Council of Legal Education (Amendment) Law

Council of Legal Education (Amendment) Law


BE it enacted by the National Stale Assembly of the Republic of Sri Lanka as follows:-
Short title.
1. This Law may be cited as the Council of legal Education (Amendment) Law, No. 6 o1974.
Insertion of new section 2A in Chapter 276.
2. The following new section is hereby inserted, immediately after section 2. and shall have effect as section 2A, of the council of legal Education Ordinance, hereinafter referred to as the principal enactment “: –

Constitution of Incorporated Council of Legal Education.

(1) Notwithstanding anything to the contrary in section 2 the Incorporated council of Legal Education shall, with effect from such date as may be fixed by the Minister by Notification published in the Gazette, consist of-

(a) the Chief Justice, who shall be the Chairman of the Council;
(b) the Secretary to the Ministry of Justice;
(c) the Attorney-General; and
(d) four other persons appointed by the Minister, (hereinafter referred to as “appointed members”), from among persons of standing Id the legal profession or persons who hold or have held judicial office or who are or have been engaged in the teaching of law or in legal research or who have secured academic distinction In law or made contributions to legal knowledge.
(2) Every appointed member shall, unless he earlier vacates his office by death or resignation or removal, hold office for a period of three years from the date of his appointment, and shall be eligible for reappointment;
Provided that a member appointed by the Minister to fill a vacancy in the office of an appointed member shall told office for the unexpired portion of the term of office of the member whom he succeeds,
(3) Any appointed member may resign his office by letter addressed to the Minister.
(4) Where any appointed member becomes, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may, having regard to the provisions of paragraph (d) of subsection (1), appoint a fit and proper person to act in place of that member.
(5) The quorum for a meeting of the Council shall be five members of the Council.
(6) The Council may act notwithstanding any vacancy among its members or any defect in the appointment of any member.”.
Amendment of section 7. of the principal enactment,
3. Section 7 of the principal enactment is hereby amended as follows: –

(1) by the renumbering of that section as subsection (1) of that section;
(2) in renumbered subsection (1) of that section, by the substitution for all the words from
” It shall be lawful ” to ” any of the following-purposes “, of the following words:- ” It shall be lawful for the Incorporate Council of Legal Education, with the concurrence of the Minister, to make such by-laws, rules and orders as to it shall seem necessary for any of the following purposes”; and
(3) by the insertion, immediately after the renumbered subsection (1) of that section, of the following new subsections:-

” (2) Every by-law, rule or order made by the Council shall be published in the Gazette and. shall come into operation on the date of such publication or on such later date as may be specified in the by-law, rule or order, as the case may be.
(3) Every by-law. rule or order made by the Council shall, as soon as convenient after its publication in the Gazette be brought before the National State Assembly for approval. Any by-law, rule or order which is not so approved shall he deemed to be rescinded as from the date of disapproval, but without prejudice to anything previously done there under. Notification of the date on which any by-law. rule or order made by the Council Is so deemed to be rescinded shall be published in the Gazette”.
Insertion of new section 7A in the principal enactment.
4. The following new section is hereby inserted immediately after section 7 and shall have effect as section 7A, of the principal enactment:-

Powers of Minister in relation to the Council.
7A. The Minister may. from time to time, give to the Incorporated Council of Legal Education directions in writing on matters of general policy pertaining to the performance of the duties and the exercise of the powers of the Council. and the Council shall give effect to such directions.”
Repeal of sections 8, 9, 10 and 11 of the principal enactment.
5. Sections 8, 9, 10 and 11 of the principal enactment are hereby repealed.