CHIEF OF DEFENCE STAFF ACT

Arrangement of Sections

1. Short title.

PART I

Appointment of Chief of Defence Staff

2. Appointment of the Chief of Defence Staff.

3. Term of office of the Chief of Defence Staff.

4. Removal of Chief of Defence Staff.

5. Functions of the Chief of Defence Staff.

PART II

Committee of the Chief of Defence Staff

6. Committee of the Chief of Defence Staff.

7. The Chairman to facilitate implementation.

PART III

Staff

8. Staff.

9. Appointment of public officers to the office of the Chief of Defence Staff.

10. Appointment of officers and servants of public corporations to the staff of the office of the Chief of Defence Staff.

PART IV

General

11. Regulations.

12. Rules.

13. Penalty for contravention of regulations or rules.

14. This Act to prevail over other written law.

15. Sinhala text to prevail in case of any inconsistency.

16. Interpretation.

35 of 2009.

AN ACT to provide for the appointment of a person to be the Chief of Defence Staff who shall be responsible for the Co-ordination of activities as between the armed forces and the Ministry of Defence; for the establishment of the Committee of the Chief of Defence Staff; to provide for the functions of the Chief of Defence Staff, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 9th July, 2009]

1. Short title.

(1) This Act may be cited as the Chief of Defence Staff Act. The provisions of this Act, other than this section shall come into operation on such date or dates as the Minister may, by Order published in the Gazette appoint (hereinafter referred to as the "appointed date”).

(2) The provisions of this section shall, in terms of paragraph (1) of Article 80 of the Constitution, come into operation on the date on which the Certificate of the Speaker is endorsed on the Bill.

(3) Different dates may be appointed for bringing into operation different provisions or Parts of this Act.

PART I

Appointment of Chief of Defence Staff

2. Appointment of the Chief of Defence Staff.

(1) The President shall appoint from among the persons presently serving as Commander of the Army, the Commander of the Navy or the Commander of the Air Force as the case may be, an officer to be the Chief of Defence Staff.

(2) The Chief of Defence Staff shall function under the direction, supervision and control of the Secretary to the Ministry of the Minister in charge of the subject of Defence (hereinafter referred to as "the Secretary”).

(3) Where an officer serving as the Commander of the Army, the Commander of the Navy or the Commander of the Air Force as the case may be, is appointed as the Chief of Defence Staff, he shall, upon being so appointed, relinquish his position as the Commander of the Army, the Commander of the Navy or the Commander of the Air Force, as the case may be:

Provided that notwithstanding anything to the contrary contained in the Army Act, the Navy Act and the Air Force Act, the person so appointed as Chief of Defence Staff shall, for so long as he holds such position, continue to be a member of the regular force of the service to which he belonged at the time of his appointment under subsection (1):

Provided further, when such officer relinquishes his position as the Commander of the Army, the Commander of the Navy or the Commander of the Air Force, as the case may be, the officer so appointed shall, from the date of such appointment, be deemed to continue as a member of the regular force of the respective service to which he belonged prior to such appointment, notwithstanding anything to the contrary in the Army Act, the Navy Act or the Air Force Act as the case may be.

(4) The Chief of Defence Staff shall, while so serving in the office of the Chief of Defence Staff, hold the rank of General in the case of an officer of the Army, Admiral in the case of an officer of the Navy, and Air Chief Marshal in the case of an officer of the Air Force.

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OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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