Act of Parliament · As enacted
Local Authorities Elections (Amendment) Act 2012
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
This Act may be cited as the Local Authorities
Elections (Amendment) Act, No. 22 of 2012.
The provisions of sections 3A, 3B, 3c, 3D and 3E of this
Act, shall come into operation on the date of commencement of this Act.
The provisions of all other sections of this Act, other than the section referred to in subsection (2) shall come into operation on such date as the Minister may appoint by Order published in the Gazette.
s 2Insertion of new part I to the Chapter 262
The following new Part is hereby inserted immediately after section 3 of the Local Authorities Elections
Ordinance (chapter 262) as last amended by Act, No. 14 of 2004 (hereinafter referred to as the “principal enactment”)
and shall have effect as Part I of that enactment :—
“PART I
ESTABLISHMENT OF A NATIONAL DELIMITATION COMMITTEE
3A. (1) The Minister shall, upon the coming into operation of this section, by Order published in the Gazette, establish a National
Delimitation Committee (in this Part referred to as the “National Committee”) which shall consist of five persons to be appointed by the
Minister, one of whom shall be nominated by him to be the Chairman of the National
Committee.
Establishment of a National
Delimitation
Committee.
In the event of any vacancy occurring in the membership of the National Committee during their term of office, the Minister shall appoint another person to fill in such vacancy.
The quorum, for any meeting of the
National Committee shall be three members and its Chairman shall preside at all meetings of such Committee. In the absence of the
Chairman from any meeting of the National
Committee, the members present at the meeting shall nominate a member from among themselves to preside at such meeting.
Subject to the provisions of subsection (3) of this section, the National Committee may regulate the procedure in regard to the conduct of its meetings and the transaction of business at such meetings.
3B.
of the National
The mandate of the National
Committee shall be to make recommendations to the Minister for the division of each local authority area into wards, taking into consideration the requirements set out in subsection (2) and to determine the boundaries of each ward and assign a name and a number to each such ward.
and the
The National Committee shall, in making its recommendation for the division of a local authority area into wards, take into consideration:—
the ratio of the ethnic composition of the local authority area concerned, and the need to ensure representation on the basis of ethnic ratio;
The mandate
Committee reports to be submitted.
the geographical area of the local authority and its physical features;
the population of the local authority area and the density of such population;
and
the level of ecnomic development of the local authority area.
Where the National Committee is of the view that having taken into consideration the requirements specified in subsection (2), it is appropriate to create a ward which shall be entitled to return more than one member, the
National Committee shall recommend the creation of a multi member ward or wards, as the case may be, for any local authority area.
The proceedings of the National
Committee shall be conducted in such manner as shall be prescribed.
The National Committee established under section 3A shall be required to fulfill its mandate by such date as shall be determined by the Minister and on the completion of such mandate, submit a report on its recommendations to the Minister.
3C.
all
Upon the receipt of the report on the recommendations of the National Committee, the Minister shall forthwith submit such report on the recommendation to the President.
letters of each ward
Upon the receipt of such report on the recommendations, the President shall by Order published in the Gazette, publish the number
Order to be published of boundaries, names and numbers or created for each local authority.
of wards, the boundaries, names, number alphabetical letter in English assigned to each ward so created on the recommendations made by the National Committee in respect of each local authority. Where the National Committee has recommended the creation of multi member wards, the name and the number or the alphabetical letter assigned to each such multi member ward, the name of the respective local authority and the total number of members to be elected to each such multi member ward, shall also be so specified.
3D.
alter the
The Minister may cause an alteration to be made to the boundaries of the wards as published in the Order made under section 3C.
any ward.
Further the alterations shall be made on the recommendations of a Committee consisting of five persons appointed by the Minister and the requirements specified in section 3B shall apply to and in respect of any such alterations being made.
The new boundaries, names, numbers or letters of each ward boundaries of which are altered under subsection (1), shall be published in the Gazette by the Minister and take effect in respect of an election held under this
Ordinance immediately after such alterations are effected.
3E.
of District
For the purpose of assisting a
National Committe in fulfilling its mandate, the Minister shall appoint a Delimitation
Committee at each district level, (hereinafter referred to as a “District Committee”) which
Establishment
Delimitation
Committees
Minister to boundaries of at district levels.
shall consist of the District Secretary of the relevant district who shall be the Chairman of such District Committee and the following members to be appointed by the Minsister:—
a representative of the Department of
Elections;
a representative of the Provincial
Ministry of Local Government of the
Provincial Council within which such district is situated;
a representative of the Survey-General’s Department;
a representative of the Department of
Census and Statistics; and
a public officer nominated by the
Minister.
