(1) The power of appointment, promotion, transfer,disciplinary control and dismissal of the members belongingto the Sri Lanka State Audit Service, shall be vested in theCommission. . (9) Where there is a law with respect to a matter on theConcurrent List on the date on which this Chapter comes intoforce and a Provincial Council established for a Provincesubsequently makes a statute on the same matter inconsistentwith that law, the provisions of that law shall, unless Parliament,by resolution, decides to the contrary, remain suspended and beinoperative within that Province, with effect from the date onwhich that statute receives assent and so long only as that statuteis in force. . . . .78100 Penalty for sitting and voting in Parliament when disqualified 80101 Parliament may make provision in respect of elections . . Criminal Law. Such reference shall be made, or such petition shall befiled, within one week of the Bill being placed on the OrderPaper of the Parliament and a copy thereof shall at the same timebe delivered to the Speaker. ]3:1 The National Police Commission shall, before promoting any policeOffier serving in any Provincial Division to the National Division,call for a Confiential Report on such Offier from the relevantProvincial Police Commission and take the matters specifid in suchreport into consideration in deciding whether to promote such Offieror not.3:2 The Commission shall also be responsible for promotions, transfersand disciplinary control of members of the National Division otherthan the I.G.P. 163163 Judges of Supreme court and High court to cease to hold office 163164 Continuation in office of Judges, public officers and others 164165 Oath or affirmation to be taken or made by public officers and others 164166 Powers, privileges, immunities and rights of the Republic 165167 Rights, duties and obligations of the Republic . . . . Any person so succeeding to the office ofPresident shall hold office only for the unexpired period of theterm of office of the President vacating office. . Such a publicofficer or an officer of a public corporation shall not during suchperiod exercise, perform or discharge any of the powers, dutiesor functions of his office.69[103. TheGovernment shall consult the relevant Provincial Council with regardto the utilisation of such land in respect of such subject.1:2 Government shall make available to every Provincial Council Stateland within the Province required by such Council for a ProvincialCouncil subject. The nature, type and quantity of fire-arms and ammunition and other equipmentfor the National Division shall be determined by the National Police Commission.The nature, type and quantity of fire-arms and ammunition and other equipment forall Provincial Divisions shall be determined by the National Police Commissionafter consultation with the Provincial Police Commission and uniform standards andprinciples shall be applied for all Provincial Divisions.9. (9) In the event of there being a vacancy among themembers appointed under sub-paragraphs (d), (e) or (f)) ofparagraph (1), the President shall, within fourteen days of theThe Constitution of the Democratic Socialist Republic of Sri Lanka35occurrence of such vacancy and having regard to the provisionsof the aforementioned sub-paragraphs, appoint another personto succeed such member. . (b) No notice of such resolution shall be entertained by theSpeaker or placed on the Order Paper of Parliament unless itcomplies with the provisions of sub-paragraph (a) and (i) such notice of resolution is signed by not less thantwo-thirds of the whole number of Members ofParliament ; or(ii) such notice of resolution is signed by not lessthan one-half of the whole number of Members ofParliament and the Speaker is satisfid that suchallegation or allegations merit inquiry and report bythe Supreme Court. Notwithstanding anything to the contrary in theConstitution, the person holding office as President on the dateof commencement of this Act, so long as he holds the Officeof President may assign to himself the subjects and functionsof Defence, Mahaweli Development and Environment anddetermine the Ministries to be in his charge for that purpose andaccordingly, any reference in any written law to the Minister towhom such subject or function is assigned, shall be read andconstrued as a reference to the President.President in officeto be in charge ofcertain subjects andfunctionsThe Constitution of the Democratic Socialist Republic of