Sri Lanka Consolidated Acts

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Local authorities elections (special provisions) Law (No. 24 of 1977) - Sect 134

Amendment of section 184 of the principal enactment

134. Section 184 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) persistent refusal to hold or attend meetings or to vote or to transact business at any meetings that may be held; or
(b) wilful neglect, or misconduct in the performance of the duties imposed by this Ordinance; or
(c) persistent disobedience to or disregard of the directions, instructions or recommendations of the Minister or of the Commissioner; or
(d) incompetence and mismanagement; or
(e) abuse of the powers conferred by this Ordinance,
(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 such officer 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." ; and
(3) by the repeal of subsection (3) of that section and the substitution therefor of the following subsection: -
" (3) Where the Minister removes the Chairman of an Urban Council from office by Order under subsection (1) the Chairman shall be deemed to vacate forthwith the office of member of the Council as well as the office of Chairman and the provisions of written law for the time being applicable in that behalf shall thereupon apply with regard to the filling of such vacancy.".


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