යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XVI

 CHAPTER XVI

 

LOCAL COUNCILS (LC) AND PROVINCIAL COUNCILS (PC)

 

113.       (1) Each Locality shall have a Local Council whose members who shall be hereinafter known as “Local Members (LM)” are elected at a General Election.

(2) Local Council shall perform executive powers devolved under the provisions of Chapter X.

 

(3) Local Member of Local Council who has won the confidence of the most Members shall be appointed as the Chairman to Local Council (hereinafter known as “Local Chairman”) by the Governor in the related Province.

 

(4) Local Chairman shall select one of Members as the Vice Local Chairman.

(5) Local Chairman and Vice Local Chairman shall be individually and collectively responsible to Local Council.

(6) Local Members of Local Council shall work together as one body headed by Local Chairman; and every Member shall have the same privileges:

Provided that Local Chairman shall have the same status as a Member of Parliament, except that he renders a honorary service as a Member of State Assembly in State Assembly.

(7) Local Chairman, or in his absence Vice Local Chairman or in their absence any Local Member selected from among the Members present shall preside over sitting of Local Council. The presiding member shall have a casting vote.

(8) The quorum of Local Council shall be eight; the presiding member shall adjourn the Council if the number of Members present falls below the quorum, and shall fix another time for the next Council to meet.

(9) Local Chairman shall be required to present to the Local Council a well-planned comprehensive Local Development Plan, according to which he shall be leading the Council, during his tenure, to achieve its goals.

114.       (1) Governor in the related Province in consultation with the Public Service Commission shall appoint a Secretary who shall be a SLAS officer to a Local Council who shall be known as “Local Secretary”, and Local Secretary shall be the Principal Accounting Officer and the Principal Administration Officer of the Locality and Local Council.

(2) Local Secretary in consultation with Governor shall have a sufficient staff in accordance with the policy recommendations of Public Service Commission.

(3) Local Secretary shall be the secretary of Local Council meetings, and he shall maintain accurate and detailed minutes, schedules of meetings, and tabled documents for records.

(4) Local Secretary shall exercise in accordance with the law of the country and regulations of Government Service, all duties and responsibilities entrusted upon him by Local Council, related Provincial Council, and the Government Service.

115.       (1) Local Council shall meet at least once a week.

(2) Local Secretary on the advice of Local Chairman shall be required to summon Local Council within not less than twelve hours by giving such summon notice to every Local Member.

(3) Local Secretary shall be required to summon Local Council by a written request signed by not less than fifty percent of total Local Members within not less than twelve hours by giving summon notice to every Local Member.

(4) If Local Council could not meet consecutively three times within a period of thirty days, or if Local Council could not meet six times within a period of three months, Local Chairman with Vice Local Chairman shall be deemed to be removed immediately, and such removed Members shall not be qualified to be re-elected to any of the two offices for a period of five years since the date of such removal. New Local Chairman and Vice Local Chairman shall be elected in the next Local Council sitting, and newly elected Local Chairman can present a new Local Development Plan or commit to proceed with the existing Plan.

(5)  If Local Council could not be held under re-elected Local Chairman or if new Local Chairman and Vice Local Chairman could not be so appointed, in accordance with the paragraph (4) of this Article, Local Council shall be dissolved by Governor of the related Province immediately; and a by-election shall be held for that Locality subject to the provisions of paragraph 140(1).

116.       (1) Local Chairman shall present an Annual Budget in the month of November to Local Council with such details as the internally audited expenses and receipts and development projects and activities of the Past fiscal year, Balance Sheet of Local Council, estimates for expense and receipt for the coming year, development projects and activities proposed for the coming year.

(2) All the official documents presented to Local Council by Local Chairman or Vice Local Chairman shall be certified by Local Secretary as true and accurate.

(3)  All projects and activities in a Locality involving public money shall be audited by National Audit Commission and such audit shall have been completed by the end of October.

(4) Every budget shall be passed by a Simple Majority, but if it was rejected by Local Council, Local Chairman shall present a new budget again within thirty days. If the budget is defeated the second time, Local Chairman and Vice Local Chairman shall be deemed to be automatically removed from office, and they shall not be qualified to be elected to such office for five years. New Local Chairman and Vice Local Chairman shall be elected by Local Council in the next sitting in accordance with the normal procedure.

(5) Local Chairman and Vice Local Chairman shall continue to hold such office even if the maiden budget is defeated.

117.       (1) A Locality shall be subdivided into smaller areas called “Divisions”.

 

(2) Delimitation Commission in consultation with Elections Commission shall determine the number of Divisions in a Locality and borders thereof, based on factors of population, size of area, composition of races, and nature of the area.

