As enacted

Contents

4. Insertion of new section 3A to the principal enactment

Official English translation. The Sinhala text prevails.

The following new section is hereby inserted immediately after section 3 of the principal enactment and shall have effect as section 3A of that enactment:—

3A. (1) There shall be a Delimitation

Committee (hereinafter referred to as the

“Committee”) appointed by the President within two weeks of the commencement of this

Act, consisting of five persons representing the pluralistic character of Sri Lankan society, including professional and social diversity by

Order published in the Gazette, one of whom shall be nominated by the President as the

Chairman of the Committee.

(2)

The Committee shall divide each administrative district into such number of electorates as corresponds to Fifty percent

(50%) of the total number of members to be elected from such administrative district in terms of subsection (3) of section 3:

Provided that, if the number corresponding to Fifty percent (50%) of the total number of members to be elected from such administrative district in terms of subsection (3) of section 3

is an integer and a fraction, the number shall be rounded to nearest integer.

(3)

The Committee shall assign names to each such electorate.

(4)

In the division of administrative district into electorates, the following factors shall be taken into consideration by the Committee:–

(a)

where it appears to the Committee that, there is, in any area of an administrative district, a substantial

“Delimitation

Committee.

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concentration of persons united by a community of interest, whether racial, religious or otherwise, but differing in one or more of these respects from the majority of the inhabitants of that area, the Committee may make such division of the administrative districts into electorates;

(b)

in making such division, the

Committee shall have due regard to—

(i)

the desirability of reducing to the minimum the disproportion in the number of persons resident in the several electorates of the administrative districts within the

Province; and

(ii)

the geographical and physical features of the electorates.

(5)

Where the Committee is of the view that having taken into consideration the requirements specified in subsection (4), it is appropriate to create an electorate which shall be entitled to return more than one member, the Committee shall create a multi member electorate or electorates, as the case may be for any administrative district.

(6)

Each electorate within an administrative district shall be entitled to directly return one or more members, as the case may be, to a

Provincial Council.

(7)

The Committee shall fulfil its responsibilities and duties in terms of subsections (2), (3), (4) and (5) of this section,

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within four (4) months of its appointment and thereafter submit its report to the Minister.

(8)

The Committee shall endeavour to arrive at a consensus in deciding on the matters entrusted to the Committee.

(9)

The Committee shall decide on the procedure to be followed in fulfilling its obligations.

(10)

For the purpose of fulfilling its obligations in terms of this section, the

Committee shall appoint such officers, experts, technical committees and sub-committees as may be necessary.

(11)

The Committee shall submit its report to the Minister, who shall within two weeks of the receipt of such report, table it in Parliament for its approval by not less than two-thirds of the whole number of Members of Parliament

(including those not present) voting in its favour.

(12)

Where Parliament does not approve such report in terms of subsection (11) within one month of the tabling of the report, then the

Speaker shall appoint a Review Committee, consisting of five persons representing the major communities and, headed by the Prime

Minister.

(13)

The Review Committee shall cause any alteration to be made to the names, numbers, and boundaries of any electorate.

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(14)

The Review Committee shall fulfil its responsibilities and duties in terms of subsection (13), within two (2) months of the

Minister having referred the report for its consideration and thereafter submit its report to the President.

(15)

Upon the receipt of the report of the

Review Committee, the President shall by

Proclamation forthwith publish the new number of electorates, the boundaries, names assigned to each electorate so created on the report submitted by the Review Committee.

(16)

The total number of members which each administrative district is entitled to return shall comprise of—

(a)

such number of members as is equivalent to the number of Electorates within such administrative district;

and

(b)

such number of additional members to be elected (hereinafter referred to as the “additional members”) in order to ensure that the total number of members elected from such administrative district is equivalent to the number of members to be elected from such administrative district of the

Province as determined by the Election

Commission in terms of subsection (3)

of section 3.

(17)

Any recognized political party or any group of persons contesting as independent

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candidates (hereinafter referred to as an

“independent group”) may for the purpose of any election of members of Provincial Councils for any administrative district, submit two nomination papers setting out—

(a)

the names of each candidate nominated in respect of each electorate

(in this Act, hereinafter referred to as the “Electorate List”); and

(b)

the names of additional candidates in respect of such administrative district as is equivalent to the number of additional members entitled to be elected from such administrative district, increased by three (in this Act hereinafter referred to as the “District

List”).”.

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