Local Government Act, 1955

Amendment of section 6 of Principal Act.

27.—(1) Section 6 of the Principal Act is hereby amended by the addition of the following subsections:—

“(5) Subsection (4) of this section shall have effect subject to the proviso that where the local authority specify a period (not less than three months) within which the person who is recommended by the Commissioners or who is thought proper by the local authority to be appointed (as the case may be) is to take up duty and notify him of the period so specified, the local authority shall not appoint him unless he takes up duty within that period.

(6) If a person referred to in subsection (5) of this section does not take up duty within the period notified to him—

(a) the local authority shall request the Commissioners to recommend to them a person for appointment to the office,

(b) if the local authority does not, within three months after the expiration of the said period, request the Commissioners to recommend to them a person for appointment to the office, the Minister may on behalf of the local authority request the Commissioners to recommend to the local authority a person for appointment to the office,

(c) when a request has been made as aforesaid by the local authority or the Minister (as the case may be), subsections (3), (4) and (5) of this section and this subsection shall apply by reference to such request.”

(2) As well as applying in any case in which a request or recommendation is made under section 6 of the Principal Act after the commencement of this section, the provisions contained in subsection (1) of this section shall also apply in any case in which, on such commencement, a request which has not been followed by a recommendation or a recommendation which has not been followed by an appointment stands made under the said section 6.