යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XXIX

 CHAPTER XXIX

 

THE NATIONAL POLICE COMMISSION (NPC)

 

242.       (1) There shall be a National Police Commission (in this Chapter referred to as the “Commission”) consisting of the Inspector General of Police, and other members not less than four and not more than six, appointed by President subject to the provisions of Article 185.

(2) The President shall appoint one member, excluding the IGP for such consideration, as the Chairman of the Commission.

243.       Provisions of Articles 186, 187, 188, 190, 193, 194, 202, 203, 223, and paragraph (2) and (6) of Article 184, paragraph (5) of Article 195 shall apply, mutatis mutandis, to this Commission.

244.       (1) The quorum for a meeting of the Commission shall be five members.

(2) The Commission shall from time to time, make rules for such matters which require rules to be made. Every such rule shall be published in the Gazette.

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

246.       The Commission shall be empowered to:

 

(1)    entertain and investigate complaints from members of the public or any aggrieved person against a police officer or the police force, and shall provide redress in accordance with the provisions of any law enacted by Parliament. For this purpose the Commission may make rules to establish procedures for entertaining and investigating complaints from members of the public or any aggrieved person;

(2)    effect the appointment, promotion, transfer, disciplinary control and dismissal of police officers other than Inspector General of Police:

Provided that Commission shall exercise its powers of promotion, transfer, disciplinary control and dismissal in consultation with Inspector General of Police;

(3)    provide, in consultation with Inspector General of Police, for and determine all matters regarding police officers, including:

(a) the formulation of schemes of recruitment, promotion and transfers, subject to any policy determined by Cabinet of Ministers pertaining to the same;

(b) training and the improvement of the efficiency and independence of the police service;

(c) the nature and type of the arms, ammunition and other equipment necessary for the use of the National Division and the Local Division; and

(d) code of conduct and disciplinary procedures, to which every police officer shall strictly adhere.

 

247.       (1) The Commission may, subject to such conditions and procedures as may be prescribed by the Commission, delegate to Inspector General of Police or in consultation with Inspector General of Police to any Police Officer, its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officers.

(2) The Commission shall cause any such delegation to be published in the Gazette.|

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

(4) Upon any delegation of its powers to Inspector General of Police or police officer under this Article, 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 hereinafter provided.

(5) Where the Commission has delegated under this Article to any police officer its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officers, 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 his delegated powers.

(6) A police officer aggrieved by any order relating to promotion, transfer or any order on a disciplinary matter or dismissal made by a Provincial Police Commission, the Inspector General of Police or a Police Officer referred to in this Article 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.

(7) The Commission shall have the power to alter, vary, rescind or confirm such order upon an appeal made under paragraph (1) of this Article, or to give directions in relation thereto or to order such further or other inquiry, as to the Commission shall deem fit.

(8) 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 respect of such officer, may appeal therefrom to the Administrative Appeals Tribunal established under Article 223, which shall have the power to alter, vary, rescind or confirm any order or decision made by the Commission.

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

 

 යෝජිත ආණ්ඩුක්‍රම ව්‍යවස්ථාව PDF