PART II. Roads Improvement Act.-1921. (2) No action shall be brought against the Board or the Engineer or any Inspector or other officer for or on account of any matter or thing done or committed by him in the execution or intended execution of his duty or office under this Act, unless such action is commenced within six months after the cause of action arises. PART III. Board to advise moneys to be Cf. 1141, 1913, s. 8. M.C. Act, 1890, s. 110 (part). Minister to determine amount of each Council's contribution. PART III. FINANCIAL PROVISIONS RELATING TO THE CONSTRUC- 27. (1) The Board shall annually advise the Minister as to- (b) the amount of the moneys which, in its opinion, should (a) the total amount of the moneys available or likely to be available for distribution between the Councils for main roads; (b) the amount of the revenue received by each Council during the preceding financial year, and the amount appropriated and carried to the account of the Main Roads Fund by each Council; (c) the balance standing to the credit of the Main Roads Fund of each Council; (d) the relative mileage of main roads within the Districts of the Councils, and the traffic thereon ; and (e) the cost of constructing, reconstructing, or repairing any main or other public road within the District of any Council, or of carrying out any work connected therewith. 28. The Minister shall, having regard to the advice of the Board and the matters therein stated, determine— (a) the total amount of the moneys to be expended by each Council for the purpose of the construction, maintenance, and keeping in repair of the main roads within its District during any particular financial year; (b) the Roads Improvement Act.-1921. (b) the amount of the moneys (if any) to be allocated to each Council for the said purpose out of the moneys available for distribution between the Councils for the said purpose; and (c) the amount of the moneys (if any) to be expended by each Council out of its revenue for the said purpose during such financial year in addition to its proportion of the annual subsidy allocated to it pursuant to a determination under subdivision (b) hereof: Provided that in no case shall the amount of the moneys determined under subdivision (c) hereof exceed one-half of the amount of the moneys determined under subdivision (b) hereof. PART III. Council's contribution may be paid out of revenue or raised by special rate. 29. (1) The amount of the moneys mentioned in subdivision (c) of section 28 shall be appropriated by the Council out of its revenue. (2) For the purpose of raising the money to pay such amount, or any part of such amount, the Council may, without the consent of the ratepayers, declare a special rate not exceeding Four Pence in the Pound on the ratable property within its District, or in the case of any District as regards which Part II. of the Land Values Assessment Act, 1893, is in operation not exceeding an amount in the Pound that would produce a sum equal to that which could, if the said Part were not in operation in the District, be raised by a rate of Four Pence in the Pound. Such special rate shall be in addition to any special rate authorised to be declared and levied by a Council under the Municipal Corporations Act, 1890, or the District No. 497 of 1890. Councils Act, 1914, as the case may be, and the amount of such No. 1182 of 1914. special rate shall not be taken into consideration in determining whether the limit up to which a Council may rate has been reached. (3) Except in so far as inconsistent with this Act, all the provisions of the Municipal Corporations Act, 1890, or of the District Councils No. 497 of 1890. Act, 1914, as the case may be, shall apply to and in respect of the No. 1182 of 1914. declaring, levying, and recovery of the said special rate. 30. (1) It shall be the duty of each Council to construct and How moneys to bo maintain all main roads within its District in good and trafficable condition. dealt with by Council. Cf. M.C. Act, 1890, s. 110. (2) There shall be carried by each Council to the account of a fund cf. D.C. Act, 1914, to be called "The Main Roads Fund "— (a) all moneys allocated to and received by such Council under this Act for the purpose of the construction, maintenance, and keeping in repair of the main roads within its District; (b) all moneys appropriated by the Council out of its revenue (c) all moneys, at the commencement of this Act, standing to s. 273. B--1475 PART III. Neglect or default of Councils. Cf. Local Govt. Part XXXII., 8. 668. Roads Improvement Act.--1921. (3) Such fund shall be expended by such Council in the construction, maintenance, and keeping in repair of the main roads and the works connected therewith within its District, and shall be applied to no other purpose. (4) If the Minister is of opinion that any Council has not, during any financial year, expended on the construction, maintenance. and keeping in repair of the main roads within its District the amount determined by the Minister as the amount to be expended by such Council for that purpose, the Minister may— (a) refrain from allocating to such Council any moneys under this Act; and (b) withhold any moneys allocated to such Council under this Act, until such Council has expended the amount so determined, or has made provision for its expenditure, to the satisfaction in all things of the Minister. (5) Nothing in this Act or any other Act shall preclude or exempt any Council from expending any of its moneys in addition to the moneys standing to the credit of the Main Roads Fund in performing any duty imposed upon it by this Act or any other Act. 31. (1) Where the Minister considers that (a) any main road, or the maintenance of any works upon a main road, is being neglected by any Council; or (b) that any works upon which the Engineer has under this Act directed any sum to be expended are not being carried out, he may cause notice to be served requiring the Council, within such reasonable time as is specified in the notice, to construct or recon struct or to repair or maintain such road or works in such manner, and to such extent, as may be specified in the notice. (2) Where the Minister considers that any work in progress upon a main or other public road for which any grant has been made is not being carried out in the manner directed by the Engineer, or where any such work does not meet with the approval of the Engineer, the Minister may cause notice to be served on the Council requiring it to comply within a reasonable time stated in the notice with the requirements and conditions specified in the notice. (3) Where the Minister considers that it is necessary that certain work should be carried out upon a main road, he may cause notice to be served requiring the Council to carry out such work within a reasonable time stated in the notice. (4) It shall be the duty of the Council to comply with any notice served under this section, and on default by the Council in compliance therewith the Minister may authorise the Engineer to carry out the work specified in the notice at the expense of such Council, Roads Improvement Act.-1921. Council. The Engineer may thereupon carry out such work, and half the cost of such work shall be a debt due to the Minister from such Council, and (a) may be recovered by the Minister by action in his corporate name in any Court of competent jurisdiction as a debt due to him by such Council; or (b) may be withheld from any moneys voted by Parliament. and allocated to such Council by the Minister under this Act. (5) Section 21 shall apply to and in respect of any work carried out by the Engineer under this section. PART 111. Council. 32. (1) Where any main or other public road within the District of If construction of any Council is subject to more than ordinary traffic by reason of public work causes the construction or carrying out of any railway, tramway, drain, expenses may be reservoir, or other public work, the Council may recover from the recovered by Department, company, body, or person constructing or carrying out such railway, tramway, reservoir, drain, or other public work such sum as will suffice to keep such road in reasonable repair during such traffic, and fully to reconstruct such road after the construction of such railway, tramway, reservoir, drain, or other public work is completed. (2) Any dispute with respect to any matter arising under this section shall be settled by reference to the Minister, whose decision shall be final. (3) Any sum so paid may be added to the cost of the railway, tramway, reservoir, drain, or other public work. In the name and on behalf of His Majesty, I hereby assent to this Bill. W. E. G. A. WEIGALL, Governor. THE |