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Select Committee's Report on Constitutional Reforms
Presented to Parliament on 24.10.1997

Chapter XXI

FINANCE

Taxes not to be imposed save by authority of law or statute

(206) A tax shall not be levied or collected except by or under law or statute.

Central and Regional Finances

(207) (1) (a) Subject to the provisions of this chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to the Regions, all funds of the Central Government not allocated for specific purposes shall form one consolidated fund to be called the Consolidated Fund of Sri Lanka into which shall be paid the produce of all taxes, imports, rates and duties and all other revenues of the Central Government.

(b)_ All revenues received by a Regional Administration and all loans raised by such Administration, and all monies received by such Administration in repayment of loans shall form one consolidated fund to be called the Consolidated Fund of the Region.

(c) All other public monies received by or on behalf of the Central Government or a Regional Administration shall be credited to the Consolidated Fund of Sri Lanka or the Consolidated Fund of the Region as the case may be.

(d) Money out of the Consolidated Fund of Sri Lanka or the Consolidated Fund of the Region shall not be appropriated except in accordance with law or statute and for the purposes and in the manner provided in the constitution.

(2) (a) Notwithstanding any of the provisions of this chapter, Parliament may by law create a Contingencies Fund for the purpose of providing for urgent and unforeseen expenditure.

(b) The Minister of the Cabinet of Ministers in charge of the subject of Finance, if satisfied -

(i) that there is need for any such expenditure, and

(ii) that any provision does not exist for such expenditure, may, on the recommendation of Parliament, authorise provision to be made therefore by an advance from the Contingencies Fund.

(c) After each such advance, a supplementary estimate shall, within a period of three months, be presented to Parliament for the purpose of replacing the amounts so advanced.

(d) The Regional Council may by Statute establish a Contingency Fund in the nature of an imprest to be entitled the Contingency Fund of the Region into which shall be paid from time to time such sums as may be determined by such statute and such fund shall be placed at the disposal of the Minister of the Board of Ministers of the Region in charge of the subject of Finance to enable advances to be made by such minister out of such fund with the consent of the Chief Minister of the Region for the purpose of meeting unforeseen expenditure and after each such advance, a supplementary estimate shall, within a period of three months, be presented to the Regional Council for the purpose of replacing the amounts so advanced.

(3) (a) Such excise duties as may be prescribed by Parliament on the recommendation of the Finance Commission shall be levied by the Central Government but shall be collected -

(i) in the case where such duties are leviable within the Capital Territory, by the Central Government; and

(ii) in other cases, by the Regional Administrations of the Regions within which such duties are respectively leviable.

(b) The proceeds in any financial year of any such duty leviable within any region shall not form part of the Consolidated Fund of Sri Lanka and shall be assigned to that region.

(4) (a) Taxes on wholesale and retial sales (other than sales by manufacturers) shall be levied and collected by the Central Government but shall be apportioned to the regions in the manner provided in sub-paragraph (b) of this paragraph.

(b) The net proceeds in any financial year of any such tax except in so far as those proceeds represent proceeds attributable to the Capital Territory shall not form part of the Consolidated Fund of Sri lanka but shall be assigned to the Region within which such tax is leviable in that year in accordance with such principles of apportionment as may be prescribed by Parliament on the recommendation of the Finance Commission.

(c) The Finance Commission shall also formulate principles for determining where a sale or purchase or consignment of goods takes place in the course of inter-regional trade or commerce for the purpose of sub-paragraph (b) of this paragraph.

(5) (a) Such taxes on sales or income not otherwise provided for shall be levied and collected by the Central Government and shall be distributed in the manner provided in sub-paragraph (b) of this paragraph.

(b) Such percentage as may be prescribed by Parliament of the net proceeds in any financial year of any such tax not attributable to the Capital Territory shall be assigned to the region within which such tax is leviable in that year and shall be distributed amongst those regions in such manner, and from such time, as may be prescribed by the Finance Commission.

(6) Such sums as Parliament may by law provide shall be charged to the Consolidated Fund of Sri Lanka in each year as grants in aid of the revenue of such regions as Parliament may determine to be in need of assistance, and different sums may be fixed for different regions.

Withdrawals of sums from Consolidated Fund of Sri Lanka.

