
THE
CONSTITUTION
OF THE
DEMOCRATIC SOCIALIST REPUBLIC
OF SRI LANKA
(As amended up to 15th May 2015)
Revised Edition - 2015
Published by the Parliament Secretariat
Printed at the Department of Government Printing
This unofficial edition edited by the Bills Office of
the Legislative Services Department of Parliament of Sri Lanka
reproduces the text of the Constitution of the Democratic Socialist
Republic of Sri Lanka as amended by Parliament from time to time up to
the Nineteenth Amendment to the Constitution. The footnotes below the
text indicate the particular Amendments to the Constitution by which
such Amendments have been made.
SVASTI
The PEOPLE OF SRI LANKA having, by their Mandate freely expressed and
granted on the Sixth day of the waxing moon in the month of Adhi Nikini
in the year Two Thousand Five Hundred and Twenty one of the Buddhist Era
(being Thursday the Twenty first day of the month of July in the year
One Thousand Nine Hundred and Seventy seven), entrusted to and empowered
their Representatives elected on that day to draft, adopt and operate a
new Republican Constitution in order to achieve the goals of a
DEMOCRATIC SOCIALIST REPUBLIC, and having solemnly resolved by the grant
of such Mandate and the confidence reposed in their said Representatives
who were elected by an overwhelming majority, to constitute SRI LANKA
into a DEMOCRATIC SOCIALIST REPUBLIC whilst ratifying the immutable
republican principles of REPRESENTATIVE DEMOCRACY and assuring to all
People s FREEDOM, EQUALITY, JUSTICE , FUNDAMENTAL HUMAN RIGHTS and the
INDEPENDENCE OF THE JUDICIARY as the intangible heritage that guarantees
the dignity and well-being of succeeding generations of the People of
SRI LANKA and of all the People of the World, who come to share with
those generations the effort of working for the creation and
preservation of a JUST AND FREE SOCIETY :
WE, THE
FREELY ELECTED REPRESENTATIVES OF THE PEOPLE OF SRI LANKA, in pursuance
of such Mandate, humbly acknowledging our obligations to our People and
gratefully remembering their heroic and unremitting struggle to regain
and preserve their rights and privileges so that the Dignity and Freedom
of the Individual may be assured, Just, Social, Economic and Cultural
Order attained, the Unity of the Country restored, and Concord
established with other Nations,
do hereby adopt and enact
this
CONSTITUTION
as the
SUPREME LAW
of the
DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.
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160. Notwithstanding anything to the contrary in any
other provision of the Constitution, the person holding the
office of President immediately before the commencement of the
Constitution shall be the first President under the Constitution
and shall be deemed for all purposes to have been elected as the
President of the Republic, and 128[shall, subject to the
provisions of Article 31, hold office] for a period of six years
from February 4, 1978.
The President shall,
notwithstanding the provisions of Article 32, be deemed to have
assumed office immediately upon the commencement of the
Constitution and shall be entitled thereupon to exercise,
perform and discharge all the powers, duties and functions
conferred or imposed on, or assigned to, the President by the
Constitution or otherwise. The President shall, as soon as
possible thereafter at a sitting of Parliament, take and
subscribe the oath or make and subscribe the affirmation set out
in the Fourth Schedule.
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161. Notwithstanding anything to the contrary in any
other provision of the Constitution -
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(a) the first Parliament
shall consist, of one hundred and sixty-eight members
and subject to the succeeding provisions of this
Article, all persons who immediately before the
commencement of the Constitution were members of the
National State Assembly shall be deemed to have been
elected as Members of Parliament;
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(b)
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(i) if the
election, as a Member of the National State
Assembly, of a person deemed to have been
elected to the first Parliament is declared void
under the law for the time being in force and no
other person is determined to have been duly
returned or elected, the seat of such Member
shall be vacant, and an election to the
electoral district as existing immediately prior
to the commencement of the Constitution, shall
be held in accordance with the law relating to
elections to the National State Assembly in
force immediately before the commencement of the
Constitution and on the basis of the register of
electors applicable to such electoral district
which was operative on the day immediately
preceding the commencement of the Constitution;
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(ii) the law
applicable to election petitions in relation to
an election held as provided in subparagraph (i)
shall be the law in force upon the commencement
of the Constitution and in the event of such an
election being declared void the provisions of
sub-paragraph (i) shall, mutatis mutandis,
apply; |
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(c) if the election as a
Member of the National State Assembly of a person who is
deemed to have been elected to the first Parliament is
declared void or undue and any other person is
determined to have been duly returned or elected such
other person shall be deemed to have been duly elected
as a Member of the first Parliament;
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(d)
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(i) where
immediately before the commencement of th
Constitution there was a vacancy in the
membership of the National State Assembly or
where a vacancy in the membership of the first
Parliament occurs otherwise than under the
provisions of paragraph (b) of this Article,
such vacancy shall be filled in the manner
provided in sub-paragraph (iii) hereof ;
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129[(ii) Where
during the duration of the First Parliament, a
Member ceases, by resignation, expulsion or
otherwise, to be a member of the recognized
political party to which he belonged upon or
after the commencement of the Constitution, the
Secretary of such party shall, within two weeks
of the date on which such Member so ceased to be
a member of such party, communicate, in writing
to the Secretary-General of Parliament, the fact
and date thereof. The Secretary-General shall,
upon receipt of such communication, submit it to
the Speaker.
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Where a Member
ceases to be a member of the recognized
political party to which he belonged by reason
of being expelled from such party, he shall be
entitled to apply, within one month of the date
of such expulsion by petition in writing, to the
Supreme Court for a determination that such
expulsion was invalid. In the event of any such
application being made, the Registrar of the
Supreme Court shall forthwith inform the
Secretary-General of Parliament in writing, of
such application, every such application shall
be heard and determined by not less than three
Judges of the Supreme Court who shall, within
two months of the making of such application,
determine whether such expulsion was valid or
not.
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The Speaker
shall, on receiving in the aforesaid manner, a
communication alleging that a Member has ceased
to be a member of the recognized political party
to which such Member belonged, appoint a Select
Committee consisting of not less than five
Members of Parliament (one of whom shall be
nominated as Chairman thereof) to inquire into,
and report to Parliament on, the circumstances
in which such Member is alleged to have resigned
from, or to have been expelled from, or to have
otherwise ceased to be a member of, such party,
and the reasons there for :
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Provided,
however, that where such communication alleges
that a Member has ceased to be a member of the
recognized political party to which he belonged
by reason of his being expelled there from, no
Select Committee shall be appointed as aforesaid
until after the expiration of a period of one
month from the date of such alleged expulsion,
and in any case where such Member has applied to
the Supreme Court for a determination that such
expulsion was invalid, unless and until the
Supreme Court has determined that such expulsion
was valid.
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The provisions
of the Parliament (Powers and Privileges) Act
shall, mutatis mutandis, apply in relation to
proceedings before, and to the privileges,
immunities and powers of, a Select Committee
appointed as aforesaid and every such Select
Committee shall be deemed, for the purposes of
that Act, to be duly authorized by an order of
Parliament to send for persons, papers and
records.
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After
consideration of the report made by a Select
Committee appointed as aforesaid, Parliament
may, by resolution passed by not less than
eighty-five Members voting in its favour,
resolve that the Member to whom such report
relates, shall cease to be a Member of
Parliament. The Speaker shall endorse on every
resolution so passed, a certificate in the
following form :-
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"This resolution
has been passed by the majority required by
Article 161(d) (ii) of the Constitution".
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The seat of such
Member shall, with effect from the date of such
certificate, become vacant.
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Every such
certificate shall be conclusive for all purposes
and shall not be questioned in any court, and no
court or tribunal shall inquire into, pronounce
upon or in any manner call in question, the
validity of the resolution on which such
certificate is endorsed on any ground
whatsoever.]
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(iii) Where a
vacancy as is referred to in subparagraph (i) or
(ii) has occurred, the Secretary-General of
Parliament shall forthwith inform the
Commissioner of Elections of such vacancy. The
Commissioner of Elections shall thereupon
require the Secretary of the political party to
which such Member belonged to nominate a member
of such party 130[to fill such vacancy. A
nomination made by the Secretary of such
political party under this sub-paragraph shall
be accompanied by an oath or affirmation, as the
case may be, in the form set out in the Seventh
Schedule, taken and subscribed or made and
subscribed, as the case may be, by the person
nominated to fill such vacancy. Upon the receipt
of such nomination, accompanied by such oath or
affirmation the Commissioner] shall declare such
person to be the Member for the electoral
district in respect of which the vacancy
occurred:
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131[Provided
that where the Secretary of such political party
fails to nominate a member of such political
party to fill such vacancy under the preceding
provisions of this sub-paragraph 132[within
thirty days of his being required to do so and
in the aforesaid manner] or where the Secretary
of a political party had been required, before
the coming into force of this proviso, to
nominate a member of such political party to
fill any such vacancy under such provisions and
such Secretary fails, within thirty days of the
coming into force of this proviso, to nominate a
member of such political party to fill such 133
[vacancy, or where such political party is
deemed to be prescribed under Article 157(a),
then, the Commissioner of Election] shall
forthwith so inform the President, who shall,
within thirty days of the receipt by him of such
information, by Notice published in the Gazette
order the Commissioner of Elections to hold an
election for the electoral district in respect
of which such vacancy has occurred. The
Commissioner of Elections shall thereupon hold
an election, in accordance with Part I and Parts
IV to VI (both inclusive) of the Ceylon
(Parliamentary Elections) Order in Council,
1946, for such electoral district as existed
immediately preceding the Constitution and on
the basis of such part of the register, prepared
under the Registration of Electors Act, No. 44
of 1980, and in operation, as corresponds to
such electoral district. The aforesaid parts of
the Ceylon (Parliamentary Elections) Order in
Council, 1946, shall, for the purposes of such
election and notwithstanding the repeal of such
Order in Council, be deemed to be in force and
shall, mutatis mutandis and except as otherwise
expressly provided in the Constitution, apply to
such election.
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The law
applicable to election petitions in relation to
such electoral district shall be the aforesaid
parts of such Order in Council as applied
aforesaid and in the event of such election
being declared void and no other person is
determined to have been duly returned or
elected, the election to fill such vacancy shall
be held in accordance with the provisions of
this proviso.]
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134[(iv) where
a Member nominated or elected to fill any such
vacancy as is referred to in subparagraph (i) or
sub-paragraph (ii), being a Member who has taken
and subscribed or made and subscribed an oath or
affirmation in the form set out in the Seventh
Schedule, directly or indirectly, in or outside
Sri Lanka, supports, espouses, promotes,
finances, encourages or advocates the
establishment of a separate State within the
territory of Sri Lanka, any person may make an
application to the Court of Appeal for a
declaration that such member has directly or
indirectly, in or outside Sri Lanka, supported,
espoused, promoted, financed, encouraged or
advocated the establishment of a separate State
within the territory of Sri Lanka.
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If the Court of
Appeal makes, on such application, a declaration
that such Member has directly or indirectly, in
or outside Sri Lanka, supported, espoused,
promoted, financed, encouraged or advocated the
establishment of a separate State within the
territory of Sri Lanka, the seat of such Member
shall be deemed to be vacant with effect from
the date of such declaration and such Member
shall be disqualified from sitting and voting in
Parliament and from being elected or nominated
to Parliament for a period of seven years from
the date of such declaration. The vacancy
occurring in the membership of Parliament by
reason of such declaration shall be filled in
the manner provided in paragraph (iii).
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The jurisdiction
of the Court of Appeal in respect of its powers
under this sub-paragraph shall be exercised in
the manner provided in sub-paragraph (iv) of the
proviso to paragraph (2) of Article 146.]
