Act No 21 OF 2012

Act-No-21of2012-Local-Authorities-Special-Provisions.pdf
NadunReplacecont

PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
LOCAL AUTHORITIES (SPECIAL PROVISIONS)
ACT, NO. 21 OF 2012
[Certified on 15th November, 2012]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of November 16, 2012
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 5.00 Postage : Rs. 15.00

Local Authorities (Special Provisions) 1
Act, No. 21 of 2012
[Certified on 15th November, 2012]
L.D.—O. 19/2008.
ANACT TO AMEND THE MUNICIPAL COUNCILS ORDINANCE,THE URBAN
COUNCILS ORDINANCE AND THE PRADESHIYA SHABHA ACT,
NO. 15 OF 1987.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. (1) This Act may be cited as the Local Authorities Short title and
(Special Provisions) Act, No. 21 of 2012 and shall come into the applicability.
operation on such date as the Minister may appoint by Order
published in the Gazette.
(2) The provisions of sections 5, 9 and 13 of this Act shall
be applicable to the election of a Mayor of a Municipal
Council or a Chairman of an Urban Council or Pradeshiya
Sabha, as the case may be, where such election is being held
in terms of the provisions of the Local Authorities Elections
Ordinance (Chapter 262) as amended by Act, No. 21 of 2012.
PART I
AMENDMENTS TO THE MUNICIPAL COUNCILS ORDINANCE
(CHAPTER 252)
2. Section 5 of the Municipal Councils Ordinance Replacement of
(Chapter 252) (hereinafter in this Part referred to as the section 5 of
“principal enactment”) is hereby repealed and the following Chapter 252.
section is substituted therefor :—
“Composition 5. (1) Each Municipal Council shall
of Municipal
consist of :—
Councils.
(a) such number of elected Councillors as
determined by the Minister by Order
made under section 3c of the Local
Authorities Elections Ordinance (Cap.
262); and
2—PL 005296— 4,090 (10/2010)
2 Local Authorities (Special Provisions)
Act, No. 21 of 2012
(b) such number of other Councillors not
exceeding thirty per centum of the total
number of elected Councillors as
determined by the Minister by Order
made under section 3C of the Local
Authorities Elections Ordinance
(Cap. 262), to be returned as Councillors
under section 65A of that Ordinance, to
represent those electors who have not
secured any representation in the
Council, at the election held for the
election of Councillors.
(2) Where the number constituting thirty
per centum referred to in paragraph (b) of
subsection (1) is an integer and fraction, the
integer shall be deemed to be the number
which shall constitute such thirty per centum,
for the purpose of that subsection.”.
Amendment of 3. Section 13 of the principal enactment is hereby
section 13 of the amended in subsection (3) of that section, by the substitution
principal
for all the words from “with the provisions of the Local
enactment.
Authorities Elections Ordinance,” to the end of that
subsection, and the substitution therefore of the words “with
the provisions of section 66A of the Local Authorities
Elections Ordinance (Cap. 262), and the person so elected
shall hold office as a Councillor, until the next succeeding
general election of Councillors of that Council.”.
Amendment of 4. Section 14 of the principal enactment as amended by
section 14 of the Law No. 24 of 1977, is hereby further amended as follows:—
principal
enactment.
(1) by the repeal of paragraph (b) of subsection (2) of
that section, and the substitution therefor of the
following paragraph:—
“(b) a Mayor or Deputy Mayor who resigns or
vacates his office, shall however continue to
be a Councillor.”; and
Local Authorities (Special Provisions) 3
Act, No. 21 of 2012
(2) by the repeal of subsection (7) of that section and
the substitution therefor of the following
subsection:—
“(7) Whenever the office of Mayor of a Municipal
Council falls vacant, notice of such vacancy shall
forthwith be given by the Commissioner to the
Commissioner of Local Government and the
Commissioner of Local Government shall
thereupon proceed to fill such vacancy in the
manner provided for the same in the Local
Authorities Elections Ordinance (Cap. 262).”.
5. Section 26 of the principal enactment is hereby Replacement of
amended by the repeal of subsection (3) thereof and the subsection (3) of
section 26 of the
substitution therefor of the following:—
principal
enactment.
“(3) A Councillor other than the Mayor shall not be
eligible for election to—
(a) any two Standing Committees, until every other
Councillor has been elected to serve on at least
two Standing Committees;
(b) any three Standing Committees, until every
other Councillor has been elected to serve on at
least one Standing Committee:
Provided that, in any event a Councillor shall
not be eligible to be elected to more than three
Standing Committees.”.
