Registration of Electors
AN ACT TO PROVIDE FOR THE REGISTRATION OF ELECTORS IN TERMS OF ARTICLE 101 OF THE CONSTITUTION AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :
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Short title and date of operation.
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1.This Act may be cited as the Registration of Electors Act, No. 44 of 1980, and shall come into operation on such date as may be appointed by the President by Order published in the Gazette.
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PART IQUALIFICATIONS OF ELECTORS
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Circumstances disqualifying for registration.
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2. No person shall be qualified to have his name entered or retained in any register of electors for any electoral district (hereinafter referred to as the ” register”) in any year if such person is subject to any of the disqualifications specified in Article 89 of the Constitution,
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Qualifying date for determining age, .
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3. The first day of June in any year is hereby prescribed as the qualifying date on which a person should have attained the age of eighteen years to qualify for the purposes of registration as an elector.
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Qualifying date for determining residence.
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4.
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(1) The first day of June in any year is hereby prescribed as the qualifying date on which a person should be resident in any electoral district to have his name entered or retained in the register of that electoral district.
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(2) The address at which a person was ordinarily resident in any electoral district on the first day of June in any year is hereinafter referred to as his ” qualifying address “.
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(3) In the determination of any question as to a person’s residence on the first day of June in any year, particular regard shall be had to the purpose and other circumstances, as well as to the fact, of his presence at, or absence from the address in question, and in particular his absence from such address in the performance of any duty accruing from or incidental to any office, service or employment, held or undertaken by him.
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General qualification for electors.
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5. Subject to the provisions of section 6, every person not otherwise disqualified shall be qualified to have his name entered or retained in a register.
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Entry or retention of names in register under qualifying address.
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6. The name of a person shall be entered or retained in the register for any electoral district in any year under his qualifying address, and accordingly such person shall not be entitled to have his name so entered or retained under any other address:
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Provided, however, that the registration of such person as an elector shall be deemed or construed not to be Invalid or of no effect by reason only of the failure to comply with the preceding provisions of this section in respect of the entry or retention of his name in such register.
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Restriction on plural registration.
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7.
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(1) No person shall be entitled to have his name entered or retained in more than one register, notwithstanding that he may be qualified to have his name entered or retained in two or more registers.
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(2) No person shall be entitled to have his name entered or retained more than once in the same register, notwithstanding that he may be qualified to have his name so enter- ed or retained.
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PART IIREGISTERING OFFICERS, POLLING DIVISIONS AND POLLING DISTRICTS
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Appointment of registering officers.
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8.
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(1) As soon as may be after the publication of the Proclamation under Article 97 of the Constitution, the Commissioner of Elections (hereinafter referred to as the “Commissioner”) shall appoint, by name or by office, a registering officer for each electoral district and may from time to time appoint by name or by office one or more persons to assist any registering officer in the performance of his duties, A person so appointed to assist any such officer as aforesaid shall have ail the powers and may perform all the duties of the officer whom he is appointed to assist, and any reference in this Act to a registering officer shall, unless the context otherwise requires, be deemed to include a reference to an assistant registering officer.
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(2) An appointment made by the Commissioner under tills section may be revoked by him at any time.
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Polling divisions and polling districts.
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9.
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(1) As soon as may be after the publication of Proclamation under Article 97 of the Constitution, the registering officer of each electoral district specified in the Proclamation aforesaid, shall, in accordance with such directions as may be issued by the Commissioner –
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(a) divide that electoral district into polling divisions, and assign to each such polling division a distinguishing letter or letters;
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(b) sub-divide each such polling division into polling districts and assign to each such polling district a distinguishing number ; and
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(c) publish in the Gazette a notice specifying
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(i) the polling divisions into which that electoral district has been divided and the distinguishing letter or letters assigned to each such polling division, and
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(ii) the polling districts into which each such polling division has been sub-divided and the distinguishing number assigned to each such polling district.
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(2) Unless the Commissioner otherwise directs, the subdivision of a polling division into polling districts shall be so made that each polling district, at the time of such sub-division, contains not more than one thousand five hundred electors.
