National Audit Act 2018 · As enacted · Part IX · General
54. Transitional provisions
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
The Auditor General’s Department shall cease to be in operation from the date of operation of this Act.
Notwithstanding the provision of subsection (1),—
all moneys lying to the credit of the Auditor-General’s Department on the day immediately preceding the date of operation of this Act, shall stand transferred with effect from that date to the
Audit Office established under this Act;
all property and other rights over movable or immovable owned by the Auditor-General’s
Department and used for the purposes of the
Department on the day immediately preceding the date of operation of this Act shall vest in the
Audit Office with effect from that date;
all debts, obligations and liabilities of the
Auditor-General’s Department subsisting on the day immediately preceding the date of operation of this Act shall be deemed to be debts, obligations and liabilities of the Audit Office with effect from that date;
all contracts and agreements entered into for the purposes of the Auditor-General’s Department and subsisting on the day immediately preceding the date of operation of this Act shall be contracts and agreements entered into by the
Audit Office deemed with effect from that date;
all actions and proceedings instituted by or against the Auditor-General’s Department and pending on the day immediately preceding the date of operation of this Act shall be deemed with effect from the date of operation of this Act to be actions and proceedings instituted by or against the Audit Office;
all decrees and orders entered or made by any competent court in favour of or against the
Auditor-General’s Department which remain unsatisfied on the day preceding the date of operation of this Act shall with effect from that date be deemed to have been entered or made in favour of or against the Audit Office and may be enforced accordingly;
every rule in force on the day immediately preceding the date of operation of this Act and which are not inconsistent with the provisions of this Act shall be deemed to be a rule made under this Act;
all audits that are pending shall be continued by the Auditor-General under this Act.
Where an Internal Auditor is not appointed to an auditee entity, the internal auditors function as carried out immediately before the date of operation of this Act shall continue until such appointment.
Members of the Sri Lanka State Audit Service and the
Audit Examiners’ Service employed in the Auditor General’s
Department immediately before the establishment of the
National Audit Office shall be deemed to be employees of the National Audit Office and shall be employed under the same terms and conditions as may be applicable to that employee immediately before that date.
The offer of employment to all officers and staff of the
Auditor General’s Department on the day immediately preceding the date of operation of this Act, shall be as follows:—
The Commission shall, within three months of the date of operation of this Act, offer all members of the
Sri Lanka Audit Service and the Audit Examiners’
Service serving on the date immediately prior to the date of operation of this Act in the Auditor-General’s
Department, employment in the Audit Office on such terms and conditions of employment as are not less favourable than were applicable to them on the date on which the offer is made;
The offer made by the Commission under paragraph (a) shall be open until the expiry of a period of two months from the date on which the offer was made, and any member of the Sri Lanka Audit Service and the Audit Examiners’ Service serving on the date immediately prior to the date of operation of this Act in the Auditor-General’s Department, who opts to join the Audit Office shall become a member of the
Sri Lanka State Audit Service;
Where a member of the Sri Lanka Audit Service and the Audit Examiners’ Service serving on the date immediately prior to the date of operation of this Act or an Non-Audit Staff member recruited by the
Auditor-General’s Department and employed in the
Auditor-General’s Department on the date immediately prior to the date of operation of this
Act, becomes an employee of the Audit Office, his period of employment in the public service as an employee of the Auditor-General’s Department shall be counted as a period of employment as a member of the Sri Lanka State Audit Service and the change in his status of employment shall not break the continuity of his period of employment in the public service;
Any member of the Sri Lanka Audit Service and the
Audit Examiners’ Service serving on the date immediately prior to the date of operation of this Act in the Auditor-General’s Department or any Non-Audit Staff member of the Auditor General’s
Department who does not opt to serve the Audit Office may retire under the provisions of the Minutes on
Pensions. Until the Commission formulates its procedural rules relating to appointment, promotions and transfer, the procedural rules formulated and published in Gazette Extraordinary No.1589/3 on
February 20, 2009 by the Public Service Commission shall mutatis mutandis be applied to the members of the Staff of the National Audit Office;
A member of the Combined Services or any other
Service employed in the Audit Office shall remain in the Audit Office subject to the terms and conditions of the Service Minutes of the respective Combined
Services;
A member of a Combined Services employed in the
Auditor-General’s Department on the date immediately prior to the date of operation of this Act shall have the option to serve the Audit Office or to be transferred out of the Audit Office, subject to the terms and conditions of the respective Combined
Service Minutes;
The Officers who have been directly recruited by the
Auditor General and serve in the Auditor General’s
Department at the time of operation of this Act who opt to remain as the Non-Audit Officers in the Audit Office within the Department Service shall be distinctly separate from the Sri Lanka State Audit Service.