(208) (1) Save as otherwise expressly provided in paragraphs (3) and (4) of this Article, money shall not be withdrawn from the Consolidated Fund of Sri Lanka except under the authority of a warrant under the hand of the Minister of the Cabinet of Ministers in charge of the subject of finance.

(2) Any warrant under paragraph (1) of this Article shall not be issued unless money has by resolution of Parliament or by any law been granted for specified public services for the financial year during which the withdrawal is to take place or is otherwise lawfully charged on the Consolidated Fund of Sri Lanka.

(3) Where the President dissolves Parliament before the Appropriation Bill for the financial year has passed into law, the President may, unless Parliament shall have already made provision, authorise the issue from the Consolidated Fund of Sri Lanka and the expenditure of such monies as the President may consider necessary for public services until the expiration of a period of three months from the date on which the new Parliament is summoned to meet.

(4) Where the President dissolves Parliament and fixes a date or dates for a General Election the President may, unless Parliament has already made provision in that behalf, authorise the issue from the Consolidated Fund of Sri Lanka and the expenditure, of such monies as the President may, after consultation with the Commissioner of Elections, consider necessary for such elections.

(5) Money shall not be withdrawn from the Consolidated Fund of a Region except under a warrant under the hand of the Chief Minister of the Region.

(6) A warrant under paragraph (5) of this Article shall not be issued unless the money has by Statute of the Regional Council established for the Region, been granted for services for the financial year during which the withdrawal is to take place or is otherwise lawfully charged on the Consolidated Fund of the Region.

Special Provisions as to Bills affecting Public Revenue of Sri Lanka

(209) A Bill or motion, or authorising the disposal of any monies of, or the imposition of charges upon, the Consolidated Fund of Sri Lanka or other funds of the Central Government, or the imposition of any tax or the repeal, augmentation or reduction of any tax for the time being in force shall not be introduced in Parliament except by a Minister of the Cabinet of Ministers, and unless such Bill or motion has been approved either by the Cabinet of Ministers or in such manner as the Cabinet of Ministers may authorise.

Regional borrowing and investment in the Region

(210) (1) (a) The executive power of the Region extends to domestic and international borrowing upon the security of the Consolidated Fund of the Region.

(b) International borrowings by a Regional Administration shall be subject to such criteria and limitations as may be specified by the Minister of the Cabinet of Ministers in charge of the subject of Finance, and shall require the concurrence of that Minister.

(2) (a) The limits as regards domestic borrowing and the limitations and criteria as regards international borrowing by each Regional administration for each financial year shall subject to the provisions of sub-paragraph (b) of this paragraph be laid down by the Minister of the Cabinet of Ministers in charge of the subject of Finance before the thirtieth day of September of the preceding financial year.

(b) In laying down these limits and criteria, the Minister shall take into consideration the requirements of fiscal policy and the demands of monetary stability as well as the repayment capacity of each Regional administration.

(3) Any agreements negotiated and entered into by Regional adminstrations regarding international grants and foreign development assistance shall be in accordance with the national policies on international aid as laid down, from time to time, by the Cabinet of Ministers and approved by Parliament.

Finance Commission

(211) (1) (a) There shall be a Finance Commission consisting of five members who have distinguished themselves or held high office, in the fields of finance, law, administration, business or learning, and who shall be appointed by the President on the recommendation of the Constitutional Council.

(b) In making a recommendation under sub-paragraph (a) of this paragraph, the Constitutional Council shall ensure that the three major communities are represented on the Commission.

(2) Every member of the Commission, unless the member earlier resigns or is removed, from office, shall hold office for a period of three years.

(3) The Central Government shall, on the recommendation of and in consultation with the Commission, allocate from the annual budget such funds as are adequate for the purpose of meeting the needs of the Regions.

(4) Subject to paragraph (5) of this Article, it shall be the duty of the Commission to make recommendations to the President as to -

(a) the principles on which such funds as are granted annually by the Central Government for the use of Regions, shall be apportioned between the various Regions;

(b) the principles on which the sharing and assignment or the assignment of revenue between the Central Government and the Regions should take place with a view to ensuring the assured measure of finances necessary for effective devolution; and

(c) any other matter referred to the Commission by the President relating to regional finance.

