P.N. 2/1963 SECTION E.6

BYLAWS RELATING TO STREET COLLECTIONS

1. In these Bylaws:

"Welfare Organisation" means welfare organisations as defined in Section 1 of the National Welfare Act (No. 79 of 1965) or charitable organisations which are exempt from registration in terms of the said Act.

"Chief Constable"means the Chief Constable of the City of Durban, or any officer for the time being acting in that capacity.

"City Treasurer" means the City Treasurer of the City of Durban or his duly appointed representative.

"Council" means the City Council of the City of Durban.

"Town Clerk" means the Town Clerk of the City of Durban. (P. N. 81/75)

1A. Nondiscrimination

(1) Subject to the provision of subsection (2) hereof, no provision of these Bylaws shall be applied so as to discriminate between persons on the grounds of race, religion or gender nor shall it be so construed as to have the effect of authorising such discrimination.

(2) Notwithstanding the provisions of subsection (1) hereof, discrimination on the grounds of gender may expressly be authorised in terms of any provision of these Bylaws which prescribes the wearing of appropriate apparel in a public place or imposes a restriction upon the entry of persons into public ablution, toilet and change room facilities or prescribes different standards or such facilities.

(M.N. 43/92)

2. No person other than a person appointed by a Welfare Organisation which the Council has authorised in terms of these Bylaws to cause a collection of money or in kind to be taken on its behalf in any street or public place within the Borough, shall in any such street or public place -

(a) collect or attempt to collect money for any object whatsoever, or

(b) solicit assistance in kind towards the maintenance, conduct or management of a welfare organisation provided that this Bylaw shall not apply to a collection of money at a public recreation ground by an amateur sports club or association while such ground is being used by such club or association with the permission of the Council; provided that this section shall not apply to a collection of money in the form of gratuities by or on behalf of performers who participate in street entertainment in respect of which written permission has been granted in terms of section 2(ter) of the Council's General Bylaws if the performance takes place in accordance with the conditions imposed upon the granting of such permission.

(P.N. 504/85)

3. No person appointed in terms of Bylaw 2 hereof shall in any street or public place within the Borough -

(a) collect or attempt to collect money for any object whatsoever, or

(b) solicit assistance in kind towards the maintenance, conduct or management of a welfare organisation save on a date and within the hours specified by the Council.

4. No person appointed in terms of Bylaw 2 hereof shall in any street or public place within the Borough collect or attempt to collect money for any object whatsoever save in a collection box belonging to the Council, and obtained from the Chief Constable.

5. Every welfare organisation desiring to obtain the authority of the Council to cause a collection of money or in kind to be taken on its behalf in any street or public place within the Borough shall apply in writing to the Town Clerk therefor. With its application it shall forward the following documents, namely:

(a) A copy of its Constitution and Rules;

(b) A certificate of registration, permit or letter of delegation issued in terms of the National Welfare Act No. 79 of 1965;

(c) Its Balance Sheet for the last preceding financial year;

(d) A certificate giving the name of its treasurer.

(P.N. 81/75)

6. (1) The Town Clerk on receipt of any such application shall refer the same to the Council for consideration and the Council may either refuse the application or grant same.

(2) Should the Council grant the application its permission shall be subject to the following conditions:

(a) The collection shall only be made on the date and in the area or areas and within the hours specified by the Council.

(b) A representative of the organisation concerned shall prior to the collection date, collaborate with and receive instructions from the City Treasurer in regard to -

(i) hours of collection as specified by the Council;

(ii) delivery and return of collection boxes;

(iii) labelling and numbering of boxes, printing requirements, covering badges, labels, receipt forms and stationery which shall be provided or supplied by the organisation;

(iv) banking arrangements;

(v) use of premises belonging to the Council.

(c) In the case of a collection of money, a person appointed to collect shall use a collection box belonging to the Council and obtainable from the Chief Constable and no other. Every such collection box shall be sealed before being issued; provided that the Chief Constable may refuse to issue the box unless a certificate from the City Treasurer that the organisation has complied with his requirements is produced.

(d) No person other than the Treasurer of the Welfare Organisation or his nominee shall break the seals on any collection box.

(e) All moneys extracted from collection boxes shall be banked by the Treasurer of the Welfare Organisation or his nominee as soon as possible after the collection has closed and a copy of the relevant bank deposit slip shall be lodged with the City Treasurer as proof that the bank account of the organisation has been credited with amount collected.

(f) The Treasurer of the Organisation, or alternatively, a registered public accountant, shall within 7 days from the day of collection also lodge with the City Treasurer a certificate, in the form prescribed in the schedule to these bylaws, certifying that the collection has been supervised adequately and that to the best of his knowledge and belief, all moneys have been accounted for.

(g) The organisation concerned shall return the official street collection boxes to the Chief Constable within 48 hours after their contents have been extracted or in the event of a street collection being held on a Saturday, then the official street collection boxes shall be returned to the Chief Constable not later than 12 noon on the Tuesday following.

(h) The proceeds of a street collection shall be used solely in accordance with the Constitution of the Welfare Organisation.

(i) No person under the age of sixteen shall be appointed to collect or solicit assistance in kind.

(3) In this Section references to the Council include any of its Committees to whom the Council has made a delegation of its powers under Ordinance No. 10 of 1953 (as amended).

7. Any person committing a breach of any of these bylaws shall be liable upon conviction to imprisonment with or without hard labour for a period not exceeding three months or to a fine not exceeding Two Hundred Rand or to such imprisonment as aforesaid in default of the payment of such fine. (P.N. 366/83).

 

SCHEDULE

Street Collection held on

on behalf of

 

CERTIFICATE

I certify that -

(1) collection boxes were received from the Chief Constable,

City Police Department, on

19 . . . . . . . and that the seals on these boxes

were examined by me and found to be intact.

(2) Signatures were received from individual collectors for all collection boxes handed over to them.

(3) I checked the seals on all collection boxes as they were returned by collectors and found these seals to be intact except for the following:

Reason for Seal

Box Issued to being broken

(4) Collection boxes as detailed hereunder cannot be accounted for, and a cheque is enclosed to reimburse the Durban City Council for the loss of the boxes estimated at R

per box.

Box Issued to Comments

(5) Funds Collected amounted to R which sum was

paid to the credit of

bank account on 19 . . . . . . and in

support of which copies of the relevant bank deposit slips stamped by the bank concerned are attached.

(6) I have exercised the necessary supervisory control over the collection of these money, and to the best of my knowledge and belief, all funds collected have been brought to account.

(7) The bylaws relating to Street Collections promulgated under Provincial Notice No. 2 of 1963 have been complied with in so far as they are applicable.

Public Accountant / Treasurer