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(3) The division of an electoral district into polling divisions, and the sub-division of a polling division into polling districts may be altered by the registering officer as occasion may require; and upon any such alteration being made he shall publish in the Gazette a notice specifying, in relation to that electoral district, the particulars mentioned in paragraph (c) of subsection (1). Any such alteration shall come into effect on the date of publication of the notice under section 20 relating to the next certification of the register for such electoral district, but the revision of such register before such certification may be made on the basis of such alteration.
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PART IIIPREPARATION OF REGISTERS
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Preparation Of Registers.
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10.
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(1) As soon as may be after the publication of the Proclamation under Article 97 of the Constitution and the publication of the notice referred to in section 9(1), the registering officer of each electoral district specified in such Proclamation shall prepare, or cause to be prepared, and certify a register for such electoral district,
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so however, that every name appearing in a register in operation or in those parts of a register in operation immediately prior to the publication of such Proclamation which relate to the area comprised in such electoral district shall appear in the register so prepared and certified together with the qualifying address under which such name so appeared in the register in operation.
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(2) The registering officer shall, subject to the provisions of section 7, enter or cause to be entered in a register prepared under subsection (1), the names of persons who although their names are not in the register in operation or those parts of a register in operation referred to in that subsection appear to him to be qualified to have their names entered in the register so prepared.
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(3) Before the certification of the register prepared for any electoral district under subsection (1), application may be made to the registering officer of that electoral district for the correction of an existing entry relating to the applicant in such register, and where such application is made, the registering officer shall, if he is satisfied after such inquiry as he deems fit that the entry relates to the applicant and is erroneous or defective in any particular, cause the necessary amendment in the entry to be made.
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(4) Nothing in this Act shall be deemed to prohibit the registering officer, before certifying any register prepared under subsection (1), from correcting any clerical error which appears to him to have been made therein.
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(5) In this section, “register in operation” means any register of electors for the time being in operation in terms of the Ceylon (Parliamentary Elections) Order in Council, 1946.
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Notice of certification of register to be given.
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11.
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(1) On the certification of a register under section 10 the registering officer shall give notice in the Gazette and in at least one newspaper in each of the National Languages that the register has been certified and that such register or a copy thereof is open for inspection at all reasonable hours of the day at the office of the registering officer or at such other place in the district as may be specified in the notice.
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(2) A register for any electoral district shall come into operation on the date of the publication in the Gazette of the notice aforesaid, and such register shall continue in operation until superseded by the coming into operation of the next certified register as hereinafter provided.
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PART IV REVISION OF REGISTERS
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Revision of register.
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12.
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(1) On or before the first day of June in each year after the register for any electoral district is first certified under section 10, the Commissioner shall cause the revision of such register to be commenced and a notification stating that the revision of such register has commenced and informing every person qualified to be an elector for such electoral district how he may ascertain whether his name is in such register and, if not, how he may secure its entry therein, to be published in the Gazette and in at least one newspaper in each of the National Languages and to be conspicuously displayed at public places within such electoral district.
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(2) For the purpose of revising the register and of satisfying himself as to the qualification of any person for registration or determining whether the name of any person should be entered or retained in the register, the registering officer may make such house to house or other inquiry as he may deem necessary either by himself or through a person appointed by him. For the purpose of such inquiry the registering officer may require any householder or any per son owning or occupying any land or premises in his electoral district or the agent of such person to give in such form as may from time to time be determined by the Com missioner, any information in the possession of such person or agent which the registering officer may require. Any notice requiring information under this subsection may be sent by ordinary letter post to the person from whom the information is required or may be delivered to him or to an adult member of his household.
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(3) All officers in the service of the Government of Sri Lanka, or any public corporation or any local authority,, (other than officers in such service who are bound by an oath of secrecy under any written law), are hereby authorized and required to furnish to the registering officer all such information as he may require to enable him to revise the register.
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(4) Every person who, being in possession of any information required under subsection (2), fails to give such in formation to the registering officer or to any person appoint ed by the registering officer for the purpose, or wilfully gives any false information, shall be guilty of an offence and shall, on conviction before a Magistrate, be liable to a fine not exceeding five hundred rupees, or to imprisonment of either description for a term not exceeding one month or to both such fine and imprisonment.
