Act of Parliament · As enacted
Local Authorities Elections (Amendment) Act 2017
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Local Authorities
Elections (Amendment) Act, No. 16 of 2017.
s 2Amendment of section 3C of chapter 262
Section 3C of the Local Authorities Elections
Ordinance (Chapter 262) (hereinafter referred to as the
“principal enactment”) is hereby amended in subsection (2)
of that section by the omission of the words, “alphabetical letter in English” and “or the alphabetical letter”, appearing in that section.
s 3Amendment of section 3D of the principal enactment
Section 3D of the principal enactment is hereby amended in subsection (2) of that section by the substitution for the words, “new boundaries, names, numbers or letters of each ward” of the words, “new boundaries, names and numbers of each ward”.
s 4Amendment of section 9 of the principal enactment
Section 9 of the principal enactment is amended in subsection (1) by the addition of the following new sub-paragraph after sub-paragraph (iv) of paragraph (d):—
“(iva) a public officer who is engaged in field based activities who has not ceased to serve within a
Local Authority area in which he seeks nomination at least one year prior to the election to such Local Authority.
For the purpose of this subparagraph “a public officer who is engaged in field based activities”
2—H 050110—500 (09/2017)
shall include any person who is engaged in any development, welfare, economic, social, health or such other activities within the scope of his employment.”.
s 5Amendment of section 12 of the principal enactment
Section 12 of the principal enactment is hereby amended as follows:—
in paragraph (ii) of the last proviso to subsection (1) of that section, by the substitution for the words,
“by a name and an alphabetical letter in English.”, of the words, “by a name and a number.”;
in subsection (2) of that section –
by the substitution for the words, “polling districts” and “Polling district” wherever those words appear in that subsection, of the words, respectively as “polling districts”
and “polling district”; and
by the substitution in paragraph (c) for the word, “district”, of the words, “polling district”;
by the substitution in subsection (2A) of that section, for the words, “each polling district” of the words, “each polling district”; and
by the substitution in subsection (2B) of that section, for the words, “division of a polling area into polling districts” of the words, “division of a polling area into polling districts”.
s 6Amendment of section 26 of the principal enactment
Section 26 of the principal enactment is hereby amended by the substitution for the words, “which the approved symbols shall be allotted and in respect of a local authority area.” of the words, “which the approved symbols and where there are more than one independent group, a distinguishing number shall be allotted.”.
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s 7Replacement of section 27F of the principal enactment
Section 27F of the principal enactment is hereby repealed and the following section is substituted therefor:—
27F. (1) Notwithstanding any provision to the contrary in this Ordinance, not less than twenty five per centum of the total number of members in each local authority shall be women members:
provided that, where the number constituting twenty five per centum of the total number of members in a local authority in an integer and fraction, the integer shall be deemed to be the number which shall constitute twenty five per centum for the purpose of this section.
The Commissioner of Elections shall by notice published in the gazette, specify the number of women candidates to be nominated in respect of each local authority.”.
s 8Amendment of section 28 of the principal enactment
Section 28 of the principal enactment is hereby amended as follows:-
by the substitution in subsection (1) of that section, for the words, “Any person who is qualified under section 8 of this Ordinance” of the words, “Any person who is qualified under section 8 of this
Ordinance”;
in subsection (2) of that section by the repeal of the words commencing from “Any recognized political party” and ending with the words “setting out the names:–”, and the substitution therefor of the following:—
“Any recognized political party or independent group shall, for the purpose of election as members
“Total number of women members.
of any local authority, submit two nomination papers in respect of all wards of such local authority.
