90. With effect from such date as may be determined by the President by Order published in the Gazette, in the Area of Authority of the Greater Colombo Economic Commission (hereinafter referred to as the " Commission ") other than in any area excluded from the operation of this section by the President from time to time by Order published in the Gazette, the following provisions shall have effect
| (a) the provisions of sections 21 and 22 of the Greater Colombo Economic Commission Law, No. 4 of 1978, shall not apply ; |
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| (b)
| | (i) in place of every Municipal Council or Urban Council deemed to have been dissolved by virtue of the operation of section 22 of the aforesaid Law, there shall be a Municipal Council or Urban Council, as the case may be, corresponding to such Municipal Council or Urban Council and accordingly the provisions of the Municipal Councils Ordinance or the Urban Council Ordinance shall apply to such Councils ; | | |
| | (ii) where any part of the Area of Authority of the Commission comprised a part of a Municipality or Urban area not deemed to have been dissolved by virtue of the operation of section 22 of the aforesaid Law, such part of the Area of Authority of the Commission shall be deemed to form part of the Municipality or the Urban area to which it belonged on the day immediately prior to the date of the coming into operation of the aforesaid Law ; | | |
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| (c) the Development Council constituted for every administrative district within the Area of the Authority of the Commission shall exercise, perform and discharge -
| | (i) in any area which was a town prior to the coming into operation of section 22 of the aforesaid Law, the powers, duties and functions of a Town Council; and | | |
| | (ii) in any area which was a village area prior to coming into operation of section 22 of the aforesaid Law, the powers, duties and functions of a Village Council; | | |
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| (d) notwithstanding anything contrary in any written law, in respect of every Municipal Council or Urban Council referred to in paragraph (b), the Minister may by Order published in the Gazette appoint a Special Commissioner to administer the affairs of such Municipal Council or Urban Council until the Minister is satisfied that a general election in accordance with the provisions of any written law for the time being applicable in that behalf? shall be held for the purpose of electing the members of such Municipal Council or Urban Council,. as the case may be ; |
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| (e) every Municipal Council and Urban Council referred to in paragraph (b) shall be the successor of the Commission in relation to the Municipality or the Urban area situated within the Area of Authority of the Commission ; |
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| (f) all by-laws referred to in subsection (3) of section 22 of the aforesaid Law, and which were in force in any area on the date immediately prior to the date to be determined under this section shall continue to be in force in the areas to which they relate and shall be deemed to be the by-laws made by the Municipal Council, Urban Council or Development Council, as the case may be, of that area ; |
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| (g)
| | (i) every employee of the Commission who was a member of the Local Government Service on the day immediately preceding the date to be deter mined under this section shall continue to be a member of such service ; | | |
| | (ii) every employee of the Commission who was not a member of the Local Government Service and who became an employee of such Commission by virtue of the operation of section 22 of the aforesaid Law and who was an employee of such Commission on the day immediately preceding the date to be determined under this section, shall be deemed to be an employee of the Municipal Council or Urban Council, as the case may be, constituted in place of the Municipal Councils or Urban Councils dissolved under section 22 of the aforesaid Law: Provided that where they were employees of a Town Council or Village Council dissolved under the aforesaid Law, such employees shall be deemed to be employees of the Development Council, constituted for the area in which the town or village for which such Town Council or Village Council was constituted, is situated; | | |
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| (h) every employee of the Commission other than an employee referred to in paragraph (g) who was employed by the Commission in relation to the exercise, performance and discharge of its powers, functions and duties conferred by sections 21 and 22 of the aforesaid Law and who was so employed on the day immediately preceding the date to be determined under this section shall be deemed to be the employees of a Municipal Council or Urban Council referred to in paragraph (b) or a Development Council referred to in paragraph (c), as may be determined by the Minister. Such determination shall be final; |
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| (i) every employee referred to in paragraphs (g) and (h) shall be employed on terms and conditions not less favourable than those enjoyed by such employee on the day immediately preceding the date to be determined under this section ; |
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| (j)
| | (i) all the assets and liabilities of a Municipal Council or Urban Council vested in the Commission under section 22 of the aforesaid Law, shall be deemed to be the assets and liabilities of the Councils constituted in place of such dissolved Councils ; | | |
| | (ii) all the assets and liabilities of a Town Council or Village Council vested in the Commission under section 22 of the aforesaid Law, shall be deemed to be the assets and liabilities of the Development Council constituted in place of such Town Council or Village Council; | | |
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| (k) the provisions of sections 21 and 22 of the aforesaid Law shall, mutatis mutandis, apply to every area excluded from the operation of this section by the President. |
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Sri Lanka Consolidated Acts