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(5) Every officer who is appointed by a registering officer
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(a) who wilfully suppresses any information relating to the qualification of any person for registration as an elector or relevant for determining whether the name of any person should or should not be entered or retained in the register, after such information had been furnished to or collected by him, or gives any information relevant for the purpose aforesaid knowing such information to be false; or
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(b) who wilfully and without reasonable cause deletes or causes to be deleted from the register or fails wilfully and without reasonable cause to enter or retain in the register the name of any person who is entitled to be registered as an elector, shall be guilty of an offence and shall, on conviction before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description not exceeding one month or to both such fine and imprisonment.
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(6) Every person who, at any revision of any register in any year, knowing that he or any other person is not qualified to have the name of himself or such other person entered or retained in such register, claims or applies, or induces or aids or abets such other person to claim or apply, for the entry or retention of the name of himself or of such other person, as the case may be, in such register, shall be guilty of an offence and shall, on conviction before a Magistrate, be liable to a fine not exceeding five hundred rupees or to imprisonment of either description not exceeding one month, or to both such fine and imprisonment.
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(7)
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(a) Where it appears that a person is qualified to have his name entered or retained –
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(i) in more than one register ; or
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(ii) more than once in the same register under different qualifying addresses, a registering officer shall cause notice to be served on that person requiring him to specify, within seven days of the date of service of such notice, the register in which he de sires to have his name entered or retained, or the qualifying address under which he desires to have his name entered or retained in the same register aforesaid, as the case may be,
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(b) Any notice referred to in paragraph (a) may be served in the manner provided in that behalf in subsection (2).
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(c) Where, in compliance with a notice under paragraph (a) a person specifies –
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(i) the register in which he desires to have his name entered or retained, and the registering officer for the appropriate electoral district is satisfied that such person is qualified to have his name entered or retained in that register his name shall be entered or retained in that register and in no other register ; or
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(ii) the qualifying address under which he desires to have his name entered or retained in the same register, and the registering officer is satisfied that such person is qualified to have his name entered or retained in that register, under that address, his name shall be entered or retained under that address in that register and under no other address in that register.
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(d) Where a person fails to comply with a notice under paragraph (a) –
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(i) the Commissioner shall, if the notice required such person to specify the register in which such person desires to have his name entered or retained, determine which one of the registers in which such person is qualified to have his name entered or retained shall be the register in which such name shall be entered or retained, and such name shall be entered or retained in the register determined by the Commissioner and in no other register ; or
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(ii) the registering officer shall, if the notice required him to specify the qualifying address under which he desires to have his name entered or retained in the same register, determine which one of the qualifying addresses in the same register under which such person is qualified to have his name entered or retained shall be the address under which such name shall be entered or retained in that register, and such name shall be entered or retained under the qualifying address in that register determined by the registering officer and under no other qualifying address in that register.
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(e) The failure of any person to comply with any notice served under paragraph (a), or the failure of the Commissioner or a registering officer to comply with the provisions of paragraph (d) in respect of that person or the fact that upon such compliance his name is not entered or retained in any register, or under any qualifying address in the same register, specified by such person, shall not affect or prejudice his right to have his name entered or retained, subject to the provisions of section 7, in any register, or under any qualifying address in the same register, as the case may be, in or under which he is qualified to have his name entered or retained.
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Method of revising register.
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13.
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(1) For the purpose of revising the register in each year, the registering officer shall prepare two separate lists, one, hereinafter referred to as ” list A” containing the names of persons in the register who are dead or have become disqualified for registration under the qualifying address shown in such register, or disqualified for any other reason, and the other, hereinafter referred to as ” list B ” containing the names of persons, who not being already in the register under the qualifying address or otherwise disqualified appear to the registering officer to be qualified to have their names entered in the register under a qualifying address.
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The preparation of such lists shall be completed by the registering officer on or before the thirty-first day of January in the succeeding year.
