THE CONSTITUTION

OF THE

DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

(As amended up to 31st October 2022)

Revised Edition - 2023

Published by the Parliament Secretariat

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 Peoples 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

CHAPTER XXI
TRANSITIONAL PROVISIONS

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 ¹⁷²[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

161. Notwithstanding anything to the contray in any other provision of the Constitution -

(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;
(b)

(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;
(ii) the law applicable to election petitions in relation to an election held as provided in sub- paragraph (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;

(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;
(d)

(i) where immediately before the commencement of 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;
¹⁷³[(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 SecretaryGeneral of Parliament, the fact and date thereof. The Secretary-General shall, upon receipt of such communication, submit it to the Speaker.
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.
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 therefor:
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 therefrom, 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.
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.
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:-
"This resolution has been passed by the majority required by Article 161(d) (ii) of the Constitution".
The seat of such Member shall, with effect from the date of such certificate, become vacant.
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.]
(iii) Where a vacancy as is referred to in subparagraph (i) or (ii) has occurred, the SecretaryGeneral 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 ¹⁷⁴[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:
¹⁷⁵[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 ¹⁷⁶[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 ¹⁷⁷[vacancy, or where such political party is deemed to be prescribed under Article 157(a), then, the Commissioner of Elections] 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.
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.]
¹⁷⁸[(iv) Where a Member nominated or elected to fill any such vacancy as is referred to in sub-paragraph (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.
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).
The jurisdiction of the Court of Appeal in respect of its powers under this sub-paragraph shall be exercised in the manner provided in subparagraph (iv) of the proviso to paragraph (2) of Article 146.]

¹⁷⁹(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.]

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.

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.

164. Subject to the provisions of Article 163 every person who immediately before the Commencement of the Constitution -

(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,
(b) was in the service of the Republic, any local authority or any Public Corporation,
(c) held office in any local authority or Public Corporation, or
(d) held any appointment under any existing written law,

shall continue in such service or hold such office or appointment under the same terms and conditions.

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 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.

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.

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.

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.

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 AttorneyGeneral, 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.7 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. 7 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. 7 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.

¹⁸⁰[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 -at- law" shall, from the date on which this Article comes into force, be deemed to include a reference to "President"s Counsel-.]

CHAPTER XXII
INTERPRETATION

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", ¹⁸¹[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;

(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.

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.

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;

"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;

¹⁸²["public officer" means a person who holds any paid office under the Republic, other than a judicial officer, but does not include-

(a) the President;

(b) the Prime Minister;

(c) the Speaker;

(d) a Minister appointed under Article 44 or 45;

(e) a Deputy Minister appointed under Article 46;

(f) a Member of Parliament;

(g) a member of the Constitutional Council;

(h) a member of the Judicial Service Commission;

(i) the Chairman or a member of any Commission referred to in Article 41B;

(j) the Secretary-General of Parliament;

(k) a member of the staff of the Secretary-General of Parliament;

(l) a member of the University Grants Commission;

(m) a member of the Official Languages Commission;

(n) the Auditor-General; and

(o) the Governor of the Central Bank of Sri Lanka.]

"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;
"territorial waters" includes the territorial sea and the historic waters of Sri Lanka;
"written law" means any law and subordinate legislation ¹⁸³[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.

CHAPTER XXIII
REPEAL

171. The Constitution adopted and enacted on the 22nd day of May, 1972, is hereby repealed.

CHAPTER XXIV
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

Devo Vassatukalena
sassasampattihetu ca
phito bhavatu loko ca
raja bhavatu dhammiko

SIDDHIRASTU

*Other Consequential Amendments in the Twenty first Amendment to the Constitution

[30.

(1)

(a) The ninth Parliament in existence on the day proceeding the date which this Act comes into operation. Shall, unless dissolved earlier continue to function until August 19, 2025 and shall thereafter stand dissolved.

(b) The persons holding office respectively as the President and the Prime Minister on the day presidingthe date on which this Act comes into operation, shallcontinue to hold office after such date subject to theprovisions of the Constitution.

