යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XXXVIII

 CHAPTER XXXVIII

 

GENERAL

 

308.       (1) No person shall, directly or indirectly, in or outside Sri Lanka support, espouse, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.

(2) Any person who acts in contravention of the provisions

of paragraph (1) shall, on conviction by Court of Appeal, after trial on indictment and according to such procedure as may be prescribed by law:

(a) be subject to Civic Disability for such period not exceeding five years as may be determined by such Court;

(b) be subject to being forfeited of his movable and immovable property other than such property as is determined by an order of such Court as being necessary for the sustenance of such person and his family;

(c) if he is President, Vice President, Governor, Member of Parliament,  Local Member, Judge of a court, member of Constitutional Council or independent Commission, or any person serving the public service, cease to hold such office or position;

(d) not be entitled to Civic Rights for such period not exceeding five years as may be determined by such Court.

309.       (1) No political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.

(2) Where any political party or other association or organization has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka, any person may make an application to Court of Appeal for a declaration that such political party or other association or organization has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka. The Secretary or other officer of such political party or other association or organization shall be made a respondent to such application.

(3) Where Court of Appeal makes a declaration under paragraph (2) in relation to any political party or other association or organization, in pursuance of an application made to it under that paragraph:

(a) that political party or other association or organization shall be deemed, for all purposes to be prescribed and any member of such political party or other association or organization, who is a Member of Parliament or a Local Council shall be deemed to have vacated his seat in Parliament or Local Council with effect from the date of such declaration, and any nomination paper submitted by such political party or other association or organization shall be deemed for all purposes to be invalid;

(b) any person who holds office or is a member of that political party or other association or organization, shall be guilty of an offence and shall, on conviction, by Court of Appeal after trial on indictment and according to such procedure as may be prescribed by law:

(i) be subject to Civic Disability for such period not exceeding five years as may be determined by such Court;

(ii) be subject to being forfeited of his movable and immovable property other than such property as is determined by an order of such Court as being necessary for the sustenance of such person and his family;

(iii) be subject to be removed of such person from his position or office with the effect that such person shall not be appointed or serving in any such position or office during the next seven years;

(iv) not be entitled to Civic Rights for such period not exceeding five years as may be determined by such Court;

310.       The execution of any punishment imposed under Articles 308 and 309 shall not be stayed or suspended pending the determination of any appeal against such punishment or the conviction in consequence of which such punishment was imposed.

311.       (1) “Civic Rights” mean:

(a) the right to obtain a passport;

(b) the right to sit for any public examination;

(c) the right to own any immovable property;

(d) the right to engage in any trade or profession which requires a license, registration or other authorization, by or under any written law;

(2) “Civic Disability” means:

(a) disqualification of being an elector of General Election or having his name entered or retained in any Register of Electors;

(b) disqualification of being a Member of Parliament, a Local Member, President, Vice President, Governor or being a Candidate for such office or position;

(c) disqualification to be appointed to or employed in any State service;

(3) Either imposition of Civic Disability or deprivation of Civic Rights shall be not more than five years:

Provided that if Civic Disability automatically operates as per provisions of paragraph 14(14), such duration of imprisonment shall not be counted towards the duration of five years as in this paragraph.

312.       All existing written law and unwritten law shall be invalid and non-operative if any inconsistency with the provisions of this Constitution:

Provided that within a month of the commencement of this Constitution, President shall establish a commission consisting of not more than five members, appointed under the hand of President, who have distinguished themselves in the fields of law or human rights, of whom one shall be appointed Chairman by President, to examine all existing laws and report to President as to whether any such law is inconsistent with the provisions of this Constitution; and President shall advise Prime Minister and Cabinet of Ministries to amend the existing laws in accordance with the recommendations in such report;

Further provided that competent courts in consultation with Supreme Court shall give a ruling if any inconsistency arises in any course of proceedings in such courts until Parliament or State Assembly, as the case may be, amends the existing laws to be consistent with the provisions of this Constitution.

313.       President, Vice President, and Prime Minister shall not be from Close Family Members as defined in paragraph 136(2).

314.       (1) President before State Assembly; Vice President, Governors, Judges of Supreme Court , Court of Appeal, and High Courts, and members of Constitutional Council and independent Commissions before President; Members of Parliament before Speaker; Members of Local Councils before Governor; other Judges and Attorneys-at-law before Chief Justice; all  heads of State entities before the Minister in charge or Chief Minister, as the case may be; and all other Administrative Officials and public servants before the head of such State entity, shall make and subscribe to an oath, before the accede to such office or position, in the form set out in the Fourth Schedule.

(2) Every person mentioned in the paragraph (1) of this Article shall be required to make and subscribe to such oath with this Constitution coming into action, and shall cease to hold such office or position if he refuses to make and subscribe to such oath upon the appointment or within a certain period of time for persons already in public service.

315.       Where any person is empowered under the provisions of the Constitution to delegate any power, duty or function to any other person, such person delegating such power, duty or function may, notwithstanding such delegation, exercise, perform or discharge such power, duty or function and may at any time revoke such delegation.