CO885-11 — Page 249

247

PUBLIC RECORD OFFICE

Reference :-

C.O.882/11

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC. | COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON |

Short title, publi- cation, and

commencement.

Revocation of the

Ceylon (Legisla. tive Council) Order in Council,

1923, and the Ceylon (Legisla- tive Council) Amendment Order in Council,

1924.

Interpretation.

4

THE CEYLON (LEGISLATIVE COUNCIL) ORDER IN

COUNCIL, 1925.

WHEREAS by the Ceylon (Legislative Council) Order in Council, 1923 (in this Order referred to as the Order in Council of 1923),, His Majesty, by and with the advice of His Privy Council, was pleased to make provision for the constitution of a Legislative Council for the Island of Ceylon, with the Territories and Dependencies thereof:

And whereas the Order in Council of 1923 was by the Ceylon (Legislative Council) Amendment Order in Council, 1924, amended in certain particulars:

And whereas in both the said Orders in Council His Majesty reserved to Himself, His Heirs and Successors, power, with the advice of His or Their Privy Council, to revoke, alter, or amend the same as to Him or Them should seem fit :

And whereas a Legislative Council has been duly constituted in accordance with the provisions of the Order in Council of 1923 as amended as aforesaid:

And whereas it is expedient to revoke both the said Orders in Council and to reproduce the substance thereof with certain alterations and additions:

And whereas His Majesty has power, by and with the advice of His Privy Council, to pass laws in and for the Island:

Now, therefore, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows :—

PRELIMINARY.

1. This Order may be cited as the Ceylon (Legislative Council) Order in Council, 1926. It shall be published in the Government the date of such Gazette, and shall come into operation on publication.

2. The Order in Council of 1923 and the Ceylon (Legislative Council) Amendment Order in Council, 1924, are hereby revoked, but such revocation shall not prejudice anything lawfully done thereunder, or affect or prevent a prosecution for an offence committed before the commencement of this Order. And, notwith- standing such revocation, the Council constituted under the said Orders in Council shall be deemed to have been constituted under this Order and shall continue to exist and to have, possess, and

upon exercise all the privileges, powers, and functions conferred by this Order.

it

a

3.-(1) In this Order, unless the context otherwise requires "Candidate" means any person who is nominated as

candidate at an election or is declared by himself to be as a candidate for election to any vacant or acts constituency.

66

The term persons holding public office under the Crown in the Island" and cognate expressions shall not include-

(a) Persons who are not in the permanent employ- ment of the Crown in the Island, but shall include persons serving the Crown in the Island for a term of years;

(b) Persons in the employment of Municipal Councils, District Councils, the Board of Improvement of Nuwara Eliya, Local Boards, Sanitary Boards and

5

Boards of Health, Provincial and District Committees, and Village Committees;

(c) Crown Proctors;

(d) Crown Advocates not being Crown Counsel.

The term "British subject" includes persons who have been naturalized under any Act of the Imperial Parliament, or under any enactment of a British Possession, as well as natural-born subjects of His Majesty.

The term " Burgher" means a person who-

(a) is the descendant in the male line of a European who, on or before the fifteenth day of February, 1796, was in the service or under the rule of the Dutch East India Company of Ceylon, or is descended from any such descendant in the female line by marriage with a European; or

(b) is of legitimate birth, and is descended in the female line from any such descendant as aforesaid, and is able to speak, read, and write the English language.

""

The term "Ceylon Tamil means a person commonly known as a Ceylon Tamil, and includes a member of the community known as the Colombo Chetties.

""

The term "European means a person commonly known as

a European.

11

The term "Indian means a person speaking an Indian vernacular language as his mother tongue who or whose father or paternal grandfather was born in India. For the purposes of this definition, "India" means British India or the Territories of any Native Prince or Chief under the Suzerainty of His Majesty exercised through the Governor-General of India or through any Governor or other officer subordinate to the Governor-General of India. The term Member"

Council.

26

means a Member of the Legislative

"Nominated The term "Nominated Member" includes a

"Nominated Unofficial Member." Official Member" and

(2) In the construction of this Order the provisions of the Interpretation Ordinance, 1901, shall, subject to the express provisions of this Order, and notwithstanding any provision to the contrary in such Ordinance, apply as if this Order were an Ordinance of the Legislative Council of the Island.

(3) The appointment by the Governor of any person to do any act or perform any duties or fill any office under this Order may he revoked at any time by the Governor.

CONSTITUTION OF COUNCIL.

4. The Council shall consist of twelve Official Members and Composition of thirty-seven Unofficial Members.

5. The Official Members of the Council shall be :-

(1) The following persons (herein referred to as ex-officio

members) :-

C

(a) The Senior Military Officer for the time being in command of His Majesty's regular troops in the Island if not below the rank of Captain in His Majesty's Army; and

Legislative Council.

Official Members.