LOCAL GOVERNMENT SERVICE

(1) The commission shall be constituted in accordance with the succeeding provisions of this section.

(2) The commission shall consist of the following members :-

(3) No person who is for the time being a Senator or Member of Parliament or of any local authority shall be eligible for nomination under this section as a member of the commission.

(4) The representative specified in each of the sub-paragraphs of subsection (2) (c) shall be selected for nomination by the Minister, in his absolute discretion, from among persons recommended by the appropriate advisory body, or in the case of the representative specified in sub-paragraph (ii) or sub-paragraph (iii) of that subsection, by each of the appropriate advisory bodies ; and it shall accordingly be the duty of any such advisory body, within fourteen days of the receipt of a written request in that behalf from the Commissioner of Local Government, to recommend in writing to the Minister, for the purpose of the selection aforesaid, the names of not more than such number of persons as may be specified in the request in accordance with directions given by the Minister :

Provided, however, that in the event of such recommendation not being duly made by the appropriate advisory body, or, as the case may be, by all the appropriate advisory bodies, such representative shall be nominated by the Minister in his absolute discretion.

(5) For the purposes of this section, the expression ” appropriate advisory body “-

(a) any such member may at any time resign from his office or be removed from office by the Minister; and

(b) any such member shall, upon his becoming a Senator or Member of Parliament or of any local authority, ipso facto vacate his office ;

Provided further that any person who is nominated to fill any vacancy caused by the death, resignation or removal from, or vacation of, office of any such member shall hold office during a period equal to the unexpired portion of the term of office of the member in whose place he is nominated and no longer.

(1) The Commissioner of Local Government shall be the chairman of the commission and shall preside at all meetings of the commission at which he is present.

(2) In the absence of the Commissioner of Local Government at any meeting of the commission, the person for the time being holding the office of Deputy Commissioner of Local Government shall be entitled to preside at the meeting and to exercise and perform all the powers and duties conferred or imposed on the Commissioner of Local Government or the chairman by or under this Ordinance.

(3) Five members shall constitute a quorum of the commission.

(4) If at any meeting, the members of the commission are divided in opinion as to the decision to be given on any point or matter, such point or matter shall be decided according to the opinion of the majority of the members present; but if the members are equally divided, then the opinion of the chairman shall prevail.

(5) The commission may regulate its own procedure in any matter not provided for in this Ordinance or by regulation.

(a) the payment of fees to the nominated members of the commission for attendance at meetings of the commission and the rates at which such fees shall be computed ;

(b) the payment of an allowance in respect of travelling done by the nominated members of the commission in the discharge of their duties as members of the commission, and the rates at which such allowances shall be computed.

(1) The commission shall have the following powers: –

(2) The commission may authorize the chairman, subject to such general or special conditions as it may from time to time determine by resolution-

(3) Regulations may be made under this Ordinance empowering the commission, whether generally or specially-

(1) The expenses of the commission, including the salaries, allowances, pensions and gratuities payable to or in respect of the members or staff of the commission, but not including the salaries, allowances, pensions and gratuities payable to members of the service, shall be paid out of moneys provided for the purpose by Parliament[1] under the annual Appropriation Act.[1]

(2) All moneys paid to the commission under subsection (1) shall be applied and expended by the commission for the purposes authorized by or under this Ordinance.

(1) Every member of the service shall, so long as he continues as such member, be deemed for all purposes to be in the service of the commission notwithstanding that he is for the time being employed under a local authority and notwithstanding that his salary is paid out of the funds of that local authority.

(2) Every member of the service shall be deemed to be a public servant within the meaning of the Penal Code.

(1) After the appointed date, no person not having the prescribed qualifications shall be appointed to any scheduled post.

(2) Regulations may be made prescribing the qualifications necessary for appointment to any post or class or grade of posts in the service.

(3) The preceding provisions of this section shall not apply to any person who is transferred to the service under section 55 or section 63.

