Police Commission ACT

Arrangement of Sections

1. Short title.

2. National Police Commission.

3. Appointment of officers of the National Division vested in Commission.

4. Delegation.

5. Functions of National Police Commission.

6. Cadres and training of Police Officers.

7. Appeal.

8. Powers of Commission on appeal.

9. Provincial Police Commission.

10. Power of Provincial Police Commissions.

11. Delegation.

12. Interference with National or Provincial Police Commission.

13. Investigations of offences.

14. National Division to assist Division.

15. Metropolitan.

16. The exercise of powers by Provincial Division outside the Province.

17. Provincial Division to assist National Division.

18. Powers to issue directions.

19. Powers of Chief Minister in relation to Deputy Inspector-General of the Province.

20. Sinhala text to prevail in the event of inconsistency.

1 of 1990.

AN ACT to provide for the establishment of a National Police Commission, a provincial Police Commission for each province; and for matters connected therewith or incidental thereto.

[Date of Commencement: 23rd January, 1990]

1. Short title.

This Act may be cited as the Police Commission Act.

2. National Police Commission.

(1) There shall be a National Police Commission consisting of—

(a) the Inspector-General of Police who shall act as Chairman of the Commission;

(b) one person nominated by the Public Service Commission, in consultation with the President; and

(c) one person nominated by the Chief Justice.

(2) No person shall be nominated, or continue, as a member of the National Police Commission if he is a Member of Parliament, a Member of a Provincial Council or a Member of a Local Authority.

(3) Where a nominated member of the Commission is by reason of illness, absence from Sri Lanka or other cause is temporarily unable to perform the duties of his office the Nominating Authority may nominate some other person to act in his place.

(4) Every member of the National Police Commission nominated under paragraph (b) or paragraph (c) of subsection (1) shall hold office for a period of three years from the date of his nomination, unless he earlier resigns his office by writing under his hand addressed to the Public Service Commission or the Chief Justice, as the ease may be.

(5) Every member of the National Police Commission nominated under paragraph (b) or paragraph (c) of subsection (1) who prior to his nomination as a member of the Commission, was a public officer or judicial officer shall, with effect from the date of nomination, cease to hold such office and shall, so long as he is a member of the Commission cease to engage in any occupation, profession trade or business which is likely to prejudicially affect, the discharge by such member, of his functions as a member of the Commission.

(6) A member of the National Police Commission shall be paid such allowance as may be determined by Parliament. The allowance payable to any such member shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(7) There shall be a secretary to the National Police Commission who shall be appointed by the Commission.

(8) The quorum for any meeting of the Commission shall be two members.

(9) Subject to the provisions of subsection (8), the National Police Commission shall have power to act notwithstanding any vacancy in its membership and no act or proceeding of the Commission shall be, or deemed to be invalid by reason of any such vacancy or any defect in the appointment of a member.

(10) For the purposes of Chapter IX of the Penal Code a member of the National Police Commission shall be deemed to be a public servant.

3. Appointment of officers of the National Division vested in Commission.

Subject to the provisions of Appendix 1 of List 1 of Ninth Schedule to the Constitution, the appointment, transfer, dismissal and disciplinary control of Police Officers of the National Division of the Sri Lanka Police Force is hereby vested in the National Police Commission.

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