(5) In making the recommendations under sub_paragraphs (a) and (b) of paragraph (4) of this Article, the Commission shall formulate such principles with the objective of achieving balanced regional development in the country, and shall accordingly take into account -

(a) the population of each Region;

(b) the per capita income of each Region;

(c) the need, progressively, to reduce social and economic disparities;

(d) the need, progressively, to reduce the difference between the per capita income of each Region and the highest per capita income among the Regions;

(e) the need to have effective utilisation of the monies made available to the respective Regions;

f) any exceptional expenditure incurred by a Regional Administration to meet exigencies such as natural disasters;

(g) the returns submitted to the Commission by every Regional Administration including information relating to expenditure; and

(h) the reports of the Auditor-General consequent to the audits of Regional Adminstrations and authorities thereof.

(6) The Commission shall determine its own procedure and shall have such powers in the performance of its duties as Parliament may, by law, confer on it.

(7) The President shall cause every recommendation made by the Finance Commission under this Article to be laid before Parliament, and shall notify Parliament as to the action taken thereon.

(8) Any court, tribunal or other institution shall not inquire into, or pronounce on, or in any manner entertain, determine or rule upon, any question relating to the adequacy of such funds, or any recommendation made, or principle formulated by the Commission.

Exemption of income and property of Central Government and of Regional Administrations from taxation

(212) (1) The property and income of the Central Government shall, save as so far as Parliament may by law otherwise provide, be exempt from all taxes imposed by a Regional Administration.

(2) The property and income of a Regional Administration shall be exempt from taxation by the Central Government save and except customs duties.

Auditor-General

(213) (1) There shall be an Auditor_General who shall be appointed by the President and who shall hold office during good behaviour.

(2) The salary of the Auditor_General shall be determined by Parliament, shall be charged on the Consolidated Fund of Sri Lanka and shall not be reduced during the term of office of the Auditor-General.

(3) The office of the Auditor_General shall become vacant -

(a) upon death;

(b) on resignation in writing addressed to the President;

(c) on attaining the age of sixty years;

(d) on removal by the President on account of ill health or physical or mental infirmity; or

(e) on removal by the President upon an address of Parliament.

(4) Whenever the Auditor_General is unable to discharge the functions of the office, the President may appoint a person to act in the place of the Auditor_General.

Duties and functions of the Auditor_General

(214) (1) The Auditor_General shall audit the accounts of all departments of the Central Government and of the Regional administrations, the Offices of the Cabinet of Ministers, the National Judicial Service Commission, the National Public Service Commission, the Finance Commission, the National Police Commission, Regional Public Service Commissions, Regional Judicial Service Commissions, Regional Police Commissions, and Parliamentary Commissioner for the Administration, the Secretary_General of Parliament, the Commissioner of Elections, the Commission for the Investigation of Bribery or Corruption, local authorities, public corporations and business or other undertakings vested in the Central Government under any written law.

(2) Notwithstanding the provisions of paragraph (1) of this Article, the Minister of the Cabinet of Ministers in charge of any such public corporation or business or other undertaking may, with the concurrence of the Minister of the Cabinet of Ministers in charge of the subject of Finance, and in consultation with the Auditor_General, appoint a qualified auditor or auditors to audit the accounts of such public corporation or business or other undertaking, and where such appointment has been made by the Minister, the Auditor_General may, in writing, inform such auditor or auditors that the Auditor_General proposed to utilise the services of such auditor or auditors for the performance and discharge of the Auditor_General's duties and functions in relation to such public corporation, business or undertaking and thereupon such auditor or auditors shall act under the direction and control of the Auditor-General.

(3) The Auditor-General shall also perform and discharge such duties and functions as may be prescribed by Parliament by law.

(4) (a) The Auditor_General may for the purpose of the performance and discharge of the Auditor_General's duties and functions engage the services of a qualified auditor or auditors who shall act under the direction and control of the Auditor_General.

(b) If the Auditor_General is of opinion that it is necessary to obtain assistance in the examination of any technical, professional or scientific problem relevant to the audit, the Auditor_General may engage the services of

(i) a person not being an employee of the department body or authority the accounts of which are being audited, or

(ii) any technical or professional or scientific institutions not being an institution which has any interest in the management of the affairs of such department, body or authority,

and such person or institution shall act under the direction and control of the Auditor_General.

(5) (a) The Auditor_General or any person authorised or engaged by the Auditor_General shall, in the performance and discharge of the duties and functions of the Auditor_General, be entitled -

(i) to have access to all books, records, returns and other documents;

(ii) to have access to stores and other property; and

(iii) to be furnished with such information and explanations as may be necessary for the performance of such duties and functions.

