Constitution

Sri Lanka 1978 Constitution (reviewed 2015)

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Table of Contents

APPENDIX I. Law and Order

    1. The subject devolved shall be described as follows:–Public Order and the exercise of Police powers as set out in this Appendix within the Province, but not including –
      1. national defence;
      2. national security; and
      3. the use of any armed forces or any other forces under the control of the Government of Sri Lanka in aid of the civil power.
    2. The I. G. P. shall be the head of the Sri Lanka Police Force, The Sri Lanka Police Force shall be divided into –
      1. the National Division (including Special Units); and
      2. a Provincial Division for each Province.
      3. The National Division shall consist of the I. G. P., (D. I. G. G.., SS. PP., ASPP.,) and other ranks recruited at the national level.
      4. A Provincial Division shall consist of the D.I.G., S.S.PP., S.PP and A.S.PP., all seconded from the National Division and Provincial Assistant Superintendents of Police, Chief Inspectors, Inspectors, Sub-Inspectors, Sergeants and Constables recruited in the Province. Members of the Provincial Division shall be eligible for promotion to the National Division.
    3. Recruitment to the National Police Division and promotion of Police Officers in the Provincial Divisions to the National Division, shall be made by the National Police Commission.
      1. The National Police Commission shall, before promoting any police officer serving in any Provincial Division to the National Division, call for a Confidential Report on such Officer from the relevant Provincial Police Commission and take the matters specified in such report into consideration in deciding whether to promote such Officer or not.
      2. The Commission shall also be responsible for promotions, transfers and disciplinary control of members of the National Division other than the I.G.P. subject to paragraph 4:1 below.
      3. It shall hear and determine appeals from officers seconded to Provincial Divisions against whom disciplinary action has been taken by Provincial Police Commissions.
      4. It shall set standards for recruitment and promotion of Police Officers of all Divisions and such standards shall be uniform for all Provincial Divisions.
    4. Recruitment to each Provincial Division shall be made by a Provincial Police Commission composed of three members, namely
      1. the D. I. G. of the Province;
      2. a person nominated by the Public Service Commission in consultation with the President; and
      3. a nominee of the Chief Minister of the Province.
      4. A Provincial Police Commission shall be responsible for transfers, promotions and disciplinary control over officers in the Provincial Division; for promotion of Officers of the National Division seconded to the Provincial Division up to the rank of S.S.P.; and for transfer and disciplinary control over officers seconded to the Provincial Division, except the D.I.G.:Provided that any Officer of the National Division seconded to any Provincial Division against whom disciplinary action has been taken by a Provincial Police Commission, shall have the right to appeal to the National Police Commission, whose decision on such appeal shall be final.
    5. The National Police Commission or a Provincial Police Commission shall be entitled to delegate such of its powers as may be prescribed to such other person or authority as may be prescribed.
    6. The I.G.P. shall appoint a D.I.G. for each Province with the concurrence of the Chief Minister of the Province. However, where there is non-agreement between the Inspector-General of Police and the Chief Minister, the matter will be referred to the National Police Commission, who, after due consultations with the Chief Minister, shall make the appointment.
    7. The cadres of Police Officers of all ranks of the National Division shall be fixed by the Government of Sri Lanka. The cadre of Officers and other ranks of each Provincial Division shall be fixed by the Provincial Administration with the approval of the National Police Commission, having regard to –
        1. the area of the Province;
        2. population of the Province; and
        3. such other criteria, as may be agreed to or prescribed.

      These principles shall be uniformly applied to all Provincial Divisions.

