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| Provincial Councils (Amendment) |
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AN ACT TO AMEND THE PROVINCIAL COUNCILS ACT, NO. 42 OF 1987
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: “
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[6th July
, 1990 ]
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Short title.
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1. This Act may be cited as the Provincial Councils (Amendment) Act, No. 27 of 1990.
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Amendment of section 5 of Act No. 42 of 1987.
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2. Section 5 of the Provincial Councils Act, No. 42 of 1987 (hereinafter referred to as the ” principal enactment”) is hereby amended by the addition at the end of that section of the following new subsection : ”
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” (3) Where the Governor of a Province communicates to the Chairman of a Provincial Council established for that province that in the opinion of the Governor, a member of such Provincial Council has, on the date specified in such communication, expressly repudiator or manifestly disavowed obedience to the Constitution, in contravention or violation of, the oath or affirmation taken and subscribed, or made and subscribed by such member under section 4, such member shall be disqualified from sitting and voting as a member or such Provincial Council, with effect from the date specified in such communication.”.
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Insertion of new section 5A in the principal enactment
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3. The following new section is hereby inserted immediately after section 5 and shall have effect as section 5A of the principal enactment: ”
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” Dissolution of a Provincial Council.
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5A. Where the Governor of a Province communicates to the President that”
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(a) more than one half of the total membership of such Provincial Council has, on or about the date specified in that communication, expressly repudiated or manifestly disavowed obedience to the Constitution or otherwise acted in contravention of the oath or affirmation taken and subscribed, or made and subscribed ; by such members under section 4 ; or”
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(b) that such Provincial Council has for all intents and purposes ceased to function with effect from any date,
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the Provincial Council shall stand dissolved with effect from the date specified in such communication.”,
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Transitional Provision.
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4. Where by reason of the operation of section 5A of the principal enactment, a Provincial Council stands dissolved with effect from a date prior to the date of commencement of this Act, the Commissioner of Elections shall be deemed to have complied with the provisions of section 10 of the Provincial Councils Elections Act, No. 2 of 1988, if he publishes the notice referred to in that section within a period of one week from the date of commencement of ‘this Act
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Sinhala text to Prevail in case of inconsistency.
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5. In the event of any inconsistency between the Sinhala end Tamil texts of this Act, the Sinhala text shall prevail.
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