185.
| (1) If any time the Minister is satisfied that there is sufficient proof of-
| | (a) incompetence and mismanagement, or | | |
| | (b) persistent refusal or willful neglect to perform the duties imposed by this Act, 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 the Commissioner, or | | |
| | (e) abuse of the powers conferred by this Act on the part of the Chairman of a Pradeshiya Sabha or any of the members of the Pradeshiya Sabha, | | |
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| (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 UP/)l1 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. |
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| (3)
| | (a) When the Minister appoints 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
| | | (i) suspend 'the Chairman from office and direct the Vice Chairman or, where the office of the Vice-Chairman is vacant or where the Vice-Chairman has been suspended, the Assistant Commissioner of the region, to exercise the powers and perform the duties of the Chairman; or |
| (ii) suspend any of the members from office: or |
| (iii) suspend the Pradeshiya Sabha and direct the Assistant Commissioner of the region to exercise the powers and perform the duties of that Pradeshiya Sabha and its Chairman. |
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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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| (4) Where the Minister removes any member of a Pradeshiya Sabha from office by Order under subsection (1), the member appointed in place of such member who is removed, shall hold office for the unexpired period or portion of the term of office of his predecessor. |
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| (5) Where the Minister dissolves a Pradeshiya Sabha by Order under subsection (1), he may by the same or any subsequent Order
| | (a) appoint for a stated period, or from time to time, a Special Commissioner or Commissioners to administer the affairs of the Pradeshiya Sabha and, for that purpose and subject to such conditions, or limitations as may be specified in the Order, to exercise the powers and perform the duties of a Pradeshiya Sabha under this Act, and | | |
| | (b) give such directions as may be necessary' for constituting for that Pradeshiya Sabha area. a new Pradeshiya Sabha consisting of a larger or a smaller number of members, as to him may seem expedient. | | |
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| (6) Where the Minister appoints any Special Commissioner or Commissioners under subsection (5), all the property and the rights under contracts and all the powers vested in the Pradeshiya Sabha shall be deemed to be vested in such Special Commissioner or Commissioners, and an the liabilities and duties of the Pradeshiya Sabha shall be transferred to and shall be discharged by such Special Commissioner or Commissioners until the end of the period stated in the Order or until the Minister otherwise directs. |
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| (7) Where upon the termination of the administration of the affairs of a Pradeshiya Sabha by a special Commissioner or Commissioners, a new Pradeshiya Sabha is constituted for that Pradeshiya Sabha & area, the new Pradeshiya Sabha shall be the successor of the Special Commissioner or Commissioners, as the case may be. |
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Sri Lanka Consolidated Acts