154
The Constitution of the Democratic Socialist Republic of Sri Lanka
Continuation in
office of Judges,
public officers and
others
who
164. Subject to the provisions of Article 163 every person
the
of the Constitution (a)
held office in any court or tribunal deemed, by
virtue of the provisions of paragraph (2) of
Article 105, to be a court or tribunal created and
established by Parliament,
(b)
was in the service of the Republic, any local
authority or any Public Corporation,
(c)
held office in any
Public Corporation, or
(d)
held any appointment under any existing written
law,
local
authority
or
shall continue in such service or hold such office
or appointment under the same terms and conditions.
Oath or
affirmation to be
taken or made by
public officers and
others
165. (1) Every public officer, judicial officer and every
other person as is required by the Constitution to take an oath or
make an affirmation on entering upon the duties of his office,
every holder of an office required under the existing law to take
an official oath and every person in the service of every local
authority and of every Public Corporation shall take and
subscribe the oath or make and subscribe the affirmation set out
in the Fourth Schedule. Any such public officer, judicial officer,
person or holder of an office failing to take and subscribe such
oath or make and subscribe such affirmation after the
commencement of the Constitution on or before such date as
may be prescribed by the Prime Minister by Order published in
the Gazette shall cease to be in service or hold office.
(2) The Minister in charge of the subject of Public
Administration may, in his sole discretion, permit any public
officer, judicial officer, person or holder of an office referred to
in paragraph (1) of this Article, to take the oath or make the
affirmation referred to in that paragraph after the prescribed
date if he is satisfied that the failure to take the oath or make the
affirmation within the time prescribed was occasioned by
illness or some other unavoidable cause. On his taking such
oath or making such affirmation, he shall continue in service or
hold office as if he had taken such oath or made such
affirmation within the time prescribed under paragraph (1) of
this Article.
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