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LOCAL GOVERNMENT SERVICE
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AN ORDINANCE TO MAKE PROVISION FOR THE ESTABLISHMENT AND INCORPORATION OF A BODY OF PERSONS TO BE KNOWN AS THE LOCAL GOVERNMENT SERVICE COMMISSION, FOR THE CONSTITUTION AND REGULATION OF A LOCAL GOVERNMENT SERVICE, AND FOR OTHER MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO.
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Ordinance Nos, |
43 of 1945 |
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56 of 1946 |
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37 of 1947 |
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Act Nos, |
8 of 1949 |
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22 of 1955 |
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[15th March
, 1949 ]
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1. This Ordinance may be cited as the Local Government Service Ordinance.
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THE LOCAL GOVERNMENT SERVICE COMMISSION |
Establishment of Local Government Service Commission.
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2. For the purposes of this Ordinance a central authority to be called and known as the Local Government Service Commission is hereby established.
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Constitution of commission.
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3.
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(1) The commission shall be constituted in accordance with the succeeding provisions of this section.
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(2) The commission shall consist of the following members :-
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(a) the person for the time being holding the office of Commisioner of Local Government;
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(b) four other persons nominated by the Minister in his absolute discretion ; and
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(c) four other persons nominated by the Minister to be, respectively-
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(i) the representative of the Colombo Municipal Council;
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(ii) the representative of all other Municipal Councils ;
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(iii) the representative of all Urban Councils and Town Councils ; and
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(iv) the representative of all Village
Committees.
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(3) No person who is for the time being a Senator or Member of Parliament or of any local authority shall be eligible for nomination under this section as a member of the commission.
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(4) The representative specified in each of the sub-paragraphs of subsection (2) (c) shall be selected for nomination by the Minister, in his absolute discretion, from among persons recommended by the appropriate advisory body, or in the case of the representative specified in sub-paragraph (ii) or sub-paragraph (iii) of that subsection, by each of the appropriate advisory bodies ; and it shall accordingly be the duty of any such advisory body, within fourteen days of the receipt of a written request in that behalf from the Commissioner of Local Government, to recommend in writing to the Minister, for the purpose of the selection aforesaid, the names of not more than such number of persons as may be specified in the request in accordance with directions given by the Minister :
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Provided, however, that in the event of such recommendation not being duly made by the appropriate advisory body, or, as the case may be, by all the appropriate advisory bodies, such representative shall be nominated by the Minister in his absolute discretion.
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(5) For the purposes of this section, the expression ” appropriate advisory body “-
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(a) in relation to the nomination of a person as the representative of the Colombo Municipal Council, means the Council ;
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(b) in relation to the nomination of a person as the representative of all other Municipal Councils, means each such Council;
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(c) in relation to the nomination of a person as the representative of all Urban Councils and Town Councils, means the executive committee of each of the following bodies, namely, the association of Urban Councils and the association of Town Councils (by whatever name called) ; and
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(d) in relation to the nomination of a person as the representative of all Village Committees, means the executive committee of the association of Village Committees (by whatever name called).
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Incorporation of commission.
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4. The Local Government Service Commission shall be a corporation with perpetual succession and a common seal and may sue and be sued in its corporate name.
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Term of office of nominated members.
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5. Each nominated member of the commission shall hold office for a period of three years from the date of his appointment:
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Provided that notwithstanding the term of any such appointment-
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(a) any such member may at any time resign from his office or be removed from office by the Minister; and
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(b) any such member shall, upon his becoming a Senator or Member of Parliament or of any local authority, ipso facto vacate his office ;
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Provided further that any person who is nominated to fill any vacancy caused by the death, resignation or removal from, or vacation of, office of any such member shall hold office during a period equal to the unexpired portion of the term of office of the member in whose place he is nominated and no longer.
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6.
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(1) The Commissioner of Local Government shall be the chairman of the commission and shall preside at all meetings of the commission at which he is present.
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(2) In the absence of the Commissioner of Local Government at any meeting of the commission, the person for the time being holding the office of Deputy Commissioner of Local Government shall be entitled to preside at the meeting and to exercise and perform all the powers and duties conferred or imposed on the Commissioner of Local Government or the chairman by or under this Ordinance.
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(3) Five members shall constitute a quorum of the commission.
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(4) If at any meeting, the members of the commission are divided in opinion as to the decision to be given on any point or matter, such point or matter shall be decided according to the opinion of the majority of the members present; but if the members are equally divided, then the opinion of the chairman shall prevail.
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(5) The commission may regulate its own procedure in any matter not provided for in this Ordinance or by regulation.
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Remuneration of nominated
members.
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7. Regulations may be made providing for-
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(a) the payment of fees to the nominated members of the commission for attendance at meetings of the commission and the rates at which such fees shall be computed ;
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(b) the payment of an allowance in respect of travelling done by the nominated members of the commission in the discharge of their duties as members of the commission, and the rates at which such allowances shall be computed.
