Local Authorities (Special Provisions)

Link to law: http://www.lawnet.lk/process.php?st=2006Y0V0C2A&hword=%27%27&path=2
Published: 2006

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Local Authorities (Special Provisions)
Local Authorities (Special Provisions)




AN ACT TO PROVIDE FOR THE CALLING OF FRESH NOMINATIONS AND THE HOLDING OF ELECTIONS IN RESPECT OF CERTAIN MUNICIPAL COUNCILS, URBAN COUNCILS AND PRADESHIYA SABHAS, IN THE NORTHERN AND EASTERN PROVINCES WHERE ELECTIONS TO SUCH COUNCILS AND SABHAS HAVE BEEN POSTPONED DUE TO UNFORSEEN AND URGENT CIRCUMSTANCES; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.






Preamble.
WHEREAS Notices were published under section 26 of the Local Authorities Elections Ordinance, that nominations will be received in respect of elections to all Municipal Councils, Urban Councils and Pradeshiya Sabhas in the Northern and Eastern Provinces:



AND WHEREAS nominations were received in respect of three Municipal Councils, six Urban Councils and forty-four Pradeshiya Sabhas and no nominations were received in respect of seven Pradeshiya Sabhas :



AND WHEREAS out of the above Councils and Sabhas, elections in respect of three Municipal Councils, six Urban Councils and fifty-one Pradeshiya Sabhas, were contested and therefore the date of poll for elections to these Municipal Councils, Urban Councils and Pradeshiya Sabhas was fixed for March 25,2002 by Notices published under section 38 of the Local Authorities Elections Ordinance in respect of the respective Councils and Sabhas :



AND WHEREAS the dates of poll fixed for the holding of elections for the aforesaid three Municipal Councils, six Urban Councils and fifty-one Pradeshiya Sabhas were postponed from time to time due to urgent and unforseen circumstances by Orders made under subsection (3) of section 38 of the Local Authorities Elections Ordinance.



AND WHEREAS persons who have tendered their nominations have either died or been displaced, or have changed their party, or due to the fact that a considerable number of persons who have tendered their nominations have gone abroad, or where persons who were below the age of thirty-five at the time of tendering nominations are now over the age of thirty - five, it has become necessary to provide for the calling of fresh nominations in respect of the aforesaid Municipal Councils, Urban Councils and Pradeshiya Sabhas :



AND WHEREAS due to the period of time that has elapsed since the submission of nominations in respect of the aforesaid three Municipal Councils, six Urban Councils and fifty-one Pradeshiya Sabhas, it has become necessary to provide for the calling of fresh nominations in respect of such Municipal Councils, Urban Councils and Pradeshiya Sabhas, and to make provision for the holding of fresh elections in respect of the aforesaid Councils and Sabhas :



NOW THEREFORE, BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-



[19th January

, 2006 ]













Short title.



1. This Act may be cited as the Local Authorities (Special Provisions) Act, No. 2 of 2006.



Provisions relating to nominations and deposits in respect of elections to certain Councils and Sabhas.



2.







(1) Nomination papers submitted, under section 28 of the Ordinance in respect of elections to the Municipal Councils, Urban Councils and Pradeshiya Sabhas specified in Schedules I, II and III in response to the Notices published under section 26 of the Ordinance are hereby deemed to be of no force and effect, and as if such nomination papers had never been submitted.



(2) The Notices published under section 38 of the Ordinance in respect of elections to the Municipal Councils, Urban Councils and Pradeshiya Sabhas specified in Schedules I, II and III are hereby revoked.



(3) Deposits made under section 29 of the Ordinance in respect of candidates nominated by an independent group for election to any of the Municipal Councils, Urban Councils or Pradeshiya Sabhas specified in Schedules I, II and III shall notwithstanding anything to the contrary in section 30 of the Ordinance, be refunded to the person by whom the deposit was made, on the production by such person, of the receipt issued to him under sub section (3) of section 30 of the Ordinance together with interest on such deposit at the rate of twelve per centum per annum, from the date of deposit to the date of refund.