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135[(e) unless sooner
dissolved, the First Parliament shall continue until
August 4, 1989 and no longer and shall thereupon stand
dissolved, and the provisions of Article 70(5)(b) shall,
mutatis mutandis, apply.] |
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Application
of certain
provisions
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162.
(1) The provisions of
Article 98, other than paragraphs (8) and (9) thereof,
and Article 99 shall not come into operation until the
General Election held upon the dissolution of the first
Parliament.
(2) If at the time of
such dissolution the notification of electoral districts
has not been proclaimed as required by Article 97, the
electoral districts for the first General Election to be
held upon the dissolution of the first Parliament, and
the number of Members which each such district shall be
entitled to return by virtue of the provisions of
paragraph (4) of Article 96, shall be as set out in the
Sixth Schedule and accordingly, registers of electors
shall be prepared and certified for each such electoral
district, and unless Parliament otherwise provides, such
registers shall be prepared on the basis of the register
of electors in force immediately before the commencement
of the Constitution.
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Judges of Supreme
Court and
High Court
to cease
to hold office
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163. All Judges of the Supreme Court and the High
Courts established by the Administration of Justice Law, No. 44
of 1973, holding office on the day immediately before the
commencement of the Constitution shall, on the commencement of
the Constitution, cease to hold office. |
Continuation
in office of
Judges,
public
officers and others
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164. Subject to the provisions of Article 163 every
person who immediately before the commencement of the
Constitution -
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(a) held office in any
court or tribunal deemed, by virtue of the provisions of
paragraph (2) of Article 105, to be a court or tribunal
created and established by Parliament,
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(b) was in the service
of the Republic, any local authority or any Public
Corporation,
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(c) held office in any
local authority or Public Corporation, or
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(d) held any appointment
under any existing written law, |
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shall continue in such service or
hold such office or appointment under the same terms and
conditions.
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Oath or affirmation
to be
taken
or made by public
officers and others
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165.
(1) Every public
officer, judicial officer and every other person as is
required by the Constitution to take an oath or make an
affirmation on entering upon the duties of his office,
every holder of an office required under the existing
law to take an official oath and every person in the
service of every local authority and of every Public
Corporation shall take and subscribe the oath or make
and subscribe the affirmation set out in the Fourth
Schedule. Any such public officer, judicial officer,
person or holder of an office failing to take and
subscribe such oath or make and subscribe such
affirmation after the commencement of the Constitution
on or before such date as may be prescribed by the Prime
Minister by Order published in the Gazette shall cease
to be in service or hold office.
(2) The Minister in
charge of the subject of Public Administration may, in
his sole discretion, permit any public officer, judicial
officer, person or holder of an office referred to in
paragraph (1) of this Article, to take the to oath or
make the affirmation referred to in that paragraph after
the prescribed date if he is satisfied that the failure
to take the oath or make the affirmation within the time
prescribed was occasioned by illness or some other
unavoidable cause. On his taking such oath or making
such affirmation, he shall continue in service or hold
office as if he had taken such oath or made such
affirmation within the time prescribed under paragraph
(1) of this Article.
(3) The President may by
Proclamation -
(a) exclude the
application of the provisions of paragraph (1)
of this Article to any category of public
officers,
(b) prescribe
the persons or categories of persons who may
administer such oath or affirmation in addition
to the persons who are empowered under the
existing law to administer oaths or
affirmations.
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Powers, privileges,
immunities
and rights
of the
Republic
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166. Unless Parliament otherwise provides, the
Republic of Sri Lanka shall continue to possess and exercise all
powers, privileges, immunities and rights whatsoever possessed,
exercised or exercisable immediately prior to the commencement
of the Constitution. |
Rights,
duties and
obligations
of the
Republic
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167. All rights and all duties or obligations,
however arising, of the Government of Sri Lanka and subsisting
immediately prior to 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.
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168.
(1) Unless Parliament
otherwise provides, all laws, written laws and unwritten
laws, in force immediately before the commencement of
the Constitution, shall, mutatis mutandis and except as
otherwise expressly provided in the Constitution,
continue in force.
(2) Save as otherwise
provided in the Constitution, existing laws, written
laws and unwritten laws are not and shall not in any
manner be deemed to be provisions of the Constitution.
(3) Wherever the
Constitution provides that any law, written law or
unwritten law or any provision of the Constitution shall
continue in force until or unless Parliament otherwise
provides, any law enacted by Parliament so providing may
be passed by a majority of the Member present and
voting.
(4) 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 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, vary, rescind or revoke such
subordinate legislation is conferred, to exercise the
power so conferred until or unless Parliament otherwise
provides.
(5) Unless the
Constitution otherwise provides, the past operation of
any 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 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.
(6) All actions,
prosecutions, proceedings, matters or things, including
proceedings of Commissions appointed or established by
or under any existing written law, pending or
uncompleted on 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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Provisions relating to
judiciary
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169. Unless Parliament otherwise provides -
(1) any provisions of
the Administration of Justice Law, No. 44 of 1973, which
are inconsistent with the provisions of the
Constitution, shall, to the extent of such
inconsistency, be deemed to be repealed ;
(2) the Supreme Court
established by the Administration of Justice Law, No. 44
of 1973, shall, on the commencement of the Constitution,
cease to exist and accordingly the provisions of that
Law relating to the establishment of the said Supreme
Court, shall be deemed to have been repealed. Unless
otherwise provided in the Constitution, every reference
in any existing written law to the Supreme Court shall
be deemed to be a reference to the Court of Appeal ;
(3) all appellate
proceedings including proceedings by way of revision,
case stated and restitutio in integrum pending in the
Supreme Court established under the Administration of
Justice Law, No. 44 of 1973, on the day preceding the
commencement of the Constitution, shall stand removed to
the Court of Appeal and the Court of Appeal shall have
jurisdiction to take cognizance of and to hear and
determine the same; and the judgements and orders of the
Supreme Court aforesaid delivered or made before the
commencement of the Constitution in appellate
proceedings shall have the same force and effect as if
they had been delivered or made by the Court of Appeal;
(4) all original
proceedings by way of applications for the issue of high
prerogative Writs and applications for any other relief
pending in the Supreme Court as well as all applications
for injunctions pending in the High Court established
under the Administration of Justice Law, No. 44 of 1973,
on the date immediately preceding the commencement of
the Constitution shall stand removed to the Court of
Appeal and such Court shall have jurisdiction to take
cognizance of hear and determine or to continue and
complete the same and the judgments and orders of the
Supreme Court established under the Administration of
Justice Law, No. 44 of 1973, delivered or made before
the commencement of the Constitution in original
proceedings shall have the same force and effect as if
they had been delivered or made by the Court of Appeal:
Provided that any
proceedings in relation to any alleged breach of
privileges of Parliament pending in the Supreme Court
shall stand removed to the Supreme Court created and
established by the Constitution;
(5) no appeal shall lie
from any judgement, order or decree of the Supreme Court
established under the Administration of Justice Law, No.
44 of 1973, to the Supreme Court created and established
under the Constitution but such judgement, order or
decree, as the case may be, shall be final as between
the parties to the action, application or other
proceeding in which such judgement, order or decree was
made:
Provided that it shall
be competent for the Court of Appeal and all officers of
such Court to take all such steps as may be necessary,
including the entering of decrees if not already entered
and taxation and recovery of costs so as to ensure that
such judgements, orders and decrees are completely and
effectively complied with, as if they had been delivered
or made by the Court of Appeal created and established
by the Constitution;
(6) the several High
Courts established under Chapter I of the Administration
of Justice Law, No. 44 of 1973, shall be deemed for all
purposes to constitute a single court created and
established by Parliament called the High Court of the
Republic of Sri Lanka having jurisdiction throughout the
Republic of Sri Lanka to be exercised in the several
Zones in accordance with the law for the time being in
force. Accordingly, subject to the provisions of the
Constitution, and of any existing written law, all
provisions relating to High Courts contained in such Law
shall, mutatis mutandis, apply to the High Court of the
Republic of Sri Lanka ;
(7) all criminal and
admiralty cases, proceedings or matters, other than
applications for injunctions, pending in the High Courts
established under the Administration of Justice Law, No.
44 of 1973, on the day preceding the commencement of the
Constitution shall stand removed to the said High Court
of the Republic of Sri Lanka and such Court shall have
jurisdiction to take cognizance of, hear and determine
or to continue and complete the same and the judgments
and orders of the aforesaid High Courts delivered or
made before the commencement of the Constitution shall
have the same force and effect as if they had been
delivered or made by the High Court of the Republic of
Sri Lanka ;
(8) the President of the
Court of Appeal shall from time to time as he may deem
expedient nominate the Judges of the High Court of the
Republic of Sri Lanka to exercise the jurisdiction of
the High Court in such zones as he may determine and the
provisions of Chapter II of the Administration of
Justice Law, No. 44 of 1973, shall mutatis mutandis,
apply to the hearing and disposal of all proceedings
pending in or hereafter instituted in the High Court ;
(9) all indictments
filed hereafter in the High Court of the Republic of Sri
Lanka shall be in the name of the Republic of Sri Lanka
and shall be signed by the Attorney-General or any
person authorized under section 189 of the
Administration of Justice Law, No. 44 of 1973;
(10) all election
petition proceedings relating to the election of any
person to the membership of the National State Assembly
pending in the High Courts established under the
Administration of Justice Law, No. 44 of 1973, on the
day preceding the commencement of the Constitution shall
stand removed to the Court of Appeal and the Court of
Appeal shall have the same jurisdiction to take
cognizance of, hear and determine or to continue and
complete the same and the judgements and orders of the
Supreme Court established by the Administration of
Justice Law, No. 44 of 1973 and of the High Courts
aforesaid delivered or made before the commencement of
the Constitution in such election petition proceedings
shall have the same force and effect as if they had been
delivered or made by the Supreme Court and the Court of
Appeal established by the Constitution, as the case may
be. The President of the Court of Appeal is hereby
vested with the power to nominate a Judge of the Court
of Appeal to hear and determine any election petition in
respect of which the Court of Appeal is vested with
jurisdiction by the Constitution;
(11) all
attorneys-at-law admitted and enrolled or deemed to have
been admitted and enrolled as attorneys-at-law under the
provisions of the Administration of Justice Law, No. 44
of 1973, shall subject to the provisions of the
Constitution be deemed to have been admitted and
enrolled as attorneys-at-law of the Supreme Court
created and established by the Constitution;
(12) after the date
fixed by the Minister in charge of the subject of
Justice, by Order published in the Gazette, no
attorney-at-law shall be entitled to represent any party
to a proceeding or be given the right of audience in any
court, tribunal or other institution until or unless he
has taken and subscribed the oath or made and subscribed
the affirmation set out in the Fourth Schedule before a
Judge of the Supreme Court, Court of Appeal, High Court
or any other judicial officer as defined in Article 114;
and it shall be the duty of any such Judge or judicial
officer, as the case may be, to forward such oath or
affirmation so taken and subscribed or made and
subscribed to the Registrar of the Supreme Court who
shall cause the same to be entered in the rolls of such
Court. Such entry shall be the only proof that such
attorney-at-law has taken and subscribed or made and
subscribed such oath or affirmation;
(13) the provisions of
the Administration of Justice Law, No. 44 of 1973,
relating to the Attorney-General, the legal profession,
State Attorneys and State Counsel, shall be deemed for
all purposes to be in operation, and every reference to
the Supreme Court in sections 33 to 36 of the
Administration of Justice Law, No. 44 of 1973, and in
the rules and regulations relating thereto shall be
deemed to be a reference to the Supreme Court
established by the Constitution;
(14) if any matter or
question shall arise with regard to any procedure or
practice to be followed in any court in consequence of
the coming into operation of the Constitution, not
provided for in the Constitution or any written law, the
Chief Justice shall have the power to give such
directions as he may consider necessary to prevent
injustice or as the justice of the case may require and
to ensure that the provisions of Chapters XV and XVI of
the Constitution are given full and complete effect;
(15)
(i) any
reference in section 2 of the Special
Presidential Commissions of Inquiry Law, No. 07
of 1978, to the Supreme Court shall be deemed to
be a reference to the Supreme Court established
by the Constitution;
(ii) where any
person has been appointed as a member of a
Special Presidential Commission of Inquiry
established under the Special Presidential
Commission of Inquiry Law, No. 07 of 1978, then,
such person shall notwithstanding the provisions
of the Constitution, continue to be such member
and shall be deemed for the purposes of Article
81(1) to be a Judge of a Court referred to
therein unless he resigns, or refuses or becomes
unable to act, or is discharged by the President
from the performance of his duties as such
member in accordance with the provisions of the
Special Presidential Commissions of Inquiry Law,
No. 07 of 1978;
(iii) any such
member specified in the Warrant establishing
such Special Presidential Commission of Inquiry
as Chairman, shall, subject to the provisions of
sub-paragraph (ii) of this paragraph, continue
to be the Chairman of such Special Presidential
Commission of Inquiry;
(16)
(i) any breach
of the privileges of the National State Assembly
functioning immediately prior to the
commencement of the Constitution, shall be
deemed to be a breach of the privileges of
Parliament and accordingly, Parliament and the
Supreme Court, shall have the power to take
cognizance of and punish any person for such
breach of privileges of Parliament;
(ii) where prior
to the commencement of the Constitution, any
step required or authorized by the Parliament
(Powers and Privileges) Act has been taken in
respect of, or in relation to, any act or
omission alleged to constitute such a breach of
the privileges of Parliament as is referred to
in sub-paragraph (i) of this paragraph, such
step shall be deemed to have been validly taken
and any further steps as are required or
authorized under such Act, may be taken, in
respect of or, in relation to, such alleged
breach of the privileges of Parliament, as if
the act or omission alleged to constitute such
breach of privileges of Parliament had been
committed or had occurred after the commencement
of the Constitution.
