L.D.O 20/2015 AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Be it enacted by Parliam Democratic Socialist Republic of Sri Lanka as follows:- Short title and date of operation. 1. (1) This Act may be cited as Nineteenth ent to (2) The provisions of sections 3, 4, 5, 6, 7, 8, 9, 11 (or than paragraph (1) of 46), 17, 19, 20, 21, 23, 33, 34, 35, 36, 37 and 38 of this Act shall come into force on April 22, 2015 and or sections shall come into force on date on which this Act comes into operati (3) The provisions of section 11 of this Act, in so far as it relates to paragraph (1) of 46 of on of Democratic Socialist Republic of Sri Lanka shall come into force upon conclusion of general election held immediately after date on which this Act comes into operati Insertion of new 14A in on of Democrat ic Socialist Republic of Sri Lanka. 2. The on of Democratic Socialist Republic of Sri Lanka (hereinafter in this Act referred to as on ) is hereby amended by insertion immediately after 14 reof of following new :- Right of access to informati 14A. (1) Every citizen shall have right of access to any information held by:- (a) State, a Ministry or any Government Department or any statutory body established or created by or under any law; (b) any Ministry of a Province or any Department or statutory body established or created by a statute of a Provincial Council; (c) any local authority; and (d) any or person, being information that is required for exercise or protection of citizen s rights. (2) No restrictions shall be placed on right declared and recognized by this, or than such restrictions prescribed by law as are necessary in a
democratic society, in interests of national security, territorial integrity or public safety, for prevention of disorder or crime, for protection of health or morals and of reputation or rights of ors, privacy, for preventing disclosure of information received in confidence, or for maintaining authority and impartiality of judiciary. (3) In this, citizen includes a body wher incorporated or unincorporated, if not less than threefourths of members of such body are citizens.. Replace m 30 of 3. 30 of on is hereby repealed and following substituted refor:- The President of Republic 30. (1) There shall be a Presid Republic of Sri Lanka, who is Head of State, Head of Executive and of Government and Commander in Chief of Armed Forces. (2) The Presid Republic shall be elected by People and shall hold office for a term of five years.. e nt of 31 of 4. 31 of on is hereby amended as follows:- (1) by insertion immediately after paragraph (1) of that, of following new paragraph:- (2) No person who has been twice elected to office of President by People, shall be qualified reafter to be elected to such office by People. ; (2) in paragraph (3A) of that :- 2
(a) (i) (ii) by substitution in sub-paragraph (a)(i) of that paragraph, for words commencem his current term of office, by Proclamation, declare his intention, of words commencement of his first term of office, by Proclamation, declare his or her intention ; and by repeal of proviso to subparagraph (a)(i); (b) by repeal of item (iii) of sub-paragraph (c) of that paragraph and substitution refor of following item:- (iii) If by reason of death referred to in sub-paragraph (i) re is a vacancy in office of President, Speaker shall act in office of President: Provided that if office of Speaker be n vacant or Speaker is unable to act, Deputy Speaker shall act in office of President. ; and (c) in sub-paragraph (d) of that paragraph, by substitution for words for a term of six years wherever those words appear in that subparagraph, of words for a term of five years ; (3) by repeal of paragraphs (b) and (c) of proviso toparagraph (4) of that, and substitution refor following paragraphs:- (b) where President in office is not a candidate or is not re-elected at a poll for election of a President, his or her term of office shall be deemed to have expired on date on which result of such election is declared. The person elected as President at such election shall assume office forthwith, but not later than two weeks from such date: Provided that President in office, notwithstanding anything to contrary in 30, 3
shall continue to exercise, perform and discharge powers, duties and functions of office of President, until assumption of office by person declared elected as President. If office of President becomes vacant by reason of person declared elected as President failing to assume office, President in office shall continue to exercise, perform and discharge powers, duties and functions of office of President, until Speaker or if office of Speaker be n vacant, or if Speaker is unable to act, Deputy Speaker commences to act in office of President; by reason of death referred to in paragraph (a) re is a vacancy in office of President Speaker shall act in office of President during period between occurrence of such vacancy and assumption of office by new President: Provided that if office of Speaker be n vacant or Speaker is unable to act, Deputy Speaker shall act in office of President. ; Replace m 33 of 5. 33 of on is hereby repealed and following is substituted refor:- Duties, powers and functions of President. 33. (1) The President shall be symbol of national unity. (2) It shall be duty of President to:- (a) ensure that on is respected and upheld by all organs of Government; (b) ensure and facilitate preservation of religious and ethnic harmony; (c) promote national reconciliation and integration; (d) ensure and facilitate proper functioning of onal Council and institutions referred to in Chapter VIIA; and (e) on advice of Election 4