(2) Every person holding office on the day preceding the date on which this Act comes into operation, as-

(a) the Chief Justice;

(b) the Judges of the Supreme Court;

(c) the members of the Judicial Service Commission;

(d) the President of the Court of Appeal;

(e) the Judges of the Court of Appeal;

(f) the Attorney-General;

(g) Governor of the Central Bank of Sri Lanka;

(h) the Auditor-General;

(i) the Inspector-General of Police;

(j) the Parliamentary Commissioner for Administration (Ombudsman);

(k) the Secretary-General of Parliament;

(l) the judges of the High Court; or

(m) the judicial officers, scheduled public

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.

(3) Every person holding office on the day preceding the date on which this Act comes into operations, as a member of the Parliamentary Council shall cease to hold office as a member of the Parliamentary Council with effect from the date on which this Act into operations.

(4) Every person holding office on the day preceding the date on which this Act comes into operation, as the Chairman or a member of -

(a) the Election Commission;

(b) the Public Service Commission;

(c) the National Police Commission;

(d) the Human Rights Commission of Sri Lanka;

(e) the Commission to Investigate Allegations of Bribery or Corruption;

(f) the Finance Commission; and

(g) the Delimitation Commission,

Shall cease to hold such office with effect from the date on which this Act comes into operation:

Provided however, 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 Commissions are constituted in accordance with Chapter VII A of the Constitution.

(5) 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,

pending before Public Service Commission on the day preceding the date on which this Act comes into operations, 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.

(6) 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 on which this Act comes in to 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.

31. For the avoidance of doubt, it is hereby declared that -

(a) where there is a requirement in any written law to obtain the recommendation or approval of the Parliamentary Council, on the day preceding the date on which this Act comes into operation, the reference to the Parliamentary Council shall be read and constructed as a reference to the Constitutional Council with effect from the date on which this Act comes into operation; and

(b) any Member of the ninth Parliament in existence on the day preceding the date on which this Act comes into operation, who is subject to the disqualification specified in item (xiii) of sub paragraph (d) of paragraph (1) of Article 91 of the Constitution shall not be qualified to sit and vote in Parliament with effect from the date on which this Act comes into operation.]

______________________

* - The section numbers indicated in this section are as per the numbers assigned to the Twenty First Amendment to the Constitution.

FIRST SCHEDULE
ARTICLE 5
Names of Administrative Districts

1 Colombo
2 Gampaha
3 Kalutara
4 Kandy
5 Matale
6 Nuwara - Eliya
7 Galle
8 Matara
9 Hambantota
10 Jaffna
¹⁸⁴[5, 7 of 1983]   [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

SECOND SCHEDULE
ARTICLE 6

THE NATIONAL FLAG

THIRD SCHEDULE
ARTICLE 7
Words and Music of the National Anthem

FOURTH SCHEDULE
ARTICLE 32, 53, 61, 107, 165

FIFTH SCHEDULE
ARTICLE 111M

Clerks
¹⁸⁵[7, 11 of 1987]   [Deputy Fiscals]
Interpreters
Stenographers
Typists
Binders

SIXTH SCHEDULE
ARTICLE 162(2)

¹⁸⁶[5, 6 of 1983]  SEVENTH SCHEDULE
ARTICLE 157A AND ARTICLE 161(d)(iii)

¹⁸⁷[7, 13 of 1987]   [EIGHTH SCHEDULE
[Article 154A]
Provinces

Western
North-Western
Uva
Sabaragamuwa
Central
Eastern
Southern
North-Central
Northern]

¹⁸⁸ [7, 13 of 1987]   [NINTH SCHEDULE
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 interprovincial 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 interprovincial 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 incomegenerating 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 his 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 hydro- electric 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.GG., S.S.PP., A.S.PP.,) 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.

¹⁸⁹[23, 17 of 2001]   [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.
[23, 17 of 2001]  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 matter ¹⁹⁰[will be referred to the National Police Commission], who, after due consultations with the Chief Minister, shall make the appointment.
[23, 17 of 2001]   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 ¹⁹¹[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.
¹⁹²[23, 17 of 2001]   [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:
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 AttorneyGeneral, 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.

SCHEDULE
List of Offences to be investigated by the National Police

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.

APPENDIX II
Land and Land Settlement

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.

APPENDIX III
Education

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 text books 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)

LIST II
(Reserved List)

National Policy on all Subjects and Functions.
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.

LIST III
(Concurrent List)

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.]