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Pradeshiya Sabhas (Amendment)


Published: 1999-06-15

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Pradeshiya Sabhas (Amendment)
Pradeshiya Sabhas (Amendment)
AN ACT TO AMEND THE PRADESHIYA SABHAS ACT, No. 15 OF 1987.

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

[15th June , 1999 ]
Short title.

1. This Act may be cited as the Pradeshiya Sabhas (Amendment) Act, No. 14 of 1999.

Insertion of new sections 9A and 9B in Act No. 15 of 1987.

2. The following new sections are hereby inserted immediately after section 9, and shall have effect as sections 9A and 9B respectively, of the Pradeshiya Sabhas Act, No. 15 of 1987 :-

"Power of Minister to vary limits of Pradeshiya Sabha area and number, of members and to dissolve and replace Pradeshiya Sabha.

9A. The Minister may at any time by Order published in the Gazette-

(a) vary the limits of any Pradeshiya Sabha area, in a manner consistent with the provisions of section 2 ;

(b) vary the number of members determined under section 4 for any Pradeshiya Sabha, in accordance with the principles set out in that section ;

(c) dissolve any existing Pradeshiya Sabha and direct that it shall be replaced by new Pradeshiya Sabha to be constituted in lieu of such existing Sabha, whenever is appear to him to be expedient so to do upon any variation of the limits of the Pradeshiya Sabha area for which the existing Sabha was constituted ;

(d) dissolve any Pradeshiya Sabha for the purpose of constituting in its place a Municipal Council or an Urban Council. In constituting a Municipal Council, the Minister shall comply with the provisions of section 2 of the Municipal Councils Ordinance and shall also have regard to the development or amenities of the area for which such Municipal Council is to be constituted; and in constituting an Urban Council, the Minister shall comply with the provisions of section 2 of the Urban Councils Ordinance ;

Provided that no Order made by the Minister under this section shall come into force until after the expiration of the terms of office of the members of any existing Pradeshiya Sabha referred to in the Order.

New Pradeshiya Sabha to be successor of existing Sabha.

9B. Where any new Sabha is constituted under section 9A in lieu of any Pradeshiya Sabha which is dissolved -

(a) the new Sabha shall, from the date of the constitution thereof, be the successor of the dissolved Sabha for all purposes relating to the Pradeshiya Sabha area or any part thereof for which the dissolved Sabha was constituted, in so far as such area or part thereof is included within the administrative limits of the Pradeshiya Sabha area for which the new Sabha is constituted ;

(b) all the property of such dissolved Sabha situated within the administrative limits of the new Sabha and all die rights, powers, duties, debts, liabilities, and obligations of such dissolved Sabha in so far as the same relate to any area within the administrative limits of the new Sabha shall as from the date of the constitution of the new Sabha be deemed to be transferred to the new Sabha ;

(c) all references in any enactment, or in any Order, rule, regulation, or by-law made thereunder or any document or instrument executed or issued in pursuance thereof, to such dissolved Sabha shall, for the purpose of any area within the administrative limits of such dissolved Sabha which shall be included within the administrative limits of the new Sabha, be construed as though they were references to the new Sabha.''.

Sinhala text to prevail in case of inconsistency.

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