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Secretary and accountant of the commission.
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8. The commission shall, subject to the approval of the Governor-General,* appoint a person by name or by office to be or to act as the secretary of the commission, and a person by name or by office to be or to act as the accountant of the commission. The secretary and the accountant shall receive such remuneration (if any) as may, with the approval of the Minister and the concurrence of the Minister of Finance,[1] be fixed by the commission.
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Other officers and servants.
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9. The commission may appoint, in addition to the secretary and. the accountant referred to in section 8, such other officers and servants as it may deem necessary for the purpose of carrying out the provisions of this Ordinance. Every officer or servant so appointed shall receive such remuneration as may be fixed by the commission.
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Secretary,
accountant and other officers and servants to be public servants.
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10. The officers and servants appointed under section 8 and under section 9 shall constitute the staff of the commission, and every such officer or servant shall be deemed to be a public servant within the meaning of the Penal Code.
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Powers of the commission.
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11.
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(1) The commission shall have the following powers: –
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(a) to appoint, employ, remunerate and control its officers and servants and to direct and decide all matters connected with the administration of its affairs ;
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(b) to determine all matters relating to methods of recruitment to and conditions of employment in the service, and the principles to be followed in making appointments to the service and in making promotions and transfers from one post in the service to another ;
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(c) to recruit, appoint, promote, transfer, dismiss, interdict or otherwise punish members of the service and generally to maintain discipline in the service ;
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(d) to conduct examinations for appointments to the service or to appoint boards of examiners for the purpose of conducting such examinations, and to charge fees from candidates presenting themselves for examination ;
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(e) to classify the posts in the service into classes or grades, to determine the qualifications necessary for appointment to any such post or to posts in any class or grade, to fix the scale of salaries to be attached to any such post or to posts in any class or grade, and to revise or adjust from time to time any scale so fixed;
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(f) to determine the cases in which disciplinary action against members of the service may be taken by local authorities generally or by local authorities of any specified description, or by any particular local authority, and the punishments which such authorities or authority may impose on such members ;
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(g) to call upon any local authority to keep the prescribed records relating to members of the service ;
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(h) to call upon any local authority to furnish before a specified date such files, other documents or information as the commission may require in respect of any member of the service in the employment of that local authority;
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(i) upon the failure of any local authority to furnish any files, other documents or information required under paragraph (h), to authorize, with the approval of the Minister, any member or officer of the commission to enter the office of the local authority and to obtain such files, other documents or information, as the case may be, and for the purpose of obtaining such files or other documents or information, to search that office and to remove such files or other documents from that office to the office of the commission and to keep such files or other documents in the office of the commission for such period as the commission may deem necessary, and to inspect and take copies of any books, accounts or other documents kept in the office of the local authority;
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(j) to regulate in the prescribed manner a scheme for providing medical facilities to members of the service and their wives and children, and for providing financial assistance or relief to members of the service who are in debt;
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(k) to establish and regulate a provident fund in accordance with the provisions of Part III of this Ordinance ;
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(l) to make regulations under this Ordinance ;
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(m) such other powers as may be vested in the commission by Order made by the Minister1 under this section and published in the Gazette.
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(2) The commission may authorize the chairman, subject to such general or special conditions as it may from time to time determine by resolution-
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(a) to exercise in relation to the staff of the commission all the powers exercisable by the head of a department, in relation to public servants in that department, under the Public Service Commission Rules and the Financial Regulations of the Government which are for the time being in force ;
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(b) to call for applications for vacant posts, obtain
any information or explanation, initiate any correspondence or any inquiry or other proceedings, or take any other preliminary step or measure which may, in his opinion, be expedient or necessary for the proper consideration and determination of any matter by the commission ; and
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(c) generally to deal with all matters of routine and details of administration.
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(3) Regulations may be made under this Ordinance empowering the commission, whether generally or specially-
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(a) to authorize any committee consisting of at least two members of the commission, to hold an inquiry, in any case involving the exercise of the disciplinary powers of the commission or in any such case of any specified class or description, for the purpose of making recommendations to the commission in regard to the exercise of such powers in such case ; and
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(b) to delegate to local authorities of any specified description or to any particular local authority any of the powers (other than the power to appoint or dismiss members of the service), duties or functions conferred or imposed upon, or vested in, the commission by or under this Ordinance.
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Application
of the Commissions of Inquiry Act.
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12. The commission constituted under this Ordinance
or any committee thereof shall, in the case of any inquiry held into any matter involving the exercise of any disciplinary power vested in that commission or any such committee by or under this Ordinance, have the same powers as a commission appointed under the Commissions of Inquiry Act; and accordingly, any reference in any provision of that Act to a commission shall be deemed to include a reference to the commission constituted under this Ordinance or to any such committee thereof.
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Posts on
staff of commission to be pensionable.