Sri Lanka182FIRST SCHEDULEARTICLE 5Names of Administrative Districts1 Colombo2 Gampaha3 Kalutara4 Kandy5 Matale6 Nuwara Eliya7 Galle8 Matara9 Hambantota10 Jaffna140[11 Kilinochchi]12 Mannar13 Vavuniya14 Mullaitivu15 Batticaloa16 Ampara17 Trincomalee18 Kurunegala19 Puttalam20 Anuradhapura21 Polonnaruwa22 Badulla23 Moneragala24 Ratnapura25 Kegalle140- Inserted by the Seventh Amendment to the Constitution Sec.5The Constitution of the Democratic Socialist Republic of Sri Lanka183SECOND SCHEDULEARTICLE 6THE NATIONAL FLAGThe Constitution of the Democratic Socialist Republic of Sri Lanka184The Constitution of the Democratic Socialist Republic of Sri Lanka185THIRD SCHEDULEARTICLE 7Words and Music of the National AnthemThe Constitution of the Democratic Socialist Republic of Sri Lanka186The Constitution of the Democratic Socialist Republic of Sri Lanka187The Constitution of the Democratic Socialist Republic of Sri Lanka188The Constitution of the Democratic Socialist Republic of Sri Lanka189FOURTH SCHEDULEARTICLE 32, 53, 61, 107, 165I dosolemnly declare and affirm that I will faithfully perform the dutiesswearthe duties and discharge the functions of the office of in accordance with theConstitution of the Democratic Socialist Republic of Sri Lanka and thelaw, and that I will be faithful to the Republic of Sri Lanka and that Iwill to the best of my ability uphold and defend the Constitution of theDemocratic Socialist Republic of Sri Lanka.The Constitution of the Democratic Socialist Republic of Sri Lanka190FIFTH SCHEDULEARTICLE 114 (6)Clerks141[Deputy Fiscals]InterpretersStenographersTypistsBinders141- Substituted by the Eleventh Amendment to the Constitution Sec. . Training of teachers and other educational personnel will come within thepurview of the National Institute of Education. Parliament shall by law provide for (a) the election of members of Provincial Councils andthe qualifiations for membership of such Councils ;(b) the procedure for transaction of business by everysuch Council ; (c) the salaries and allowances of members of ProvincialCouncils ; and(d) any other matter necessary for the purpose of givingeffect to the principles of provisions of this Chapter,and for any matters connected with or incidental to,the provisions of this Chapter.Functions, powers,election &c. ofProvincial CouncilsThe Constitution of the Democratic Socialist Republic of Sri Lanka135154R. 14 Exercise of Sovereignty . The aforesaid parts ofthe Ceylon (Parliamentary Elections) Order inCouncil, 1946, shall, for the purposes of suchelection and notwithstanding the repeal of suchOrder in Council, be deemed to be in force andshall, mutatis mutandis and except as otherwiseexpressly provided in the Constitution, apply tosuch election. . . . (b) The Public Service Commission. . The President may, subject to the provisions of Article85, submit to the People by Referendum any matter which in theopinion of the President is of national importance.87. . . ]27 [ 33A. (3) Parliament shall by law provide for all matters relating tothe procedure for the election of the President by Parliament andall other matters necessary or incidental thereto.Vacation of officeby Presidentand electionof succeedingPresidentThe Constitution of the Democratic Socialist Republic of Sri Lanka3241. . 44 of 1973,on the day preceding the commencement of theConstitution shall stand removed to the said HighCourt of the Repubilc of Sri Lanka and such Courtshall have jurisdiction to take cognizance of, hearand determine or to continue and complete the sameand the judgments and orders of the aforesaid HighCourts delivered or made before the commencementof the Constitution shall have the same force andeffect as if they had been delivered or made by theHigh Court of the Republic of Sri Lanka ;(8) the President of the Court of Appeal shall fromtime to time as he may deem expedient nominatethe Judges of the High Court of the Republic of SriLanka to exercise the jurisdiction of the High Courtin such zones as he may determine and the provisionsof Chapter II of the Administration of Justice Law,No. Provincial debt.32. . ]Expenses of theCommission tobe charged on theConsolidated FundInterpretationThe Constitution of the Democratic Socialist Republic of Sri Lanka152CHAPTER XXGENERAL157. Unless otherwiseprovided in the Constitution, every reference in anyexisting written law to the Supreme Court shall bedeemed to be a reference to the Court of Appeal ;(3) all appellate proceedings including