6. Section 189 of the principal enactment is hereby Replacement of
amended by the repeal of section 189 and the substitution section 189 of
the principal
therefor of the following:— enactment.
“Cheques, 189. All cheques and orders for the payment
Orders &c.
for payment of moneys out of the Municipal Fund shall be
out of the signed by two officers authorized by the
Municipal Council other than the Mayor and the Bank in
Fund.
4 Local Authorities (Special Provisions)
Act, No. 21 of 2012
which the Municipal Fund is established may
pay all cheques or orders out of the said Fund
which are so signed.”.
Amendment of 7. Section 215A of the principal enactment is hereby
section 215A of amended by the substitution for the words “the Council.” of
the principal
enactment. the following:—
“the Council:
Provided that, if the Council according to section 214
and 215 of this Ordinance modifies or rejects all or any
items in any budget or supplementary budget or adds any
item thereto which was submitted to the Council at any time
by the Mayor after a period of two years since the
commencement of the term of office of the Council, and if
the Mayor does not agree to such decision of the Council,
he shall resubmit the said budget to the Council for further
consideration. Where a budget or supplementary budget is
not passed by the Council within two weeks after it is
resubmitted for the second time, the Mayor shall be deemed
to have resigned from the office of Mayor at the end of the
said period of two weeks.”.
PART II
AMENDMENTS TO THE URBAN COUNCILS ORDINANCE (CHAPTER 255)
Replacement of 8. Section 5 of the Urban Councils Ordinance (Chapter
section 5 of 255) (hereinafter in this Part referred to as the “principal
Chapter 255.
enactment”) is hereby repealed and the following section is
substituted therefor:—
“Composition 5. (1) Each Urban Council shall consist of:—
of Urban
Councils.
(a) such number of elected Councillors
as determined by the Minister by
Order made under section 3C of the
Local Authorities Elections
Ordinance (Cap. 262) ; and
Local Authorities (Special Provisions) 5
Act, No. 21 of 2012
(b) such number of other Councillors not
exceeding thirty per centum of the
total number of elected Councillors
as determined by the Minister by
Order made under section 3C of
the Local Authorities Elections
Ordinance (Cap. 262), to be returned
as Councillors under section 65A of
that Ordinance, to represent those
electors who have not secured any
representation in the Council, at the
election held for the election of
Councillors.
(2) Where the number constituting thirty
per centum referred to in paragraph (b) of
subsection (1) is an integer and fraction, the
integer shall be deemed to be the number
which shall constitute such thirty per centum,
for the purpose of that subsection.”.
9. Section 12 of the principal enactment is hereby Amendment of
amended in subsection (3) of that section, by the substitution section 12 of the
principal
for the words “the provisions of written law for the time
enactment.
being applicable in that behalf,” of the words “the provisions
of section 66A of the Local Authorities Elections Ordinance
(Cap. 262)”.
10. Section 19 of the principal enactment as amended Amendment of
by Law No. 24 of 1977, is hereby further amended as section 19 of the
principal
follows:— enactment.
(1) in subsection (1) of that section, by the substitution
for the words “in accordance with the provisions of
written law for the time being applicable in that
behalf.”, of the words “in accordance with the
provisions of the Local Authorities Elections
Ordinance (Cap. 262).”;
(2) in subsection (2) of that section, by the substitution
for all the words from the words “vacates such
office.”, to the end of that subsection, of the words
6 Local Authorities (Special Provisions)
Act, No. 21 of 2012
“vacates such office. A Chairman or Vice-Chairman
who resigns or vacates his office shall however
continue to be a member of the Council.”; and
(3) by the repeal of subsection (7) of that section
and the substitution therefor of the following
subsection :—
“(7) Whenever the office of Chairman of an
Urban Council falls vacant, notice of such vacancy
shall forthwith be given by the Secretary of the
Council to the Commissioner of Local Government
and the Commissioner of Local Government shall
thereupon proceed to fill such vacancy in the
manner provided for the same in the Local
Authorities Elections Ordinance (Cap 262).”.
Amendment of 11. Section 159 of the principal enactment is hereby
section 159 of amended by the repeal of subsection (2) thereof and the
the principal
enactment. substitution therefor of the following:—
“(2) All cheques or orders for payment of moneys
out of the Urban Council Local Funds shall, subject
to the approval of the Commissioner be signed by
two officers other than the Chairman of the Council,
specially authorized by the Council for that purpose
and the Bank in which the fund is established may
pay all cheques or orders out of the said funds which
are so signed.”.
