Removal of Officers (Procedure) Act 2002

This Act may be cited as the Removal of Officers

(Procedure) Act, No. 5 of 2002.

The holders of the Office of—

the Attorney - General;

the Inspector - General of Police, shall not be removed from such Office, except in accordance with the procedure as set out hereinafter in this Act.

The persons appointed to the Offices referred to in section 2 may be removed from office on any one or more of the following grounds :—

being adjudged an insolvent by a court of competent jurisdiction ;

being unfit to continue in office by reason of ill health or physical or mental infirmity ;

being convicted of an offence involving moral turpitude, treason or bribery ;

being found guilty of misconduct or corruption ;

being found guilty of gross abuse of power of his office ;

being found guilty of gross neglect of duty ;

being found guilty of gross partiality in office ; or

ceasing to be a citizen of Sri Lanka.

The removal of the holder of either of the Offices specified in section 2 on any one or more of the grounds referred to in paragraphs (a), (b), (c) or (h) of section 3, shall be by the President.

In the exercise of the power referred to in subsection (1), the President shall take into consideration such evidence whether oral or written, which in the opinion of the President is adequate to support the existance of the grounds referred to in that subsection.

The removal by the President of the holder of either of the Offices specified in section 2 on any one or more of the grounds referred to in paragraphs (d), (e), (f) or (g) of section 3, shall be after the presentation of an address of

Upon receipt of a resolution in accordance with subsection (1), a Committee of Inquiry (hereinafter referred to as the “Committee”) shall be constituted to inquire and report its findings in respect of the alleged grounds, on which the removal is being sought.

The Committee constituted in terms of subsection (2)

of section 5, shall comprise of the following persons :—

where the inquiry is in relation to the Attorney-General, the Committee shall consist of three persons of which the Chairman shall be the Chief Justice and two other persons appointed from among persons who have previously held the office of

where the inquiry is in relation to the Inspector-General of Police, the Committee shall consist of three persons of which the Chairman shall be a Judge of the Supreme Court nominated by the Chief Justice, the person holding office as Chairman of the Police

The Chairman of the Committee shall preside at all sittings of the Committee.

The Committee may regulate the procedure with regard to the inquiries to be conducted by such Committee.

The functions of the Committee shall be—

The decision of the Committee, shall be the decision of the majority.

For the purpose of discharging its functions, the

Committee shall have all or any of the following powers :—

procure and receive all such evidence, written or oral and to examine all such persons as witnesses, as the

require the evidence, whether written or oral of any witness, to be given on oath or affirmation (Such oath or affirmation would be such as would be administered if he were giving evidence in a court of law) and such oath or affirmation shall be administered to every such witness by an officer authorized in that behalf by the Committee;

summon any person residing in Sri Lanka to attend any inquiry of the Committee to give evidence or produce any document or other thing in his possession, and examine him as a witness or require him to produce any document or other thing in his possession ;

admit, notwithstanding the provisions of the

admit or exclude the public from such inquiry or investigation or any part thereof.

A person who gives evidence before the

No person shall in respect of any evidence written or oral, given by that person to, or before the Committee be liable to any action, prosecution or other proceeding civil or criminal in any court :

Every summons issued by the Committee shall be under the hand of the Chairman of the Committee.

Summons shall be served by delivering it to the person named therein, or where that is not practicable, by leaving it at the last known place of abode of that person or by sending it by registered post.

Every person to whom a summons is served shall attend before the Committee at the time and place mentioned therein, and shall answer the questions put to him by the

An act done or omitted to be done in relation to the Committee whether in the presence of the Committee or otherwise, shall constitute an offence of contempt against, or in disrespect of, the authority of the Committee, if such act, if done or omitted to be done in relation to the Supreme Court, would have constituted an offence of contempt against, or in disrespect of the authority of, such Court.

Any person who—

Every offence of contempt committed against or in disrespect of the Authority of the Committee shall be punishable by the Supreme Court as though it were an offence of contempt committed against, or in disrespect of the authority of that Court, and the Supreme Court is hereby vested with jurisdiction to try every such offence.

Where the Committee determines that a person is guilty of the offence of contempt under subsection (1) or subsection (2), against or in disrespect of its authority, the Committee may transmit to the Supreme Court a certificate setting out such determination ; every such certificate shall be signed by the Chairman of the Committee, provided that in the case of an inquiry or investigation with regard to the removal of the

In any proceedings for the punishment of an offence of contempt which the Supreme Court may think fit to take cognizance of, as provided by in this section, any document purporting to be a certificate signed and transmitted to such

In any proceedings taken as provided for in this section for the punishment of an alleged offence of contempt against, or in disrespect of, the authority of the Committee, no member of the Committee shall, and notwithstanding anything to the contrary in this Act, be summoned or examined as a witness.

The Committee may obtain the assistance of such officers and servants as may be necessary to assist it in the discharge of its functions under this Act.

The officers and servants appointed to assist the

Committee shall be deemed to be public servants within the meaning of the Penal Code and every inquiry or investigation conducted by the Committee shall be deemed to be a judicial proceeding within the meaning of that Code.

Removal of Officers (Procedure)

No proceedings, civil or criminal, shall be instituted against any member of the Committee or any officer or servant appointed to assist the Committee other than for contempt, or against any other person assisting the Committee in any other way, for any lawful act which in good faith is done or omitted to be done, by him as such member or officer or servant or other person.

A member of the Committee or an officer or servant appointed to assist the Committee shall not be required to produce in any court, any document received by, or to disclose to any court, any matter or thing coming to the notice of the

No proceedings civil or criminal, shall be instituted in any court against any member of the Committee in respect of any finding or report made by the Committee under this Act.

The officers and servants appointed to assist the

Committee shall be deemed to be officers of a Scheduled institution within the meaning of the Bribery Act and the provisions of that Act shall be construed accordingly.

The Speaker shall, upon receipt of the findings of the

Committee in terms of paragraph (b) of section 8 and where a finding of guilt has been arrived at, place such finding in the form of a resolution in the Order Paper of Parliament for the removal of the holder of such office in respect of whom the inquiry was held.

The resolution so placed on the Order Paper in terms of section 17 shall be dealt with in accordance with the

Standing Orders of Parliament. Upon the majority of Members of Parliament (including those not present) voting in favour of such resolution, the holder of such office to whom such resolution relates shall forthwith be removed from office by the President.

Removal of Officers (Procedure)

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

In this Act, unless the context otherwise requires—

“Attorney-General” means the holder of the Office of

Attorney-General of the Democratic Socialist

Republic of Sri Lanka ; and

“Inspector-General of Police” means the holder of the

Office of Inspector-General of Police of the

Democratic Socialist Republic of Sri Lanka.

Removal of Officers (Procedure)