Unemployment (Relief Works) Act, 1940
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Transfer of powers in relation to roads. |
4.—(1) Whenever the Minister is of opinion that, for the purpose of providing employment for unemployed persons, it is expedient that a particular work of public utility consisting of the construction of a new road or the improvement of an existing road or partly of such construction and partly of such improvement should be undertaken and executed by a local authority which is not charged by virtue of section 24 of the Local Government Act, 1925 (No. 5 of 1925), with the construction and maintenance of such road (whether new or existing or partly new and partly existing) or is charged by virtue of the said section with the construction and maintenance of a portion or portions only of such road, the Minister may, subject to the limitation imposed by this section and after consultation with such local authority and with the council charged by virtue of the said section 24 with the construction and maintenance of such road or of the portion or portions thereof with the construction and maintenance of which such local authority is not charged as aforesaid (as the case may be), by order transfer as on and from a specified date to such local authority from the said council all the powers and duties of the said council under the said Local Government Act, 1925 , in relation to such road or the said portion or portions thereof (as the case may be) and all powers and duties of the said council under any other enactment in relation to the construction, improvement, and maintenance thereof. | |
(2) No order, except an amending order under the next following sub-section, shall be made by the Minister under this section after the expiration of two years from the date on which the Emergency Powers Act, 1939 (No. 28 of 1939), ceases to be in force. | ||
(3) The Minister may by order whenever he so thinks proper amend an order made by him under this section, including an order made under this sub-section. | ||
(4) Whenever the Minister has made an order under the first sub-section of this section, the powers and duties transferred by such order shall, as on and from the date specified in that behalf in such order but subject to any amendment of such order made under the next preceding sub-section of this section, be exercisable and performed by the local authority to which they are so transferred and by no other authority. | ||
(5) Any expenses incurred by the corporation of a county or other borough, or the council of a county or of an urban district to whom powers and duties in relation to any road are transferred by order under this section in the exercise and performance of such powers and duties shall be raised and charged as if such road were a main road, a county road, or an urban road (as the Minister shall direct) situate in such county or other borough, or county or urban district, as the case may be. |