Local Authorities (Special Provisions)



Local Authorities (Special Provisions)
AN ACT TO PROVIDE FOR THE EXTENSION OF THE TERM OF OFFICE OF MEMBERS OF CERTAIN LOCAL AUTHORITIES; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO
Preamble.

WHEREAS nominations were submitted for the purpose of elections to certain local authorities:

WHEREAS it became necessary to postpone the poll for such elections, due to reasons of public order:

WHEREAS provision was made by the Local Authorities (Special Provisions) Act, No. 43 of 1987, to extend the term of office of members of those local authorities, and to make further provision for the continuation of Local Government functions in these local government areas:

AND WHEREAS it is now necessary to further extend the term of office of these local authorities:

NOW THEREFORE, be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:
[9th November
, 1988 ]
Short title and date of operation.

1.

(1) This Act may be cited as the Local Authorities (Special Provisions) Act, No. 38 of 1988.

(2) The provisions of this Act, other than the provisions of section 5 thereof, shall come into operation on the date of commencement of this Act.

(3) The provisions of section 5 of this Act, shall come into operation on such date as may be appointed by the Minister by Order published in the Gazette.

Extension of term of office of members of Development Councils.

2. The term of office of the elected members of every Development Council specified in Schedule I to this Act, holding office on the date preceding the first day of January, 1989, is hereby extended from the first day of January, 1989, until the first day of January, 1990, or such earlier date as the Minister may appoint, by Order published in the Gazette.

Extension of term of office of members of certain Municipal Councils, and Urban Councils.

3.

(1) Notwithstanding anything in section 10 of the Municipal Councils Ordinance or in the Order made under that section and published in Gazette Extraordinary No. 453/4 of May 12, 1987, the term of office of members of each of the Municipal Councils specified in Schedule II to this Act holding office on the day preceding the first day of January, 1989, is hereby extended from the first day of January, 1989, until the first day of January, 1990, or such earlier date as the Minister may appoint, by Order publish-ed in the Gazette; and such first day of January or the date so appointed shall, for the purposes of paragraph (b) of subsection (1) of section 10 of the Municipal Councils Ordinance, be the date of commencement of the term of office of the new members elected to each such Council.

(2) Notwithstanding anything in section 10 of the Urban Councils Ordinance or in the Order made under that section and published in Gazette Extraordinary No. 453/4 of May 12, 1987, the term of office of the members of each of the Urban Councils specified in Schedule III to this Act, holding office on the day preceding the first day of January, 1989, is hereby extended from the first day of January, 1989, until the first day of January, 1990, or such earlier date as the Minister may appoint by Order published in the Gazette; and such first day of January or the date so appointed shall for the purposes of paragraph (b) of subsection (1) of section 10 of the Urban Councils Ordinance, be the date of commencement of the term of office of the new members elected to each such Council.

Special Commissioners to administer affairs of certain Pradeshiya Sabhas.

4.

(1) Notwithstanding anything in the Order made under section 6 of the Pradeshiya Sabha, Act, No. 15 of 1987. and published in Gazette Extraordinary No. 453/4 of May – 12, 1987, the term of office of every Pradeshiya Sabha specified in Schedule IV and Schedule V to this Act shall commence on the first day of January, 1990, or on such earlier date as the Minister may appoint, by Order published in the Gazette:
and such first day of January or the date so appointed shall for the purposes of this Act, be deemed to be the date of commencement of the term of office of each such Sabha and not the first day of January, 1989, as specified in that Order.

(2) The Minister may, by Order published in the Gazette, appoint a Special Commissioner to administer the affairs of any Pradeshiya Sabha specified in Schedule IV or Schedule V to this Act, during the period commencing on the first day of January 1989, and ending on the date of commencement of the term of office of such Sabha (as provided in subsection (1); and for that purpose, and subject to such conditions as may be specified in that Order, to exercise the powers and perform the duties of a Pradeshiya Sabha or the Chairman of a Pradeshiya Sabha under the Pradeshiya Sabhas Act, No. 15 of 1987 :

Provided however a Special Commissioner appointed under subsection (2) of section 4 of the Local Authorities (Special Provisions) Act, No. 43 of 1987, to administer the affairs of a Pradeshiya Sabha specified in Schedule IV or Schedule V of this Act, and holding office on December 31, 1988, shall continue to administer the affairs of such Pradeshiya Sabha, during the period commencing on January 1, 1989, and ending on the date of commencement of the term of office of such Sabha and for that purpose and subject to such conditions as may be specified in that Order, to exercise the powers and perform the duties of a Pradeshiya Sabha or the Chairman of a Pradeshiya Sabha under the Pradeshiya Sabhas Act, No. 15 of 1987.

(3) Upon the commencement of the term of office of a Pradeshiya Sabha specified in Schedule IV or Schedule V to this Act, such Pradeshiya Sabha shall be the successor to any Special Commissioner appointed, under subsection (1) to administer the affairs of such Pradeshiya Sabha.

Special provision relating to nominations for elections to certain local authorities.

5.

(1) Notwithstanding anything in section 35 of the Local Authorities Elections Ordinance (Chapter 262) or in any notice published under that section, the Commissioner, of Elections shall, within two weeks of the date of the coming into operation of this section publish a notice in the Gazette, specifying a period during – which nomination papers will be received by the respective returning officers for each of the electoral areas specified in Schedule V to this Act, being an electoral area in respect of which no nomination papers were received, or all the nomination papers received were rejected, in previous nomination periods specified under the Local Authorities Elections Ordinance, with respect to that electoral area.

(2) Where any nomination papers are submitted to the returning officer in respect of any such electoral areas during the period specified under subsection (1) the provisions of the Local Authorities Elections Ordinance shall thereupon apply. Where on the other hand no nomination papers are received within that period in respect of any electoral area, or all the nomination papers received, within that period in respect of any electoral area are rejected, the provision of subsections (2) and (3) of section 35 of that Ordinance shall apply.


Schedules