|
SEVENTEENTH
AMENDMENT TO THE
CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA |
[Certified
on 3rd October, 2001]
L. D.
- O. 47/2001.
AN ACT
TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI
LANKA
BE it
enacted by the Parliament of the Democratic Socialist Republic of Sri
Lanka as follows :-
Short
title.
1. This Act may be
cited as the Seventeenth Amendment to the Constitution.
Insertion
of Chapter VIIA in the Constitution of the Democratic Socialist
Republic of Sri Lanka.
2. The Constitution of
the Democratic Socialist Republic of Sri Lanka (hereinafter referred
to as the "Constitution") is hereby amended by the insertion
immediately after Article 41 of the Constitution of the following new
Chapter, which shall have effect as Chapter VIIA of the Constitution
:-
'CHAPTER
VIIA
THE
CONSTITUTIONAL COUNCIL
Constitution
of the Constitutional Council.
41A.
(1) There shall be a Constitutional Council (in this Chapter referred to
as the “Council”) which shall consist of the following members :-
(a)
the Prime Minister ;
(b)
the Speaker ;
(c)
the Leader of the Opposition in Parliament ;
(d)
one person appointed by the President ;
(e)
five persons appointed by the President, on the nomination of both
the Prime Minister, the Leader of the Opposition;
(f)
one person nominated upon agreement by the majority of the Members
of Parliament belonging to political parties or independent groups other
than the respective political parties or independent groups to which the
Prime Minister and the Leader of the Opposition belongs and appointed by
the President.
(2)
The Speaker shall be the Chairman of the Council.
(3) In
nominating the five persons referred to in subparagraph (e) of paragraph
(1) of this Article, the Prime Minister and the Leader of the Opposition
shall consult the leaders of the political parties and independent groups
represented in Parliament. Three of such persons shall, in consultation
with the Members of Parliament who belong to the respective minority
communities, be nominated to represent minority interests.
(4)
The persons to be appointed or nominated as the case may be, under
sub-paragraphs (d), (e) and (f) of paragraph (1) of this Article, shall be
persons of eminence and integrity who have distinguished themselves in
public life and who are not members of any political party.
(5)
The President shall upon receipt of a written communication of the
nominations under sub-paragraph (e) or sub-paragraph (f) of paragraph (1)
of this Article, forthwith, make the respective appointments.
(6)
(a) On the dissolution of Parliament, notwithstanding the provisions of
paragraph (2) of Article 64 of the Constitution, the Speaker shall
continue to hold office as a member of the Council, until a Member of
Parliament is elected to be the Speaker under paragraph (1) of the
aforesaid Article ;
(b)
Notwithstanding the dissolution of Parliament, the Leader of the
Opposition shall continue to hold office as a member of the Council, until
such time after a General Election following such dissolution, a Member of
Parliament is recognised as the Leader of the Opposition in Parliament.
(7)
Every member of the Council appointed under sub-paragraph (e) and
sub-paragraph (f) of paragraph (1) of this Article, shall hold office for a
period of three years from the date of appointment as such member, unless
he earlier resigns his office by writing addressed to the President, or is
removed from office by the President on both the Prime Minister and the
Leader of the Opposition forming an opinion that such member is physically
or mentally incapacitated and is unable to function further in office, or
is convicted by a court of law for any offence involving moral turpitude
or if a resolution for the imposition of civic disability upon him has
been passed in terms of Article 81 of the Constitution or is deemed to
have vacated his office under paragraph (7) of Article 41E.
(8) In
the event of there being a vacancy among the members appointed under
sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of this Article,
the President shall, within two weeks of the occurrence of such vacancy
and having regard to the provisions of the aforementioned sub-paragraphs,
appoint another person to succeed such member. Any person so appointed,
shall hold office during the unexpired part of the period of office of the
member whom he succeeds.
(9)
The member, appointed under sub-paragraph (d) of paragraph (1) of this
Article shall, unless earlier removed from office by the President, hold
office for a period of three years.
(10) A
Member appointed under sub-paragraph (e) or sub-paragraph (f) of paragraph
(1) of this Article, shall not be eligible for re-appointment under those
sub-paragraphs.
(11)
The appointments made by the President under sub-paragraph (d),
sub-paragraph (e) and sub-paragraph (f) of paragraph (1) of this Article
shall be communicated to the Speaker.
Council
to recommend appointments.
41B.
(1) No person shall be appointed by the President as the Chairman or a
member of any of the Commissions specified in the Schedule to this
Article, except on a recommendation of the Council.
(2)
The provisions of paragraph (1) of this Article shall apply in respect of
any person appointed to act as the Chairman or a member of any such
Commission.
(3) It
shall be the duty of the Council to recommend to the President persons for
appointment as Chairmen or members of the Commissions specified in the
Schedule to this Article, whenever the, occasion for such appointment
arises, and such recommendations shall reflect the different ethnic
groups.
(4) No
person appointed under paragraph (1) of this
Article or a person appointed to act as the Chairman or a member of any
such Commission shall be removed except as provided for in the
Constitution or in any law, and where no such provision is made, such
person shall be removed by the President only with the prior approval of
the Council.
SCHEDULE
(a)
The Election Commission.
(b)
The Public Service Commission.
(c)
The National Police Commission.
(d)
The Human Rights Commission of Sri Lanka.
(e)
The Permanent Commission to Investigate Allegations of Bribery or
Corruption.
(f)
The Finance Commission.
(g)
The Delimitation Commission.
Council
to approve appointments.
41C.
(1) No person shall be appointed by the President to any of the
Offices specified in the Schedule to this Article, unless such appointment
has been approved by the Council upon a recommendation made to the Council
by the President.
(2)
The provisions of paragraph (1) of this Article shall apply in respect of
any person appointed to act for a period exceeding fourteen days in any
office specified in the Schedule to this Article.
(3) No
person appointed to any Office specified in the Schedule to this Article
or to act in any such Office, shall be removed from such Office except as
provided for in the Constitution or in any law.
(4) In
the discharge of its functions relating to the appointment of Judges of
the Supreme Court and the President and Judges of the Court of Appeal, the
Council may obtain the views of the Chief Justice and the
Attorney-General.
SCHEDULE
PART I
(a)
The Chief Justice and the Judges of the Supreme Court.
(b)
The President and the Judges of the Court of Appeal.
(c)
The Members of the Judicial Service Commission other than the
Chairman.
PART
II
(a)
The Attorney-General.
(b)
The Auditor-General.
(c)
The Inspector-General of Police.
(d)
The Parliamentary Commissioner for Administration (Ombudsman).
(e)
The Secretary-General of Parliament.
Secretary and other
officers of the Council.
41D.
(1) There shall be a Secretary to the Council who shall be appointed by
the Council.
(2)
The Council may appoint such officers as it considers necessary for the
discharge of its functions, on such terms and conditions as shall be
determined by the Council.
Meetings of the Council.
41E.
(1) The Council shall meet as often as may be necessary to discharge the
functions assigned to the Council by the provisions of this Chapter or by
any other law, and such meetings shall be summoned by the Secretary to the
Council in the direction of the Chairman of the Council.