proceedingsby way of revision, case stated and restitutio inintegrum pending in the Supreme Court establishedunder the Administration of Justice Law, No. (6) A Proclamation under this Article shall be conclusive forall purposes and shall not be questioned in any Court, and noCourt or Tribunal shall inquire into, or pronounce on, or in anymanner call in question, such Proclamation or the grounds formaking thereof.154M. . . . . . . . (2) A judge or presiding officer of any such court, tribunalor other institution may, in his discretion, whenever he considersit desirable (a) in proceedings relating to family relations,(b) in proceedings relating to sexual matters,(c) in the interests of national security or public safety,or(d) in the interests of order and security within theprecincts of such court, tribunal or other institution,exclude therefrom such persons as are not directly interestedin the proceedings therein.Independence of the Judiciary107. Thisunused quota should be utilized within a given time-frame.2:7 The distribution of allotments in such projects on the basis of theaforesaid principles would be done as far as possible so as not todisturb very signifiantly the demographic pattern of the Province andin accordance with the principle of ensuring community cohesivenessin human settlements.2:8 The administration and management of such projects will be done bythe Government of Sri Lanka.3. . : Provided that any Offier of the National Division seconded to anyProvincial Division against whom disciplinary action has been takenby a Provincial Police Commission, shall have the right to appeal tothe National Police Commission, whose decision on such appeal shallbe fial.5. . . Acquisition and requisitioning of Property.7 Social Services and Rehabilitation 7:1 Relief, rehabilitation and resettlement of displaced persons ;7:2 Relief of distress due to flods, droughts, epidemics or otherexceptional causes and rehabilitation and resettlement of thoseaffected ;The Constitution of the Democratic Socialist Republic of Sri Lanka2197:3 Restoration, reconstruction and rehabilitation of towns, villages,public institutions and properties, industries, business places, placesof worship and other properties destroyed or damaged, grant ofcompensation or relief to persons or institutions who have sustainedloss or damage and the reorganization of civil life.8. Thepower of the Court of Appeal shall include the power to punishfor contempt of any other court, tribunal or institution referredto in paragraph (1)(c) of this Article, whether committed in thepresence of such court or elsewhere :Provided that the preceding provisions of this Article shallnot prejudice or affect the rights now or hereafter vested byany law in such other court, tribunal or institution to punish forcontempt of itself. . . The "Basic Communications Technology for Citizen Activists" is a tri Lingual publication of the CPA in 2016, using simple language to introduce grassroots citizen activists to the most popular e-communications and new media platforms including G- Mail, YouTube, and Facebook among others. (1) The Judicial Service Commission is hereby vestedwith the Power to -(a) transfer judges of the High Court ;(b) appoint, promote, transfer, exercise disciplinarycontrol and dismiss judicial offiers and scheduledpubilc offiers. 64CHAPTER XIVTHE FRANCHISE AND ELECTIONS88 Right to be an elector . 117153D Influencing or attempting to influence decision of the Commission orany officer of the Sri Lanka State Audit Service, to be an offence.118153E Immunity from legal proceedings . . Members of the National Division and the Provincial Divisions shall wear thesame uniforms and insignia of rank, provided that uniforms of the members of eachDivision shall bear a distinctive shoulder flash, indicating the Division to which hebelongs.10:1 There shall be one uniformed police force in each Province, comprisingof the members of the Provincial Division and the offiers secondedthereto. . . . ](2) Parliament shall be summoned to meet once at least inevery year. . . . . . . View Note. (1) A Provincial Council may, by resolution, decidenot to exercise its powers under Article 154G with respect to anymatter or part thereof set out in the Provincial Council List or theConcurrent List of the Ninth Schedule. (2) All decisions of the Commission shall be made by amajority of votes of the members present at the meeting. . . Notwithstanding the expiration of the term of office ofthe members of the Council or of the members of any Commissionspecified in the Schedule to Article 41B, the members of theCouncil or of such other Commission shall continue in officeContinuationin office of themembers of theCouncilThe Constitution of the Democratic Socialist Republic of Sri Lanka39until the assumption of office by the new members of the Councilor of such other Commission.41G. Additional Physical Format: Online version: Cooray, Joseph, A.L., 1912-Constitutional and administrative law of Sri Lanka. 