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 : –

[27th March
, 1985
]
Short title.

1. This Act may be cited as the Local Authorities (Special Provisions) (Amendment) Act, No. 11 of 1985.

Amendment of section 3 of Act No. 3 of 1979.

2. Section 3 of the Local Authorities (Special Provisions) Act, No, 3 of 1979 (hereinafter referred to as the” principal enactment “) is hereby amended by the repeal of subsection (2) of that section and the substitution therefor of the following subsection:-

” (2) Where the Minister receives an appeal under sub section (1) he shall, confirm, vary or set aside the order made by the local authority.”.

Amendment of section 5 of the principal enactment.

3. Section 5 of the principal enactment is hereby amended as follows:-

(1) by the repeal of subsection (1) of that section and the substitution therefor of the following subsection : “(1) The Minister may delegate to the Local Government Service Commission established by the Local Government Service Law, No. 16 of 1974, his power to hear an appeal

(a) made under subsection

(b) made under subsection (i) of section 3 ; (1) of section 4 :


Provided, however, that notwithstanding such delegation, the Minister may himself exercise the power of hearing an appeal against an order of any local authority and the said Local Government Service Commission to whom such power was delegated, shall not exercise such power in such case, ” ;

(2) in subsection (2) of that section, by the substitution for the words” given by a public officer under subsection (1) “, of the words” given by the Local Government Service Commission under subsection (1) “; and

(3) by the substitution for the marginal note to that section, of the following marginal note:

“Power of Minister to delegate power to the Local Government Service Commission.”.

Amendment of section 7 of the principal enactment.

4. Section 7 of the principal enactment is hereby amended by the substitution for the words” the Town Councils Ordinance and the Village Councils Ordinance. “, of the words” the Town Councils Ordinance, the Village Councils Ordinance and the Development Councils Act, No. 35 of 1980. “.

Amendment of section 8 of the principal enactment.

5. Section 8 of the principal enactment is hereby amended by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection :

” (1) The Minister may make rules in respect of the time limit within which and the manner in which appeals have to be made under this Act.”.

Amendment of section 9 of the principal enactment.

6. Section 9 of the principal enactment is hereby amended in the definition of “local authority”, by the substitution for the words” Urban Council, Town Council or Village Council”, of the words “Urban Council or Development Council.”.