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As enacted
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Contents

7. Insertion of sections 10A, 10B 10C, 10D,10E,10F 10G, and 10H, in the principal enactment

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

The following new sections are inserted immediately after section 10 and shall have effect as section 10A, 10B, 10C,

10D, 10E, 10F, 10G and 10H respectively, of the principal enactment.

10A. (1) At the request of the Commission an officer in the public service, may with the consent of that officer, the Secretary to the

Ministry under which that officer is serving and the Secretary to the Ministry of the Minister incharge of the subject of Public Administration, be temporarily appointed to the staff of the

Commission for such period as may be determined by the Commission with like consent, or be permanently appointed to such staff.

(2)

Where any officer of the public service is temporarily appointed to the staff of the

Commission, the provisions of subsection (2)

of section 14 of the National Transport

Commission Act, No.37 of 1991 shall, mutatis mutandis, apply to, and in relation to, him.

(3)

Where any officer of the public service is permanently appointed to the staff of the

Commission, the provisions of subsection (3)

of section 14 of the National Transport

Commission Act, No.37 of the 1991, shall mutatis mutandis, apply to, and in relation to, him.

(4)

Where the Commission employs any persons who has entered into a contract with

“Appointment of Public officers to

Commission

Act, No. 50 of 1999

the Government by which he has agreed to serve the Government for a specified period of time service to the Commission by that person shall be regarded as service to the Government for the purpose of discharging his obligations under such agreement.

10B.

Fund of the Commission

(1)

The Commission shall have its own

Fund.

(2)

There shall be paid into the Fund of the

Commission –

(a)

all such sums of money as may be voted from time to time by Parliament for the use of the Commission ;

(b)

all such sums of money as may be received by the Commission as fees, charges or cesses ;

(c)

all such sums of money as may be received by the Commission by way of grants, gifts or loans.

(3)

There shall be paid out of the Fund of

Commission all such sums of money as are required to defray any expenditure incurred by the Commission in the exercise and discharge of its powers and functions under this Act and all such sums of money as are required or authorized to be paid out of the Fund of the

Commission by or under this Act.

10C.

Financial Year of the Commission

The financial year of the Commission shall be the calendar year.

10D.

Audit of accounts of the Commission

(1)

The Commission shall cause proper books of accounts to be kept of the income and expenditure , assets and liabilities and all other transactions of the Commission.

Act, No. 50 of 1999

(2)

The provisions of Article 154 of the

Constitution relating to the audit of the accounts of public Corporations shall apply to the audit of the accounts of the Commission.

10E.

Seal of the Commission

The seal of the Commission –

(a)

shall be in the custody of such person as the Commission may determine from time to time ;

(b)

may be altered in such manner as may be determined by the Commission ;

(c)

shall not be affixed to any instrument or document except in the presence of two members of the Commission authorized in writing in that behalf by the Chairman of the Commission, both of whom shall sign the instrument or document in token of their presence.

10F.

Commission deemed to be a Scheduled institution within the meaning of the Bribery Act

The Commission shall be deemed to be a Scheduled Institution within the meaning of the Bribery Act, and the provisions of that Act, shall be construed accordingly.

10G.

Members officers and servants of the Commission deemed to be public servants

All members, officers and servants of the Commission shall be deemed to be public servants within the meaning, and for the purposes of the Penal Code.

10H.

Protection of action

(1)

No action or prosecution shall be

Instituted –

(a)

against the Commission for any act, which in good faith is done, or purported to be done, by the Commission under this Act ; or

Act, No. 50 of 1999

(b)

any member, officer or servant of the

Commission for any act which in good faith is done, or purported to be done, by him under this Act or on the direction of the Commission.

(2)

any expenses incurred by this

Commission in any action or prosecution brought by or against the Commission before any court, shall be paid out of the Fund of the

Commission and any costs paid, to or recovered by the Commission, in any such action or prosecution shall be credited to the Fund of the

Commission.

(3)

Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any action of prosecution brought against him before any court in respect of any act which is done, or purported to be done, by him under this Act or on the direction of the Commission shall, if the court holds that such act was done in good faith, be paid out of the Fund of the Commission, unless such expenses are recovered by him in such action or prosecution.”.

Read on from s 8