As enacted

Contents

Act of Parliament · As enacted

Local Authorities Elections (Amendment) Act 1990

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

Official translation, read from a scanFrom Department of Government Printing's scanned PDF, read by OCR; may contain errors

s 1Short title

This Act may be cited as the Local Authorities

- Elections (Amendment) Act, No. 25 of 1990.

s 2of section 9 of Cahapter 262

Section 9 of the Local Authorities Elections Ordi-nance, as last amended by Act No. 24 of 1987 (hereinafter

. referred to as the “principal enactment ")

is hereby further amended by the repeal of paragraph (dd) of sub-section (1) of that section and the substitution of the fol-lowing ‘paragraph therefor :—

“(dd) is a member of Parliament, a member of a Pro-vincial Council established by the Constitution or a member of any other local authority

; ”.

s 3of section 28 of the principal enactment

Section 28 of the principal enactment, as last amend-ed by Act No. 24 of 1987, is hereby further amended as follows :—

(1)

by the insertion immediately after subsection (1) of that section of the following new subsections :—

“ (la) Notwithstanding any provisions to the contrary in this Act, in-each nomination paper sub-mitted in respect of an election for the electoral areas of a local authority, not less than forty per centum of the total number of candidates nomina-ted in such nomination paper shall consist of youth.

(1s)

‘The Commissioner shall by nctice published in the Gazette, specify the number of youth can-didates to be nominated in respect of each. local authority. Where the total number of youth candi-dates to be nominated is such, that forty per centum of that number would be an integer and a fraction, the nearest integer to that. integer and fraction shall —

“be deemed to be the forty per centum for purposes

‘of this subsection. ” ;

3 and 2—D oovlis (90/05)

Amendment

(2)

in subsection (2) of that section by the substitution for the words “elected for that local authority increased by three. ”, of the words “elected for that local authority increased by six or by one-third of such number of members, whichever is less. ” ;

(3)

by the insertion immediately after subsection (4) of that section, of the following new subsection :—

“ (4a) A certified cupy of the birth certificate of every youth candidate whose name appears in the nomination paper or an affidavit signed by such youth candidate, certifying his date of birth shall be attached to such nomination paper. ”.

s 4of section 30 of the principal enactment

Section 30 of the principal enactment, as amended by ,

Law No, 24 of 1977, is hereby further amended in subsection (4) of that section by the substitution for the words “is elected and where ihe number of votes polled by such inde-pendent group does not exceed one-eigth of the total number of votes polled at that election, the deposit made”, of the words “ is elected, the deposit made”.

s 5of section 31 of the principal encatment

Section 24 of the principal enactment, as amended by

Act No. 46 of 1983, is hereby further amended as follows:

(1)

in subsection (1) of that section by the insertion im-mediately after paragraph (b) of that subsection of the following paragraphs :—

“ (bb) that does not contain the total number of youth candidates as required to be nominated under subsection (1a) of section 28 ; or

(obb) where, as required by subsection (4,1)

of section 28, a certified copy of the birth cer-tificate of a youth candidate or an affidavit signed by such youth candidate, has not been attached to the nomination paper;

or”;

(2)

by the insertion immediately after subsection (1) of that section, of the following new subsection :—

“ (1a) Objections to a somination paper may be made to a returning officer between twelve noon and one-thirty. O’clock in the afternoon of the last ~

day of the period of nemination and no such ob-jections shall be entertained by the returning officer after one-thirty O’cleck in the afternoon of that day. ”.

‘

s 6

Secticn 35 of the principal enactment is hereby amend-of section 35 of the principal enactment.

ed in the proviso to subsection (3) of that section by the substitution for the words “ it shall be lawfull for the Minis-ter to nominate” of the words “it shall be lawful for the

Minister taking into consideration the provisions contained in subsection (1a) of section 26 to nominate”.

s 7Amendment of section 36 of the principal enactment

Section 36 of the principal enactment, as last amended by Act No. 24 of 1987 is hereby further amended in para-graph (b) of subsection (1) of that section as follows :—

(1)

by the substitution for the words “by the returning officer, then—”, of the words “by the returning officer then the returning officer shall forthwith pre-pare a single list containing the names of candidates as indicated by the candidates, but placed in alpha-betical order of their names in Sinhala, of such recognized political party or independent group and then—” ;

{2) by the-substitution in sub-paragraph (i) of that para-graph for the words “ whose names appear as first and second in such nomination paper”, of the words

“whose names appear as first and second in such single list” ;

(3)

by the substitution in sub-paragraph (ii) of that para-graph for the words “appear in such nomination paper,” , of the words “ appear in such single list, ”.

. 8 Section 28 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended in para-of section 38 of the principal enactment.

graph (b) of subsection (1) of that section by the substitu-tion for the words “the names of the candidates (as indi-cated by the candidates) placed in alphabetical order in

Sinhala, of ’, of the words “a single list containing the names of the candidates as indicated by them, but placed in alpha-betical order of their names in Sinhala, of ”.

