22. Amendment of section 28 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 28 of the principal enactment as last amended by Act, No. 25 of 1990, is hereby further amended as follows :—

(1)

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.”;

(2)

by the repeal of subsections (1A) and (1B) of that section;

(3)

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:—

(a)

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

(b)

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.”.

(4)

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—

(a)

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

(b)

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.

(2B)

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.

(2C)

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.”.

(5)

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”;

(6)

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”;

(7)

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.”.

Read on from s 23