As enacted

Contents

49. Transitional Provisions

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

(1)

For the avoidance of doubt it is hereby declared that,–

(a)

the Seventh Parliament in existence on the day preceding the date on which this Act comes into operation, shall, unless dissolved earlier, continue to function until April 21, 2016 and shall thereafter stand dissolved;

(b)

the persons holding office respectively, as the

President and Prime Minister on the day preceding

April 22, 2015 shall continue to hold such office after such date, subject to the provisions of the

Constitution as amended by this Act; and

(c)

every person holding office on the day preceding the date on which this Act comes into operation, as,–

(i)

the Chief Justice;

(ii)

Judges of the Supreme Court;

(iii)

the members of the Judicial Service

Commission;

(iv)

the President of the Court of Appeal;

(v)

Judges of the Court of Appeal;

(vi)

the Attorney-General;

(vii)

the Auditor-General;

(viii)

the Inspector-General of Police;

(ix)

the Parliamentary Commissioner for

Administration (Ombudsman);

(x)

the Secretary-General of Parliament;

(xi)

a judge of the High Court; or

(xii)

a judicial officer, a scheduled public officer, public officer or a police officer, shall continue to hold such office and shall, subject to paragraph (3) of Article 41C, continue to exercise, perform and discharge the powers, duties and functions of that office, under the same terms and conditions.

(2)

Every person holding office on the day preceding the date on which this Act comes into operation, as the Chairman or a member of the,–

(a)

Parliamentary Council;

(b)

Public Service Commission;

(c)

National Police Commission;

(d)

Human Rights Commission of Sri Lanka;

(e)

Commission to Investigate Allegations of Bribery or Corruption; or

(f)

Finance Commission, shall cease to hold such office with effect from the date on which this Act comes into operation:

Provided that a person holding office on the day preceding the date on which this Act comes into operation as a Chairman or a member of any such Commission referred to above may continue to exercise and discharge powers and functions of their respective offices until such date on which the respective Commissions are constituted in accordance with Chapter VIIA of the Constitution.

(3)

(a)

The person holding office as the Commissioner of

Elections on the day preceding the date on which this Act comes into operation, shall continue to exercise and discharge the powers and functions of the office of the

Commissioner of Elections as were vested in him on such date and of the Election Commission, until an Election

Commission is constituted in terms of Article 103, and shall from and after the date on which the Election Commission is so constituted, cease to hold office as the Commissioner of

Elections.

(b)

All suits, actions and other legal proceedings instituted by or against the Commissioner of Elections and pending on the day preceding the date on which the Election

Commission is constituted under Article 103, shall be deemed with effect from the date on which the Election Commission is constituted, to be suits, actions and other legal proceedings instituted by or against the Election Commission, and shall be continued and completed in the name of the Election

Commission.

(c)

Any decision or order made or any ruling given by the

Commissioner of Elections under any written law prior to the date on which the Election Commission is constituted under Article 103, shall be deemed, with effect from the date on which the Election Commission is constituted, to be a decision or order made or a ruling given, by the Election

Commission, and may be enforcement accordingly.

(d)

Upon the constitution of the Election Commission under Article 103, unless the context otherwise requires, there shall be substituted for the expressions “Commissioner of Elections” and “Department of the Commissioner

Elections” wherever those expressions occur in the

Constitution and in any written law or in any contract, agreement or other document, of the expression “Election

Commission”.

(4)

All matters relating to,–

(a)

the appointment, promotion, transfer, disciplinary control and dismissal of police officers; and

(b)

appeals by police officers to the Public Service

Commission, pending before the Public Service Commission on the day preceding the date of on which this Act comes into operation shall, with effect from that date, stand transferred to the National Police Commission established by Article 155A and shall be determined by the National Police

Commission accordingly.

(5)

All matters relating to the appointment, promotion, transfer, disciplinary control and dismissal of members of the Sri Lanka State Audit Service and pending before the

Public Service Commission on the day preceding the date of on which this Act comes into operation shall, with effect from that date, stand transferred to the Audit Service

Commission established by Article 153A and shall be determined by the Audit Service Commission accordingly.

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