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Provision relating to
Queen's Counsel and Senior Attorneys-at-Law
|
136
[169A.
(1) Every -
(a) Queen's
Counsel appointed prior to the coming into force
of the Constitution ; and
(b) Senior
attorney-at-law appointed by the President after
the coming into force of the Constitution,
shall, from the date on
which this Article comes into force, be called and known
also as President's Counsel and shall continue to enjoy
all such privileges as were hitherto enjoyed by a
Queen's Counsel.
(2) Every rule made
under Article 136 relating to the appointment of Senior
attorneys-at-law shall, from the date on which this
Article comes into force, be deemed to be rescinded.
(3) Every reference in
any written law to "Senior attorney-atlaw" shall, from
the date on which this Article comes into force, be
deemed to include a reference to "President's Counsel."]
|
|
170. In the Constitution-
"civic disability" shall have the
same meaning as in the Special Presidential Commissions of
Inquiry Law, No. 7 of 1978, as on the commencement of the
Constitution;
"commencement of the Constitution"
means the date appointed by the Proclamation made under Article
172;
"conclusion of the General
Election" means the time at which Members of Parliament for all
the electoral districts in respect of which a poll has been
taken on the date or dates specified in the Proclamation made
under Article 70(5) have been declared elected by the respective
returning officers, or when on the results declared more than
half the total membership of Parliament consists of Members
belonging to any single recognized political party or
independent group, whichever event occurs earlier;
"existing law" and "existing
written law" mean any law and written law, respectively, in
force immediately before the commencement of the Constitution
which under the Constitution continue in force;
|
|
"judicial officer", 137[other than
in Article 111M], means any person who holds office as -
|
(a) a Judge of the
Supreme Court or a Judge of the Court of Appeal;
|
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(b) any Judge of the
High Court or any Judge, presiding officer or member of
any other Court of First Instance, tribunal or
institution created and established for the
administration of Justice or for the adjudication of any
labour or other dispute but does not include a person
who performs arbitral functions or a public officer
whose principal duty or duties is or are not the
performance of functions of a judicial nature.
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|
No court or tribunal or
institution shall have jurisdiction to determine the
question whether a person is a judicial officer within
the meaning of the Constitution but such question shall
be determined by the Judicial Service Commission whose
decision thereon shall be final and conclusive.
|
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No act of such person or
proceeding held before such person, prior to such
determination, shall be, deemed to be invalid by reason
of such determination; |
|
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"law" means any Act of Parliament
and any law enacted by any legislature at any time prior to the
commencement of the Constitution and includes an Order in
Council;
|
|
"local authority" means any
Municipal Council, Urban Council, Town Council or Village
Council and includes any Authority created and established by or
under any law to exercise, perform and discharge powers, duties
and functions corresponding to or similar to the powers, duties
and functions exercised, performed and discharged by any such
Council ;
|
|
"public corporation" means any
corporation, board or other body which was or is established by
or under any written law other than the Companies Ordinance,
with funds or capital wholly or partly provided by the
Government by way of grant, loan or otherwise;
|
|
138["public officer" means a
person who holds any paid office under the Republic other than a
judicial officer, but does not include -
|
(f) a Member of
Parliament;
|
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(g) a member of the
Constitutional Council;
|
|
(h) a member of the
Judicial Service Commission;
|
|
(i) a member of the
Public Service Commission;
|
|
(j) a member of the
Election Commission;
|
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(k) a member of the
National Police Commission;
|
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(l) a member of the
Audit Service Commission;
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(m) a member of the
Human Rights Commission of Sri Lanka;
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(n) a member of the
Commission to Investigate Allegations of Bribery or
Corruption;
|
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(o) a member of the
Finance Commission;
|
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(p) a member of the
Delimitation Commission;
|
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(q) a member of the
National Procurement Commission;
|
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(r) the
Secretary-General of Parliament;
|
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(s) a member of the
staff of the Secretary-General of Parliament;
|
|
(t) a member of the
University Grants Commission;
|
|
(u) a member of the
Official Languages Commission; and
|
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(v) the Auditor-General.
] |
|
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"recognized political party" means
unless Parliament otherwise provides, every political party
which is treated as a recognized political party under the
Ceylon (Parliamentary Elections) Order in Council, 1946 ;
|
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"territorial waters" includes the
territorial sea and the historic waters of Sri Lanka ;
|
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"written law" means any law and
subordinate legislation 139[and includes statutes made by a
Provincial Council, Orders], Proclamations, Rules, By-laws and
Regulations made or issued by any body or person having power or
authority under any law to make or issue the same. |
|
171. The Constitution adopted and enacted on the 22nd
day of May, 1972, is hereby repealed. |
PROMULGATION
OF THE CONSTITUTION
|
Promulgation
of the
Constitution
|
172.
(1) The provisions of
Chapter I to Chapter XXIII shall come into force on the
day appointed by the President by Proclamation.
(2) Parliament shall
meet on the day so appointed and the President may, in
such Proclamation, specify the time at which Parliament
shall so meet.
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|
|
Devo vassatukalena
sassasampattihetu ca
phito bhavatu loko ca
raja bhavatu dhammiko
SIDDHIRASTU
|
|
|
*
Other Consequential Amendments in the Nineteenth Amendment to
the Constitution.
|
|
Transitional Provisions
|
49. (1) For the avoidance of
doubt it is hereby declared that,-
(a) the Seventh
Parliament in existence on the day preceding the
date on which this Act comes into operation,
shall, unless dissolved earlier, continue to
function until April 21, 2016 and shall
thereafter stand dissolved;
(b) the persons
holding office respectively, as the President
and Prime Minister on the day preceding April
22, 2015 shall continue to hold such office
after such date, subject to the provisions of
the Constitution as amended by this Act; and
(c) every person
holding office on the day preceding the date on
which this Act comes into operation, as,-
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(ii)
Judges of the Supreme Court;
|
|
(iii)
the members of the Judicial Service
Commission;
|
|
(iv) the
President of the Court of Appeal;
|
|
(v)
Judges of the Court of Appeal;
|
|
(vi) the
Attorney-General;
|
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(vii)
the Auditor-General;
|
|
(viii)
the Inspector-General of Police;
|
|
(ix) the
Parliamentary Commissioner for
Administration (Ombudsman);
|
|
(x) the
Secretary-General of Parliament;
|
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(xi) a
judge of the High Court; or
|
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(xii) a
judicial officer, a scheduled public
officer, public officer or a police
officer,
|
|
shall
continue to hold such office and shall,
subject to paragraph (3) of Article 41C,
continue to exercise, perform and
discharge the powers, duties and
functions of that office, under the same
terms and conditions. |
|
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(2) Every person holding
office on the day preceding the date on which this Act
comes into operation, as the Chairman or a member of
the,-
|
(a)
Parliamentary Council;
|
|
(b) Public
Service Commission;
|
|
(c) National
Police Commission;
|
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(d) Human Rights
Commission of Sri Lanka;
|
|
(e) Commission
to Investigate Allegations of Bribery or
Corruption; or
|
|
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shall cease to hold such
office with effect from the date on which this Act comes
into operation:
Provided that a person
holding office on the day preceding the date on which
this Act comes into operation as a Chairman or a member
of any such Commission referred to above may continue to
exercise and discharge powers and functions of their
respective offices until such date on which the
respective Commissions are constituted in accordance
with Chapter VIIA of the Constitution.
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(3)
(a) The person
holding office as the Commissioner of Elections
on the day preceding the date on which this Act
comes into operation, shall continue to exercise
and discharge the powers and functions of the
office of the Commissioner of Elections as were
vested in him on such date and of the Election
Commission, until an Election Commission is
constituted in terms of Article 103, and shall
from and after the date on which the Election
Commission is so constituted, cease to hold
office as the Commissioner of Elections.
(b) All suits,
actions and other legal proceedings instituted
by or against the Commissioner of Elections and
pending on the day preceding the date on which
the Election Commission is constituted under
Article 103, shall be deemed with effect from
the date on which the Election Commission is
constituted, to be suits, actions and other
legal proceedings instituted by or against the
Election Commission, and shall be continued and
completed in the name of the Election
Commission.
(c) Any decision
or order made or any ruling given by the
Commissioner of Elections under any written law
prior to the date on which the Election
Commission is constituted under Article 103,
shall be deemed, with effect from the date on
which the Election Commission is constituted, to
be a decision or order made or a ruling given,
by the Election Commission, and may be
enforcement accordingly.
(d) Upon the
constitution of the Election Commission under
Article 103, unless the context otherwise
requires, there shall be substituted for the
expressions "Commissioner of Elections" and
"Department of the Commissioner Elections"
wherever those expressions occur in the
Constitution and in any written law or in any
contract, agreement or other document, of the
expression "Election Commission".
|
|
(4) All matters relating
to,-
(a) the
appointment, promotion, transfer, disciplinary
control and dismissal of police officers; and
(b) appeals by
police officers to the Public Service
Commission,
|
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pending before the
Public Service Commission on the day preceding the date
of on which this Act comes into operation shall, with
effect from that date, stand transferred to the National
Police Commission established by Article 155A and shall
be determined by the National Police Commission
accordingly.
