44 The Constitution of the Democratic Socialist Republic of Sri Lanka (5) A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the Commission for more than two terms. (6) A member of the Commission who without obtaining prior leave of the Commission absents himself from three consecutive meetings of the Commission, shall be deemed to have vacated office with effect from the date of the third of such meetings, and shall not be eligible thereafter to be reappointed as a member of the Commission. 38 [(7) The President may grant a member leave from the of his duties relating to the for a period not exceeding two months and shall, for the duration of 39 [ s u c h period, subject to the provisions of Article 41A], appoint a person qualified to be a member of the Commission, to be a temporary member for the period of such leave.] (8) A member of the Commission shall be paid such emoluments as may be determined by Parliament. The emoluments paid to a member of the Commission shall be charged on the Consolidated Fund and shall not be diminished during the term of office of such member. (9) The Commission shall have the power to act notwithstanding any vacancy in its membership, and no act, proceeding or decision of the Commission shall be or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member. (10) There shall be a Secretary to the Commission who shall be appointed by the Commission. (11) The members of the Commission shall be deemed to be public servants, within the meaning and for the purposes of Chapter IX of the Penal Code. 38 - Substituted by the Nineteenth Amendment to the Constitution Sec. 10(3). 39 - Substituted by the Twentieth Amendment to the Constitution Sec. 8(3) for "such period, on the recommendation of the Constitutional Council”.

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