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short title.
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1. This Act may be cited as the Local Authorities Elections (Amendment) Act, No. 25 of 1990.
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Amendment of section 9 of Chapter 262.
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2. Section 9 of the Local Authorities Elections Ordinance, as last amended by Act No. 24 of 1987 (hereinafter referred to as the ” principal enactment”) is hereby further amended by the repeal of paragraph (dd) of sub section (1) of that section and the substitution of the following paragraph therefor:
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” (dd) is a member of Parliament, a member of a Provincial Council established by the Constitution or a member of any other local authority ; “.
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Amendment of section 28 of the principal enactment.
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3. Section 28 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended as follows :
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(1) by the insertion immediately after subsection (1) of that section of the following new subsections:
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” (1A) Notwithstanding any provisions to the contrary in this Act, in each nomination paper submitted in respect of an election for the electoral areas of a local authority, not less than forty per centum of the total number of candidates nominated in such nomination paper shall consist of youth.
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(1B) The Commissioner shall by notice published in the Gazette, specify the number of youth candidates to be nominated in respect of each local authority. Where the total number of youth candidates to be nominated is such, that forty per centum of that number would be an integer and a fraction, the nearest integer to that integer and fraction shall be deemed to be the forty per centum- for purposes of this subsection.”; and
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(2) in subsection (2) of that section by the substitution for the words “elected for that local authority increased by three. “, of the words “elected for that local authority increased by six or by one-third of such number of members, whichever is less. ” ;
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(3) by the insertion immediately after subsection (4) of that section, of the following new subsection :
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“(4A) A certified copy of the birth Certificate of every youth candidate whose name appears in the nomination paper or an affidavit signed by such youth candidate, certifying his date of birth shall be attached to such nomination paper. “.
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Amendment of section 30 of the principal enactment.
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4. Section 30 of the principal enactment, as amended by Law No. 24 of 1977, is hereby further amended in subsection (4) of that section by the substitution for the words “is elected and where the number of votes polled by such independent group does not exceed one-eight of the total number of votes polled at that election, the deposit made”, of the words ” is elected, the deposit made “.
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Amendment of section 31 of the principal enactment.
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5. Section 31 of the principal enactment, as amended by Act No. 48 of 1983, is hereby further amended as follows:
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(1) in subsection (1) of that section by the insertion immediately after paragraph (b) of that subsection of the following paragraphs :
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(bb) that does not contain the total number of youth candidates as required to be nominated under subsection (1A) of section 28; or
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(bbb) where, as required by subsection (4) of section 28, a certified copy of the birth certificate of a youth candidate or an affidavit signed by such youth candidate, has not been attached to the nomination paper ; or ” ;
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(2) by the insertion immediately after subsection (1) of that section, of the following new subsection:
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(1A) Objections to a nomination paper may be made to a returning officer between twelve noon and one-thirty O’clock in the afternoon of the- last day of the period of nomination and no such objections shall be entertained by the returning officer after one-thirty O’clock in the afternoon of that day.”,
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Amendment of section 35 of the principal enactment.
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6. Section 35 of the principal enactment is hereby amended in the proviso to subsection (3) of that section by the substitution for the words ” it shall be lawful for the Minister to nominate” of the words “it shall be lawful for the Minister taking into consideration the provisions contained in subsection (1A) of section 28 to nominate”.
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Amendment of section 36 of the principal enactment.
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7. Section 36 of the principal enactment, as last amended by Act No. 24 of 1987 is hereby further amended in paragraph (b) of subsection (1) of that section as follows:
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(1) by the substitution for the words “by the returning officer, then”, of the words “by the returning officer then the returning officer shall forthwith prepare a single list containing the names of candidates as indicated by the candidates, but placed in alphabetical order of their names in Sinhala, of such recognized political party or independent group and then “;
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(2) by the substitution in sub-paragraph (i) of that para- graph for the words ” whose names appear as first and second in such nomination paper:’, of the words ” whose names appear as first and second in such single list” ;
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(3) by the substitution in sub-paragraph (ii) of that paragraph for the words ” appear in such nomination paper,” , of the words ” appear in such single list, “.
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Amendment of section 38 of the principal enactment.
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8. Section 38 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended in paragraph (b) of subsection (1) of that section by the substitution for the words ” the names of the candidates (as indicated by the candidates) placed in alphabetical order in Sinhala, of ‘, of the words ” a single list containing the names of the candidates as indicated by them, but placed in alphabetical order of their names in Sinhala, of “.
