ACT, No. 30 OF 2007

30of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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LOCAL AUTHORITIES (SPECIAL
PROVISIONS) ACT, No. 30 OF 2007
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[Certified on 08th August, 2007]
Printed on the Order of Government
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of August 10, 2007
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRI LANKA
TOBEPURCHASEDATTHEGOVERNMENTPUBLICATIONSBUREAU,COLOMBO5
Price : Rs. 4.00 Postage : Rs. 5.00

Local Authorities (Special Provisions) 1
Act, No. 30 of 2007
[Certified on 08th August, 2007]
L. D.—O. 35/2007
ANACTTOPROVIDEFOR CALLINGOF FRESHNOMINATIONSANDTHE HOLDING
OF ELECTIONS IN RESPECT OF ONE MUNICIPAL COUNCIL AND EIGHT
PRADESHIYA SABHAS IN THE EASTERN PROVINCE WHERE ELECTIONS
TO SUCH COUNCIL AND SABHAS HAVE BEEN POSTPONED DUE TO
UNFORSEEN AND URGENT CIRCUMSTANCES; AND TO PROVIDE FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
WHEREAS Notices were published under section 26 of the Preamble.
Local Authorities Elections Ordinance, that nominations will
be received in respect of elections to all Municipal Councils,
Urban Councils and Pradeshiya Sabhas in the Eastern
Province:
AND WHEREAS the dates of polls fixed for the holding of
elections for the aforesaid Municipal Council and the eight
Pradeshiya Sabhas, out of the aforesaid local authorities, were
postponed from time to time due to urgent and unforeseen
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 Council and Pradeshiya Sabhas:
AND WHEREAS due to the period of time that has elapsed
since the submission of nominations in respect of the
aforesaid Municipal Council and eight Pradeshiya Sabhas, it
has become necessary to provide for the calling of fresh
nominations in respect of such Municipal Council and
Pradeshiya Sabhas and to make provision for the holding of
fresh elections in respect of the aforesaid Council and Sabhas.
2 Local Authorities (Special Provisions)
Act, No. 30 of 2007
NOW THEREFORE BE it enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows :—
Short title. 1. This Act may cited as the Local Authorities (Special
Provisions) Act, No. 30 of 2007.
Provisions 2. (1) Nomination papers submitted, under section 28 of
relating to
nominations and the Local Authorites Elections Ordinance (Chapter 262)
deposits in (hereinafter referred to as “the Ordinance”) in respect of
respect of elections to the Municipal Council and the Pradeshiya
elections to
Sabhas specified in Schedules I and II, in response to the
certain Councils
and Sabhas. 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 subsection (3) of section
38 of the Ordinance, in respect of elections to the Municipal
Council and the Pradeshiya Sabhas specified in Schedules I
and II, are hereby revoked.
(3) Deposits made under section 29 of the Ordinance in
respect of candidates nominated by an independent group
for election to the Municipal Council or any of the Pradeshiya
Sabhas specified in Schedules I and II, shall notwithstanding
anything to the contrary in section 30 of the Ordinance, be
refunded, on the production by the person who made the
deposit, of the receipt issued to such person under subsection
(3) of section 29 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 3. Steps shall be commenced under the Ordinance for
commenced for the holding of elections to the Municipal Council and the
holding of
elections. Pradeshiya Sabhas specified in Schedules I and II:
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, be a date not later than six months from the
date of the coming into operation of this Act.
Local Authorities (Special Provisions) 3
Act, No. 30 of 2007
4. (1) Notwithstanding the provisions of any other law, Displaced
any registered elector who reasonably fears that due to persons.
conditions prevailing in the area within which his polling
station is situate, that he is unable to cast his vote freely at
such polling station at an election held to elect members to
the Municipal Council and eight Pradeshiya Sabhas as
specified in Schedules I and II to this Act, may make an
application in such format as specified by the Commissioner
of Elections (hereinafter referred to as the “Commissioner”)
within one week of notice of nominations, requesting that he
may be allowed to cast his vote at another polling station as
may be determined by the Commissioner in his absolute
discretion.
(2) The Commissioner shall within a week of receipt of
an application, inform such elector whether such application
is accepted or rejected. The decision of the Commissioner
shall be final and conclusive.
(3) Upon the Commissioner deciding to accept the
application of a registered elector made in terms of subsection
(1) he shall forthwith inform such elector of the polling station
at which he is eligible to cast his vote.
(4) The Commissioner shall cause to be published a list
of the names of the registered electors whose applications
have been accepted in accordance with the provisions of
subsection (2), by making copies thereof available for
inspection at his office and at the relevant district offices.
(5) Where such vote is cast, such vote shall be counted
along with the votes of the relevant local authority in which
such elector is registered.
5. For the purposes of this Act “Commissioner of Interpretation.
Elections” shall have the same meaning as in the Ordinance.
6. In the event of any inconsistency between the Sinhala Sinhala text to
and Tamil texts of this Act, the Sinhala text shall prevail. prevail in case of
inconsistency.
4 Local Authorities (Special Provisions)
Act, No. 30 of 2007
SCHEDULE I
Municipal Councils
1. Batticaloa Municipal Council
SCHEDULE II
Pradeshiya Sabhas
1. Eravur Pattu Pradeshiya Sabha
2. Koralai Pattu Pradeshiya Sabha
3. Koralai Pattu North Pradeshiya Sabha
4. Manmunai South and Eruvil Pattu Pradeshiya Sabha
5. Manmunai Pattu Pradeshiya Sabha
6. Manmunai West Pradeshiya Sabha
7. Manmunai South West Pradeshiya Sabha
8. Porathivu Pattu Pradeshiya Sabha

Local Authorities (Special Provisions) 5
Act, No. 30 of 2007
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