The Constitution of the Democratic Socialist Republic of Sri Lanka
61. (1) The quorum for a meeting of the Commission
shall be five members.
47
Procedure at
meetings
(2) All decisions of the Commission shall be made by
a majority of votes of the members present at the meeting.
In the event of an equality of votes, the member presiding at
the meeting shall have a casting vote.
(3) 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.
61A. 43[Subject to the provisions of Article 59 and of
Article 126], 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.
Immunity from
legal proceedings
61B. Until the Commission otherwise provides, all
rules, regulations and procedures relating to the public service
as are in force on the date of the coming into operation of this
Chapter, shall, mutatis mutandis, be deemed to continue in force
as rules, regulations and procedures relating to the public
service, as if they had been made or provided for under this
Chapter.
Savings of rules
and regulations in
force
61C. (1) Every person who, otherwise than in the course
of such person’s lawful duty, directly or indirectly by himself or
by or with any other person, in any manner whatsoever
influences or attempts to influence or interferes with any
decision of the Commission, or a Committee or a public officer
to whom the Commission has delegated any power under this
Chapter, or to so influence any member of the Commission or a
Committee, shall be guilty of an offence and shall on conviction
be liable to a fine not exceeding one hundred thousand Rupees
or to imprisonment for a term not exceeding seven years, or to
both such fine and imprisonment.
Interference with
the Commission
(2) Every High Court established under Article 154P of
the Constitution shall have jurisdiction to hear and determine
any matter referred to in paragraph (1) of this Article.
43 – Substituted by the Nineteenth Amendment to the Constitution Sec. 13 for "Subject to the provisions of Paragraph
(1), (2), (3), (4) and (5) of Article 126”.
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