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Home > Struggle for Tamil Eelam >Democracy Sri Lanka Style >  Sri Lanka's Laws > Ceylon Constitution Order in Council, 1946

SRI LANKA'S LAWS

Ceylon Constitution Order in Council 1946

The Ceylon Constitution Order in Council 1946 was the result of the endeavours of the Soulbury Commission which visited Sri Lanka in 1945. Lord Soulbury, who headed the commission, later became independent Ceylon's first Governor General. In 1963, in a foreword that he wrote B.H.Farmer's study titled 'Ceylon - a Divided Nation' (Oxford University Press),   Lord Soulbury declared:

".... A Commission, of which I had the honour to be the Chairman, was appointed by the British Government in 1944, to examine and discuss proposals for the constitutional reform of Ceylon. It did not take long to discover that the relations of minorities to majorities, and particularly of the Tamil minority in the northern and eastern provinces to the Sinhalese majority further south, were in the words of the Commission's report 'the most difficult of the many problems involved'. The Commission had of course a cursory knowledge of the age-long antagonism between these two communities, but might have been less hopeful of a solution had Mr. Farmer's book been available to underline the deplorable effect of centuries of troubled history upon the Ceylonese of today.

The Commission devoted a substantial portion of its report to this minority question, and stated that it was satisfied that the Government of Ceylon was fully aware that the contentment of the minorities was essential not only to their own well-being but to the well-being of the island as a whole. And to quote the Commission's report: 'If it were otherwise, no safeguard that we could devise would in the long run be of much avail.' Recent years have shown that this observation was only too true...

.... Needless to say the consequences have been a bitter disappointment to myself and my fellow Commissioners. While the Commission was in Ceylon, the speeches of certain Sinhalese politicians calling for the solidarity of the Sinhalese and threatening the suppression of the Tamils emphasised the need for constitutional safeguards on behalf of that and other minorities... As Sir Charles Jeffries has put it in his admirable book, Ceylon -The Path to Independence, 'The Soulbury constitution . . . had entrenched in it all the protective provisions for minorities that the wit of man could devise'. Nevertheless,   in the light of later happenings, I now think it is a pity that the Commission did not also recommend the entrenchment in the constitution of guarantees of fundamental rights, on the lines enacted in the constitutions of India, Pakistan, Malaya, Nigeria and elsewhere.

Perhaps in any subsequent amendment of Ceylon's constitution those in authority might take note of the proclamation made by the delegates at the African conference which met in Lagos two years ago: 'Fundamental human rights, especially the right to individual liberty, should be written and entrenched in the constitutions of all countries'. Nevertheless the reconciliation of Tamils and Sinhalese will depend not on constitutional guarantees but on the goodwill, common sense and humanity of the Government in power and the people who elect it."

CEYLON (CONSTITUTION) ORDER IN COUNCIL [AS AMENDED BY THE CEYLON CONSTITUTION (AMENDMENT) ORDER IN COUNCIL, 1947, THE CEYLON CONSTITUTION (AMENDMENT NO. 2) ORDER IN COUNCIL, 1947, THE CEYLON CONSTITUTION (AMENDMENT NO. 3) ORDER IN COUNCIL, 1947, THE CEYLON INDEPENDENCE ORDER IN COUNCIL, 1947, AND ACTS NOS. 29 OF 1954, 35 OF 1954, AND 36 OF 1954.

[Parts I, IV, and IX - 17th May 1946.] [Part III - 5th July, 1947.] [Parts II, V, VI, and VII - 1st September, 1947.] [Part VIII - 14th October, 1947.]

CONTENTS

PREAMBLE

At the Court at Buckingham Palace, the 15th day of May, 1946

Present: THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL

Whereas by the Orders in Council set out in the First Schedule to this Order provision is made for the constitution of a State Council for the Island of Ceylon:

And whereas in the years 1944 and 1945 a Commission was appointed by His Majesty's Government under the chairmanship of the Right Honourable Herwald, Baron Soulbury, O.B.E., M.C., to visit the Island of Ceylon in order to examine and discuss proposals for constitutional reform, and the said Commission duly visited the Island and made a report to His Majesty’s Government:

And whereas a Statement of Policy on Constitutional Reform in Ceylon was presented to Parliament by His Majesty's Government in the month of October, 1945:

And whereas paragraph 10 of the said Statement of Policy contained the following decision:

"His Majesty's Government are in sympathy with the desire of the people of Ceylon to advance towards Dominion status and they are anxious to co-operate with them to that end. With this in mind, His Majesty's Government have reached the conclusion that a Constitution on the general lines proposed by the Soulbury Commission (which also conforms in broad out line, save as regards the Second Chamber, with the Constitutional scheme put forward by the Ceylon Ministers themselves) will provide a workable basis for constitutional progress in Ceylon.

"Experience of the working of Parliamentary institutions in the British Commonwealth has shown that advance to Dominion status has been effected by modification of existing constitutions and by the establishment of conventions which have grown up in actual practice.

" Legislation such as the Statute of Westminster has been the recognition of constitutional advances already achieved rather than the instrument by which they were secured. It is therefore the hope of His Majesty's Government that the new constitution will be accepted by the people of Ceylon with a determination so to work it that in a comparatively short space of time such Dominion status will be evolved. The actual length of time occupied by this evolutionary process must depend upon the experience gained under the new constitution by the people of Ceylon "

And whereas, having regard to the matters aforesaid it is expedient to revoke the said Orders in Council and to make other provision in lieu thereof:

Now, therefore, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows:-

PART I - PRELIMINARY

l. (1) This Order may be cited as the Ceylon (Constitution) Order in Council, 1946.

(2) Nothing in this Order shall extend to the Maldive Islands.

2. (1) This Order shall be published in the Gazette.

(2) Parts I, IV, and IX of this Order shall come into operation on the date on which this Order is published in the Gazette. [fn1]

(3) Part III of this Order shall come into operation on such date [fn2] as the Governor may appoint by Proclamation, being a date not earlier than nine months from the date on which this Order is published in the Gazette.

(4) Parts II, V, VI, and VII of this Order shall come into operation on such date or dates as the Governor may appoint by Proclamation, being a date or dates not later than the date on which the names of Members elected to the first House of Representatives are first published in the Gazette.[fn3]

(5) Part VIII of this Order shall come into operation on the date [fn4] of the first meeting of the House of Representatives.

3. (1) In this Order, unless the context otherwise requires-

" adjourn " with its grammatical variations and cognate expressions means terminate a sitting of the Senate or the House of Representatives, as the case may be;

" British subject " means any person who is a British subject according to the law for the time being of the United Kingdom, any person who has been naturalised any enactment of any of Her Majesty's dominions, and any person who is a citizen or subject of any of the Indian States as defined for the purposes of the Government of India Act, 1935;

" dissolve " with its grammatical variations and cognate expressions means terminate the continuance of a Parliament;

"elector" means a person entitled to vote at an election of a Member;

" the existing Orders in Council l " means the Orders in Council set out in the First Schedule to this Order;

" general election" means the first general election of Members after the date on which this Part of this Order comes into operation or a general election of Members after a dissolution;

" Governor-General " means the Governor-General and Commander-in-Chief of the Island and includes the Officer for the time being Administering the Government and, to the extent to which a Deputy for the Governor-General is authorised to act, that Deputy;

"Indian and Pakistani electoral district " means the Indian and Pakistani electoral district constituted under this Order [fn5];

" Island" means the Island of Ceylon and the dependencies thereof;

" judicial office " means any paid judicial office;

" Legislative Council " means the Legislative Council which was constituted by the Ceylon (Legislative Council) Order in Council, 1923,

" Member " or " Member of Parliament " means a Member of the House of Representatives;

" Parliament" means the Parliament of the Island;

" President', means the President, for the time being, of the Senate and includes the Deputy President or other Senator who may for the time being be acting as President;

" Proclamation " means a Proclamation by the Governor-General published in the Gazette;

" prorogue " with its grammatical variations and cognate expressions means bring a session of Parliament to an end;

" public office', means any office the holder of which is a public officer;

" public officer " means any person who holds a paid office, other than a judicial office, as a servant of the Crown in respect of the Government of the Island, but does not include-

(a) the Governor-General or any member of the Governor-General's office or of his personal staff,

(b) the President, the Speaker, or an officer of the Senate or the House of Representatives,