(a) in the case of any appointment to any post, if the commission so determines, or if no such regulations are for the time being in force in respect of that post; or

(b) to any person who is transferred to the service under section 55 or section 63.

(1) Every local authority shall cause and permit each member of the service who is appointed by the commission to any post in the service of that authority to perform and discharge the functions and duties of that post, and shall, out of its funds, pay the salary and allowances of each such member.

(2) Regulations may be made prescribing the scales of the salaries and allowances to be attached to each post or class or grade of posts in the service.

(3) Nothing in the Wages Boards Ordinance, or in any enactment amending that Ordinance shall apply or be construed or deemed to apply to or in relation to or in the case of any person who is a member of the service, notwithstanding that he is employed for the time being under a local authority in or in connexion with any service or undertaking which partakes of the nature of a trade or industry.

(1) Any member of the service holding any post specified in the First Schedule may at any time be transferred by the commission to any other such post in accordance with such regulations as may be made for the purpose:

Provided that no person who is appointed to any post described in Part II of the First Schedule hereto under any local authority (other than a Municipal Council) in any area specified in the Second Schedule hereto shall be transferred to any post outside that area.

(2) Where a member of the service is transferred from a post under one local authority to a post under any other local authority, the local authority from whose employ the member is transferred shall forthwith send to the other local authority the prescribed particulars relating to that member.

(3) Where a member of the service is transferred from a post under one local authority to a post under any other local authority, the commission may determine the amount payable to that member as costs incurred by reason of such transfer, and determine which local authority is responsible for the payment of the costs of the transfer.

Such determination shall be final and shall be communicated in writing to the local authority concerned ; and such local authority shall, upon the receipt of such communication, forthwith pay out of its funds the costs of the transfer as so determined.

(1) No member of the service shall be dismissed
or otherwise punished except in accordance with the provisions of this Ordinance or any regulations made thereunder.

(2) No member of the service shall be dismissed unless an order of dismissal is made by at least three members of the commission.

(3) Nothing in the preceding provisions of this section shall be deemed to render it unlawful for the commission to commence proceedings in accordance with those provisions, or to continue and complete as far as possible in accordance with those provisions any pending proceedings, against any member of the service in respect of any misconduct or breach of discipline or other cause of complaint which may have occurred or arisen before the appointed date.

(a) for the recruitment, appointment, promotion, transfer, resignation and retirement of members of the service ;

(b) for the filling of vacancies in the service ;

(c) for the dismissal, interdiction or punishment of members of the service ;

(d) for prescribing the conditions of employment in the service;

(e) generally for the maintenance of discipline in the service.

(a) keep and maintain in respect of each member of the service in its employ, the prescribed registers or records ;

(b) enter therein all such particulars relating to each of those members as may be prescribed ;

(c) furnish to the commission such returns or reports relating to those members as may be prescribed or such information as the commission may, from time to time, require ;

(d) permit any member or officer of the commission authorized in that behalf under section 11 (1) (i) to enter its office and to inspect and take copies of any books, accounts, records, or other documents kept therein.

(1) Every member of the service, other than-

(2) The contribution of a member for any month shall be calculated on the full monthly salary of the member notwithstanding that the amount received as salary for that month is less than the full monthly salary or that no amount whatsoever is received by way of salary for that month.

(a) a general account of the amounts credited to and the payments made out of the provident fund, and

(b) a separate account in respect of each contributor to that fund showing all contributions made by the contributor and all contributions made by a local authority in respect of that contributor.