(2)
The Chairman shall preside at all meetings of the Council, and in the
absence of the Chairman, the Prime Minister, and in the absence of the
Prime Minister, the Leader of the Opposition shall preside at the meetings
of the Council. Where the Chairman, the Prime Minister and the Leader of
the Opposition are all absent from any such meeting, the members present
shall elect a member from among themselves to preside at such meeting.
(3)
The quorum for any meeting of the Council shall be six members.
(4)
The Council shall endeavour to make every recommendation, approval or
decision it is required to make by unanimous decision, and in the absence
of an unanimous decision, no recommendation, approval
or decision made shall be valid, unless supported by not less than five
members of the Council present at such meeting.
(5)
The Chairman shall not have an original vote, but in the event of an
equality of votes on any question for decision at any meeting of the
Council, the Chairman or other member presiding at such meeting, shall
have a casting vote.
(6)
The procedure in regard to meetings of the Council and the transaction of
business at such meetings shall be determined by the Council, including
procedures to be followed in regard to the recommendation or approval of
persons suitable for any appointment under Article 41B or Article 41C.
(7)
Any member of the Council appointed under sub-paragraph (e) of paragraph
(1) of Article 41A, who without obtaining prior leave of the Council
absents himself from two consecutive meetings of the Council, shall be
deemed to have vacated office with effect from the date of the second of
such meetings.
Council to perform
other duties.
41F.
The Council shall perform and discharge such other duties and
functions as may be imposed or assigned to the Council by the
Constitution, or by any other law.
Expenses to be charged
on the Consolidated Fund.
41G.
The expenses incurred by the Council shall be charged on the Consolidated
Fund.
Finality of decisions
of the Council.
41H.
Subject to the provisions of paragraphs (1), (2), (4), and (5) of Article
126, no court shall have the power or jurisdiction to entertain, hear or
decide or call in question on any ground whatsoever, or in a any manner
whatsoever, any decision of the Council or any approval or recommendation
made by the Council, which decision, recommendation or approval shall be
final and conclusive for all purposes.'.
Amendment
of Article 52 of the Constitution.
3.
Article 52 of the Constitution is hereby amended by the repeal of
paragraph (7) of that Article, and the substitution therefor of the
following paragraph :-
"(7)
For the purposes of this Article -
(a)
the Office of the Secretary-General of Parliament, the Office of
the Parliamentary Commissioner for Administration (Ombudsman), the
Constitutional Council, the Public Service Commission, the Election
Commission, the National Police Commission and the Office of the Secretary
to the Cabinet of Ministers; and
(b)
the Department of the
Auditor-General,
shall
be deemed not to be departments of Government.".
Replacement
of Chapter IX of the Constitution.
4.
Chapter IX of the Constitution is hereby replaced and the following
Chapter substituted therefor :-
'CHAPTER
IX - THE EXECUTIVE
The
Public Service
Public
Service Commission.
54.
(I) There shall be a Public Service Commission (in this Chapter referred
to as the “Commission") which shall consist of nine members
appointed by the President on the recommendation of the Constitutional
Council, of whom not less than three members shall be persons who have had
over fifteen years experience as a public officer. The President on the
recommendation of the Constitutional Council shall appoint one member as
its Chairman.
(2)
No person shall be appointed as a member of the Commission or continue to
hold office as such member if he is or becomes a member of Parliament, a
Provincial Council or a local authority.
(3)
Every person who immediately before his appointment as a member of the
Commission was a public officer in the service of the State or a judicial
officer, shall, upon such appointment taking effect cease to hold such
office and shall be ineligible for further appointment as a public officer
or a 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 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 purpose of any provision relating to the grant of pensions,
gratuities and other allowances in respect of such service.
(4)
Every member of the Commission shall hold office for a period of three
years from the date of his appointment, unless he becomes subject to any
disqualification under paragraph (2) of this Article or earlier resigns
from his office by writing addressed to the President or is removed from
office by the President on the recommendation of the Constitutional
Council or is convicted by a court of law of any offence involving moral
turpitude or if a resolution for the imposition of civic disability upon
him has been passed in terms of Article 81 or is deemed to have vacated
his office under paragraph (5) of
this Article.
(5)
A member of the Commission shall be eligible for reappointment as a
member, but shall not be eligible for appointment as a public officer or a
judicial officer after the expiry of his term of office
as a member. No
member shall be eligible to hold office as a member of the Commission for
more than two terms.
(6)
A member of the Commission who without obtaining prior leave of the
Commission absents himself from three consecutive meetings of the
Commission, shall be deemed to have vacated office with effect from the
date of the third of such meetings, and shall not be eligible thereafter
to be reappointed as a member of the Commission.
(7)
The President may grant a member leave from the performance of his duties
relating to the Commission for a period not exceeding two months and shall
for the duration of such period on the recommendation of the
Constitutional Council, appoint a person qualified to be a member of the
Commission to be a temporary member for the period of such leave.
(8)
A member of the Commission shall be paid such emoluments as may be
determined by Parliament. The emoluments paid to a member of the
Commission shall be charged on the Consolidated Fund and shall not be
diminished during the term of office of such member.
(9)
The Commission shall have the power to act notwithstanding any vacancy in
its membership, and no act, proceeding or decision of the Commission shall
be or be deemed to be invalid by reason only of such vacancy or any defect
in the appointment of a member.
(10)
There shall be a Secretary to the Commission who shall be appointed by the
Commission.
(11)
The members of the Commission shall be deemed to be public servants,
within the meaning and for the purposes of Chapter IX of the Penal Code.
Powers
and Functions of Cabinet of Ministers and of the Commission.
55.
(1) The appointment, promotion, transfer, functions of disciplinary
control and dismissal of
public officers shall be vested in the Commission.
(2)
The Commission shall not derogate from the functions and powers of the
Provincial Public Service Commissions established by law.
(3)
Notwithstanding the provisions of paragraph (1) of this Article, the
appointment, promotion, transfer, disciplinary control and dismissal of all
Heads of Departments shall vest in the Cabinet of Ministers, who shall
exercise such powers after ascertaining the views of the Commission.
(4)
Subject to the provisions of the Constitution, the Cabinet of Ministers
shall provide for and determine all matters of policy relating to public
officers.
(5)
The Commission shall be responsible and answerable to Parliament in
accordance with the provisions of the Standing Orders of Parliament for
the exercise and discharge of its powers and functions, and shall forward
to Parliament in each calendar year, a report of its activities for such
year.
Committees
of the Commission.
56.
(1) The Commission may delegate to a Committee consisting or three
persons (not being members of the Commission) appointed by the Commission,
the powers of appointment, promotion, transfer, disciplinary control and
dismissal of such categories of public officers as are specified by the
Commission.
(2)
The Commission shall cause the appointment, of any such Committee to be
published in the Gazette.
(3)
The procedure and quorum for meetings of any such Committee shall be as
determined by the Commission by rules made in that behalf. The Commission
shall cause such rules to be published in the Gazette.