(c) the Clerk to the Senate, the Clerk to the House of Representatives or a member of the staff of the Clerk to the Senate or the Clerk to the House of Representatives,

(d) a Minister or Parliamentary Secretary, or a person who, having held office as a Minister under the existing Orders in Council immediately prior to the date on which Part III of this Order comes into operation, continues to hold office as a Minister at any time during the period commencing on that date and ending on the date on which Ministers or other authorities assume charge of such functions as may be assigned to them under this Order,

(e) a Senator or a Member of Parliament by reason only of the fact that he receives any remuneration or allowance as a Senator or Member,

(f)) a member of the Judicial Service Commission,

(g) a member of the Public Service Commission,

(h) the Auditor-General,

(i) a member of the Ceylon Defence Force or of the Ceylon Naval Volunteer Force or of any other naval, military, or air force that may be raised under the provisions of any Act of Parliament' by reason only of his membership of any such force,

(j) a Crown Advocate other than a Crown Counsel,

(k) a Crown Proctor;

" Secretary of State', means one of Her Majesty's Principal Secretaries of State;

" Senator " means a person who is for the time being a Member of the Senate;

" Session " means the meetings of Parliament commencing when Parliament first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when Parliament is prorogued or is dissolved without having been prorogued;

" sitting " means a period during which the Senate or the House of Representatives, as the case may be, is sitting continuously without adjournment, and includes any period during which the Senate or the House of Representatives is in Committee;

" Speaker " means the Speaker for the time being of the House of Representatives and includes the Deputy Speaker or other Member who may for the time being be acting as Speaker;

''State Council " means the State Council constituted by the Ceylon (State Council) Order in Council, 1931;

" United Kingdom " means the United Kingdom of Great Britain and Northern Ireland.

(2) Any reference in this Order to an Order in Council shall be construed as a reference to that Order as amended, by any subsequent Order.

(3) Any reference to the holder of a particular judicial or public office shall be deemed to include a reference to a person acting in that office.

(4) In the interpretation of this Order, the provisions of the Interpretation Ordinance other than the definition of " the Government " shall, subject to the express provisions of this Order, and notwithstanding any provision to the contrary in that Ordinance, apply as it applies for the interpretation of an Ordinance of the State Council, or of an Act of Parliament.

PART II - THE GOVERNOR-GENERAL

4, (1) The Governor-General shall be appointed by Her Majesty, and shall have and may exercise in the Island during Her Majesty's pleasure, but subject to the provisions of this Order, such powers, authorities and functions of Her Majesty as Her Majesty may be pleased to assign to him.

(2) All powers, authorities and functions vested in Her Majesty or the Governor-General shall, subject to the provisions of this Order and of any other law for the time being in force, be exercised as tar as may be in accordance with the constitutional conventions applicable to the exercise of similar powers, authorities and functions in the United Kingdom by Her Majesty:

Provided that no act or omission on the part of the Governor-General shall be called in question in any court of law or otherwise on the ground that the foregoing provisions of this subsection have not been complied with.

5. (1) The Governor-General shall receive a salary of £8,000 a year.

(2) During any period in which the Office Governor-General is vacant, or the Governor-General is absent from the Island, or is from any cause prevented from, or incapable of' acting in the duties of his Office, the Officer Administering the Government shall receive a salary calculated at the rate of £ 6,000 a year and shall not be entitled to receive during that period any salary in respect of any other office.

(3) The salary of the Governor-General or of the Officer Administering the Government shall be charged on the Consolidated Fund and shall not be altered during his continuance in office.

(4) In the assessment of any income tax which may be payable under any written law, no account shall be taken of the salaries provided by this section for the Governor-General and for the Officer Administering the Government or of the annual value of any official residence occupied by either of them as such.

6. The salaries of any member of the Governor General s office and of his personal staff shall be determined by Parliament and shall be charged on the Consolidated Fund.

PART III - THE LEGISLATURE - GENERAL

7. There shall be a Parliament of the Island which shall consist of Her Majesty, and two Chambers to be known respectively as the Senate and the House of Representatives.

8. (1) The Senate shall consist of thirty Senators of whom fifteen (hereinafter referred to as " elected Senators ") shall by the House of Representatives and fifteen (hereinafter referred to as " appointed Senators") shall be appointed by the Governor-General.

(2) The Senate shall be a permanent body and the term of office of a Senator shall not be affected, and the seat of a Senator shall not become vacant' by reason of a dissolution of Parliament.

(3) One-third of the Senators shall retire every second year.

(4) Subject to the provisions of section 73 of this Order, the term of office of a Senator shall be six years from the date of his election or appointment:

Provided that-

(a) a person who is elected or appointed a Senator to fill a casual vacancy shall be deemed to be elected or appointed to serve only for the remainder of his predecessor's term of office;

(b) a person who is elected or appointed to fill a vacancy caused by the termination of a Senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected or appointed on such termination..

(5) A separate election shall be held for the filling of each casual vacancy among the elected Senators.

(6) A retiring Senator shall, if otherwise qualified, be eligible for re-election or reappointment from time to time.

(7) In this section, the expression " casual vacancy'' means a vacancy occurring otherwise than by the termination of a Senator's period of office by effluxion of time.

9. ( l) After the first election under section 17 of this Order of the Speaker, the Deputy Speaker and Chairman of Committees and the Deputy Chairman of Committees, the House of Representatives shall, before proceeding to any other business, elect fifteen Senators; and thereafter, as soon as may be after the occurrence of a vacancy among the elected Senators, the House of Representatives shall elect a person to fill such vacancy.

(2) The election of Senators shall, whenever such election is contested, be according to the principle of proportional representation, each voter having one transferable vote.

(3) As soon as may be after the election of a Senator, the Clerk to the House of Representatives shall communicate to the Governor-General and to the Clerk to the Senate the name of the person elected.

10. (1) As soon as may be alter the first election of Senators under section 9 of this Order, the Governor - General shall appoint fifteen Senators, and thereafter, whenever there is a vacancy among the appointed Senators, the Governor-General shall appoint a person to fill the vacancy:

Provided that, if there is at the same time a vacancy among the elected Senators, the Governor-General may defer filling the vacancy among the appointed Senators until the vacancy among the elected Senators has been filled.

(2) Whenever a person is appointed a Senator under this section, the Governor-General shall cause to be sent to the Clerk to the Senate a certificate signed by the Governor-General setting out the name of the person appointed and the date of appointment. Such certificate shall be conclusive for all purposes and shall not be questioned in any court of law.

(3) In the exercise of his functions under this section the Governor-General shall endeavour to appoint persons who he is satisfied have rendered distinguished public service or are persons of eminence in professional, commercial, industrial or agricultural life, including education, law, medicine, science, engineering and banking.

11. (1) [fn6] The House of Representatives shall consist of-

(a) ninety-five Members elected by the electors of the electoral districts specified in the Proclamation under section 43 of this Order published in Gazette No. 9,595 of 30th August' 1946, and

(b) four Members elected for the Indian and Pakistani electoral district in accordance with the law for the time being in force for the election of such Members.

(2) In addition to the Members specified in subsection (1) of this section, there shall be six Members appointed by the Governor-General after every general election to represent any important interest in the Island which in his opinion is not represented or is inadequately represented.

(3) When the seat of a Member appointed under this section falls vacant the Governor-General may appoint a person to fill the vacancy.

(5) [fn7] Unless Parliament is sooner dissolved, every House of Representatives shall continue for five years from the date appointed for its first meeting and no longer, and the expiry of the said period of five years shall operate as a dissolution of Parliament.

11A. [fn8](1) An electoral district' by the name of the Indian and Pakistani electoral district and comprising the Island is hereby constituted. The Indian and Pakistani electoral district herein before constituted shall be an electoral district of the Island for all the purposes of this Order and of any law for the time being in force relating to the election of members of the House of Representatives; and the provisions of this Order and of any such law shall be construed accordingly.

(2) Notwithstanding the constitution of the Indian and Pakistani electoral district-

(a) no Member or Members of the House of Representatives shall be returned for that district;

(b) no person or persons shall be entitled to be so returned; and

(c) no election shall be held or other steps taken for the purpose of returning such Member or Members for that district,

until after the date specified in the notice published by the Governor-General under subsection (3), and the provisions of this Order and of any law for the time being in force relating to the election of members of that House shall he construed accordingly:

Provided, however, that nothing in the preceding provisions of this section shall affect or be deemed or construed to affect the operation of the provisions of sections 23A to 23D of the Ceylon (Parliamentary Elections) Order in Council, 1946, (both sections inclusive); and accordingly steps may be taken under those sections before the date aforesaid for the preparation or revision and certification of the register of electors for the Indian and Pakistani electoral district.