(1) The account of a contributor shall be closed on the date on which the contributor ceases to be a
member of the service, that is to say: –

(2) Notice of the closing of an account shall be given by the accountant of the commission in the prescribed manner-

(a) on retirement on medical evidence, to the satisfaction of the commission, that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office ;

(b) on abolition of office ;

(c) on retirement on account of age ;

(d) on satisfactory completion of contract;

(e) on determination of contract by or with the consent of the commission, otherwise than by dismissal;

(f) in the case of a female contributor, on retirement with a view to, or in consequence of, marriage after not less than three years’ service,

(i) in the case of the death of a contributor, be made in accordance with the provisions of section 41 ;
and

(ii) in the case of a female contributor referred to in paragraph (f), be subject to the condition that she produces satisfactory proof of marriage within such period as may be prescribed.

(a) the amount of his or her contributions to the provident fund and the interest thereon shall be paid to the contributor ; and

(b) the amount of the contributions made in respect of that contributor under section 33 by each local authority under which the contributor has been employed, and the interest thereon, shall be paid to that local authority.

(1) On the death of a contributor-

(2) Any payment made by the commission under this section shall be valid and effectual against any demand made upon the commission by any other person in respect of the amount payable in respect of that contributor.

(1) a scheme (hereinafter referred to as the ” pension scheme”) for the payment of pensions, gratuities or retiring allowances to members of the service ; and

(2) a widows’ and orphans’ pension fund or scheme for providing pensions for the widows and children of members of the service.

(1) The pension, gratuity or retiring allowance granted to a retired member under the pension scheme shall be paid to such retired member by the commission.

In this section and the succeeding provisions of this Part, “retired member” means a member who has retired from the service.

(2) The pension granted to the widow and children of a deceased member under the widows’ and orphans pension fund or scheme shall be paid to the person or persons entitled thereto by the commission.

(1) Where-

(2) Where-

(1) Where the pension scheme commences to apply to any member of the service, who has been a contributor to the Local Government Service Provident Fund, the account of that contributor in the fund shall be closed forthwith, and as soon as may be thereafter-

(2) Before the payment of any moneys is made to any person under subsection (1), any sum or sums due from him to the commission or to any local authority under which he has been employed may be deducted from such moneys.

(1) Regulations may be made under this Ordinance providing for-

(2) Regulations made under subsection (1) in relation to the pension scheme may contain provisions corresponding as nearly as may be to the provisions contained in that behalf in the Minutes regulating the pensions or gratuities to be granted to public servants of Ceylon for the purpose of authorizing the grant of pensions by the commission to members of the service transferred to or from the service from or to pensionable office under the Government of Ceylon ; and regulations made under subsection (1) in relation to the widows’ and orphans’ pension fund may contain such provision as may be deemed reasonable for the grant by the commission of pensions and gratuities to the widows and children of any such member.

(1) In this Part-

” transferred member” means a person who is transferred to the service under section 55 or section 63 ;

” retiring allowance” includes any long service
allowance ;

” retired member” means a transferred member who has retired from the service, and includes any such member who has retired under section 56.

(2) Where any person who, having been a transferred member as defined in subsection (1) is deemed by virtue of section 3 of Ordinance No. 37 of 1947, *[* This Ordinance has been added to the Schedule to the Revised Edition of the Legislative Enactments Act.] to be an officer or servant of any local authority for any period, again becomes a member of the service before the 1st day of January, 1949, by reason of his appointment to a scheduled post or by reason that his post becomes a scheduled post, he shall, notwithstanding anything in the aforesaid section 3, be and be deemed always to have been, a transferred member for the purposes of this Part, and nothing in subsections (3) to (6) of the aforesaid section 3 shall apply or be deemed to have applied in the case of such member:

Provided, however, that the preceding provisions of this subsection shall not be taken or construed to require or have required that the provisions of sections 32 to 34 of this Ordinance should apply or have applied in the case of such member during the period mentioned in the preceding provisions of this section.

(3) The provisions of section 63 of this Ordinance shall not apply in any case to which subsection (2) of this section applies.

(1) Subject as hereinafter provided, every officer or servant of a local authority who, on the day immediately preceding the appointed date, held a scheduled post shall, on that date, be transferred to the service, and shall thereafter be deemed for the purposes of this Ordinance to be a member of the service :

Provided that no such person whose services were lent by the Government to any local authority, or who on that date was a temporary officer or servant, shall be so transferred or deemed to be a member of the service.