The nomination papers submitted by every recognized political party or independent group in respect of all wards of any local authority shall consist of the number of candidates of whom not less than ten per centum of the total number of members to be elected and returned in the first nomination paper, and not less than fifty per centum of the total number of candidates in the additional nomination paper shall be women candidates for the purpose of election as members of such local authority, substantially in the Forms set out in the
First Schedule, setting out the names–”;
by the repeal of paragraph (a) of subsection (2) and the substitution therefor of the following:—
“(a) of candidates being nominated in respect of each ward of that local authority which number shall be equivalent to sixty per centum of the total number of members of that local authority:
Provided that where the number constituting sixty per centum referred to in this paragraph is an integer and fraction, the integer shall be deemed to be the number which shall constitute sixty per centum, for the purpose of this paragraph.”;
in paragraph (b) of subsection (2) by the repeal of the words starting from “persons as is equivalent to thirty per centum of the total number of persons”
and ending with the words “shall be appointed:”, of the words “persons to be nominated as candidates to be retuned as is equivalent to forty per centum of the total number of members of the local authority plus three additional persons:”;
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in the proviso to paragraph (b) of subsection (2) by the substitution for the words “thirty per centum”
of the words “forty per centum”
by the repeal of subsection (2A) of that section and the substitution therefor of the following:—
“(2A) The Commissioner shall by notice published in the gazette, specify the minimum number of women candidates as specified in subsection (2) to be nominated in the First
Nomination Paper and the Additional Nomination
Paper in respect of all wards of each Local
Authority.Where the total number of women candidates to be nominated is such that not less than ten per centum of the total number of members to be elected and returned in the First Nomination
Paper and not less than fifty per centum of the number of candidates in the Additional Nomination
Paper would be an integer and fraction, the integer shall be deemed to be the number required for the purposes of this section.”;
in subsection (2B) of that section, by deleting the words, “The nomination paper shall be prepared in duplicate, with the word “copy” being written clearly on the duplicate copy.”;
in subsection (2D) of that section by the substitution for the words, “twenty five per centum of the total number of candidates and additional persons whose names appear in each nomination paper submitted under subsection (2) of this section, may consist of women and youth.” of the words, “not less than thirty per centum of the total number of candidates and additional persons whose names appear in each nomination paper submitted under subsection (2)
of this section, may consist of youth.”; and
by the substitution in the subsection (2E) of that section-
for the words, “twenty-five per centum”
wherever those words appear in that subsection, of the words, “thirty per centum”;
and
for the words and figure, “subsection (2B) is an integer”, of the words and figure,
“subsection (2D) is an integer”.
s 9Amendment of section 29 of the principal enactment
Section 29 of the principal enactment is hereby amended in subsection (1) of that section as follows:-
by the substitution in paragraph (a) of that subsection, for the words, “and in any case not later than twelve noon on the day immediately preceding the end of the nomination period, deposit”, of the words, “(and in any case not later than twelve noon on the day immediately preceding the end of the nomination period), deposit”;
by the substitution in sub-paragraph (i) of paragraph (a) of that subsection, for the words, “five thousand rupees in respect of each candidate”, of the words,
“one thousand five hundred rupees in respect of each candidate”;
by the substitution in sub-paragraph (ii) of paragraph (a) of that subsection, for the words,
“twenty thousand rupees in respect of each candidate”, of the words, “five thousand rupees in respect of each candidate”; and
Local Authorities Elections
by the substitution in sub-paragraph (ii) of paragraph (b) of that subsection, for the words, “leader of the independent group” of the words, “leader of the independent group or his authorized agent.”.
s 10Amendment of section 30 of the principal enactment
Section 30 of the principal enactment is hereby amended in subsection (4) of that section, as follows:—
by the substitution for the words, “in the ward”, of the words, “in the ward”; and
by the substitution in the proviso to that subsection for the words, “in such local authority area” of the words, “in such local authority area”.
s 11Amendment of section 31 of the principal enactment
Section 31 of the principal enactment is hereby amended as follows:—
in paragraph (e) of subsection (1) by the substitution for the words “subsection (5) of section 28.” of the words “subsection (5) of section 28; or”;
by the addition immediately after paragraph (e)
of that subsection of the following new paragraph:—
“(f)
that does not contain the total number of women candidates as required to be nominated under subsection (2A) of section 28 of this Ordinance.”.
s 12Amendment of section 38 of the principal enactment
Section 38 of the principal enactment is hereby amended in paragraph (b) of subsection (1) thereof by the substitution for the words “a single list containing the names”, of the words, “the nomination papers containing the names”.
s 13Amendment of section 39 of the principal enactment
Section 39 of the principal enactment is hereby amended in subsection (2) of that section, by the repeal of the words, “or person whose name appears in the second place in the nomination paper submitted by such recognized political party or independent group.”.
s 14Amendment of section 39A of the principal enactment
Section 39A of the principal enactment is hereby amended as follows:-
in subsection (1) of that section, by the substitution for the words, “in the electoral list of any ward of that area” of the words, “in the electoral list of any ward of that area”;
by the repeal of the paragraph (c) of subsection (1)
of that section and the substitution therefor of the following paragraph:-
“(c) the name and the number of the ward;”.
s 15Amendment of section 40 of the principal enactment
Section 40 of the principal enactment is hereby amended in paragraph (a) of subsection (1) of that section, by the substitution for the words, “polling district;”, of the words, “polling district;”.