(3) There shall be returned, after a date specified by the Governor-General by notice published in the Gazette, for the Indian and Pakistani electoral district four Members.

(4) Notwithstanding that the Indian and Pakistani electoral district comprises the Island, the Island may continue to be divided into electoral districts in accordance with Part IV of this Order, and any such division shall be valid for all purposes although such electoral districts include areas comprised within the limits of the Indian and Pakistani electoral district.

Any such division effected prior to the date of the constitution of the Indian and Pakistani electoral district and in force on that date be valid and shall continue in force until it is superseded or altered by a fresh division in accordance with this Order.

12. Subject to the provisions of this Order a person who is qualified to be an elector shall be qualified to be elected or appointed to either Chamber.

13. (1) A Senator shall be disqualified for being elected or appointed or for sitting or voting as a Member of the House of Representatives.

(2) A person shall be disqualified for being elected or appointed as a Senator or for sitting or voting in the Senate if he has not attained the age of thirty-five years.

(3) A person shall be disqualified for being elected or appointed as a Senator or a Member of the House of Representatives or for sitting or voting in the Senate or in the House of Representatives

(a) if he is not a British subject or is by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign Power or State; or

(b) if he is a public officer or a judicial officer or the Auditor-General; or

(c) if he, directly or indirectly, by himself or by any : person on his behalf - or for his use or benefit, holds, or enjoys any right or benefit under any contract made by or on behalf of the Crown in respect of the Government of the Island for the furnishing or providing of money to be remitted abroad or of goods or services to be used or employed in the service of the Crown in the Island;

(d) if he has received, or is a member of any incorporated or unincorporated body of less than twenty-five persons which has received, during the period of twelve months immediately preceding, from the public funds of the Island, any grant of such a nature that the award or amount thereof is within the discretion of the Crown or of a public officer; or :

(e) if he is an undischarged bankrupt or insolvent, having been declared a bankrupt or insolvent under any law in force in any part of Her Majesty's dominions or in any territory under Her Majesty's protection or in any territory in which Her Majesty has from time to time jurisdiction;

(f) if he is serving or has, during the period of seven years immediately preceding, completed the serving of a sentence of imprisonment (by whatever name called) for a term of three months or longer imposed by any court in any part of Her Majesty's dominions or in any territory under Her Majesty's protection or in any territory in which Her Majesty has from time to time jurisdiction, for an offence punishable with imprisonment for a term exceeding twelve months, or is under sentence of death imposed by any such court, or is serving, or has during the period of seven years immediately preceding, completed the serving of a sentence of imprisonment for a term of three months or longer awarded in lieu of execution of any such sentence

Provided that, if any person disqualified under this paragraph is granted a free pardon, such disqualification shall cease from the date on which the pardon is granted; or

(g) if he is, under any law in force in the Island, found or declared. to be of unsound mind; or

(h) if by reason of his conviction for a corrupt or illegal practice or by reason of the report of an election judge in accordance with: the law for the time being in force relating to the election of Senators or Members of Parliament, he is incapable of being registered as an elector or of being elected or appointed as a Senator or Member, as the case may be; or

(i) if by reason of his conviction for a corrupt or illegal practice, he would have been incapable of being elected as a member of the Legislative Council or of the State Council if the laws relating to the election of Members to those bodies had remained in operation; or

(j) if by reason of his-expulsion or resignation from the State Council before the date upon which this Part of this Order comes into operation he would have been incapable of being elected or appointed a Member of the State Council if the Ceylon (State Council) Order in Council, 1931, as amended by the Ceylon (State Council) Amendment Order in Council, 1943, had remained in force; or =; .

(k) if during the preceding seven years he has been adjudged by a competent court or by a Commission appointed with the approval of the Senate or the House of Representatives or by a Committee thereof to have accepted a bribe or gratification offered with a view to influencing his judgment as a Senator or as a Member of Parliament.

(4) The provisions of paragraphs (c) and (d) of subsection (3) of this section shall not apply to-

(i) any contract for subscription to a loan to be issued to the public on advertised terms,

(ii) any pension, gratuity, or other benefit payable from the public revenues or other funds of the Island;

(iii) any grant to any Municipal Council, Urban Council or other public authority established by or under any written law; or

(iv) any grant to any person or body of persons for purposes mainly religious, educational or otherwise charitable or any salary or allowance payable from the public revenue or other funds of the Island to any person, not being a public officer, employed by or under any person or body of persons for any such purposes.

(5) For the purposes of paragraph (k) of subsection (3) of this section, the acceptance by a Senator or Member of Parliament of any allowance or other payment made to him by any trade union or other organisation solely for the purposes of his maintenance shall not be deemed to be the acceptance of a bribe or gratification.

14. (1) Any person who-

(a) having been appointed or elected a Member of the Senate or House of Representatives, but not having been, at the time of such appointment or election, qualified to be so appointed or elected, shall sit or vote in the Senate or House of Representatives, or

(b) shall sit or vote in the Senate or House of Representatives after his seat therein has become vacant or he has become disqualified from sitting or voting therein, knowing, or having reasonable grounds for knowing, that he was so disqualified, or that his seat has become vacant, as the case may be, shall be liable to a penalty of five hundred rupees for every day upon which he so sits or votes.

(2) The penalty imposed by this section shall be recoverable by action in the District Court of Colombo instituted by any person who may sue for it:

Provided that no such action, having been instituted, shall proceed further unless the leave of the District Judge of the court is obtained.

(3) Where, after the institution of any action in pursuance of the provisions of this section, no steps in pursuit of the action are taken by the person instituting the action for any period of three months the action shall be dismissed with costs.

15. (1) The Governor-General may, from time to time, by Proclamation summon, prorogue, or dissolve Parliament.

(2) Parliament shall be summoned to meet once at least in every year.

(3) A Proclamation proroguing Parliament shall fix a date for the next session, not being more than four months after the date of the Proclamation:

Provided that, at any time while Parliament stands prorogued,

(a) the Governor-General may by Proclamation summon Parliament for an earlier date (not being less than three days from the date of such Proclamation);

(b) the Governor-General may dissolve Parliament.

(4) A Proclamation dissolving Parliament shall fix a date or dates for the general election of Members of Parliament, and shall summon a new Parliament to meet on a date not later than four months after the date of the Proclamation.

(5) after the dissolution of Parliament, the Governor-General is satisfied that an emergency has arisen of such a nature that an earlier meeting of Parliament is- necessary, the Governor General may by Proclamation summon the Parliament which has been dissolved for a date not less than three days from the date of such Proclamation, and such Parliament may be kept in session until the meeting of the new Parliament.

16. (1) The Senate shall at its first meeting elect two Senators to be respectively the President and the Deputy President and Chairman of Committees (hereinafter referred to as the " Deputy President ") thereof.

(2) A Senator holding office as the President or the Deputy President of the Senate shall, unless he earlier resigns his office, vacate his office if he ceases to he a Senator.

(3) Whenever the office of President or Deputy President of the Senate becomes vacant, the Senate shall, at its first meeting after the occurrence of the vacancy elect another Senator to be the President or the Deputy President, as the case may be.

(4) The President, or in his absence the Deputy President, or in their absence a Senator elected by the Senate for the sitting, shall preside at sittings of tile Senate.

17. (1) The House of Representatives shall, at its first meeting after a general election, elect three Members to be respectively the Speaker, the Deputy Speaker and Chairman of Committees (hereinafter referred to as the " Deputy Speaker ") and the Deputy Chairman of Committees thereof.

(2) A Member holding office as the Speaker or the Deputy Speaker or the Deputy Chairman of Committees of the House of Representatives shall, unless he earlier resigns his office or ceases to be a Member, vacate his office on the dissolution of Parliament.

(3) Whenever the office of Speaker, Deputy Speaker or Deputy Chairman of Committees becomes vacant otherwise than as a result of a dissolution of Parliament the House of Representatives shall at its first meeting after the occurrence of the vacancy elect another :Member to be the Speaker, Deputy Speaker or Deputy Chairman of Committees as the case may be.

