URBAN COUNCIL FINANCIAL BY-LAWS

URBAN COUNCIL FINANCIAL BY-LAWS

URBAN COUNCIL FINANCIAL BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... D2

3. [Cancelled] ... .. ... ... ... ... ... ... ... ... ... ... ... ... ... D2

4. Revision of estimates and supplementary provision ...
... ... D 2

5. Authorization of expenditure ... ... ... ... ... ... ... ... ... ... ... D 3

6. Variations of estimates of Personal Emoluments ... ... ... ... ... ... ... D 3

7. Virement between heads or sub-heads ... ...
... ... ... ... ... ... ... D 4

8. Director to report to Committee ...
... ... ... ... ... ... D 4

8A. Creation of new items, etc. ... ... ... ... ... ... ... ... ... D 4

9. Tender procedure ... ... ... ... ... ... ... ... ... ... ... D 4

10. Amount of tender ... ... ... ... ... ... ... ... ... .. 1 ... ... ... D 5

11. Delegations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... D5

12. Appeal to Standing Committee ... ... ... ... ... ... .11 ... ... ... D 6

13. Composition of the Committee and Select Committees for purposes of
certain

by-laws ... ... ... ... ... ... ... ... ... ... ... ... ... ... D6

14. General Reserve Fund ... ... ... ... ... ... ... ... ... ... ... ... D 6

15. Capital Projects Reserve Fund ... ... ... ... ... ... ... ... ... ... ... D 7

16. Museums Acquisition Reserve Fund ... ...
... ... ... .. 1 ... ... ... D 7





URBAN COUNCIL FINANCIAL BY-LAWS

(Cap. 101, section 37)

[29 March 1974.1

1. These by-laws may be cited as the Urban Council Financial By-
laws.

2. In these by-laws, unless the context otherwise requires-

'approved estimates of revenue' and 'approved estimates of
expenditure' mean respectively the annual estimates of revenue or
expenditure approved by the Council for each financial year and
any duly authorized variations thereto;

'Committee' means the Finance Select Committee of the Urban Council;

'Director' means the Director of Urban Services;

'lender board panel--- means a panel consisting of not less than 3
members of the Committee.

3. [Cancelled, L.N. 136/84]

4. (1) Under the heads of other charges, special expenditure or
capital expenditure, and for individual capital works projects, in
approved estimates of expenditure, authorization of expenditure in
excess of the provision appearing in any sub-head or item may be given

(a)where the provision in the sub-head or item does not exceed
$50,000 of an amount not exceeding 5 15,000 by the Deputy
Director of Urban Services;

(b)where the provision in the sub-head or item does not exceed
51,000,000 of an amount not exceeding 30 per cent by the
Director;

(e)where the provision in the sub-head or item exceeds
51,000,000 of an amount not exceeding 5300,000 by the
Director;

(d)where the provision in the sub-head or item exceeds
$1,000,000 of an amount not exceeding 30 per cent by the
Committee; and

(e)where the amount of the increase is more than 30 per cent of
the provision by the Standing Committee.

(2) Subject to paragraph (3), the person or committee authorizing
expenditure under paragraph (1) shall lay particulars of the authorization
before the Council within one month of the authorization.





(3) Where the Council is in recess and a person or committee is
thereby precluded laying before the Council particulars within one
month, such person or committee shall lay such particulars before the
Council at its first meeting after such recess.

5. (1) Subject to paragraphs (2) and (3), under any head of
expenditure in the approved estimates of expenditure the Director may
incur expenditure of an amount not exceeding the provision appearing in
any sub-head or item under such head:

Provided that the Director shall not incur expenditure in
accordance with any revision of staff salaries without the prior approval
of the Committee.

(2) Under the head of other charges in the approved estimates of
expeniture for minor works for items relating to additions, alterations
and improvements authorization of expenditure of an amount not
exceeding the provision appearing in the item may be given

(a)where the amount does not exceed $75,000 by an Assistant
Director of the Department of Urban Services;

(b)where the amount does not exceed 5100,000 by a Senior
Assistant Director of the Department of Urban Services;

(c)where the amount does not exceed $125.000 by the Deputy
Director of Urban Services;

(d)where the amount does not exceed $150,000 by the Director;
and

(e)where the amount exceeds $150,000 by the Capital Works
Select Committee.

(3) Under the head of other charges in the approved estimates of
expenditure for the leasing of premises, if the Commissioner of Rating
and Valuation has advised in respect of the lease, approval may be
given in accordance with such advice

(a) where the area to be leased does not exceed 500 square
metres by the Deputy Director of Urban Services; and

(b)where the area to be leased exceeds 500 square metres by the
Administration Select Committee.

6. Under the head of Personal Emoluments in the approved
estimates of expenditure a variation in the estimate of expenditure in any
sub-head or item may be authorized

(a)where the variation does not exceed 10 per cent of the
provision appearing in such sub-head or item by the Director;

(b)where the variation does not exceed 30 per cent of the
provision appearing in such sub-head or item by the
Committee; and





(c)where the variation exceeds 30 per cent of the provision
appearing in such sub-head or item by the Standing
Committee.