(4)
There shall be a Secretary to each Committee, who shall be appointed by
the Commission.
Delegation
of powers to a public officer.
57.
(1) The Commission may delegate
to a f Powers to public officer, subject to such conditions and procedure
as may be determined by the Commission, its powers of appointment,
promotion, transfer, disciplinary control and dismissal of such category
of public officers as are specified by the Commission.
(2)
The Commission shall cause any such delegation to be published in the
Gazette, including the conditions and procedure determined by the
Commission for such purpose.
Right
of Appeal.
58.
(1) Any public officer aggrieved by an order relating to a promotion,
transfer, dismissal or an order on a disciplinary matter made by a
Committee or any public officer under Article 56 or Article 57, in respect
of the officer so aggrieved, may appeal to the Commission against such
order in accordance with such rules made by the Commission from time to
time, relating to the procedure to be followed in the making, hearing and
determination of an appeal made to the Commission and the period fixed
within which an appeal should he heard and concluded.
(2)
The Commission shall have the power upon such appeal to alter, vary,
rescind or confirm an order against which an appeal is made, or to give
directions in relation thereto, or to order such further or other inquiry
as to the Commission shall seem fit.
(3)
The Commission shall cause to be published in the Gazette the rules made
by it under paragraph (1) of this Article.
Administrative
Appeals Tribunal.
59.
(1) There shall be an Administrative Appeals Tribunal appointed by the
Judicial Service Commission.
(2)
The Administrative Appeals Tribunal shall have the power to alter, vary or
rescind any order or decision made by the Commission.
(3)
The constitution, powers and procedure of such Tribunal, including the
time limits for the preferring of appeals, shall be provided for by law.
Commission
not to exercise power where there is delegation.
60.
Upon delegation of any of its powers to a Committee or a public officer
appointed under Article 56 or Article 57 as the case may be, the
Commission shall not, while such delegation is in force, exercise or
perform its functions or duties in regard to the categories of public
officers in respect of which such delegation is made, subject to the
provisions contained in paragraphs (1) and (2) of Article 58.
Procedure
at meetings.
61.
(1) The quorum for a meeting of the Commission shall be five
members.
(2)
All decisions of the Commission shall be made by a majority of votes of
the members present at the meeting. In the event of an equality of votes,
the member presiding at the meeting shall have a casting vote.
(3)
The Chairman of the Commission shall preside at all meetings of the
Commission, and in his absence, a member elected by the members present
from amongst themselves, shall preside at such meeting.
Immunity
from legal proceedings.
61A.
Subject to the provisions of paragraphs (1), (2), (3), (4) and (5) of
Article 126, no court or tribunal shall have power or
jurisdiction to inquire into or pronounce upon or in any manner call in
question any order or decision made by the Commission, a Committee, or any
public officer, in pursuance of any power or duty conferred or imposed on
such Commission, or delegated to a Committee or public officer, under this
Chapter or under any other law.
Savings
of rules and regulations in force.
61B.
Until the Commission otherwise provides, all rules, regulations and
procedures relating to the public service as are in force on the date of
the coming into operation of this Chapter, shall, mutatis mutandis,
be deemed to continue in force as rules, regulations and procedures
relating to the public service, as if they had been made or provided for
under this Chapter.
Interference
with the Commission.
61C.
(1) Every person who, otherwise than in the course of such person's lawful
duty, directly or indirectly by himself or by or with any other person, in
any manner whatsoever influences or attempts to influence or interferes
with any decision of the Commission, or a Committee or a public officer to
whom the Commission has delegated any power under this Chapter, or to so
influence any member of the Commission or a Committee, shall be guilty of
an offence and shall on conviction be liable to a fine not exceeding one
hundred thousand rupees or to imprisonment for a term not exceeding seven
years, or to both such fine and imprisonment.
(2)
Every High Court established under Article 154P of the Constitution shall
have jurisdiction to hear and determine any matter referred to in
paragraph (1) of this Article.
Oath
or affirmation of office.
61D.
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 to the Constitution.
Appointments
by the President.
61E.
The President shall appoint -
(a)
the Heads of the Army, the Navy and the Air Force; and
(b)
subject to the provisions of Article 41C, the Attorney General and
the Inspector General of Police.
Interpretation.
61F.
For the purposes of this Chapter "public officer" does not
include a member of the Army, Navy, or Air Force, an officer of the
Election Commission appointed by such Commission, a police officer
appointed by the National Police Commission or a
scheduled public officer
appointed by the Judicial Service Commission.’.
Amendment
of Article 65 of the Constitution.
5.
Article 65 of the Constitution is hereby amended as follows :-
(1) in
paragraph (1) of that Article, by the substitution for the words
"shall be appointed by the President", of the words "shall,
subject to the provisions of Article 41C, be appointed by the President
" ; and
(2) in
paragraph (6) of that Article, by the substitution for the words
"President may appoint a person", of the words "President
may, subject to the provisions of Article 41C, appoint a person".
Amendment
of Article 89 of the Constitution.
6.
Article 89 of the Constitution is hereby amended in paragraph (j) of that
Article, by the substitution for the words and figures “Article
116"of the words and figures "Article 116 or Article 111C, as
the case may be”.
Amendment
of Article 91 of the Constitution.
7.
Article 91 of the Constitution is hereby amended in paragraph (1) thereof,
as follows :-
(1) by
the insertion immediately after sub-paragraph (d)(iv) of that paragraph,
of the following new sub-paragraph :-
"(iva)
a member of a Provincial Public Service Commission,"
(2) by
the substitution for subparagraph (d)(v) of that paragraph, of the
following sub-paragraph :-
“(v)
the Commissioner-General of Elections,";
(3) by
the insertion immediately after sub-paragraph (d)(v) of that paragraph, of
the following new sub-paragraphs :-
"(va)
a member of the Election Commission,
(vb) a
member of the Constitutional Council,
(vc) a
member of the National Police Commission," ; and
(4) by
the insertion immediately after sub-paragraph (d)(viiia) of that
paragraph, of the following new sub-paragraph :-
"(viiia)
an officer of a Provincial Public Service holding any office created after
February 01,1988, the initial of the salary scale of which is, on the date
of the creation of that office, not less than such amount as determined by
resolution of Parliament, or such other amount per annum as would,
under any subsequent revision of such salary scales, correspond to such
initial,".
Repeal
of Articles 103 and 104 of the Constitution.
8.
Article 103 and Article 104 of the Constitution are hereby repealed.
Insertion
of Chapter XIVA in the Constitution.
9. The
following new Chapter is hereby inserted immediately after Article 102 of
the Constitution and shall have effect as Chapter XIVA of the Constitution
:-
'CHAPTER
XIVA - ELECTION COMMISSION
Election
Commission.
103.
(1) There shall be an Election Commission (in this Chapter referred to as
the "Commission") consisting of five members appointed by the
President on the recommendation of the Constitutional Council, from
amongst persons who have distinguished themselves in any profession or in
the fields of administration or education. The President shall on the
recommendation of the Constitutional Council, appoint one member as its
Chairman.
