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THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

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CHAPTER IX - THE EXECUTIVE

The Public Service

 

Appointments by the President.

54. The President shall appoint all public officers required by the Constitution or other written law to be appointed by the President, as well as the Attorney-General and the Heads of the Army, the Navy, the Air Force and the Police Force.

 

The Public Service.

55. (1) Subject to the provisions of the Constitution, the appointment, transfer, dismissal and disciplinary control of public officers is hereby vested in the Cabinet of Minis­ters, and all public officers shall hold office at pleasure.

(2) The Cabinet of Ministers shall not delegate its powers of appointment, transfer, dismissal and disciplinary control in respect of Heads of Departments.

(3) The Cabinet of Ministers may from time to time delegate its powers of appointment, transfer, dismissal and disciplinary control of other public officers to the Public Service Commission :

Provided that the Cabinet of Ministers may, from time to time and notwithstanding any delegation under this Article, delegate to any Minister its power of transfer in respect of such categories of officers as may be specified, and upon such delegation, the Public Service Commission or any committee thereof shall not exercis1e such power in respect of such categories of officers.

For the purposes of this proviso, “transfer” means the moving of a public officer from one post to another post in same service or in the same grade of the same Ministry or Department with no change in salary.

(4) Subject to the provisions of the Constitution, the Cabinet of Ministers shall provide for and determine all matters relating to public officers, including the formulation of schemes of recruitment and codes of conduct for public officers, the principles to be followed in making promotions and transfers, and the procedure for the exercise and the delegation of the powers of appointment, transfer, dismissal and disciplinary control of public officers.

(5) Subject to the jurisdiction conferred on the Supreme Court under paragraph (1) of Article l26 no court or tribunal shall have power or jurisdiction to inquire into, pronounce upon or in any manner call in question, any order or decision of the Cabinet of Ministers, a Minister, the Public Service Commission, a Committee of the Public Service Commission or of a public officer, in regard to any matter concerning the appointment, transfer, dismissal or disciplinary control of a public officer.

(6) For the purposes of this Article and Articles 56 to 59 (both inclusive) “public officer” does not include a member of the Army, Navy or Air Force.

 

Public Services Commission.

56. (1) There shall be a Public Service Commission which shall consist of not less than five persons appointed by the President. The President shall nominate one of the members of the Commission to be the Chairman.

(2) No person shall be appointed or continue as a member of the Public Service Commission if he is a Member of Parliament.

(3) Every person who, immediately before his appointment as a member of the Public Service Commission, was a public officer or a judicial officer shall, when such appoint­ment takes effect, cease to hold such office, and shall be ineligible for further appointment as a public officer or judicial officer

Provided that any such person shall, until he ceases to be a member of the Public Service Commission, or while continuing to be such a member, attains the age at which he would, if he were a public officer or a judicial officer, as the case may be, be required to retire, be deemed to be a public officer or a judicial officer, and to hold a pensionable office in the service of the State, for the purposes of any provision relating to the grant of pensions, gratuities or other allowances in respect of such service.

(4) Every member of the Public Service Commission shall hold office for a period of five years from the date of his appointment, unless he earlier resigns his office by a writing under his hand addressed to the President, or is removed from office by the President for cause assigned, but shall be eligible for reappointment.

(5) The President may grant leave from his duties to any member of the Public Service Commission and may appoint a person qualified to be a member of the Public Service Commission to be a temporary member for the period of such leave.

(6) A member of the Public Service Commission shall be paid such salary as may be determined by Parliament. The salary payable to any such member shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(7) There shall be a Secretary to the Public Service Commission who shall be appointed by the Commission.

(8) The quorum for any meeting of the Commission shall be three members.

(9) The Public Service Commission shall have power to act notwithstanding any vacancy in its membership, and no act or proceeding of the Commission shall be, or be deemed to be, invalid by reason only of any such vacancy or any defect in the appointment of a member.

(10) For the purposes of Chapter IX of the Penal Code, a member of the Public Service Commission shall be deemed to be a public servant.

 

Committees of Public Service Commission.

57. (1) Whenever the Cabinet of Ministers so directs the Chairman of the Public Service Commission shall appoint a Committee of the Public Service Commission to exercise the powers of the Commission in respect of such categories of public officers as are specified in such direction.

(2) Upon a direction being made under paragraph (1) of this Article, the Chairman of the Public Service Commis­sion shall appoint a Committee consisting of three members of the Public Service Commission. Where such Chairman is a member of the Committee so appointed, he shall be the Chairman of the Committee, and where he is not a member of the Committee so appointed, then such member of that Committee as may be nominated in writing by such Chairman, shall be the Chairman of that Committee.

(3) Upon the appointment of any such Committee, the Public Service Commission shall cease to exercise its powers of appointment, transfer, dismissal and disciplinary control in respect of the categories of public officers specified in the direction for the appointment of such Committee.

(4) There shall be a Secretary to each such Committee who shall be appointed by the Public Service Commission.

(5) The quorum for any meeting of any such Committee shall be two members.

(6) Any such Committee shall have power to act not­withstanding any vacancy in its membership and any act or proceeding of any such Committee shall not be, or be deemed to be, invalid by reason only of any such vacancy or any defect in the appointment of a member.

 

Delegation by Public service Commission or any Committee thereof.

58. (1) The Public Service Commission or any Commit­tee thereof may delegate to a public officer, subject to such conditions as may he prescribed by the Cabinet of Ministers, its powers of appointment, transfer, dismissal or disciplinary control of any category of public officers.

(2) Any public officer aggrieved by any order of transfer or dismissal, or any other order relating to a disciplinary matter made by a public officer to whom the Public Service Commission or any Committee thereof has delegated its powers under the preceding paragraph shall have a right of appeal to the Public Service Commission or such Committee, as the ease may be.

 

Power of Cabinet of Ministers to alter, vary, or rescind appointments &c.

59. The Cabinet of Ministers shall have the power to alter, vary or rescind -

(a) any appointment, order of transfer or dismissal or any other order relating to a disciplinary matter made, on appeal or otherwise, by the Public Service Commission or a Committee thereof;

(b) any order of transfer made by a Minister; or

(c) any appointment made by a public officer to whom the Public Service Commission or any Committee thereof has delegated its powers under Article 58 (1).

 

Interference with Public Service Commission &c. an offence.

60. Every person who, otherwise than in the course of his duty, directly or indirectly, by himself or by any other person, in any matter whatsoever, influences or attempts to influence any decision of the Public Service Commission, or of any Committee thereof, or of any member of such Commission or of any public officer exercising any powers delegated by such Commission or Committee, shall be guilty of an offence, and shall, on conviction by the High Court after trial without a jury be liable to a fine not exceeding one thousand rupees or to imprisonment for a term not exceeding one year or to both such fine and such imprison­ment and fine:

Provided that nothing in this Article shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any public office.

 

Official oath or affirmation.

61. A person appointed to any office referred to in this Chapter shall not enter upon the duties of his office until he takes and subscribes the oath or makes and subscribes the affirmation set out in the Fourth Schedule.

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