Provincial Councils (Amendment)



Provincial Councils (Amendment)
AN ACT TO AMEND THE PROVINCIAL COUNCILS ACT, NO. 42 of 1987

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :

[6th July
, 1990
]
short title.

1. This Act may be cited as the Provincial Councils (Amendment) Act, No .28 of 1990.

Amendment of section 25 of Act No. 42 of 1987.

2. Section 25 of the Provincial Councils Act, No. 42 of 1987 (hereinafter referred to as ” the principal enactment “j is hereby amended in subsection (1) of that section, by the substitution for the words ” five months before the expiration of such financial year”, of the words “three months before the commencement of such financial year “.

Insertion of section 27A in the principal enactment.

3. The following new section is inserted immediately after section 27 and shall have effect as section 27A of the principal enactment:

” Powers of Governor.

27A. Where a Provincial Council has been dissolved before the annual financial statement for the financial year has been approved, or a Provincial Council ceases, for any other reason to function, the Governor may, notwithstanding anything in the preceding provisions of this Part, authorize the issue from the Provincial Fund, and the expenditure of such Funds, as he may consider necessary for the administration of the province, until the expiry of a period of three months from the date on which the new Provincial Council is summoned to meet or the date on which the Provincial Council resumes functioning.”.

Amendment section 33 of the principal enactment,

4. Section 32 of the principal enactment is hereby amended by the insertion, immediately after subsection (2) thereof, of the following new subsections:

“(2A) The Provincial Public Service Commission of a province may, subject to such conditions as may be prescribed by the Government of that Province, delegate to the Chief Secretary or any officer of the provincial public service of that Province, its powers of appointment, transfer, dismissal, and disciplinary control of officers of the provincial public service.

(2B) Any officer of the provincial public service of a Province aggrieved by any order made by the Chief secretary or any officer of the provincial public service of that Province, to whom the Provincial Public Service Commission of that Province has delegated its powers under the preceding subsection, shall have a right of appeal to such Provincial Public Service Commission. “.

Amendment of section 33 of the principal enactment.

5. Section 33 of the principal enactment is hereby amended in subsection (8) of that section, by the substitution for the words “Provincial Public Service Commission of that Province”, of the words “Provincial Public Service Commission of that Province, on appeal or otherwise, ‘or by the Chief Secretary or, any officer of the provincial public service of that Province, to whom such Provincial Public Service Commission has delegated its powers under section 32”.

Amendment of section 34 of the principal enactment.

6. Section 34 of the principal enactment is hereby amended by the substitution for the words “-any decision of a Provincial Public Service Commission or any member there of shall”, of the words ” any decision of a Provincial Public Service Commission or any member thereof, or of any Chief Secretary or any officer of a provincial service exercising any powers delegated by any such Commission shall”.

Sinhala text to prevail in case of inconsistency.

7. In the event of any Inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala Text shall prevail.