36. Avoidance of doubts

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

For the avoidance of doubts it is hereby declared that:—

(1)

the members of the Judicial Service Commission established under Article IIID of the Constitution and holding office on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, continue to hold office as such members and to exercise and discharge the powers and functions vested in the

Commission under the Constitution.

(2)

the Chief Justice and the other Judges of the

Supreme Court and the President and the other

Judges of the Court of Appeal and the Judges of the

High Court holding office on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, continue to hold office and exercise and discharge the powers and functions vested in them under the

Constitution.

(3)

the persons holding office as the Secretary of the

Judicial Service Commission, the Attorney-General, the Auditor-General, the Inspector-General of

Police, the Parliamentary Commissioner for

Administration (Ombudsman) and the Secretary-General of Parliament holding office on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, continue to hold office and exercise and discharge the powers and functions vested in them under the

Constitution.

(4)

the person holding office as the Commissioner of

Elections on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, continue to hold office and exercise and discharge the powers and functions vested in him under the Constitution as

Commissioner of Elections until the Election

Commission is constituted in terms of Article 103

and from and after the date of the constitution of the Election Commission, cease to hold office as the Commissioner of Elections:

Provided that the President may, if he considers it expedient to do so or if the exigencies of a situation so requires it, at any time prior to the constitution of the Election Commission, appoint to the office of Commissioner of Elections, a person holding office as an Additional Commissioner of

Elections or a Deputy Commissioner of Elections to discharge the functions presently conferred on the Commission by the Constitution.

(5)

all matters pertaining to the appointment, promotion, transfer, disciplinary control and dismissal of Police Officers pending before the

National Police Commission established under

Chapter XVIIIA of the Constitution on the date prior to the commencement of this Act, shall from and after the date of the commencement of this Act, be vested in the Public Service Commission and any appeal made by a police officer pending before the National Police Commission on the date prior to the commencement of this Act, shall, from and after the date of the commencement of this Act, stand transferred to the Public Service Commission and shall be heard and completed accordingly.

(6)

all appointments made in respect of the

Commissions and officers described in the foregoing sections of this Act, by the Constitutional

Council prior to its repeal during the period commencing on the day on which the term of the aforesaid Council expired and the date of the coming into operation of this Act, shall be deemed to be valid and effectual.

(7)

the staff of the Public Service Commission shall be members of the public service and be subject to the rules as are applicable to a public officer in relation to the rank of such officer.

(8)

from and after the appointment of the Election

Commission in terms of the Constitution, the

Department of Elections shall be deemed to be the staff of such Commission for the purposes of Chapter

XIVA of the Constitution and shall whenever it is so required for the duration of an election or a referendum, perform the functions of a Secretariat.

Read on from s 37