Commission, ensure creation of proper conditions for conduct of free and fair elections and referenda. (3) In addition to powers, duties and functions expressly conferred or imposed on, or assigned to President by on or or written law, President shall have power:- (a) to make Statem Government Policy in Parliament at commencem each session of Parliament; (b) to preside at ceremonial sittings of Parliament; (c) to summon, prorogue and dissolve Parliament; (d) to receive and recognize, and to appoint and accredit, Ambassadors, High Commissioners, Plenipotentiaries and or diplomatic agents; (e) to appoint as President s Counsel, attorneys- at- law who have reached eminence in profession and have maintained high standards of conduct and professional rectitude. Every President s Counsel appointed under this paragraph shall be entitled to all such privileges as were hirto enjoyed by Queen s Counsel; (f) to keep Public Seal of Republic, and to make and execute under Public Seal, acts of appointm Prime Minister and or Ministers of Cabinet of Ministers, Chief Justice and or judges of Supreme Court, Presid Court of Appeal and or judges of Court of Appeal, and such grants and dispositions of lands and or immovable property vested in Republic as President is by law required or empowered to do, and 5
to use Public Seal for sealing all things whatsoever that shall pass that Seal; (g) to declare war and peace; and (h) to do all such acts and things, not inconsistent with provisions of on or written law, as by international law, custom or usage President is authorized or required to do.. Insertion of new 33A in 6. The following is hereby inserted immediately after 33, and shall have effect as 33A of on:- President to be responsible to Parliament. 33A.The President shall be responsible to Parliament for due exercise, performance and discharge of his or her powers, duties and functions under on and any written law, including law for time being relating to public security.. Replace m 35 of 7. 35 of on is hereby repealed and following is substituted refor:- Immunity of President from suit. 35.(1) Where any person holds office as Presid Republic of Sri Lanka, no civil or criminal proceedings shall be instituted or continued against President in respect of anything done or omitted to be done by President, eir in his or her official or private capacity: Provided that nothing in this paragraph shall be read and construed as restricting right of any person to make an application under 126 against Attorney General, in respect of anything done or omitted to be done by President, in his or her official capacity: 6
Provided furr that Supreme Court shall have no jurisdiction to pronounce upon exercise of powers of President under 33(g). (2) Where provision is made by law limiting time within which proceedings of any description may be instituted against any person, a period of time during which such person holds office of President of Republic of Sri Lanka shall not be taken into account in calculating any period of time prescribed by that law. (3) The immunity conferred by provisions of paragraph (1) shall not apply to proceedings in Supreme Court under 130 (a) relating to election of President or validity of a referendum.. Replace m s 37 of 8. 37 of on is hereby repealed and following substituted refor:- Acting President. 37.(1) Whenever President by reason of any illness, absence from Sri Lanka or any or cause is unableto exercise, perform or discharge powers, duties and functions of office of President,Speaker shall act in office of President during such period. If office of Speakerbe n vacant or Speaker is unable to act, Deputy Speaker shall act in office of President. (2)The provisions of on (or than provisions of paragraph (2) of 32) shall apply, insofar as y can be applied, to a person acting in office of President. Replace m s 39 and 40 of 9. s 39 and 40 of on are hereby repealed and following s are substituted refor :- Determination by Supreme 39. (1) Where Supreme Court in exercise of its jurisdiction under 130 determines that:- 7
Court that President is not duly elected. (a) election of President is void and does not determine that any or person was duly elected, n a vacancy shall be deemed to have occurred in office of President and an election shall be held to fill such vacancy in accordance with 40, not later than one month from date of such determination; or (b) any or person was duly elected as President, n, such or person shall assume office of President within one month of date of such determinati (2) Upon Supreme Court making any such determination as is referred to in sub-paragraph (a) of paragraph (1), person who was exercising, performing and discharging powers., duties and functions of office of President shall forthwith cease to exercise, perform and discharge such powers, duties and functions. During period intervening between date of such determination and assumption of office by new President, Speaker shall act in office of President: Provided that if office of Speakerbe n vacant or Speaker is unable to act, Deputy Speaker shall act in office of President. (3) For purpose of paragraph (2) of 30 and notwithstanding provisions of paragraph (4) of 31, term of office of new President shall be deemed to have commenced on date on which term of office of person whose election was determined to have been void or undue, would, but for such determination have commenced. (4) The exercise, performance and discharge by any person of powers, duties and functions of office of President, shall not be invalid by reason only of fact that Supreme Court subsequently determines that election of such person as President was void or undue. (5) The provisions of this shall apply notwithstanding anything to contrary in 40. 8
Vacation of office by President and election of successor. 40. (1) (a) If office of President shall become vacant prior to expiration of his or her term of office, Parliament shall elect as President one of its Members who is qualified to be elected to office of President. Any person so succeeding to office of President shall hold office only for unexpired period of term of office of President vacating office. (b) An election to fill such vacancy shall be held as soon as possible after, and in no case later than one month from, date of occurrence of vacancy. Such election shall be by secret ballot and by an absolute majority of votes cast in accordance with such procedure as Parliament may by law provide: Provided that if such vacancy occurs after dissolution of Parliament, President shall be elected by new Parliament within one month of its first meeting. (c) During period between occurrence of such vacancy and assumption of office by new President Speakershall act in office of President: Provided that if office of Speakerbe n vacant or Speaker is unable to act, Deputy Speaker shall act in office of President. (2) The provisions of on relating to President (or than provisions of paragraph (2) of 32) shall in so far as y can be applied, apply to person acting for President. (3) Parliament shall by law provide for all matters relating to procedure for election of President by Parliament and all or matters necessary or incidental reto. Until Parliament so provides, Presidential Elections (Special Provisions) Act, No 2 of 1981 shall apply to such electi. Replace 10. Chapter VIIA of on is hereby repealed and following Chapter 9