(5) All matters relating
to the appointment, promotion, transfer, disciplinary
control and dismissal of members of the Sri Lanka State
Audit Service and pending before the Public Service
Commission on the day preceding the date of on which
this Act comes into operation shall, with effect from
that date, stand transferred to the Audit Service
Commission established by Article 153A and shall be
determined by the Audit Service Commission accordingly. |
|
Special provisions relating
to the
period commencing
on the
date of
which certain
Articles
comes into
force
|
50. During the period commencing on
the date on which this Act comes into operation (other than the
provisions of section 9, in so far as it relates to paragraph
(1) of Article 46 and the provisions of sections 15, 28, 29, 30
and 31) and ending on the date on which the next General
Election of the Members of Parliament is concluded,:-
|
(a) the President may,
with the concurrence of the Prime Minister, assign to
himself any subject or function and may, with like
concurrence, determine the Ministries to be in his
charge.
|
|
(b) the Cabinet of
Ministers functioning immediately prior to the
dissolution of the Seventh Parliament shall,
notwithstanding such dissolution, continue to function
and shall cease to function upon the conclusion of the
General Election and accordingly, the Prime Minister,
Ministers of the Cabinet of Ministers, Ministers who are
not members of the Cabinet of Ministers and Deputy
Ministers shall continue to function until the
conclusion of the General Election unless they cease to
hold office as provided in sub-paragraph (a) of
paragraph (2) of Article 46 or sub-paragraph (a) or (b)
of paragraph (3) of Article 46. |
|
President in office to be in
charge of
certain
subjects and functions
|
51. Notwithstanding anything to the
contrary in the Constitution, the person holding office as
President on the date of commencement of this Act, so long as he
holds the Office of President may assign to himself the subjects
and functions of Defence, Mahaweli Development and Environment
and determine the Ministries to be in his charge for that
purpose and accordingly, any reference in any written law to the
Minister to whom such subject or function is assigned, shall be
read and construed as a reference to the President. |
|
Names of Administrative Districts
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1 Colombo
2 Gampaha
3 Kalutara
4 Kandy
5 Matale
6 Nuwara Eliya
7 Galle
8 Matara
9 Hambantota
10 Jaffna
[5, 7 of 1983]
140[11 Kilinochchi]
12 Mannar
13 Vavuniya
14 Mullaitivu
15 Batticaloa
16 Ampara
17 Trincomalee
18 Kurunegala
19 Puttalam
20 Anuradhapura
21 Polonnaruwa
22 Badulla
23 Moneragala
24 Ratnapura
25 Kegalle




|
FOURTH SCHEDULE
ARTICLE 32, 53, 61, 107, 165
"I...................................do
solemnly declare and affirm
________________ that I will faithfully perform the duties
swear
the duties and discharge the functions of the office of
.........in
accordance with the Constitution of the Democratic Socialist Republic of
Sri Lanka and the law, and that I will be faithful to the Republic of
Sri Lanka and that I will to the best of my ability uphold and defend
the Constitution of the Democratic Socialist Republic of Sri Lanka."
FIFTH SCHEDULE
ARTICLE 114 (6)
Clerks 141[Deputy Fiscals]
[7, 11 of 1987]
Interpreters Stenographers Typists Binders
SIXTH SCHEDULE
ARTICLE 162(2)
|
"District" means the Administrative District established under
the Administrative Districts Act (Chapter 392) having the limits
specified there under as on July 21, 1977.
|
142 SEVENTH SCHEDULE
[5, 6 of
1983]
ARTICLE 157A AND ARTICLE 161(d) (iii)
|
do solemnly declare and affirm
"I,............... ___________
swear
that I will uphold and defend the Constitution of the Democratic
Socialist Republic of Sri Lanka and that I will not, directly or
indirectly, in or outside Sri Lanka, support, espouse, promote, finance,
encourage or advocate the establishment of a separate State within the
territory of Sri Lanka."
|
143 [ EIGHTH SCHEDULE
[ Article 154A ] [7, 13 of 1987]
Provinces
|
Western North-Western Uva Sabaragamuwa Central Eastern Southern North-Central Northern ]
|
144[ NINTH SCHEDULE [7, 13 of 1987]
LIST I
(Provincial Council List)
1. Police and Public order.- Public order and the
exercise of police powers, to the extent set out in Appendix I, within
the Province, but not including National Defence, National Security and
the use of any armed forces or any other forces under the control of the
Government of Sri Lanka in aid of the civil power and not including the
city of Colombo, Sri Jayewardenepura, Kotte, and their environs the
limits of which shall be specified by the President by Order published
in the Gazette.
2. Planning- Implementation of provincial economic plans.
3. Education and Educational Services.- Education to the extent set out
in Appendix III.
4. Local Government -
4:1 Local authorities for the purpose of Local
Government and village administration, such as Municipal Councils,
Urban Councils and Pradeshiya Sabhas, except that, the constitution,
form and structure of local authorities shall be determined by law ;
4:2 Supervision of the administration of Local Authorities
established by law, including the power of dissolution (subject to
such quasi-judicial inquiries into the grounds for dissolution and
legal remedies in respect thereof, as may be provided by law and
subject to provisions relating to audit as may be provided by law) ;
4:3 Local Authorities will have the powers vested in them under
existing law. Municipal Councils and Urban Councils will have the
powers vested in them under the Municipal Councils Ordinance and the
Urban Councils Ordinance, Pradeshiya Sabha will have the powers
vested in them under existing law. It will be open to a Provincial
Council to confer additional powers on local authorities but not to
take away their powers ;
4:4 Gramodaya Mandalayas will have the powers vested in Gramodaya
Mandalayas under existing law. It will be open to a Provincial
Council to confer additional powers on Gramodaya Mandalayas.
5. Provincial Housing and Construction -
5:1 Implementing, co-ordinating, supervising and
monitoring provincial housing development programmes and projects
(other than National Housing Development Authority projects)
including aided self help housing projects, housing loans and the
provision of building materials;
|
5:2 The implementation of the Protection of Tenants Act and the
Rent Act within a Province ;
5:3 Construction activity in respect of subjects in this List.
6. Roads and bridges and ferries thereon within the Province, other
than -
(a) national highways ;
(b) bridges and ferries on national highways.
7. Social Services and Rehabilitation-
7:1 Probation and Child Care Services ;
7:2 The Rehabilitation of destitute persons and families ;
7:3 Rehabilitation and welfare of physically, mentally and socially
handicapped persons ;
7:4 Relief of the disabled and unemployable.
8. Regulation of road passenger carriage services and
the carriage of goods by motor vehicles within the Province and the
provisions of inter-provincial road transport services.
9. Agriculture and Agrarian Services -
9:1 Agriculture, including agricultural
extension, promotion and education for provincial purposes and
agricultural services (other than in inter-provincial irrigation and
land settlement schemes, State land and plantation agriculture) ;
9:2 Rehabilitation and maintenance of minor irrigation works ;
9:3 Agricultural research save and except institutions designated as
national agricultural research institutions.
10. Rural Development
11. Health -
11:1 The establishment and maintenance of public
hospitals, rural hospitals, maternity homes, dispensaries
(other than teaching hospitals and hospitals established for special
purposes) ;
11:2 Public health services, health education, nutrition, family
health maternity and child care, food and food sanitation,
environmental health ;
11:3 Formulation and implementation of Health Development Plan and
of the Annual Health Plan for the Province ;
11:4 The provision of facilities for all institutions referred to in
1 above within the Province, excluding the procurement of drugs ;
11:5 Awarding of Scholarships for Post-Graduate Education within Sri
Lanka to personnel attached to the Institutions specified in 1
above.
12. Indigenous Medicine - Ayurveda, Siddha and Unani
-
12:1 Establishment of Ayurvedic dispensaries and
hospitals, grants to such dispensaries and hospitals ;
12:2 Establishment and maintenance of herbaria.
13:1 Rest houses maintained by local authorities
; and
13:2 Circuit bungalows presently administered by Government
departments whose functions are exclusively specified in this List.
14. Pawn brokers - Pawn brokers other than pawn
brokers business carried on by Banks.
15. Markets, fairs.
16. Food supply and distribution within the Province.
17. Co-operatives -
17:1 Co-operative undertakings and the
organization, registration, supervision and audit of
co-operative societies within the Province ;
17:2 Co-operative development within the Province including
co-operative education and propaganda ;
17:3 Provincial co-operative Employees Commission ;
17:4 Matters connected with employment, promotion, retirement and
other connected matters of employees of co-operative societies
within the Province.
18. Land.- Land, that is to say, rights in or over
land, land tenure, transfer and alienation of land, land use, land
settlement and land improvement, to the extent set out in Appendix II.
19. Irrigation.- Planning, designing, implementation,
supervision and maintenance of all irrigation works, other than
irrigation schemes relating to rivers running through more than one
Province or inter provincial irrigation and land development schemes.
20. Animal husbandry.- Preservation, protection and improvement of stock
and prevention of animal diseases within the Province.
21. Subject to the formulation and implementation of National Policy in
regard to development and planning, the power to promote, establish and
engage in agricultural, industrial, commercial and trading enterprises
and other income-generating projects, within the Province without
prejudice to the power of the Government and Public Corporations to have
such enterprises and projects.
(This would include the promotion of scientific and industrial research
within the Province and the preparation, co-ordination and the
implementation of industrial development plans for the Province).
22. Reformatories, Borstal institutions and other institutions of a like
nature and persons detained therein, arrangements with other Provinces
for the use of such institutions.
23. Possession, transport, purchase and sale of intoxicating liquors.
24. Burials and burial grounds, cremations and cremation grounds, other
than those declared by or under law made by Parliament to be
national memorial cemeteries.
25:1 Libraries, Museums and other similar
institutions controlled or financed by a Provincial Council ;
25:2 Ancient and historical monuments and records other than those
declared by or under law made by Parliament to be of national
importance.
26. The regulation of mines and mineral development,
to the extent permitted by or under any law made by Parliament, within
the Province.
27. Incorporation, regulation and judicial winding up of corporations
with objects confined to the Province, excluding trading corporations,
banking, insurance and financial corporations.
28. Regulation of unincorporated trading, literary, scientific,
religious and other societies and associations.
29:1 Theatres and dramatic performances, music,
cinemas, entertainments and amusements, excluding the sanctioning of
cinematograph films for exhibition and public performances.
29:2 Encouragement and development of sports
(other than national sports associations).
30. Betting and gambling, other than imposition of
licence fees and taxes.
31. Provincial debt.
32. Offences against statutes with respect to any of the matters
specified in this List.
33. Fees in respect of any of the matters in this List, excluding fees
taken in any court.
34. Development, conservation and management of sites and facilities in
the Province for the generation and promotion of electrical energy
(other than hydroelectric power and power generated to feed the national
grid).
35. The borrowing of money to the extent permitted by or under any law
made by Parliament.
36:1 Turnover taxes on wholesale and retail sales
within such limits and subject to such exemptions as may be
prescribed by law made by Parliament ;
36:2 Betting taxes, and taxes on prize competitions and lotteries,
other than National Lotteries and lotteries organized by the
Government of Sri Lanka ;
36:3 Licence taxes, arrack, toddy rents, tapping licence fees and
liquor licence fees ;
36:4 Motor vehicle licence fees within such limits and subject to
such exemptions 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 Traffic Act ;
36:11 Departmental fees in respect of any of the matters specified
in this List ;
36:12 Fees under the Fauna and Flora Protection
Ordinance ;
36:13 Fees on lands alienated under the Land Development Ordinance
and 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
revenue and maintenance of land records for revenue purposes ;
36:17 Taxes on lands and buildings including the property of the
State to the extent permitted by law made by Parliament ;
36:18 Taxes on mineral rights within such limits and subject to such
exemptions as may be prescribed by law made by Parliament ;
36:19 Licensing fees on the possession, transport, purchase and sale
of intoxicating liquors ;
36:20 Other taxation within the Province in order to raise revenue
for provincial purposes to the extent permitted by or under any law
made by Parliament.