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13. Every post on the staff of the commission is hereby declared to be a pensionable post in the service of Ceylon within the meaning and for the purposes of the application of the Minutes on Pensions ; and the holder of any such post is hereby declared to be a public servant within the meaning and for the purposes of the application of the said Minutes and the Widows’ and Orphans’ Pension Fund Ordinance.
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14.
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(1) The expenses of the commission, including the salaries, allowances, pensions and gratuities payable to or in respect of the members or staff of the commission, but not including the salaries, allowances, pensions and gratuities payable to members of the service, shall be paid out of moneys provided for the purpose by Parliament[1] under the annual Appropriation Act.[1]
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(2) All moneys paid to the commission under subsection (1) shall be applied and expended by the commission for the purposes authorized by or under this Ordinance.
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THE LOCAL GOVERNMENT SERVICE |
Constitution of a Local Government Service.
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15. A service to be called ‘and known as the Local Government Service is hereby constituted.
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Members of the service.
[ 6, 56 of 1946.]
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[ [ 7, 8 of 1949.]
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16. The service shall consist of those officers and servants of Municipal Councils, Urban Councils, Town Councils and Village Committees, whose posts are specified in the First Schedule hereto :
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Provided that no such officer or servant whose services are lent by the Government to any local authority shall be deemed to be a member of the service.
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Members to be servants of the commission and to be public servants.
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17.
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(1) Every member of the service shall, so long as he continues as such member, be deemed for all purposes to be in the service of the commission notwithstanding that he is for the time being employed under a local authority and notwithstanding that his salary is paid out of the funds of that local authority.
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(2) Every member of the service shall be deemed to be a public servant within the meaning of the Penal Code.
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Appointments to be made by the commission.
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18. After the appointed date, every appointment of a person to a scheduled post shall be made by the commission, and no such appointment shall be made by any local authority.
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Qualifications for appointment to the service.
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19.
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(1) After the appointed date, no person not having the prescribed qualifications shall be appointed to any scheduled post.
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(2) Regulations may be made prescribing the qualifications necessary for appointment to any post or class or grade of posts in the service.
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(3) The preceding provisions of this section shall not apply to any person who is transferred to the service under section 55 or section 63.
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Division of Ceylon into areas for the purposes of this Ordinance.
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20. For the purposes of this Ordinance Ceylon shall be divided into the areas specified in the Second Schedule hereto.
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21. After the appointed date, no person shall be appointed by the commission to any post described in Part II of the First Schedule hereto except on the result of an open competitive examination held in accordance with such regulations as may be made for the purpose:
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Provided, however, that the preceding provisions of this section shall not apply-
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(a) in the case of any appointment to any post, if the commission so determines, or if no such regulations are for the time being in force in respect of that post; or
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(b) to any person who is transferred to the service under section 55 or section 63.
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Residential qualifications.
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22. No person shall be appointed to any post described in Part II of the First Schedule hereto under any local authority (other than a Municipal Council) in any area specified in the Second Schedule hereto unless that person has been resident within that area for a period of at least three years immediately preceding the date of his appointment.
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23.
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(1) Every local authority shall cause and permit each member of the service who is appointed by the commission to any post in the service of that authority to perform and discharge the functions and duties of that post, and shall, out of its funds, pay the salary and allowances of each such member.
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(2) Regulations may be made prescribing the scales of the salaries and allowances to be attached to each post or class or grade of posts in the service.
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(3) Nothing in the Wages Boards Ordinance, or in any enactment amending that Ordinance shall apply or be construed or deemed to apply to or in relation to or in the case of any person who is a member of the service, notwithstanding that he is employed for the time being under a local authority in or in connexion with any service or undertaking which partakes of the nature of a trade or industry.
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24.
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(1) Any member of the service holding any post specified in the First Schedule may at any time be transferred by the commission to any other such post in accordance with such regulations as may be made for the purpose:
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Provided that no person who is appointed to any post described in Part II of the First Schedule hereto under any local authority (other than a Municipal Council) in any area specified in the Second Schedule hereto shall be transferred to any post outside that area.
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(2) Where a member of the service is transferred from a post under one local authority to a post under any other local authority, the local authority from whose employ the member is transferred shall forthwith send to the other local authority the prescribed particulars relating to that member.
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(3) Where a member of the service is transferred from a post under one local authority to a post under any other local authority, the commission may determine the amount payable to that member as costs incurred by reason of such transfer, and determine which local authority is responsible for the payment of the costs of the transfer.
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Such determination shall be final and shall be communicated in writing to the local authority concerned ; and such local authority shall, upon the receipt of such communication, forthwith pay out of its funds the costs of the transfer as so determined.
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Dismissal and punishment of members.
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25.
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(1) No member of the service shall be dismissed
or otherwise punished except in accordance with the provisions of this Ordinance or any regulations made thereunder.
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(2) No member of the service shall be dismissed unless an order of dismissal is made by at least three members of the commission.