m Chapter VIIA of substituted refor:- CHAPTER VIIA The onal Council on of onal Council. 41A. (1) There shall be a onal Council (in this Chapter referred to as "Council") which shall consist of following members: (a) Prime Minister; (b) Speaker; (c) Leader of Opposition in Parliament; (d) one person appointed by President; (e) five persons appointed by President, on nomination of both Prime Minister and Leader of Opposition; and (f) one person nominated by agreem majority of Members of Parliament belonging to political parties or independent groups, or than respective political parties or independent groups to which Prime Minister and Leader of Opposition belong, and appointed by President. (2) The Speaker shall be Chairman of Council. (3) It shall be duty of Speaker to ensure that nominations for appointments under sub-paragraph (e) or subparagraph (f) of paragraph (1) are made, whenever an occasion for such nominations arises. (4) In nominating five persons referred to in sub paragraph (e) of paragraph (1), Prime Minister and Leader of Opposition shall consult leaders of political parties and independent groups represented in Parliament so as to ensure that onal Council reflects pluralistic character of Sri Lankan society, including professional and social diversity. (5) The persons to be appointed or nominated under subparagraphs (d), (e) and (f) of paragraph (1) shall be persons of eminence and integrity who have distinguished mselves in 10
public or professional life and who are not members of any political party. (6) The President shall, within fourteen days of receipt of a written communication specifying nominations made under sub-paragraph (e) and (f) of paragraph (1), make necessary appointments. In ev President failing to make necessary appointments within such period of fourteen days, persons nominated shall be deemed to have been appointed as members of Council, with effect from date of expiry of such period. (7) (a) On dissolution of Parliament, notwithstanding provisions of paragraph (2) of 64, Speaker shall continue to hold office as a member of Council, until a Member of Parliament is elected to be Speaker under paragraph (1) of aforesaid ; (b) Notwithstanding dissolution of Parliament, Prime Minister and Leader of Opposition shall continue to hold office as members of Council, until such time after a General Election following such dissolution, a Member of Parliament is appointed as Prime Minister or recognized as Leader of Opposition in Parliament, as case may be. (8) Every member of Council appointed under subparagraphs (d), (e) and (f) of paragraph (1), shall hold office for a period of three years from date of appointment unless member earlier resigns his or her office by writing addressed to President, is removed from office by President on both Prime Minister and Leader of Opposition forming an opinion that such member is physically or mentally incapacitated and is unable to function furr in office or is convicted by a court of law for any offence involving moral turpitude or if a resolution for imposition of civic disability upon him or her has been passed in terms of 81 of on or is deemed to have vacated his or her office under paragraph (7) of 41E. (9) In ev re being a vacancy among members appointed under sub-paragraphs (d), (e) or (f)) of paragraph (1), President shall, within two weeks of occurrence of such vacancy and having regard to provisions of aforementioned sub-paragraphs, appoint anor person to succeed such member. Any person so appointed, shall hold office during unexpired part of period of office of member whom he or she succeeds. 11
(10) A member appointed under sub-paragraphs (d), (e) or (f) of paragraph (1), shall not be eligible for re-appointment. (11) The appointments made by President under sub-paragraphs (d), (e) and (f) of paragraph (1), shall be communicated to Speaker. Council to recomme nd appointm ents. 41B. (1) No person shall be appointed by President as Chairman or a member of any of Commissions specified in Schedule to this, except on a recommendation of Council. (2) The provisions of paragraph (1) of this shall apply in respect of any person appointed to act as Chairman or as a member of any such Commissi (3) It shall be duty of Council to recommend to President fit and proper persons for appointment as Chairmen or members of Commissions specified in Schedule to this, whenever occasion for such appointments arises,,and such recommendations shall endeavour to ensure that such recommendations reflect pluralistic character of Sri Lankan society, including gender. In case of Chairmen of such Commissions, Council shall recommend three persons for appointment, and President shall appoint one of persons recommended as Chairman. (4) The President shall appoint Chairman and members of Commissions specified in Schedule to this, within fourteen days of receiving recommendations of Council for such appointments. In ev President failing to make necessary appointments within such period of fourteen days:- (a) (b) he persons recommended under paragraph (3), shall deemed to have been appointed as members of Commissions; and he person whose name appears first in list of names recommended under paragraph (3), shall be deemed to have been appointed Chairman of respective Commission, with effect from date of expiry of such period. 12