(2) Every transferred member shall be employed by the commission with as nearly as may be the same status and, subject to this Ordinance and any regulations made thereunder, on terms, including terms relating to salary, allowances and leave and the termination of his employment, not less favourable than the terms which he had or enjoyed as an officer or servant of the local authority under which he was employed on the day immediately preceding the appointed date.

(1) Every transferred member who does not retire from the service under section 56 and whose aggregate service up to the date immediately preceding the date of his retirement from the service, had it been wholly under the local authority in whose employ he was on the day immediately preceding the appointed date, would have qualified him for a pension, gratuity or retiring allowance under the by-laws or rules of that local authority, may, on his ultimate retirement from the service, be granted by the commission a pension, gratuity or retiring allowance not less in amount than the pension, gratuity or retiring allowance which he would have been awarded if his aggregate service had been under that local authority.

(2) Upon the death, while in the service, of a transferred member whose aggregate service up to the date immediately preceding the date of his death, had it been wholly under the local authority in whose employ he was on the day immediately preceding the appointed date, would have qualified his widow or children or other dependants to a death gratuity under the by-laws or rules of that local authority, the widow or children or other dependants, as the case may be, may be granted by the commission a death gratuity not less in amount than the death gratuity which would have been awarded under such by-laws or rules if his aggregate service up to the date immediately preceding the date of his death had been under that local authority.

(1) The pension, gratuity or retiring allowance granted to a retired member shall be paid by the commission.

(2) The death gratuity granted under section 58 (2) in respect of a deceased member of the service shall be paid by the commission.

(1) Where-

(2) Where-

(1) Where a transferred member is a contributor to a provident fund established under any bylaws or rules of the local authority under which he was employed immediately prior to the appointed date, the account of such member in the fund shall be closed on the appointed date, and as soon as may be the amount standing to his credit in the fund at the closing of such account shall be paid by the local authority to that member or any other person to whom by virtue of such by-laws or rules, as the case may be, payment may lawfully be made.

(2) Before payment of any moneys is made to any person by a local authority under subsection (1) any sum or sums due from him to that local authority may be deducted from such moneys.

(1) Where by any written law other than this Ordinance, power is vested in any local authority to appoint, dismiss or remove its officers or servants, such power shall, on and after the date on which Part II is brought into operation, be deemed not to include the power to appoint any person to a scheduled post or the power to dismiss or remove any such person from any such post.

(2) The purposes for which the funds at the disposal of a local authority may be expended under the written law relating to the powers of that local authority shall be deemed to include the making of all payments which that authority is authorized or required to make under or for the purposes of this Ordinance.

(1) If in first giving effect to the provisions of this Ordinance, any doubt or difficulty arises in respect of any matter or question for which no provision or no effective provision is made by this Ordinance, the Minister[1] may, by Order, remove or determine such doubt or difficulty. Every such Order shall be published in the Gazette, and upon such publication shall have the force of law and be as valid and effectual as if it were herein enacted.

(2) If any question arises as to whether any scheduled post is or is not a post of a temporary or casual nature it shall be referred to the commission whose decision thereon shall be final.

(1) The commission may, subject to the general
or special direction of the Minister,[1] make all such regulations as may seem to the commission to be necessary for carrying out the provisions of this Ordinance or giving effect to the principles thereof, including regulations for all matters for or in respect of which regulations are authorized or required to be made under this Ordinance, and all matters stated or required by this Ordinance to be prescribed.

(2) No regulation made by the commission under this Ordinance shall have effect until it has been approved by the Senate and the House of Representatives,[1] and notification of such approval has been published in the Gazette.

(3) Upon the publication of any notification under subsection (2), the regulation to which the notification relates shall be as valid and effectual as though it were herein enacted.