Local Authorities Elections (Amendment) Act 2012 · As enacted
2. Insertion of new part I to the Chapter 262
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
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.”.