As enacted

Contents

9. Insertion of new sections 21A, 21B, 21C, 21D, 21E and 21F in the principal enactment

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

The following new sections are hereby inserted immediately after section 21 of the principal enactment and shall have effect as sections 21A, 21B, 21C, 21D, 21E and 21F of that enactment:-

21A. A person shall be disqualified from being appointed as a member or continuing as a member of the Surcharge Review Committee, if -

(a)

he is or becomes, a member of Parliament, a member of any Provincial Council or a member of a Local Authority;

(b)

he is not, or ceases to be, a citizen of

Sri Lanka;

(c)

he is under any law in force in Sri Lanka or in any other country, found or declared to be of unsound mind;

(d)

he is an undischarged insolvent or bankrupt; having been declared insolvent or bankrupt under any law in Sri Lanka or in any other country;

“Disqualifi-cations from being a member of the

Surcharge

Review

Committee

(e)

he is serving or has served a sentence of imprisonment imposed by any court in

Sri Lanka or in any other country; or

(f)

he has any financial or other interests as is likely to affect the discharge by him of his functions as a member of the

Surcharge Review Committee.

21B.

Term of office of members of the Surcharge Review Committee

Every member of the Surcharge Review

Committee shall, unless he vacates office earlier by resignation, death or removal, hold office for a period of three years from the date of his appointment and unless he is removed from office, be eligible for reappointment for not more than one further term, whether consecutive or otherwise:

Provided however, that, if at the expiration of the period of office of the Chairman and the members of the Surcharge Review Committee, the new members of the Surcharge Review

Committee have not been appointed under the provisions of section 21, the Chairman and members of the Surcharge Review Committee holding office on the day immediately prior to such expiration, shall continue in office until the new members are appointed.

21C.

Vacation of office of members of the Surcharge Review Committee

(1)

Any member of the Surcharge

Review Committee may, at any time, resign from his office by a letter to that effect, addressed to the President, and such resignation shall be effective from the date on which it is accepted by the President in writing.

(2)

Where a member of the Surcharge Review

Committee by reason of illness, infirmity or absence from Sri Lanka is temporarily unable to discharge the functions of his office, the

President may, having regard to the provisions of section 21, appoint any other person to act in his place.

(3)

Where a member of the Surcharge Review

Committee dies, resigns or is removed from office, the President may, having regard to the provisions of section 21, appoint another person to act in his place and the person so appointed shall hold office for the unexpired period of the term of office of the member whom he succeeds.

(4)

The President may, for reasons assigned in writing and with the prior approval of the

Constitutional Council, remove a member of the Surcharge Review Committee from office.

A member who has been removed from office shall not be eligible for reappointment as a member of the Surcharge Review Committee or to serve the Surcharge Review Committee in any other capacity.

21D.

Meetings and quorum of the Surcharge Review Committee

(1)

The Chairman shall preside at every meeting of the Surcharge Review Committee.

Where the Chairman is absent, the members present shall elect a Chairman for that meeting from among themselves.

(2)

(a) All matters for a decision at any meeting of the Surcharge Review Committee shall be decided by the vote of the majority of members present at such meeting.

(b)

In the event of an equality of votes on any matter considered at a meeting, the

Chairman of that meeting shall have a casting vote in addition to his original vote.

(3)

No act, decision or proceeding of the

Surcharge Review Committee shall be deemed to be invalidated by reason only of the existence of any vacancy of the Surcharge Review

Committee or any defect in the appointment of any member thereof.

(4)

The quorum for any meeting of the

Surcharge Review Committee shall be three.

(5)

Subject to the preceding provisions of this section, the Surcharge Review Committee may regulate the procedure with regard to the meetings of the Surcharge Review Committee and the transaction of business at such meeting.

21E.

Remuneration of the members of the Surcharge Review Committee

The members of the Surcharge Review

Committee shall be paid remuneration in such manner and at such rates as may be determined by Parliament.

21F.

The Surcharge Review Committee to invite experts to meetings

(1)

The Surcharge Review Committee may, whenever it considers necessary, invite experts to any meeting of the Surcharge Review

Committee, who have expertise on any subject which is dealt with by the Surcharge Review

Committee at such meeting for the purpose of obtaining their views on such subject matter for the effective discharge of the functions of the

Surcharge Review Committee:

Provided however, the Surcharge Review

Committee shall have the absolute discretion of accepting or rejecting the views of such experts.

(2)

The experts shall have no voting rights.”.

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