(5) No person appointed under paragraph (1) or a person appointed to act as Chairman or a member of any such Commission, shall be removed except as provided for in on or in any written law, and where re is no such provision, such person shall be removed by President only with prior approval of Council. SCHEDULE (a) The Election Commissi (b) The Public Service Commissi (c) The National Police Commissi (d) The Audit Service Commissi (e) The Human Rights Commission of Sri Lanka. (f) The Commission to Investigate Allegations of Bribery or Corrupti (g) The Finance Commissi (h) The Delimitation Commissi (i) The National Procurement Commissi (j) The University Grants Commissi (k) The Official Languages Commissi Council to approve appointm ents. 41C. (1) No person shall be appointed by President to any of Offices specified in Schedule to this, unless such appointment has been approved by Council upon a recommendation made to Council by President. (2) The provisions of paragraph (1) of this shall apply in respect of any person appointed to act for a period exceeding fourteen days, in any Office specified in Schedule to this : Provided that no person shall be appointed to act in any such office for successive periods not exceeding fourteen days, unless such acting appointment has been approved by Council on a recommendation by President. (3) No person appointed to any Office specified in Schedule to this or to act in any such Office, shall be removed from such Office except as provided for in on or in any law. (4) In discharge of its function relating to appointm Judges of Supreme Court and President and Judges of Court of Appeal, Council shall obtain views 13
of Chief Justice, Minister in charge of subject of Justice, Attorney-General and Presid Bar Association of Sri Lanka. SCHEDULE Part I Part II (a) The Chief Justice and Judges of Supreme Court. (b) The President and Judges of Court of Appeal. (c) The Members of Judicial Service Commission, or than Chairman. (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 -General and or officers of Council. Meetings of Council. 41D. (1) There shall be a Secretary-General to Council who shall be appointed by Council for a term of five years. Upon expiration of his or her term of office, Secretary General shall be eligible for reappointment. (2) The Council may appoint such officers as it considers necessary for discharge of its functions, on such terms and conditions as shall be determined by Council. 41E. (1) The Council shall meet at least twice every month, and as often as may be necessary to discharge functions assigned to Council by provisions of this Chapter or by any or law, and such meetings shall be summoned by Secretary- General to Council on direction of Chairman of Council. (2) The Chairman shall preside at all meetings of Council and in absence of Chairman, Prime Minister, and in absence of Prime Minister, Leader of Opposition shall preside at meetings of Council. When Chairman, Prime Minister and Leader of Opposition are all absent from any such meeting, members present shall elect a member from among mselves to preside at such meeting. 14
(3) The quorum for any meeting of Council shall be five members. (4) The Council shall endeavour to make every recommendation, approval or decision it is required to make by unanimous decision and in absence of an unanimous decision, no recommendation, approval or decision made by Council shall be valid, unless supported by not less than five members of Council present at such meeting. (5) The Chairman or or member presiding shall not have an original vote, but in ev an equality of votes on any question for decision at any meeting of Council, Chairman or or member presiding at such meeting, shall have a casting vote. (6) The procedure in regard to meetings of Council and transaction of business at such meetings shall be determined by Council, including procedures to be followed in regard to recommendation or approval of persons suitable for any appointment under 41B or 41C. (7) Any member of Council appointed under subparagraphs (d), (e), or (f) of paragraph (1) of 41A, who without obtaining prior leave of Council absents himself or herself from three consecutive meetings of Council, shall be deemed to have vacated office with effect from date of third of such meetings. (8) The Council shall have power to act notwithstanding fact that it has not been fully constituted or that re is a vacancy in its membership, and no act, proceeding or decision of Council shall be or deemed to be invalid by reason only of fact that Council has not been fully constituted or that re has been a vacancy in its membership or that re has been any defect in appointm a member. Continuat ion in office of members of Council. Powers and 41F. Notwithstanding expiration of term of office of members of Council or of members of any Commission specified in Schedule to 41B, members of Council or of such or Commission shall continue in office until assumption of office by new members of Council or of such or Commissi 41G. (1) The Council shall, once in every three months, submit to President a report of its activities during preceding three 15
duties of Council. months. (2) The Council shall perform and discharge such or duties and functions as may be imposed or assigned to Council by on, or by any or written law. (3) The Council shall have power to make rules relating to performance and discharge of its duties and functi All such rules shall be published in Gazette and be placed before Parliament. Expenses to be charged on Consolid ated Fund. Finality of decisions of Council. 41H. The expenses incurred by Council shall be charged on Consolidated Fund. 41I. Subject to provisions of 126, no court shall have power or jurisdiction to entertain, hear or decide or call in question, on any ground whatsoever, or in any manner whatsoever, any decision of Council or any approval or recommendation made by Council, which decision, approval or recommendation shall be final and conclusive for all purposes.. 16
Replace m Chapter VIII of 11. Chapter VIII of on is hereby repealed and following Chapter substituted refor:- CHAPTER VIII THE EXECUTIVE The Cabinet of Ministers Prime Minister and Cabinet of Ministers. 42. (1) There shall be a Cabinet of Ministers charged, with direction and control of Governm Republic. (2) The Cabinet of Ministers shall be collectively responsible and answerable to Parliament. (3) The Prime Minister shall be head of Cabinet of Ministers. (4) The President shall appoint as Prime 17
