Twenty First Amendment to the Constitution · As enacted
25. Insertion of newArticles 155G,155H, 155J,155K and 155L in the Constitution
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
The following new Articles are hereby inserted immediately after Article 155FFF and shall have 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.
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 XVIIA of the
Constitution.
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.
The Commission shall, in consultation with the Inspector-General of Police, provide for and determine all matters regarding police officers, including-
the formulation of schemes of recruitment, promotion and transfer, subject to any policy determined by the Cabinet of
Ministers pertaining to the same;
training and the improvement of the efficiency and independence of the police service;
the nature and type of the arms, ammunition and other equipment necessary for the use of the
National Division and the
Provincial Divisions; and
codes of conduct and disciplinary procedures.
The Commission shall exercise all such powers and discharge and perform all such duties and functions as are vested in it under
Appendix I of List I contained in the Ninth
Schedule to the Constitution.
155H.
certain
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
The Commission shall cause to be published in the Gazette, the appointment of any such Committee.
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
The Commission may, subject to such conditions and procedures as may be specified 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
The Commission shall cause any such delegation to be published in the Gazette.
155K.
Right of appeal
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 the powers delegated to him.
A police officer aggrieved by any order relating to promotion, transfer or any order on a disciplinary matter or dismissal made by a
Committee or the Inspector-General of Police or a police officer referred to in Articles 155H
Delegation of functions by
Commission.
and 155J in respect of such officer may appeal to the Commission against such order in 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.
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 the Commission shall deem fit.
The Commission shall, from time to time, cause to be published in the Gazette, rules made by it under paragraph (2) of this Article.
Upon any delegation of its powers to a
Committee or the Inspector-General of Police or police officer under Articles 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
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 terms of Article 155K, 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
Tribunal.