As enacted

Contents

58. Transitional Provisions

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

(1)

Every person holding office on the day immediately preceding the date of commencement of this Act, 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;

(i)

a member of any Commission referred to in

Article 41A;

(j)

the Commissioner - General of Elections; ;

(k)

the officers appointed to the Election

Commission, by the Election Commission;

(l)

the Secretary-General of Parliament;

(m)

a member of the staff of the Secretary-General of Parliament;

(n)

a member of the University Grants

Commission;

(o)

a member of the Official Languages

Commission;

(p)

the Auditor-General; and

(q)

the Parliamentary Commissioner for

Administration (Ombudsman)”.

(xi)

judges of the High Court; or

(xii)

judicial officers, scheduled public officers, public officers or police officers, shall, unless he earlier resigns, dies or is removed from office continue to hold such office and shall 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 immediately preceding the date of commencement of this Act as a member of the Constitutional Council shall cease to hold such office with effect from the date of commencement of this Act.

(3)

Every person holding office on the day immediately preceding the date of commencement of this Act as the

Chairman or a member of –

(a)

the Election Commission;

(b)

the Public Service Commission;

(c)

the National Police Commission;

(d)

the Human Rights Commission of Sri Lanka;

(e)

the Commission to Investigate Allegations of

Bribery or Corruption;

(f)

the Finance Commission; and

(g)

the Delimitation Commission, shall, unless he earlier resigns, dies or is removed from office continue to exercise, perform and discharge the powers, duties and functions of his office until such date on which the respective Commissions are constituted in accordance with Chapter VIIA of the Constitution.

(4)

Every person holding office on the day immediately preceding the date of commencement of this Act as the

Chairman or a member of –

(a)

the Audit Service Commission; and

(b)

the National Procurement Commission, shall cease to hold such office with effect from the date of commencement of this Act.

(5)

Notwithstanding the provisions of subsection (4),-

(a)

all suits, prosecutions, actions, proceedings, matters or things which have been instituted by or against the Audit Service Commission and the

National Procurement Commission and which are pending as at the day immediately preceding the date of commencement of this Act shall, with effect from the date of commencement of this Act, be deemed to be suits, prosecutions, actions, proceedings, matters or things which have been instituted by or against the Government;

(b)

any decree, order or award entered or made in favour of or against the Audit Service Commission and the

National Procurement Commission by any court or tribunal or other body in any action, matter, proceeding or thing shall, with effect from the date of commencement of this Act, be deemed to be a decree, order or award entered or made in favour of or against the Government and may be enforced accordingly; and

(c)

all property movable and immovable, belonging to the Audit Service Commission and the National Procurement Commission as at the day immediately preceding the date of commencement of this Act shall, with effect from the date of commencement of this Act, vest in and be deemed to be the property of the Government.

(6)

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 Audit

Service Commission on the day immediately preceding the date of commencement of this Act shall, with effect from that date, stand transferred to the Public Service Commission and shall be determined by the Public Service Commission accordingly.

(7)

All matters pertaining to-

(a)

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

(b)

appeals by police officers to the National Police

Commission, pending before the National Police Commission on the day immediately preceding the date of commencement of this Act, shall, with effect from that date, stand transferred to the Public

Service Commission and shall be determined by the Public

Service Commission accordingly.

Read on from s 59