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(2) Upon the completion of the two lists referred to in subsection (1) the registering officer shall give notice in the Gazette and in at least one newspaper in each of the National Languages that such lists have been completed and that the register and such lists or copies or extracts thereof are open for inspection at all reasonable hours of the day at the office of the registering officer, and at such other places in the electoral district as may be specified in the notice.
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Claims and objections at revision of register.
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14.
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(1) Every person who is qualified in accordance with this Act to have his name entered or retained in any register at a revision of that register and whose name has been omitted from that register and from list B or whose name has been included in list A and who claims to have his name entered or retained, as the case may be, in the register (in this section and in section 15 referred to as the ” claimant”) may apply to the registering officer to have his name entered or retained in such register under a qualifying address. Every claim under this subsection shall be in writing and shall be substantially in form A set out in the Schedule to this Act.
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(2) Where a person is entitled to claim under subsection (1) to have his name entered or retained in any register, any other person (in this section and in section 15 referred to as the ” applicant”) may apply to the registering officer to have the name of the first-mentioned person entered or retained in such register under a qualifying address. Every claim under this subsection shall be in writing and shall be substantially in form B set out in the Schedule to this Act.
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(3) Every claim under subsection (1) or subsection (2) shall be made so as to reach the registering officer within four weeks from the date of the publication in the Gazette of the notice of completion of list A and list B. The registering officer shall from time to time exhibit in a conspicuous place at his office a notice containing the name and address of each claimant.
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(4) Any person whose name appears in the register or in list B for any electoral district may object to the entry or retention in such register of –
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(b) the name of any other person appearing in such register or list B ; or
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(c) the name of any claimant.
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(5) In this section and in section 15 every person objecting to the entry or retention of any name in the register is referred to as the “objector”,
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(6) Every objection under paragraph (a) or paragraph (b) of subsection (4) to the entry or retention of any name in the register shall be made In writing in duplicate and shall be substantially in form C set out in the Schedule to this Act and shall be made so as to reach the registering officer within four weeks from the date of publication in the Gazette of the notice of completion of list A and list B. The registering officer shall from time to time exhibit in a conspicuous place at his office a notice containing the name and address of each objector and person in regard to whom such objection has been made.
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(7) Every objection under paragraph (c) of subsection (4) to the entry of the name of any claimant in the register shall be made in writing in duplicate and shall be substantially in form D set out in the Schedule to this Act and shall be made so as to reach the registering officer within fourteen days from the date on which the notice containing the name of such claimant is exhibited under subsection (3). The registering officer shall from time to time exhibit in a conspicuous place at his office a notice containing the name and address of each objector and the person in regard to whom such objection has been made.
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(8) The registering officer shall, as soon as practicable after receiving an objection under this section, send one copy of the objection to the person in regard to whom objection has been made.
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(9) The registering officer shall, as soon as practicable, hold a public inquiry into all claims and objections which have been duly made, giving not less than seven clear days’ written notice of the date on which, and the time and place at which, the inquiry will commence, to each claimant, applicant, objector and person in regard to whom objection has been made. At any such public inquiry, any person appearing to the registering officer to be interested in or affected by the subject-matter of the inquiry may appear and be heard either by himself or by any other person duly authorized by him in writing in that behalf :
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Provided that the registering officer may, without any public inquiry as aforesaid, allow any claim in respect of which no objection has been made if he is otherwise satisfied that such claim should be allowed and shall enter the claimant’s name in the register :
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And provided further that the registering officer may, if he deems it necessary so to do, by written notice direct any claimant, applicant, objector, or person in regard to whom objection has been made, to appear at any public inquiry as aforesaid either by himself or by any other person duly authorized by him in writing in that behalf, and if such person fails to comply with such direction, such person shall be guilty of an offence and shall on conviction before a Magistrate be liable to a fine not exceeding five hundred rupees.
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(10) Where an objection is made under this section, the registering officer shall call upon the objector, or some person authorized in writing in that behalf by the objector, to give proof to the satisfaction of such registering officer, of the ground of the objection.