(b) Every qualified auditor appointed to audit the accounts of any public corporation, or business or other undertaking, or any other person authorized by such auditor shall be entitled to like access, information and explanations in relation to such public corporation, or business or other undertaking.

(6) (a) The Auditor_General shall within ten months after the close of each financial year and as and when the Auditor_General deems it necessary, submit reports on the performance and discharge of the duties and functions of the Auditor_General under the Constitution, to Parliament, in so far as those duties and functions relate to departments of the Central Government, public corporations, local authorities and business and other undertakings vested in the Government under any written law; and to the Regional Council established for a Region in so far those duties and functions relate to the Regional Administration of that Region.

(b) The reports of the Auditor_General relating to the Administration of a Region which are required to be submitted to a Regional Council under sub_paragraph (a) of this paragraph shall be laid before the relevant Regional Council.

(7) Every qualified auditor appointed under the provisions of paragraph (2) of this Article shall submit the auditor's report to the Minister and also submit a copy thereof to the Auditor_General.

(8) In this Article, ``qualified auditor''

(a) an individual who, being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute; or

(b) a firm of Accountants each of the resident partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute.

Chapter XXII

DEFENCE, NATIONAL SECURITY AND LAW AND ORDER

Matters pertaining to Defence, National Security, Law and Order &c.

(215) (1) Defence, national security and the raising, establishment and maintenance of regular, special and para-military forces shall be subjects reserved exclusively for the Central Government.

(2) Law and order shall be a subject devolved on the Regions and shall include public order in the Region and the exercise of police powers.

(3) (a) The nature, type and quantity of firearms, ammunition, explosives, armaments and other equipment for all regional Police Services shall be determined by the National Police Commission after consulting the Regional Police Commissions and uniform standards and principles shall be applied for all regional Police Services.

(b) It shall be the responsibility of the Central Government to procure and issue such firearms, ammunition, explosives, armaments and other equipment determined under sub-paragraph (a) of this paragraph.

National Police Service and National Police Commission

(216) (1) (a) There shall be a National Police Service headed by the National Police Commissioner, and including the National Deputy Police Commissioners, Senior Superintendents of Police, Superintendents of Police, Assistant Superintendents of Police, and other ranks recruited at the national level.

(b) There shall be a National Police Commission consisting of the National Police Commissioner and two other persons appointed by the President on the recommendation of the Constitutional Council.

(c) Notwithstanding anything in Chapter XX, the National Police Commission shall be responsible for recruitment, promotion, transfer, disciplinary control and dismissal of officers in the National Police Service and for the transfer of officers of a Regional Police Service from one Region to another in consultation with the relevant Regional Police Commissions.

(d) The provisions of paragraphs (2), (4), (5), (6), (7), (9) and (10) of Article 194 and Articles 197, 198, 199 shall, mutatis mutandis, apply to the National Police Commission.

(2) Subject to the provisions of this Chapter, the following offences shall be exclusively investigated by the National Police Service -

(a) any offence against the Republic.

(b) any offence relating to the army, navy and air force,

(c) any offence related to elections except local authority elections,

(d) any offence committed against the President,

(e) any offence committed against the Prime Minister, the Speaker of Parliament, a Minister of the Cabinet of Ministers, a Deputy Minister or a Member of Parliament,

(f) any offence committed against a Judge of the Supreme Court or the Court of Appeal, a Member of the Constitutional Council, a Member of any of the Commissions or public bodies specified in the Schedule to Article 123 and persons holding any of the offices specified in the Schedule to Article 124 in Chapter XIV, a member of the National Police Commission, the Secretary General of Parliament, a member of the President's Staff, a member of the Prime Minister's staff or a Member of the Staff of Parliament,

(g) any offence prejudicial to national security or the maintenance of essential services,

(h) any offence relating to coins, currency and Government stamps,

(i) any offence relating to property belonging to the Republic or a State Corporation, Company or Establishment, the whole or part of the capital whereof has been provided by the Republic.

(j) any offence in respect of which courts in more than one Region have jurisdiction;

(k) any international crime; and

(l) any offence under any law relating to any matter in the Reserved List.

(3) All specialized agencies of the Sri Lanka Police existing at the commencement of the Constitution shall form part of the National Police Service.

