பாராளுமன்றச் சட்டம் · இயற்றப்பட்டவாறு
Police Commission Act 1990
கருத்துகள் மற்றும் உதவிஅதிகாரப்பூர்வ ஆங்கில மொழிபெயர்ப்பு. சிங்கள அல்லது தமிழ் உரையிலிருந்து வேறுபடும் இடங்களில் எந்த உரை மேலோங்கும் என்பதைச் சட்டமே குறிப்பிடுகிறது.
National and provincial police commissionsஅதிகாரப்பூர்வ மொழிபெயர்ப்பு, ஸ்கேன் செய்யப்பட்ட பிரதியிலிருந்து படிக்கப்பட்டதுDepartment of Government Printing-இன் ஸ்கேன் செய்யப்பட்ட PDF-இலிருந்து, OCR மூலம் படிக்கப்பட்டது; பிழைகள் இருக்கலாம்
s 1Short title and date of operation
This Act may be cited as the Police Commission Act,
No. lof 1990, and shall come into operation on such date as the President may appoint ky Order published in the Gazette.
There shall be a National Police Commission consisting of—
the Inspector-General of Police who shall act .as
Chairman of the Commission ; ~
one person nominated by the Public Service Commis-sion, in consultation with the President ; anid
one person nominated by the Chief Justice.
No person shall ke nominated, or continue, as a member of the National Police Commission if he is a Member of Parliament, a Member of a Provincial Council or a
Member of a Local Authority.
Where a nominated member of the Commission is by reason of illness, absence from Sri Lanka or other caus?
is temporarily unable to perform the duties of his office the Nominating Authority may nominate some other person to act in his place.
.
Every member of the Naticnal Police Commission nominated under paragraph (b) or paragraph (c) of sub-section (1) shall hold office for a period of three years from the date of his nomination, unless he earlier resigns his office by writing under his hand addressed to the Public
Service Commission or the Chief Justice, as the’ case may be.
Every member of the National Police Commission’
‘nominated under paragraph (b) or paragraph (c) of sub-section (1) who prior to his nomination as a member of the
Commission, was a public officer or judicial officer shall, with effect from the date of nomination, cease to hold such office -
and shall, so long as he is a member of the Commission,
‘cease to engage in any occupation, profession trade or business which is likely to prejudicially affect, the discharge
‘by such member, of his functions as a member of the
Commission.
A member of the National Police Commission shalt be paid such allowance as may be determined by Parlia-ment. The allowance payable to any such member shall be charged on the Consolidated Fund and shall not be diminished during his term of office.
There shall be a secretary to the National Police
Commission who shall be appointed by the Commission.
The quorum for any meeting of the Commission shall
. be two members.
Subject to the provisions of subsection (8), the
National Police Commission shall have power to act not-withstanding any vacancy in its membership and no act or proceeding of the Commission shall be, or deemed to be, invalid by reason of any such vacancy or any defect in the appointment of a member.
For the purposes of Chapter IX of the Penal Code a member of the National Police Commission shall be deemed to be a public servant.
s 3Appointment of Officers of the National Division vested in Commission
Subject to the provisions of Appendix 1 of List 1 of the Ninth Schedule to the Constitution, the appointment, transfer, dismissal and disciplinary control of Police
Officers of the National Division of the Sri Lanka Police
Force is hereby vested in the National Police Commission.
s 4Delegation of powers,
The National Police Commission may delegate any of its powers of transfer, dismissal and disciplinary control of Officers of the National Division of the Sri Lanka Police
Force to any Officer of the National Division.
s 5Functions of
‘The National Police Commission shall provide for and determine—
|
Police
.
Commission.
{a) all matters relating tio the formulation of schemes of recruitment and codes of conduct for Officers of the
National and Provnicial Divisions cif the Sri Lanka
Police Force ;
all matters relating to the principles to be followed in
CO making promotions and transfers within or between those
Divisions
(including promotions frem a
Provincial Division to the National Division) ; and for the purpose of securing uniformity of standards in the Sri Lanka Police Force, the standards to be attained by Officers of each rank to qualify for promotion ;
all matters relating to the procedure for the exercise, and the delegation, of its powers of appointment, transfer, dismissal and disciplinary. control of
Police Officers of the National Division of the Sri
Lanka Police Force
;
,
{d) the nature, type, quantity of firearms, ammunition and equipment that may be carried by the several ranks of the National Division of the Sri Lanka
Police Force ;
‘
{e) after consultation with the Provincial Police Commis-sion, the nature, type and quantity of firearms and ammunition that may be carried by the several ranks of each Provincial Division of the Sri Lanka
Police Force.
Cadres cf Police Officers of all ranks of the
Cadresand
National Division shall be fixed by the Government of Sri
Police got
Lanka in consultation with the National Police Commission.
The Cadres of Officers and other ranks of each Provincial
Division shall be fixed by the Provincial Administration wiih the approval of the President, having regard to--
the area of.the Province ;
population of the Province ; and
{c) such other criteria, as may be agreed to or pres-cribed.