7. Where funds are appropriated to any sub-head or item under any
head of expenditure in the approved estimates of expenditure the
Director or the Deputy Director of Urban Services may authorize the
transfer of such funds to any other sub-head or item respectively under
that or any other head of expenditure of an amount in the case of an
authorization by the Director not exceeding 30 per cent or in the case of
an authorization by the Deputy Director not exceeding 15 per cent of
the provision appearing in the sub-head or item into which such funds
are transferred.

8. (1) Subject to paragraph (2), the Director, the Deputy Director of
Urban Services or any Assistant Director or Senior Assistant Director of
the Department of Urban Services, as the case may be, shall not less
than once in every month report to the Committee, and lay particulars
before the Council of, the incurring of any expenditure, the variation of
any estimate or the transferring of any funds between sub-heads or
items authorized respectively by by-law 5, 6 or 7.

(2) Where the Council is in recess and a person is thereby
precluded from laying before the Council such particulars within one
month, such person shall lay such particulars before the Council at its
first meeting after such recess.

8A. (1) The Standing Committee may create new sub-heads or items
to be included in the approved estimates of expenditure.

(2) Subject to paragraph (3), the Standing Committee authorizing
the creation of a new sub-head or item under paragraph (1) shall lay
particulars of the new sub-head or item before the Council within one
month of its creation.

(3) Where the Council is in recess and the Standing Committee is
thereby precluded from laying before the Council such particulars
within one month, the Standing Committee shall lay such particulars
before the Council at the first meeting of the Council after such recess.

9. (1) All supplies, stores or services required by the Council shall
be procured by invitation to tender.

(2) Tenders of value not exceeding $5,000 shall be obtained by oral
or written quotation from a minimum of 5 tenderers selected from the
register of tenderers kept by the Council.

(3) Tenders of a value in excess of $5,000 but not exceeding
5100,000 shall be procured by invitation to tender published in the
Gazette, or from a minimum of 5 tenderers selected from the register of
tenderers kept by the Council.





(4) Tenders of a value in excess of 5100,000 but not exceeding
5500,000 shall be procured by invitation to tender published in the
Gazette, unless an alternative tender procedure is approved by the
tender board panel.

(5) Tenders of a value in excess of $500,000 shall be procured by
invitation to tender published in the Gazette, unless an alternative
tender procedure is approved by the Committee.

10. (1) Tenders of a value not exceeding $500,000 shall be
submitted to and accepted or rejected by the tender board panel or a
public officer to whom the Committee has delegated its power.

(2) Tenders of a value in excess of 5500,000 shall be submitted to
and accepted or rejected by the Committee.

11. (1) Notwithstanding the provisions of by-laws 9 and 10-

(a)the Standing Committee may generally or specially authorize
the making of any purchase or the obtaining of any service for
the Council without recourse to tender,

(b)the Museums Select Committee may, where tender procedures
are impractical or inappropriate. without recourse to tender,
authorize expenditure

(i) on items for display in the Museums of the Council;

(ii) on the production of any presentation in the Space
Theatre; and

(iii) on exhibition expenses in the Museums of the Council,

of an amount not exceeding the provision therefor appearing
in the approved estimates of expenditure;

(c)the Libraries Select Committee may, where tender procedures
are impractical or inappropriate, without recourse to tender,
authorize expenditure on the purchase of books and provision
of library extension activities of an amount not exceeding 50
per cent of the provision therefor appearing in the approved
estimates of expenditure;

(d)the Culture Select Committee may, where tender procedures
are impractical or inappropriate, without recourse to tender,
authorize expenditure on the public cultural activities of the
Council of an amount not exceeding the provision for the
public cultural activities appearing in the approved estimates
of expenditure;

(e)the Entertainment Select Committee may, where tender
procedures are impractical or inappropriate, without recourse
to tender, authorize expenditure on the public entertainment
activities of the Council of an amount not exceeding the
provision for the public entertainment activities appearing in
the approved estimates of expenditures;

(f)the Recreation Select Committee may, where tender
procedures are impractical or inappropriate, without recourse





to tender authorize expenditure on the public recreation and
sports promotion activities of the Council of an amount not
exceeding the provision for public recreation appearing in the
approved estimates of expenditure; and

(g)goods and services, other than museum acquisitions, may
where tender procedures are impractical or inappropriate be
acquired without recourse to tender

(i) where the amount of the order does not exceed S300
upon the authority of Council sub-imprest account holders;

(ii) where the amount of the order does not exceed $5,000
upon the authority of the Chief Treasury Accountant or the
Senior Supplies Officer;

(iii) where the amount of the order does not exceed $50,000
upon the authority of the Deputy Director of Urban Services;

(M where the amount of the order does not exceed $50,000
and relates to public cultural and entertainment activities of
the Council, upon the authority of the Director of Cultural
Services; and

(v) where the amount of the order does not exceed 5100,000
upon the authority of the Director.

(2) Subject to paragraph (3) where any person or committee
authorizes any expenditure in excess of $1,000 under paragraph (1), such
person or committee shall lay particulars of such expenditure before the
Council within one month after it is incurred.