17 January 2008. (4) An appeal shall lie directly to the Supreme Court on anymatter and in the manner specifically provided for by any otherlaw passed by Parliament.129. . . Agriculture and Agrarian Services 9:1 Agriculture, including agricultural extension, promotion andeducation for provincial purposes and agricultural services (otherthan in inter-provincial irrigation and land settlement schemes, Stateland and plantation agriculture) ;9:2 Rehabilitation and maintenance of minor irrigation works ;9:3 Agricultural research save and except institutions designated asnational agricultural research institutions.10. For the purposes of this Chapter public officer doesnot include a member of the Army, Navy, or Air Force, an officerof the Election Commission appointed by such Commission, apolice officer appointed by the National Police Commission,a scheduled public officer appointed by the Judicial ServiceCommission or a member of the Sri Lanka State Audit Serviceappointed by the Audit Service Commission. 6589 Disqualification to be an elector . 6892 Disqualification for election as President . No member shall beeligible to hold office as a member of the Commission for morethan two terms. 2737 Exercise, performance and discharge of powers, duties and functionsof the President by the Prime Minister . Fees in respect of any of the matters in this List, excluding fees taken in anyCourt.27. 14 of 1967, or such other law as maybe enacted in substitution therefor, shall not be a contraventionof this Article.The Constitution of the Democratic Socialist Republic of Sri Lanka614. . . . . . . The Sovereignty of the People shall be exercised andenjoyed in the following manner :(a) the legislative power of the People shall be exercisedby Parliament, consisting of elected representativesof the People and by the People at a Referendum ;(b) the executive power of the People, including thedefence of Sri Lanka, shall be exercised by thePresident of the Republic elected by the People ;(c) the judicial power of the People shall be exercised byParliament through courts, tribunals and institutionscreated and established, or recognized, by theConstitution, or created and established by law, exceptin regard to matters relating to the privileges, immunitiesand powers of Parliament and of its Members, whereinthe judicial power of the People may be exerciseddirectly by Parliament according to law ;(d) the fundamental rights which are by the Constitutiondeclared and recognized shall be respected, securedand advanced by all the organs of government andshall not be abridged, restricted or denied, save in themanner and to the extent hereinafter provided; and(e) the franchise shall be exercisable at the election ofthe President of the Republic and of the Members ofParliament and at every Referendum by every citizenwho has attained the age of eighteen years andwho, being qualifid to be an elector as hereinafterprovided, has his name entered in the register ofelectors.The State.Unitary State.Sovereignty of thePeople.Exercise ofSovereignty.The Constitution of the Democratic Socialist Republic of Sri Lanka25. . . The President shall appoint one ofsuch persons to be the Chairman. . xvii CHAPTER ITHE PEOPLE , THE STATE AND SOVEREIGNTY1 The State .. . . . Election pledge or a commission report also could play a key role . . . Debating Federalism in Sri Lanka and Nepal. A Commentary on Civil Procedure Code and Civil Law in Sri Lanka - Volume 1 - by U.L.Abdul Majeed Rs.5,000/- A Commentary on Civil Procedure Code and Civil Law in Sri Lanka - Volume 2 - by U.L.Abdul Majeed Rs.4,500/- A Commentary on Civil Procedure Code and Civil Law in Sri Lanka Vol. . . (5) No suit, prosecution or other proceeding, shall lie againstany police officer made available to the Commission under thisArticle for any lawful act or thing in good faith done by suchpolice officer, in pursuance of a direction of the Commission orhis functioning under the Commission.104D. The Sri Lankan Navy is alleged to have been responsible for the forcible disappearance of the so-called "Navy 11". . . . 