(3) Delimitation Commission in consultation with Elections Commission shall, once every ten years, reconsider those factors and determine new borders by creating or removing Divisions.

(4) The number of Divisions in a Locality shall not be less than fifteen, and shall not be more than forty.

(5) Governor in consultation with Public Service Commission shall appoint a Divisional Secretary who shall be a SLAS officer to each Division; and such Divisional Secretary shall perform and discharge the duties and responsibilities as per the law.

118.       (1) Local Chairman may at his discretion delegate some of his powers and responsibilities to his Vice Local Chairman and Vice Local Chairman shall be responsible to Local Chairman.

(2) Vice Local Chairman shall be appointed as the Acting Local Chairman by Governor of the related Province if Local Chairman is out of country or is temporarily unable to discharge his duties due to physical or mental disability.

 

(3) Vice Local Chairman may be removed by Local Chairman if at least one third of Local Members are in favor of such removal.

(4) Vice Local Chairman shall be deemed to be automatically removed if the office of Local Chairman is vacated in accordance with the law.
 

119.       (1) Local Chairman aided by Vice Local Chairman shall exercise and perform the powers, duties, functions, and responsibilities through eight Local Advisory Committees (LAC) which are:

(a) Advisory Committee on schools, school education, dhamma education, Piriven, technical education, museums, and libraries;

(b) Advisory Committee on land, agriculture, gardening, fisheries, animal husbandry, cultivation, water canals, organic fertilizer, fishery harbors, salt production, food security, water supply, and irrigation;

(c) Advisory Committee on health, hospitals, indigenous medicine, spas, nutrition, sanitation, veterinary service, sport, pets, food regulation;

(d) Advisory Committee on community police, inter-racial harmony, national integrity, culture, religious activities, public performances, leisure;

(e) Advisory Committee on environment, waste management, sewage, roads, drainage, ferries, infrastructure, burial grounds, cemeteries, natural resources, transport, street lighting, and rural development;

(f) Advisory Committee on Shops, business registration, trading, markets and fairs, rest houses, hotels, and co-operatives;

(g) Advisory Committee on Locality Administration, housing, apartments, constructions, wildlife, social services, sky, and beach;

(h) Advisory Committee on taxes, and revenue collection.

(2) Each Advisory Committee shall be headed by either Local Chairman or Vice Local Chairman.

(3) Each Advisory Committee shall comprise of not less than four Local Members, and any Member shall be entitled to a member of any number of Advisory Committee.

(4) The Citizens in the Locality may directly participate and discuss matters in any of Advisory Committee, and Local Secretary shall provide for facilities for the public to productively participate in such Committee proceedings.

(5) The executive decisions taken by Local Chairman shall have been initially discussed in the relevant Advisory Committee; Local Chairman should align his decisions or actions with such observations and recommendations of Advisory Committee.

(6) All the sittings and proceedings of Local Council shall be freely accessible and open the public and mass media including social media.

120.       (1) Governor in the related Province on grounds of corruption, or inability to carry on the business of Local Council by the current Members may dissolve a Local Council, and if a by-election cannot be held in accordance with the provisions of paragraph 140(1), he shall appoint a “Special Commissioner” to assume the functions, powers, duties, and responsibilities of Local Chairman until next General Election is conducted.

 

(2) Local Chairman who was in office immediately before the dissolution of Local Council shall be deemed to have vacated the seat when the provisions of paragraph (1) of this Article come into operation.

121.       Local Member shall vacate his seat:

(1) upon his death;

(2) on resignation by writing to Governor of the related Province;

(3) on his attaining the age of seventy years;

(4) on his removal by Chairman of Provincial Council with a resolution passed with a Simple Majority in Provincial Council, on account of ill health, or physical or mental infirmity;

(5) upon being convicted in a competent court and sentenced for not less than twelve months.

 

122.   (1) The Capital of Sri Lanka shall be “Sri Jayewardenepura (SJ)” and it shall be a special Locality whose geographic area shall not be considered to be part of a Province, and shall be considered to be part of Central Government. Local Chairman of this special Local Council shall be known as “Mayor”

(2) The SJ Locality shall be administered directly by the Central Government; Home Affairs Minister shall exercise and perform the functions, powers, duties, and responsibilities of Governor, including the power to dissolve.

(3) The Local Police Administration within the SJ Locality shall be carried out by the National Police Administration under the special division “Capital Police Division (CPD)”.
 

123.               (1) There shall be a Provincial Council (PC) for each Province.

(2) The Members of Provincial Council shall consist of:

 

(a)    Local Chairmen in the related Province;

(b)    Members of Parliament (one for each Locality) who obtain the most preferential votes in each Locality in the related Province.

