Local Government Service (Amendment)

(1) There shall be established a Local Government Service Commission (hereinafter referred to as the” Commission”.

(2) Any legal proceeding instituted by or against the Chairman and any member of the Commission shall be instituted in the name of the Commission.

(1) The Commission shall consist of .’1 Chairman and not less than four other members, all of whom shall be appointed by the Minister.

(2) A person shall be disqualified from being the Chairman or a member of the Commission or from continuing as Chairman or a member of the Commission –

(3) Where any member of the Commission, other than the Chairman is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office during any period, the Minister may appoint any other person to act in his place during such period.

(4) Where the Chairman is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office during any period, the Minister may appoint any other member of the Commission to act in his place during such ,period.

(5) A member of the Commission including the Chairman may resign his office by letter to that effect addressed to the Minister.

(6) The Minister may, without assigning any reason therefore, remove the Chairman or any other member of the Commission and such removal shall not be called in question it any court.

(7) Every member of the Commission, including the Chairman, shall, unless he vacates office earlier by death, resignation r removal, hold office for a term of five years:

Provided, however, that if the Chairman or any other member of the Commission vacates his office prior to the expiration of his term of office, his successor shall, unless such successor vacates his office earlier, hold office for the unexpired term of office of the person whom he succeeds.

(8) The Chairman and other members of the Commission may be paid such remuneration as the Minister may with the concurrence of the Minister in charge of the subject of Finance, determine.

(1) The Chairman shall preside at all meetings of the Commission. In the absence of the Chairman from any meeting of the Commission the members present shall elect any member from among themselves, to preside at such meeting.

(2) The quorum for any meeting of the Commission shall be three members, and the Commission may regulate the procedure in regard to its meetings.

(3) All questions for decision at any meeting of the Commission shall be determined by the vote of the majority of the members present. In the case of an equality of votes the Chairman, or the member presiding shall have a casting vote.

(4) No act or proceeding of the Commission shall be invalidated by reason only of the existence of a vacancy among its members or any defect in the appointment of a member thereof.

(1) There shall be a Secretary to the Commission who shall be appointed by the Minister.

(2) The other officers of the staff of the Commission shall be appointed from ‘the service or the transferable service of the Government. “.

(1) The Minister may, from time to time, delegate any or all of his powers under this Act, to the Commission.

(2) Any member of the service aggrieved by an order of dismissal or any other order relating to a disciplinary matter, made by the Commission, in the exercise of the powers delegated to it under subsection (1), shall have a right to make a single appeal against such order to the Minister.”.

(1) The Commission may delegate to any public office , head of a local authority, or any member of the service, subject to such conditions as may be prescribed by the Minister. its powers of appointment, transfer, dismissal or disciplinary control of any category of members of the service.

(2) Any member of the service aggrieved by any order of dismissal or any other order relating to a disciplinary matter made by any person to whom the Commission has delegated its powers under subsection (1), shall have a right of appeal to the Commission and the Commission shall on any such appeal have the power to alter. vary or rescind such order. “.

(a) any order of dismissal or any other order relating to a disciplinary matter, made on appeal or otherwise, by the Commission having regard to all the circumstances of the case;

(b) any appointment made by any person to whom the Commission has delegated its powers under section 9 having regard to the relevant scheme of recruitment.”.

(1) There shall be established a Fund to be known as the Local Government Service Widowers and Orphans Pension Fund, for the payment of pensions to the widowers and orphans of pension able members of the service.

(2) The Fund established under subsection (1) shall be administered by the Director of Local Government Service or any state officer all used by the Minister for this purpose. “.

(1) The Minister shall, having regard to the work or services to be exercised or performed by a local authority under any law, have the power to direct such local authority to create such post or posts as he may deem necessary.

(2) Every local authority shall forthwith comply with any direction of the Minister made under subsection (1).”

(1) At the request of any Government Department, Corporation or Statutory Board, any member of the service may with the consent of such member and the Commission be released. from such service for the purpose of being temporarily appointed to the staff of such Government Department, Corporation or Statutory Board as the case may be, for such period as may be determined by such Government Department, Corporation or Statutory Board or be released for the purpose of being permanently appointed to such staff.

(2) Where any member of the service is temporarily appointed to staff of any Government Department, Corporation or Statutory Board and if at the time of such temporary appointment his substantive post in the service was a post declared to be 3 pensionable post in terms of regulation 3 of -the Local Government Service Pension Regulations of 1975, the said Government Department, Corporation or Statutory Board shall pay to the Director of Local Government Service to be credited to the Local Government Service Pension Fund for every complete month during which he is in the employment of such Government Department, Corporation or Statutory Board such sum not exceeding twenty-five percent of the salary payable to him in his substantive post in the service as may be determined by the Minister in charge of the subject of Local Government. (3) Where any member of the service is at the time of his temporary appointment to the staff of any Government Department, Corporation or Statutory Board a contributor to the Local Government Service Provident Fund established by section 17 his service to such Government Department, Corporation.

(3) Where any member of the service is at the time of his temporary appointment to the staff of any Government Department Corporation or Statutory Board a shall, for the purposes of this Law be deemed to be service in the Local Government Service and accordingly he shall, while he is in the employment of such Government Department, Corporation or Statutory Board, continue to pay to the Local Government Service Provident Fund such contributions as he is liable under this Law to pay and in respect of him such Government Department, Corporation or Statutory Board shall pay at the close of each financial year to the Director of Local Government Service to be credited to the Local Government Service Provident Fund, a sum equivalent to such contribution as the appropriate local authority would have been liable to pay to the Local Government Service Provident Fund had such member not been temporarily appointed to the staff of such Government Department, Corporation or Statutory Board.

(4) Where a member of the Service was at the time of his permanent appointment to the staff of any Government Department, Corporation or Statutory Board, a contributor to the Local Government Service Provident Fund established by section 17 he shall be deemed to have relinquished his post in the service. “.

(b) the administration, regulation, supervision and control of each of the Funds referred to in sections 15, 16, 16A and 17;”;

“(d) the conditions and circumstances in which, and the restrictions subject to which, widows, widowers and children of members of the service will be eligible for the grant of tension under the Local Government :service Widows’ and Orphans’ Pension Fund established under section 16 and the grant of pension under the Local Government Service Widowers’ and Orphans’ Pension Fund established under section 16A, the fixing of the contributions to be made to such Fund by the authority administering such Fund and by the members of the service, the payments to be made from such Fund to such widows, widowers and children, the authorizing of contributions of such members to be deducted from their salaries, and the procedure for making such deductions; “.

“2. Any post in the district service established by the Development Councils Act, No. 35 of 1980, the maximum salary assigned to which does not exceed the amount prescribed for the purposes of subsection (2) of section 36, of that Act. “.