Provincial Councils ACT

Arrangement of Sections

1. Short title.

PART I

MEMBERSHIP OF PROVINCIAL COUNCIL

2. Name and membership of Provincial Council

3. Qualification for membership of Provincial Council.

4. Oath or affirmation by members.

5. Vacation of seats.

5A. Dissolution of a Provincial Council.

6. Penalty for sitting and, voting before making oath or when disqualified.

PART II

MEETINGS AND CONDUCT OF BUSINESS OF PROVINCIAL COUNCILS

7. Chairman and Deputy Chairman.

8. Chairman or Deputy Chairman not to preside while resolution for his removal under discussion.

9. Powers and privileges of Members of Provincial Councils.

10. Voting in Council.

11. Rules of procedure.

12. Court not to inquire into proceedings of Provincial Council.

13. Exemption of state property from taxation.

14. Lapsing of statutes.

15. Conduct of business.

16. Contracts and suits.

17. Secretariat.

18. Restriction on discussion in Provincial Council.

PART III

FINANCE

19. Provincial Fund of Province.

20. Emergency Fund of the Province.

21. Government guarantee for loans.

22. Foreign aid for provincial projects.

23. Audit.

24. Special procedure as to statutes relating to financial matters.

25. Annual financial statement.

26. Procedure in Provincial Council with respect to estimates.

27. Appropriation statute.

27A. Powers of Governor.

28. Supplementary grants.

29. Votes on account.

30. Authorisation of expenditure bending sanction by the Provincial council.

PART IV

PROVINCIAL PUBLIC SERVICE COMMISSION

31. Chief Secretary.

32. Provincial public service.

33. Provincial Public Service Commission.

34. Interference with Provincial Public Service Commission.

35. Oath or affirmation.

36. Power or President to remove difficulties.

37. Interim provision.

42 of 1987,

27 of 1990,

28 of 1990.

1053-17-1998.

AN ACT to provide for the procedure to be followed in Provincial Councils; for matters relating to the provincial public service; and for matters connected therewith or incidental thereto.

[Date of Commencement: 14th November, 1987]

1. Short title.

This Act may be cited as the Provincial Councils Act.

PART I

MEMBERSHIP OF PROVINCIAL COUNCIL

2. Name and membership of Provincial Council

Where a Provincial Council is established for a Province by virtue of Article 154A of the Constitution, the President shall, by Order published in the Gazette, assign a name to such Council and specify the number of members such Provincial Council shall consist of In specifying such number, the President shall have regard to the area and population of the Province for which that Provincial Council is constituted.

3. Qualification for membership of Provincial Council.

No person shall be qualified to be elected as a member of a Provincial Council or to sit and vote as a member of such Council—

(a) if such person is subject to any of the disqualifications specified in paragraphs (a), (c), (d) (e), (f) and (g) of Article 91(1) of the Constitution;

(b) if such person is under any law, disqualified from voting at an election of members' to a local authority;

(c) if he is a Member of Parliament;

(d) if he is a member of any other Provincial Council or stands nominated as a candidate for election for more than one Provincial Council;

(e) if he stands nominated as a candidate for election to a Provincial Council, by more than one recognised political party or independent group

4. Oath or affirmation by members.

No member of a Provincial Council shall sit or vote as such member until he has taken or subscribed the oath, or made or subscribed the affirmation, set out in the Fourth Schedule to the, Constitution.

5. Vacation of seats.

(1) If a member, of any Provincial Council—

(a) becomes subject to any disqualification mentioned in section 3; or

(b) resigns his seat by writing under his hand addressed to the Chairman, his seat in the Provincial Council shall thereupon become vacant.

(2) If for a period of ninety days a member of the Provincial Council is without permission of the Council absent from all meetings thereof, the Council may declare his seat vacant:

Provided that in computing the said period of ninety days, no account shall be taken of any period during which the Council is prorogued for more than four consecutive days.

(3) Where the Governor of a Province communicates to the Chairman of a Provincial Council established for that province that in the opinion of the Governor, a member of such Provincial Council has, on the date specified in such communication, expressly repudiator or manifestly disavowed obedience to the Constitution, in contravention or violation of, the oath or affirmation taken and subscribed, or made and subscribed by such member under section 4, such member shall be disqualified from sitting and voting as a member or such Provincial Council, with effect from the date specified in such communication.

[S 5(3) ins by s 2 of Act 27 of 1990.]

5A. Dissolution of a Provincial Council.

Where the Governor of a Province communicates to the President that—

(a) more than one half of the total membership of such Provincial Council has, on or about the date specified in that communication, expressly repudiated or manifestly disavowed obedience to the Constitution or otherwise acted in contravention of the oath or affirmation taken and subscribed, or made and subscribed; by such members under section 4; or

(b) that such Provincial Council has for all intents and purposes ceased to function with effect from any date,

the Provincial Council shall stand dissolved with effect from the date specified in such communication

[S 5A ins by s 3 of Act 27 of 1990.]

6. Penalty for sitting and, voting before making oath or when disqualified.

If a person sits or, votes as a member of a Provincial Council before he has complied with the, requirements of section 4, or when he knows that he is not qualified, or that, he is disqualified, for membership thereof, he shall be liable in respect of each day on which he so sits or votes; to a penalty of one hundred rupees to be recovered as a debt due to the State.

PART II

MEETINGS AND CONDUCT OF BUSINESS OF PROVINCIAL COUNCILS

7. Chairman and Deputy Chairman.

(1) Every Provincial Council shall, as soon as may be choose two members of the Council to be respectively Chairman and Deputy Chairman thereof and, so often as the office, of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman, as the case may be.

(2) A member holding office as Chairman or Deputy Chairman of a Provincial Council—

(a) shall vacate his office if the ceases to be a member of the Council;

(b) may at any time by writing under his hand addressed, if such member is the Chairman, to the Deputy Chairman member is the Deputy Chairman to the Chairman, resign his office;

(c) may be removed from his office by a resolution of the Council passed by a majority of the whole number of members of the Council (including those not present):

Provided that whenever the Council is dissolved, the Chairman shall not vacate his office until immediately before the first meeting of the Council after the dissolution.

(3) While the office of Chairman is vacant, the duties of the office shall be performed by the Deputy Chairman or, if the office of Deputy Chairman is also vacant, by such member of the Council as may be determined by the rules of procedure of the Council.

(4) During the absence of the Chairman from any sitting of the Council, the Deputy Chairman, or, if he is also absent, such person as may be determined by the rules of procedure of the Council, or, if no such person is present, such other person as may be determined by the Council shall act as Chairman.

(5) There shall be paid to the Chairman and the Deputy Chairman of the Provincial Council such salaries and allowances as may be fixed by the Provincial Council, by statue and, until provision in that behalf is so made, such salaries and allowances as the Governor may, with the approval of the President, by order, determine,

8. Chairman or Deputy Chairman not to preside while resolution for his removal under discussion.

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