(4) If Parliament, after having been dissolved, is summoned under subsection (5) of section 15, each of the Members mentioned in subsection (2) of this section shall, notwithstanding anything in that subsection, resume and continue to hold his office while that Parliament is kept in session.

(5) The Speaker, or in his absence the Deputy Speaker, or in their absence the Deputy Chairman of Committees, shall preside at sittings of the House of Representatives. If none of them is present, a Member elected by the House of Representatives for the sitting shall preside at sittings of the House.

18. Save as otherwise provided in subsection (4) of section 29, any question proposed for decision by either Chamber shall be determined by a majority of votes of the Senators or Members, as the case may be, present and voting. The President or Speaker or other person presiding shall not vote in the first instance but shall have and exercise a casting vote in the event of an equality of votes.

19. Each Chamber shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings therein shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings.

20. If at any time during a meeting of either Chamber the attention of the person presiding is drawn to the fact that there are, in the case of a meeting of the Senate, fewer than six Senators present, or, in the case of a meeting of the House of Representatives, fewer than twenty Members present, the person presiding shall, subject to any standing order of the Chamber, adjourn the sitting without question put.

21. Subject to the provisions of this Order, each Chamber may, by resolution or standing order, provide for-

(i) the election and retirement of the President and Deputy President, in the case of the Senate;

(ii) the election and retirement of the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, in the case of the House of Representatives;

(iii) the regulation of its business, the preservation of order at its sittings and any other matter for which provision is required or authorised to be so made by this Order.

22. (1) Each Chamber may adjourn from time to time as it may determine by resolution or standing order until Parliament is prorogued or dissolved.

(2) During the adjournment of either Chamber for a period exceeding one month the President, or Speaker, as the case may be, shall, if requested by the Prime Minister' convene, in such manner as may be prescribed by the standing orders of that Chamber, a meeting of the Senate or the House of Representatives for the transaction of any urgent business of public importance.

23. (1) The seat of a Senator shall become vacant

(a) upon his death; or

(b) if, by writing under his hand, addressed to the Clerk to the Senate, he resigns his seat; or

(c) if he becomes subject to any of the disqualifications mentioned in section 13 of this Order; or

(d) if, without the leave of the Senate first obtained, he absents himself from the sittings of the Senate during a continuous period of three months; or

(e) upon the termination of his term of office.

(2) As soon as may be after the seat of an elected Senator becomes vacant, the Clerk to the Senate shall inform the Clerk to the House of Representatives of the vacancy.

(3) As soon as may be after the seat of an appointed Senator becomes vacant, the Clerk to the Senate shall inform the Governor-General of the vacancy.

24. (1) The seat of a Member of Parliament shall become vacant

(a) upon his death; or

(b) if, by writing under his hand addressed to the Clerk to the House of Representatives, he resigns his seat; or

(c) if he is elected or appointed a Member of the Senate; or

(d0 if he becomes subject to any of the disqualifications mentioned in section 13 of this Order; or

(e) if, without the leave of the House of Representatives  first obtained, he absents himself from the sittings of the House during a continuous period of three months; or

(f) upon the dissolution of Parliament.

(2) Whenever the seat of a Member of Parliament falls vacant under this section except upon a dissolution of Parliament, the Clerk to the House of Representatives shall inform the Governor-General who shall

(except in the case of a Member appointed under the provisions of subsection (2) of section 11 of this Order), within one month, by notice in the Gazette order the holding of an election to fill the vacancy.

(3) [fn9] The Governor-General may, by notice published in the Gazette, order the holding of an election for the purpose of electing the first Members of the House of Representatives for the Indian and Pakistani electoral district. Such notice shall, for all the purposes of this Order and of any law for the time being in force relating to the election of Members of that House, have the same force and effect as a notice under subsection (2) for the holding of an election to fill a vacancy in the seat of a Member of Parliament; and the provisions of this Order and of any such law shall be construed accordingly.

(4) [fn9] No notice shall be published by the Governor General under subsection (3) of this section until after the date specified in the notice published by the Governor-General under subsection (3) of section 11A.

25. Except for the purpose of electing the President or the Speaker, no Senator or Member of Parliament shall sit or vote in the Senate; or the House of Representatives until he has taken and subscribed before the Senate or the House of Representatives, as the case may be, the oath of allegiance in accordance with the provisions of the Promissory Oaths Ordinance or shall have made the appropriate affirmation in lieu thereof as provided in the said Ordinance.

26. If provision is made by law for the payment to Senators or Members of Parliament of any remuneration or allowance in their capacity as Senators or Members of Parliament, the receipt by any Senator or Member of Parliament of such remuneration or allowance shall not disqualify him from sitting or voting in the Senate or the House of Representatives, as the case may be.

27. (1) The privileges, immunities and powers of the Senate and the House of Representatives and of Senators and Members of Parliament may be determined and regulated by Act of Parliament but no such privileges, immunities or powers shall exceed those for the time being held or enjoyed by the Commons House of Parliament of the United Kingdom or of its Members.

(2) Until Parliament otherwise provides, the privileges of the Senate and the House of Representatives and of Senators and Members of Parliament shall be the same as the privileges of the State Council and of its Members at the date on which it is last dissolved.

28. (1) There shall be a Clerk to the Senate who shall be appointed by the Governor General

(2) There shall be a Clerk to the House of Representatives who shall be appointed by the Governor General.

(3) The members of the staff of the Clerk to the Senate shall be appointed by him in consultation with the President.

(4) The members of the staff of the Clerk to the House of Representatives shall be appointed by him in consultation with the Speaker.

(5) The Clerk to the Senate, the Clerk to the House of Representatives and the members of their staffs shall while they hold their offices as such, be disqualified for being elected or appointed as a Senator or as a Member of Parliament or for sitting or voting in the Senate or the House of Representatives.

(6) The Clerk to the Senate and the Clerk to the House of Representatives shall not be removable except by the Governor-General on an address of the Senate, or of the House of Representatives, as the case may be:

Provided that unless Parliament otherwise provides, the age for their retirement shall be sixty years.

LEGISLATIVE POWERS AND PROCEDURE

29. (1) Subject to the provisions of this Order, Parliament shall have power to make laws for the peace, order and good government of the Island.

(2) No such law shall -

(a) prohibit or restrict the free exercise of any religion; or

(b) make persons of any community or religion liable to disabilities or restrictions to which persons of other communities or religions are not made liable; or

(c) confer on persons of any community or religion any privilege or advantage which is not conferred on persons of other communities or religions, or

(d) alter the constitution of any religious body except with the consent of the governing authority of that body, so, however, that in any case where a religious body is incorporated by law, no such alteration shall be made except at the request of the governing authority of that body:

Provided, however, that the preceding provisions of this subsection shall not apply to any law making provision for, relating to, or connected with, the election of Members of the House of Representatives, to represent persons registered as citizens of Ceylon under the Indian and Pakistani Residents (Citizenship) Act.

This proviso shall cease to have effect on a date to be fixed by the Governor-General by Proclamation published in the Gazette.

(3) Any law made in contravention of subsection (2) of this section shall, to the extent of such contravention, be void.

(4) In the exercise of its powers under this section, Parliament may amend or repeal any of the provisions of this Order, or of any other Order of Her Majesty in Council in its application to the Island:

Provided that no Bill for the amendment or repeal of any of the provisions of this Order shall be presented for the Royal Assent unless it has endorsed on it a certificate under the hand of the Speaker that the number of votes cast in favour thereof in the House of Representatives amounted to not less than two-thirds of the whole number of Members of the House (including those not present).

Every certificate of the Speaker under this subsection shall be conclusive for all purposes and shall not be questioned in any court of law.

31.[fn10] (l) A Bill, other than a Money Bill, may be introduced in either Chamber. A Money Bill shall not be introduced in the Senate.