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(3) Nothing in the preceding provisions of this section shall be deemed to render it unlawful for the commission to commence proceedings in accordance with those provisions, or to continue and complete as far as possible in accordance with those provisions any pending proceedings, against any member of the service in respect of any misconduct or breach of discipline or other cause of complaint which may have occurred or arisen before the appointed date.
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Leave.
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26. Every member of the service shall be entitled to leave of absence for such periods and on such terms and conditions as may be prescribed.
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27. Regulations may be made-
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(a) for the recruitment, appointment, promotion, transfer, resignation and retirement of members of the service ;
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(b) for the filling of vacancies in the service ;
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(c) for the dismissal, interdiction or punishment of members of the service ;
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(d) for prescribing the conditions of employment in the service;
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(e) generally for the maintenance of discipline in the service.
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Duties of local
authorities.
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28. Every local authority shall-
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(a) keep and maintain in respect of each member of the service in its employ, the prescribed registers or records ;
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(b) enter therein all such particulars relating to each of those members as may be prescribed ;
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(c) furnish to the commission such returns or reports relating to those members as may be prescribed or such information as the commission may, from time to time, require ;
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(d) permit any member or officer of the commission authorized in that behalf under section 11 (1) (i) to enter its office and to inspect and take copies of any books, accounts, records, or other documents kept therein.
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29. In this Part, ” contributor ” means a member of the service who is a contributor to the Local Government Service Provident Fund.
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Establishment of provident fund.
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30. The commission shall establish a fund to be known as the Local Government Service Provident Fund.
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Contributions by members.
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31.
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(1) Every member of the service, other than-
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(i) a transferred member as defined in section 54 who is eligible for the grant of a pension, gratuity, retiring or long service allowance under any by-laws or rules of the local authority in whose employ he was immediately prior to his transfer to the service, or
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(ii) a person who immediately prior to his becoming a member of the service was the holder of a pensionable office in the service of the Government of Ceylon,
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shall, until he ceases to be a member of the service, contribute to the provident fund an amount equal to one-twentieth of his monthly salary.
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(2) The contribution of a member for any month shall be calculated on the full monthly salary of the member notwithstanding that the amount received as salary for that month is less than the full monthly salary or that no amount whatsoever is received by way of salary for that month.
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Member’s contribution to be deducted from his salary.
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32. The contribution of a member for each month shall be deducted from his salary for that month by the local authority under which he is for the time being employed.
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Contributions by local authorities.
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33. Every local authority shall out of its funds contribute each month to the provident fund in respect of each contributor in its employ an amount equal to one and one-half times the contribution due to the provident fund from that contributor.
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Payment of contributions into the provident fund.
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34. The amounts deducted under section 32 and the amounts contributed under section 33 shall be credited monthly by each local authority to the provident fund.
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35. The accountant of the commission shall open and keep-
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(a) a general account of the amounts credited to and the payments made out of the provident fund, and
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(b) a separate account in respect of each contributor to that fund showing all contributions made by the contributor and all contributions made by a local authority in respect of that contributor.
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Investment of moneys credited to the fund.
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36. Moneys credited to the provident fund shall, so far as practicable, be invested by the commission in securities (other than the security of a mortgage of immovable property) prescribed in section 20 of the Trusts Ordinance for the investment of trust property which consists of money.
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37. The amount lying to the credit of the account of a contributor shall, subject to such regulations as may be made in that behalf, accumulate at simple interest at such rate as may from time to time be prescribed until the date on which he ceases to be a member of the service.
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38.
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(1) The account of a contributor shall be closed on the date on which the contributor ceases to be a
member of the service, that is to say: –
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(a) where he dies while he is in the employ of a local authority, on the date of his death ;
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(b) where his post is omitted from the First Schedule by Order under section 64, on the date on which that Order takes effect;
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(c) where he leaves the service or is dismissed from the service, on the date on which he leaves the service or is dismissed therefrom as the case may be.
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(2) Notice of the closing of an account shall be given by the accountant of the commission in the prescribed manner-
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(a) if the contributor is living, to the contributor ; or
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(b) if the contributor is dead, to such person or persons as may be prescribed.
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Death or termination
of service.
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39. If a contributor dies while he is in the employ of a local authority, or if his post is omitted from the First Schedule by Order under section 64, or if he leaves the service in any of the following circumstances, that is to say: –
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(a) on retirement on medical evidence, to the satisfaction of the commission, that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office ;
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(b) on abolition of office ;
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(c) on retirement on account of age ;
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(d) on satisfactory completion of contract;
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(e) on determination of contract by or with the consent of the commission, otherwise than by dismissal;
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(f) in the case of a female contributor, on retirement with a view to, or in consequence of, marriage after not less than three years’ service,
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Provided, however, that such payment shall-
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(i) in the case of the death of a contributor, be made in accordance with the provisions of section 41 ;
and
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(ii) in the case of a female contributor referred to in paragraph (f), be subject to the condition that she produces satisfactory proof of marriage within such period as may be prescribed.