(2)
The object of the Commission shall be to conduct free and fair elections
and Referenda.
(3)
No person shall be appointed as a member of the Commission or continue to
hold office as such member if he is or becomes a member of Parliament, a
Provincial Council or a local authority, or is or appointed a judicial
officer or public officer, or is or enters into the employment of the
State in any capacity whatsoever.
(4)
The provisions of the Constitution and any other law relating to the
removal of judges of the Supreme Court and the Court of Appeal from office
shall, mutatis mutandis, apply
to the removal of a member of the Commission from office.
(5)
A member of the Commission who without obtaining prior leave of the
Commission, absents from three consecutive meetings of the Commission,
shall be deemed to have vacated office with effect from the date of the
third of such meetings.
(6)
A member of the Commission shall hold office for a period of five years
from the date of appointment, unless he becomes subject to any
disqualification under paragraph (3) of this Article or earlier resigns
from office by writing addressed to the President or is removed from
office under paragraph (4) of this Article, or is convicted by a court of
law of any offence involving moral turpitude, or if a resolution for the
imposition of civic disability upon him has been passed in terms of
Article 81 or is deemed to have vacated office under paragraph (5) of this
Article.
(7)
The President may grant a member leave from the performance of his duties
relating to the Commission for a period not exceeding two months and may
appoint a person qualified to be a member of the Commission to be a
temporary member for the period of such leave. Every such appointment
shall be made on the recommendation of the Constitutional Council.
(8)
A member of the Commission shall be paid such emoluments as may be
determined by Parliament. The emoluments paid to a member of the
Commission shall be charged on the Consolidated Fund and shall not be
diminished during the term of office of the member.
(9)
All members of the Commission shall be deemed to be public servants within
the meaning and for the purposes of Chapter IX of the Penal Code.
Meetings
of the Commission.
104.
(1) The quorum for any meeting of the Commission shall be three members.
(2)
(a) The Chairman of the Commission shall preside at all meetings of the
Commission and, in the absence of the Chairman from any meeting of the
Commission, a member elected by the members present from amongst
themselves shall preside at such meeting.
(b) Decisions
of the Commission shall be by a majority of the members present and voting
at the meeting at which the decision is taken, and in the event of an
equality of votes, the Chairman or the member presiding at the meeting
shall have a casting vote.
(3)
The Commission shall have power to act notwithstanding any vacancy in the
membership of the Commission, and no act or proceeding or decision of the
Commission shall be invalid or be deemed to be invalid by reason only of
such vacancy or any defect in the appointment of a member.
Finality
of decisions and immunity from suit.
104A.
Subject to the jurisdiction conferred on the Supreme Court under paragraph
(1) of Article 126, Article 104H and Article 130, and on the Court of
Appeal by Article 144, and the jurisdiction conferred on any court by any
law to hear and determine election petitions or Referendum petitions,-
(a)
no court shall have the power or jurisdiction to entertain or hear
or decide or call in question on any ground and in any manner whatsoever,
any decision, direction or act of the Commission, made or done or
purported to have been made or done under the Constitution or under any
law relating to the holding of an election or the conduct of a Referandum
as the case may be, which decisions, directions or acts shall be final and
conclusive; and
(b)
no suit or prosecution or other proceeding shall lie against any
member or officer of the Commission for any act or thing which in good
faith is done or purported to be done by him in the performance of his
duties or the discharge of his functions under the Constitution or under
any law relating to the holding of an election or the conduct of a
Referandum as the case may be.
Powers,
functions and duties of the Commission.
104B.
(1) The Commission shall exercise, perform and discharge all
such powers, duties and functions conferred or imposed on or assigned to-
(a)
the Commission; or
(b)
the Commissioner-General of Elections,
by
the Constitution, and by the law for the time being relating to the
election of the President, the election of Members of Parliament, the
election of members of Provincial Councils, the election of members of
local authorities and the conduct of Referenda, including but not limited
to all the powers, duties and functions relating to the preparation and
revision of registers of electors for the purposes of such elections and
Referenda and the conduct of such elections and Referenda.
(2)
It shall be the duty of the Commission to secure the enforcement of all
laws relating to the holding of any such election or the conduct of
Referenda, and it shall be the duty of all authorities of the State
charged with the enforcement of such laws, to co-operate with the
Commission to secure such enforcement.
(3)
The Commission shall be responsible and answerable to Parliament in
accordance with the provisions of the Standing Orders of Parliament for
the exercise, performance and discharge of its powers, duties and
functions, and shall forward to Parliament for each calendar year a report
of its activities for such year.
(4)
(a) The Commission shall have the power during the period of an election,
to prohibit the use of any movable or immovable property belonging to the
State or any public corporation -
(i)
for the purpose of promoting or preventing the election of any
candidate or any political party or independent group contesting at such
election ;
(ii)
by any candidate or any political party or any independent group
contesting at such election.
by
a direction in writing by the Chairman of the Commission or of the
Commissioner-General of Elections on the instruction of the Commission.
(b)
It shall be the duty of every person or officer in whose custody or under
whose control such property is for the time being, to comply with and give
effect to such direction.
(5)
(a) The Commission shall have the power to issue from time to time, in
respect of the holding of any election or the conduct of a Referendum,
such guidelines as the Commission may consider appropriate to any
broadcasting or telecasting operator or any proprietor or publisher of a
newspaper as the case may be, as the Commission may consider necessary to
ensure a free and fair election.
(b)
It shall be the duty of the Chairman of the Sri Lanka Broadcasting
Corporation and the Chairman of the Sri Lanka Rupavahini Corporation, to
take all necessary steps to ensure compliance with any guidelines as are
issued to them under sub-paragraph (a).
(c)
Where the Sri Lanka Broadcasting Corporation and the Sri Lanka Rupavahini
Corporation as the case may be, contravenes any guidelines issued by the
Commission under sub-paragraph (a), the Commission may appoint a Competent
Authority by name or by office, who shall, with effect from the date of
such appointment, take over the management of such Broadcasting
Corporation or Rupavahini Corporation as the case may be, in respect of
all political broadcasts or any other broadcast, which in the opinion of
the Commission impinge on the election, until the conclusion of the
election and the Sri Lanka Broadcasting Corporation and the Sri Lanka Rupavahini Corporation, shall not, during such period, discharge any
function connected with or relating to such management which is taken over
by the Competent Authority.
(d)
Parliament may by law provide for the powers and functions of the
Competent Authority appointed under subparagraph (c).
Deployment
of Police by the Commission.
104C.
(1) Upon the making of an Order for the holding of an election or the
making of a Proclamation requiring the conduct of a Referendum, as the
case may be, the Commission shall notify the Inspector-General of Police
of the facilities and the number of police officers required by the
Commission for the holding or conduct of such election or Referendum, as
the case may be.
(2)
The Inspector-General of Police shall make available to the Commission the
facilities and police officers specified in any notification made under
paragraph (1) of this Article.
(3)
The Commission may deploy the police officers and facilities made
available to the Commission in such manner as is calculated to promote the
conduct of a free and fair election or Referendum, as the case may be.
