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As enacted
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43. Insertion of new Articles 155G, 155H, 155J, 155K and 155L of the Constitution

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

The following Articles are hereby inserted immediately after Article 155FFF and shall have the effect as

Articles, 155G, 155H, 155J, 155K and 155L respectively, of the Constitution:-

155G. (1) (a) The appointment, promotion transfer, disciplinary control and dismissal of police officers other than the Inspector-General of Police, shall be vested in the Commission.

The Commission shall exercise its powers of promotion, transfer, disciplinary control and dismissal in consultation with the Inspector-General of Police.

(b)

The Commission shall not in the exercise of its powers under this Article, derogate from the powers and functions assigned to the Provincial Police Service

Commissions as and when such Commissions are established under Chapter XVlIA of the

Constitution.

(2)

The Commission shall establish procedures to entertain and investigate public complaints and complaints of any aggrieved person made against a police officer or the police service, and provide redress as provided by law. In the event of the Commission providing redress, the Commission shall forthwith inform the Inspector-General of

Police.

“Powers of the

Commission.

(3)

The Commission shall, in consultation with the Inspector-General of Police, provide for and determine all matters regarding police officers, including:-

(a)

the formulation of schemes of recruitment, promotion and transfers, subject to any policy determined by the

Cabinet of Ministers pertaining to the same;

(b)

training and the improvement of the efficiency and independence of the police service;

(c)

the nature and type of the arms, ammunition and other equipment necessary for the use of the National

Division and the Provincial Divisions;

and

(d)

codes of conduct and disciplinary procedures.

(4)

The Commission shall exercise all such powers and discharge and perform all such functions and duties as are vested in it under

Appendix I of List I contained in the Ninth

Schedule to the Constitution.

155H.

certain

(1)

The Commission may delegate to a Committee of the Commission (not consisting of members of the Commission) as shall be nominated by the Commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of police officers as are specified by the Commission.

Delegation of powers of the

Commission

Committee.

to a

(2)

The Commission shall cause to be published in the Gazette, the appointment of any such Committee.

(3)

The procedure and quorum for meetings of a Committee nominated under paragraph (1) shall be according to rules made by the

Commission. The Commission shall cause such rules to be published in the Gazette.

155J.

certain

(1)

The Commission may, subject to such conditions and procedures as may be prescribed by the Commission, delegate to the

Inspector-General of Police or in consultation with the Inspector-General of Police to any

Police Officer, its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officers.

the

(2)

The Commission shall cause any such delegation to be published in the Gazette.

155K.

Right of Appeal

(1)

Where the Commission has delegated under Article 155J to any police officer its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officers, the Inspector-General of Police shall have a right of appeal to the Commission against any order made by such Police officer in the exercise of his delegated powers.

(2)

A police officer aggrieved by any order relating to promotion, transfer or any order on a disciplinary matter or dismissal made by the

Inspector-General of Police or a Committee or a Police Officer referred to in Article 155H and 155J in respect of such officer may, appeal to the Commission against such order in

Delegation of functions by

Commission.

accordance with rules made by the Commission from time to time regulating the procedure and the period fixed for the making and hearing of an appeal by the Commission.

(3)

The Commission shall have the power to alter, vary, rescind or confirm such order upon an appeal made under paragraph (1) or paragraph (2), or to give directions in relation thereto or to order such further or other inquiry, as to the Commission shall deem fit.

(4)

The Commission shall from time to time cause to be published in the Gazette, rules made by it under paragraph (2) of this Article.

(5)

Upon any delegation of its powers to the

Inspector-General of Police or a Committee or police officer under Article 155H and 155J, the

Commission shall not, whilst such delegation is in force, exercise, perform or discharge its powers, duties or functions in respect of the categories of police officers in respect of which such delegation is made, subject to the right of appeal hereinbefore provided.

155L.

Appeals Tribunal

Any police officer aggrieved by any order relating to promotion, transfer, 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.”.

Appeals to

Administrative