(2) In this section and in sections 33 and 34 of this Order, " Money Bill " means a Public Bill which contains only provisions dealing with all Or any of the following subjects, that is to say, the imposition, repeal, remission, alteration or regulation of taxation; the imposition for the payment of debt, expenses of administration or other financial purposes, of charges on the Consolidated Fund or on any other public funds or on moneys provided by Parliament, or the variation or repeal of any such charges; the grant of money to the Crown or to any authority or person, or the variation or revocation of any such grant; the appropriation, receipt, custody, investment, issue or audit of accounts of public money; the raising or guarantee of any loan or the repayment thereof, or the establishment, alteration, administration or abolition of any sinking fund provided in connexion with any such loan; or any subordinate matter incidental to any of the aforesaid subjects

In this subsection the expressions " taxation ", " debt ", " public fund ", " public money " and " loan " do not include any taxation imposed, debt incurred, fund or money provided or loan raised, by any local authority. 32. (1) A Bill shall not be deemed to have been passed by both Chambers unless it has been agreed to by both Chambers, either without amendment or with such amendments only as are agreed to by both Chambers.

(2) A Bill which has been passed by the Senate with any amendment which is subsequently rejected by the House of Representatives shall be deemed not to have been passed by the Senate.

33. (1) If a Money Bill, having been passed by the House of Representatives and sent to the Senate at -least one month before the end of the session, is not passed by the Senate within one month after it is so sent, the Bill may, notwithstanding that it has not been passed by the Senate, be presented to the Governor - General with or without any amendments which have been made by the Senate and agreed to by the House of Representatives, and shall take effect as an Act of Parliament on the Royal Assent thereto being signified.

(2) There shall be endorsed on every Money Bill when it is sent to the Senate and when it is presented to the Governor-General for Royal Assent a certificate under the hand of the Speaker that it is a Money Bill. Before giving his certificate the Speaker shall consult the Attorney-General or the Solicitor-General.

34. (1) If a Bill, other than a Money Bill, is passed by the House of Representatives in two successive sessions, whether of the same Parliament or not, and,

(a) having been sent to the Senate in the first of those sessions at least one month before the end of that session, is not passed by the Senate in that session, and

(b) having been sent to the Senate in the second of those sessions, is not passed by the Senate within one month after it has been so sent, or within six months after the commencement of that session, whichever is the later,

the Bill may, notwithstanding that it has not been passed by the Senate, be presented to the Governor General and shall take effect as an Act of Parliament on the Royal Assent thereto being signified.

(2) There shall be endorsed on every Bill, when it is presented to the Governor-General for the Royal Assent in pursuance of the provisions of subsection (1) of this section, a certificate under the hand of the Speaker that the provisions of subsection (1) have been complied with and that the Bill presented for the Royal Assent is identical with the Bill sent to -the Senate in the first of the two sessions in which it was passed by the House of Representatives. Before giving his certificate the Speaker shall consult the Attorney-General or the Solicitor-General.

(3) For the purposes of subsection (2) of this section, a Bill presented for the Royal Assent shall be deemed to be the same Bill as a former Bill sent to the Senate in the preceding session if, when it is sent to the Senate, it is identical with the former Bill or contains only such alterations as are certified by the Speaker to be necessary owing to the time which has elapsed since the date of the former Bill, or to represent any amendments which have been made by the Senate in the former Bill in the preceding session; and any amendments which are certified by the Speaker to have been made by the Senate in the second session and agreed to by the House of Representatives shall be inserted in the Bill as presented to the Governor-General in pursuance of this section: ;

Provided that the House of Representatives may, if they think kit, on the passage of such a Bill through the House in the second session, suggest any further amendments without inserting the amendments in the Bill, and any such suggested amendments shall be considered by the Senate, and, if agreed to, shall be treated as amendments made by the Senate and agreed to by the House of Representatives; but the exercise of this power by the House of Representatives shall not affect the operation of this section in the event of the rejection of the Bill by the Senate.

35. Every certificate of the Speaker under section 33 or section 34 of this Order shall be conclusive for all purposes and shall not be questioned in any court of law.

36. (1) No Bill shall become an Act of Parliament until Her Majesty has given Her consent thereto.

(2)[fn11] When a Bill has been passed by both Chambers or by the House of Representatives alone in accordance with the provisions of this Order' it shall be presented to the Governor-General, who may assent in Her Majesty's name, or refuse such assent.

38 [fn11] (1) In every Bill presented to the Governor General, other than a Bill presented under section 33 or section 34 of this Order, the words of enactment shall be as follows, that is to say:-

" Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Representatives of Ceylon in this present Parliament assembled, and by the authority of the same, as follows: - "

(2) In every Bill presented to the Governor-General under section 33 or section 34 of this Order, the words of enactment shall be as follows, that is to say:-

" Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the House of Representatives of Ceylon in this present Parliament assembled, in accordance with the provisions of section 33 (or section 34 as the case may be) of the Ceylon (Constitution) Order in Council, 1946, and by the authority of the same, as follows : ---"

(3) Any alteration in a Bill necessary to give effect to subsection (2) of this section shall not be deemed to be an amendment of the Bill.

39. (1) Any law which has been assented to by the Governor-General and which appears to Her Majesty's Government in the United Kingdom-

(a) to alter, to the injury of the stock-holder, any of the provisions relating to any Ceylon Government stock specified in the Second Schedule to this Order; or

(b) to involve a departure from the original contract in respect of any of the said stock,

may be disallowed by Her Majesty through a Secretary of State.

(2) The provisions of subsection (1) of this section shall also apply in relation to any Ceylon Government stock issued after the date upon which this Part of this Order comes into operation which, at the request of the Government of the Island' has been included in the list kept by the Treasury of the United Kingdom, in conformity with the provisions of section 2 of the Colonial Stock Act, 1900, of securities in which a trustee may invest.

(3) Wherever any such law has been disallowed by Her Majesty, the Governor-General shall cause notice of such disallowance to be published in the Gazette.

(4) Every law so disallowed shall cease to have effect as soon as notice of such disallowance shall be published as aforesaid; and thereupon any enactment repealed or amended by or in pursuance of the law disallowed shall have effect as if such law had not been made. Subject as aforesaid the provisions of section 6 of the Interpretation Ordinance shall apply.

PART IV - DELIMITATION OF ELECTORAL DISTRICTS

40. (1) Within one year after the completion of every general census of the Island following the general census of 1946, the Governor-General shall establish a Delimitation Commission.

(2) Every Delimitation Commission established under this section shall consist of three persons appointed by the Governor-General who shall select persons who he is satisfied are not actively engaged in politics. The Governor-General shall appoint one of such persons to be the Chairman.

(3) If any member of a Delimitation Commission shall die, or resign, or if the Governor-General shall be satisfied that any such member has become incapable of discharging his functions as such, the Governor-General shall, in accordance with the provisions of subsection (2) of this section, appoint another person in his place.

41. (1) Every Delimitation Commission established under section 40 of this Order shall divide each Province of the Island into a number of electoral districts ascertained as provided in subsection (2) of this section and shall assign names thereto.

(2) The total number of persons who, according to the last preceding general census, were for the time being resident in the Province shall be ascertained to the nearest 75,000. In respect of each 75,000 of this number the Delimitation Commission shall allot one electoral district to the Province and shall add a further number of electoral districts (based on the number of square miles in the Province at the rate of one additional electoral district for each 1,000 square miles of area calculated to the nearest 1,000) as follows:-

Western Province .. .. 1
Central Province .. .. 2
Southern Province .. .. 2
Northern Province .. .. 4
Eastern Province .. .. 4
North-Western Province .. 3
North-Central Province .. 4
Province of Uva .. .. 3
Province of Sabaragamuwa 2

(3) Subject to the provisions of subsections (4) and (5) of this section, each electoral district of a Province shall have as nearly as may be an equal number of persons .

Provided that' in dividing a Province into electoral districts' every Delimitation Commission shall have regard to the transport facilities of the Province, its physical features and the community or diversity of interest of its inhabitants.

(4) Where it appears to the Delimitation Commission that there is in any area of a Province a substantial concentration of persons united by a community of interest, whether racial, religious or otherwise, but differing in one or more of these respects from the majority of the inhabitants of that area, the Commission may make such division of the Province into electoral districts as may be necessary to render possible the representation of that interest. In making such division the Commission shall have due regard to the desirability of reducing to the minimum the disproportion in the number of persons resident in the several electoral districts of the Province.

(5) Notwithstanding anything in subsection (1) or this section, the Delimitation Commission shall have power to create in any Province one or more electoral districts returning two or more members:

Provided that in any such case the number of electoral districts for that Province, as ascertained in accordance with the provisions of subsection (2) of this section, shall be reduced so that the total number of Members to be returned for that Province shall not exceed the total number of electoral districts so ascertained.

