33. (1) Subject to sub-article (2) of this article and
to the provisions of any other law for the time being in force,
the functions of each Local Council shall be:
(a) to provide for the upkeep and maintenance of, or improvements
in, any street or footpath, not being privately owned:
Provided that maintenance in relation to any street or footpath
includes the patching or resurfacing thereof, but does not include
its reconstruction;
(b) to provide for the collection and removal of all refuse from
any public or private place, for the maintenance of cleanliness
and for the establishment, upkeep and maintenance of all public
conveniences, dustbins and other receptacles for the temporary
deposit and collection of waste, and to ensure that these are
accessible to all persons, including persons using a wheel-chair;
(c) to provide for the establishment, upkeep and maintenance
of children's playgrounds, public gardens and sport, cultural
or other leisure centres, and to ensure that these are, as far
as possible, accessible to all persons, including persons using
a wheel-chair;
(d) to provide and maintain proper road signs and road markings,
in conformity with national and international standards, to establish
and maintain pedestrian and parking areas and to provide for the
protection of school children in the vicinity of schools;
(e) to propose to and, where applicable, be consulted by any
competent authority prior to the competent authority making any
changes in traffic schemes directly affecting the locality;
(f) to make recommendations to any competent authority for or
in relation to any planning or building scheme and to be a full
participant in any decisions on the naming or renaming of streets;
(g) within the parameters of any national plan, to issue guidelines
to be followed in the upkeep, restoration, design or alteration
of the facade of any building or of any building or any part of
a building normally visible from a street, including the type
of lighting and materials used, advertisements and shop fronts,
and in the case of premises which are open to the public, to ensure
that such premises are, as far as possible, accessible to all
persons, including persons who use a wheel-chair;
(h) to assist citizens by providing, where applicable in conjunction
with any competent authority, information relating to the rights
of citizens in general, including information on consumers' rights,
transport, communications, tourist facilities, taxation, social
security, public health and other matters of public utility and
interest;
(i) to advise and, where applicable, be consulted by, any authority
empowered to take any decisions directly or indirectly affecting
the Council and the residents it is responsible for;
(j) as part of a national scheme, to provide in conjunction with
any competent authority, for the establishment, upkeep and maintenance
of creches, kindergartens and other educational services or buildings;
(k) as part of a national scheme, to provide in conjunction with
any competent authority for the establishment, upkeep and maintenance
of health and rehabilitation centres, government dispensaries,
health district offices and homes for senior citizens;
(l) to propose to the Minister responsible for education, persons
to be appointed as presidents of primary school councils;
(m) to enter into agreements with any public body or government
department for the delegation to the Council of any of the functions
of that public body or department:
Provided that any such delegation shall only come into effect
after the Minister has made the relevant order in the Gazette;
(n) to perform any other function which shall be delegated to
it by the Government through the Minister by means
of an order published in the Government Gazette;
(o) to provide for all such other works, things, matters and
services which are not excluded from a Council's competence by
any law for the time being in force nor assigned to any other
authority.
(2) Arterial and distributor roads determined by the Structure
Plan, national monuments, national parks or gardens, industrial
estates, ports, airports and other national territories, establishments,
buildings and items listed in the Fourth Schedule to this Act
are the responsibility of the Government, except as provided in
terms of paragraph (m) or (n) of sub-article (1) of this article,
and are totally excluded from the competence of Local Councils.
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