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(11) If proof of an objection under this section is given to the satisfaction of the registering officer, the registering officer shall require proof of the qualification of the person in regard to whom the objection has been made, and
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(a) if such person’s qualification is not proved to the satisfaction of the registering officer, such officer shall expunge such person’s name from, or, as the case may be, refuse to enter such person’s name in the register;
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(b) if such person’s qualification is proved, such officer shall enter or retain such person’s name in the register.
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(12) If on the date fixed for inquiry into any objection, the objector or a person authorized in writing in that be half by the objector fails to appear, or appears but fails to give proof to the satisfaction of the registering officer, then-
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(a) if the objection is to the retention in the register of the name of a person appearing therein, or to the entering therein of the name of a person whose name appears in List B, the registering officer shall retain or enter, as the case may be, such person’s name in such register without calling upon such person to prove his qualification ;
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(b) if the objection is to the entry in the register of the name of any claimant, the registering officer shall require proof of the qualification of the claimant, and –
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(i) if the claimant’s qualification is not proved to the satisfaction of the registering officer, he shall refuse to enter the claimant’s name in such register ;
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(ii) if the claimant’s qualification is so proved, he shall enter the claimant’s name in such register.
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(13) If any objection is made and is overruled by the registering officer and, in his opinion, the objection was made without reasonable cause, the registering officer may, if he thinks fit, order the objector to pay to the person in regard to whom objection has been made such sum not exceeding fifty rupees as the registering officer considers reasonable compensation for any loss of time Incurred by such person in consequence of the objection.
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(14) If upon an objection being overruled, the objector appeals under section 15 to the revising officer and the appeal is dismissed, and in the opinion of the revising officer the appeal was made without reasonable cause, the revising officer may, if he thinks fit, order the objector to pay to the person in regard to whom objection has been made such sum not exceeding fifty rupees as the revising officer considers reasonable compensation for any loss of time incurred by such person in consequence of the appeal. If any appeal as aforesaid is allowed by the revising officer he shall have power to revise or cancel any order made by the registering officer for the payment of compensation by the objector.
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(15) Any sum awarded as compensation under this section shall be recoverable as though the order of the registering officer or revising officer were a decree of court.
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16.Any decision made by a registering officer under this section in respect of any claim or objection shall be communicated in writing to each claimant, applicant, objector or person in regard to whom objection has been made. Such communication may be sent by ordinary letter post.
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Appeals to revising officer.
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15.
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(1) If any claimant, applicant, objector or person in regard to whom objection has been made is dissatisfied with the decision of the registering officer, he may, within ten days from the date of receipt of the communication of such decision appeal therefrom to the revising officer.
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(2) Every appeal under this section shall be in writing, shall state shortly the ground of appeal, and shall bear a stamp of five rupees.
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(3) The revising officer shall hear such appeal in open court or office, giving notice of the date of the hearing the appeal to the parties concerned. It shall be in his creation whether to hear or not to hear any evidence. His determination of the appeal shall be final.
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(4) When the revising officer has determined the appeals which have been lodged with respect to any register, he shall forward to the registering officer a statement under his hand containing the names which he has decided shall be entered or retained in the register and those which he has decided shall be expunged from the register, and the registering officer shall amend the register accordingly.
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(5) If an appeal is allowed, the sum of five rupees paid under subsection (2) shall be refunded to the appellant.
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Penalty for false statements and wrongful claims.
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16.
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(1) Every person who wilfully makes a false statement or declaration in any claim or objection or at any inquiry held in connection therewith or in any appeal shall, on conviction before a Magistrate, be liable to a fine not exceeding one hundred rupees.
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(2) A registering officer or revising officer may, an the consideration or hearing of any application, claim, objection, or appeal require that the evidence tendered by any person shall be given on affirmation or oath and may administer such affirmation or oath for that purpose ; and every person who in the course of any such consideration or hearing knowingly affirms or swears anything material to the validity of such application, claim, objection or appeal which is false shall be guilty of the offence of giving false evidence and shall be liable to the punishment provided therefor in the Penal Code.
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Registering officer to substitute correct qualifying address for incorrect.