s 16Amendment of section 43 of the principal enactment
Section 43 of the principal enactment is hereby amended, by the substitution for the words, “any ward” and
“for that ward” of the words, “any ward” and “for the ward”, respectively.
s 17Amendment of section 44 of the principal enactment
Section 44 of the principal enactment is hereby amended in paragraph (d) of that section by the substitution for the words, “for that ward”, of the words, “for that ward”.
s 18Amendment of section 45 of the principal enactment
Section 45 of the principal enactment is hereby amended in paragraph (b) of subsection (1) of that section, by the substitution for the words, “in alphabetical order in
Sinhala and the approved symbol allotted to each such party or group.” of the words, “the approved symbol allotted to
Local Authorities Elections each such party or group and where there are more than one independent group the distinguishing number allotted to each such group as indicated in the nomination paper”.
s 19Amendment of section 47 of the principal enactment
Section 47 of the principal enactment is hereby amended by the repeal of paragraph (a) of that section, and the substitution therefor of the following paragraph:-
“(a)
shall contain the names of the recognized political parties contesting at the election, in Sinhala, Tamil and English arranged in the Sinhala alphabetical order and with the symbol allotted to each such party set out against the name of each such party, and immediately thereafter, if there are any independent groups contesting at such election, the words, “Independent Group” repeated for each such group and the distinguishing number in the serial order and the symbol allotted to each such group set out against the distinguishing number of such group and a blank cage against each symbol for a voter to cast his vote. A voter shall cast his vote within the cage provided therefor.”.
s 20Amendment of section 59A of the principal enactment
Section 59A of the principal enactment is hereby amended as follows:-
in subsection (1) of that section by the substitution for the words, “The counting of votes in each polling station shall take place” of the words
“Where there are more than one polling stations for counting votes, in each division, the counting of votes in each such polling station shall take place as decided by the relevant returning officer.”;
in subsection (2) of that section, by the substitution for the words “function as the counting staff.” of the words, “function as the counting staff. However, where the returning officer is of the opinion that the counting staff or an officer of such staff of that station is incapable of performing the duties entrusted to such staff or such officer, or is not suitable for the performance of the duties as a counting staff or as an officer of such staff, the returning officer may, appoint another counting staff in place of such counting staff or another officer in the place of such officer of that staff, as the case may be.”; and
in subsection (4) of that section, by the repeal of all the words from, “the Commissioner of Elections”
to the end of that subsection, and substitution therefor of the following:-
“or if the returning officer is of the opinion that the counting officer appointed to any polling station is incapable of performing the duties entrusted to him or is not suitable for the performance of the duties as a counting officer, the returning officer may appoint any other senior presiding officer or an assistant returning officer as a counting officer in place of the first mentioned officer.”.
s 21Amendment of section 59B of the principal enactment
Section 59B of the principal enactment is hereby amended as follows:-
by the substitution, in subsection (1) of that section, for the words, “he shall inform the assistant returning officer appointed by the returning officer to supervise the polling in the ward in which such polling station is situated, of such fact and such assistant returning officer shall”, of the words, “he shall inform the returning officer through the assistant returning officer who supervises the polling in the ward in which such polling station is situated, of such fact and such returning officer shall”;
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by the substitution, in subsection (2) of that section, for the words, “shall be notified by the assistant returning officer, to the counting agents”, of the words, “shall be notified by the assistant returning officer to the returning officer and thereafter to the counting agents”; and
by the substitution, in subsection (3) of that section, for the words, “The counting of votes at the new venue as determined by the assistant returning officer”, of the words, “After the returning officer being notified of the new venue, the counting of votes at the new venue as determined by the supervising assistant returning officer”.
s 22Amendment of section 61 of the principal enactment
Section 61 of the principal enactment is hereby amended by the substitution, in subsection (3) of that section, for the word, “ward”, of the word, “ward”.
s 23Amendment of section 64 of the principal enactment
Section 64 of the principal enactment is hereby amended by the substitution, in subsection (2) of that section, for the words, “the ward”, of the words, “the ward”.
s 24Amendment of section 65 of the principal enactment
Section 65 of the principal enactment is hereby amended by the substitution, in subsection (1) of that section, for the words and figure, “referred to in section 64,” of the words and figure, “referred to in section 64 and the declaration under regulation 28(c) of the Ninth Schedule hereto,”.
s 25Replacement of section 65AA of the principal enactment
Section 65AA is hereby repealed and the following section is substituted therefor:—
65AA. (1) Where the number of members elected from any recognized political party or independent group for a Local Authority results in an overhang and thereby exceeds the number ascertained to be elected and returned as members under sub section (3) of section
“Apportionment of women members.