4°
These principles shall be uniformly applied to all Provin-cial Divisions,
,
The cadres of the Provincia] Divisions shall be fixed on ascertained principles such as population, area, number of Police Stations involved and other relevant considera-tions. These principles shall be applied to all Provincial
Divisions without distinction. °
The salary scales and perquisites of office enjoyed by the various rank’ in the National and Provincial Divisions shall be determined by the Government of Sri Lanka after consultation with the Chief Ministers of the Provinces. The salary scales and perquisites of office as enjoyed by mem-bers. of the Provincial Divisions shall apply uniformly to all Provincial Divisions.
The Government of Sri Lanka shall be responsible for the training of, all recruits to, and of members of, the
National and Provincial Divisions of the Sri Lanka Police
Force in consultation with the National Police Commission.
The President may, where he considers it necessary, pro-vide for alternative training for members of any Provincial
Division.
s 7Appeal
Any Police Officer who is aggrieved by any order of transfer or dismissal or any other order relating to a disciplinary matter made by an Officer of the ‘National
Division to whom the National Police Commission has delegated its powers under section 4, shall have a right of appeal to the National Police Commission
:
Provided that, any Officer of the National ‘Division seconded to any Provincial Division against whom discipli-nary action has been taken by the Provincial Police Com-.
mission shall also have the right of appeal to the National
Police Commission, whose decision on appeal shall be final. Upon any such appeal the National Police Commis-sion shall have the power to vary or rescind the order of the Provincial Police Commission.
s 8Powers of Commission on appeal,
The National Police Commission shall have the power to vary or rescind any order of transfer or dismissal or any other order relating to a disciplinary matter made by an
Officer of the National Division to whom it has delegated any of its power under section 4.
"
Potice Commission Act, No. 1 of 1990
.
s 9Sd
There shall be a Provincial Police Commission for Provincial
Police every Province, with effect from such date-as may be Commission.
appointed by the President by Order published mm the
- Gazette. Different dates may be appointed in respect of
‘different Provinces.
The Provincial Pclice Commission of a Province shall consist of
.
the Deputy Inspector-General of the Province, who shall act as Chairman of the Commission
;
a person nominated by the Public Service Com-mission, in consultation with the President
;
a person nominated by the Chief Minister of that province.
Where a nominated member of the Commission is by reason cif illness, absence from Sri Lanka or other cause is temporarily unable tc perform the duties of his office the Nominating Authority may nominate some other per-son to act in his place.
No person shall be nominated to, or continue, as a member of a Provincial Police Commission if he is a
Member of Parliament, a Member of a Provincial Council or a Member of a Local Authority.
Every member of a Provincial Police Commission nominated under paragraph (b) or paragraph (c) of sub-section (2) shall hold office for a period of three years from the date of his nomination, unless he earlier resigns his office by writing under his hand addressed to the Public Service
Commission or the Chief Minister of the Province, as the case may be.
Every member of a Provnicial Police Commission nominated under paragraph (b) or paragraph (c) of sub-section (2) who prior to his nomination as. a member of the
Commission, was a public officer or judicial officer or held office in a Provincial Public Service shall, with effect from the date of nomination, cease to hold such office and shall, so long as he is a member of the Commission, cease to engage in any occupation, profession, trade or business which is likely to prejudicially affect, the discharge by such member, of his functions as a member of such Commission.
.
4
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A member of a Provincial Police Commission shall be paid such allowance as may be determined by the Pro-vincial Council for that Province. The allowance payable to any such member shall be charged on the Provincial
Fund of the Province and shall not be diminished during his term of office.
There shall be a Secretary to every Provincial
Tolice Commission who shall be appointed by the Com-mission.
A quorum for any meeting of a Provincial Police
Commission shall be two members.
Subject to the provisions of subsection (9) a Provin-cial Police Commission shall have power to act notwith-standing any vacancy in its membership and no act or proceeding of any such Commission shall be, or deemed to be invalid by reason of such vacancy or any defect in the.
appointment of a member.
For the purposes of Chapter IX of the Penal Code a member of a Provincial Police Commission shall be deemed to be a public servant.
s 10Powers of Provincial Police Commissions
Subject to the provisions of Appendix I of List I of the Ninth Schedule to the Constitution, the appointment, transfer, dismissal and disciplinary control of Officers of the
Provincial Division of a Province and Officers of the Natio-nal Division seconded to the Provincial Division, of the ranks of Superintendent of Police, Provincial
Assistant
Superintendent of Police, Chief Inspector, Inspector, Sub-Inspector, Sergeant and Police Constable is hereby-vested in the Provincial Police Commission of that Province.
A Provincial Police Commission shall be én-titled to delegate such of its powers as may be prescribed by the Minister, to such other person or authority as may be prescribed by the Minister.