42. In the event of a difference of opinion among the members of any Delimitation Commission, the opinion of the majority of the members thereof shall prevail and shall be deemed to be the decision of the Commission. Where each member of the Commission is of a different opinion the opinion of the Chairman shall be deemed to be the decision of the Commission.

43. The Chairman of every Delimitation Commission shall communicate the decisions of the Commission to the Governor-General who shall by Proclamation publish the names and boundaries of the electoral districts as decided by the Commission' and the number of Members to be returned by each such district; and the districts specified in the Proclamation for the time being in force shall be the electoral districts of the Island for all the purposes of this Order and of any law for the time being in force relating to the election of Members of the House of Representatives.

44. Any redivision of the Provinces of the Island into electoral districts, effected by any Delimitation Commission established under section 40 of this Order, and any alteration consequent upon such redivision in the total number of the Members of the House of Representatives shall, in respect of the election of Members thereof, come into operation at the next general election held after such redivision and not earlier.

44A.[fn12]The preceding provisions of this Part shall cease to be in operation.

PART V - THE EXECUTIVE

45. The executive power of the Island shall continue vested in Her Majesty and may be exercised, on behalf of Her Majesty, by the Governor-General in accordance with the provisions of this Order and of any other law for the time being in force.

46. (1) There shall be a Cabinet of Ministers who shall be appointed by the Governor-General and who shall be charged with the general direction and control of the government of the Island and who shall be collectively responsible to Parliament.

(2) Of the Ministers, one who shall be the head of the Cabinet, shall be styled the " Prime Minister "; of the other Ministers one shall be styled the " Minister of Justice " and another shall be styled the " Minister of Finance ".

(4)[fn13] The Prime Minister shall be in charge of the Ministry of Defence and External Affairs and shall administer the matters relating to that Ministry in addition to such other matters as he may determine to retain in his charge. Each Minister, other than the Prime Minister, shall be charged with the administration of such subjects and functions as may be assigned to him by the Prime Minister.

47. The Governor-General may appoint Parliamentary Secretaries to assist the Ministers in the exercise of their Parliamentary and departmental duties:

Provided that the number of Parliamentary Secretaries shall not at any time exceed the number of Ministers.

48. Not less than two Ministers' one of whom shall be the Minister of Justice, shall be Members of the Senate. If Parliamentary Secretaries are appointed in pursuance of the provisions of section 47 of this Order, not more than two of them shall be Members of the Senate.

49. (1) Every Minister and every Parliamentary Secretary shall hold office Her Majesty's pleasure:

Provided that any Minister or Parliamentary Secretary may at any time resign his office by writing under his hand addressed to the Governor-General.

(2) A Minister or Parliamentary Secretary who for any period of four consecutive months is not a Member of either Chamber shall, at the expiration of that period, cease to be a Minister or Parliamentary Secretary, as the case may be.

(3) Whenever a Minister or Parliamentary Secretary is, from any cause whatever, unable to perform any of the functions of his office, the Governor-General may appoint a person, whether or not he has already been appointed a Minister or Parliamentary Secretary, to act in the place of the said Minister or Parliamentary Secretary, as the case may be, either generally or in the performance of any particular function. For the purposes of this Order, a person so appointed shall be deemed to be a Minister or a Parliamentary Secretary, as the case may be, as long as his appointment shall subsist.

(4) A person appointed to be or to act as a Minister or Parliamentary Secretary shall, before entering on the duties of his office, take and subscribe before the Governor-General the official oath in accordance with the provisions of the Promissory Oaths Ordinance or shall make the appropriate affirmation in lieu thereof as provided in the said Ordinance.

50. There shall be a Secretary to the Cabinet who shall be appointed by the Governor-General. The Secretary to the Cabinet shall have charge of the Cabinet Office and shall, in accordance with such instructions as may be given to him by the Prime Minister' summon meetings of the Cabinet, arrange the business for, and keep the minutes of such meetings, and convey the decisions of the Cabinet to the appropriate person or authority.

51. (1) There shall be for each Ministry a Permanent Secretary who shall be appointed by the Ministries. Governor-General.

(2) Each Permanent Secretary shall, subject to the general direction and control of his Minister, exercise supervision over the department or departments of Government in the charge of his Minister.

(3) For the purpose of this section the department of the Auditor-General, the office of the Clerk to the Senate, the office of the Clerk to the House of Representatives and the Cabinet Office shall be deemed not to be departments of Government.

(4) The Governor-General may transfer any Permanent Secretary to any public office.


PART VI - THE JUDICATURE

52. (1) The Chief Justice and Puisne Judges of the Supreme Court and Commissioners of Assize shall be appointed by the Governor-General.

(2) Every Judge of the Supreme Court shall hold office during good behaviour and shall not be removable except by the Governor-General on an address of the Senate and the House of Representatives.

(3) The age for the retirement of Judges of the Supreme Court shall be sixty-two years:

Provided that the Governor-General may permit a Judge of the Supreme Court who has reached the age of sixty-two years to continue in office for a period not exceeding twelve months.

(4) The salaries of the Judges of the Supreme Court shall be determined by Parliament and shall be charged on the Consolidated Fund.

(5) Every Judge of the Supreme Court appointed before the date on which this Part of this Order comes into operation and in office on that date shall continue in office as if he had been appointed under this Part of this Order.

(6) The salary payable to any such Judge shall not be diminished during his term of office.

The Judicial Service Commission.

53. (1) There shall be a Judicial Service Commission which shall consist of the Chief Justice, who shall be the Chairman, a Judge of the Supreme Court, and one other person who shall be, or shall have been, a Judge of the Supreme Court. The members of the Commission, other than the Chairman, shall be appointed by the Governor-General.

(2) No person shall be appointed as, or shall remain, a member of the Judicial Service Commission, if he is a Senator or a Member of Parliament.

(3) Subject to the provisions of subsection (5) of this section, every member of the Judicial Service Commission, other than the Chairman, shall, unless he earlier resigns his office, or is removed therefrom as hereinafter provided, or being a Judge of the Supreme Court ceases so to be, hold office for a period of five years from the date of his appointment, and shall be eligible for reappointment.

(4) The Governor-General may for cause assigned remove any member of the Judicial Service Commission from his office.

(5) The Governor-General may grant leave from his duties to any member of the Judicial Service Commission, and may appoint a person qualified to be a member of the Judicial Service Commission to be a temporary member for the period of such leave.

(6) [fn14] Where a person is appointed to be a member of the Judicial Service Commission, he may be paid such salary or allowance as may be determined by Parliament. Any salary or allowance payable to such person shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

Secretary to Judicial Service Commission.

54. There shall be a Secretary to the Judicial Service Commission who shall be appointed by the Commission.

55. (1) The appointment, transfer, dismissal and disciplinary control of judicial officers is hereby vested in the Judicial Service Commission.

Appointment to other judicial office.

(2) Any judicial officer may resign his office by writing under his hand addressed to the Governor General.

(3) Every judicial officer appointed before the date on which this Part of this Order comes into operation and in office on that date shall continue in office as if he had been appointed under this Part of this Order.

(4) The Judicial Service Commission may, by Order published in the Gazette, delegate to the Secretary to the Commission the power to authorize all transfers, other than transfers involving increase of salary, or to make acting appointments in such cases and subject to such limitations as may be specified in the Order.

(5) In this section " appointment " includes an acting or temporary appointment and "judicial officer" means the holder of any judicial office but does not include a Judge of the Supreme Court or a Commissioner of Assize.

Interference with Judicial Service Commission.

56. Every person who, otherwise than in the course of his duty, directly or indirectly, by himself or by any other person, in any manner whatsoever, influences or attempts to influence any decision of the Judicial Service Commission or of any member thereof shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one thousand rupees or to imprisonment for a term not exceeding one year or to both such fine and such imprisonment:

Provided that nothing in this section shall prohibit any person from giving a certificate or testimonial to any applicant or candidate for any judicial office.

PART VII - THE PUBLIC SERVICE

Tenure of office in the public service.

57.  Save as otherwise provided in this Order, every person holding office under the Crown in respect of the Government of the Island shall hold office during Her Majesty's pleasure.

The Public Service Commission.

