s. 27.)
22. Appointment of committees.
The Council shall at the annual meeting appoint such statutory and standing committees, and may at any time appoint such other committees, as are necessary to carry out the work of the Council but, subject to any statutory provision in that behalf—
(a) shall not appoint any member of a committee so as to hold office later than the next annual meeting of the Council;
(b) may at any time dissolve or alter the membership of a committee.
23. Proceedings in committee.
A member of a committee (including the Council in committee) shall not disclose a matter dealt with by or brought before the committee without its permission until the committee has reported to the Council or has otherwise concluded action on that matter.
24. Special meetings of committees.
(1) The chairman of a committee or the chairman of the Council may, by notice in writing, summon a special meeting of the committee at any time.
(2) A special meeting shall also be summoned by notice in writing on the requisition in writing of at least one quarter of the members of the committee.
(3) The notice of a special meeting shall set out the business to be considered at the special meeting, and no business other than that set out shall be considered at that meeting.
(1) Every committee appointed by the Council may appoint subcommittees for purposes to be specified by the committee.
(2) Except where powers or duties are delegated to a subcommittee, no act of a subcommittee shall have effect until approved by the committee.
26. Quorums of committees and subcommittees.
(1) Business shall not be transacted at a meeting of any committee unless at least one-quarter of the whole number of the committee, or such larger proportion as the committee may determine, is present:
Provided that in no case shall the quorum of a committee be less than three members.
(2) Business shall not be transacted at a meeting of any subcommittee unless at least two members are present.
27. Voting in committee.
All questions in committee shall be determined by show of hands by a majority of the members of the committee present and voting.
28. Opinion of officers.
An officer who is present at a meeting of a committee of the Council, being a chief officer or an officer instructed by a chief officer to attend such meeting, shall have the right to require his opinion to be recorded in the minutes if the committee arrives at a decision, which in the officer’s opinion is contrary to his advice.
29. Members may attend committee meetings.
A member of the Council who has proposed a motion which has been referred to any committee shall have notice of the meeting of the committee at which it is proposed to consider the motion and if he attends shall have an opportunity of explaining it.
30. Women on health committees. [L.N. 41/1970]
At least two women shall be appointed to serve on each committee of a municipal council dealing with public health matters.
31.All contracts to comply with standing orders 31 to 38.
(1) Every contract whether made by the Council or by a committee to which the power of making contracts has been delegated shall comply with section 143 of the Act and standing orders 31 to 38 of these Standing Orders, and no exception from any of the provisions of the said standing orders shall be made otherwise than by direction of the Council or the Finance Committee in accordance with section 143 (6) of the Act.
(2) Every exception made by a committee to which the power of making contracts has been delegated or by the Finance Committee shall be reported to the Council and the report shall specify the emergency by which the exception has been justified.
(3) Express note of any exception as aforesaid and of the emergency (if any) by which the exception has been justified shall, unless recorded in the report of a committee which is laid before the Council, be made in the minutes of the Council.
32. Prior estimate of expenses to be obtained before entering into contracts.
Before entering into a contract for the execution of any work the Council shall obtain from the appropriate officer or other person an estimate in writing of the probable expense of executing the work in a suitable manner and of the annual expenses of maintaining the same.
33. Contents of invitation for tenders and opening tenders.
(1) Where in pursuance of section 143 (4) (a) of the Act public invitation to tender is required, every notice of such invitation shall state that no tender will be received except in a plain sealed envelope which may bear the word “Tender”—followed by the subject to which it relates, but shall not bear any name or mark indicating the sender, and such envelopes shall remain in the custody of the clerk until the time appointed for their opening.
(2) Tenders shall be opened at one time and only in the presence of—
(a) such member or members of the Council as may have been designated for the purpose by the Council or by the committee to which the power of making the contract to which the tenders relate has been delegated;
(b) the clerk or an official of the Council designated by him; and
(c) representatives (if any) of the persons tendering, if they have made a prior request to attend, to the clerk.
34. Council to consider certain tenders before acceptance.
A tender other than the lowest tender if payment is to be made by the Council, or the highest tender if payment is to be received by the Council, shall not be accepted until the Council has considered a written report from the appropriate officer or other person, and has obtained the consent of the
Minister in writing.