Any Officer of the Provincial Division of a Province aggrieved by any order of transfer or dismissal or any other order relating to a disciplinary matter made by an Officer to whom the Provincial Police Commission of that Province has delegated its powers under subsection (1), shall have a right of appeal to such Provincial Police Commission.
s 12Interference with : National or Provincial Police Commission
Every person who, otherwise than in the course of his duty, directly or indirectly, by himself or by any other person, in any manner whatsoever, influences or attempts to influence, any decision of the National Police Commission or a Provincial Police Commission or of any member of any such Commission shall be guilty of an offence and shall on conviction by a High Court after trial Without a jury, be liable to a fine not exceeding five thousand rupees or to im-prisonment for a term not exceeding one year or, to both such fine and imprisonment.
A Provincial Division of the Sri Lanka Police
Force shall be responsible for thé prevention, detection and investigation of all offences, other than offences specified in the Schedule to Appendix I of List I of the Ninth Schedule to the Constitution, within the Province, and subject to the powers of the Attorney-General under the Code of
Criminal Procedure Act, No. 15 of 1979, the institution of prosecutions in the relevant courts in respect of such offences
:
Provided that any such offence may be investigated by the National Division of the Sri Lanka National Police—
where the Chief Minister of the Province requests that the investigation of such offence be conducted by the National Division
; or
.
where the Inspector-General of Police is of the opinion that investigation of such offence by the
National Division is necessary in the public interest and directs, after consultation with the Chief
Minister of the Province and with the approval of the Attorney-General, that such offence be ‘investi-gated by the National Division, ~
The National Division of the Sri Lanka Police Force shall be responsible for the prevention, detection and investigation of all offences specified in the Schedule to
Appendix I of List I of the Ninth Schedule to the Consti-tution, and sobject to the powers of the Attorney-General under the Code of Criminal Procedure Act, No. 45 of 1979, for the institution of prosecutions in the relevant courts in respect of such offences.
It shall be the duty of the Deputy Inspector-General of a Province to notify the Inspector-General of Police, of prosecutions instituted in any court, by the Provincial
Division of that Frvince, in respect of any offence other than an offence specified in the Schedule to Appendix I of
List I of-the Ninth Schedule to the Constitution.
s 14National Division-to assist-Provincial Division in investi-gations,
Where the Chief Minister of any Province so re-quests, the Inespector-General of. Police shall direct any unit of the National Division to assist the Provincial Divi-sion of that Province in the prevention, detection and in-vestigation of any offence not specified in the Schedule to
Appendix I ef List I of the Ninth Schedule to the Consti-tution.
s
s 15Metropolitan Police Force
The provisions of this Act shall not affect the exer-cise, performance and discharge of police powers, duties and functions in respect of the territorial limits specified by Order made under Item I of List I of the Ninth Schedule to the Constitution, which shall continue to be exercised, performed and discharged by Officers of the Police Force established under the Police Ordinance.
The Provincial Division of a Province may, with the approval of the Inspector-General of-Police, exercise its powers and jurisdiction in any other Province, where the Provincial Council established for such other Province, has, by resolution authorized such Provincial Division so to do, subject to any such limitations as may be specified in such resolution.
.
An Officer of the Provintial Division of a Province may, for the purposes of—
arresting without warrant any person whom’ he is authorized to arrest without a warrant, pursue and arrest such person in any place in Sri Lanka;
eee cr ECS ow
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‘
making any investigation in. respect of an offence committed wholly or partly within the Province to which such Officer is attached, exercise his powers and jurigdiction in any other Province, with the prior approyal of the Inspector-General of Police who shall issue appropriate directions to the De-puty-Inspector General of that Province.
s 17Provincial Division to assist National Division
Upon the declaration of an emergency in a Province the Provincial Division of that Province shall assist the
National Division in the investigation of offences, when re-quired te do so by the Inspector-Géneral of Police.
48.
one ' Powers to issue directions
. The Inspector-General of Police may give such ad-ministrative directions, not inconsistent with the provisions of any written law, as appear to him to be necessary or expedient for the purpose ef removing any difficulties that may arise in the implementation of the provisions of this
Act. It shall-be the duty of any public officer te whom a.
direction has been issued under this section to comply therewith.
+
s 19Powers of chief Minister in relation to Deputy Inspecter-~ Generalof | the Province
The Chief Minister of a Province shall, in relation to the Deputy Inspector-General of that Province exercise such powers as are not in excess of the powers that the 4
' Minister roay exercise in relation to the Inspector-General of Police:
‘
Provided however that, where in the exercise of any such power the Chief Minister. gives a direction to tie De-puty Inspector~General of Police of a Province, such direc-tion shall .be in writing.
s 20In the event of any inconsistency between the
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
,
Sinhala text to prevail in the event of inconsi- :
tency.
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“Phtacaty
Annual subscription of Bills and-Acts of the Parliament Rs, 177 (Local),
Rs. 236 (Foreign), payable to. the SUPERINTENDENT, GOVERNMENT PUBLICATIONS
Baanav, Cotomno 1, before 15th December each year in respect of the year following.
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