Provincial Powers Extension Act, 1947

by enacted by the Parliament of South Africa

Act

To amend the South Africa Act, 1909; to extend the powers of provincial councils in relation to municipal and other institutions or bodies; to validate the Peri-Urban Areas Health Board Ordinance, 1943, and paragraph (c) of section one hundred and twenty-five of the Local Government Ordinance, 1939, of the Transvaal, and to provide for matters incidental thereto.

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(English Text signed by the Governor-General.)
(Assented to 3rd June, 1947.)

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Be it enacted by the King’s Most Excellent Majesty, the Senate and the House of Assembly of the Union of South Africa, as follows:―

Amendment of section 85 of the South Africa Act, 1909, as amended by section 1 of Act 1 of 1926.

1. Section eighty-five of the South Africa Act, 1909, is hereby amended by the substitution for paragraph (vi) of the following paragraph:

“(vi) (a)		Municipal institutions, divisional councils and other local institutions of a similar nature;
(b)		Any institutions or bodies other than such institutions as are referred to in sub-paragraph (a), 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 are referred to in sub-paragraph (a), 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).”.

Appointment of members of local institutions or other bodies.

2. An ordinance passed by a provincial council in relation to any matter referred to in paragraph (vi) of section eighty-five of the South Africa Act, 1909, may provide 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 referred to in the said paragraph.

Date of commencement of sections 1 and 2 of this Act.

3. Sections one and two shall be deemed to have come into operation on the first day of January, 1920.

Certain offences under Ordinance No. 20 of 1943 (Transvaal) and under certain regulations made under section 126 of Ordinance No. 17 of 1939 (Transvaal) not punishable.

4. Notwithstanding anything to the contrary in this Act contained, no person shall be convicted or sentenced in respect of any offence under―

(a)		any of the provisions of the Peri-Urban Areas Health Board Ordinance, 1943, of the Transvaal or the regulations or by-laws made thereunder, if that offence was committed between the fifth day of November, 1946, and the date of commencement of this Act;
(b)		any regulations made under section one hundred and twenty-six of the Local Government Ordinance, 1939, of the Transvaal in respect of the area of jurisdiction of any health committee constituted under section one hundred and twenty-four of the said Ordinance, the members of which have been appointed by the Administrator in terms of paragraph (c) of section one hundred and twenty-five of the said Ordinance, if that offence was committed between the eighth day of April, 1947, and the date of commencement of this Act.

Short title.

5. This Act shall he called the Provincial Powers Extension Act, 1947.