27 The National Anthem . . The borrowing of money to the extent permitted by or under any law made byParliament.36:1 Turnover taxes on wholesale and retail sales within such limits andsubject to such exemptions as may be prescribed by law made byParliament ;36:2 Betting taxes, and taxes on prize competitions and lotteries, otherthan National Lotteries and lotteries organized by the Government ofSri Lanka ;36:3 Licence taxes, arrack, toddy rents, tapping licence fees and liquorlicence fees ;36:4 Motor vehicle licence fees within such limits and subject to suchexemptions as may be prescribed by law made by Parliament ;36:5 Dealership licence taxes on drugs and other chemicals ;36:6 Stamp duties on transfer of properties, such as lands and motor cars ;36:7 Toll collections ;36:8 Fines imposed by courts ;36:9 Fees charged under the Medical Ordinance ;36:10 Fees charged under the Motor Traffi Act ;36:11 Departmental fees in respect of any of the matters specifid in thisList ;The Constitution of the Democratic Socialist Republic of Sri Lanka19936:12 Fees under the Fauna and Flora Protection Ordinance ;36:13 Fees on lands alienated under the Land Development Ordinanceand Crown Lands Ordinance ;36:14 Court fees, including stamp fees on documents produced in court ;36:15 Regulatory charges under the Weights and Measures Ordinance ;36:16 Land revenue, including the assessment and collection of revenueand maintenance of land records for revenue purposes ;36:17 Taxes on lands and buildings including the property of the State tothe extent permitted by law made by Parliament ;36:18 Taxes on mineral rights within such limits and subject to suchexemptions as may be prescribed by law made by Parliament ;36:19 Licensing fees on the possession, transport, purchase and sale ofintoxicating liquors ;36:20 Other taxation within the Province in order to raise revenue forprovincial purposes to the extent permitted by or under any lawmade by Parliament.37. Upon receipt of the report of such Judge, the President mayrevoke the Proclamation made under paragraph (1). ](8) A member of the Commission shall be paid suchemoluments as may be determined by Parliament. All Officers of the rankof A.S.P. 4(3).The Constitution of the Democratic Socialist Republic of Sri Lanka163advocated the establishment of a separate Statewithin the territory of Sri Lanka, the seat ofsuch Member shall be deemed to be vacant witheffect from the date of such declaration andsuch Member shall be disqualifid from sittingand voting in Parliament and from being electedor nominated to Parliament for a period ofseven years from the date of such declaration.The vacancy occurring in the membership ofParliament by reason of such declaration shall befiled in the manner provided in paragraph (iii). . (4) The Chief Justice and any three Judges of the SupremeCourt nominated by him may amend, alter or revoke any suchrules of court and such amendment, alteration or revocation ofthe rules will operate in the like manner as set out in the precedingparagraph with reference to the making of the rules of court.The Court of Appeal137. . . . (4) The office of the Parliamentary Commissioner forAdministration shall become vacant (a) upon his death;(b) on his resignation in writing addressed to thePresident;(c) on his attaining the age fied by law;(d) on his removal by the President on account of illhealth or physical or mental infimity; or(e) on his removal by the President on an address ofParliament.125[ (5) Whenever the Parliamentary Commissioner forAdministration is unable to perform or discharge the dutiesand functions of his office, the President shall, subject to theapproval of the Constitutional Council, appoint a person to actin his place. The starting point of any enquiry on religious constitutionalism in Sri Lanka has to be article 9 of the Constitution of the Republic of Sri Lanka. . . The Court of Appeal shall have the power to grant andissue injunctions to prevent any irremediable mischief whichmight ensure before a party making an application for suchinjunction could prevent the same by bringing an action in anyCourt of First Instance :Provided that it shall not be lawful for the Court of Appealto grant an injunction to prevent a party to any action in anycourt from appealing to or prosecuting an appeal to the CourtPower to bringup and removeprisonersPower