Local Government (Amendment) Act, 2017 (No. 10 of 2017)

8. Section 62 of the principal Act is amended y inserting Amendment therein, in the correct alphabetical order, the definition of the words of 5.62 of the “Valuation Tribunal” as follows— — “Valuation Tribunal” means the Tribunal appointed under section 78A.”.

9. Section 63 of the principal Act is amended— Amendment f s.63 of th (a) in paragraph (c) by adding, at the end of the paragraph, the principal At words,..... “, but shall not include those which are privately owned”; (6) in paragraph (e) by inserting the word “public” immediately before the word “railway”; (c) by inserting, immediately after paragraph (e), a new paragraph, to be paragraph (f), as follows— “(f) rivers, streams and buffer zones except those which are privately owned.”.

10. Section 66 of the principal Act is amended— asides OT S.| of the (a) in subsection (2), by deleting the word “excluded” and principal Act substituting therefor the word “demolished”; and (c) in subsection (3), by deleting the words “may estimate the value of the property as if it had been completed or occupied and may levy a rate calculated on such estimated value which” and substituting therefor the words “shall use the estimated value of the property for rating purposes and such rates”.

11. Section 67 of the principal Act is. repealed and replaced with Replacement the following new section— of s.67 of the principal Act <!-- page 4 --> 4 Local Government (Amendment) No. 10 “Valuer . 67,—(1) Each valuation and preparation. of valuation rolls and supplementary valuation rolls shall be undertaken by a valuer registered under the Land Economy Surveyors, Valuers, Estate Agents and Cap. 53:08 Auctioneers Act. (2) Alocal government authority shall pay fees and expenses incurred by a valuer in respect of his duties under this Act together with remuneration and other expenses as may be agreed upon between the local government authority and the valuer.”. Amendment 12. Section 68 of the principal Act is amended by deleting ee ee subsection (2) and substituting therefor the following new =— _ Subsection, as subsection (2)— “(2) The total valuation of an assessable property shall represent the fair amount of income in rental which the property is likely to realize at the time of the valuation if the property were in a reasonable state of repair, having regard to the type of property and the area in which it is situated.”’. Amendment of 13. Section 73 of the principal Act is amended in subsection (2) s.73 ofthe ~ by deleting the words “K5,000” and “K1,000” and substituting Principal Act therefor the words “K50,000” and “K10,000”, respectively. Amendment of _ 14, Section 75 of the principal Act is amended in subsection (2) 8.75 e ihe by deleting the word “one” immediately after the words “at least” Principal Act and substituting therefor the word “two”. Amendment of | 15. Section 76 of the principal Act is amended in subsection (1) 8.76 ofthe paragraph (b) by— principal Act (a) deleting the word “valuer” appearing in the fourth line and substituting therefor the word “Council”; and (5) adding the words “and the Council shall in turn advise the valuer of the objection.”, at the end of the paragraph. Insertion of ss. 16. The principal Act is amended by inserting, immediately ae pat after section 78, the following new sections, as sections 78A, 78B 78C into the and 78C. principal Act “Valuation 78A_—{1) The Minister shall appoint a Valuation Tribunal ==Tribunal which shall consist of-— (a) a Resident Magistrate or a legal practitioner of not less than five years’ experience, who shall be the Chairperson of the Valuation Tribunal, recommended by the Judicial Service Commission; <!-- page 5 --> No. 10 Local Government (Amendment) ‘Valuation Tribunal Proceedings of a valuation Tribunal (b) three valuers recommended by the Board of Registration of Land Economy Surveyors, Valuers, Estate Agents and Auctioneers; and (c) a person conversant with issues of land economy. (2) A local government authority having jurisdiction in the area where an issue arises for the consideration of the Valuation Tribunal shall be responsible for the payment of expenses, fees and allowances for the members of the Valuation Tribunal as may be prescribed. (3) A member of the Valuation Tribunal shall not, by reason only of the payment to him of a fee or allowance under this Act, be deemed to be an officer of the local government authority or to have a pecuniary interest in any contract or proposed contract or other matter of the local government authority.