(4)
Every police officer made available to the Commission under paragraph (2)
of this Article, shall be responsible to and act under the direction and
control of the Commission during the period of an election.
(5)
No suit, prosecution or other proceeding, shall lie against any police
officer made available to the Commission under this Article for any lawful
act or thing in good faith done by such police officer, in pursuance of a
direction of the Commission or his functioning under the Commission.
Deployment
of Armed Forces.
104D.
It shall be lawful for the Commission, upon the making of an Order for the
holding of an election or the making of a Proclamation requiring, the
conduct of a Referendum, as the case may be, to make recommendations to
the President regarding the deployment of the armed forces of the Republic
for the prevention or control of any actions or incidents which may be
prejudicial to the holding or conducting of a free and fair election or
Referendum, as the case may be.
Commissioner-General
of Elections and other officers of the Commission.
104E.
(1) There shall be a Commissioner-General of Elections who shall, subject
to the approval of the Constitutional Council, be appointed by the
Commission on such terms and conditions as shall be determined by the
Commission.
(2)
The Commissioner-General of Elections shall be entitled to be present at
meetings of the Commission, except where any matter relating to him is
being considered by the Commission. He shall have no right to vote at such
meetings.
(3)
The Commission may appoint such other officers to the Commission on such
terms and conditions as may be determined by the Commission.
(4)
The salaries of the Commissioner-General of Elections and the other
officers of the Commission, shall be determined by the Commission and
shall be charged on the Consolidated Fund.
(5)
The Commissioner-General of Elections shall, subject to the direction and
control of the Commission, implement the decisions of the Commission and
exercise supervision over the officers of the Commission.
(6)
The Commission may delegate to the Commissioner-General of Elections or
other officer of the Commission, any power, duty or function of' the
Commission, and the Commissioner-General of Elections or such officer
shall exercise, perform and discharge such power, duty or function,
subject to the direction and control of the Commission.
(7)
The office of the Commissioner-General of Elections shall become vacant-
(a)
upon his death ;
(b)
on his resignation in writing addressed to the Commission ;
(c)
on his attaining the age of sixty five years ;
(d)
on his removal by the Commission on account of ill health or
physical or mental infirmity ; or
(e)
on his removal by the Commission on the presentation of an address
of Parliament in compliance with the provisions of paragraph (8), for such
removal on the ground of proved misbehaviour or incapacity.
(8)
(a) The address referred to in sub-paragraph (e) of paragraph (7) of this
Article shall be required to be supported by a majority of the total
number of Members of Parliament (including those not present) and no
resolution for the presentation of such an address shall be entertained by
the Speaker or placed on the Order Paper of Parliament, unless notice of
such resolution is signed by not less than one-third of the total number
of Members of parliament and sets out full particulars of the alleged
misbehaviour or incapacity
(b)
Parliament shall by law or by Standing Orders, provide for all matters
relating to the presentation of such an address, including the procedure
for the passing of such resolution, the investigation and proof of the
alleged misbehaviour or incapacity and the right of the
Commissioner-General of Elections to appear and to be heard in person or
by representatives.
Returning
Officers.
104F.
(1) The Commission shall from time to time by notice published in the
Gazette appoint by name or by office a person to be a Returning Officer to
each electoral district, and may appoint by name or by office one or more
persons to assist the Returning Officer in the performance of his duties.
(2)
Every Officer appointed under paragraph (1) shall in the performance and
discharge of such duties and functions as are assigned to him, be subject
to such directions as may be issued by the Commission and shall be
responsible and answerable to the Commission therefor.
Public
officers.
104G.
All public officers performing duties and functions at any election or
Referenda shall act in the performance and discharge of such duties and
functions under the directions of the Commission, and shall be responsible
and answerable to the Commission therefor.
Power
of Supreme Court to issue writs.
104H.
(1) The jurisdiction conferred on the Court of Appeal under Article 140 of
the Constitution shall, in relation to any matter that may arise in the
exercise by the Commission of the powers conferred on it by the
Constitution or by any other law, be exercised by the Supreme Court.
(2)
Every application invoking the jurisdiction referred to in paragraph (1),
shall be made within one month of the date of the commission of the act to
which the application relates. The Supreme Court shall hear and finally
dispose of the application within two months of the filing of the same.
Interpretation.
104J.
In this Chapter “during the period of an election" shall mean the
period commencing on the making of a Proclamation or Order for the conduct
of a Referendum or for the holding of an election, as the case may be, and
ending on the date on which the result of poll taken at such Referendum or
election, as the case
may be, is declared.’.
Amendment
of Article 107 of the Constitution.
10.
Article 107of the Constitution is hereby amended in paragraph (1) of that
Article, by the substitution for the words "shall be appointed by the
President of the Republic by warrant under his hand.", of the words
"shall, subject to the provisions of Article 41C, be appointed by the
President by warrant under his hand.”.
Amendment
of Article 109 of the Constitution.
11.
Article 107 of the Constitution is hereby amended as follows :-
(1) in
paragraph (1) of that Article, by the substitution for the words “the
President shall appoint", of the words “the President
shall, subject to the provisions of Article 41C, appoint” ; and
(2) in
paragraph (2) of that Article, by the substitution for the words “the
President may appoint", of the words “the President
may, subject to the provisions of Article 41C, appoint”.
Amendment
of Article 111 of the Constitution.
12.
Article 111 of the Constitution is hereby amended as follows :-
(1) by
the repeal of paragraph (2) of that Article and the substitution therefore
of the following paragraph :-
"(2)
The Judges of the High Court shall –
(a) on the recommendation of the Judicial Service Commission, be
appointed by the President by warrant under his hand and such
recommendation shall be made after consultation with the Attorney-General
;
(b) be removable and be subject to the disciplinary control of the
President on the recommendation of the Judicial Service Commission.” ;
and
(2) by
the addition immediately after paragraph (3) of that Article, of the
following new paragraph :-
"(4)
Any Judge of the High Court may resign his office by writing under his
hand addressed to the President.".
Amendment
the Article 111A of the Constitution.
13.
Article 111A of the Constitution is hereby amended in paragraph (1) of
that Article, by the substitution for the words "the President may,
by warrant, appoint" of the words "the President may, on the
recommendation of the Judicial Service Commission, by warrant, appoint
".
Insertion
of new Article 111B of the Constitution.
14.
The following Article is hereby inserted immediately after Article 111A of
the Constitution, and shall have effect as Article 111B of
the Constitution :-
"Fiscal
for the whole island.
111B.
There shall be a Fiscal, who shall be the Fiscal for the whole Island and
who shall exercise supervision and control over Deputy Fiscals attached to
all Courts of First Instance.".
Re-numbering
of Article 116 of the Constitution as Article 111C.
15.
Article 116 of the Constitution is hereby re-numbered as Article 111C of
the Constitution.
Insertion
of Chapter XVA in the Constitution.
16.