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Amendment of section 47 of the principal enactment.
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9. Section 47 of the principal enactment, as amended by Act No. 24 of 1987, is hereby further amended in paragraph (a) of that section by the substitution for the words from ” placed in serial order,” to the end of that paragraph, of the words ‘” placed in one or more rows in serial order, as is equal to the number of members to be elected to the local authority increased by six or by one-third of such number of members whichever is less, with provision to mark three preferences and such preferences shall be marked on one or more of the cages enclosing a serial number or on any one or more of the blank cages appearing on the right hand side of a cage enclosing a serial number, “.
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Amendment of section 63 of the principal enactment.
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10. Section 63 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended by the repeal of subsection (6B) of that section.
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Amendment of section 65 of the principal enactment.
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11. Section 65 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended in subsection (2) of that section as follows :
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(1) by the repeal of paragraph (a) of that subsection and the substitution therefor of the following paragraph :
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‘ (a) The total number of valid votes polled by all political parties and independent groups are hereinafter referred to as “relevant number of votes’.;
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(2) by the repeal of paragraph (b) of that subsection ;
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(3) by the substitution in paragraph (d) of that subsection, for the words ” and independent group (other than those parties and groups disqualified under paragraph (a) beginning with “, of the words and independent group beginning with ” ;
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(4) by the substitution in paragraph (g) of that subsection, for the words “whose name appear next in the nomination paper submitted by such party or group, “of the words ” whose name appear next in the single list prepared under paragraph (b) of subsection (1) of section 38. “.
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Amendment of section 75 of the principal enactment.
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12. Section 75 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended by the substitution for the words ” candidate for whom he has indicated a preference “, of the words ” candidate or candidates for whom he has indicated a preference or preferences “.
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Amendment of section 78 of the Principal enactment.
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13. Section 78 of the principal enactment is hereby amended in subsection (1) of that section, by the insertion, immediately after paragraph (a) of that subsection, of that following new paragraph:
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” (aa) Any person who signs an affidavit, for the purposes of subsection (4A) of section 28, knowing any statement contained therein to be false ; or “.
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Amendment of section 89 of the principal enactment.
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14. Section 89 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended by the addition immediately after the definition of ” town “, of the following definition :
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” youth ” means a person not less than eighteen years of age as at first June of the year in which the revision of the operative electoral register commenced under the Registration of Electors Act, No. 44 of 1980 and not more than thirty-five years of age as on the last day of the nomination period specified under this Ordinance in respect of the election at which he seeks to be a candidate.”.
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Replacement of First Schedule to the principal enactment.
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15. First Schedule to the principal enactment, as last amended by Act No. 24 of 1987 is hereby repealed and the following Schedule substituted therefor :_
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Amendment of the Second Schedule of the principal enactment,
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16. Second Schedule to the principal enactment as last amended by Act No. 24 of 1987, is hereby further amended by the substitution for the words from ” independent group, by placing a cross to the words each such, candidate. , of the words ” independent group, by placing a cross or crosses (thus ‘X”) on one or more of the cages enclosing a serial number corresponding to the serial number assigned to each such candidate or any one or more blank cages appearing en the right hand side of a cage enclosing such serial number.”.
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Replacement of the Third Schedule to the principal enactment.
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17. Third Schedule to the principal enactment, as amend- ed by Act No. 24 of 1987 is hereby repealed and the following Schedule substituted therefor :
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Amendment at Ninth Schedule to the principal enactment
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18. Ninth to the principal enactment is amended in to her BACK OF FORM ” appearing in the Schedule actions as follows:
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(1) in subparagraph 3 of paragraph A, by the substitution for the words from. ” by placing a cross” to the end of that sub-paragraph, of the words ” by placing a cross or crosses (thus ” X”) on one or more of the cages enclosing a serial number corresponding to the serial number assigned to each such candidate or on any one or more blank cages appearing on the right hand side of a cage enclosing such serial number.”;
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(2) in sub-paragraph 4 of paragraph B, by the substitution for the words from ” by placing a cross” to end of that subparagraph, of the words ” by placing a cross or crosses (thus “X”) on one or more of the cages enclosing a serial number corresponding to the serial number assigned to each such candidate or on any one or more blank cages appearing on the right hand side of a cage enclosing such serial number.”
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Sinhala text to prevail in case of inconsistency.
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19. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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Schedules
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