173. Section 54 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 refusal or wilful neglect to perform the duties imposed by this Ordinance; or |
| (c) misconduct in the performance of those duties; or |
| (d) persistent disobedience to or disregard of the directions, instructions or recommendations of the Minister, or |
| (e) abuse of the powers conferred by this Ordinance, |
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| (2) by the repeal of subsection (2) of that section and the substitution therefor of the following new subsection: -
| | "(2) 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."; and | | |
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| (3) by the insertion immediately after subsection (2) of that section of the following new subsection:-
| | "(2A)
| | | (a) When the Minister appoints a retired judicial officer under subsection (2) to inquire into any matter, the Minister may, as the circumstances of each case may require, by Order published in the Gazette-
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| (b) Upon the receipt of the report of the person appointed under subsection (2) the Minister may make an Order under subsection (1) or revoke the Order made under paragraph (a) of this subsection.". |
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Sri Lanka Consolidated Acts