3%.

Section 47 of the privcipal enactment, as amended by

Act No, 24 of 1987, is hereby further amended in paragraph of section 47 of the principal enactment.

(a)

of that section by the substitution for the words from

“placed in serial order,” to the end of that paragraph, of

Amendment

Amendment the words “placed in one or more rows in serial order,-as is equal to the number of members to be elected to the local authority increased by six or by one-third of such number-of members whichever is less, with provision to mark three preferences and such preferences shall be marked on one or more of the cages enclosing a serial number or on any one or more of the blank cages appearing on the right hand side of a cage enclosing a serial number, ”.

s 10Amendment of section 63 of the principal enactment

Section 3 of the principal enactment, as last amended hy Act No. 24 of 1987, is herepy finther amended by the repeal of subsection (68) of that section.

s 11Amendment of section 65 of the principal enactment

Section 65 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended in sub-section (2) of that section as follows :—

(1)

by the repeal of paragzaph (2} of that subsection and the substitution therefor of the following para-graph :—-

‘(a) The total number of valid votes polled by all political parties and independent groups are hereinafter referred to as “relevant number of vates’,

;

(2)

by the repeal of paragraph (b) of that subsection

;

(3)

by the substitution in paragraph (d) of that subsec-tion, for the words “ and independent group (other than those parties and groups disqualified under paragraph (a) beginning with ”, of the words “and independent group beginning with”;

(4)

by the substitution in paragraph (g) of that subsec-tion, for the words “whose name appear next in the nomination paper submitted by such party or group.” of the words “whose name appear next in the single list prepared under paragraph (b) of sub-section (1) of section 38. ”.

s 12~~<

Section 75 of the principal enactment, as last amended ~

by Act No. 24 of 1987, is hereby further amended by the substitution for the words “candidate for whom he has indicated a preference”, of the words “candidate or candi-of section 75 of the principal ‘enactment.

dates for whom he has indicated a preference or prefernces ”.

s 13of section 18 of the principal enactment

Section 78 of the principal enactment is hereby amended in subsection (1) of that section, by the inser-tion, immediately after paragraph (a) of that subsection, of that following new paragraph:

“ (aa) Any per:on who signs an affidavit, for the pur-poses of subsection (44) of section 28, knowing any statement contained therein to be false; or”.

s 14of section 89 of the principal enactment,

Section 89 of the principal enactment, as last amended by Act No. 24 of 1987, is hereby further amended by the addition immediately after the definition of “town”, of the following defirition :—-

“youth” means a person not less than eighteen years of age as at first June of the year in which the revision of the operative electoral register commenced under the Registration of

Electors Act, No. 44 of 1980 and not more than thirty-five years of age as on the last day of the nomination period

Ordinance in respect of the election at which he seeks to be a candidate.”.

specified under

s 15Replacement of First. Schedule to the principal enactment

First Senedule to the principal enactment, as last amended by Act No. 24 of 1987 is hereby repealed and the following Schedule substituted therefor :—

‘FIRST SCHEDLE

Form oF NoMINATION PAPER essseeveneenecnensesses Council/Pradeshiya Shabha.

[Section 28 (2)] -

Party, being a recognized political partylindependent group of candidates [of which (in the case of an independent group)...

is the group leader], hereby nominates the following persons as

. candidates for election of members of the .........

cece cssetenneeees Municipal Council/Urban

Council/Pradeshiya Sabha.

Group I —Candidates

4 2 3 4

Name

Address

Occupation

Amendment

Amendment lk i a ie RE es at

Group II—Youth Candidates 1 2 3 4 5

Name

Address

Dateofbirth Occuption

Signature signifying consent of youth candidate

I do hereby certify that allthe youth candidates whose names appear in this nomination paper are within the agestipulated in section 89 of the Ordinance.

Signature of Secretary of recognised political party/group leader.

NAM feeccccccecssecessscsenecssseesarceesscssensneesennnsenerene tee

Address 2 cu eien

Signed by the above named

Secretary of recognized political party group

Justice of the Peaceor Notary

Public.”.

of the Second

Amendment

s 16e principal enaciment

Second Schedule to the principal enactment as last

Schedule amended by Act No. 24 of 1987, is hereby further amended by the substitution for the words from “independent group, by placing a cross” to tle words “each such candidate. ”, of the words “independent group, by placing a cross or crosses (thus “X”} on one or more of the cages enclosi a serial number corresponding to the,serial number assigned to each such candidate or any one or more blank cages appearing on the right hand side of a cage enclosing such serial number. ”.

. os

s 47Third Schedule to the principal enactment, as amend-Replacement of the Third

“ed by Act No. 24 of 1987 is hereby repealed and the follow-Schedule

Pl oO e ing Schedule substituted therefor :—

princip"!

enact nent,

Local Authorities Elections (Amendment) Act 1990

Schedules