The following new Chapter is hereby inserted immediately after Article
111C of the Constitution, and shall have effect as Chapter XVA of the Constitution :-
'CHAPTER
XVA - JUDICIAL SERVICE COMMISSION
Constitution
of the Judicial Service Commission
111D.
(1) There shall be a Judicial Service Commission (in this Chapter referred
to as the "Commission") consisting of the Chief Justice and two
other Judges of the Supreme Court appointed by the President, subject to
the provisions of Article 41C.
(2)
The Chief Justice shall be the Chairman of the Commission.
Meetings
of the Commission.
111E.
(1) The quorum for any meeting of the Commission shall be two members of
the Commission.
(2)
A Judge of the Supreme Court appointed as a member of the Commission
shall, unless he earlier resigns his office or is removed therefrom as
hereinafter provided or ceases to be a Judge of the Supreme Court, hold
office for a period of three years from the date of his appointment, but
shall be eligible for re-appointment.
(3)
All decisions of the Commission shall be made by a majority of the members
present, and in the event of an equality of votes, the Chairman of the
meeting shall have a casting vote.
(4)
The 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 such vacancy or any defect in the
appointment of a member.
(5)
The President may grant to any member of the Commission leave from his
duties and may appoint on the recommendation of the Constitutional
Council, a person qualified to be a member of the Commission to be a
temporary member for the period of such leave.
(6)
The President may, on the recommendation of the Constitutional Council,
for cause assigned, remove from office any member of the Commission.
Allowances
of members of the Commission
111F.
A member of the Commission shall be paid such allowances as may be
determined by Parliament. Such allowances shall be charged on the
Consolidated Fund and shall not be reduced during the period of office of
a member, and shall be in addition to the salary and other allowances
attached to, and received from, the substantive appointment:
Provided
that until the amount to be paid as allowances is determined under the
provisions of this Article, the members of the Commission shall continue
to receive as allowances, such amount as they were receiving on the day
immediately preceding the date on which this Chapter comes into operation.
Secretary
to the Commission.
111G.
There shall be a Secretary to the Commission who shall be appointed by
Commission from among senior judicial officers of the Courts of First
Instance.
Powers
of the Commission.
111H.
(1) The Judicial Service Commission is hereby vested with the power to-
(a)
transfer judges of the High Court ;
(b)
appoint, promote, transfer, exercise disciplinary control and
dismiss judicial officers and scheduled public officers.
(2)
The Commission may make -
(a)
rules regarding training of Judges of the High Court, the schemes
for recruitment and training, appointment, promotion and transfer of
judicial offices and scheduled public officers;
(b)
provision for such matters as are necessary or expedient for the
exercise, performance and discharge of the powers, duties and functions of
the Commission.
(3)
The Chairman of the Commission or any Judge of the Supreme Court or Judge
of the Court of Appeal as the case may be, authorized by the Commission
shall have power and authority to inspect any Court of First Instance, or
the records, registers and other documents maintained in such Court, or
hold such inquiry as may be necessary.
(4)
The Commission may by Order published in the Gazette delegate to the
Secretary to the Commission the power to make transfers in respect of
scheduled public officers, other than transfers involving increase of
salary, or to make acting appointments in such cases and subject to such
limitations as may be specified in the Order.
Judicial
officers and scheduled public officers may resign.
111J.
Any judicial officer or scheduled public officer may resign his office by
writing under his hand addressed to the Chairman of the Commission.
Immunity
from legal proceedings.
111K.
No suit or proceeding shall lie against the Chairman, member or Secretary
or officer of the Commission for any lawful act which in good faith is
done in the performance of his duties or functions as such Chairman,
member, Secretary, or officer of the Commission.
Interference
with the Commission is an offence.
111L.
(1) Every person who otherwise than in the course of such persons lawful
duty, directly or indirectly, alone or by or with any other person, in any
manner whatsoever, influences or attempts to influence any decision or
order made by the Commission or to so influence any member thereof, shall
be guilty of an offence and shall on conviction be liable to a fine not
exceeding one hundred thousand rupees or to imprisonment for a term not
exceeding three years or to both such fine and imprisonment:
Provided
however that the giving of a certificate or testimonial to any applicant
or candidate for any judicial office or scheduled public office shall not
be an offence.
(2)
Every High Court established under Article 154P of the Constitution shall
have jurisdiction to hear and determine any matter referred to In
paragraph (1).
Interpretation.
111M.
(a)
In this Chapter-
"appointment"
includes the appointment to act in any office referred to in this Chapter.
"judicial
officer" means any person who holds office as judge, presiding
officer or member of any Court of First Instance, tribunal or institution
created and established for the administration of justice or for the
adjudication of any labour or other dispute, but does not include a Judge
of the Supreme Court or of the Court of Appeal or of the High Court or a
person who performs arbitral functions, or a public officer whose
principal duty is not the performance of functions of a judicial nature;
and
"scheduled
public officer" means the Registrar of the Supreme Court, the
Registrar of the Court of Appeal, the Registrar, Deputy Registrar or
Assistant Registrar of the High Court or any Court of First Instance, the
Fiscal, the Deputy Fiscal of the Court of Appeal or High Court and any
Court of First Instance, any public officer employed in the Registry of
the Supreme Court, Court of Appeal or High Court or any Court of First
Instance included in a category specified in the Fifth Schedule or such
other categories as may be specified by Order made by the Minister in
charge of the subject of Justice and approved by Parliament and Published
in the Gazette.
(b)
No court, tribunal or institution shall have jurisdiction to entertain or
to determine the question whether or not a person is a judicial Officer
within the meaning Of the Constitution, but such question shall be
determined solely by the Commission, whose decision thereon shall be final
and conclusive.
(c)
No act of such person or Proceeding held before such person, prior to such
determination as is referred to in sub-paragraph (b), shall be deemed to
be invalid by reason of such determination.’.
Repeal
of Articles 112, 113, 113A, 114, 115 and 117 of the Constitution.
17.
Articles 112, 113, 113A, 114, 115 and 117 of the Constitution are hereby
repealed.
Amendment
of Article 153 of the Constitution.
18.
Article 153 of the Constitution is hereby amended the as follows :-
(1) in
paragraph (1)of that Article, by the substitution for the words
"shall be appointed by the President", of the words "shall,
subject to the provisions of Article 41C, be appointed by the
President"; and
(2) in
paragraph (4)of that article, by the substitution for the words "the
President may appoint", of the words "the President may, subject
to the provisions of Article 41C, appoint".
Amendment
of Article 154R of the Constitution.
19.
Article 154R of the Constitution is hereby amended in sub-paragraph (c) of
paragraph (1) of that Article, by the substitution for the words
"three other members to represent", of the words "three
other members who are appointed by the President on the recommendation of
the Constitutional Council, to represent".
Insertion
of new Chapter XVIIIA in the Constitution.
20.
The following new Chapter is hereby inserted immediately after Article 155
of the Constitution and shall have effect as Chapter XVIIIA of the
Constitution :-
"CHAPTER
XVIIIA - NATIONAL POLICE COMMISSION
Constitution
of the National Police Commission.
155A.
