Sri Lanka Consolidated Acts

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Local authorities elections (special provisions) Law (No. 24 of 1977) - Sect 111

Amendment of section 277 of the principal enactment

111. Section 277 of the principal enactment is hereby amended as follows: -
(1) by the repeal of subsection (1) of that section and the substitution therefor of the following subsection: -
" (1) If at any time the Minister is satisfied that there is sufficient proof of-
(a) incompetence and mismanagement; or
(b) persistent default in the performance of the duties imposed by this Ordinance or any other written law; or
(c) persistent refusal or neglect to comply with any provisions of law; or
(d) abuse of the powers conferred by this Ordinance or any other written law; or
(e) persistent refusal to hold or attend meetings or to vote or to transact business at any meetings to be held,
(2) by the insertion immediately after subsection (1) of that section of the following new subsections :-
"(1A) The Minister shall, before making an Order under subsection (1), appoint for the purpose of satisfying himself in regard to any of the matters referred to in subsection (1), a retired judicial officer to inquire into and report upon such matter within a period of three months, and the person so appointed shall in relation to such inquiry have the powers of a commission of inquiry appointed under the Commissions of Inquiry Act.
(1B)
(a) When the Minister appoints a retired judicial officer under subsection (1A) to inquire into any matter the Minister may, as the circumstances of each case may require, by Order published in the Gazette-
(b) Upon the receipt of the report of the person appointed under subsection (1A), the Minister may make an Order under subsection (1) or revoke the Order made under paragraph (a) of this subsection.
(1c) Where the Minister removes the Mayor of a Municipal Council from office by Order-under subsection (1), the Mayor shall also cease to be a Councillor and the provisions of the Local Authorities Elections Ordinance shall thereupon apply with regard to the-filling of such vacancy.".


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