65(3), and such number of members so elected do not include any women members, then the provisions of subsections (3) and (4) of this section shall not apply to such recognized political party or independent group.
Where any recognized political party or independent group has received less than twenty per centum of the total number of votes polled in a local authority area, and has less than three members elected or returned, then the provisions of subsections (3) and (4) of this section shall not apply to such recognized political party or independent group.
The apportionment of women members to be elected and returned to each local authority from the recognized political parties and independent groups other than the political parties and the independent groups referred to in subsection (2) of this section, shall be determined by the Commissioner of Elections, taking into consideration the number of valid votes polled by the other recognized political parties and independent groups in all wards of such local authority, and the method of apportionment set out in Article 99A of the
Constitution of the Democratic Socialist
Republic of Sri Lanka shall mutatis mutandis apply thereto.
Where the number of women members elected for all wards of any local authority area from any recognized political party or independent group other than the recognized political party or independent group referred to in subsection (1) or (2) of this section, is less than the number apportioned in terms of subsection (3) of this section, then the shortfall
Local Authorities Elections in the number of members shall be returned from among the women candidates in the first nomination paper or the additional nomination paper other than the women candidates who have been elected or are disqualified to be a member under section 9.”.
s 26Amendment of section 65B of the principal enactment
Section 65B of the principal enactment is hereby amended as follows:—
by the repeal of subsections (2), (3), (4) and (5)
and substitution therefor of the following subsection:—
“(2) The total number of valid votes received by all the candidates of each recognized political party and independent group in a local authority area shall be divided by the total number of members to be elected and returned to the Local
Authority Area. The number resulting from such division (any fraction not being taken into account) shall hereinafter in this section be referred to as “the qualifying number”;
(i)
by the renumbering of subsection (6) as subsection (3);
in the renumbered subsection (3) by the substitution for the words “the balance candidates of each recognized political party and independent group, shall then be divided by the qualifying number, in order to ascertain the number of persons entitled to be returned as members of that local authority in terms of subsection (1)
by such recognized political party or independent group, as the case may be.”, of the words “the candidates of each recognized political party and independent group in the respective local authority area shall then be divided by the qualifying number, in order to ascertain the number of persons entitled to be elected and returned as members of that local authority.”;
by the insertion of the following sub section after sub section (3):—
“(4) Upon ascertaining the number of candidates entitled to be elected and returned as members of that local authority by each recognized political party or independent group, as the case may be, in terms of subsection (3), if it is found that the number of members elected from such recognized political party or independent group for that local authority—
exceeds the number ascertained to be elected and returned as members under subsection (3), then such overhang shall be determined by the Commissioner of
Elections; or
falls short of the number ascertained to be elected and returned as members under subsection (3), then such additional number of members, shall be returned by the respective secretary of the recognized political party or leader of the independent group from the candidates of the First Nomination
Paper or the Additional Nomination
Paper other than the candidates who have been elected or are not disqualified to be a member under section 9.”;
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(i)
by the renumbering of subsection (7) as subsection (5) of that section;
in the renumbered subsection (5)—
by the substitution for the words and figure “specified in subsection (5)”, of the words and figure “specified in subsection (3)”;
by the substitution for the words and figure “determined under subsection (3)”, of the words and figure
“determined under subsection (4)”;
by the substitution for the words and figure “ascertained under subsection (6)”, of the words and figure
“ascertained under subsection (3)”;
(i)
by the renumbering of subsections (8) and (9) respectively as subsections (6) and (7) of that section;
in the renumbered subsection (6) by the substitution for the words and figure “to return a member as ascertained under subsection (5), of the number of members that such recognized political party or independent group, as the case may be, is entitled to return and request such secretary or leader, as the case may be, to nominate from among the persons, whose names were included in the nomination paper” of the following:—
“to return such number of members as ascertained under subsection (3) of this section and subsection (3) of section 65AA, of the number of members including women members that such recognized political party or independent group, as the case may be, is entitled to be elected and returned from the candidates of the First Nomination Paper or the Additional Nomination Paper other than the candidates who have been elected or are not disqualified to be a member under section 9.”;
by the repeal of the marginal note to that section and the substitution therefor of the following:—
“Candidates entitled to be elected or returned.”.