58. (1) There shall be a Public Service Commission which shall consist of three persons, appointed by the Governor-General, one at least of whom shall be a person who has not, at any time during the period of five years immediately preceding, held any public office or judicial office. The Governor-General shall nominate one of the members of the Commission to be the Chairman.

(2) No person shall be appointed as, or shall remain, a member of the Public Service Commission if he is a Senator or a Member of Parliament.

(3) Every person who, immediately before his appointment as a member of the Public Service Commission, is a public officer shall, when such appointment takes effect, cease to hold any paid office previously held by him as a servant of the Crown in respect of the Government of the Island, and shall accordingly cease to be a public officer for the purposes of this Order ; and he shall be ineligible for further appointment as a public officer :

Provided that any such person shall, until he ceases to be a member of the Public Service Commission or, while continuing to be such a member, attains the age at which he would, if he were a public officer, be required to retire, be deemed to hold a pensionable office in the service of the Crown in respect of the Government of the Island for the purposes of any written law relating to the grant of pensions, gratuities or other allowances in respect of such service.

(4) Subject to the provisions of subsection (6) of this section, every person who is appointed to be a member of the Public Service Commission shall, unless he earlier resigns his office or is removed therefrom, hold office for a period of five years from the date of his appointment and shall be eligible for reappointment.

(5) The Governor-General may for cause assigned remove any member of the Public Service Commission from his office

(6) The Governor-General may grant leave from his duties to any member of the Public Service Commission, and may appoint a person qualified to be a member of the Public Service Commission to be a temporary member for the period of such leave.

(7) A member of the Public Service Commission may be paid such salary as may be determined by Parliament. The salary payable to any such member shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(8) For the purposes of Chapter IX of the Penal Code, a member of the Public Service Commission shall be deemed to be a public servant.

Secretary to the Public Service Commission.

59. There shall be a Secretary to the Public Service Commission who shall be appointed by the Commission.

Appointments in the public service.

60. (1) The appointment, transfer, dismissal and disciplinary control of public officers is hereby vested in the Public Service Commission:

Provided that appointments and' transfers to the office of Attorney-General shall be made by the GovernorGeneral.

(2) In subsection (1) of this section the expression "transfer" means a transfer involving an increase of salary.

61. The Public Service Commission may, by Order published in the Gazette, delegate to any public officer, subject to such conditions as may be specified in the Order, any of the powers vested in the Commission by subsection (1) of section 60. Any person dissatisfied with any decision made by any public officer under any power delegated as aforesaid may appeal therefrom to the Commission and the decision of the Commission on such appeal shall be final.

Interference with Public Service Commission.

62. The provisions of section 56 of this Order shall apply in relation to the Public Service Commission as though the reference therein to the Judicial Service Commission were a reference to the Public Service Commission and the reference to judicial office were a reference to public office.

Retirement on pension of persons holding office at the appointed day.

63. (1) Any officer holding office in the public service on the day immediately preceding the day appointed by His Majesty by Order in Council as the appointed day for the purposes of the Ceylon Independence Act, 1947,[fn15] being an officer

(a) who, at any time before the 17th day of July, 1928, was appointed or selected for appointment to a public office, appointment to which was subject to the approval of a Secretary of State, or who, at any time before that day, had' entered into an agreement with the Crown Agents for the Colonies to serve in any public office for a specified period ; or

(b) who, on or after the 17th day of July, 1928, was appointed or selected for appointment (otherwise than on agreement for a specified period) to a public office, appointment to which was subject to the approval of a Secretary of State; or

(c) who, on or after the 17th day of July, 1928, had entered into an agreement with the Crown Agents for the Colonies to serve for a specified period in a public office, appointment to which was not subject to the approval of a Secretary of State, and who, on the day appointed as aforesaid, either has been confirmed in a permanent and pensionable office or is a European member of the Ceylon Police Force,

may, if he elects to retire from the public service in accordance with the provisions of subsection (2) of this section, be granted a pension or gratuity in accordance with and subject to the provisions of Article 88 of the Ceylon (State Council) Order in Council, 1931, and the regulations made thereunder, notwithstanding the revocation of that Order by section 91 of this Order ; and those provisions shall apply accordingly subject to any proclamation made under section 88 of this Order.

(2) Election to retire for the purposes of subsection (i) of this section may be exercised

(a) in the case of an officer to whom paragraph (a) of that subsection applies, at any time after this Part of this Order comes into operation ;

(b) in the case of an officer to whom either paragraph (b), or paragraph (c) of that subsection applies, at any time within two years after the day appointed as aforesaid.

(3) In this section the expression " public office " shall, notwithstanding the provisions of section 3, include a judicial office.

Preservation of pensions, &c.

64. (1) All pensions, gratuities, or other like allowances which have been, or which may be, granted to any persons who have been, and have ceased to be, in the service of the Crown in respect of the Government of the Island at any time before the date on which this Part of this Order comes into operation or to the widows, children or dependants of such persons, shall be governed by the written law under which they were granted, or, if granted after that date, by the written law in force on that date, or, in either case, by any written law made thereafter which is not less favourable.

(2) Subject to the provisions of section 63 of this Order all pensions, gratuities and other like allowances which may be granted to persons who, on the date on which this Part of this Order comes into operation, are in the service of the Crown in respect of the Government of the Island, or to the widows, children or dependants of such persons, shall be governed by the written law in force on that date or by any written law made thereafter which is not less favourable.

Pensions, &c., charged on the Consolidated Fund.

65. All pensions and gratuities granted in accordance with the provisions of this Order shall be charged on the Consolidated Fund.

PART VIII - FINANCE

The Consolidated Fund

66, (1) The funds of the Island not allocated by law to specific purposes shall form one Consolidated Fund into which shall be paid the produce of all taxes, imposts, rates and duties and all other revenues of the Island not allocated to specific purposes.

(2) The interest on the public debt, sinking fund payments, the costs, charges and expenses incidental to the collection, management and receipt of the Consolidated Fund and such other expenditure as Parliament may determine shall be charged on the Consolidated Fund.

Withdrawal of sums from the Consolidated Fund.

67, (1) Save as otherwise expressly provided in subsection (3) of this section, no sum shall be withdrawn from the Consolidated Fund except under the authority of a warrant under the hand of the Minister of Finance.

(2) No such warrant shall be issued unless the sum has by resolution of the House of Representatives or by any law been granted for specified public services for the financial year during which the withdrawal is to take place or is otherwise lawfully charged on the Consolidated Fund.

(3) Where the Governor-General dissolves Parliament before the Appropriation Bill for the financial year has received the Royal Assent, he may, unless Parliament shall have already made provision, authorize the issue from the Consolidated Fund and the expenditure of such sums as he may consider necessary for the public services until the expiry of a period of three months from the date on which the new House of Representatives is summoned to meet.

Contingencies Fund.

68. (1) Notwithstanding any of the provisions of section 66 of this Order, Parliament may by law create a Contingencies Fund for the purpose of providing for urgent and unforeseen expenditure.

(2) The Minister of Finance, if satisfied

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

(b) that no provision for such expenditure exists,

may, with the consent of the Prime Minister, authorize provision to be made therefor by an advance from the Contingencies Fund.

(3) As soon as possible after every such advance, a Supplementary Estimate shall be presented to Parliament for the purpose of replacing the amount so advanced.

Special provisions as to Bills, &c., affecting public revenues

69. No Bill or motion, authorizing the disposal of, or the imposition of charges upon, the Consolidated Fund or other funds of the Island, or the imposition of any tax or the repeal, augmentation or reduction of any tax for the time being in force shall be introduced in the House of Representatives except by a Minister, nor unless such Bill or motion has been approved either by the Cabinet or in such manner as the Cabinet may authorize.

The AuditorGeneral.

70. (1) There shall be an Auditor-General who shall be appointed by the Governor-General and who shall hold office during good behaviour.

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

(3) The office of Auditor-General shall become vacant

(a) by his death ; or

(b) by his attaining the age of fifty-five years or such higher age as the Governor-General may determine; or

(c) by his resignation in writing addressed to the Governor-General; or

(d) by his removal by the Governor-General on account of ill health or physical or mental infirmity in the like circumstances and sub ject to the same conditions as a public officer in receipt of similar pensionable emoluments ; or

(e) by his removal by the Governor-General upon an address from the Senate and the House of Representatives praying for his removal.