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17.Where a registering officer is satisfied at any inquiry under subsection (9) of section 14 –
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(a) that a person’s name appears in a register under an incorrect qualifying address, he may substitute in the entry relating to that person in such register, for such address, the correct qualifying address as may be determined by him; or
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(b) that the correct qualifying address of a person whose name is to be entered in a register is not the address specified in the claim made by him or on his behalf, such officer may enter such person’s name in that register under such other address as may be determined by such officer to be the correct qualifying address of such person.
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Registering officer to Certify the register.
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18.
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(1) The registering officer of each electoral district shall certify the register for that electoral district as soon as conveniently may be after the claims and objections have been adjudicated upon:
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Provided that the registering officer may certify any register in accordance with this section during the pendency of any appeal under section 15 and shall thereafter enter in, or expunge from, such certified register, the name of any person in accordance with the decision of the revising officer on the determination of such appeal.
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(2) Nothing in this Act shall be deemed to prohibit the registering officer before certifying any register from correcting any clerical error which appears to him to have been made therein.
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(3) Application may be made to the registering officer of any electoral district before the certification of the register for that district for the correction of an, existing entry relating to the applicant in that register, and, where such application is made, the registering officer shall, if he is satisfied after such inquiry as he deems fit that the entry relates to the applicant and is erroneous or defective in any particular, cause the necessary amendment in the entry to be made.
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Notices by registering and revising officers and adjournments.
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19.
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(1) All notices required to be given by a registering officer or a revising officer shall be sufficiently given if sent by registered letter post to the address, if any, given in the claim or objection, or in default of such address, to the address given in the register.
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(2) A registering officer or revising officer may from time to time adjourn any proceedings before him under this Act to any convenient time and place.
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Notice of certification of register and commencement and period of operation.
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20.
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(1) On the certification of any register under section 18, the registering officer shall give notice in the Gazette and in at least one newspaper in each of the National Languages that the register has been certified and that such register, or a copy thereof, is open for inspection at all reasonable hours of the day at the office of the registering officer, or at such other place in the district as may be specified in the notice,
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(2) The certified register for any electoral district shall come in to operation on the date of the publication in the Gazette of the notice aforesaid, and subject to such alterations, if any, as may subsequently be made therein in accordance with section 15 (4) or section 18, such register shall continue to be in operation until superseded by the coming into operation of the next certified register.
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PART VGENERAL
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Compilation and language of register.
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21.
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(1) A register for any electoral district required to be prepared or reversed under this Act may be compiled maintained, where necessary, in such number of parts as may be convenient. The total number of such parts taken together, shall be deemed to be the register for such electoral district,
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(2) A register for any electoral district required to be prepared or revised under this Act shall be compiled and maintained, subject to the provisions of subsection (1), separately in each of the National Languages.
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Entering of name deleted from register.
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22. Where any person whose name is deleted from any register as he is subject to the incapacity of being registered. as an elector by reason of any of the provisions of paragraphs (e), (f), (g), (h) (i) and (j) of Article 89 of the Constitution, ceases to be subject to that incapacity, then, if he makes a written application to the registering officer of any electoral district to have his name entered in the register for that electoral district and such registering officer is satisfied that such person is not disqualified to have his name entered in such register, the name of such person shall be entered in such register. The entry of such name in such register shall have effect notwithstanding that at the time of such entry the preparation, revision or certification of such register under this Act may have been completed.
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Registering officer to furnish Commissioner with certain particulars.
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23.
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(1) Every registering officer shall, as soon as may be after a register has been certified by him under section 10 or section 18, furnish: to the Commissioner in such form as the Commissioner may determine in that behalf a statement setting out the total number of electors whose names appear in such register.
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(2) Where any name is entered in any register under section 15 or section 22, or where any name is expunged from such register under section 15, the registering officer shall forthwith furnish to the Commissioner in such form as may be determined by the Commissioner in that behalf, an amended statement of the total number of electors whose names appear in such register.
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Powers and duties of the Commissioner.
