CEYLON CONSTITUTION (SPECIAL PROVISIONS)

CEYLON CONSTITUTION (SPECIAL PROVISIONS)

AN ACT TO FIX THE NUMBER OF MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR A SPECIFIED PERIOD AT ONE HUNDRED AND FIVE, TO SUSPEND THE OPERATION OF PART IV OF THE CEYLON (CONSTITUTION) ORDER IN COUNCIL, 1946, RELATING TO THE DELIMITATION OF ELECTORAL DISTRICTS, TO TERMINATE THE SERVICES OF THE EXISTING DELIMITATION COMMISSIONERS, AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

[16^th July
, 1954 ]

Short title.

1. This Act may be cited as the Ceylon Constitution (Special Provisions) Act.

Date on which this Act shall cease to be in force.

2. The provisions of section 3 of this Act shall cease ,to be in force on a date in 1966 to be appointed by the Governor-General by Order published in the Gazette :

Provided that, if there is no dissolution of Parliament in 1966, those provisions shall continue in force until the date of the dissolution of the Parliament for the time being, and shall thereafter cease to have effect.

Modifications* of the Ceylon (Constitution) Order in Council, 1946.

3.* So long as the provisions of this section remain in force, the Ceylon (Constitution) Order in Council, 1946, (hereinafter referred to as the ” Order in Council”), shall have effect subject to the following modifications : –

(1) As though there were substituted for subsections (1) and (2) of section 11 of that Order in Council, the following new subsections: –

” (1) The House of Representatives shall consist of- (a) ninety-five Members elected by the electors of the electoral districts specified in the Proclamation under section 43 of this Order published in Gazette No. 9, 595 of 30th August, 1946 ; and

(b) four Members elected for the Indian and Pakistani electoral district in accordance with the law for the time being in force for the election of such Members.

(2) In addition to the Members specified in subsection (1) of this section, there shall be six Members appointed by the Governor-General after every general election to represent any important interest in the Island which in his opinion is not represented or is inadequately represented.”.

(2) As though in Part IV, the following new section were inserted immediately after section 44 : –

“Suspension operation.”.

44A. The preceding provisions of this of this Part. Part shall cease to be in operation.

* Modifications incorporated in the Ceylon (Constitution) Order in Council, 1946.

Termination of services of existing Delimitation Commissioners.

4. The Delimitation Commission in existence on the day immediately preceding the date of the commencement of this Act shall cease to be in office on that date.

Existing Proclamation under section 43 of the Order in Council to continue in force.

5. The Proclamation under section 43 of the Ceylon (Constitution) Order in Council, 1946, published in Gazette No. 9,595 of 30th August, 1946, and in force on the day immediately preceding the date of the commencement of this Act shall continue in force after that date until such time as may be fixed by the Governor-General by Order published in the Gazette.

Old provisions of subsections (1) and (2) of section 11 and of Part IV to come into operation again.

6. The provisions of subsections (1) and (2) of section 11 and of Part IV of the Order in Council which are in force on the day immediately preceding the date of the commencement of this Act shall come into operation as soon as the provisions of section 3 of this Act cease to be in force under section 2 of this Act.

Majority of two-thirds of the House of Representatives required for amendments and repeals.

7. No Bill for the amendment or repeal of any of the provisions of this Act, or of any modifications of the Order in Council (effected by section 3 of this Act) shall be presented for the Royal Assent unless it has endorsed on it a certificate under the hand of the Speaker that the number of votes cast in favour thereof in the House of Representatives amounted to not less than two-thirds of the whole number of Members of the House (including those not present).

Every certificate of the Speaker under the preceding provisions of this section shall be conclusive for all purposes and shall not be questioned in any court of law.

Chapter 380, Volume No. 11 Page No.723.