A District Committee shall carry out such functions as may be assigned to it by the
National Committee and shall act under the direction and the supervision of such National
Committee.
The provisions of subsection (3) and (4) of section 3A shall mutatis mutandis apply to and in regard to the conduct of meetings of
District Committee.”.
s 3Part I of the principal enactment to be renumbered as Part IA
The heading “PART I” appearing immediately after section 3 of the principal enactment, is hereby repealed and the heading “Part 1A” is substituted therefor.
s 4Amendment of section 4 of the principal enactment
Section 4 of the principal enactment is hereby amended by the repeal of subsection (1) of that section, and the substitution therefor of the following subsection :—
“(1) The Commissioner may appoint by name or by office for each district in Sri Lanka, a fit and proper person to be or to act as district returning officer and one other person to be or to act as the returning officer for each of the local authority area or of any particular local authority, as the case may be, in a district, and such number of other persons as may become necessary to be or to act as assistant returning officers for that district.”.
s 5Amendment of section 5 of the principal enactment
Section 5 of the principal enactment is hereby amended by the repeal of subsection (2) of that section and the substitution therefor of the following subsection:—
“(2) Subject to the general supervision and control of the Commissioner, each assistant returning officer and assistant elections officer may exercise or perform the powers or duties conferred or imposed by this
Ordinance upon an election officer.”.
s 6Amendment of section 7 of the principal enactment
Section 7 of the principal enactment as amended by
Law, No. 24 of 1977 is hereby further amended in paragraph (b) of subsection (1) of that section, by the substitution for the words “resident in any electoral area”, of the words
“resident in any ward”.
s 7Amendment of section 9 of the principal enactment
Section 9 of the principal enactment as last amended by Act, No. 25 of 1990 is hereby further amended in subsection (1) of that section, as follows:—
in paragraph (d) of that subsection —
by the substitution in sub-paragraph (v) (A) of that paragraph, for the words “created prior to
November 18, 1970, the initial salary scale of which was on November 18, 1970, not less than Rs. 6,720 per annum”, of the words
“created prior to June 01, 2007, the initial salary scale of which was on January 01, 2007, not less than Rs. 2,27,280 per annum”;
by the substitution in sub-paragraph (v) (B) of that paragraph, for the words “created after
November 18, 1970”, of the words “created after June 01, 2007,”;
by the substitution in sub-paragraph (vi) (A)
of that paragraph, for the words “created prior to November 18, 1970, the initial salary scale of which was, on November 18, 1970, not less than Rs. 7,200 per annum”, of the words
“created prior to January 01, 2009, the initial salary scale of which was, on January 01, 2009, not less than Rs. 2,46,300 per annum”; and
by the substitution in sub-paragraph (vi) (B)
of that paragraph, for the words “created after
November 18, 1970,” of the words “created after January 01, 2009,”;
by the repeal of paragraph (i) of that subsection, and the substitution therefor of the following paragraph :—
“(i)
is serving or has during the period of seven years immediately preceding, completed serving a sentence of imprisonment for an offence punishable with imprisonment for a term exceeding twelve months or is under a sentence of death or is serving or has during the period of seven years immediately preceding, completed serving a sentence of imprisonment awarded in lieu of execution of a sentence of death ; or”; and
in the proviso to paragraph (j) of that subsection :—
by the substitution in paragraph (i) of that proviso, for the words “a post created prior to
November 18, 1970, less than Rs. 6,720 per annum” of the words “a post created prior to
June 01, 2007, less than Rs. 2,27,280
per annum”; and
by the substitution in paragraph (ii) of that proviso, for the words “created after November 18, 1970,”, of the words “created after June 01, 2007.”.
s 8Amendment of section 12 of the principal enactment
Section 12 of the principal enactment is hereby amended as follows:—
in subsection (1) of that section, by the addition immediately after the proviso to that section of the following:—
"Provided further,
each ward of a local authority shall be deemedto be a polling area for the purposes of an election to that local authority; and
each ward shall be identified by a name andan alphabetical letter in English.;
by the repeal of subsection (2) of that section and the substitution therefor, of the following subsection :—
“(2) The district returning officer shall—
divide the polling area of a local authority, into one or more polling districts in accordance with directions as may be issued by the Commissioner;
assign to each polling district a distinguishing letter or letters;
determine with respect to each such polling district, the location in which the polling station in respect of that district shall be situated; and
publish in the Gazette, a notice containing the particulars referred to in paragraphs (a), (b) and (c) above.”;
by the insertion immediately after subsetion (2) of that section, of the following new subsections:—
“(2A) Unless the Commissioner directs, otherwise the division of a polling area into polling districts shall be so made, that each polling district at the time of such division, shall consist of not more than one thousand five hundred voters.
