යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XXIV

 CHAPTER XXIV

 

THE PUBLIC SERVICE COMMISSION (PSC)

 

191.       There shall be a Public Service Commission (in this Chapter referred to as the “Commission”) which shall consist of not less than five members and not more than nine members appointed by President subject to Article 185; of whom not less than three members shall be persons who have had over fifteen years experience as public officers. President shall appoint one of such members as its Chairman.

 

192.       Provisions of Articles 186, 187, 188, 190, and paragraph (2) and (6) of Article 184 shall apply, mutatis mutandis, to this Commission.

 

193.       (1) President may grant a member leave from the performance of his duties relating to the Commission for a period not exceeding two months and shall, for the duration of such period, subject to the provisions of Article 185, appoint a person qualified to be a member for the Commission to be a temporary member for the period of such leave; but such temporary member shall be re-installed in his position immediately held before the appointment to the Commission and shall not be regarded as “ex-member of the Commission”.

 

(2) A member of the Commission who without obtaining prior leave of the Commission absents himself from three consecutive meetings of the Commission, shall be deemed to have vacated office with effect from the date of the third of such meetings, and shall not be eligible thereafter to be reappointed as a member of any independent Commission.

 

(3) The Commission shall have the power to act notwithstanding any vacancy in its membership, and no act, proceeding or decision of the Commission shall be or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

(4) There shall be a Secretary to the Commission who shall be appointed by the Commission.

 

194.       The members of the Commission shall be deemed to be public servants, within the meaning and for the purposes of Chapter IX of the Penal Code or other such law as may be enacted in substitution therefor.

195.       (1) Cabinet of Ministers shall provide for and determine all matters of policy relating to public officers, including policy relating to appointments, promotions, transfers, disciplinary control and dismissal.

(2) The appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Government Corporations shall, vest in Cabinet of Ministers.

(3) Subject to the provisions of the Constitution, the appointment, promotion, transfer, disciplinary control and dismissal of public officers shall be vested in Public Service Commission.

(4) The Commission shall not derogate from the powers and functions of Provincial Public Service Commissions as are established by law.

(5) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise and discharge of its powers and functions. The Commission shall also forward to Parliament in each calendar year, a report of its activities in respect of such year.

 

196.       (1) The Commission may delegate to a Committee consisting of three persons (not being members of the Commission) appointed by the Commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of public officers as are specified by the Commission.

(2) The Commission shall cause the appointment of any such Committee to be published in the Gazette.

(3) The procedure and quorum for meetings of any such Committee shall be as determined by the Commission by rules made in that behalf. The Commission shall cause such rules to be published in the Gazette.

(4) There shall be a Secretary to each Committee, who shall be appointed by the Commission

 

197.       (1) The Commission may delegate to a public officer, subject to such conditions and procedure as may be determined by the Commission, its powers of appointment, promotion, transfer, disciplinary control and dismissal of such category of public officers as are specified by the Commission.

(2) The Commission shall cause any such delegation to be published in the Gazette, including the conditions and procedure determined by the Commission for such purpose.

 

198.       (1) Any public officer aggrieved by an order relating to a promotion, transfer, dismissal or an order on a disciplinary matter made by a Committee or any public officer under Article 196 or Article 197, in respect of the officer so aggrieved, may appeal to the Commission against such order in accordance with such rules made by the Commission from time to time, relating to the procedure to be followed in the making, hearing and determination of an appeal made to the Commission and the period fixed within which an appeal should be heard and concluded.

(2) The Commission shall have the power upon such appeal to alter, vary, rescind or confirm an order against which an appeal is made, or to give directions in relation thereto, or to order such further or other inquiry as to the Commission shall seem fit.


(3) The Commission shall cause to be published in the Gazette the rules made by it under paragraph (1) of this Article.

199.       The provisions of Article 223 apply to this Commission.

200.   Upon delegation of any of its powers to a Committee or a public officer appointed under Article 196 or Article 197, as the case may be, the Commission shall not, while such delegation is in force, exercise or perform its functions or duties in regard to the categories of public officers in respect of which such delegation is made, subject to the provisions contained in paragraphs (1) and (2) of Article 198.

 

201.   The quorum for a meeting of the Commission shall be five members.

202.   (1) The Chairman of the Commission shall preside at all meetings of the Commission and in his absence, a member elected by the members present from amongst themselves, shall preside at such meeting. The presiding member shall have a casting vote.

(2) The Commission shall have power to act notwithstanding any vacancy in the membership of the Commission, and no act or proceeding or decision of the Commission shall be invalid or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

 

203.   Subject to the provisions of Article 223 and of Article 164, no court or tribunal shall have power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission, a Committee, or any public officer, in pursuance of any power or duty conferred or imposed on such Commission, or delegated to a Committee or public officer, under this Chapter or under any other law.

204.   (1) The President shall appoint the heads of the Army, the Navy, and the Air Force.

(2) Members of Army, Navy, Air Force, or a Scheduled Public Officer appointed by Judicial Service Commission shall not be regarded as public officers for the purpose of this Chapter.

 

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