Minister Member of Parliament, who, in President s opinion, is most likely to command confidence of Parliament. Ministers and ir subjects and functions. 43. (1) The Prime Minister shall determine number of Ministers of Cabinet of Ministers, and Ministries and assignm subjects and functions to such Ministers. (2) The President shall, on advice of Prime Minister, appoint from among Members of Parliament, Ministers to be in charge of Ministries so determined. Ministers who are not members of Cabinet of Ministers. (3) The Prime Minister may at any time change assignm subjects and functions and recommend to President changes in composition of Cabinet of Ministers. Such changes shall not affect continuity of Cabinet of Ministers and continuity of its responsibility to Parliament. 44. (1) The President may, on advice of Prime Minister, appoint from among Members of Parliament, Ministers who shall not be members of Cabinet of Ministers. (2) The Prime Minister shall determine subjects and functions which are to be assigned to Ministers appointed under paragraph (1) of this, and Ministries, if any, which are to be in charge of, such Ministers. (3) The Prime Minister may at any time change any assignment made under paragraph (2). (4) Every Minister appointed under paragraph (1) shall be responsible to Cabinet of Ministers and to Parliament. (5) At request of Prime Minister, any Minister of Cabinet of Ministers may by Notification published in Gazette, delegate to any Minister who is not a member of Cabinet of Ministers, any power or duty pertaining to any subject or function assigned to such cabinet Minister, or any power or duty conferred or imposed on him or her by any written law, and it shall be lawful for such or Minister to exercise and perform any power or duty 18
delegated notwithstanding anything to contrary in written law by which that power or duty is conferred or imposed on such Minister of Cabinet of Ministers. Deputy Ministers. Limitation of numbers and tenure of office of Ministers and Deputy Ministers. 45. (1)The President may, on advice of Prime Minister, appoint from among Members of Parliament, Deputy Ministers to assist Ministers of Cabinet of Ministers in performance of ir duties. (2) Any Minister of Cabinet of Ministers may at request of Prime Minister and by Notification published in Gazette, delegate to any Deputy Minister, any power or duty pertaining to any subject or function assigned to him or her or any power or duty conferred or imposed on him or her by any written law, and it shall be lawful for such Deputy Minister to exercise and perform any power or duty delegated notwithstanding anything to contrary in written law by which that power or duty is conferred or imposed on such Minister. 46. (1) The total number of:- (a) Ministers of Cabinet of Ministers shall not exceed thirty; and (b) Ministers who are not members of Cabinet of Ministers and Deputy Ministers shall not, in aggregate, exceed forty. (2) A Minister of Cabinet of Ministers, a Minister who is not a member of Cabinet of Ministers and a Deputy Minister, shall continue to hold office throughout period during which Cabinet of Ministers continues to function under provisions of on unless he or she:- (a) is removed from office under hand of President on advice of Prime Minister; (b) resigns from office by a writing under his or her hand addressed to President; or (c) ceases to be a Member of Parliament. 19
(3) If at conclusion of General Election held immediately after coming into force of this, recognized political party or independent group obtaining highest and recognized political party or independent group obtaining second highest number of seats in Parliament agrees to form a Governm national unity, n, notwithstanding provisions of paragraph (1), number of Ministers of Cabinet of Ministers and number of Ministers outside of Cabinet of Ministers and Deputy Ministers, may be increased up to forty-five and fifty-five, respectively, if Parliament agrees to such increase, within two weeks of first sitting of such Parliament. Cabinet of Ministers after dissolution of Parliament. 47. (1) The Cabinet of Ministers functioning immediately prior to dissolution of Parliament shall, notwithstanding such dissolution, continue to function and shall cease to function upon conclusion of General Election and accordingly, Prime Minister and Ministers of Cabinet of Ministers, shall continue to function unless y cease to hold office as provided in sub-paragraph (a) or (b) of paragraph (2) of 46. (2) Notwithstanding death, removal from office or resignation of Prime Minister, during period intervening between dissolution of Parliament and conclusion of General Election, Cabinet of Ministers shall continue to function with or Ministers of Cabinet of Ministers as its members, until conclusion of General Electi The President may appoint one such Minister to exercise, perform and discharge powers, duties and functions of Prime Minister. (3) On death, removal from office or resignation, during period intervening between dissolution of Parliament and conclusion of General Election, of a Minister of Cabinet of Ministers, President may, on advice of Prime Minister, appoint any or Minister to be Minister in charge of Ministry of such Minister or to exercise, perform and discharge powers, duties and functions of such Minister. 20
