As enacted

Contents

2. Replacement of section 2 of Act…

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

Section 2 of the Mediation Board Act, No. 72 of 1988

(hereinafter referred to as the principal enactment) is hereby repealed and the following new section substituted therefor:-

(1)

The President shall appoint a

Commission consisting of five persons

(hereinafter referred to as the “Commission”), two of whom shall be from among persons who have held judicial office in the Supreme Court or the Court of Appeal or the High Court established by Article 154P of the Constitution and three of whom shall be from among persons who –

(a)

have not less than fifteen years of professional experience as

Attorneys-at-law ;

(b)

have held posts of Class 1 officers in the Sri Lanka Administrative

Service or in an All Island Service;

(c)

are retired staff officers in the Public

Service; or

(d)

have held managerial level offices in the private sector possessing professional qualifications and experience in mediation or any other alternate dispute resolution process:

"Appointment of Commission

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Provided however, in appointing members to the Commission the President shall ensure that the membership of the Commission shall reflect the pluralistic character of Sri Lankan society.

(2)

No person who has reached the age of seventy years as at the date of appointment shall be appointed to the Commission.

(3)

The President shall nominate as

Chairman of the Commission one of the members who has held judicial office as referred to in subsection (1).

(4)

The Chairman and Commissioners shall hold office for a period of three years unless any one of them earlier dies, resigns or is removed from office:

Provided however, that, if at the expiration of the period of office of the Chairman or the

Commissioners the new members of the

Commission have not been appointed, the

Chairman and Commissioners holding office on the day immediately prior to such expiration, shall continue in office until the new members are appointed.

(5)

The Chairman or any Commissioner vacating office upon the expiration of his term of office shall be eligible for re-appointment subject to subsection (2).

(6)

(a) The Chairman or any Commissioner may resign from office by letter addressed to the President.

(b)

The Chairman or any Commissioner who is absent without reasonable cause for three consecutive meetings of the Commission, the

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Commission may by resolution of such

Commission at a meeting endorsed by the

President of which due notice has been given to such Chairman or Commissioner, be removed from office.

(c)

The President may without assigning a reason remove the Chairman or any

Commissioner from office.

(7)

The Chairman or any Commissioner who has resigned or has been removed from office shall not be eligible for re-appointment.

(8)

(a) Where any vacancy arises in the

Commission, by reason of death, resignation or removal of the Chairman or any

Commissioner, the President shall fill such vacancy having regard to the provisions of subsections (1), (2) and (3).

(b)

Any person appointed to fill a vacancy arising from the death, resignation or removal of the Chairman or any Commissioner, shall hold office for the unexpired period of the term of office of his predecessor.

(9)

Where a Commissioner becomes, by reason of illness or other infirmity or absence from Sri Lanka temporarily unable to perform the duties of his office, the President may appoint a fit person to act in his place for the period of such incapacity or absence, and where the Commissioner who is so incapacitated or absent from Sri Lanka is the

Chairman of the Commission, the President shall appoint the other Commissioner who has held judicial office as referred to in subsection (1), to act in his place until the resumption of duties by the Chairman of the Commission.

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(10)

The Chairman and the Commissioners shall be remunerated in such manner and at such rates as may be determined by the

Minister with the concurrence of the Minister assigned the subject of Finance.

(11)

Three members of the Commission including a member who has held judicial office as referred to in subsection (1) shall constitute the quorum for any meeting of the

Commission and the Chairman or in the absence of the Chairman, the other

Commissioner who has held judicial office as referred to in subsection (1), elected at the meeting from among themselves shall preside at such meetings of the Commission. The

Commission may regulate its own procedure in regard to meetings of such Commission and the transaction of business at such meetings.

(12)

No act or proceeding of the

Commission shall be deemed invalid by reason only of any defect in the appointment of the

Chairman or any Commissioner.”.

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