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24. The Commissioner shall –
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(a)exercise general direction and supervision over the administrative conduct of the registration of electors;
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(b)have power to issue to Deputy and Assistant Commissioners of Elections, registering officers and other officers appointed for the purposes of preparing or revising registers, such directions as he may deem necessary to ensure effective execution of the provisions of this Act;
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(c)execute and perform all other powers and duties which are conferred or imposed upon him by this Act.
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Inaccurate description of persons or places.
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25. No misnomer or inaccurate description of any person or place named or described in any register, list, notice or other document whatsoever prepared or Issued under or for the purposes of this Act shall in any wise affect the operation of this Act or the validity of such register, list, notice or other document as respects that person or place if that person or place is so designated in such register, at notice or document as to be identifiable.
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Publication of notices registers and other documents.
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26.
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(1) Where any notice, register or other document is required by this Act to be published and, in the opinion of the authority who is required to publish such notice, register or other document, the mode of publication does not give sufficient publicity to such notice, register or other document he may, in addition to publishing such notice, register or other document as required by this Act, exhibit or make available for inspection copies of such notice, register or other document in conspicuous places within the electoral district to which such notice, register or other document relates or take such other steps as he may deem necessary.
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(2) Every person who, without lawful authority, destroys, mutilates, defaces or removes any notice, register or other document which is exhibited or made available for Inspection in accordance with this Act, or fails to exhibit or make available for inspection under this Act any notice. other document, or copies thereof, shall be guilty of an offence and shall, on conviction before a Magistrate, to a fine not exceeding fifty rupees.
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Repeals and transitional Provisions.
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27.
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(1) Part II and Part III of the Ceylon (Parliamentary Elections) Order in Council, 1946, are nearby repealed.
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(2) Notwithstanding the provisions of subsection (1), any register of electors revised under the said Order in Council and in operation on the date immediately prior to the date of coming into operation of this Act shall continue to be in operation until the registers of electors prepared and certified under this Act shall come into operation.
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(3) Where the first General Election is to be held in the circumstances referred to in Article 162 of the Constitution, the register to be used in respect of each electoral district referred to in that Article shall be prepared on the basis of the registers of electors in operation under the said Order in Council on the date immediately prior to the date of the dissolution of the first Parliament.
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Savings.
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28.
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(1) Where the revision of a register has commenced under section 16 of the Ceylon (Parliamentary Elections) Order in Council, 1946, and has not been concluded on the date of the publication of the Proclamation under Article 97 of the Constitution, such revision shall, upon the publication of such Proclamation, be continued and concluded in accordance with the provisions of this Act, as if such revision were a revision of a register prepared under Part III of this Act, and accordingly any step taken in respect of such revision under the aforesaid Order in Council shall, for all purposes, be deemed to be a step taken under this Act.
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(2) Every reference in any document relating to the revision of a register in respect of any electoral district in existence before ;he publication of the Proclamation under Article 97 of the Constitution, shall, upon such publication, be read and construed as a reference to the appropriate electoral district specified in such Proclamation within which the electoral district in existence before the publication of such Proclamation has been included.
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Interpretation.
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29.In this Act, unless the context otherwise requires ” Commissioner of Elections
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” means the Commissioner of Elections appointed under Article 103 of the Constitution of the Democratic Socialist Republic of Sri Lanka ;
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” elector ” means a person who is entitled to be registered as an elector under this Act;
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“electoral district” means an electoral district specified in a Proclamation made under Article 97 of the Constitution;
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” local authority ” means any Municipal Council, Urban Council, Town Council or Village Council and includes any Authority created and established by or under any law to exercise, perform and discharge powers, duties and functions corresponding to or similar to the powers, duties and functions exercised, performed and discharged by any such Council;
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” public corporation” means any corporation, board or other body which was or is established by or under any written law other than the Companies Ordinance, with funds or capital wholly or partly pro-vided by the Government by way of grant, loan or otherwise;
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“register of electors” means the register of electors for any electoral district; and
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“revising officer” means
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(a) in relation to a claimant, the District Judge of the District Court within the jurisdiction of which such claimant resides ;
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(b) in relation to an objector, the District Judge of the District Court within the jurisdiction of which the person against whom an objection is made resides.
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