37. Protection of environment within the Province to
the extent permitted by or under any law made by Parliament.
|
APPENDIX I
Law and Order
|
1. The subject devolved shall be described as follows
:-
Public Order and the exercise of Police powers as set out in this
Appendix within the Province, but not including -
(a) national defence ;
(b) national security ; and
(c) the use of any armed forces or any other forces under the
control of the Government of Sri Lanka in aid of the civil
power.
2. The I. G. P. shall be the head of the Sri Lanka
Police Force, The Sri Lanka Police Force shall be divided into -
(a) the National Division (including Special
Units) ; and
(b) a Provincial Division for each Province.
2:1 The National Division shall consist of the I.
G. P., (D. I. G. G., SS PP., ASPP.,) and other ranks recruited
at the national level.
2:2 A Provincial Division shall consist of the D.I.G., S.S.PP., S.PP
and A.S.PP., all seconded from the National Division and
Provincial Assistant Superintendents of Police, Chief Inspectors,
Inspectors, Sub-Inspectors, Sergeants and Constables recruited in
the Province. Members of the Provincial Division shall be eligible
for promotion to the National Division.
[7, 13 of 1987]
145[3. Recruitment to the National
Police Division and promotion of Police Officers in the Provincial
Divisions to the National Division, shall be made by the National Police
Commission.]
3:1 The National Police Commission shall, before
promoting any police Officer serving in any Provincial Division to
the National Division, call for a Confidential Report on such
Officer from the relevant Provincial Police Commission and take the
matters specified in such report into consideration in deciding
whether to promote such Officer or not.
3:2 The Commission shall also be responsible for promotions,
transfers and disciplinary control of members of the National
Division other than the I.G.P. subject to paragraph 4:1 below.
|
3:3 It shall hear and determine appeals
from officers seconded to Provincial Divisions against whom
disciplinary action has been taken by Provincial Police Commissions.
3:4 It shall set standards for recruitment and promotion of Police
Officers of all Divisions and such standards shall be uniform for
all Provincial Divisions.
4. Recruitment to each Provincial Division shall be
made by a Provincial Police Commission composed of three members, namely
-
(a) the D. I. G. of the Province ;
(b) a person nominated by the Public Service Commission in
consultation with the President ; and
(c) a nominee of the Chief Minister of the Province.
4:1 A Provincial Police Commission shall be
responsible for transfers, promotions and disciplinary
control over officers in the Provincial Division ; for promotion
of Officers of the National Division seconded to the Provincial
Division up to the rank of S.S.P. ; and for transfer
and disciplinary control over officers seconded to the
Provincial Division, except the D.I.G. :
Provided that any Officer of the National Division seconded to
any Provincial Division against whom disciplinary action has
been taken by a Provincial Police Commission, shall have the
right to appeal to the National Police Commission, whose
decision on such appeal shall be final.
5. The National Police Commission or a Provincial
Police Commission shall be entitled to delegate such of its powers as
may be prescribed to such other person or authority as may be
prescribed.
[7, 13 of 1987]
6. The I.G.P. shall appoint a D.I.G. for each Province with the
concurrence of the Chief Minister of the Province. However, where there
is non agreement between the Inspector-General of Police and the Chief
Minister, the matter146[will be referred to the
National Police Commission], who, after due consultations with the Chief
Minister, shall make the appointment.
[7, 13 of 1987]
7. The cadres of Police Officers of all ranks of the National Division
shall be fixed by the Government of Sri Lanka. The cadre of Officers and
other ranks of each Provincial Division shall be fixed by the Provincial
Administration 147[with the
approval of the National Police Commission], having regard to -
|
(a) the area of the Province ;
(b) population of the Province ; and
(c) such other criteria, as may be agreed to or prescribed.
These principles shall be uniformly applied to
all Provincial Divisions.
7:1 The cadres of the Provincial Divisions
shall be fixed on ascertained principles such as
population, area, number of Police Stations involved and other
relevant considerations. These principles shall be applied to
all Provincial Divisions without distinction.
7:2 The salary scales and perquisites of office enjoyed by the
various ranks in the National and Provincial Divisions shall be
determined by the Government of Sri Lanka after consultation
with the Chief Ministers of the Provinces. The salary scales and
perquisites of office as enjoyed by members of the Provincial
Divisions shall apply uniformly to all Provincial Divisions.
8. The nature, type and quantity of fire-arms and
ammunition and other equipment for the National Division shall be
determined by the National Police Commission. The nature, type and
quantity of fire-arms and ammunition and other equipment for all
Provincial Divisions shall be determined by the National Police
Commission after consultation with the Provincial Police Commission and
uniform standards and principles shall be applied for all Provincial
Divisions.
9. Recruitment to the National Division shall be made at the ranks of P.
C., S.I., and A.S.P., Recruitment to the Provincial Division shall be
made at the ranks of P.C., S.I., and P.A.S.P (rank referred to in
paragraph 2:2 above).
9:1 Recruitment to the National Division shall be
made by the National Police Commission and recruitment to the
Provincial Division shall be made by the Provincial Police
Commission having regard to the standards of recruitment and other
criteria prescribed in this behalf : Provided also that a
recruit may, on appointment, set out his preferences as to the
Division in which he wishes to serve and that he shall, if possible,
be posted to the Division of his choice, with the consent of the
Division concerned.
9:2 The Government of Sri Lanka shall be responsible for the
training of all recruits to and of members of all Divisions of the
Sri Lanka Police Force.
[7, 13 of 1987]
148[The National Police Commission may, where he
considers it necessary provide for alternate training for members of
any Provincial Division].
10. Members of the National Division and the
Provincial Divisions shall wear the same uniforms and insignia of rank,
provided that uniforms of the members of each Division shall bear a
distinctive shoulder flash, indicating the Division to which he belongs.
10:1 There shall be one uniformed police force in
each Province, comprising of the members of the Provincial Division
and the officers seconded thereto. Members of the National Division
shall ordinarily be in plain clothes provided that they may wear
uniforms when performing any duties in respect of the maintenance or
restoration of public order as set out in paragraph 12:2, 12:3 and
12:4. Provided also that the I.G.P. and such other Officers as may
be specified shall ordinarily be attired in uniforms.
11. All Police Officers serving in units of the
National Division and Provincial Divisions in any Province shall
function under the direction and control of the D. I. G. of such
Province.
11:1 The D. I. G. of the Province shall be
responsible to and under the control of the Chief Minister thereof
in respect of the maintenance of public order in the Province and
the exercise of police powers in the Province as set out in this
Schedule.
11:2 The provisions of paragraph 11:1 above are subject to the
qualifications that -
(a) upon the declaration of an emergency in
the Province, the President may assume such powers and
responsibilities of the Chief Minister and the Provincial
Administration in respect of public order within the Province as
he may, by regulation, provide ; and
(b) where the President is of the opinion that the security of
or public order in a Province is threatened by grave internal
disturbance, he may, without the declaration of an emergency,
but in consultation with the Chief Minister of such Province and
subject to the provisions of the Public Security Ordinance, by
order, deploy in aid of the civil power, any unit of the
National Division, in the Province for the purpose of restoring
public order :
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Provided that every such order shall cease
to be in force as soon as the President is satisfied that public
order has been restored or on the expiry of thirty days from the
date of the order, whichever is earlier. 12:1 The Provincial Division shall be responsible for the
preservation of public order within the Province and the prevention,
detection and investigation of all offences (except the offences
specified in the Schedule) and subject to the powers of the
Attorney-General in terms of the Code of Criminal Procedure Act, the
institution of prosecutions in the relevant Courts in respect of
such offences. The National Division of the Sri Lanka Police Force shall be
responsible for the prevention, detection and investigation of all
offences specified in the Schedule and subject to the powers of the
Attorney-General in terms of the Code of Criminal Procedure Act, for
the institution of prosecutions in the relevant Courts in respect of
such offences.
12:2 Where the Chief Minister seeks the assistance of the National
Division to preserve public order within a Province, the I.G.P.
shall deploy such personnel of the National Division as are
necessary for the purpose and place them under the control of the D.
I. G. of the Province.
12:3 Where a State of Emergency is declared in the Province, the
I.G.P. may deploy such units of the National Division as he deems
necessary in any Province for the restoration and maintenance of
public order within such Province.
12:4 Any offence which
may ordinarily be investigated by a Provincial Division may be
investigated by the C.I.D. or any other unit of the National
Division -
(a) where the Chief Minister requests, that
such investigation be undertaken by the C.I.D. or any other unit
of the National Division ; and
(b) where the I.G.P. is of opinion that an investigation of such
offence by the C.I.D. or any other unit of the National Division
is necessary, in the public interest and directs, after
consultation with the Chief Minister and the approval of the
Attorney-General, that such offence be investigated by the C.I.D.
or any other unit of the National Division.
13. The National Division shall perform all the
functions vested in a Provincial Division, in any Province, for a period
of one year or until a Provincial Division is established in such
Province, whichever is earlier.
14. All Gazetted officers of the National Division
and Provincial Division shall be required to attain the prescribed
standard in Sinhala and Tamil. All Officers of the rank of A.S.P. and
above shall also be required to attain the prescribed standard of
English.
Every recruit to the Sri Lanka Police Force shall have proficiency in
his mother tongue. For the first promotion he shall acquire proficiency
in a language other than his mother tongue. For the next promotion he
shall acquire a knowledge of the third language. The three languages
recognized for this purpose are Sinhala, Tamil and English.
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SCHEDULE
List of Offences to be investigated by the National Police
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1. Offences against the State.
2. Offences relating to the Navy, Army and Air Force.
3. Offences relating to the Elections.
4. Offences relating to Coins, Currency and Government Stamps.
5. Any Offence committed against the President.
6. Any Offence committed against a Public Officer, a Judicial Officer,
or the Speaker, or the Prime Minister or a Minister, or a Member
of the Judicial Service Commission, or a Member of the Public Service
Commission or a Deputy Minister or a Member of Parliament or the
Secretary General of Parliament or a Member of the President's Staff or
a Member of the Staff of the Secretary General of Parliament.
7. Any Offence relating to property belonging to the State or a State
Corporation or Company or Establishment, the whole or part of the
capital whereof has been provided by the State.
8. Any Offence prejudicial to National Security or the maintenance of
Essential Services.
9. Any Offence under any law relating to any matter in the Reserve List
other than such offences as the President may, by order published in the
Gazette, exclude.
10. Any Offence in respect of which Courts in more than one Province
have jurisdiction.
11. International Crimes.
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APPENDIX II
Land and Land Settlement
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State land shall continue to vest in the Republic and
may be disposed of in accordance with Article 33(d) and written law
governing this matter.
Subject as aforesaid, land shall be Provincial Council Subject, subject
to the following special provisions :-
1. State land -
1:1 State land required for the purposes of the
Government in a Province, in respect of a reserved or
concurrent subject may be utilised by the Government in accordance
with the laws governing the matter. The Government shall consult the
relevant Provincial Council with regard
to the utilisation of such land in respect of such subject.
1:2 Government shall make available to every
Provincial Council State land within the Province required by such
Council for a Provincial Council subject. The Provincial Council
shall administer, control and utilise such State land, in accordance
with the laws and statutes governing the matter.
1:3 Alienation or disposition of the State land within a Province to
any citizen or to any organisation shall be by the President, on the
advice of the relevant Provincial Council, in accordance with the
laws governing the matter.
2. Inter-Provincial Irrigation and Land Development
Projects.
2:1 Such projects would comprise irrigation and
land development schemes -
(a) within the Province initiated by the
State and which utilize water from rivers flowing through
more than one Province ; a Provincial Council however, may also
initiate irrigation and land development schemes within its
Province utilizing water from such rivers ;
(b) within the Province which utilize water through diversions
from water systems from outside the Province ; and
(c) all schemes where the command area falls within two or more
Provinces such as the Mahaweli Development Project.
