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| Development Councils (Amendment) |
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AN ACT TO AMEND THE DEVELOPMENT COUNCILS ACT, No. 45 OF 1980.
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-
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[7th July
, 1981 ]
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Short title.
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1. This Act may be cited as the Development Councils (Amendment) Act.
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Insertion of new section 17A in Act No .35 of 1980.
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2. The following new section is hereby inserted immediately after section 17, and shall have effect as section 17A, of the Development Councils Act (hereinafter referred to as the “principal enactment”):
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” Establishment of Gramodaya Mandalayas and Pradeshiya Mandalayas and their functions.
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17A
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(1) For the purpose of ensuring more effective participation of the People in the exercise, discharge and performance of the powers, functions and duties under this Act of Development Councils and the Executive Committees of Development Councils, there shall be established in every Grama Seva Niladhari’s division, a Gramodaya Mandalaya, and in every Assistant Government Agent’s division, a Pradeshiya Mandalaya.
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(2) Every Gramodaya Mandalaya shall consist of
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(a) the Chairman, President or Head of every such organization, association or body which is not of a political nature, as may be specified by the Minister by Order published in the Gazette which in his opinion, should be represented in any Gramodaya Mandalaya, having regard to the interests that such organization, association or body represents or serves; and
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(b) such number of public officers or officers of public corporations serving in the Grama Seva Niladhari’s division as are nominated by the Minister by name or by office in consultation with the relevant Minister
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Provided however that no such officer shall be entitled to vote at any meeting of the Gramodaya Mandalaya.
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(3)
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(a) The Chairman of a Gramodaya Mandalaya shall be elected by the members entitled to vote, from among such members.
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(b) The term of office of the Chairman of a Gramodaya Mandalaya shall be one year:
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Provided however that the office of such Chairman shall become vacant
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(i) upon his resignation in writing communicated to the Secretary of the Gramodaya Mandalaya; or
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(ii) upon his ceasing to be a member of the Gramodaya Mandalaya; or
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(iii) upon his absence from any three consecutive meetings without leave of the Gramodaya Mandalaya first obtained; or
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(4) Every Pradeshiya Mandalaya shall consist of
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(a) the Chairman of every Gramodaya Mandalaya in the Assistant Government Agent’s division within which every such Gramodaya Mandalaya is established ; and
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(b) such number of public officers or officers of public corporations serving in the Assistant Government Agent’s division as are nominated by the Minister by name or by office in consultation with the relevant Minister
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Provided however that no such officer shall be entitled to vote at any meeting of the Pradeshiya Mandalaya.
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(5)
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(a) The Chairman of a Pradeshiya Mandalaya shall be elected by the members entitled to vote, from among such members.
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(b) The term of office of the Chairman of a Pradeshiya Mandalaya shall be one year : Provided however that the office of such Chairman shall become vacant
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(i) upon his resignation in writing communicated to the Secretary of the Pradeshiya Mandalaya; or
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(ii) upon his ceasing to be a member of the Pradeshiya Mandalaya ; or
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(iii) upon his absence from any three consecutive meetings without leave of the Pradeshiya Mandalaya first obtained ; or
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(6)
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(a) Every Gramodaya Mandalaya shall submit its recommendations in respect of the exercise, discharge and performance of the powers, functions and duties under this Act of the Development Council and the Executive Committee of the Development Council, to the Pradeshiya Mandalaya of the Assistant Government Agent’s division within which such Gramodaya Mandalaya is established.
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(b) Upon receipt of the recommendations of the Gramodaya Mandalaya under paragraph (a), it shall be the duty of such Pradeshiya Mandalaya to consider such recommendations and submit its recommendations thereon to the Development Council or the Executive Committee of the Development Council, as the case may be, and the Development Council or the Executive Committee of the Development Council, as the case may be, shall take into consideration such recommendations in the exercise, discharge and performance of the powers, functions and duties under this Act of such Development Council or Executive Committee, as the case may be.
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(7) No act done or decision made in the exercise, discharge or performance of the powers, functions or duties of a Development Council or the Executive Committee of a Development Council, as the case may be, shall be invalid by reason of the fact that no recommendations have been received by such Development Council or Executive Committee, as the case may be, or that recommendations have been submitted by a Gramodaya Mandalaya or a Pradeshiya Mandalaya, as the case may be, which has not been properly constituted, or that there has been any irregularity in the conduct of the business of such Gramodaya Mandalaya or Pradeshiya Mandalaya, as the case may be.”.
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Amendment of section 71 of the principal enactment.
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3.
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(1) Section 71 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution therefor of the following subsection:-
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(1) The Minister may make regulation-
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(a)in respect of al maters which are stated o required by this Act to be prescribed or for which regulations are required or authorized by this act to b made ; and
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(b) not withstanding anything to the contrary in any by-law made by a Development Council ,in respect of all or any of the following matters:-
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(i) the procedure for the conduct of business of Development Councils.
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(ii)the accenting and financial procedure of Development Councils; and
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(iii) the procedure for the conduct of business of, and the procedure for the discharge of the functions by ,Gramodaya Mandalayas and pradeshiya Mandalayas.”.
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