35. Certain contracts to be in writing.
Every contract which exceeds two thousand shillings in value or amount shall be in writing.
36. Obligatory provisions in contracts.
(1) Every written contract shall specify—
(a) the work, materials, matters, or things, to be furnished, had, or done;
(b) the price to be paid with a statement of discounts or other deductions; and
(c) the time or times within which the contract is to be performed.
(2) Every contract which exceeds ten thousand shillings in value or amount and is either for the execution of works or for the supply of goods or materials otherwise than at one time shall provide for some pecuniary penalty to be paid by the contractor in case the terms of the contract are not duly performed, and the Council shall require and take sufficient security for the due performance of every such contract.
37. Obligatory cancellation clause.
There shall be inserted in every written contract a clause empowering the Council to cancel the contract and to recover from the contractor the amount of any loss resulting from such cancellation—
(a) if the contractor shall have offered or given or agreed to give to any person any gift or consideration of any kind as an inducement or reward for doing or forbearing to do or for having done or forborne to do any action in relation to the obtaining or execution of the contract or any other contract with the Council, or for showing or forbearing to show favour or disfavour to any person in relation to the contract or any other contract with the Council; or
(b) if the like acts shall have been done by any person employed by such contractor or acting on his behalf (whether with or without the knowledge of the contractor); or
(c) if in relation to any contract with the Council the contractor or any person employed by him or acting on his behalf shall have committed any offence under the Prevention of Corruption Act.[Cap. 65]
38. Obligatory clause as to rates, wages, hours, etc.
In every written contract for the execution of work or the supply of goods or materials, the following clause shall be inserted—
“The contractor shall, in respect of all persons employed anywhere by him in the execution of the contract, and further in respect of all persons employed by him otherwise than in the execution of the contract in every factory, workshop or place occupied or used by him for the execution of the contract, observe and fulfil the following conditions—
(a) the contractor shall pay rates of wages and observe hours and conditions of labour not less favourable than those established for the trade or industry in the district where the work is carried out by machinery of negotiation or arbitration to which the parties are organisations of employers and trade unions representative respectively of substantial proportions of the employers and workers engaged, in the trade or industry in the district;
(b) in the absence of any rates of wages, hours or conditions of labour so established the contractor shall pay rates of wages and observe hours and conditions of labour which are not less favourable than the general level of wages, hours and conditions observed by other employers whose general circumstances in the trade or industry in which the contractor is engaged are similar;
(c) where the absence of established rates of wages, hours and conditions of labour or the dissimilarity of the general circumstances in the trade or industry in which the contractor is engaged prevent the contractor observing rates of wages, hours and conditions of labour ascertained under condition (a) or (b) of this clause, the contractor in fixing the rates of wages, hours and conditions of labour of his employees shall be guided by the advice of the Labour Department of the Ministry of Labour;
(d) the contractor shall recognise the freedom of his employees to be members of trade unions;
(e) the contractor shall maintain records in English of the time worked by, and the wages paid to, his employees adequate to show that he is complying with the requirements of this clause;
(f) the contractor shall at all times during the continuance of the contract display, for the information of his employees in every factory, workshop or place occupied or used by him for the execution of the contract, a copy of this clause, together with a notice setting out the general rates of wages, hours and conditions of labour of his employees;
(g) the contractor shall be responsible for observance of this clause by subcontractors employed in the execution of the contract and shall, if required, notify the Council of the names and addresses of all such subcontractors;
(h) in the event of default being made in payment of any money in respect of fair wages of any workman employed on the contract and if a claim is made to the Labour Commissioner and proof thereof satisfactory to the Commissioner is furnished, the Council may, failing payment by the contractor, arrange for the payment of such claim as certified by the Labour Commissioner, to be made out of the moneys at any time payable under the said contract and the amount so paid shall be deemed payments to the contractor;
(i) the contractor shall furnish the Labour Commissioner if called upon so to do such particulars of the rates of wages, hours and conditions of labour referred to above as the Labour Commissioner may direct.”
39. Orders not to be suspended.
(1) Except as provided in paragraph (2) of this standing order a Council shall not have power to suspend any of the standing orders 1 to 39 (inclusive) of these Standing Orders.