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Dismissal or termination of service in circumstances other than those in which section 39 applies.
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40. If a contributor is dismissed from or leaves the service in any circumstances other than those in which section 39 applies-
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(a) the amount of his or her contributions to the provident fund and the interest thereon shall be paid to the contributor ; and
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(b) the amount of the contributions made in respect of that contributor under section 33 by each local authority under which the contributor has been employed, and the interest thereon, shall be paid to that local authority.
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Payment on death of contributor.
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41.
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(1) On the death of a contributor-
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(a) if the amount payable does not exceed two thousand five hundred rupees, the commission shall pay such amount to the person or persons nominated for the purpose by the contributor in the manner prescribed, or, if no such nomination has been made, to the credit of the estate of the deceased contributor or, at the discretion of the commission, to the person appearing to the commission to be entitled by law to receive such amount;
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(b) if the amount payable exceeds two thousand five hundred rupees, the commission shall pay such amount to the credit of the estate of the deceased contributor :
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Provided that the commission may make payments, not exceeding three hundred rupees in any case to meet the expenses of the funeral of the deceased or to give immediate relief to the widow or children or other dependants of the deceased if, in the opinion of the commission, such relief is required.
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(2) Any payment made by the commission under this section shall be valid and effectual against any demand made upon the commission by any other person in respect of the amount payable in respect of that contributor.
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Contributions not liable to attachment.
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42. The amount lying to the credit of any contributor in the provident fund shall not be assignable or transferable or be liable to be attached, sequestered or levied upon, in execution of any decree or order of any court for or in respect of any debt or claim whatsoever.
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43. Before any payment is made of moneys lying to the credit of any contributor in the provident fund, any sum or sums due from that contributor to the commission or to any local authority under which he has been employed may be deducted from such moneys.
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44. The accounts of the provident fund shall be annually audited by the Auditor-General.
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45. Regulations may be made for the administration and management of the provident fund, for prescribing the procedure for making deductions from the salaries of contributors and for all matters incidental to or connected with the provident fund for which no express provision is made in this Ordinance.
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Power to establish pension schemes, &c.
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46. The commission may, in accordance with regulations made under this Ordinance, establish and regulate-
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(1) a scheme (hereinafter referred to as the ” pension scheme”) for the payment of pensions, gratuities or retiring allowances to members of the service ; and
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(2) a widows’ and orphans’ pension fund or scheme for providing pensions for the widows and children of members of the service.
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Application of pension scheme.
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47. The pension scheme shall apply to every member of the service who is the holder of a post declared to be pensionable by the commission, but shall not apply to any transferred member of the service as defined in section 54 who is eligible for the grant of a pension, gratuity or retiring allowance under any by-laws or rules of the local authority in whose employ he was immediately prior to his transfer to the service, notwithstanding that he is the holder of a post in the service which is so declared to be pensionable ; and accordingly such transferred member shall not be eligible for the grant of a pension, gratuity or retiring allowance under such scheme.
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Widows’ and orphans’ pension fund or scheme not to apply-in certain cases.
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48. The widows’ and orphans’ pension fund or scheme shall not apply to any person who immediately prior to his becoming a member of the service was the holder of a pensionable office in the service of the Government of Ceylon.
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Pensions, &c, to be paid by commission.
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49.
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(1) The pension, gratuity or retiring allowance granted to a retired member under the pension scheme shall be paid to such retired member by the commission.
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In this section and the succeeding provisions of this Part, “retired member” means a member who has retired from the service.
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(2) The pension granted to the widow and children of a deceased member under the widows’ and orphans pension fund or scheme shall be paid to the person or persons entitled thereto by the commission.
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Payments to be made to commission
by local authorities in respect of pensions, &c.
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50.
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(1) Where-
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(a) a retired member who is granted a pension, gratuity or retiring allowance under the pension scheme, has, until his retirement from the service (and whether before or after the 1st day of April, 1946), been employed under only one local authority ; or
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(b) a deceased member whose widow and children are granted a pension under the widows’ and orphans’ pension fund or scheme had, until his , death (and whether before or after the 1st day of April, 1946), been employed under only one local authority,
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that local authority shall-
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(i) in the case of a grant which is payable monthly, pay out of its funds to the commission, before the tenth day of each-month, the amount of the grant payable under the pension scheme to such retired member in respect of that month, or, as the case may be, the amount of the grant payable under the widows’ and orphans’ pension fund or scheme to the widow and children of such deceased member in respect of that month ; or
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(ii) in the case of a grant payable in a lump sum, pay out of its funds to the commission, within ten days of the receipt of a written notice from the commission in that behalf, the amount of the grant so payable under the pension scheme to such retired member, or, as the case may be, the amount of the grant payable under the widows’ and orphans’ pension fund or scheme to the widow and children of such deceased member.