Dissolution of Cabinet of Ministers. 48. (1) On Prime Minister ceasing to hold office by death, resignation or orwise, except during period intervening between dissolution of Parliament and conclusion of General Election, Cabinet of Ministers shall, unless President has in exercise of his powers under 70, dissolved Parliament, stand dissolved and President shall appoint a Prime Minister, Ministers of Cabinet of Ministers, or Ministers and Deputy Ministers in terms of s 42, 43, 44 and 45: Provided that if after Prime Minister so ceases to hold office Parliament is dissolved, Cabinet of Ministers shall continue to function with or Ministers of Cabinet as its members, until conclusion of General Electi The President may appoint one such Minister to exercise, perform and discharge powers, duties and functions of Prime Minister, and provisions of 47 shall, mutatis mutandis, apply. (2) If Parliament rejects Statem Government Policy or Appropriation Bill or passes a vote of no-confidence in Government, Cabinet of Ministers shall stand dissolved, and President shall, unless he has in exercise of his powers under 70, dissolved Parliament, appoint a Prime Minister, Ministers of Cabinet of Ministers, or Ministers and Deputy Ministers in terms of s 42, 43, 44 and 45. Acting Ministers and Deputy Ministers. Secretary to Cabinet of Ministers. 49. Whenever a Minister of Cabinet of Ministers, or Minister appointed under 44 or a Deputy Minister is unable to discharge functions of his or her office, President may, on advice of Prime Minister, appoint any Member of Parliament to act in place of such Minister of Cabinet of Ministers, or Minister or Deputy Minister. 50. (1) There shall be a Secretary to Cabinet of Ministers who shall be appointed by President. (2) The Secretary shall, subject to direction of Prime Minister, have charge of office of Cabinet of Ministers, and shall discharge and perform such or functions and duties as may be assigned to him or her by Prime Minister or Cabinet of 21
Ministers. Secretary to Prime Minister. 51.(1) There shall be a Secretary to Prime Minister who shall be appointed by President. (2) The Secretary shall have charge of office of Prime Minister and shall perform and discharge duties and functions of his or her office, subject to directions of Prime Minister. Secretaries to Ministries. 52. (1) There shall be a Secretary for every Ministry of a Minister of Cabinet of Ministers, who shall be appointed by President. (2) The Secretary to a Ministry shall, subject to direction and control of his or her Minister, exercise supervision over departments of government and or institutions in charge of Minister. (3) The Secretary to a Ministry shall cease to hold office upon dissolution of Cabinet of Ministers under provisions of on or upon a determination by Prime Minister under 43 or 44 which results in Ministry ceasing to exist. (4) For purposes of this, office of Secretary to President, office of Secretary to Cabinet of Ministers, office of Auditor General, office of Parliamentary Commissioner for Administration (Ombudsman), office of Secretary General of Parliament, onal Council, and Commissions referred to in Schedule to 41B shall be deemed not to be departments of Government. Official oath and affirmati 53. Every person appointed to any office referred to in this Chapter shall not enter upon duties of his or her office until he or she takes and subscribes oath, or makes and subscribes affirmation, set out in Fourth Schedule.. 22
54 of 12. 54 of on is hereby amended as follows:- (1) by repeal of paragraph (1) of that, and substitution refor of following paragraph:- (1) There shall be a Public Service Commission (in this Chapter referred to as Commission") which shall consist of nine members appointed by President on recommendation of onal 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 recommendation of onal Council shall appoint one member as its Chairman. ; (2) by repeal of paragraph (4) of that, and substitution refor of following paragraph:- (4) Every member of Commission shall hold office for a period of three years from date of appointment, unless member becomes subject to any disqualification under paragraph (2) or earlier resigns from his or her office by writing addressed to President or is removed from office by President with approval of onal Council or is convicted by a court of law of any offence involving moral turpitude or if a resolution for imposition of civic disability upon member has been passed in terms of 81 or is deemed to have vacated his or her office under paragraph (6). ; and (3) by repeal of paragraph (7) of that, and substitution refor of following paragraph:- (7) The President may grant a member leave from performance of his or her duties relating to Commission for a period not exceeding two months and shall, for duration of such period, on recommendation of onal Council, appoint a person qualified to be a member of Commission, to be a temporary member for period of such leave.. 56 of 13. 56 of on is hereby amended in paragraph (1) of that, by substitution for words as are specified by Cabinet of Ministers, of words as are specified by Commission. 14. 57 of on is hereby amended in paragraph (1) of that, by substitution for words as are specified by Cabinet of 23
57 of 61A of Replace m 61E and 61F of Ministers, of words as are specified by Commission. 15. 61A of on is hereby amended by substitution for words Subject to provisions of paragraphs (1), (2), (3), (4), and (5) of 126, of words Subject to provisions of 59 and of 126,. 16. s 61E and 61F of on are hereby repealed and following s substituted refor:- Appointments by President. 61E. (1) The President shall appoint:- (a) Heads of Army, Navy and Air Force; (b) subject to approval of onal Council, Attorney General and Inspector General of Police, (2) The holders of Offices of Attorney General and Inspector General of Police shall retire from ir respective Office, upon ir attaining age of sixty years. Interpretati 61F. For purposes of this Chapter "public officer" does not include a member of Army, Navy, or Air Force, an officer of Election Commission appointed by such Commission, a police officer appointed by National Police Commission, a scheduled public officer appointed by Judicial Service Commission or a member of Sri Lanka State Audit Service appointed by Audit Service Commissi. 62 of 17. 62 of on is hereby amended by repeal of paragraph (2) of that, and substitution refor of following paragraph:- (2) Unless Parliament is sooner dissolved, every Parliament shall continue for five years from date appointed for its first 24
