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As enacted

Act of Parliament

Defence Services Command and Staff College (Amendment) Act 2012

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

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Defence Services

Command and Staff College (Amendment) Act, No. 13 of 2012.

s 2Amendment of section 17 of the Act, No. 5 of 2008

Section 17 of the Defence Services Command and

Staff College Act, No. 5 of 2008 (hereinafter referred to as the “principal enactment”) is hereby amended as follows:—

(1)

by the repeal of subsections (3) and (4) of that section;

(2)

by the re-numbering of subsections (5) and (6) as subsections (3) and (4); and

(3)

by the substitution for the marginal note to that section of the following:—

“Code of Discipline and its application.”.

s 3Insertion of new section 17A in the principal enactment

The following section is hereby inserted immediately after section 17 of the principal enactment and shall have effect as section 17A of that enactment:—

17A. (1) The disciplinary control of the permanent staff of the Staff College shall be exercised by the Commandant of the Staff

College or any other officer of the Staff College authorized in that behalf by the Commandant.

(2)

The disciplinary control of the civilian staff of the Staff College shall be exercised by

“Disciplinary control of the permanent staff and civilian staff of the Staff

College.

the Commandant of the Staff College, in accordance with the procedure to be specified by rules made by the Board.

(3)

There shall be a Civil Administrative

Officer who shall be appointed in accordance with such procedures as shall be applicable to appointments in the public service. The appointment of such person shall be for a period of five years. The Civil Administrative Officer shall be responsible to the Commandant for the due administration of the civilian staff.”.

s 4Amendment of section 21 of the principal enactment

Section 21 of the principal enactment is hereby amended by the repeal of subsection (2) of that section, and the substitution therefor, of the following subsection:—

“(2) The Board shall appoint a qualified auditor who shall be a person belonging to the Accountants Service of Sri Lanka and shall be responsible to the Commandant for the audit of accounts of the Staff College. The provisions of Article 154 of the Constitution relating to the audit of accounts of public corporations shall apply to the audit of accounts of the Staff College.”.

s 5Amendment of section 22 of the principal enactment

Section 22 of the principal enactment is hereby amended by the repeal of subsection (2) of that section and the substitution therefor, of the following subsection:—

“(2) The Accountant of the Staff College shall be appointed by the Board and such Accountant shall belong to the Accountants Service of Sri Lanka. The

Accountant shall be responsible to the Commandant for the preparation of estimates and of all financial matters relating to the administration of the Staff

College.”.

s 6Insertion of section 25A in the principal enactment

The following section is hereby inserted immediately after section 25, of the principal enactment and shall have effect as section 25A of that enactment:—

25A. (1) At the request of the Board, any officer in the public service may with the consent of that officer and the Chairman of the

Public Service Commission, be temporarily appointed to the staff of the Staff College for such period as may be determined by the

Council, or with like consent, be permanently appointed to such staff.

(2)

Where any officer in public service is temporarily appointed to the staff of the Staff

College, the provisions of subsection (2) of section 14 of the National Transport

Commission Act, No. 37 of 1991 shall mutatis mutandis apply to, and in relation to such officer.

(3)

Where any officer in public service is permanently appointed to the staff of the Staff

College, the provisions of subsection (3) of section 14 of the National Transport

Commission Act, No. 37 of 1991 shall, mutatis mutandis apply to, and in relation to such officer.

(4)

Where Staff College employs an person who has entered into a contract with the

Government by which he has agreed to serve the Government for a specific period, any period of service to the Staff College by that person shall be regarded as service to the

Government for the purpose of discharging the obligations of that person under such contract.

“Appointment of Public

Officers to the civilian staff of the

Staff College.

(5)

At the request of the Board, a member of the Local Government Service or any officer of any Local Authority may with the consent of that member, officer or employee be temporarily appointed to the staff of the Staff

College for such period as may be determined by the Staff College, or with like consent be permanently appointed to such staff on such terms and conditions including those relating to pension or provident fund rights as may be agreed upon by the Staff College and the Local

Government Service Advisory Board or the

Local Authority, as the case may be.

(6)

Where a person is temporarily appointed to the staff on the Staff College under subsection (5) of this section, that person shall be subject to the same disciplinary control as any other member of the staff.”.

s 7Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.