Regional Police Service and Regional Police Commission

(217) (1) (a) There shall be a Regional Police Service for each Region headed by a Regional Police Commissioner who shall be appointed by the Governor of that Region on the advice of the Chief Minister of that Region.

(b) (i) There shall be a Regional Police Commission for each Region consisting of the Regional Police Commissioner, one member appointed by the Chief Minister of the Region and three members representing the three major communities who shall be appointed by the Governor of that Region upon being nominated by the Constitutional Council acting in consultation with the Board of Ministers for that Region.

(ii) The Governor of the Region shall, in consultation with the members of the Regional Police Commission, appoint one of them as Chairman.

(c) (i) Subject to sub-paragraph (c) (ii) of this sub-paragraph, the Regional Police Commission shall be responsible for the recruitment, transfer, promotion and disciplinary control of officers in the Regional Police Service.

(ii) The Regional Police Commission in exercising its powers under this Article may, if it deems it appropriate, adopt any criteria specified by the National Police Commission in respect of matters referred to in sub-paragraph (c) (i) of this sub-paragraph.

(d) The provisions of paragraphs (2), (3), (4) and (5) of Article 200 and of paragraphs (3), (4) and (5) of Article 203 shall, mutatis mutandis, apply to a Regional Police Commission.

(2) The Regional Police service shall consist of the Regional Police Commissioner, Regional Deputy Police Commissioners, Regional Senior Superintendents of Police, Superintendents of Police, Assistant Superintendents of Police, Chief Inspectors, Inspectors of Police, Sergeants and Constables and other ranks recruited to the Regional Police Service of a Region or seconded to the Region.

(3) All police officers serving in the Region shall function under the Regional Police Commissioner of that Region.

(4) The Regional Police Commissioner shall be responsible to, and be under the control of, the Chief Minister in respect of the maintenance of public order in the Region.

(5) (a) The Regional Police Service shall be responsible for the prevention, detection and investigation of all offences (except the offences specified in paragraph (2) of Article 216) committed within the Region and the institution of prosecutions in the relevant courts other than prosecutions on indictments presented by the Attorney-General in respect of such offences.

(b) In the discharge of the functions referred to in sub-paragraph (a) of this paragraph, the Regional Police Service shall be under the direction, control and the superintendence of the Regional Police Commission.

Co-operation between National and Regional Police Services.

(218) (1) Where the Chief Minister of a Region seeks the assistance of the National Police Service to preserve public order within the Region, the National Police Commissioner shall deploy such personnel as are necessary for the purpose.

(2) Notwithstanding anything to the contrary in this Chapter but subject to paragraph (b) of this paragraph -

(a) it shall be the duty of every officer of the National Police Service or Regional Police Services to take all measures for the prevention, detection and investigation of all offences;

(b) where an offence is required to be investigated exclusively by a police service of which the police officer to whom a complaint is made is not a member, the measures taken in pursuance of such complaint shall be communicated without delay to the relevant police Station or specialized agency having authority to investigate such offence.

(c) it shall be the duty of every police officer of the National Police Service or a Regional Police Service to assist the police officer having lawful authority in the conduct of an investigation in relation to any offence and any steps taken in the proper discharge of this duty shall be deemed to have been lawfully taken.

(3) It shall be the duty of the National Police Service to make available, upon request, the service of specialized agencies and technical assistance to any Regional Police Service.


Chapter XXIII

PUBLIC SECURITY

Public Security.

(219). (1) The Public Security Ordinance in force at the commencement of the Constitution shall be deemed to be a law enacted by Parliament.

(2) The power to make emergency regulations under the Public Security Ordinance or the law for the time being in force relating to public security, shall include the power to make regulations on any matter in List 1 of the Second Schedule, having the legal effect of over-riding, amending or suspending the operation of the provisions of any law except the provisions of the Constitution.

(3) Subject to the provisions of this Chapter, the provisions of any law relating to public security empowering the President to make emergency regulations shall not come into operation, except upon the making of a Proclamation under such law, bringing such provisions into operation.

State of Emergency within a Region

(220) (1) Where the President, upon being advised by the Prime Minister, is of opinion that the security or public order in a Region is threatened by armed insurrection, grave internal disturbances or by any act or omission of the Regional administration which presents a clear and present danger to the unity and sovereignty of the Republic, the President may make a Proclamation bringing the provisions of the law relating to Public Security into force in the Region.