s 27Amendment of section 66A of the principal enactment
Section 66A of the principal enactment is hereby amended—
in paragraph (a) of subsection (1) by the substitution for the words “any other person who is qualified under section 8 of this Ordinance to be elected”, of the words “any other candidate of the First
Nomination Paper or the Additional Nomination
Paper other than the candidates who have been elected or are not disqualified to be a member under section 9;”;
in paragraph (b) of subsection (1)—
by the substitution for the words “a person to fill such vacancy from among those persons nominated by such recognized political party or independent group under”, of the words “a candidate to fill such vacancy from candidates of the First Nomination Paper or the
Additional Nomination Paper other than the candidates who have been elected or are not disqualified to be a member under section 9
in terms of; and
by the substitution for the words, “Municipal
Councils Ordinance (Chapter 252) or paragraph (b) of subsection (1) of section 5 of the Urban Councils Ordinance (Chapter 255)”, of the words, “Municipal Councils
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Ordinance (Chapter 252) or paragraph (b) of subsection (1) of section 5 of the Urban
Councils Ordinance (Chapter 255)”; and
by the repeal of the words starting from “as the case may be, and where no person remains to be so nominated” to the words “Ordinance to fill such vacancy.” and the substitution therefor of the following:—
“as the case may be:
Provided that, where a vacancy occurs in the case of a woman member of a Local
Authority, then such vacancy shall be filled only by the nomination of a woman candidate form the First Nomination Paper or the
Additional Nomination Paper other than the women candidates who have been elected or are not disqualified to be a member under section 9.”;
by the repeal of paragraph (c) of subsection (1) of that section;
by the insertion immediately after paragraph (b) of subsection (1) of that section of the following subsection:—
“(1A)
Where no person remains to be nominated to fill a vacancy referred to in subsection (1)
from the candidates of the First Nomination
Paper and the Additional Nomination Paper, the returning officer appointed for the electoral area in which such Local Authority is situated shall request within thirty days of the occurrence of the vacancy, the secretary to the recognized political party or the leader of the independent group to which the member whose vacancy occurred belonged, to nominate within thirty days from such request, any other person who is qualified under section 8 of this Ordinance to fill that vacancy in the ward in which the vacancy has occurred:
Provided that, where a vacancy occurs in the case of a woman member of a local authority, then such vacancy shall be filled only by the nomination of any other woman who is qualified under section 8 of this ordinance.”.
s 28Amendment of section 66B of the principal enactment
Section 66B of the principal enactment is hereby amended as follows:-
by the substitution, in subsection (2) of that section–
for the words, “falls vacant during the term of office of such local authority, the
Commissioner shall,”, of the words, “falls vacant during the term of office of such local authority, the Commissioner of Local
Government shall inform such fact to the returning officer in writing and the returning officer shall,”; and
for the words, “within thirty days, to the
Commissioner. Upon receipt of such determination, the Commissioner shall” of the words, “within thirty days to the returning officer. Upon receipt of such determination, the returning officer shall”;
by the substitution, in subsection (3) of that section for the words, “the Commissioner shall proceed to appoint as the new Mayor” of the words, “the returning officer shall proceed to appoint as the new Mayor”; and
by the substitution, in subsection (4) of that section, for the words, “such vacancy is filled in accordance with the procedure specified in that subsection, and the member so appointed to fill such vacancy himself resigns thereafter from his office as Mayor under the sections referred to above, the vacancy so created shall not be filled following the procedure specified in subsection (2) of this section.” of the
Local Authorities Elections words, “such vacancy in the office of Mayor is filled in terms of the procedure specified in this
Ordinance, and the member so appointed to fill such vacancy himself resigns from his office, the vacancy so created thereafter shall not be filled in terms of the procedure specified in this Ordinance.”.
s 29Amendment of section 72A of the principal enactment
Section 72A of the principal enactment is hereby amended by the substitution, in paragraph (b) of subsection (1) of that section, for the word, “opening”, of the word,
“commencing”.
s 30Amendment of section 81B of the principal enactment
Section 81B of the principal enactment is hereby amended by the repeal of paragraph (a) of subsection (1A) of that section and the substitution therefor of the following paragraph:-
“(a)
no appointments in any public institution which may have the effect of influencing the voters to vote in favour of any recognized political party or any independent group shall be made;
notwithstanding anything in subparagraph (i)
above an appointment in such institution may be made for the purpose of carrying out essential services as are urgent, the postponement of which will affect the normal life of the public or cause severe hazards or harm to the public; and”.