      1. The cadres of the Provincial Divisions shall be fixed on ascertained principles such as population, area, number of Police Stations involved and other relevant considerations. These principles shall be applied to all Provincial Divisions without distinction.
      2. The salary scales and perquisites of office enjoyed by the various ranks in the National and Provincial Divisions shall be determined by the Government of Sri Lanka after consultation with the Chief Ministers of the Provinces. The salary scales and perquisites of office as enjoyed by members of the Provincial Divisions shall apply uniformly to all Provincial Divisions.
    8. The nature, type and quantity of fire-arms and ammunition and other equipment for the National Division shall be determined by the National Police Commission. The nature, type and quantity of fire-arms and ammunition and other equipment for all Provincial Divisions shall be determined by the National Police Commission after consultation with the Provincial Police Commission and uniform standards and principles shall be applied for all Provincial Divisions.
    9. Recruitment to the National Division shall be made at the ranks of P. C., S.I., and A.S.P.,. Recruitment to the Provincial Division shall be made at the ranks of P.C., S.I., and P.A.S.P (rank referred to in paragraph 2:2 above).
      1. Recruitment to the National Division shall be made by the National Police Commission and recruitment to the Provincial Division shall be made by the Provincial Police Commission having regard to the standards of recruitment and other criteria prescribed in this behalf:Provided also that a recruit may, on appointment, set out his preferences as to the Division in which he wishes to serve and that he shall, if possible, be posted to the Division of his choice, with the consent of the Division concerned.
      2. The Government of Sri Lanka shall be responsible for the training of all recruits to and of members of all Divisions of the Sri Lanka Police Force.The National Police Commission may, where he considers it necessary provide for alternate training for members of any Provincial Division.
    10. Members of the National Division and the Provincial Divisions shall wear the same uniforms and insignia of rank, provided that uniforms of the members of each Division shall bear a distinctive shoulder flash, indicating the Division to which he belongs.
      1. There shall be one uniformed police force in each Province, comprising of the members of the Provincial Division and the officers seconded thereto. Members of the National Division shall ordinarily be in plain clothes provided that they may wear uniforms when performing any duties in respect of the maintenance or restoration of public order as set out in paragraph 12:2, 12:3 and 12:4. Provided also that the I.G.P. and such other Officers as may be specified shall ordinarily be attired in uniforms.
    11. All Police Officers serving in units of the National Division and Provincial Divisions in any Province shall function under the direction and control of the D. I. G. of such Province.
      1. The D. I. G. of the Province shall be responsible to and under the control of the Chief Minister thereof in respect of the maintenance of public order in the Province and the exercise of police powers in the Province as set out in this Schedule.
      2. The provisions of paragraph 11:1 above are subject to the qualifications that –
        1. upon the declaration of an emergency in the Province, the President may assume such powers and responsibilities of the Chief Minister and the Provincial Administration in respect of public order within the Province as he may, by regulation, provide; and
        2. where the President is of the opinion that the security of or public order in a Province is threatened by grave internal disturbance, he may, without the declaration of an emergency, but in consultation with the Chief Minister of such Province and subject to the provisions of the Public Security Ordinance, by order, deploy in aid of the civil power, any unit of the National Division, in the Province for the purpose of restoring public order:Provided that every such order shall cease to be in force as soon as the President is satisfied that Public order has been restored or on the expiry of thirty days from the date of the order, whichever is earlier.

12

    1. The Provincial Division shall be responsible for the preservation of public order within the Province and the prevention, detection and investigation of all offences (except the offences specified in the Schedule) and subject to the powers of the Attorney-General in terms of the Code of Criminal Procedure Act, the institution of prosecutions in the relevant Courts in respect of such offences.The National Division of the Sri Lanka Police Force shall be responsible for the prevention, detection and investigation of all offences specified in the Schedule and subject to the powers of the Attorney-General in terms of the Code of Criminal Procedure Act, for the institution of prosecutions in the relevant Courts in respect of such offences.
    2. Where the Chief Minister seeks the assistance of the National Division to preserve public order within a Province, the I.G.P. shall deploy such personnel of the National Division as are necessary for the purpose and place them under the control of the D. I. G. of the Province.
    3. Where a State of Emergency is declared in the Province, the I.G.P. may deploy such units of the National Division as he deems necessary in any Province for the restoration and maintenance of public order within such Province.
    4. Any offence which may ordinarily be investigated by a Provincial Division may be investigated by the C.I.D. or any other unit of the National Division –
      1. where the Chief Minister requests, that such investigation be undertaken by the C.I.D. or any other unit of the National Division; and
      2. where the I.G.P. is of opinion that an investigation of such offence by the C.I.D. or any other unit of the National Division is necessary, in the public interest and directs, after consultation with the Chief Minister and the approval of the Attorney-General, that such offence be investigated by the C.I.D. or any other unit of the National Division.
  2. The National Division shall perform all the functions vested in a Provincial Division, in any Province, for a period of one year or until a Provincial Division is established in such Province, whichever is earlier.
  3. All Gazetted officers of the National Division and Provincial Division shall be required to attain the prescribed standard in Sinhala and Tamil. All Officers of the rank of A.S.P. and above shall also be required to attain the prescribed standard of English.Every recruit to the Sri Lanka Police Force shall have proficiency in his mother tongue. For the first promotion he shall acquire proficiency in a language other than his mother tongue. For the next promotion he shall acquire a knowledge of the third language. The three languages recognized for this purpose are Sinhala, Tamil and English.

SCHEDULE. List of Offences to be investigated by the National Police

  1. Offences against the State.
  2. Offences relating to the Navy, Army and Air Force.
  3. Offences relating to the Elections.
  4. Offences relating to Coins, Currency and Government Stamps.
  5. Any Offence committed against the President.
  6. Any Offence committed against a Public Officer, a Judicial Officer, or the Speaker, or the Prime Minister or a Minister, or a Member of the Judicial Service Commission, or a Member of the Public Service Commission or a Deputy Minister or a Member of Parliament or the Secretary-General of Parliament or a Member of the President’s Staff or a Member of the Staff of the Secretary-General of Parliament.
  7. Any Offence relating to property belonging to the State or a State Corporation or Company or Establishment, the whole or part of the capital whereof has been provided by the State.
  8. Any Offence prejudicial to National Security or the maintenance of Essential Services.
  9. Any Offence under any law relating to any matter in the Reserve List other than such offences as the President may, by order published in the Gazette, exclude.
  10. Any Offence in respect of which Courts in more than one Province have jurisdiction.
  11. International Crimes.

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