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(2) Where-
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(a) a retired member who is granted a pension,
gratuity or retiring allowance under the pension scheme, has, until his retirement from the service (and whether before or after the 1st day of April, 1946), been employed under more than one local authority ; or
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(b) a deceased member whose widow and children
are granted a pension under the widows’ and orphans’ pension fund or scheme had, until his death (and whether before or after the 1st day of April, 1946), been employed under more than one local authority,
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every such local authority shall-
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(i) in the case of a grant which is payable monthly, pay out of its funds to the commission, before the tenth day of each month, the prescribed proportion of the amount of the grant payable under the pension scheme to such retired member in respect of that month, or, as the case may be, the prescribed proportion of the amount of the grant payable under the widows’ and orphans’ pension fund or scheme to the widow and children of such deceased member in respect of that month ; or
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(ii) in the case of a grant payable in a lump sum, pay out of its funds to the commission, within ten days of the receipt of a written notice from the commission in that behalf, the prescribed proportion of the amount of the grant so payable under the pension scheme to such retired member, or, as the case may be, the prescribed proportion of the amount of the grant payable under the widows’ and orphans’ pension fund or scheme to the widow and children of such deceased member.
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Part III not to apply to members to whom
pension scheme applies.
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51. The provisions of Part III of this Ordinance shall not apply to any member of the service to whom the pension scheme applies or commences to apply.
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Closing of provident fund accounts of contributors to whom pension scheme applies.
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52.
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(1) Where the pension scheme commences to apply to any member of the service, who has been a contributor to the Local Government Service Provident Fund, the account of that contributor in the fund shall be closed forthwith, and as soon as may be thereafter-
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(a) the amount of the contributions of that member to the provident fund and the interest thereon shall be paid to him ; and
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(b) the amount of the contributions made in respect of that contributor under section 33 by each local authority under which the contributor has been employed, and the interest thereon, shall be paid to that local authority.
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(2) Before the payment of any moneys is made to any person under subsection (1), any sum or sums due from him to the commission or to any local authority under which he has been employed may be deducted from such moneys.
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Regulations for pensions, &c.
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53.
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(1) Regulations may be made under this Ordinance providing for-
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(a) the establishment, regulation, administration and management of a scheme for the grant of pensions, gratuities or retiring allowances to members of the service, the conditions and circumstances in which, and the restrictions subject to which, members will be eligible for such grants, the payments to be made thereunder to such members, and all matters incidental to or connected with such scheme for which no express provision is made in this Ordinance ; and
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(b) the establishment, regulation, administration and management of a widows’ and orphans’ pension fund or scheme for the grant of pensions to the widows and children of members of the service, the conditions and circumstances in which, and the restrictions subject to which, members will be eligible for such grants, fixing the contributions, if any, to be made thereto by the commission, fixing the contributions to be made thereto by such members, and the payments to be made therefrom to such widows and children, authorizing the contributions of members to be deducted from their salaries, prescribing the procedure for making such deductions, and all matters incidental to or connected with the fund or scheme for which no express provision is made in this Ordinance.
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(2) Regulations made under subsection (1) in relation to the pension scheme may contain provisions corresponding as nearly as may be to the provisions contained in that behalf in the Minutes regulating the pensions or gratuities to be granted to public servants of Ceylon for the purpose of authorizing the grant of pensions by the commission to members of the service transferred to or from the service from or to pensionable office under the Government of Ceylon ; and regulations made under subsection (1) in relation to the widows’ and orphans’ pension fund may contain such provision as may be deemed reasonable for the grant by the commission of pensions and gratuities to the widows and children of any such member.
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Interpretation.
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54.
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” transferred member” means a person who is transferred to the service under section 55 or section 63 ;
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” retiring allowance” includes any long service
allowance ;
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” retired member” means a transferred member who has retired from the service, and includes any such member who has retired under section 56.
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(2) Where any person who, having been a transferred member as defined in subsection (1) is deemed by virtue of section 3 of Ordinance No. 37 of 1947, *[* This Ordinance has been added to the Schedule to the Revised Edition of the Legislative Enactments Act.] to be an officer or servant of any local authority for any period, again becomes a member of the service before the 1st day of January, 1949, by reason of his appointment to a scheduled post or by reason that his post becomes a scheduled post, he shall, notwithstanding anything in the aforesaid section 3, be and be deemed always to have been, a transferred member for the purposes of this Part, and nothing in subsections (3) to (6) of the aforesaid section 3 shall apply or be deemed to have applied in the case of such member:
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Provided, however, that the preceding provisions of this subsection shall not be taken or construed to require or have required that the provisions of sections 32 to 34 of this Ordinance should apply or have applied in the case of such member during the period mentioned in the preceding provisions of this section.
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(3) The provisions of section 63 of this Ordinance shall not apply in any case to which subsection (2) of this section applies.
