23. Amendment of Article 104B of the Constitution

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

Article 104B of the Constitution is hereby amended by the repeal of paragraphs (4), (4a) and (5) of that Article and the substitution of the following paragraphs therefor:-

“(4) (a)The Commission shall have the power during the period of an election, to prohibit the use of any movable or immovable property belonging to the State or any public corporation–

(i)

for the purpose of promoting or preventing the election or any candidate of any political party or independent group contesting at such election;

(ii)

by any candidate or any political party or any independent group contesting at such election, by a direction in writing by the Chairman of the

Commission or of the Commissioner General of

Elections on the instructions of the Commission.

(b)

It shall be the duty of every person or officer in whose custody or under whose control such property is for the time being, to comply with, and give effect to, such direction.

(5)

(a) The Commission shall have the power to issue from time to time, in respect of the holding of any election or the conduct of a Referendum, such guidelines as the Commission may consider appropriate, to any broadcasting or telecasting operator or any proprietor or publisher of a newspaper, as the case may be, as the Commission may consider necessary to ensure a free and fair election.

(b)

It shall be the duty of the Chairman of the

Sri Lanka Broadcasting Corporation, the Chairman of the Sri Lanka Rupavahini Corporation and the

Chairman of the Independent Television Network and the Chief Executive Officer of every other broadcasting or telecasting enterprise owned or controlled by the State to take all necessary steps to ensure compliance with such guidelines as are issued to them under sub-paragraph (a).

(c)

(i)

The Commission shall cause the directions and guidelines referred to in paragraphs 4(a) and paragraph 5(a) to be published in at least one newspaper widely circulated, in the Sinhala, Tamil and English languages.

(ii)

Every direction and guideline shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in such direction and guideline.

(iii)

Every such direction and guideline shall, within three months from the date of publication in the Gazette, be brought before Parliament for approval. Any direction or guideline which is not so approved shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to anything previously done thereunder.

Read on from s 24