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The Constitution of the Democratic Socialist Republic of Sri Lanka
President's staff
41. (1) The President shall have the power to appoint such
Secretaries, and, in consultation with the Cabinet of Ministers,
such other officers and staff as are in his opinion necessary to
assist him in the exercise, performance and discharge of the
powers, duties and functions of his office, and to determine their
terms and conditions of service.
(2) The salaries of such Secretaries, officers and staff
shall be charged on the Consolidated Fund.
(3) Such Secretaries, officers and staff shall be deemed
to be public officers except that the dismissal and disciplinary
control of such Secretaries, officers and staff shall be vested
in the President, who may delegate to any such Secretary his
powers of dismissal and disciplinary control in respect of any
such officers or staff.
(4) Every such Secretary, officer or member of the staff
shall cease to hold office upon a new President assuming office.
(5) Where any such Secretary, officer or member of the
staff so ceases to hold office, the Cabinet of Ministers may
appoint such Secretary, officer or member of the staff to any
post in the Public Service:
Provided that any such Secretary, officer or member of
the staff who immediately prior to his appointment as
Secretary, officer or member of the staff was in the Public or
Local Government Service or in the service of a public
corporation shall be entitled to revert to such service without loss
of seniority upon a new President assuming office.
(6) The proviso to paragraph (5) of
Article shall,
mutatis mutandis, apply to any person referred to in that proviso
upon –
(a) the President terminating the services of such
person, otherwise than by dismissal on
disciplinary grounds; or
(b) the resignation of such person, unless
disciplinary proceedings are pending or
contemplated against such person on the date of
his resignation.
(7) For the purposes of paragraphs (5) and (6) of this
Article any person who has continuously held the office of
Secretary to the President, Secretary to any Ministry or any
office in the President’s staff or any one or more of such offices
shall be deemed to have continuously held the office which
such person last held.