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Transfer of officers and servants.
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55.
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(1) Subject as hereinafter provided, every officer or servant of a local authority who, on the day immediately preceding the appointed date, held a scheduled post shall, on that date, be transferred to the service, and shall thereafter be deemed for the purposes of this Ordinance to be a member of the service :
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Provided that no such person whose services were lent by the Government to any local authority, or who on that date was a temporary officer or servant, shall be so transferred or deemed to be a member of the service.
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(2) Every transferred member shall be employed by the commission with as nearly as may be the same status and, subject to this Ordinance and any regulations made thereunder, on terms, including terms relating to salary, allowances and leave and the termination of his employment, not less favourable than the terms which he had or enjoyed as an officer or servant of the local authority under which he was employed on the day immediately preceding the appointed date.
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Option to transferred members to retire from the service.
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56. Any transferred member may within sixty months from the appointed date retire from the service upon giving to the commission at least two months’ written notice of his intention to retire.
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Payment of compensation on retirement of transferred members.
[ 15, 8 of 1949.]
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[ [15, 8 of 1949.]
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57. Upon the retirement of a transferred member from the service under section 56, that member may be granted by the commission such compensation, whether by way of pension, gratuity or retiring allowance, as might have been granted if, on the date of his retirement, he had been an officer or servant of the local authority in whose employ he was on the day immediately preceding the appointed date and had been retired by that local authority on account of the abolition of his office ; and for the purpose of the grant of such pension, gratuity or retiring allowance the service of that member under the commission shall be deemed to be service under that local authority.
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Pensionable officers transferred to the service.
[ 16, 8 of 1949.]
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[ [16, 8 of 1949.]
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58.
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(1) Every transferred member who does not retire from the service under section 56 and whose aggregate service up to the date immediately preceding the date of his retirement from the service, had it been wholly under the local authority in whose employ he was on the day immediately preceding the appointed date, would have qualified him for a pension, gratuity or retiring allowance under the by-laws or rules of that local authority, may, on his ultimate retirement from the service, be granted by the commission a pension, gratuity or retiring allowance not less in amount than the pension, gratuity or retiring allowance which he would have been awarded if his aggregate service had been under that local authority.
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(2) Upon the death, while in the service, of a transferred member whose aggregate service up to the date immediately preceding the date of his death, had it been wholly under the local authority in whose employ he was on the day immediately preceding the appointed date, would have qualified his widow or children or other dependants to a death gratuity under the by-laws or rules of that local authority, the widow or children or other dependants, as the case may be, may be granted by the commission a death gratuity not less in amount than the death gratuity which would have been awarded under such by-laws or rules if his aggregate service up to the date immediately preceding the date of his death had been under that local authority.
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Pensions, gratuities, &c, to be paid by the commission.
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59.
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(1) The pension, gratuity or retiring allowance granted to a retired member shall be paid by the commission.
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(2) The death gratuity granted under section 58 (2) in respect of a deceased member of the service shall be paid by the commission.
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Payments to be made by local authorities in respect of pensions, &c.
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60.
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(1) Where-
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(a) a retired member who is granted a pension, gratuity or retiring allowance under section 57 or section 58 (1) has, until his retirement from the service (and whether before or after the appointed date), been employed under only one local authority ; or
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(b) a deceased member whose widow and children are granted a death gratuity under section 58 (2) had, until his death (and whether before or after the appointed date), been employed under only one local authority,
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that local authority shall-
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(i) in the case of a grant which is payable monthly, pay out of its funds to the commission, before the tenth day of each month, the amount of the grant payable under section 57 or section 58 (1) to such retired member in respect of that month, or, as the case may be, the amount of the death gratuity payable under section 58 (2) to the widow and children of such deceased member in respect of that month ; or
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(ii) in the case of a grant payable in a lump sum, pay out of its funds to the commission, within ten days of the receipt of a written notice from the commission in that behalf, the amount of the grant payable under section 57 or section 58 (1) to such retired member, or, as the case may be, the amount of the grant payable under section 58 (2) to the widow and children of such deceased member.
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(2) Where-
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(a) a retired member who is granted a pension,
gratuity or retiring allowance under section 57 or section 58 (1) has, until his retirement from the service (and whether before or after the appointed date), been employed under more than one local authority ; or
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(b) a deceased member whose widow and children
are granted a death gratuity under section 58 (2) had, until his death (and whether before or after the appointed date), been employed under more than one local authority,
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every such local authority shall-
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(i) in the case of a grant which is payable monthly, pay out of its funds to the commission, before the tenth day of each month, the prescribed proportion of the amount of the grant payable under section 57 or section 58 (1) to such retired member in respect of that month, or. as the case may be, the prescribed proportion of the amount of the grant payable under section 58 (2) to the widow and children of such deceased member in respect of that month ; or
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(ii) in the case of a grant payable in a lump sum, pay out of its funds to the commission, within ten days of the receipt of a written notice from the commission in that behalf, the prescribed proportion of the amount of the grant payable under section 57 or section 58 (1) to that member, or, as the case may be, the prescribed proportion of the amount of the grant payable under section 58 (2) to the widow and children of such deceased member.