meeting and no longer, and expiry of said period of five years shall operate as a dissolution of Parliament.. 65 of 18. 65 of on is hereby amended as follows:- (1) by repeal of paragraph (1) of that, and substitution refor of following paragraph:- (1) There shall be a Secretary General of Parliament who shall, subject to approval of onal Council, be appointed by President and who shall hold office during good behaviour. ; and (2) by repeal of paragraph (6) of that, and substitution refor of following paragraph:- (6) Whenever Secretary General is unable to discharge functions of his or her office, President may, subject to to approval of onal Council,appoint a person to act in place of Secretary General.. 70 of 19. 70 of on is hereby amended by repeal of paragraph (1) of that, and substitution refor of following paragraph:- (1) The President may by Proclamation, summon, prorogue and dissolve Parliament: Provided that President shall not dissolve Parliament until expiration of a period of not less than four years and six months from date appointed for its first meeting, unless Parliament requests President to do so by a resolution passed by not less than two-thirds of whole number of Members (including those not present), voting in its favour.. 78 of 20. 78 of on is hereby amended by repeal of paragraph (1) of that, and substitution refor of following paragraph:- (1) Every Bill shall be published in Gazette at least fourteen days before it is placed on Order Paper of Parliament.. 21. 85 of on is hereby amended by repeal of paragraph 25
85 of 91 of (2) of that. 22. 91 of on is hereby amended in sub-paragraph (d) of paragraph (1) of that as follows:- (1) by substitution for items (v), (va) and (vc) of that subparagraph, of following items:- (v) a member of onal Council, referred to in sub-paragraphs (d), (e) and (f) of paragraph (1) of 41A; (va) a member of any Commission specified in Schedule to 41B; (vb) Commissioner General of Elections; ; (2) by substitution in item (vii) of that sub-paragraph, for words a public officer holding any office, of words a public officer or a member of Sri Lanka State Audit Service holding any office. (3) by substitution in item (viii) of that sub-paragraph, for words a public officer holding any office, of words a public officer or a member of Sri Lanka State Audit Service holding any office ; and (4) by addition immediately after item (xii) of that sub-paragraph, of following new item:- (xiii) a citizen of Sri Lanka who is also a citizen of any or country;. 92 of 23. 92 of on is hereby amended as follows:- (1) in paragraph (a) of that, by substitution, for words thirty, of words thirty five ; (2) by addition immediately after paragraph (b) of that, of following new paragraph:- (c) if he has been twice elected to office of President by People. ; and (3) by repeal of paragraph (d) of that. 26
99 of 24. 99 of on is hereby amended by addition at end of that, of following new paragraph:- (14) Except as provided for in paragraph (13) of this, no court shall have jurisdiction to hear and determine any matter relating to disciplinary action taken or proposed to be taken by any recognized political party or independent group against a member reof, who is a Member of Parliament, and accordingly no court shall have power to grant a writ, injunction, an enjoining order or any or relief, preventing, restraining or prohibiting any such action or proposed acti. 103 of 25. 103 of on is hereby amended as follows:- (1) by repeal of paragraph (1) of that, and substitution, of following paragraph refor:- (1) There shall be an Election Commission (in this Chapter referred to as "Commission") consisting of three members appointed by President on recommendation of onal Council, from amongst persons who have distinguished mselves in any profession or in fields of administration or educati One of members so appointed shall be a retired officer of Departm Elections, who has held office as a Deputy Commissioner of Elections or above. The President shall on recommendation of onal Council, appoint one member as its Chairman. ; and (2) by repeal of paragraph (7) of that and substitution, of following paragraph refor:- (7) The President may grant a member leave from performance duties relating to Commission for a period not exceeding two months, and may appoint a person qualified to be a member of Commission to be a temporary member for period of such leave. Every such appointment shall be made on recommendation of onal Council.. 104B of 26. 104B of on is hereby amended by repeal of paragraphs (4), (4a) and (5) of that and substitution of following paragraphs refor;- 27
(4) (a)the Commission shall have power during period of an election, to prohibit use of any movable or immovable property belonging to State or any public corporation:- (i) for purpose of promoting or preventing election or any candidate of 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 Chairman of Commission or of Commissioner General of Elections on instructions of Commissi (b) It shall be duty or every person or officer in whose custody or under whose control such property is for time being, to comply with, and give effect to, such directi (5) (a) The Commission shall have power to issue from time to time, in respect of holding of any election or conduct of a Referendum, such guidelines as Commission may consider appropriate, to any broadcasting or telecasting operator or any proprietor or publisher of a newspaper, as case may be, as Commission may consider necessary to ensure a free and fair electi All such guidelines issued by Commission shall be given adequate publicity in a manner as determined by Commissi (b) It shall be duty of Chairman of Sri Lanka Broadcasting Corporation, Chairman of Sri Lanka Rupavahini Corporation and Chairman of Independent Television Network and Chief Executive Officer of every or broadcasting or telecasting enterprise owned or controlled by State and of enterprise of every private broadcasting or telecasting operator, to take all necessary steps to ensure compliance with such guidelines as are issued to m under subparagraph (a). (c) Where Sri Lanka Broadcasting Corporation, Sri Lanka Rupavahini Corporation or Independent Television Network or any or broadcasting or telecasting enterprise owned or controlled by 28
