Sri Lanka Consolidated Acts

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Local Authorities Elections (Amendment) Act (No. 15 of 1965) - Sect 31

Insertion of new sections 84A to 84D in the principal enactment. [ 23, 15 of 1965.]

31. The following new sections are hereby inserted immediately after section 84, and shall have effect as sections 84A, 84B, 84C and 84D, of the principal enactment :-
84A.
(1) Any person, being the employer of any other person who is entitled to vote at any election under this Ordinance shall, upon application in writing in that behalf made by such other person, grant such other person, leave, without loss of pay, for such continuous period (not less than two hours in duration) as that person may deem sufficient to enable such other person to vote at that election.
(2) Any person who contravenes or fails to comply with the provisions of subsection (1) shall be guilty of an offence and shall, on conviction after summary trial 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.
84B. NO misnomer or inaccurate description of any person or place named or described in any electoral list, notice or other document whatsoever prepared or issued under or for the purposes of this Ordinance shall in any wise affect the operation of this Ordinance as respects that person or place if that person or place is so designated in such list, notice or document as to be identifiable.
84C.
(1) Where the Commissioner considers that any premises, other than any school referred to in section 70, are required for the purpose of being used as a polling station, he may requisition those premises for that purpose by order in writing addressed to and served on the person in actual possession of those premises, or where no person is in such actual possession, on the owner of such premises.
(2) Where any premises are requisitioned under subsection (1), the period of such requisition shall not extend beyond four weeks.
(3) In this section, " premises" means any land, building or part of a building and includes a hut, shed or structure or any part thereof.
84D.
(1) Where any premises are requisitioned under section 84c, the Commissioner shall pay, out of moneys provided for the purpose by Parliament, compensation for such requisition to the person who was in actual possession of those premises immediately before the requisition or where no person was in such actual possession, the owner of those premises, and shall make good any damage done to those premises during the period of the requisition.
(2) The amount of compensation payable under subsection (1) in respect of any premises shall be determined by taking into consideration-
(a) the rent payable in respect of those premises, or where no rent is so payable, the rent payable for similar premises in the locality, and
(b) if, in consequence of the requisition of those premises, the person who was in actual possession of those premises immediately before the requisition was compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change.
(3) Where any person entitled to compensation under this section is aggrieved by the decision of the Commissioner in regard to the amount of the compensation, that person may appeal in writing to the Minister from that decision. Upon such appeal being made, the Minister shall appoint an arbitrator and shall refer such appeal to him for determination; and the determination of the arbitrator on such appeal shall be final.


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