2:2 These projects will be the responsibility of
the Government of Sri Lanka.
2:3 The principles and criteria regarding the
size of holdings of agricultural and homestead lands arising out of
these projects will be determined by the Government of Sri Lanka in
consultation with the Provincial Councils.
2:4 The selection of allottees for such lands will be determined by
the Government of Sri Lanka having regard to settler selection
criteria including degree of landlessness, income level, size of
family and agricultural background of the applicants. The actual
application of these principles, selection of allottees and other
incidental matters connected thereto will be within the powers of
the Provincial Councils.
2:5 The distribution of all allotments of such land in such projects
will be on the basis of national ethnic ratio. In the distribution
of allotments according to such ratios, priority will be given to
persons who are displaced by the project, landless of the District
in which the project is situated and thereafter the landless of the
Province.
2:6 Where the members of any community do not, or are unable to take
their entitlements of allotments from any such project, they would
be entitled to receive an equivalent number of allotments in another
Inter-Provincial Irrigation or Land Development Scheme. This unused
quota should be utilized within a given time-frame.
2:7 The distribution of allotments in such projects on the basis of
the aforesaid principles would be done as far as possible so as not
to disturb very significantly the demographic pattern of the
Province and in accordance with the principle of ensuring community
cohesiveness in human settlements.
2:8 The administration and management of such projects will be done
by the Government of Sri Lanka.
3. National Land Commission.
3:1 The Government of Sri Lanka shall establish a
National Land Commission which would be responsible for the
formulation of national policy with regard to the use of State land.
This Commission will include representatives of all Provincial
Councils in the Island.
3:2 The National Land Commission will have a Technical Secretariat
representing all the relevant disciplines required to evaluate the
physical as well as the socio-economic factors that are relevant to
natural resources management.
3:3 National policy on land use will be
based on technical aspects (not on political or communal aspects),
and the Commission will lay down general norms in regard to the use
of land, having regard to soil, climate, rainfall, soil erosion,
forest cover, environmental factors, economic viability, &c.
3:4 In the exercise of the powers devolved on them, the powers shall
be exercised by the Provincial Councils having due regard to the
national policy formulated by the National Land Commission.
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APPENDIX III
Education
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1. Provision of facilities for all State Schools
other than specified schools (Specified Schools will be National
Schools, Special Schools for Service Personnel and schools for specified
development schemes).
2. Supervision of the management of -
(a) all pre-schools ; and
(b) all State schools other than specified schools indicated above.
(In order to ensure standards the Ministry of Education will retain
the right to inspect and supervise the management of schools).
3. The transfer and disciplinary control of all
educational personnel, i. e. Teachers, Principals and Education
Officers, Officers belonging to a National Service but serving the
Provincial Authority on secondment will have the right of appeal to the
Public Service Commission. Officers belonging to the Provincial Public
Service will have a right to appeal to the Public Service Commission
against dismissal.
4. Recruitment into the Teaching Service of those with diplomas and
degrees, from Colleges of Education and Universities, recognised as
teaching qualifications.
5. Until adequate numbers of these categories are available recruitment
into the Teaching Service will be on the results of recruitment
examinations conducted by the Public Service Commission. On the results
of these
examinations interviews and selection will be conducted together with
the Provincial Authorities.
6. Appointment of Principals of all schools other than those in 1A, B, C
categories. (Criteria will be laid down by the Minister of Education).
7. Appointment of Principals of 1A, B, C schools will be by the
Secretary to the Ministry of the Minister in charge of the subject of
Education of the Public Service Commission.
8. Training of teachers and other educational personnel will come within
the purview of the National Institute of Education. Provincial
Authorities will indicate their needs to the National Institute of
Education.
9. Appointment of Provincial Boards of Education which will have the
advisory functions, will be the responsibility of the Minister of
Education. However, this will be done with the concurrence of the Chief
Minister of the Provincial Authority.
10. Provincial Authorities will establish School
Boards conforming to the specifications laid down by the Ministry of
Education.
11. Provincial Authorities will supervise the working of School Boards.
12. Preparation of plans (educational development plan and annual
implementation plan) will be the responsibility of the Provincial
Authority.
13. Implementation of the Annual Education Development Plan.
14. Appraisal of the performance of Principals, Teachers and Education
Officers.
15. Conducting of in-service training programmes for which prior
approval of the National Institute of Education has been obtained.
16. Conducting of local examinations approved by the
Commissioner-General of Examinations.
17. Implementation of non-formal education programmes.
18. Registration and supervision of pre-schools.
19. Obtaining the approval of the National Institute of Education for
local variations in the primary curriculum and selected subjects
in the secondary curriculum.
20. Construction and maintenance of educational buildings, libraries and
playgrounds.
21. Procuring and distribution of teaching aids, visual aids and audio
visual materials, furniture and other equipment.
22. Procuring and distribution of science equipment other than certain
specified items indicated by the Ministry.
23. Production and distribution of school textbooks after approval by
the Ministry.
24. Organization and development of school libraries in accordance with
guidelines given by the National Library Services Board.
(Above based on the recommendations of
Committee I of the Political Parties Conference)
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LIST II
(Reserved List)
National Policy on all Subjects and Functions.
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Defence and National Security : Internal Security
; Law and order and prevention and detection of crime except do the
extent specified in item 1 of List I.
This would include -
(a) Defence of Sri Lanka and every part
thereof including preparation for defence and all such
acts as may be conducive in times of war to its prosecution and
after its termination, to effective demobilisation ;
(b) Naval, military and air forces ; any other armed forces of
the Government of Sri Lanka ;
(c) Deployment of any armed force of the Government of Sri Lanka
or any other force subject to the control of the Government of
Sri Lanka or any contingent or unit thereof in any Province in
aid of the civil power ; powers, jurisdiction, privileges and
liabilities of the members of such forces while on such
deployment ;
(d) Delimitation of cantonment areas, local self-government in
such areas, the constitution and powers within such areas of
cantonment authorities and the regulation of house accommodation
(including the control of rents) in such areas ;
(e) Naval, military and air force works ;
(f) Arms, firearms, ammunition and explosives ;
(g) Atomic energy and mineral resources necessary for its
production ;
(h) Industries declared by Parliament by law to be necessary for
the purpose of defence or for the prosecution of war ;
(i) Criminal Investigation Department ;
(j) Preventive detention for reasons connected with Defence,
Foreign Affairs, or the security of Sri Lanka, persons subjected
to such detention ; and
(k) Extension of the powers and jurisdiction of members of a
police force belonging to any Province to any area outside
that Province, but not so as to enable the police of one
Province to exercise powers and jurisdiction in any area outside
that Province without the consent of the Provincial Council in
which such area is situated ; extension of the powers and
jurisdiction of members of a police force belonging to any
Province to railway areas outside that Province.
Foreign Affairs
This would include -
(a) Foreign Affairs ; all matters which bring
the Government of Sri Lanka into relation with any foreign
country ;
(b) Diplomatic, consular and trade representation ;
(c) United Nations Organization ;
(d) Participation in international conferences, associations and
other bodies and implementing of decisions made thereat ;
(e) Entering into treaties and agreements with foreign countries
and implementing treaties, agreements and conventions with
foreign countries;
(f) War and peace ; and
(g) Foreign jurisdiction.
Posts and Telecommunications ; Broadcasting ;
Television
This would include -
(a) Posts and telegraphs ; telephones ;
wireless, broadcasting and other like forms of communications ;
and
(b) Sanctioning of cinematograph films for exhibition.
Justice in so far as it relates to the judiciary
and the courts structure.
This would include -
(a) Constitution, organisation, jurisdiction
and powers of the Supreme Court (including contempt of
such Court) and the fees taken therein ; persons entitled
to practise before the Supreme Court, Court of Appeal and other
Courts ;
(b) Constitution, organisation, jurisdiction and powers of the
Court of Appeal and the fees taken therein ; and
(c) Jurisdiction and powers of all Courts, except the Supreme
Court and the Court of Appeal.
Finance in relation to national revenue, monetary
policy and external resources ; customs.
This would include -
(a) Public debt of the Government of Sri
Lanka ;
(b) Currency, coinage and legal tender ; foreign exchange ;
(c) Foreign loans ;
(d) Central Bank ;
(e) National Savings Bank ;
(f) Lotteries organised by the Government of Sri Lanka or a
Provincial Council ;
(g) Banking ;
(h) Bills of exchange, cheques, promissory notes and other like
instruments ;
(i) Insurance ;
(j) Stock exchanges and future markets ;
(k) Audit of the accounts of the Government of Sri Lanka and of
the Provinces;
(l) Taxes on income, capital and wealth of individuals,
companies and corporations ;
(m) Customs duties, including import and export duties and
excise duties ;
(n) Turnover taxes and stamp duties, except to the extent
specified in List I ;
(o) Any other tax or fee not specified in List I.
Foreign Trade ; Inter-Province Trade and Commerce
This would include -
(a) Trade and commerce with foreign countries
; import and export across customs frontiers; definition of
customs frontiers; and
(b) Inter-province trade and commerce.
Ports and Harbours
This would include -
(a) Ports declared by or under law made by
Parliament or existing law to be major ports including
their delimitation and the constitution and powers of port
authorities therein ; and
(b) Port quarantine, including hospitals connected therewith ;
seamen's and marine hospitals.
Aviation and Airports
This would include -
Airways ; aircraft and air navigation ;
provision of aerodromes ; regulation and organisation of air
traffic and of aerodromes ; provision for aeronautical education
and training and regulation of such education and training
provided by Provinces and other agencies.
National Transport
This would include -
(a) Railways ;
(b) Highways declared by or under law made by Parliament to be
national highways ; and
(c) Carriage of passengers and goods by railway, land, sea or
air or by national waterways in mechanically propelled
vessels.
Rivers and Waterways ; Shipping and Navigation ;
Maritime zones including Historical Waters, Territorial Waters,
exclusive Economic zone and Continental Shelf and Internal Waters ;
State Lands and Foreshore, Except to the Extent Specified in Item 18 of
List I.
This would include -
(a) Piracies and crimes committed on the high
seas or in the air ; offences against the law of nations
committed on land or the high seas or in the air ;
(b) Shipping and navigation on inland waterways, declared by
Parliament by law to be national waterways, as regards
mechanically propelled vessels ; the rule of the road on such
waterways ;
(c) Maritime shipping and navigation, including shipping and
navigation on tidal waters ; provision of education and training
for the mercantile marine and regulation of such education and
training provided by Provinces and other agencies
;
(d) Lighthouses, including lightships, beacons and other
provision for the safety of shipping and aircraft ;
(e) Regulation and development of inter province rivers ; and
river valleys to the extent to which such regulation and
development under the control of the Government of Sri Lanka is
declared by Parliament by law to be expedient in the public
interest ;
(f) Fishing and fisheries beyond territorial waters ; and
(g) Property of the Government of Sri Lanka and the revenue
therefrom, but as regards property situated in a province,
subject to statutes made by the Province save in so far as
Parliament by law otherwise provides.
Minerals and Mines
This would include -
(a) Regulation and development of oil fields
and mineral oil resources ; petroleum and petroleum products ;
other liquids and substances declared by Parliament by law to be
dangerously inflammable ; and
(b) Regulation of mines and mineral
development to the extent to which
such regulation and development under the control of the
Government of
Sri Lanka is declared by Parliament by law to be expedient in
the public
interest.