(3) Where the Council is in recess and a person or committee is
thereby precluded from laying before the Council particulars within one
month, such person or committee shall lay such particulars before the
Council at its first meeting after such recess.

12. Where any request by a Select Committee for any
supplementary provision is refused or deferred by the Committee, the
Chairman of such Select Committee may as of right appeal against such
refusal or deferral to the Standing Committee whose decision shall be
final.

13. (1) For the purposes of by-laws 9(c) and 11 (1)(b), (c), (d) and
(e), the Committee or Select Committee, as the case may be, shall consist
of not less than 3 members, one of whom shall be appointed to serve as
chairman at any meeting of the Committee or Select Committee, as the
case may be.

(2) Nothing in this by-law shall permit any person who is not a
member of the Council to serve on the Committee or Select Committee
for the purposes of the above mentioned by-laws.

14. (1) The Council may create a General Reserve Fund into which
and from which shall be paid such funds of the Council as the
Committee may from time to time determine.





(2) Monies standing to the credit of the General Reserve Fund not
immediately required by the Council shall he invested in accordance
with the provisions of section 43 of the Ordinance and the interest
earned thereon shall be credited to the revenues of the Council.

15. (1) The Council may create a Capital Projects Reserve Fund into
which shall be paid such funds of the Council as the Committee may
from time to time determine.

(2) Monies standing to the credit of the Capital Projects Reserve
Fund

(a)shall be applied by the Committee to defray costs for capital
works in excess of the provision for such works appearing in
the approved estimates of expenditure.

(b)shall, if not immediately required for the purposes of sub-
paragraph (a). be invested in accordance with section 43 of
the Ordinance and the interest earned thereon credited to the
revenues of the Council: and

(c)may, with the prior approval of the Standing Committee, be
applied for purposes other than those specified in sub-
paragraph (a).

16. (1) The Council may create a Museums Acquisition Reserve
Fund into which shall be paid the following

(a)such funds of the Council as the Committee may, from time to
time determine;

(b)such funds as may be donated to the Council for the
acquisition of museum or art pieces. and

(e)any interest that may from time to time accrue on monies
standing to the credit of the Museums Acquisition Reserve
Fund.

(2) Monies standing to the credit of the Museums Acquisition
Reserve Fund

(a)shall be applied by the Museums Select Committee to defray
the cost of acquisitions by the Museums of the Council; and

(b)shall, if not required for any purpose under subparagraph (a),
be invested in accordance with section 43 of the Ordinance.
L.N. 74/74. L.N. 284/75. L.N. 230/77. L.N. 319/77. L.N. 133/78. L.N. 94/80. L.N. 158/81. L.N. 340/81. L.N. 136/84. Citation. Interpretation. L.N. 136/84. Revision of estimates and supplementary provision. L.N. 340/81. L.N. 136/84. Authorization of expenditure. L.N. 340/81. L.N. 340/81. L.N. 136/84. L.N. 136/84. Variations of estimates of Personal Emoluments. L.N. 136/84. Virement between heads or sub-heads. L.N. 340/81. L.N. 136/84. Director to report to Committee. L.N. 340/81. L.N. 340/81. Creation of new items, etc. L.N. 340/81. Tender procedure. L.N. 136/84. Amount of tender. L.N. 136/84. Delegations. L.N. 284/75. L.N. 230/77. L.N. 133/78. L.N. 94/80. L.N. 158/81. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 340/81. L.N. 136/84. L.N. 340/81. Appeal to Standing Committee. Composition of the Committee and Select Committees for purposes of certain by-laws. L.N. 319/77. General Reserve Fund. Capital Projects Reserve Fund. L.N. 284/75. Museums Acquisition Reserve Fund. L.N. 340/81. L.N. 136/84.

L.N. 74/74. L.N. 284/75. L.N. 230/77. L.N. 319/77. L.N. 133/78. L.N. 94/80. L.N. 158/81. L.N. 340/81. L.N. 136/84. Citation. Interpretation. L.N. 136/84. Revision of estimates and supplementary provision. L.N. 340/81. L.N. 136/84. Authorization of expenditure. L.N. 340/81. L.N. 340/81. L.N. 136/84. L.N. 136/84. Variations of estimates of Personal Emoluments. L.N. 136/84. Virement between heads or sub-heads. L.N. 340/81. L.N. 136/84. Director to report to Committee. L.N. 340/81. L.N. 340/81. Creation of new items, etc. L.N. 340/81. Tender procedure. L.N. 136/84. Amount of tender. L.N. 136/84. Delegations. L.N. 284/75. L.N. 230/77. L.N. 133/78. L.N. 94/80. L.N. 158/81. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 136/84. L.N. 340/81. L.N. 136/84. L.N. 340/81. Appeal to Standing Committee. Composition of the Committee and Select Committees for purposes of certain by-laws. L.N. 319/77. General Reserve Fund. Capital Projects Reserve Fund. L.N. 284/75. Museums Acquisition Reserve Fund. L.N. 340/81. L.N. 136/84.

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