(2) Upon the making of a Proclamation pursuant to paragraph (1) of this paragraph, the President may _ (a) by order deploy in aid of the civil power, the armed forces or any unit of the national police service for the purpose of restoring public order; and (b) make regulations having the legal effect of overriding, amending or suspending the operation of any written law, except the provisions of the Constitution, relating to any matter in List I of the Second Schedule or any matter provided for in Chapter XXII.

(3) Every Proclamation made pursuant to sub-paragraph (a) of this paragraph shall be revoked, as soon as the President is satisfied that public order has been restored in the Region.

Proclamation of Emergency on the request of the Governor.

(221) (1) (a) Where the Governor of a Region, upon being advised by the Chief Minister of the Region is of opinion that a situation has arisen in the Region or part thereof wherein the preservation of public order or the maintenance of supplies and services essential to the life of the community is threatened, the Governor may request the President to make a Proclamation bringing the provisions of the law for the time being in force relating to public security into force in the Region or part thereof.

(b) Where the President makes a Proclamation pursuant to sub-paragraph (a) of this paragraph, it shall be lawful.

(i) for the Central Government, its representatives or agencies, to exercise authority in respect of any subject or function contained in List II of the Second Schedule as may be specified by the Governor acting on the advice of the Chief Minister of the Region;

(ii) for the President to make regulations under the law for the time being in force relating to public security having the legal effect of over-riding, amending or suspending the operations of the provisions of any written law, except the provisions of the Constitution, relating to any matter as may be specified by the Governor acting on the advice of the Chief Minister of the Region, in List II of the Second Schedule.

(2) The regulations under paragraph (b) (ii) of paragraph (1) of this Article, shall as far as is practicable be made in consultation with the Governor acting on the advice of the Chief Minister of the Region and the Regional Attorney-General of the relevant Region.

Communication of Proclamation to Parliament and Regional Councils

(222) (1) Upon the making of a Proclamation pursuant to Articles 220 and 221, the occasion thereof shall subject to the other provisions of this Article, be forthwith communicated to Parliament and, accordingly -

(a) if such Proclamation is issued after the dissolution of Parliament such Proclamation shall operate as a summoning of Parliament to meet on the tenth day after such Proclamation, unless the Proclamation appoints an earlier date for the meeting which shall not be less than three days from the date of the Proclamation and the Parliament so summoned shall be kept in session until the expiration or revocation of such or any further Proclamation or until the conclusion of the General Election which ever event occurs earlier and shall thereupon stand dissolved;

(b) if Parliament is at the date of the making of such Proclamation separated by any such adjournment of prorogation as will not expire within ten days, a Proclamation shall be issued for the meeting of Parliament within ten days.

(2) Where the provisions of the law relating to public security have been brought into operation in a Region by the making of a Proclamation under such law, such Proclamation shall, subject to the succeeding provisions of this Article, be in operation for a period of one month from the date of the making thereof, but without prejudice to the earlier revocation of such Proclamation or to the making of a further Proclamation at or before the end of that period.

(3) (a) A Proclamation made pursuant to Articles 220 and 221 shall, subject to paragraph (b) of this paragraph, expire after a period of fourteen days from the date on which Proclamation has been made, unless such Proclamation is approved by a resolution of Parliament.

(b) Where Parliament -

(i) stands dissolved at the date of the making of such Proclamation, or

(ii) is at such date separated by any such adjournment of prorogation as is referred to in paragraph (1) (b) of this Article; or

(c) does not meet when summoned to meet as provided in paragraphs 1(a) or (b) of this Article.

then such Proclamation shall expire at the end of ten days after the date on which parliament shall next meet and sit, unless approved by a resolution at such meeting of Parliament.

(4) Upon the revocation by the President of a Proclamation made pursuant to Articles 220 or 221 within a period of fourteen days from the date on which the Proclamation was made or upon the expiration of such a Proclamation in accordance with the provisions of paragraph (3) of this Article, a Proclamation made pursuant to Article 220 and 221 made within thirty days next ensuing shall not come into operation until the making thereof shall have been approved by a resolution of Parliament.

(5) If Parliament does not approve any Proclamation made pursuant to Articles 220 and 221 such Proclamation shall, immediately upon such disapproval, cease to be valid and of any force in law but without prejudice to anything lawfully done thereunder.