Immigration and Emigration and Citizenship
This would include -
(a) Citizenship, Naturalization and Aliens ;
(b) Extradition ; and
(c) Admission into and emigration and expulsion from, Sri Lanka
; passports and visas.
Elections Including Presidential, Parliamentary,
Provincial Councils and Local Authorities
This would include -
Elections to Parliament, Provincial Councils,
Local Authorities and to the
Office of President ; the Department of Elections.
Census and Statistics
This would include -
(a) Census ; and
(b) Inquiries, surveys and statistics for the purposes of any of
the matters in this List.
Professional Occupations and Training
This would include -
(a) Institutions, such as Universities,
declared by Parliament by law to be institutions of
national importance;
(b) Institutions for scientific or technical education by the
Government of Sri Lanka wholly or in part and declared by
Parliament by law to be institutions of national importance ;
(c) Provincial agencies and institutions for -
(i) professional, vocational or technical training, including the training of police officers; or
(ii) the promotion of special studies or research ; or
(iii) scientific or technical assistance in the investigation or detection of crime ; and
(d) Co-ordination and determination of
standards in institutions for higher education or research and
scientific and technical institutions.
National Archives ; Archaeological Activities and
Sites and Antiquities declared by or under any law made by Parliament to
be of National Importance.
This would include -
Ancient and historical monuments and records
and archaeological sites and remains declared by or under
law made by Parliament to be of national importance.
All Subjects and Functions not Specified in List I
or List III including -
(a) Pilgrimages to places outside Sri Lanka ;
(b) Incorporation, regulation and winding up of trading
corporations, including banking, insurance and financial
corporations but not including co-operative societies ;
(c) Incorporation, regulation and winding up of corporations,
whether trading or not, with objects not confined to one
province, but not including universities ;
(d) Patents, inventions and designs ; copyright, trade marks and
merchandise marks ;
(e) Establishment of standards of weight and measure ;
(f) Establishment of standards of quality for goods to be
exported out of Sri Lanka or transported from one province
to another ;
(g) Industries, the control of which by the Government of Sri
Lanka is declared by Parliament by law to be expedient in
the public interest ;
(h) Regulation of labour and safety in mines ;
(i) Manufacture, supply and distribution of salt by agencies of
the Government of Sri Lanka ; regulation and control of
manufacture, supply and distribution of salt by other agencies ;
(j) Cultivation, manufacture and sale for export, of opium ;
(k) Industrial disputes concerning employees of the Government
of Sri Lanka;
(l) Institutions such as Museums and War Memorials financed by
the Government of Sri Lanka wholly or in part and declared
by Parliament by law to be institutions of national importance ;
(m) The Survey of Sri Lanka, the Geological, Botanical,
Zoological and Anthropological Surveys of Sri Lanka ;
Meteorological organizations ;
(n) National Public Services ; National
Public Service Commission ;
(o) Pensions, that is to say, pensions payable by the Government
of Sri Lanka or out of the Consolidated Fund ;
(p) Salaries and allowances of Members of Parliament and the
Speaker and Deputy Speaker of Parliament ;
(q) Powers, privileges and immunities of Parliament and of the
members and the Committees of Parliament ; enforcement of
attendance of persons for giving evidence or producing documents
before Committees of Parliament or Commissions appointed by
Parliament ;
(r) Emoluments, allowances, privileges and rights in respect of
leave of absence, of the President and Governors ; salaries and
allowances of the Ministers of the Government of Sri Lanka ; the
salaries, allowances and rights in respect of leave of absence
and other conditions of service of the Auditor-General ;
(s) Inter-Province migration ; inter-province quarantine ;
(t) Offences against laws with respect to any of the matters in
this List ; and
(u) Fees in respect of any of the matters in this List, but not
including fees taken in any Court.
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LIST III
(Concurrent List)
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1. Planning -
1:1 Formulation and appraisal of plan
implementation strategies at the provincial level ;
1:2 Progress control ;
1:3 Monitoring progress of public and private sector investment
programmes ;
1:4 The evaluation of the performance of institutions and
enterprises engaged in economic activities ;
1:5 The presentation of relevant data in the achievement of plan
targets ;
1:6 The dissemination of information concerning achievement of plan
targets ;
1:7 Publicity of implementation programmes ;
1:8 Manpower planning and employment Data Bank ;
1:9 Nutritional planning and programmes.
2. and 3. Education and Educational Services.-
Education, except to the extent specified in items 3 and 4 of List 1.
4. Higher Education -
4:1 The establishment and maintenance of new
Universities.
4:2 The establishment of degree awarding institutions under the
Universities (Amendment) Act, No. 07 of 1985 and other institutions
for tertiary, technical and post-school education and training.
5. National Housing and Construction.- The promotion
of integrated planning and implementation of economic, social and
physical development of urban development areas.
6. 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 floods, droughts, epidemics or other
exceptional causes and rehabilitation and resettlement of those
affected ;
7:3 Restoration, reconstruction and
rehabilitation of towns, villages, public institutions and
properties, industries, business places, places of worship and other
properties destroyed or damaged, grant of compensation or relief to
persons or institutions who have sustained loss or damage and the
reorganization of civil life.
8. Agricultural and Agrarian Services -
8:1 Establishment and promotion of agro-linked
industries, the establishment and maintenance of farms and
supervision of private nurseries ;
8:2 Soil conservation ;
8:3 Plant pests.
9. Health -
9:1 Schools for training of Auxiliary Medical
Personnel ;
9:2 The supervision of private medical care, control of nursing
homes and of diagnostic facilities within a Province;
9:3 Population control and family planning ;
9:4 Constitution of Provincial Medical Boards.
10. Registration of births, marriages and deaths.
11. Renaming of Towns and Villages.
12. Private lotteries within the Province.
13. Festivals and Exhibitions.
14. Rationing of food and maintenance of food stocks.
15. Co-operatives - Co-operative Banks.
16. Surveys - For the purpose of any of the matter enumerated in the
Provincial or Concurrent List.
17. Irrigation -
17:1 Water storage and management, drainage and
embankments, flood protection, planning of water resources ;
17:2 Services provided for inter-provincial land and irrigation
schemes, such as those relating to rural development, health,
education, vocational training, co-operatives and other facilities.
18. Social Forestry and protection of wild animals
and birds.
19. Fisheries - Other than fishing beyond territorial waters.
20. Animal Husbandry -
20:1 Production, processing, distribution and
sale of livestock and livestock products ;
20:2 Veterinary training services and research, inclusive of the
provision of science laboratories and science equipment;
20:3 Animal breeding, care and health ;
20:4 The establishment of pastures.
21. Employment -
21:1 Employment planning at Provincial level ;
21:2 Special Employment programmes relating to the Province ;
21:3 Promotion of youth employment activities relating to the
Province ;
21:4 Technical Manpower Development Programmes in relation to the
Province.
22. Tourism.- Development and control of the Tourist
Industry in the Province.
23. Trade and commerce in, and the production, supply and distribution
of -
(a) the products of any industry where the
control of such industry by the Government is declared by Parliament
by law to be expedient in the public interest and imported goods of
the same kind as such products; and
(b) foodstuffs and cattle fodder.
24. Newspapers, books and periodicals and printing
presses.
25. Offences against statutes with respect to any matters specified in
this List.
26. Fees in respect of any of the matters in this
List, excluding fees taken in any Court.
27. Charities and charitable institutions, charitable and religious
endowments and religious institutions.
28. Price control.
29. Inquiries and statistics for the purpose of any of the matters in
this List or in the Provincial Council List.
30. Adulteration of foodstuffs and other goods.
31. Drugs and Poisons.
32. Extension of electrification within the Province and the promotion
and regulation of the use of electricity within the Province.
33. Protection of the environment.
34. Archaeological sites and remains, other than those declared by or
under any law made by Parliament to be of national importance.
35. Prevention of the extension from one Province to another of
infectious or contagious diseases or pests affecting human beings,
animals or plants.
36. Pilgrimages.
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1 - Substituted by Seventh Amendment to the Constitution Sec.
2(a) for twenty four.
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2 - Substituted by Seventh
Amendment to the Constitution Sec. 2(b) for "territorial
waters".
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3 - Inserted by Sec. 2 of the
Nineteenth Amendment to the Constitution
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4 - Renumbered as paragraph (1) of
Article 18 by Section 2(a) of the Thirteenth Amendment to the
Constitution.
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5 - Added by Section 2(b) of the
Thirteenth Amendment to the Constitution.
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6 - Substituted by Section 2(1) of
the Sixteenth Amendment to the Constitution for "or a Member of
a Local Authority".
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7 - Substituted by Section 2(2) of
the Sixteenth Amendment to the Constitution for "or in such
Local Authority".
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8 - Original Article 22 replaced by
Section 3 of the Sixteenth Amendment to the Constitution.
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9 - Original Article 23 replaced by
the Sixteenth Amendment to the Constitution Sec. 3.
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10 - Original para (1) repealed and
substituted by the Sixteenth Amendment to the Constitution Sec.
4(1).
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11 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(2) for "in either of the
National Languages".
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12 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(3)(a) for "the appropriate
National Language."
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13 - Substituted by the Sixteenth
Amendment to the Constitution Sec. 4(3)(b) for "either of the
National Languages."
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14 - Inserted by the Sixteenth
Amendment to the Constitution Sec. 5
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15 - Amended by the Nineteenth
Amendment to the Constitution Sec. 3
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16 - Inserted by the Nineteenth
Amendment to the Constitution Sec. 4
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17 - Inserted by the Third
Amendment to the Constitution Sec. 2 (1)
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18 - Amended by the Eighteenth
Amendment to the Constitution Sec. 2(2)(a)
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19 - Amended by the Nineteenth
Amendment to the Constitution Sec. 4
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20 - Amended by the Eighteenth
Amendment to the Constitution Sec. 2(2)(b)
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21 - Proviso to Article 3A (a) (i)
was repealed by the Nineteenth Amendment to the Constitution
Sec.4
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22 - Amended by the Nineteenth
Amendment to the Constitution Sec. 4
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23 - Original para (4) repealed and
substituted by the Third Amendment to the Constitution Sec.
2(2).
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24 - substituted by the Eighteenth
Amendment to the Constitution Sec 3.(1)
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25 - inserted by the Eighteenth
Amendment to the Constitution Sec 3.(2)
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26 - Article 33 substituted by the
Nineteenth Amendment to the Constitution Sec 5
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27 - Inserted by the Nineteenth
Amendment to the Constitution Sec 6
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28 - Substituted by the Nineteenth
Amendment to the Constitution Sec.7
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29 - Substituted by the Third
Amendment to the Constitution Sec(3) for '"one month".
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30 - Chapter VII A was substituted
by the Nineteenth Amendment to the Constitution Sec. 8
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31 - Chapter VIII was substituted
by the Nineteenth Amendment to the Constitution Sec. 9
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32 - original Chapter IX repealed
and substituted by the Seventeenth Amendment to the Constitution
Sec.4
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33 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
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34 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
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35 - Substituted by the Nineteenth
Amendment to the Constitution Sec.10
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36 - Original Article 55 repealed
and substituted by the Eighteenth Amendment to the Constitution
Sec.8
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37 - substituted by the Eighteenth
Amendment to the Constitution Sec.11 for "as are specified by
the Cabinet of Ministers
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38 - substituted by the Eighteenth
Amendment to the Constitution Sec.11 for "as are specified by
the Cabinet of Ministers
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39 - substituted by the Nineteenth
Amendment to the Constitution Sec.13 for "Subject to the
provisions of paragraphs (1), (2), (3), (4) and (5) of Article
126,
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40 - Substituted by the Nineteenth
Amendment to the Constitution Sec.14
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41 - Article 62(1) repealed and
substituted by the Fourteenth Amendment to the Constitution
Sec.3.