Subject to the provisions of subsection (2A), the division of a polling area into polling districts may be altered by the district returning officer as the occasion may require, and upon such alteration being made, he shall publish in the Gazette a notice specifying the particulars referred to in paragraphs (a), (b) and (c) of subsection (2) and the date on which such alteration shall come into effect.
A notice published in the Gazette under paragraph (d) of subsection (2) or under subsection (3), as the case may be, may be amended from time to time in regard to the particulars referred to in paragraph (c) of subsection (2) which is required to be specified in that notice, after notifying to the public of the proposed amendments in such manner as the Commissioner may determine, and after giving an opportunity to the public for making representations in regard to the proposed amendments.”; and
by the substitution in subsection (3) of that section, for the words “one polling station and no more.”, of the words “not less than one polling station.”.
s 9Amendment of section 12A of the principal enactment
Section 12A of the principal enactment is hereby repealed and the following section is substituted therefor :—
12A. Where the administrative limits of any local authority is altered under any law under which such local authority was established or the boundaries of any ward into which a local authority area is divided is altered by the
Minister under section 3D of this Ordinance, the provisions of section 12 shall mutatis mutandis apply to and in relation to such local authority or ward, as the case may be, whose administrative limits or boundaries have been so altered.”.
s 10Amendment of section 12B of the principal enactment
Section 12B of the principal enactment is hereby amended by the substitution for the words “and certify an electoral list” and words “correspond to the electoral area”, respectively of the words “and certify an electoral list for each ward of such electoral area”, and the words “correspond to the respective ward of such electoral area”.
s 11Amendment of section 12D of the principal enactment
Section 12D of the principal enactment is hereby amended by the substitution for the words “electoral list of any electoral area”, of the words “electoral list of each ward of any electoral area”.
s 12Amendment of section 12F of the principal enactment
Section 12F of the principal enactment is hereby amended by the substitution for the words “alteration of the limits of the electoral area of any local authority”, of the words
“alteration of the limits of any ward or the limits of the electoral area of any local authority, as the case may be,”.
“Alteration of the administrative limits of a local authority or of a ward.
s 13Amendment of section 16 of the principal enactment
Section 16 of the principal enactment is hereby amended by the substitution for the words “electoral list of any electoral area,”, of the words “electoral lists of the wards of any electoral area,”.
s 14Amendment of section 17 of the principal enactment
Section 17 of the principal enactment as amended by Law, No. 24 of 1977 is hereby further amended in subsection (1) of that section, by the substitution for the words “the electoral list of”, of the words “the electoral lists of the wards”.
s 15Amendment of section 18 of the principal enactment
Section 18 of the principal enactment as amended by Law, No. 24 of 1977, is hereby further amended as follows:—
in subsection (1) of that section, by the substitution for the words “electoral list of any electoral area,”, of the words “electoral lists of the wards of any electoral area,”; and
in subsection (5) of that section, by the substitution for the words “electoral list, make such amendment in the list” of the words “electoral lists, make such amendments in the lists”.
s 16Amendment of section 19 of the principal enactment
Section 19 of the principal enactment as last amended by Law, No. 24 of 1977, is hereby further amended as follows :—
in subsection (1) of that section, by the repeal of paragraph (a) of that subsection and the substitution therefor of the following paragraph :—
“(a)
in more than one electoral list, whether of the wards of the same electoral area or of different electoral areas; or”;
in subsection (3) of that section, by the substitution in paragraph (b) of that subsection, for the words
“in which the electoral area”, of the words “in which the ward”.