(6) If the making of a Proclamation cannot be communicated to and approved by Parliament by reason of the fact that Parliament does not meet when summoned, nothing contained in paragraph (3) or (4) of this Article shall affect the validity or operation of such Proclamation and in such event, Parliament shall, again be summoned to meet as early as possible thereafter.

(7) Notwithstanding anything in the preceding provisions of this Article, a Proclamation made pursuant to Articles 220 and 221 shall be communicated forthwith to the Regional Council of the Region in respect of which the Proclamation is made and -

(a) in the case of a Proclamation made pursuant to Article 220, and which has been in operation in the Region for a period of ninety consecutive days shall cease to be in force in that Region unless approved by the Regional Council thereof within ten days of the expiration of that period or, if the Regional Council stands adjourned, prorogued or dissolved at the expiration of such period, unless approved at the first meeting of the Regional Council held thereafter;

(b) in the case of a Proclamation made pursuant to Article 221, shall cease to be in force in that Region unless approved by the Regional Council thereof within a period of fourteen days of such communication or, if the Regional Council stands adjourned, prorogued or dissolved at the expiration of such period, unless approved at the first meeting of the Regional Council held thereafter.

Assumption of powers by the President

(223) (1) Where the President, upon being advised by the Prime Minister, is of opinion that a situation has arisen in which a Regional Administration is promoting armed rebellion or insurrection or engaging in an intentional violation of Articles 1 or 2, the provisions of Chapter XV or Chapter XXII of the Constitution which constitutes a clear and present danger to the unity and sovereignty of the Republic, the President may, by Proclamation -

(a) assume to himself all or any of the functions of the administration of the Region and all or any of the powers vested in, or exercisable by, the Governor, the Chief Minister, the Board of Ministers or any body or authority in the Region; and

(b) where it is necessary for the effectual exercise of the powers under sub-paragraph (a) of this paragraph, dissolve the Regional Council.

(2) Every Proclamation made pursuant to paragraph (1) of this Article shall be forthwith laid before Parliament.

(3) Any Proclamation made pursuant to paragraph (1) of this Article, may be revoked or varied by a subsequent proclamation.

(4) (a)The President shall, within fourteen days of making a Proclamation pursuant to paragraph (1) of this Article, for the purpose of ascertaining the continued existence of the situation which necessitated the making of such proclamation and any other relevant matter, direct that a tribunal be constituted in the manner provided in paragraph (5) of this Article, to inquire into and report upon such matters within a period of sixty days from the date of such Proclamation.

(b) Upon receipt of the report of such tribunal, the President shall-

(i) cause the report to be laid before Parliament within a period of thirty days; and

(ii) if the tribunal reports that the situation necessitating a Proclamation made pursuant to paragraph (1) of this Article has ceased to exist, revoke the Proclamation.

(5) The tribunal referred to in paragraph (4) of this paragraph shall consist of a member appointed by the President, a member appointed by the Chief Minister of the relevant Region, and where the Regional Council for that Region has been dissolved, by the person who held office as Chief Minister at the time of such dissolution, and a Chairman nominated by the members so appointed and, where there is no agreement on the nomination of a Chairman, the Chairman shall be nominated by the Constitutional Council.

Proclamations not to be called in question in any court or tribunal

(224) A Proclamation made pursuant to Articles 220 and 221 and 223 shall be conclusive for all purposes and shall not be questioned in any court, tribunal, save and except a tribunal constituted in accordance with Article 223, or other institution and a court, tribunal, save and except a tribunal constituted in accordance with Article 223, or other institution shall not inquire into, or pronounce on, or in any manner call in question, such Proclamation or the grounds for making thereof.


Chapter XXIV

THE PARLIAMENTARY COMMISSIONER FOR ADMINISTRATION

Parliamentary Commissioner for Administration.

(225) (1) Parliament shall by law provide for the establishment of the office of the Parliamentary Commissioner for Administration (Ombudsman) charged with the duty of investigating and reporting upon complaints or allegations of the infringement of fundamental rights and other injustices by officers in the service of the State, officers of Public Corporations and local authorities and other like institutions, in accordance with and subject to the provisions of such law.

(2) The Parliamentary Commissioner for Administration shall be appointed by the President and shall hold office during good behaviour.