Audit of accounts

71. (1) The accounts of all departments of Government, including the offices of the Cabinet, the Clerk to the Senate, the Clerk to the House of Representatives, the Judicial Service Commission and the Public Service Commission shall be audited by the AuditorGeneral who, with his deputies, shall at all times be entitled to have access to all books, records, or returns relating to such accounts.

(2) The Auditor-General shall report annually to the House of Representatives on the exercise of his functions under this Order.

PART IX - TRANSITIONAL PROVISIONS, REPEALS AND SAVINGS

Regulations for election of Senators.

72, The Governor shall, before the first election of Senators in accordance with the provisions of section 9 of this Order, make regulations prescribing the method of voting and of transferring and counting votes in any election of Senators ; and such regulations shall have effect as if enacted in this Order until Parliament shall otherwise provide.

Term of office of first Senators.

73. For the purpose of securing that one-third of the Senators shall retire every second year, at the first meeting of the Senate under this Order, the Senate shall by lot divide the Senators into three classes, each class consisting of five elected Senators and five appointed Senators; and the term of office of the Senators of the first class shall terminate at the expiry of a period of two years, the term of office of the Senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the Senators of the third class shall terminate at the expiry of a period of six years, from the date of election or appointment, as the case may be. For the purposes of this section, appointed Senators shall be deemed to have been appointed on the day on which elected Senators are elected.

Number of Members in first House of Representatives.

74, Notwithstanding anything in section 11 of this Order, the first House of Representatives shall consist of one hundred and one Members, ninety-five of whom shall be elected in accordance with the law in force relating to the election of Members of Parliament, and six of whom shall be appointed by the Governor.

Remuneration of Members of first House of Representatives.

75. Until Parliament otherwise provides, the remuneration and allowances payable to Members of the first House of Representatives, including the Speaker, the Deputy Speaker and the Deputy Chairman of Committees, shall be the same as the remuneration and allowances paid to the Members of the State Council and the aforesaid officers thereof.

First register of electors.

77.[fn16] As soon as may be after the publication of the first Proclamation under section 43 of this Order, a register of electors shall be prepared for each electoral district in accordance with the law then in force relating to the election of Members of Parliament.

First standing orders of the Senate and House of Representatives.

81. [fn16] The first standing orders of the Senate and of the House of Representatives shall be made by the Governor. Any standing order made by the Governor may be amended or revoked by the Chamber for which that order is made.

First Clerks of Senate and House of Representatives and Parliamentary staff.

82.[fn16] (2) The person holding the office of Clerk of the State Council and the persons on the staff of the State Council on the date immediately preceding the date on which Part III of this Order comes into operation shall, on that date, be transferred to the sorvice of the House of Representatives and shall be deemed to have been appointed respectively as Clerk to the House of Representatives and as members of his staff under section 28 of this Order. The persons referred to in this subsection shall, until Parliament otherwise provides, hold their appointments on as nearly as may be the same terms and conditions as those on which they were employed under the State Council.

84.[fn16](3) If any person ceasing to hold office under the provisions of this section, having held such office on the 9th day of October, 1945, is not transferred to any public service outside the Island and is granted a pension or gratuity in respect of service under the Government of the Island, his case shall be treated in the computation of such pension or gratuity as if he had elected to retire under the provisions of subsection (2) of section 63 on the day upon which he ceased to hold office under the provisions of this section.

Construction of written law.

89.[fn17] Subject to the provisions of any Proclamation made under section 88 of this Order

(a) every reference in any written law in force on the date of the first meeting of the House of Representatives under this Order to the Legislative Council or to the State Council shall, on and after that date and until Parliament otherwise provides, be read and construed as a reference to the House of Representatives ;

(b) every reference in any written law aforesaid to an Officer of State, a Minister or an Executive Committee shall, on and after the date of the first meeting of the House of Representatives under this Order and until Parliament otherwise provides, be read and construed as a reference to the Minister or other authority to whom the particular power, authority or function is assigned under this Order.

Power of Parliament to legislate on matters referred to in sections 88 and 89 of this Order.

90. Nothing contained in sections 88 and 89 of this Order shall affect the passing by Parliament of any law relating to the vesting or the exercise of any of the powers, authorities or functions to which those sections refer.

Revocation

91.* The existing Orders in Council shall be revoked on the date on which Part III of this Order comes into operation:

Provided that the preceding provisions of this section shall not prejudice or affect

(a) anything lawfully done under any of the Orders aforesaid or the continuance of any legal proceeding begun before the date aforesaid ;

(b) the continued operation of any law in force in the Island immediately before the date aforesaid.
 

[Sections 3 FIRST SCHEDULE and 91.]

The Ceylon (State Council) Order in Council, 1931.
The Ceylon (State Council) Amendment Order in Council, 1934.
The Ceylon (State Council) Amendment Order in Council, 1935.
The Ceylon (State Council) Amendment Order in Council, 1937.
The Ceylon (State Council) Amendment Order in Council, 1939.
The Ceylon (State Council) Amendment Order in Council, 1943.

[Section 39.] SECOND SCHEDULE

Ceylon Government 5 per cent. Inscribed Stock (1960-70).
Ceylon Government 4 1/2 per cent. Inscribed Stock (1965).
Ceylon Government 3 1/2 per cent. Inscribed Stock (1954-59).
Ceylon Government 3 1/4 per cent. Inscribed Stock (1959).
Ceylon Government 3 per cent. Inscribed Stock (1959-64).

FOOTNOTES

[fn1] 17th May, 1946. - Gazette No. 9554 of 17th May, 1946.

[fn2] 5th July, 1947. - Gazette No. 9,728 of 2nd July, 1947.

[fn3] 1st September, 1947.- Gazette No. 9,757 of 1st September,1947

[fn4] 14th October, 1947.

[fn5] This provision shall cease to be in force on a date in 1966 to be appointed by the Governor-General by Order published in the Gazette. See section 2 of the Indian and Pakistani (Parliamentary Representation) Act.

[fn6] Subsections (1) and (2) of section 11 shall cease to be in force on a date in 1966 to be appointed by the Governor-General by Order published in the Gazette, and the following provisions shall come into operation in place of sections 11 (1) and 11 (2) on such date:-

" (1) Subject to the provisions of section 74 of this Order, the House of Representatives shall consist of the Members elected by the electors of the several electoral districts constituted in accordance with the provisions of this Order, and the Members, if any, appointed by the Governor-General under subsection (2) of this section.

(2) Where after any general election the Governor-General is satisfied that any important interest in the Island is not represented or is inadequately represented, he may appoint any persons not exceeding six in number, to be Members of the House of Representatives. "-See sections 2 and 6 of the Ceylon Constitution (Special Provisions) Act.

[fn7] Subsection (4) is revoked. - See the Ceylon Independence Order in Council, 1947.

[fn8] Section 11A shall cease to be in force on a date in 1966 to be appointed by the Governor-General by Order published m the Gazette. - See section 2 of the Indian and Pakistani (Parliamentary Representation) Act.

[fn9] Subsections (3) and (4) of section 24 shall cease to be in force on a date in 1966 to be appointed by the Governor General by Order published in the Gazette. - See section 2 of the Indian and Pakistani (Parliamentary Representation) Act.

[fn10] Section 30 is revoked. - See the Ceylon Independence Order in Council 1947.

[fn11] Section 36 (3) and section 37 are revoked. - See the Ceylon Independence Order in Council, 1947.

[fn12] Section 44A shall cease to be in force on a date in 1966 to be appointed by the Governor-General by Order published in the Gazette, and the remaining sections of Part IV shall come into operation on such date. - See sections 2 and 6 of the Ceylon Constitution (Special Provisions) Act.

[fn13] Subsection (3) of section 46 is revoked. - See the Ceylon Independence Order in Council, 1947.

[fn14] Subsection (7) of section 53 is revoked.-See the Ceylon Independence Order in Council, 1947.

[fn15]4th February, 1948, fixed by the Ceylon Independence (Commencement) Order in Council, 1947.

[fn16] Sections 76, 78, 79, 80, 82 (1), 83, and 84 (1) and (2) are revoked.-See the Ceylon Independence Order in Council, 1947.

[fn17]Sections 85, 86, 87, 88, and paragraphs (c), (d), (e), and ( f ) of the proviso to section 91, and section 92 are revoked. See the Ceylon Independence Order in Council, 1947.
 

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