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Contents

Part III · Duties of Ministers and Public Authorities

12. Constitution of the Commission

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The Commission shall consist of five persons appointed by the President upon the recommendation of the Constitutional Council. In making such recommendations, the Constitutional Council shall recommend one person nominated by each of the following organisations or categories of organisations:-

(a)

Bar Association of Sri Lanka which shall nominate an Attorney-at-Law of eminence or a Legal

Academic in consultation with Attorneys-at-Law and Legal Academia;

(b)

organizations of publishers, editors and media persons;

(c)

other civil society organizations.

(2)

(a)

In making recommendations under subsection (1), the Constitutional Council shall ensure that the persons who are being recommended are persons who-

(i)

have distinguished themselves in public life with proven knowledge, experience and eminence in the fields of law, governance, public administration, social services, journalism, science and technology or management;

(ii)

are not Members of Parliament, any Provincial

Council or a local authority;

(iii)

do not hold any public or judicial office or any other office of profit;

(iv)

are not connected with any political party; or

(v)

are not carrying on any business or pursuing any profession.

(b)

In nominating persons for the consideration of the

Constitutional Council the organizations referred to in subsection (1) shall ensure that the persons nominated meet the criteria specified herein. In the event the Constitutional

Council is of the opinion that the nominees do not meet the criteria set out herein fresh nominations shall be called for.

(3)

The Constitutional Council shall make its recommendations under subsection (1), within one month of the date of coming into operation of this Act or the date of a vacancy arising in the Commission. In the event, any or all of the organisations concerned fail to make nominations within such period, the Constitutional Council shall make its own recommendations after the expiry of the said period.

In the event any nominations are rejected the Constitutional

Council shall make its own nominations if no acceptable nominations are resubmitted within two weeks from the rejection.

(4)

Where a member of the Commission while holding such office becomes a Member of Parliament, any Provincial

Council or a local authority or appointed to any public or judicial office or an office bearer of any political party such member shall cease to be a member of the Commission on such appointment.

(5)

The President shall nominate one of the members appointed to the Commission to be its Chairperson.

(6)

The members of the Commission shall hold office for a period of five years.

(7)

A member of the Commission shall not disclose any information that cannot be disclosed under the provisions of this Act.

(8)

The provisions of the Schedule to this Act shall apply to and in respect of the members of the Commission and the conduct of its meetings.

Read on from s 13

Part V

Appointment of Information Officers and Procedure for Gaining Access to Information

Read on from Part V

Part VI

Appeals Against Rejections

Read on from Part VI

Part VII

General

Read on from Part VII

Schedules