Provincial Government Act, 1961/1986-07-01

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Provincial Government Act, 1961

as at 1 July 1986

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This is the text of the Provincial Government Act, 1961, as at 1 July 1986, that being the date on which the non-financial provisions of the Provincial Government Act, 1986, came into force.

1040326Provincial Government Act, 1961 — as at 1 July 1986

Act

To provide for provincial councils and their powers and the administration of provincial matters, and for matters connected therewith.

[Long title substituted by s. 101 of Act No. 110 of 1983.]

(Afrikaans text signed by the Governor-General.)
(Assented to 24th April, 1961.)

as amended by

[Preamble and Parts I–V repealed by s. 101 of Act No. 110 of 1983.]

Part VI.

The Provinces.

[Ss. 66–83 repealed by s. 22 of Act No. 69 of 1986.]

Powers of Provincial Councils.

Powers of provincial councils.

84. (1) Subject to the provisions of this Act, the Financial Relations Act, 1976 (Act No. 65 of 1976), and the assent of the State President as hereinafter provided, and except in so far as the provisions of Part IV of the Republic of South Africa Constitution Act, 1983, have under section 98 (3) (a) of the last-mentioned Act been declared to apply to any ordinance or other law of the province, a provincial council may make ordinances in relation to matters coming within the following classes of subjects, namely—

(a)

direct taxation within the province in order to raise revenue for provincial purposes;

(b)

the borrowing of money on the sole credit of the province with the consent of the State President and in accordance with regulations framed by Parliament;

[Para. (b) amended by s. 33 (a) of Act No. 101 of 1980.]

(c)

education, other than higher education, education for Coloured persons as defined in section one of the Coloured Persons Education Act, 1963, education for Indians as defined in section one of the Indians Education Act, 1965, and Black education, until Parliament otherwise provides;

[Para. (c) amended by s. 37 of Act No. 47 of 1963, by s. 36 of Act No. 61 of 1965, and by s. 17 of Act No. 102 of 1978.]

(d)

agriculture to the extent and subject to the conditions defined by Parliament;

(e)

the establishment, maintenance and management of hospitals and charitable institutions;

(f)

(i)

municipal institutions, divisional councils and other local institutions of a similar nature;

(ii)

any institutions or bodies other than such institutions as are referred to in sub-paragraph (i), which have in respect of any one or more areas (whether contiguous or not) situated outside the area of jurisdiction of any such institution as is referred to in sub-paragraph (i), authority and functions similar to the authority and functions of such institutions as are referred to in the said sub-paragraph, or authority and functions in respect of the preservation of public health in any such area or areas, including any such body as is referred to in section seven of the Public Health Act, 1919 (Act No. 36 of 1919);

(fA)

the assistance which a province may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa or to any institution or body contemplated in paragraph (f) and established in any other province;

[Para. (fA) inserted by s. 4 of Act No. 61 of 1972 and substituted by s. 1 of Act No. 30 of 1977 and by s. 2 (a) of Act No. 31 of 1980.]

(fB)

the assistance which any institution or body contemplated in paragraph (f) may, with the approval of the State President, render to any other state, territory, province or the territory of South West Africa;

[Para. (fB) inserted by s. 2 (b) of Act No. 31 of 1980.]

(fC)

the assistance regarding civil defence which any institution or body contemplated in paragraph (f) may, with the approval of the administrator concerned, render to any such institution or body established in any other province, and the assistance which any institution or body so contemplated may with such approval render for the relief of the distress of persons who are or will be affected by an event declared to be a disaster under section 26 of the Fund-raising Act, 1978 (Act No. 107 of 1978);

[Para. (fC) inserted by s. 2 (b) of Act No. 31 of 1980 and substituted by s. 1 (a) of Act No. 88 of 1983.]

(g)

local works and undertakings within the province, other than railways and harbours, and other than such works as extend beyond the borders of the province and subject to the power of Parliament to declare any work a national work and to provide for its construction by arrangement with the provincial council or otherwise;

[Para. (g) amended by s. 33 (b) of Act No. 101 of 1980.]

(h)

roads, outspans, ponts and bridges, other than bridges connecting two provinces;

(i)

markets and pounds;

(j)

fish and game preservation, subject to the provisions of section fourteen of the Sea Fisheries Act, 1940 (Act No. 10 of 1940);

(k)

the imposition of punishment by fine or imprisonment for enforcing any law or any ordinance of the province made in relation to any matter coming within any of the classes of subjects enumerated in this section.

[Para. (l) and (m) repealed by s. 22 of Act No. 69 of 1986.]

[Sub-s. (1) amended by s. 101 of Act No. 110 of 1983.]

(2) An ordinance passed by a provincial council in relation to any matter referred to in paragraph (f) of subsection (1) may provide―

(a)

for the appointment by the administrator of the province concerned, or any specified authority, of the members or any number of the members of any institution or body contemplated in that paragraph;

(b)

for the area of jurisdiction of an institution contemplated in subparagraph (i) of that paragraph to comprise one or more areas (whether contiguous or not).

[Sub-s. (2) substituted by s. 1 (b) of Act No. 88 of 1983.]

[Sub-s. (3) deleted by s. 33 (c) of Act No. 101 of 1980.]

[Ss. 66–83 repealed by s. 22 of Act No. 69 of 1986.]

Constitution of Provincial Revenue Fund.

88. (1) There shall in every province be a provincial revenue fund into which shall be paid all revenues as defined in section 1 of the Provincial Finance and Audit Act, 1972.

[Sub-s. (1) substituted by s. 34 (a) of Act No. 18 of 1972.]

(2) No moneys shall be withdrawn from a provincial revenue fund except in accordance with an Act of Parliament.

[Sub-s. (2) substituted by s. 34 (b) of Act No. 18 of 1972.]

(3) The administrator of a province may, subject to the laws relating to education, authorize every educational institution in the province which is specified in a list published by the State President by proclamation in the Gazette, to retain and apply such of its revenues and other moneys received by it, as the administrator may from time to time determine, for the purpose of meeting its expenditure, and such revenues and other moneys shall, notwithstanding the provisions of sub-section (1), not to be paid into the provincial revenue fund, but shall be accounted for and dealt with as the administrator may prescribe.

[Ss. 89–93 repealed by s. 22 of Act No. 69 of 1986.]

[Parts VII–VIIIA repealed by s. 101 of Act No. 110 of 1983.]

[Ss. 107–109 repealed by s. 101 of Act No. 110 of 1983.]

[S. 110 repealed by s. 22 of Act No. 69 of 1986.]

[Ss. 111–113 repealed by s. 101 of Act No. 110 of 1983.]

[S. 114 repealed by s. 22 of Act No. 69 of 1986.]

[Ss. 115–118 repealed by s. 101 of Act No. 110 of 1983.]

[Ss. 119–121 and the Schedule repealed by s. 22 of Act No. 69 of 1986.]

Provincial Government Act, 1961/1986-07-01

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