Amendment of 12. Section 178A of the principal enactment as amended
section 178A of by the Local Authorities Elections (Special Provisions) Law
the principal No. 24 of 1977 is hereby further amended by the substitution
enactment.
for the words “supplementary budget of the Council” of the
folowing:—
“supplementary budget of the Council:
Provided that, if the Council according to sections
178 and 178A of this ordinance modifies or rejects all or any
items in any budget or supplementary budget or adds any
Local Authorities (Special Provisions) 7
Act, No. 21 of 2012
item thereto which was submitted to the Council at any time
by the Chairman after a period of two years since the
commencement of the term of office of the Council, and if
the Chairman does not agree to such decision of the Council,
he shall resubmit the said budget to the Council for further
consideration. Where a budget or supplementary budget is
not passed by the Council within two weeks after it is
resubmitte for the second time, the Chairman shall be deemed
to have been resigned from the office of Chairman at the end
of the said period of two weeks.”.
13. Section 184 of the principal enactment as amended Amendment of
by Law No. 24 of 1977, is hereby further amended in section 184 of
the principal
subsection (3) of that section, by the substitution for the
enactment.
words “and the provisions of written law for the time being
applicable in that behalf ”, of the words “and the provisions
of the Local Authorities Elections Ordinance (Cap. 262)”.
14. Section 249 of the principal enactment as amended Amendment of
section 249 of
by Law No. 24 of 1977, is hereby further amended in the
the principal
definition of the expression “Chairman and Vice Chairman”, enactment.
by the substitution for the words “the provisions of written
law for the time being applicable in that behalf;”, of the
words “the provisions of the Local Authorities Elections
Ordinance (Cap. 262);”.
PART III
AMENDMENTS TO THE PRADESHIYA SABHA ACT, NO. 15 OF 1987
15. Section 4 of the Pradeshiya Sabha Act, No. 15 of Amendment of
1987 (hereinafter in this Part referred to as the “principal section 4 of Act
No. 15 of 1987.
enactment”) is hereby repealed and the following section is
subtituted therefore:—
“Composition 4. (1) A Pradeshiya Sabha constituted by
of Pradeshiya an Order under subsection (1) of section 2,
Sabhas.
shall consist of:—
(a) such number of elected members
as determined by the Minister
8 Local Authorities (Special Provisions)
Act, No. 21 of 2012
by Order made under section 3C
of the Local Authorities
Elections Ordinanc ( Cap. 262);
and
(b) such number of other members
not exceeding thirty per centum
of the total number of elected
members as determined
under paragraph (a), to be
returned as members under the
Local Authorities Elections
Ordinance (Cap. 262), to
represent those electors who
have not secured any
representation in the Sabha, at
an election held for the election
of members .
(2) Where the number constituting thirty
per centum referred to in paragraph (b) of
subsection (1) is an integer and fraction, the
integer shall be deemed to be the number
which shall constitute such thirty per centum,
for the purpose of that subsection.”.
Replacement of 16. Section 133 of the principal enactment is hereby
section 133 of amended by the repeal of that section and the substitution
the principal
therefor of the folowing:—
enactment.
“Cheques, 133. All cheques and orders for the payment
Orders &c. of moneys out of the Pradeshiya Sabha Fund
for payment
shall subject to the approval of the
out of the
Pradeshiya Commissioner be signed by two officers
Sabha Fund. authorized by the Council other than the
Chairman of the Council and the Bank which
the Pradeshiya Sabha Fund is established
may pay all cheques or orders out which are so
signed of the said Fund.”.
Local Authorities (Special Provisions) 9
Act, No. 21 of 2012
17. Section 169 of the principal enactment is hereby Amendment of
amended by the substitution for the words “budget of the section 169 of
the principal
Pradeshiya Sabha” of the folowing:—
enactment.
“budget of the Pradeshiya Sabha:
Provided that, if the Council according to sections
168 and 169 of this Act modifies or rejects all or any items in
any budget or supplementary budget or adds any item thereto
which was submitted to the Council at any time by the
Chairman after a period of two years since the
commencement of the term of office of the Council, and if
the Chairman does not agree to such decision of the Council,
he shall resubmit the said budget to the Council for further
consideration. Where a budget or supplementary budget is
not passed by the Council within two weeks after it is
resubmitted for the second time, the Chairman shall be
deemed to have resigned from the office of Chairman at the
end of the said period of two weeks.”.
18. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.

10 Local Authorities (Special Provisions)
Act, No. 21 of 2012
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
NadunReplacecontEnd