Nineteenth Amendment to the Constitution · As enacted
35. Insertion of new Articles 153A, 153B, 153C, 153D, 153E, 153F, 153G and
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The following new Articles are hereby inserted immediately after Article 153, and shall have effect as Article 153A, 153B, 153C, 153D, 153E, 153F, 153G and 153H of the
Constitution:-
153A.
153H in the Constitution
There shall be an Audit Service
Commission (in this Chapter referred to as
“Commission”), which shall consist of the
Auditor-General who shall be the Chairman of the Commission, and the following members appointed by the President on the recommendation of the Constitutional
Council:-
two retired officers of the Auditor-General’s Department, who have
“Constitution of the Audit
Service
Commission.
held office as a Deputy Auditor-General or above;
a retired judge of the Supreme Court,
Court of Appeal or the High Court of Sri Lanka; and
a retired Class I officer of the Sri
Lanka Administrative Service.
(a) A person appointed as a member of the Commission shall hold office for three years, unless he,–
earlier resigns from his office, by letter addressed to the President;
is removed from office as hereinafter provided; or
becomes a Member of Parliament or a member of a Provincial Council or any local authority.
A person appointed as a member of the
Commission shall be eligible to be appointed for a further term of office, on the recommendation of the Constitutional
Council.
The President may for cause assigned and with the approval of the Constitutional
Council, remove from office any person appointed as a member of the Commission under paragraph (1).
The Chairman and the members of the
Commission shall be paid such allowances as are determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be diminished during the term of office of the Chairman or members.
The Chairman and the members of the
Commission shall be deemed to be public servants within the meaning and for the purposes of Chapter IX of the Penal Code.
There shall be a Secretary to the
Commission who shall be appointed by the
Commission.
153B.
the
The quorum for any meeting of the Commission shall be three members of the
Commission.
Parliament shall, subject to paragraph (1), provide by law for meetings of the
Commission, the establishment of the Sri
Lanka State Audit Service and such other matters connected with and incidental thereto.
153C.
the
The power of appointment, promotion, transfer, disciplinary control and dismissal of the members belonging to the Sri
Lanka State Audit Service, shall be vested in the Commission.
The Commission shall also exercise, perform and discharge the following powers, duties and functions:-
make rules pertaining to schemes of recruitment, the appointment, transfer, disciplinary control and dismissal of the members belonging to the Sri Lanka State Audit Service, subject to any policy determined by the Cabinet of Ministers pertaining to the same;
Meeting of
Commission.
Powers and
Functions of
Commission.
prepare annual estimates of the
National Audit Office established by law; and
exercise, perform and discharge such other powers, duties and functions as may be provided for by law.
The Commission shall cause the rules made under paragraph (2) to be published in the Gazette.
Every such rule shall come into operation on the date of such publication or on such later date as may be specified in such rules.
Every such rule shall, within three months of such publication in the Gazette be brought before Parliament for approval. Any rule 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 therunder.
153D.
the
A person who otherwise than in the course of his duty, directly or indirectly, by himself or through any other person, in any manner whatsoever, influences or attempts to influence any decision of the
Commission, any member thereof or any officer of the Sri Lanka State Audit Service, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.
Influencing or attempting to influence decision of
Commission officer of the
Sri Lanka
State Audit
Service, to be an offence.
or any
Every High Court established under
Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1).
153E. Subject to the jurisdiction conferred on the Supreme Court under Article 126 and to the powers granted to the Administrative
Appeals Tribunal under Article 153G, no court or tribunal shall have the power or jurisdiction to inquire into, pronounce upon or in any manner whatsoever call in question any order or decision made by the Commission, in pursuance of any function assigned on such Commission under this Chapter or under any law.
153F.
Costs and expenses
The costs and expenses of the
Commission shall be a charge on the
Consolidated Fund.
153G.
the
Any officer of the Sri Lanka State
Audit Service who is aggrieved by any order relating to the appointment, promotion or transfer of such officer or any order on a disciplinary matter or dismissal made by the
Commission, in respect of such officer, may appeal therefrom to the Administrative
Appeals Tribunal established under Article 59, which shall have the power to alter, vary, rescind or confirm any order or decision made by the Commission.
153H.
Appeals Tribunal
The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of
Parliament for the discharge of its functions and shall forward to Parliament in each calendar year a report of its activities in such year.”.
Immunity from legal proceedings.
Appeals to
Administrative
Commission answerable to
Parliament.
to be