"Notice of nomination period.
s 17Amendment of section 20 of the principal enactment
Section 20 of the principal enactment as amended by Law, No. 24 of 1977, is hereby further amended in subsection (1) of that section, by the substitution for the words “electoral list of any electoral area”, of the words
“electoral lists of the wards of any electoral area,”.
s 18Amendment of section 22 of the principal enactment
Section 22 of the principal enactment is hereby amended by the substitution for the word “list” wherever that word appears in that section, of the word “lists”.
s 19Amendment of section 23 of the principal enactment
Section 23 of the principal enactment is hereby amended by the substitution for the words “electoral list of any electoral area,”, of the words “electoral lists of the wards of any electoral area,”.
s 20Replacment of section 26 of the principal enactment
Section 26 of the principal enactment is hereby repealed and the following section substituted therefor–
26. Whenever a general election of the members of a local authority is due to be held in any year, the returning officer of the district in which the electoral area of such local authority is situated, shall publish a notice of his intention to hold such election. The notice shall specify the name of the returning officer who is appointed to receive nomination papers of the recognized political parties and independent groups whose candidates are contesting in each ward of that electoral area, the period (hereinafter referred to as the
“nomination period”) and the office hours during which nomination papers shall be received by the respective returning officer in his office and the place where such nomination papers shall be so received. Such nomination period shall commence on the fourteenth day after the date of the publication of the notice and shall expire at twelve noon on the seventeenth day after the date of publication of the notice. The notice shall also specify the date, time and place at which the approved symbols shall be allotted and in respect of a local authority area.”.
s 21Amendment of section 27A of the principal enactment
Section 27A of the principal enactment is hereby amended by the repeal of subsections (3), (4) and (5) of that section.
s 22Amendment of section 28 of the principal enactment
Section 28 of the principal enactment as last amended by Act, No. 25 of 1990, is hereby further amended as follows :—
by the repeal of subsection (1) of that section and the substitution therefor of the following subsection:—
“(1) Any person who is qualified under section 8 of this Ordinance to be elected as a member of a local authority, may be nominated as a candidate for election for any ward of the electoral area of such authority, provided that no such person shall be nominated as a candidate for election in respect of more than one ward of any electoral area of a local authority.”;
by the repeal of subsections (1A) and (1B) of that section;
by the repeal of subsection (2) of that section and the substitution therefor of the following subsection :—
“(2) Any recognized political party or any group of persons contesting as independent candidates (hereinafter referred to as an
“independent group”) may for the purpose of election as members of any local authority, submit one single nomination paper in respect of all the wards of such local authority, substantially in the Form set out in the First
Schedule, setting out the names:—
of candidates being nominated in respect of each ward of that local authority and which number shall be equivalent to the number of members to be elected as elected members in respect of those several wards; and
of such number of additional persons as is equivalent to thirty per centum of the total number of persons being nominated as candidates to be elected under paragraph (a), from among whom the members of that local authority who shall be returned under section 65A of this Ordinance, shall be appointed:
Provided that where the number constituting thirty per centum referred to in this paragraph is an integer and fraction, the integer shall be deemed to be the number which shall constitute thirty per centum, for the purpose of this paragraph.
The returning officer shall as soon as is practicable make a copy of each nominaiton paper received by him and display such copies of the nomination papers on his notice board.
The nomination paper shall be prepared in duplicate, with the word “copy” being written clearly on the duplicate copy.”.
by the insertion immediately after subsection (2) of that section, of the following new subsections :—
“(2A) A nomination paper referred to in subsection (1), shall—
in the case of a recognized political party, be submitted by the secretary or an authorized agent of such party or the candidate whose name appears in the nomination paper being submitted and who is nominated for such purpose by the secretary; and
in the case of an idependent group, be submitted by the group leader of the independent group or his authorized agent, so however the group leader shall at the time of the deposit of the legal tender with the returning officer under section 29 of the Ordinance nominate a person from among the candidates as an authorized agent.
Notwithstanding any provision to the contrary in this Ordinance, 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.
Where the number constituting the twenty - five per centum, referred to in subsection (2B) is an integer and fraction, the integer shall be deemed to be the number which shall constitute twenty five per centum for the purpose of that subsection.”.
in subsection (4) of that section, by the substitution for the words “consent of each candidate to be nominated”, of the words “consent of each candidate and each person being nominated”;
in subsection (4A) of that section, by the substitution for the words “youth candidate”, where ever it appears in that subsection, of the words “youth”;
by the insertion immediately after subsection (4A)
of that section, of the following new subsection:—
“(4B) A declaration of the assets and liabilities under the Declaration of Assets and
Liabilities Law, No. 1 of 1975 in the form as prescribed under that Law, shall be required to be submitted in respect of each candidate and persons whose names appear in a nomination paper, within three months of the submission of such nomination paper.”.
s 23Amendment of section 29 of the principal enactment
Section 29 of the principal enactment as last amended by Act, No. 24 of 1977, is hereby further amended as follows :—
by the repeal of subsection (1) and subsection (2)
of that section, and the substitution therefor of the following subsections :—
“(1) (a) Every recognized political party and independent group shall, between the date of the publication of the notice under section 26
and the submission of the nomination paper and in any case not later than twelve noon on the day immediately preceding the end of the nominaiton period, deposit the legal tender with the returning officer to whom the nomination paper is to be submitted, a sum of:—
five thousand rupees in respect of each candidate and each additional person being nominated by a recognized political party; and
twenty thousand rupees in respect of each candidate and each additional person being nominated by an independent group.