State or enterprise of every private broadcasting or telecasting operator, as case may be, contravenes any guidelines issued by Commission under sub-paragraph (a), Commission may appoint a Competent Authority by name or by office, who shall, with effect from date of such appointment, take over managem such Broadcasting Corporation, Rupavahini Corporation or Independent Television Network, or or broadcasting or telecasting enterprise owned or controlled by State or enterprise of such private broadcasting or telecasting operator, as case may be, insofar as such management relates to all political broadcasts or any or broadcast, which in opinion of Commission impinge on election, until conclusion of election, and Sri Lanka Broadcasting Corporation, Sri Lanka Rupavahini Corporation and Independent Television Network or or broadcasting or telecasting enterprise owned or controlled by State or enterprise of such private broadcasting or telecasting operator, shall not, during such period, discharge any function connected with, or relating to, such management which is taken over by Competent Authority. (d) Parliament may by law provide for powers and functions of Competent Authority, appointed under sub-paragraph (c). (e) The Commission shall cause guidelines issued by it under this paragraph, to be published in at least one newspaper widely circulated in Sinhala, Tamil and English language. (6) The provisions of paragraph (5) shall not be applicable to an operator, proprietor or publisher, who informs Commission within seven days from date of nomination of candidates at an election or from date of Proclamation requiring a Referendum to be held, that it is policy of broadcasting or telecasting station or newspaper, which such operator, proprietor or publisher represents, to support any particular candidate or any particular named political party or independent group at that election, or to support or to oppose a proposal put to People at that Referendum, as case may be.. 104E of Insertion 27. 104E of on is hereby amended by repeal of paragraph (1) of that and substitution of following paragraph refor:- (1) There shall be a Commissioner General of Elections who shall, subject to approval of onal Council, be appointed by Commission on such terms and conditions as may be determined by Commissi. 28. The following new is hereby inserted immediately after 104G 29
of new 104GG in and shall have effect as 104GG of on:- Failure to comply with directions to be an offence. 104GG. (1) A public officer who:- (a) refuses or fails without a reasonable cause to co-operate with Commission, to secure enforcem any law relating to holding of an election or conduct of a Referendum; or (b) fails without a reasonable cause to comply with any directions or guidelines issued by Commission under sub-paragraph (b) of paragraph (4) or sub-paragraph (a) of paragraph (5), respectively, of 104B, 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. (2) Every High Court established under 154P of on shall have jurisdiction to hear and determine any matter referred to in paragraph (1).. 107 of Replace m 109 of 29. 107 of on is hereby amended by repeal of paragraph (1) of ) of that and substitution of following paragraph refor:- (1) The Chief Justice, Presid Court of Appeal and every or judge of Supreme Court and of Court of Appeal shall, subject to approval of onal Council, be appointed by President by warrant under his hand.. 30. 109 of on is hereby repealed and following substituted refor:- Acting appointments. 109. (1) If Chief Justice or Presid Court of Appeal is temporarily unable to exercise, perform and discharge powers, duties and functions 30
of his or her office, by reason of illness, absence from Sri Lanka or any or cause, President shall, subject to approval of onal Council, appoint anor Judge of Supreme Court, or of Court of Appeal, as case may be, to act in office of Chief Justice, or Presid Court of Appeal,, during such period. (2) If any Judge of Supreme Court or of Court of Appeal is temporarily unable to exercise, perform and discharge powers, duties and functions of his or her office, by reason of illness, absence from Sri Lanka or any or cause, President may, subject to approval of onal Council, appoint anor Judge to act as a Judge of Supreme Court or Court of Appeal, during such period.. 111D of 31. 111D of on is hereby repealed and following substituted refor:- on of Judicial Service Commissi 111D. (1) There shall be a Judicial Service Commission (in this Chapter referred to as "Commission") consisting of Chief Justice and two most senior Judges of Supreme Court appointed by President, subject to approval of onal Council. (2) Where Chief Justice and two most Senior Judges of Supreme Court are Judges who have not had any judicial experience serving as a Judge of a Court of First Instance, Commission shall consist of Chief Justice, senior most Judge of Supreme Court and next most senior Judge of such Court, who has had experience as a Judge of a Court of First Instance. (3) The Chief Justice shall be Chairman of Commissi. 31
111E of 32. 111E of on is hereby amended by repeal of paragraphs (5) and (6) of that and substitution of following paragraphs refor:- (5) The President may grant to any member of Commission leavefrom duties and may appoint subject to approval of onal Council, a person qualified to be a member of Commission to be a temporary member for period of such leave. (6) The President may, with approval of onal Council, and for cause assigned, remove from office any member of Commissi. Repeal of 122 of 123 of 124 of on 129 of 134 of 33. 122 of on is hereby repealed. 34. 123 of on is hereby amended by repeal of paragraph (3) of that. 35. 124 of on is hereby amended by substitution for words and figures provided in s 120, 121 and 122,, of words and figures provided in s 120 and 121. 36. 129 of on is hereby amended as follows:- (1) by repeal of paragraph (2) of that ; and (2) in paragraph (3) of that, by substitution for words opinion, determination and report, of words opinion and report. 37. 134 of on is hereby amended by substitution for figures 121, 122, 125,, of figures 121, 125,. 38. 151 of on is hereby amended by repeal of paragraph (2) of that, and substitution of following paragraph refor:- 32