Local Authorities (Special Provisions) (Amendment)

Local Authorities (Special Provisions) (Amendment)


AN ACT TO AMEND THE LOCAL AUTHORITIES (SPECIAL PROVISIONS) ACT, NO. 3 OF 1979

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :
Short title.
1. This Act may be cited as the Local Authorities (Special Provisions) (Amendment) Act, No. 12 of 1979.
Amendment of the long title of Act No. 3 of 1979.
2. The long title of the Local Authorities (Special Provisions) Act, No. 3 of 1979, hereinafter referred to as the ” principal enactment”, is hereby amended by the substitution for the words “LOCAL GOVERNMENT SERVICE.”, of the words “LOCAL GOVERNMENT SERVICE AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.”.
Replacement of section 2 of the principal enactment.
3. Section 2 of the principal enactment is hereby repealed and the following new section substituted therefor :

Application of this Act
2. This Act shall apply to –

(a) every officer or servant of any local authority, other than a member of the Local Government Service constituted under the Local Government Service Law, No. 16 of 1974;
(b) every person who was at any time, an officer or servant of any local authority, other than a member of the Local Government Service constituted under the Local Government Service Law, No. 16 of 1974, whose services had been terminated or who had retired from such service and in respect of whom an application is pending before a labour tribunal in respect of such termination or in respect of non-payment of any pension, gratuity or retiring allowance due to him or the inadequacy of such pension, gratuity or retiring allowance;
(c) every officer or servant of a local authority, other than a member of the Local Government Service constituted under the Local Government Service Law, No. 16 of 1974, who at any time after July 8, 1978, and prior to January 9, 1979, had retired from the service of, or whose services had been terminated by, such local authority,
hereinafter referred to as a ” person to whom this Act applies “.
Amendment of section 3 of the principal enactment.
4. Section 3 of the principal enactment is hereby amended as follows :-

(1) in subsection (1) of that section, by the substitution for the words ” Where an employee to whom this Act applies is dealt with disciplinary, or his services are terminated,”, of the words ” Where a person to whom this Act applies was or is dealt with disciplinary, or his services were or are terminated,” ;
(2) in subsection (3) of that section, by the substitution for the words “employee in question,”, of the words ” person in question,” ; and
(3) in the marginal note to that section, by the substitution for the words ” of employees “, of the words ” of persons”.
Amendment of section 4 of the principal enactment.
5. Section 4 of the principal enactment is hereby amended as follows :-

(1) in subsection (1) of that section, by the substitution for the words ” Where an employee to whom this Act applies retires “, of the words ” Where a person to whom this Act applies has retired or retires”; and
(2) in subsection (3) of that section, by the substitution for the words “employee in question”, of the words ” person in question, “.
Amendment of section 5 of the principal enactment.
6. Section 5 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution for the words “employee in question”, of the words “person in question “.
Amendment of section 6 of the principal enactment.
7. Section 6 of the principal enactment is hereby amended as follows:

(1) in subsection (1) of that section, by the substitution for the words ” any employee “, of the words ” any person ” ;
(2) in subsection (2) of that section, by the substitution for the words ” an employee “, of the words ” any person ” ;(3) in subsection
(3) of that section, by the substitution for the words ” any employee “, of the words ” any person ” ; and
(4) in the marginal note to that section, by the substitution for the words ” to employees”, of the words ” to persons “.
Retrospective effect of this Act.
8. The amendments made to the principal enactment by this Act, shall be deemed for all purposes to have come into operation on January 9, 1979.