The deposit the legal tender shall—
in the case of a recongnized political party, be submitted by the secretary of the recognized political party or his authorized agent; and
in the case of an independent group, be submitted by the leader of the independent group.
No deposit made on behalf of a candidate under subsection (1) shall be accepted by the returning officer, unless it is made within the time specified in that subsection.”;
by the substitution for the marginal note to that section, of the following marginal note:—
“Deposits to be made on behalf candidates.”.
s 24Amendment of section 30 of the principal enactment
Section 30 of the principal enactment as last amended by Act, No. 25 of 1990, is hereby further amended by the repeal of subsection (4) of that section, and the substitution therefor of the following subsection:—
“(4) Where the candidate of a recognized political party or independent group on whose behalf a deposit was made is not elected and where the number of votes polled by such candidate does not exceed one-twentieth of the total number of valid votes polled in the ward in which he contested, the deposit made on behalf of such candidate shall be declared forfeit. The returning officer with whom it was deposited, shall transfer such amount from the deposit account to the
Consolidated Fund and in every other case the deposit shall be returned to the candidate who made the deposit, as soon as may be after the result of the election is declared :
Provided that, where any recognized political party or independent group fails to obtain more than one twentieth of the total number of valid votes which contested the election in such local authority area, the deposit made by each such recognized political party or independent group, in respect of all the additional persons whose names appear in the nomination paper submitted by such recognized political parties or independent group, shall be declared forfeit and the provisions of this subsection shall apply in regard to the transfer of such deposit.”.
s 25Amendment of section 31 of the principal enactment
Section 31 of the principal enactment as last amended by Act, No. 25 of 1990, is hereby further amended as follows :—
in subsection (1) of that section :—
by the repeal of paragraphs (bb) and (bbb) of that subsection; and
by the repeal of paragraph (d) of that subsection;
by the addition immediately after subsection (2) of that section the following new subsection :—
“(3) Where a candidate or any person whose name appears on a nomination paper submitted by a recognized political party or an independent group, as the case may be, is found to be disqualified due to the failure of such candidate or person:—
where the candidate or person concerned is a youth, to have attached to the nomination paper a certified copy of his Certificate of
Birth or in the event the Certificate of Birth is not available an affidavit signed by such youth certifying his date of birth; or
to have his consent which is required to be included in such nomination paper to be endorsed on the nomination paper, and to have annexed to the nomination paper his oath or affirmation in the form set out in the
Seventh Schedule to the Constitution, the nomination paper so submitted shall not be rejected, but the name of the candidate or the person concerned who is found to be disqualified due to any of the reasons specified in this subsection, shall be removed from the nomination paper so submitted.
Where a name of any candidate or any person is removed from a nomination paper, the political party or the independent group, as the case may be, which submitted such nomination paper, shall not thereafter be entitled to replace the name so removed with any other new name and the deposit made in respect of the candidate or other person whose names was removed, shall be forfeited.”.
s 26Amendment of section 35 of the principal enactment
Section 35 of the principal enactment as amended by Act, No. 25 of 1990, is hereby further amended by the repeal of subsection (1) of that section and the substitution therefor of the following subsection:—
“(1) (a) Where in the case of any electoral area, the returning officer finds at the expiry of the nomination period:—
that no nomination paper has been duly received on behalf of any recognized political party or independent group; or
that all the nomination papers received by him have been rejected or that the names of all the candidates appearing in such nomination paper have been removed from such nonination paper in terms of subsection (3) of section 31, as the case may be, the returning officer shall forthwith report to the elections officer of the district in which the area is situated the fact that no nomination papers have been received, or that all the nomination papers received by him have been rejected, or that the names of all the candidates appearing in any nomination paper have been removed from such nomination paper under subsection (3) of section 31, as the case may be.
The election officer shall, not later than seven days after the receipt of the report, publish a notice prescribing a further nomination period. The notice shall specify the period (hereinafter referred to as the “second nomination period”) during which the nomination papers are to be received by the returning officer at his office and all the provisions of this Ordinance shall thereupon apply.”.