(2) In special circumstances or in an emergency which shall be determined by the chairman, standing orders 3 and 6 of these Standing Orders may be suspended so far as regards any business at the meeting where their suspension is moved, but except upon notice of motion duly given in pursuance of standing order 3 of these Standing Orders, shall not be suspended unless there are present at least one-half of the whole membership of the Council.
40. Exclusion of members. [L.N. 634/1963]
When any member has disclosed a pecuniary interest in any contract, proposed contract or other matter in accordance with section 89 of the Act, he shall be excluded from the meeting of every committee and subcommittee whilst any such contract, proposed contract or the matter in which he has such an interest as aforesaid is under consideration at such meeting of the committee or subcommittee, as the case may be.
Part II—Optional Orders
(1) A member of the Council may ask the chairman of a committee any question upon the proceedings of the committee then before the Council if the question is put before the Council’s consideration of those proceedings is concluded.
(2) A member of the Council may—
(a) if two days’ notice in writing has been given to the clerk, ask the chairman or the chairman of any committee any question relating to the business of the Council, other than a matter specifically referred to and awaiting a report from a committee; and
(b) with the permission of the chairman put to him or to the chairman of any committee questions relating to urgent business, of which such notice has not been given, but a copy of any such question, shall, if possible, be sent to the clerk not later than 9.00 o’clock in the morning of the day of the meeting.
(3) Every question shall be put and answered without discussion, but the person to whom a question has been put may decline to answer it.
(4) Where a written question is addressed to the chairman or to the chairman of a committee and the desired information is contained in any of the Council’s publications, it shall be deemed sufficient reply if the publication containing the information is indicated.
(5) Where the reply to any question cannot conveniently be given orally, it shall be deemed a sufficient reply if the answer is circulated to members of the Council with the minutes of the meeting at which the question has been asked.
42. Personal accusations.
(1) No member of the Council shall make personal accusations against nor impute improper motives to any other member or members of the Council in any meeting of the Council.
(2) Any such accusations or imputations shall be made in writing and forwarded to the clerk who shall refer the same to the next meeting of the appropriate committee of the Council for investigation.
43. Standing Orders to apply to committees.
The Standing Orders of the Council as to rules of debate at Council Meetings shall mutatis mutandis apply to committee and subcommittee meetings, except those parts of standing order 6 of these Standing Orders which relate to standing speaking more than once, and to length of speeches.
44. Voting on appointments.
Subject to the Act and any other written law, where there are more than two persons nominated for any position to be filled by the Council, and of the votes given there is not a majority in favour of one person, the name of the person having the least number of votes shall be struck off the list and a fresh vote shall be taken, and so on until a majority of votes is given in favour of one person.
45. Custody of the seal.
The common seal of the Council shall be kept in some safe place and shall be secured by two different locks, the keys of which shall be kept respectively by the chairman and the clerk:
Provided that the chairman may entrust his key temporarily to another member of the Council with a written authority to such member to exercise his powers, and similarly the clerk may entrust his key temporarily to the deputy clerk (if such deputy has been appointed by the Council) or to another chief officer of the Council.
46. Sealing of documents.
(1) The common seal of the Council shall not be affixed to any document unless the sealing has been authorised by a resolution of the Council or of a committee to which the Council has delegated its powers in this behalf, but a resolution of the Council (or of a committee where that committee has the power) authorising the acceptance of any tender, the purchase, sale, letting, or taking of any property, the issue of any stock, the presentation of any petition, memorial, or address, the making of any rate or contract, or any other matter or thing, shall be a sufficient authority for sealing any document necessary to give effect to the resolution.
(2) The seal shall be attested by at least one of the following present at the sealing, namely, the chairman or vice-chairman, or the clerk or deputy clerk, and an entry of every sealing of a document shall be made and consecutively membered in a book to be provided for the purpose and shall be signed by the person or by persons who attest the seal.
47. Approval of plans.
The consideration of all plans which in virtue of any building by-law in force in the Council’s area require approval or disapproval by the Council shall stand referred without motions or debate to the (Towns Planning) Committee and it shall be the duty of that committee to consider them accordingly and to meet so often as will ensure exercising the said power within the period prescribed by law:
Provided that a member shall not be entitled to claim travelling and other expenses incurred in attending a meeting of a committee of which he is not a member except where under standing order 29 of these Standing Orders he has or should have received notice of the meeting of the committee.