63.
| (1) If at any time the Minister is satisfied that there is sufficient proof of -
| | (a) incompetence and mismanagement; or | | |
| | (b) persistent default in the performance of the duties imposed by this Act : or | | |
| | (c) persistent refusal or neglect to comply with any provisions of law ; or | | |
| | (d) abuse of the powers conferred by this Act; or | | |
| | (e) persistent refusal to hold or attend meetings or to vote or to transact business at any meeting to be held, | | |
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| (2) The Minister shall, before making an Order under subsection (1), appoint for the purpose of satisfying himself in regard to any of the matters referred to in subsection (1), a retired judicial officer to inquire into and report upon such matter within a period of three months, and the person so appointed shall in relation to such inquiry have the powers of a Commission of Inquiry appointed under the Commissions of Inquiry Act. |
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| (3)
| | (a) When the Minister appoints a retired judicial officer under subsection (2) to inquire into any matter the Minister may, as the circumstances of such case may require, by Order published in the Gazette
| | | (i) suspend the Chairman from office and direct the District Secretary to exercise the powers and perform the duties of the Chairman ; or |
| (ii) suspend all or any of the elected members from office and where he suspends all the elected members from office, direct the District Secretary to exercise the powers and perform the duties of the Council and its Chairman and thereupon the other members shall cease to function. |
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| | (b) Upon the receipt of the report of the person appointed under subsection (2), the Minister may make an Order under subsection (1), or revoke the Order made under paragraph (a) of this subsection. | | |
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| (4) Where the Minister removes the Chairman of a Development Council from office by Order under subsection (1), the Chairman shall also cease to be a member of such Council. |
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| (5) Where all the elected members of a Development Council are removed under subsection (1) the other shall cease to function, and
| | (a) the District Minister shall exercise, perform and discharge the powers, duties and functions conferred or imposed on, or assigned to, the Council by this Act or other written law ; | | |
| | (b) the Minister may at any time, by Order published in the Gazette, direct that an election be held to elect the new members of the Council and such members shall, notwithstanding the provisions of section 4, hold office for a period of four years. | | |
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Sri Lanka Consolidated Acts