78B.—(1) The Chief Executive Officer or other person appointed by a local government authority, shall act as clerk to the Valuation Tribunal. (2) At each sitting of the Valuation Tribunal, three members present shall constitute a quorum, and a decision of the Valuation Tribunal shall be arrived at by a vote of a majority of the members present and voting; and, in case of an equality of votes, the Chairperson or a member acting as a Chairperson shall have a casting vote. (3) Amember of the Valuation Tribunal shall not sit on a hearing of a matter in which he is directly or indirectly interested or concerned as being liable to pay the rates or a part of the rates in question. ' (4) In case of a vacancy in the Valuation Tribunal or incapacity to act by a member, so that a quorum cannot be formed, the local government authority may at once, appoint a suitable person temporarily or otherwise to fill up the vacancy or the place of a member incapable of sitting. (5) The clerk shall publish notice of a sitting of the Valuation Tribunal not later than seven days before the fixed date of its first sitting. © (6) The Valuation Tribunal shall determine its own procedures. <!-- page 6 --> Local Government (Amendment) No. 10 of objectives by (7) Proceedings before the Valuation Tribunal shall be deemed to be judicial proceedings as defined under section 4 of the Penal Code.

78C.—(1) An aggrieved person who is not satisfied with the decision of the valuer under section 76, may appeal against the decision of the Valuer to the Valuation Tribunal. (2) The Valuation Tribunal shall, at a sitting duly called by the clerk, consider the appeal made under subsection (1). (3) The clerk shall send a notice of the date to the persons mentioned in subsection (3) not less than seven days before the day fixed for the consideration by the Valuation Tribunal of the appeal; but the Valuation Tribunal may hear the appeal at shorter notice if all the persons entitled to be heard on the appeal consent. (4) On the consideration of the appeal, the local government authority, the person who lodged the appeal and a rateable owner of the property, which is the subject of the appeal, may appear and be heard, either in person or by legal practitioner or an accredited Tepresentative, and may call and examine witnesses before the Valuation Tribunal. (5) After hearing the persons mentioned in subsection (3), or such of them as desire to be heard, the Valuation Tribunal shall confirm, or may amend the draft valuation roll or draft supplementary valuation roll, by way of reduction, increase, addition or omission, as it may consider appropriate. © (6) Where the Valuation Tribunal has amended a draft valuation roll or draft supplementary valuation roll in accordance with subsection (4), the Valuation Tribunal may make further amendments to the roll, as it may consider appropriate, in consequence of the first- mentioned amendment: Provided that— (a) the further amendment by way of increase or addition shall not be made unless the rateable owner concemed has been given at least fourteen days’ prior notice of the proposed amendment and of the date of the sitting of the Valuation Tribunal at which such amendment will be considered; and <!-- page 7 --> No. 10 Local Government (Amendment) 7 (b) the rateable owner may lodge an objection to such further amendment in writing, so as to reach the clerk not less than three days before the date of the sitting of the Valuation Tribunal at which such amendment will be considered. (7) The Valuation Tribunal shall consider the objections made under paragraph (b) of the proviso to subsection (5), and the provisions of subsection (3) shall apply, mutatis mutandis, in respect of those objections.”.

17. Section 79 of the principal Act is amended in subsection Amendment (1) by deleting the word “all” and substituting therefor the word °f:- 79 ofthe x = principal Act some”.

18. Section 83 of the principal Act is amended in Amendment subsection (1)— of s. 83 of the principal Act (a) in paragraph (d), by adding, at the end of the paragraph, the words “that is not operating on a commercial basis”; (b) in paragraph (e) by adding, at the end of the paragraph, the words “that is not operating on a commercial basis.”,

19. Section 84 of the principal Act is repealed and replaced with the following new section— “Exempted 84. — (1) A rate shallnot be made or levied in respect properties of assessable property owned by a diplomatic mission as may be approved by the Minister responsible for foreign affairs. (2) The decision of the Minister shall be based on existing reciprocal agreement with the State of the relevant diplomatic mission.”. Replacement of s. 84 of the principal Act Passed in Parliament this twenty fifth day of November, two thousand and sixteen. FIONA. KALEMBA Clerk of Parliament <!-- page 8 -->