(1) There shall be a National Police Commission (in this Chapter referred
to as the "Commission") consisting of seven members appointed by
the President on the recommendation of the Constitutional Council. The
Constitutional Council may, in making its recommendation, consult the
Public Service Commission. The President shall on the recommendation of
the Constitutional Council appoint one member as the Chairman.
(2)
No person shall be appointed as a member of the Commission or continue to
hold office as such member if he is or becomes a member of Parliament, a
Provincial Council or a local authority.
(3)
Every person who immediately before his appointment as a member of the
Commission, was a public officer in the service of the State or a judicial
officer, shall upon such appointment taking effect, cease to hold such office, and shall
be ineligible for further appointment as a public officer
or a judicial officer:
Provided
that any such person shall, until he ceases to be a member of the
Commission, or while continuing to be 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 purpose of any provision relating to the grant of pensions,
gratuities and other allowances in respect of such service.
(4)
Every member of the Commission shall hold office for a period of three
years from the date of his appointment, unless he becomes subject to any
disqualification under paragraph (2) of this Article, or earlier resigns
from his office by writing addressed to the President or is removed from
office by the President on the recommendation of the Constitutional
Council or is convicted by a Court of law of any offence involving moral
turpitude or if a resolution for the imposition of civic disability upon
him has been passed in terms of Article 81 or is deemed to have vacated
his office under paragraph (6) of this Article.
(5)
A member of the Commission shall be eligible for reappointment as a
member, but shall not be eligible for appointment as a public officer or a
judicial officer after the expiry of his term of office as a member. No
member shall be eligible to hold office as a member of the Commission for
more than two terms.
(6)
In the event of the Chairman or a member of the Commission absenting
himself from three consecutive meetings of the Commission without the
prior leave of the Commission, he shall be deemed to have vacated his
office from the date of the third of such meetings and shall not be
eligible to be reappointed as a member or as a member or as Chairman of
the Commission.
(7)
The Chairman and members of the Commission shall be paid such allowances
as are determined by Parliament. Such allowances shall be charged on the
Consolidated Fund and shall not be diminished during the term of office of
the Chairman or member.
(8)
The Chairman and members of the Commission shall be deemed to be public
servants within the meaning and for the purposes of Chapter IX of the
Penal Code.
Meetings
of the Commission.
155B.
(1) The quorum for a meeting of the Commission shall be four members.
(2)
The Chairman shall preside at all meetings of the Commission and in his
absence a member elected by the members present from amongst the members
shall preside at such meeting.
(3)
Decisions of the Commission shall be by a majority of members present and
voting at the meeting at which the decision is taken, and in the event of
an equality of votes the Chairman or the person presiding shall have a
casting vote.
(4)
The Commission shall have power to act notwithstanding any vacancy in its
membership, and any act or proceeding or decision of the Commission shall
not be invalid or deemed to be invalid by reason only of such vacancy or
any defect in the appointment of the Chairman or member.
Immunity
from legal proceedings.
155C.
(1) Subject to the jurisdiction conferred on the Supreme Court under
paragraph (1) of Article 126, no court or tribunal shall have the power or
jurisdiction to inquire into, or pronounce upon or in any manner call in
question any order or decision made by the Commission or a Committee, in
pursuance of any power or duty, conferred or imposed on such Commission or
Committee under this Chapter or under any other law.
Secretary
to the Commission.
155D.
There shall be a Secretary to the Commission and such other officers
appointed by the Commission on such terms and conditions as may be
determined by the Commission.
Costs
and Expenses.
155E.
The costs and expenses of the Commission shall be a charge on the
Consolidated Fund.
Interference
with the Commission.
155F.
(1) Every person who, otherwise than in the course of such person's
lawful duty, directly or indirectly by himself or by or with any other
person, in any manner whatsoever influences or attempts to influence or
interferes with any decision of the Commission or a Committee, or to so
influence any member of the Commission or a Committee, shall be guilty of
an offence and shall on conviction be liable to a fine not exceeding one
hundred thousand rupees or to imprisonment for a term not exceeding seven
years, or to both such fine and imprisonment.
(2)
A High Court established under Article 154P of the Constitution shall have
jurisdiction to hear and determine any matter referred to in paragraph
(1).
Powers
of the Commission.
155G.
(1) (a) The appointment, promotion, transfer, disciplinary control and
dismissal of police officers other than the Inspector-General of Police,
shall be vested in the Commission. The Commission shall exercise its
powers of promotion, transfer, disciplinary control and dismissal in
consultation with the Inspector General of Police.
(b)
The Commission shall not in the exercise of its powers under this Article,
derogate from the powers and functions assigned to the Provincial Police
Service Commissions as and when such Commissions are established under
Chapter XVIIA of the Constitution.
(2)
The Commission shall establish procedures to entertain and investigate
public complaints and complaints of any aggrieved person made against a
police officer or the police service, and provide redress in accordance
with the provisions of any law enacted by Parliament for such purpose.
(3)
The Commission shall provide for and determine all matters regarding
police officers, including the formulation of schemes of recruitment and
training and the improvement of the efficiency and independence of the
police service, the nature and type of the arms, ammunition and other
equipment necessary for the use of the National Division and the
Provincial Divisions, codes of conduct, and the standards to be followed
in making promotions and transfers, as the Commission may from time to
time consider necessary or fit.
(4)
The Commission shall exercise all such powers and perform all such
functions and duties as are vested in it under Appendix I of List I
contained in the Ninth Schedule of the Constitution.
Committees
of the Commission.
155H.
(1) The Commission may delegate to a Committee (not consisting of members
of the Commission) as shall be nominated by the Commission, the powers of
appointment, promotion, transfer, disciplinary control and dismissal of
such categories of police officers as are specified by the Commission.
(2)
The Commission shall cause to be published in the Gazette the appointment
of any such Committee.
(3)
The procedure and quorum for meetings of such a Committee shall be
according to rules made by the Commission. The Commission shall cause such
rules to be published in the Gazette.
Delegation
of functions by the Commission.
155J.
(1) The Commission may, subject to such conditions and procedures as may
be prescribed by the Commission, delegate to the Inspector-General of
Police or in consultation with the Inspector-General of Police to any
Police Officer, its powers of appointment, promotion, transfer,
disciplinary control and dismissal of any category of police officer.
(2)
The Commission shall cause any such delegation to be published in the
Gazette.
Right
of appeal.
155K.
(1) A police officer aggrieved by any order relating to promotion,
transfer or any order on a disciplinary matter or dismissal made by the
Inspector-General of Police or a Committee or Police Officer referred to
in Article 155H and 155J in respect of himself, may appeal to the
Commission against such order in accordance with rules made by the
Commission from time to time regulating the procedure and the period fixed
for the making, and hearing of an appeal by the Commission.
(2)
The Commission shall have the power to alter, vary, rescind or confirm
such order upon such appeal, or to give directions in relation there to,
or to order such further or other inquiry, as to the Commission shall seem
fit.
(3)
The Commission shall from time to time cause to be published in the
Gazelle, rules made by it under paragraph (1) of this Article.