(3) The salary of the Parliamentary Commissioner for Administration shall be determined by parliament and shall not be reduced during the term of office of the Parliamentary.

(4) The Office of the Parliamentary Commissioner for Administration shall become vacant -

(a) upon death;

(b) on resignation in writing addressed to the President;

(c) on attaining the age fixed by law;

(d) on removal by the President on account of ill health or physical or mental infirmity; or

(e) on removal by the President on an address of Parliament.

(5) Whenever the Parliamentary Commissioner for Administration is unable to perform and discharge the duties and functions of the office, the President shall appoint a person to act in place of the Parliamentary Commissioner.

(6) Until parliament otherwise provides the parliamentary Commissioner for Administration Act, No. 17 of 1981 shall, for the purposes of paragraph (1), be deemed to be a law enacted by parliament providing for the establishment of the office of Parliamentary Commissioner of Administration (Ombudsman).


Chapter XXV

GENERAL

International Treaties and Agreements

(226) Where Parliament by resolution passed by not less than two-thirds of the whole number of Members of Parliament approves as being essential for the development of the national economy, any treaty or agreement between the Government of the Republic of Sri Lanka and the Government of any foreign State for the promotion and protection of the investments in Sri Lanka of such foreign State, its nationals, or of corporations, companies and other associations incorporated or constituted under its laws, such treaty or agreement shall notwithstanding anything in the preceding provisions of the Constitution, have the force of law in Sri Lanka, and otherwise than in the interest of national security, no written law shall be enacted or made, and no executive or administrative action shall be taken, in contravention of the provisions of such treaty or agreement.

Delegation

(227) (1) Where any person is empowered under the provisions of the Constitution to delegate any power, duty or function to any other person, such person delegating such power, duty or function may, notwithstanding such delegation, exercise, perform or discharge such power, duty or function and may at any time revoke such delegation.

(2) In paragraph (1) of this Article, ``person'' includes any body of persons or any authority.

Existing Law

(228) (1) Unless Parliament otherwise provides, all laws, written and unwritten, in force at the commencement of the Constitution, shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, continue in force and laws so continuing in force are referred to in the Constitution as ``existing law''.

(2) All written laws including Statutes of Provincial Councils and subordinate legislation continuing in force as provided in paragraph (1) of this Article are referred to in the Constitution as ``existing written law''.

(3) Save as otherwise provided in the Constitution, existing laws are not and shall not in any manner be deemed to be provisions of the Constitution.

(4) Wherever the Constitution provides that any provision of any existing written law or of the Constitution shall continue in force until or unless Parliament otherwise provides, any law of Parliament so providing may be passed by a majority of the members present and voting.

(5) Whenever the Constitution provides that any provision of any existing written law shall continue in force until or unless parliament otherwise provides and the existing written law referred to consists of subordinate legislation, the provision that such existing written law shall continue in force until or unless the Parliament otherwise provides shall not in any manner be deemed to derogate from the power of the person or body on whom the power to make and, when made, to amend, very, rescind or revoke such subordinate legislation is conferred, to exercise the power so conferred until or unless the Parliament otherwise provides.

Powers, privileges, immunities and rights of the Republic

(229) Unless Parliament otherwise provides, the Republic shall continue to possess and exercise all powers, privileges, immunities and rights whatsoever possessed, exercised or exercisable at the commencement of the Constitution.

Rights, duties and obligations of the Republic.

(230) All rights and all duties or obligations, however arising of the Government of the Democratic Socialist Republic of Sri Lanka and subsisting at the commencement of the Constitution shall be rights, duties and obligations of the Government of the Republic of Sri Lanka under the Constitution.

Past operation of laws, previous acts, offences, and pending actions, & c.

(231) (1) Unless the Constitution otherwise provides, the past operation of any written law in force prior to the commencement of the Constitution or anything duly done or suffered or any offence committed or any right, liberty, obligation or penalty acquired or incurred under any written law in force prior to the commencement of the Constitution shall not in any manner be affected or be deemed to be affected by the Constitution coming into force.

(2) All actions, prosecutions, proceedings, matters or things, including proceedings of Commissions appointed or established by or under any existing written law, pending or uncompleted immediately before the commencement of the Constitution shall, subject to the provisions of the Constitution and mutatis mutandis, be deemed to continue and may be carried on and completed after the commencement of the Constitution.

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