Sri Lanka Consolidated Acts

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Provincial Councils Act (No. 42 of 1987) - Sect 37

Interim provision

37.
(1)
(a) The President may by Proclamation declare that the provisions of this subsection shall apply to any two or three adjoining Provinces specified in such Proclamation (hereinafter referred to as "the specified Provinces"), and thereupon such Provinces shall form one administrative unit, having one elected Provincial Council, one Governor, one Chief Minister and one Board of Ministers, for the period commencing from the date of the first election to such Provincial Council and ending on the date of the poll referred to in subsection (2)" of this section, or if there is more than one date fixed for such poll, the last of such dates.
(b) The President shall not make a Proclamation declaring that the provisions of subsection (1) (a) shall apply to the Northern and Eastern Provinces unless he is satisfied that arms, ammunition, weapons, explosives and other military equipment, which on 29th July, 1987, were held or under the control of terrorist militant or other groups having as their objective the establishment. of a separate State, have been surrendered to the Government of Sri Lanka or to authorities designated by it, and that there has been a cessation of hostilities and other acts of violence by such groups in the said Provinces.
(2)
(a) Where a Proclamation is made under the provisions of subsection (1) (a), the President shall by Order published in the Gazette, require a poll, to be held in each of the specified Provinces, and fix a date or dates, not later than 31st day of December; 1988, for such poll, to enable to the electors of each such specified Province to decide whether
(i) such Province should remain linked with the other specified Province or Provinces as one administrative unit, and continue to be administered together with such Province or Provinces; or
(ii) such Province should constitute a separate administrative unit, having its own distinct Provincial Council, with a separate Governor, Chief Minister and Board of Ministers.
(b) The President may, from time to time, at his discretion, by subsequent Orders published in the Gazette, postpone the date or dates of such poll.
(3) Where at the poll held in each of such specified Provinces, the decision of the electors in each such Province is that such Province should remain linked with the other specified Province or Provinces, such specified Provinces shall continue to form one administrative unit, having one elected Provincial Council, one Governor, one Chief Minister and one Board of Ministers, and the provision of any written. law relating to Provincial Councils shall be construed as if the specified Provinces were one Province:
(4)
(a) Where two or more Provinces are specified such Proclamation, and the decision of the electors of one such Province is that such Province should constitute a separate administrative unit, having its own distinct Provincial Council, with a separate Governor, Chief Minister and Board of Ministers, the Provinces specified in the Proclamation shall forthwith cease to form one administrative. unit and separate Provincial Councils, with a separate Governor, Chief Minister and Board of Ministers shall be deemed to have been established and constituted for each such Province with effect from the date on which the result of such poll is declared; and the President shall thereupon by' Order published in the Gazette cancel the poll in the other specified Province or Provinces, if such poll has not already been held.
(b) The President may, by Order published in the Gazette make such provision as may be necessary for the' distribution of the property of such specified Provincial Councils, and with respect to the officers and servants of. contracts entered into by, and actions instituted by, and. against, such Councils during the period when the such Provinces formed one administrative unit.
(5) Such poll shall be conducted by the Commissioner of Elections, and the President may make regulations, under this subsection providing for all matters relating to the conduct of such poll.
(6) The electors of a Province shall be deemed to have decided in favour of a proposal submitted to such electors at such poll if such proposal has been approved by an absolute majority of the valid votes cast at such poll.
(7) Every such poll will be monitored by a Committee of three persons consisting of the Chief Justice, who shall be the Chairman thereof. and two other persons appointed by the President, who shall report to the President.


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