The Constitution of the Democratic Socialist Republic of Sri Lanka 78 [(4) (a) The Commission shall have the power during the period of an election, to prohibit the use of any movable or immovable property belonging to the State or any public corporation (i) for the purpose of promoting or preventing the 79[election of any candidate or any political party] or independent group contesting at such election; (ii) by any candidate or any political party or any independent group contesting at such election, by a direction in writing by the Chairman of the Commission or of the Commissioner General of Elections on the instructions of the Commission. (b) It shall be the duty of every person or officer in whose custody or under whose control such property is for the time being, to comply with, and give effect to, such direction. 80 [(4a) For the avoidance of doubt it is stated that any guideline issued by the Commission during the period commencing on the date of the making of an Order for the holding of an election or the date of the making of a Proclamation requiring the conduct of the Referendum, as the case may be, shall – (a) be limited to matters which are directly connected with the holding of the respective election or the conduct of the respective Referendum, as the case may be; and (b) not be connected directly with any matter relating to the public service or any matter within the ambit of administration of the Public Service Commission or the Judicial Service Commission, as the case may be, appointed under the Constitution.] (5) (a) The Commission shall have the power to issue from time to time, in respect of the holding of any election or the conduct of a Referendum, such guidelines as the Commission may consider appropriate, to any broadcasting or telecasting operator or any proprietor or publisher of a newspaper, as the case may be, as the Commission may consider necessary to ensure a free and fair election. 81 [(b) It shall be the duty of any broadcasting or telecasting operator or any proprietor or publisher of a newspaper, as the case may be, to take all necessary steps to ensure compliance with any guidelines as are issued to them under paragraph (a).] 78 - Substituted by the Nineteenth Amendment to the Constitution Sec. 23 for paras (4),(4a) and (5). 79 - Substituted by the Twentieth Amendment to the Constitution Sec. 19(1). 80 - Inserted by the Twentieth Amendment to the Constitution Sec. 19(2). 81 - Substituted by the Twentieth Amendment to the Constitution Sec. 19(3). 83

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