Steps to be commenced for holding of elections.



3. Steps shall be commenced under the Ordinance, for the holding of elections to the Municipal Councils and Urban Councils and the Pradeshiya Sabhas specified in Schedule I, II and III:



Provided that the notice of nomination in terms of the Ordinance shall be published on such date as the Minister may determine by Order published in the Gazette, such date shall however, not be later than six months from the date of the coming into operation of this Act.



Interpretation



4. In this Act, "Ordinance" means the Local Authorities Election Ordinance (Chapter 262).



Sinhala text to prevail in case of inconsistency.



5. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
SCHEDULE I



Municipal Councils



1. Batticaloa Municipal Council



2. Jaffna Municipal Council



3. Kalmunai Municipal Council
SCHEDULE II
Urban Councils



1. Kathankudy Urban Council



2. Chavekachcheri Urban Council



3. Point Pedro Urban Council



4. Valvettithurai Urban Council



5. Trincomalee Urban Council 6. Vavuniya Urban Council.
SCHEDULE III
Pradeshiya Sabhas



1. Ninthavur Pradeshiya Sabha





2. Samanthurai Pradeshiya Sabha





3. Addlarchenai Pradeshiya Sabha





4. Akkaraipattu Pradeshiya Sabha





5. Pottuvil Pradeshiya Sabha





6. Thriukkovil Pradeshiya Sabha





7. Koralai Pattu North Pradeshiya Sabha





8. Koralai Pattu West Pradeshiya Sabha





9. Koralai Pattu Pradeshiya Sabha





10. Eravul Pattu Pradeshiya Sabha





11. Mannmunai West Pradeshiya Sabha





12. Mannmunai Pattu Pradeshiya Sabha





13. Mannmunai South Earuvil Pattu Pradeshiya Sabha





14. Mannmunai Pattu South West Pradeshiya Sabha





15. Town and Gravets Pradeshiya Sabha





16. Kuchchaveli Pradeshiya Sabha





17. Thampalagamam Pradeshiya Sabha





18. Kinniya Pradeshiya Sabha





19. Muthur Pradeshiya Sabha





20. Kanthale Pradeshiya Sabha





21. Gomarankadawela Pradeshiya Sabha





22. Morawewa Pradeshiya Sabha





23. Padavisiripura Pradeshiya Sabha





24. Seruwila Pradeshiya Sabha





25. Chavakachcheri Pradeshiya Sabha





26. Delft Pradeshiya Sabha





27. Velanai Pradeshiya Sabha





28. Kayts Pradeshiya Sabha





29. Valikamam West Pradeshiya Sabha





30. Valikamam South West Pradeshiya Sabha





31. Valikamam South Pradeshiya Sabha





32. Valikamam North Pradeshiya Sabha





33. Valikamam East Pradeshiya Sabha





34. Vadamarachchi South West Pradeshiya Sabha





35. Point Pedro Pradeshiya Sabha





36. Nallur Pradeshiya Sabha





37. Vavuniya South Tamil Pradeshiya Sabha





38. Vavuniya South Sinhala Pradeshiya Sabha





39. Vavuniya North Pradeshiya Sabha





40. Vengalachchedikulam Pradeshiya Sabha





41. Mannar Pradeshiya Sabha





42. Manthai West Pradeshiya Sabha





43. Nanattan Pradeshiya Sabha





44. Musali Pradeshiya Sabha





45. Maritime Pradeshiya Sabha





46. Puthukudiyiruppu Pradeshiya Sabha





47. Thunukkai Pradeshiya Sabha





48. Manthai East Pradeshiya Sabha





49. Karachchi Pradeshiya Sabha





50. Poonakary Pradeshiya Sabha





51. Pachchilaipalli Pradeshiya Sabha