ཀ།།།
. PUBLIC RECORD OFFICE
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Reference:
C.O.882/11
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
PUBLIC RECORD OFFICE, LONDON |
Unofficial Members.
Precedence of Members.
Tenure of seats
of Nominated Members.
Public officers hound to act as Members.
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(b) The persons for the time being lawfully exercising the functions of the respective offices of—
(i) Colonial Secretary;
(ii) Attorney-General;
(iii) Controller of Revenue;
(iv) Treasurer.
(2) Such other persons holding public office under the Crown in the Island not exceeding seven in number (herein referred to as Nominated Official Members) as may be appointed in the manner hereinafter provided.
6. The Unofficial Members of the Council shall be :--
(1) Such persons, not holding public office under the Crown in the Island, and not exceeding three in number (herein referred to as Nominated Unofficial Members), as may be appointed in the manner hereinafter provided; and (2) Thirty-four persons to be elected as hereinafter provided
(herein referred to as Elected Members).
7.1) The Ex-officio Members of the Council shall take precedence of the other Members, and shall rank among themselves in the order in which they are hereinbefore named (except that the Senior Military Officer, if he be below the rank of Lieutenant-Colonel in His Majesty's Army, shall take precedence in the said Council next after the person lawfully discharging the functions of Attorney- General in the Island).
(2) The other Members shall rank amongst themselves in the order of date of their appointment or election, and two or more Members appointed or elected on the same day shall rank in the alphabetical order of their names; provided that:-
(a) every such Member re-appointed or re-elected, whether immediately on the termination of his term of office or subsequently, shall take precedence according to the date from which he originally became a Member of the Council as constituted by the Ceylon (Legislative Council) Order in Council, 1920, the Order in Council of 1923, or this Order. (b) In the case of Members for the same constituency elected on the same day, a Member who received a greater number of votes than another Member shall be deemed to have been elected before such other Member; and
(c) At any meeting of the Legislative Council the elected Vice-President shall have precedence over all other Members of the Legislative Council.
8.-(1) The Nominated Members of the Council shall hold their seats until the next dissolution of the Council after their appointment, unless any such Member shall, with the permission of the Governor, have previously resigned his seat by writing under his hand or have become permanently an Ex-officio Member of the Council, or have died or been removed by virtue of instructions or warrants under His Majesty's Sign Manual and Signet, or suspended by the Governor under the power for that purpose hereby vested in him, but may be re-appointed.
(2) Provided that if any Nominated Official Member of the Council ceases to hold public office under the Crown in the Island, his seat in the Council shall thereupon become vacant.
9. Any person holding a public office in the Island under the Crown may be required to serve as a Nominated Official Member of the Council, and if any such person having been appointed by His Majesty or by the Governor a Member shall decline to act in that capacity, he shall ipso facto vacate his office.
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10. The Nominated Members of the Council shall be appointed Appointment of by Instruction or Warrant under His Majesty's Sign Manual and Nominated Signet, or by the Governor by an Instrument under the Public Members. Seal of the Island in pursuance of His Majesty's instructions through one of His Principal Secretaries of State, or, provisionally, by the Governor in manner hereinafter mentioned.
Nominated 11-(1) The Governor may, by an Instrument under the public Suspension of
Members. Seal of the Island, suspend any Nominated Member from the exercise of his functions as a Member of the Council.
(2) Every such suspension shall be forthwith reported by the Governor to one of His Majesty's Principal Secretaries of State, and shall remain in force unless and until either it shall be removed by the Governor by an Instrument under the said Scal, or it shall be disallowed by His Majesty through one of His Principal Secretaries of State, and such disallowance shall be published in the Government
Gazette.
Members.
12. Whenever any Nominated Member shall be suspended from Temporary the exercise of his functions as a Member of the Council, or shall be appointment of declared by the Governor by an Instrument in writing under the Nominated Public Seal of the Island to be incapable of exercising his functions as a Member of the Council, or shall be temporarily absent from the Island, or shall temporarily become an Ex-officio Member of the Council, the Governor may in manner hereinafter mentioned appoint in his place some fit person to be provisionally a Nominated Member of the Council.
13.-(1) Every provisional appointment of a Nominated Member Manner and
sional appoint- shall be made by an Instrument under the Public Seal of the Colony effect of provi-
ments. and shall without delay be reported to His Majesty through one of His Principal Secretaries of State.
(2) Every such appointment may be disallowed or confirmed by His Majesty through one of His Principal Secretaries of State, and, until so disallowed or confirmed, may be revoked by the Governor by an Instrument under the said Seal.
(3) Every person so provisionally appointed shall be to all intents and purposes a Member of the Council until his appointment shall be disallowed or revoked, or, in the case of a Member appointed under Article 12, until his appointment shall be disallowed or revoked or the person in whose place he has been appointed shall be relieved from suspension, or declared by the Governor by an Instrument under the Public Seal of the Island to be capable of exercising the functions of a Member of the Council, or shall return to the Island, or shall cease to be an Ex-officio Member, as the case may be.
14. (1) A person shall be disqualified for election as a Member Qualifications of if he :-
(a) is a holder of any public office under the Crown in the
Island; or
(b) is a Government contractor; or
(c) is under 25 years of age; or
(d) is not a British subject; or
(e) is a citizen or subject of any foreign Power; or
(f) is unable to speak, read, and write the English language; or
(g) is not qualified to be registered, or is not actually registered
as a voter for some constituency; or
(h) is an uncertificated bankrupt or an undischarged bankrupt
or insolvent; or
(i) has been dismissed from the Government service in conse-
quence of an offence involving moral turpitude; or
(j) is not capable of being elected a Member by reason of his conviction for a corrupt practice or an illegal practice or the the report of an election judge in accordance with, provisions of this Order; or
Elected Members.
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