to grantinjunctionThe Constitution of the Democratic Socialist Republic of Sri Lanka112of Appeal or to prevent any party to any action in any courtfrom insisting upon any ground of action, defence or appeal, orto prevent any person from suing or prosecuting in any court,except where such person has instituted two separate actionsin two different courts for and in respect of the same cause ofaction, in which case the Court of Appeal shall have the powerto intervene by restraining him from prosecuting one or other ofsuch actions as to it may seem fit.144. A Judge soappointed shall in relation to such inquiry have the powers ofa Commissioner appointed under the Commissions of InquiryAct. (1) Within one month of the commencement of theConstitution, Parliament shall by resolution determine thesalary, allowances and pension entitlement of the holders ofthe office of President. (9) Without prejudice to the powers of the President underArticle 34 and subject to his directions the Governor of a Provinceshall have the power to grant a pardon to every person convictedThe Constitution of the Democratic Socialist Republic of Sri Lanka124of an offence against a statute made by the Provincial Council ofthat Province or a law made by Parliament on a matter in respectof which the Provincial Council has power to make statutes andto grant a respite or remission of punishment imposed by Courton any such person :Provided that where the Governor does not agree with theadvice of the Board of Ministers in any case and he considers itnecessary to do so in the public interest, he may refer that caseto the President for orders. (1) The President shall appoint:-(a) the Heads of the Army, the Navy and the Air Force;(b) subject to the approval of the Constitutional Council,the Attorney-General and the Inspector-General ofPolice,(2) The holders of the Offices of Attorney-General and theInspector-General of Police shall retire from their respectiveOffice, upon their attaining the age of sixty years.61F. (1) The several electoral districts shall together beentitled to return one hundred and ninety-six members. . 110141 Power to issue writs of habeas corpus . (2) A police officer aggrieved by any order relating topromotion, transfer or any order on a disciplinary matter ordismissal made by the Inspector-General of Police or a Committeeor a Police Officer referred to in Article 155H and 155J inrespect of such officer may, appeal to the Commission againstsuch order in accordance with rules made by the Commissionfrom time to time regulating the procedure and the period fixedfor the making and hearing of an appeal by the Commission. . (1) The Commission shall from time to time by noticepublished in the Gazette appoint by name or by office a person tobe a Returning Officer to each electoral district, and may appointby name or by office one or more persons to assist the ReturningOfficer in the performance of his duties. 4350 Secretary to the Cabinet of Ministers . . . . (3) Any Bill or any provision in any Bill submitted to thePeople by Referendum shall be deemed to be approved by thePeople if approved by an absolute majority of the valid votescast at such Referendum :Provided that when the total number of valid votes cast doesnot exceed two-thirds of the whole number of electors entered inthe register of electors, such Bill shall be deemed to be approvedonly if approved by not less than one-third of the whole numberof such electors.86. 1 MemberAnuradhapura District. (1) All persons are equal before the law and are entitledto the equal protection of the law. . . (6) All actions, prosecutions, proceedings, matters or things,including proceedings of Commissions appointed or establishedby or under any existing written law, pending or uncompletedon the commencement of the Constitution shall, subject to theprovisions of the Constitution and mutatis mutandis, be deemedto continue and may be carried on and completed after thecommencement of the Constitution.169. All Police Officers serving in units of the National Division and ProvincialDivisions in any Province shall function under the direction and control of the D. I.G. . Constitutional and administrative law (public law) is an essential element of all law degrees. . . . (4) No person shall be punished with death or imprisonmentexcept by order of a competent court, made in accordance withprocedure established by law. 2 MembersKalutara District . 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