By Tajeram Mohabir
LOCAL Government Minister Mr. Kellawan Lall yesterday tabled the Fiscal Transfers, and Municipal and District Councils (Amendment) Bills before the National Assembly and requested both pieces of legislations be sent to a Special Select Committee.

The bills follow on the heels of the presentation of the Local Government Commission and Local Government (Amendment) Bills to the House the previous Thursday.

The Fiscal Transfers Bill seeks to give effect to article 77 (A) of the constitution by aiming to make a local democratic organ as autonomous as possible including its ability to sustain itself financially.

According to the Bill, under the present financial dispensation, the revenue sustaining the local authorities comes from rates and taxes that are collected by central government and other sources.

The fiscal arrangements set out in the Bill, places emphasis more on revenue collection.

There is provision in section four of the legislation for the eligibility for fiscal transfers to a local democratic organ governed by three conditions, each of which has to be complied with in order to benefit from the transfer.

These are, one, the budget estimates of a local democratic organ for the following year has to be submitted to the given council by November of the current year.

Two, the budget as submitted, has to include expenditure and revenue data relating to the last year for which actual expenditure and revenue are available, along with the previous year’s budget estimates.

And lastly, the budget as submitted shall include notes indicating the basis for all revenue forecasts, including with specific regard to property rates and percentage of billable rates collected or are to be collected.

These will also carry notes providing explanations for any differences in expected and actual collection of property taxes for all actual budget and supplementary information required to be contained in that budget.

The bill specified that the formula for fiscal transfer shall be prescribed by regulations and all grants and disbursements shall be aimed at improving the overall performance of the local democratic organs.

The other piece of legislation, the Municipal and District Councils (Amendment) Bill, aims to amend chapter 28:01 of the Municipal and District Councils Act, to revise the provisions pertaining to municipal councils.

“During the course of this revision, no distinction is made between individual councils and towns,” the Bill stated.

The legislation seeks to update various fines, fees and charges in order to make them meaningful in view of current currency values and present day market prices for goods and services.

“Provision is also made for the devolution of powers from the minister onto the various Town Councils; and for the Town Councils to report directly to the minister rather than go through the relevant Regional Democratic Councils,” the Bill noted.

Meanwhile, the Administration of Justice Bill, the Bills of Sale (Amendment) Bill, and the Summary Jurisdiction (Lay Magistrates) Bill, all piloted in the name of Legal Affairs Minister and Attorney General Mr. Charles Ramson were read for the first time.

The Administration of Justice Bill seeks to increase the limitation of the jurisdiction of a Magistrate’s Court. Currently, a Magistrate may hear a civil matter involving a sun of $50,000. The amendment aims to up this amount to $100,000.

The Bill of Sales (Amendment) Bill aims to remove the requirement for annual renewal of bills of sales and substitute the requirement of renewal every three years.

The other legislation, the Summary Jurisdiction (Lay Magistrates) Bill provides for the constitution of Lay Magistrates’ Court, the appointment of such magistrate and for the regulation of their jurisdiction, practice and procedure.

According to the Bill, the law as regards the present magistrates remains unchanged and magistrates and lay magistrates will work side by side in the magisterial districts.

“A lay magistrate shall have jurisdiction throughout Guyana. Fit and proper persons with certain experience may be appointed as lay magistrates, who would be protected when acting judicially,” the Bill stated.

It explained that a lay magistrate may try any criminal offence ‘triable’ summarily if the punishment does not exceed $10,000 and may try a civil case where the dispute does not exceed $25,000.

The legislation pointed out, too, that it is their duty to promote reconciliation and encourage and facilitate settlement in an amicable way in proceedings of common assault and non-felonious offences.