Sri Lanka Consolidated Acts

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Local Government Service (Amendment) Act (No. 10 of 1985) - Sect 4

Replacement of Part II of the principal enactment

4. Part II of the principal enactment is hereby repealed and the following Part substituted therefor:
3.
(1) There shall be established a Local Government Service Commission (hereinafter referred to as the" Commission".
(2) Any legal proceeding instituted by or against the Chairman and any member of the Commission shall be instituted in the name of the Commission.
4.
(1) The Commission shall consist of .'1 Chairman and not less than four other members, all of whom shall be appointed by the Minister.
(2) A person shall be disqualified from being the Chairman or a member of the Commission or from continuing as Chairman or a member of the Commission -
(a) if he is, or becomes a member of Parliament;
(b) if he is, or becomes a member of any local authority.
(3) Where any member of the Commission, other than the Chairman is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office during any period, the Minister may appoint any other person to act in his place during such period.
(4) Where the Chairman is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office during any period, the Minister may appoint any other member of the Commission to act in his place during such ,period.
(5) A member of the Commission including the Chairman may resign his office by letter to that effect addressed to the Minister.
(6) The Minister may, without assigning any reason therefore, remove the Chairman or any other member of the Commission and such removal shall not be called in question it any court.
(7) Every member of the Commission, including the Chairman, shall, unless he vacates office earlier by death, resignation r removal, hold office for a term of five years:
(8) The Chairman and other members of the Commission may be paid such remuneration as the Minister may with the concurrence of the Minister in charge of the subject of Finance, determine.
5.
(1) The Chairman shall preside at all meetings of the Commission. In the absence of the Chairman from any meeting of the Commission the members present shall elect any member from among themselves, to preside at such meeting.
(2) The quorum for any meeting of the Commission shall be three members, and the Commission may regulate the procedure in regard to its meetings.
(3) All questions for decision at any meeting of the Commission shall be determined by the vote of the majority of the members present. In the case of an equality of votes the Chairman, or the member presiding shall have a casting vote.
(4) No act or proceeding of the Commission shall be invalidated by reason only of the existence of a vacancy among its members or any defect in the appointment of a member thereof.
5A.
(1) There shall be a Secretary to the Commission who shall be appointed by the Minister.
(2) The other officers of the staff of the Commission shall be appointed from 'the service or the transferable service of the Government. ".


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