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42 - Article 62(2) repealed and
substituted by the Nineteenth Amendment to the Constitution
Sec.15
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43 - Substituted by the Nineteenth
Amendment to the Constitution Sec.16 (1)
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44 - Substituted by the Nineteenth
Amendment to the Constitution Sec.16 (2)
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45 - Substituted by the Nineteenth
Amendment to the Constitution Sec.17
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46 - Substituted by the Nineteenth
Amendment to the Constitution Sec.18
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47 - Substituted by the Fourteenth
Amendment to the Constitution Sec.4 for "duly approved by the
People at a Referendum".
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48 - Article 85(2) was repealed by
the Nineteenth Amendment to the Constitution Sec.19
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49 - Substituted by the Seventeenth
Amendment to the Constitution Sec.6 for "Article 116".
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50 - Inserted by the Seventeenth
Amendment to the Constitution Sec.7(1)
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51 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20
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52- Substituted for (vii), (viii),
(ix), (x) by Sec. (2) of the Ninth Amendment to the
Constitution.
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53 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "a public officer
holding any office"
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54 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "a public officer
holding any office"
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55 - Inserted by Sec. 7(4) of the
Seventeenth Amendment to the Constitution
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56 - Substituted for (vii), (viii),
(ix), (x) by Sec. (2) of the Ninth Amendment to the
Constitution.
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57 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20
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58 - Substituted by the Nineteenth
Amendment to the Constitution Sec.20 for "thirty"
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59 - Article 92(c) repealed by the
Eighteenth Amendment to the Constitution Sec 15; and inserted by
the Nineteenth Amendment to the Constitution Sec.20.
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60 - Substituted by the Seventh
Amendment to the Constitution Sec.3 for "Twenty Four"'
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61 - Inserted by the Fourteenth
Amendment to the Constitution Sec.5; and repealed by the
Fourteenth Amendment to the Constitution Sec.2
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62 - Amended by the Fourteenth
Amendment to the Constitution Sec. (b) and by the Fifteenth
Amendment to the Constitution Sec. (3).
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63 - Original Article 99 repealed
and replaced by the Fourteenth Amendment to the Constitution
Sec. (7).
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64 - Substituted by the Fifteenth
Amendment to the Constitution Sec. 4(1) for "less than one
eighth of the total votes".
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65 - 99(14) Repealed by the
Fifteenth Amendment to the Constitution Sec. 4(2).
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66 - Inserted by the Fourteenth
Amendment to the Constitution Sec. 8.
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67 - Inserted by the Fifteenth
Amendment to the Constitution Sec. 5.
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68 - Substituted by the Sixth
Amendment to the Constitution Sec. 2 for "by election or
otherwise".
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69 - Repealed by the Seventeenth
Amendment to the Constitution Sec. 8 and a new Chapter XIVA
containing Article Nos. 103 and 104 in respect of "Election
Commission" is inserted by the Seventeenth Amendment to the
Constitution Sec. 9.
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70 - New Chapter XIVA inserted by
the Seventeenth Amendment to the Constitution Sec. 9.
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|
71 - substituted by the Nineteenth
Amendment to the Constitution Sec. 22
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72 - substituted by the Nineteenth
Amendment to the Constitution Sec. 22
|
|
73 - substituted by the Nineteenth
Amendment to the Constitution Sec. 23
|
|
74 - substituted by the Nineteenth
Amendment to the Constitution Sec. 24
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|
75 - Inserted by the Nineteenth
Amendment to the Constitution Sec. 25
|
|
76 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 26
|
|
77 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 27
|
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78 - Original para. (1) substituted
by Sec. 2 of the Eleventh Amendment to the Constitution.
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|
79 - Original para. (2) substituted
by Sec 12(1) of the Seventeenth Amendment to the Constitution.
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|
80 - Inserted by the Seventeenth
Amendment to the Constitution Sec 12(2)
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|
81 - Inserted by Sec. 4 of the
Seventh Amendment to the Constitution
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|
82 - Substituted for the words "the
president may, by warrant, appoint." by the Seventh Amendment to
the Constitution which was inserted by Seventh Amendment to the
Constitution Sec. 13
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83 - Inserted by Sec. 14 of the
Seventeenth Amendment to the Constitution
|
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84 - Orginal Article 116 renumbered
as Article 111C by the Seventeenth Amendment to the
Constitution. Sec. 15
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85 - Chapter XVA, Articles 111D to
111M, inserted by the Seventeenth Amendment to the Constitution
Sec.16
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86 - Substituted by the Nineteenth
Amendment to the Constitution Sec.28
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87 - Articles 111E(5) and (6)
substituted by the Nineteenth Amendment to the Constitution
Sec.29
|
|
88 - Repealed by the Seventeenth
Amendment to the Constitution Sec.17
|
|
89 - Renumbered as Article 111C by
the Seventeenth Amendment to the Constitution Sec.15
|
|
90 - Article 122 repealed by the
Nineteenth Amendment to the Constitution Sec.30
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91 - Article 123(3) repealed by the
Nineteenth Amendment to the Constitution Sec.31
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|
92 - Substituted by the Nineteenth
Amendment to the Constitution Sec.32 for the words "provided in
Articles 120, 121 and 122"
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93 - Substituted by the Fourteenth
Amendment to the Constitution Sec.9(3) for "election petitions"
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94 - Substituted by the Fourteenth
Amendment to the Constitution Sec.9(1) for "election of the
President"
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|
95 - Substituted by the Fourteenth
Amendment to the Constitution Sec.9(3) for "election of the
President shall be"
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|
96 - Substituted by the Nineteenth
Amendment to the Constitution Sec.9(3) for " 121, 122, 125"
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97 - Words "and the appointment of
senior attorneys-at-law" omitted by the Eighth Amendment to the
Constitution Sec.3
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98 - Substituted by the Thirteenth
Amendment to the Constitution Sec.3(a) for "committed by any
Court of First Instance."
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99 - Substituted by the Thirteenth
Amendment to the Constitution Sec.3(b) for "of which such Court
of First Instance"
|
|
100 - Inserted by the First
Amendment to the Constitution Sec.2 w.e.f. 7th September 1978.
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101 - Original para (2) repealed
and substituted by the Eleventh Amendment to the Constitution
Sec.6
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|
102 - Substituted by the Nineteenth
Amendment to the Constitution Sec.34
|
|
103 - Substituted by the Nineteenth
Amendment to the Constitution Sec.34
|
|
104 - New Articles 153A to 153H
inserted by the Nineteenth Amendment to the Constitution Sec.35
|
|
105 - Substituted by the Nineteenth
Amendment to the Constitution Sec.36
|
|
106 - Substituted by the Nineteenth
Amendment to the Constitution Sec.36 for the words "public
corporation or business or other undertaking"
|
|
107 - Substituted by the Nineteenth
Amendment to the Constitution Sec.36 for the words "any public
corporation or business or other undertaking"
|
|
108 - Inserted by the Nineteenth
Amendment to the Constitution Sec.36
|
|
109 - Chapter XVIIA Articles 154A
to 154T inserted by the Thirteenth Amendment to the Constitution
Sec.4
|
|
110 - Substituted by the Nineteenth
Amendment to the Constitution Sec.37
|
|
111 - Inserted by the Thirteenth
Amendment to the Constitution Sec.5
|
|
112 - Paras (8) and (9) repealed by
the Tenth Amendment to the Constitution Sec.2(1).
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|
113 - Paras (10) and (11)
renumbered as (8) and (9) by the Tenth Amendment to the
Constitution Sec. 2(2).
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114 - Substituted by the Tenth
Amendment to the Constitution Sec. 2(3) for"contained in
paragraph (6), (7), (8) or (9) of this Article."
|
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115 - New Chapter XVIIIA inserted
by the Seventeenth Amendment to theConstitution Sec. 20.
|
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116 - Substituted by the Nineteenth
Amendment to the Constitution Sec.38(1)
|
|
117 - Substituted by the Nineteenth
Amendment to the Constitution Sec.38(2)
|
|
118 - Inserted by the Nineteenth
Amendment to the Constitution Sec.39
|
|
119 - Substituted by the Nineteenth
Amendment to the Constitution Sec.40. for "under paragraph (1)
of Article 126"
|
|
120 - Substituted by the Nineteenth
Amendment to the Constitution Sec.41 for "any decision of the
Commission or a Committee, or to so influence any member of the
Commission or a Committee"
|
|
121 - Repealed by the Nineteenth
Amendment to the Constitution Sec.42
|
|
122 - Inserted by the Nineteenth
Amendment to the Constitution Sec.43
|
|
123 - Substituted by the Nineteenth
Amendment to the Constitution Sec.44
|
|
124 - Substituted by the Nineteenth
Amendment to the Constitution Sec.45
|
|
125 - Substituted by the Nineteenth
Amendment to the Constitution Sec.45
|
|
126 - New Chapters XIXA and XIXB
inserted by the Nineteenth Amendment to the Constitution Sec.46
|
|
127 -Inserted by the Sixth
Amendment to the Constitution Sec.3
|
|
128 - Substituted by the Third
Amendment to the Constitution Sec. 4, for "shall hold office."
|
|
129 - Original para (ii) repealed
and substituted by the Second Amendment to the Constitution
Sec2.
|
|
130 - Substituted by the Sixth
Amendment to the Constitution Sec4(1) for "to fill such vacancy.
Upon receipt of such nomination, the Commissioner".
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|
131- Added by the Fifth Amendment
to the Constitution Sec. 2(b).
|
|
132- Substituted by the Sixth
Amendment to the Constitution, Sec. 4(2)(a), for" within thirty
days of his being required to do so."
|
|
133- Substituted by the Sixth
Amendment to the Constitution Sec. 4(2)(b), for "vacancy, then
the Commissioner of Elections."
|
|
134- Added by the Sixth Amendment
to the Constitution Sec. 4(3).
|
|
135 - Original para (e) repealed
and substituted by the Fourth Amendment to the Constitution Sec.
2.
|
|
136- Inserted by the Eighth
Amendment to the Constitution Sec. 4.
|
|
137 - Substituted by the
Seventeenth Amendment to the Constitution Sec. 22(1) for "Other
than in Article 114".
|
|
138 - Substituted by the Nineteenth
Amendment to the Constitution Sec. 47
|
|
139 - Substituted by the Thirteenth
Amendment to the Constitution Sec. 6 for the words "and includes
orders."
|
|
140- Inserted by the Seventh
Amendment to the Constitution Sec.5
|
|
141- Substituted by the Eleventh
Amendment to the Constitution Sec. 7 for "Fiscals."
|
|
142 - Inserted by the Sixth
Amendment to the Constitution Sec.5
|
|
143 - Inserted by the Thirteenth
Amendment to the Constitution Sec.7
|
|
144 - Inserted by the Thirteenth
Amendment to the Constitution Sec.7
|
|
145- Inserted by the Thirteenth
Amendment to the Constitution Sec.7 and substituted by the
Seventeenth Amendment to the Constitution Sec.23(1) for item 3
|
|
146 - Inserted by the Thirteenth
Amendment to the Constitution Sec.7 and substituted by the
Seventeenth Amendment to the Constitution Sec.23(2) for "will be
referred to the President"
|
|
147 - Inserted by the Thirteenth
Amendment to the Constitution Sec. 7, and substituted by the
Seventeenth Amendment to the Constitution Sec. 23(3), for "with
the approval of the President".
|
|
148 - Inserted by the Thirteenth
Amendment to the Constitution Sec. 7 and substituted by the
Seventeenth Amendment to the Constitution Sec. 23(4) for "The
President may, where he considers it necessary provide for
alternate training for members of any Provincial Division". |
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