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Provident fund accounts of transferred members to be closed and moneys paid.
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61.
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(1) Where a transferred member is a contributor to a provident fund established under any bylaws or rules of the local authority under which he was employed immediately prior to the appointed date, the account of such member in the fund shall be closed on the appointed date, and as soon as may be the amount standing to his credit in the fund at the closing of such account shall be paid by the local authority to that member or any other person to whom by virtue of such by-laws or rules, as the case may be, payment may lawfully be made.
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(2) Before payment of any moneys is made to any person by a local authority under subsection (1) any sum or sums due from him to that local authority may be deducted from such moneys.
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62. The accountant of the commission shall keep an account of all moneys received from local authorities under this Part and of all moneys paid under this Part as pensions or gratuities to retired members of the service ; and such accounts shall be audited annually by the Auditor-General.
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63. Every person in the employment of a local
authority who is on any date appointed to a scheduled post or is the holder of a post which becomes on any date a scheduled post shall, on that date, be transferred to the service, and the provisions of this Part shall apply to such person as though every reference in this Part to the appointed date were a reference to the date of his transfer as aforesaid.
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Amendment and replacement of Schedules.
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64. The Minister1 may, by Order published in the Gazette, amend or vary any of the Schedules to this Ordinance and may from time to time replace any of those Schedules by a new Schedule incorporating all amendments or variations made therein under the preceding provisions of this section.
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Construction of other written law.
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65.
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(1) Where by any written law other than this Ordinance, power is vested in any local authority to appoint, dismiss or remove its officers or servants, such power shall, on and after the date on which Part II is brought into operation, be deemed not to include the power to appoint any person to a scheduled post or the power to dismiss or remove any such person from any such post.
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(2) The purposes for which the funds at the disposal of a local authority may be expended under the written law relating to the powers of that local authority shall be deemed to include the making of all payments which that authority is authorized or required to make under or for the purposes of this Ordinance.
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66.
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(1) If in first giving effect to the provisions of this Ordinance, any doubt or difficulty arises in respect of any matter or question for which no provision or no effective provision is made by this Ordinance, the Minister[1] may, by Order, remove or determine such doubt or difficulty. Every such Order shall be published in the Gazette, and upon such publication shall have the force of law and be as valid and effectual as if it were herein enacted.
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(2) If any question arises as to whether any scheduled post is or is not a post of a temporary or casual nature it shall be referred to the commission whose decision thereon shall be final.
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67.
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(1) The commission may, subject to the general
or special direction of the Minister,[1] make all such regulations as may seem to the commission to be necessary for carrying out the provisions of this Ordinance or giving effect to the principles thereof, including regulations for all matters for or in respect of which regulations are authorized or required to be made under this Ordinance, and all matters stated or required by this Ordinance to be prescribed.
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(2) No regulation made by the commission under this Ordinance shall have effect until it has been approved by the Senate and the House of Representatives,[1] and notification of such approval has been published in the Gazette.
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(3) Upon the publication of any notification under subsection (2), the regulation to which the notification relates shall be as valid and effectual as though it were herein enacted.
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Application of section 7 of the Interpretation Ordinance.
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68. The provisions of section 7 of the Interpretation Ordinance shall apply in relation to the power to make regulations under this Ordinance in like manner as they apply in the case of the power to make rules or issue orders under any enactment.
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Immunity of individual members of commission.
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69. No action, prosecution or other proceeding, whether civil or criminal, shall be instituted or maintained against any individual member of the commission in respect of any decision taken or act done or omitted by him in his capacity as such member or by the commission in its corporate capacity.
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70. In this Ordinance, unless the context otherwise
requires-
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” appointed date” in relation to any Part of this Ordinance means the date on which that Part is brought into operation ;
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” commission ” means the Local Government Service Commission established by section 2 ;
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” local authority” means a Municipal Council, Urban Council, Town Council or Village Committee, and includes a Sanitary Board, a Provincial Road Committee or a District Road Committee ;
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” member ” or ” member of the service” means a person holding a scheduled post;
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” personal allowance” means a special addition to salary granted personally to the holder for the time being of a scheduled post;
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” prescribed ” means prescribed by this Ordinance or by regulation;
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” regulation” means a regulation made by the commission under this Ordinance ;
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” salary” includes wages which are paid daily or calculated on the basis of a daily rate and any personal allowance but no other payment or allowance whatsoever;
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” scheduled post” means any post specified or described in the First Schedule ;
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” the service ” means the Local Government service constituted by section 15.
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Schedules
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Chapter 264, Volume No. 9 Page No.640. |