(3) Members of Provincial Council shall not be given a salary or allowance for being Members thereof.

(4) Provincial Council shall meet at least once every four months.

(5) Governor of the related Province may summon Provincial Council within forty eight hours if not less than fifty percent of Members of Provincial Council or Chief Minister alone so requests in writing to Governor.

(6) The quorum of Provincial Council shall be sixteen; and Provincial Council shall not be held if quorum is not there.

(7) Governor shall be entitled to attend Provincial Council, speak, and participate in debate, but shall not have the right to vote; and he shall be given the same facilities as provided for Chief Minister.

124.   (1) Every Member of Provincial council shall have one vote, and resolutions shall be passed with a Simple Majority of votes of Members.

(2) Provincial Council in its first sitting after a General Election shall elect as Chairman and Deputy Chairman of Provincial Council two members from among its Members who shall be Local Chairmen.

(3) Chairman of Provincial Council or Deputy Chairman in his absence or any Member in their absence selected for the sitting shall preside over Local Council; the presiding member shall work in the same manner and honor the Speaker in Parliament shall perform.

125.   (1) Members of Provincial Council shall elect as Chief Minister (CM) one Member who shall also be a Member of Parliament.

 

(2) Chief Minister shall be responsible to Provincial Council.

 

(3) Chief Minister shall be deemed to be on par with a Cabinet Minister and he shall have the same privileges of a Cabinet Minister.

(4) Chief Minister shall have his Secretariat headed by Secretary General to Chief Minister, in the same manner, mutatis mutandis, as a Cabinet Ministry. Such Secretary General who shall be a senior SLAS officer shall be appointed by President, subject to the provisions of paragraph 185(1).

(5) The seat of Chief Minister shall be vacant if:

(a) the provisions of Article 58 come into operation; or

(b) a resolution is passed by a Simple Majority in Provincial Council to remove Chief Minister.

126.   (1) If Provincial Council has not been held at least once in six months, Chief Minister shall be deemed to have been removed; and a new Chief Minister shall be elected in the next sitting of Provincial Council; and such removed Chief Minister shall not be qualified to be elected as Chief Minister again for the next five years.

 

(2) If Provincial Council is not held under the new Chief Minister during next six months or if Provincial Council cannot elect a Chief Minister after such removal, Governor shall dissolve Provincial Council and assume its functions and duties; and offices of Chief Minister, Chairman of Provincial Council, and Deputy Chairman of Provincial Council shall be vacant until next General Election.

(3) If Chief Minister or any Member of Provincial Council has not attended Provincial Council for twelve months, such Member shall be deemed to be have vacated his seat in Provincial Council; such Member if he is a Local Chairman, shall be deemed to have vacated his office of Local Chairman and a new Local Chairman with a new Deputy Local Chairman shall be elected by Local Council in accordance with the normal procedure.

127.   Provincial Council shall derive its functions and duties from the Local Councils, and its functions and duties shall be as follows.

(1) To co-ordinate among the Local Councils in the Province;

(2) To co-ordinate between the Central Government and Local Government for the Province;

(3) To represent in Parliament on behalf of Local Councils in any subject or power devolved to Local Government;

(4) To conduct inquiry into Local Council and Local Members on charges of bribery and corruption.

(5) To advise Local Councils on development projects and activities.

128.   (1) Chief Minister shall be the principal administrator to perform the functions and responsibilities of provisions of Article 127.

(2) The Chief Minister shall establish eight Provincial Working Committees (PWC) to coincide with the eight Advisory Committees as provided by paragraph 119(1); such Committees shall offer expert advice to Provincial Council and Local Councils on any activity under their scope or subject.

(3) Chief Minister shall appoint as the head of each of such Provincial Working Committee a Member who shall be a Local Chairman.

(4) Chief Minister in consultation with Provincial Secretary in accordance with the policy recommendations by Public Service Commission shall appoint as Advisors to such Committee not more than two experts who shall hold at least a postgraduate qualification.

129.   (1) President, subject to the provisions of paragraph 185(1), shall appoint a Secretary to a Provincial Council who shall be known as “Provincial Secretary”, and Provincial Secretary shall be the Principal Accounting Officer and the Principal Administration Officer of Provincial Council.

(2) Provincial Secretary in consultation with Governor shall have a sufficient staff in accordance with the policy recommendations of the Public Service Commission.

(3) Provincial Secretary shall be the secretary of Provincial Council meetings, and he shall maintain accurate and detailed minutes, schedules of meetings, and tabled documents for records.

(4) Provincial Secretary shall exercise in accordance with the law of the country and regulations of Government Service, all duties and responsibilities entrusted upon him by Provincial Council, and the Government Service.