2. Amendment of section 2 of Chapter 393

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section'.! of the Commisŉions of Inquiry Act, (Chapter

· 393) (hereinafier referred lo as '"the principal enactment") is

. hereby amended as follows :-

(I)

in subsection (I) thereof, by the substitution for the words ·•an inquiry" of the words "an investigation or inquiry or both where appropriate" ;

(2)

by the repeal of paragraphs (a).(/,) and (c) of subsection (1) thereof, and the substitution rherefor of the following :-

. "(a) thC: administr:1tion, management and functions of any department of Government. any statutory body. any public or local authority or any other instirution ; or

(b)

the conduct of any public officer, an employee of a statutory body. any public or local authority or any instirution·; or

(c)

any m.attcr or incident in respect of which an investigation or inquiry or both an investigation and inquiry, as the case may be, will in his opinion, be in the national interest or ti.)r public safety or wellbeing.";

(3)

in subsection t 1) thereof, by the substitution for the words "to inquire into and report upon such administration, conduct or matter." of the words "to 2-PL 002601--4.250 (11/2007!

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investigate or inquire or to both investigate and inquire, as the case may be, and report .upon such administration, management, functions, conduct, matter or incident ;

(4)

by the addition immediately after subsection (2)

·' · ' thereof. of the following subsections :-

.. "(3) A member of the Commission appointed by

· Warrant issued under subsection (1) shall be removed, only-if the President is satisfied that such

· -· member:-

. (a) has abused or misused his office as a inember

... ; or has abused or misused the powers confe1Ted on him under this Act or by the Warrant appointing the Commission ;

(b)

has engaged in bribe(y or corruption ; or

(c)

is suffering from mental or physical infirmity.

(4)

Upon the removal of a member in terms of

· subsection (3) the President shall forthwith report such fact to Parliament stating therein the reasons for the removal of such member.

.'·:·

·, , (5) Where the Commission consists of more than one member, not less than one half of the total number of members-present, (which shall include the Chairman of the Commission) may, hot,vithstandinf, any vacancy in the membership of the Commission, exercise· the powers of the

.. -· Commission under this Act.

··(6) The reports of the Commission shall contain the views of all the members of the Commis¼on, including dissenting views if any and such reports

. shall be signed by all the members save and except

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where a member of the Commission dies, resigns,

, desires to be discharged, refuses or becomes unable to act as a member of the Commission or to place his signature in such report.".

Read on from s 3