(4)
Upon any delegation to the Inspector-General of Police or a Committee or
Police Officer under Article 155H and 155J of this Chapter as the case may
be, the Commission shall not whilst such delegation of its powers is in
force, exercise or perform its functions or duties in respect of the
categories of Police Officers in respect of which such delegation is made,
subject to the right of appeal hereinbefore provided.
Appeals
to the Administrative Appeals Tribunal.
155L.
Any Police Officer aggrieved by any order relating to promotion,
transfer, or any order on a disciplinary matter or dismissal made by the
Commission, in respect of himself may appeal therefrom to the
Administrative Appeals Tribunal established under Article 59, which shall
have the power to alter, vary or rescind any order or decision made by the
Commission.
Saving
of existing rules and regulations.
155M.
Until the Commission otherwise provides, all rules, regulations and
procedures relating to the police force as are in force shall continue to be
operative and in force.
Commission
answerable to Parliament.
155N.
The Commission shall be responsible and answerable to
Parliament in accordance with the provisions of the Standing Orders of
Parliament for the exercise, performance and discharge of its powers,
duties and functions, and shall forward to Parliament in each calendar
year a report of its activities in such year.”.
Amendment
Article 156 of the Constitution.
21.
Article
156 of the Constitution is hereby amended as follows :-
(1) in
paragraph (2) of that Article, by the substitution for the words
"shall be appointed by the President", of the words "shall,
subject to the provisions of Article 41C, be appointed by the
President"; and
(2) in
paragraph (5) of that Article, by the substitution for the words "the
President shall appoint", of the words "the President shall,
subject to the provisions of Article 41C, appoint".
Amendment
of Article 170 of the Constitution.
22.
Article 170 of the Constitution is hereby amended as follows :-
(1) in
the definition of the expression "judicial officer", by the
substitution for the words "other than in Article 114,", of the
words "other than in Article 111M,"; and
(2) in
the definition of the expression "public officer", by the
insertion immediately after paragraph (c), of the following new paragraphs
:-
"(ca)
a member of the Constitutional Council ;
(cb) a
member of the Election Commission ;
(cc) a
member of the National Police Commission ;
(cd)
the Commissioner-General of Elections ;
(ce)
officers appointed to the Election Commission, by the Election Commission
;".
Amendment
of the Ninth Schedule to the Constitution.
23.
The Ninth Schedule to the Constitution is hereby amended in Appendix I to
List I as follows :-
(1) by
the substitution for item 3 of that Appendix of the following :-
"3.
Recruitment to the National Police Division and promotion of Police
Officers in the Provincial Divisions to the National Division, shall be
made by the National Police Commission.”;
(2) in
item 6 of that Appendix by the substitution for the words "will be
referred to the President,", of the words "will be referred to
the National Police Commission,";
(3) in
item 7 of that Appendix, by the substitution for the words "with the
approval of the President,", of the words "with the approval of
the National Police Commission."; and
(4) in
item 9:2 of that Appendix, by the substitution for the words "The
President may, where he considers it necessary provide for alternate
training for members of any Provincial Division", of the words "
The National Police Commission may, where he considers it necessary
provide for alternate training for members of any Provincial
Division.".
Commissions
under repealed Articles 56 and 112 of the Constitution to continue.
24.
(1) The persons holding office on the date prior to the date of
commencement of this Act, as members of the Public Service Commission and
the Judicial Service Commission established by Article 56 and Article 112
respectively, of the Constitution, shall continue to hold office as such
members continue to exercise the powers vested in those Commissions under
the Constitution, prior to the date of commencement of this Act, until the
date on which the members of the Public Service Commission and the
Judicial Service Commission respectively, are appointed under Article 54
and Article 111D respectively of the Constitution.
(2)
The persons holding office on the day prior to the date of commencement of
this Act, as the Secretary to the Public Service Commission and as the
Secretary to the Judicial Service Commission appointed under paragraph (7)
of Article 56 and Article 113 respectively, of the Constitution, shall
continue to hold such office under the same terms and conditions.
Chief
Justice, Judges of the Supreme Court, President of the Court of Appeal
&c,. to continue to hold office.
25.
(a) The Chief Justice and all the Judges of the Supreme Court and the
President and all the Judges of the Court of Appeal holding office on the
day prior to the date of the commencement of this Act, shall, subject to
the provisions of paragraph (3) of Article 41C, continue to hold office.
(b)
Every person holding office on the day prior to the date of the
commencement of this Act, as the Attorney-General, the Auditor-General,
the Inspector-General of Police, the Parliamentary Commissioner for
Administration (Ombudsman) and the Secretary-General of Parliament shall,
subject to the provisions of paragraph (3) of Article 41C, continue to
hold such office under the same terms and conditions.
Judges
of the High Court &c., to continue to hold office.
26.
Every person holding office on the day prior to the date of the
commencement of this Act –
(a) as a Judge of the High Court;
(b) as a judicial officer, a scheduled public officer, a public officer
or a police officer,
shall,
continue to hold such office under the same terms and conditions.
Substitution
and savings.
27.
(1) Unless the context otherwise requires, there shall be substituted for
the expressions "Commissioner of Elections" and "Department
of the Commissioner of Elections" wherever such expressions occur in
the Constitution and in any written law or in any contract, agreement or
other document, of the expression "Election Commission".
(2)
The person holding office as the Commissioner of Elections on the day
immediately preceding the date of the commencement of this Act, shall
continue to exercise and perform the powers and functions of the office of
Commissioner of Elections as were vested in him immediately prior to the
commencement of this Act, and of the Election Commission, until an
Election Commission is constituted in terms of Article 103, and shall,
from and after the date on which the Election Commission is so
constituted, cease to hold office as the Commissioner of Elections.
(3)
All suits, actions and other legal proceedings instituted by or against
the Commissioner of Elections appointed under Article 103 of the
Constitution prior to the amendment of such Article by this Act, and
pending on the day immediately prior to the date of commencement of this
Act, shall he deemed to be suits, actions and other legal proceedings
instituted by or against the Election Commission, and shall be continued
and completed in the name of the Election Commission.
(4)
Any decision or order made, or ruling, given by the Commissioner of
Elections appointed under Article 103 of the Constitution prior to the
amendment of that Article, by this Act, and under any written law on or
before the date of the commencement of this Act, shall be deemed to be a
decision or order made or ruling given, by the Election Commission.
Pending
matters before the Public Service Commission to stand removed to
the National Police Commission.
28.
All matters pertaining to the appointment, promotion, transfer,
disciplinary control and dismissal of any police officer pending
before the Public Service Commission, on or before the date of the
commencement of this Act, shall stand removed to the National Police
Commission established by Chapter XVIIIA of the Constitution and
accordingly such matter shall be continued and completed before such
National Police Commission.
Sinhala
text to prevail in case of inconsistency.
29. In
the event of any inconsistency between the Sinhala and Tamil texts of this
Act, the Sinhala text shall prevail.
Contact
Information: Send mail to
gosl@presidentsl.org with
questions or comments about this web site. Last modified:
November 20, 2003.
|
