PUBLIC SECURITY ORDINANCE

Arrangement of Sections

PART I

GENERAL

1. Short title.

2. Power of President to bring Part II into operation.

3. Presumption as to existence or imminence public emergency.

4. Saving provisions applicable on cessation of operation of Part II.

PART II

EMERGENCY REGULATIONS

5. Power of President to make emergency regulations.

6. Delegation of powers.

7. Emergency regulations to prevail over other law.

8. Regulations, orders not to be called in question in any court.

9. Protection in respect of acts done in good faith under any emergency regulation or any order or direction thereunder.

10. Reception of documents in evidence.

11. Regulations to come into force upon being made by the President.

PART III

SPECIAL POWER OF THE PRESIDENT

12. Calling out the armed forces.

13. Seizure and removal of guns and explosives.

14. Seizure and removal of offensive weapons and offensive substances from persons in a public place.

15. Disposal of guns, explosives and other articles or substances seized and removed under this Part.

16. Curfew.

17. Essential services.

18. Offenders under section 16 or section 17 may be arrested without warrant.

19. Section 15 (2) of the Code of Criminal Procedure Act, No. 15 of 1979, not to apply to offenders under section 16 or section 17.

20. Persons arrested by members of the armed forces to be delivered to the custody of the police.

21. Provisions in regard to Order made under this Part.

22. The Provisions of this Part and of any Order made thereunder to prevail over all other law.

23. Protection in respect of acts done in good faith under any provision of this Part or of any Order thereunder.

24. Interpretation of expressions used in this Part.

25 of 1947,

6 of 1978,

22 of 1949,

34 of 1953,

8 of 1959,

28 of 1988.

AN ORDINANCE to provide for the enactment of emergency regulations or the adoption of other measures in the interests of the public security and the preservation of public order and for the maintenance of supplies and services essential to the life of the community.

[Am by s 2 of Act 8 of 1959.]

[Date of Commencement: 16th June, 1947]

PART I

GENERAL

1. Short title.

This Ordinance may be cited as the Public Security Ordinance.

2. Power of President to bring Part II into operation.

(1) Where, in view of the existence or imminence of a state of public emergency, the President is of opinion that it is expedient so to do in the interests of public security and the preservation of public order or for the maintenance of supplies and services essential to the life of the community, the President may, by Proclamation published in the Gazette, declare that the provisions of Part II of this Ordinance shall, forthwith or on such date as may be specified in the Proclamation, come into operation throughout Sri Lanka or in such part or parts of Sri Lanka as may be so specified.

[S 2 (1) am by s 3 of Act 8 of 1959.]

(2) Where the provisions of Part II of this Ordinance have come into operation on any date by virtue of a Proclamation under subsection (1), those provisions shall, subject to the succeeding provisions of this section, be in operation for a period of one month from that date, but without prejudice to the earlier revocation of the Proclamation or the making of a further Proclamation at or before the end of that period.

[S 2(2) subs by s 2 of Law 6 of 1978.]

(2A) —

(a) Where a further Proclamation is made under subsection (2) of section 2, at or before the expiration of a Proclamation made under that section, every—

(i) regulation made under section 5; and

(ii) every order and rule made under any such regulation, and in force, or deemed to be in force, on the day immediately preceding the coming into operation of such further Proclamation shall be deemed to be in force, from and after the date of the coming into operation of such further Proclamation:

Provided that the President may at any time prior to the coming into operation of such further Proclamation by Order declare that on the coming into operation of such further Proclamation, any such regulation, Order or rule as is specified in such Order, shall not be deemed to be in force, or shall be deemed to be in force, subject to such amendments, or modifications as are set out in such Order.

(b) Nothing in this section shall prejudice the power of the President to make regulations under section 5 during the continuance of a Proclamation under section 2, or to amend, vary or revoke any such regulation, Order or rule in force, or deemed to be in force.

[S 2(2A) ins by s 2 of Act 28 of 1988.]

(3) Where a Proclamation is made under the preceding provisions of this section, the occasion thereof shall forthwith be communicated to Parliament, and, if Parliament is then separated by any such adjournment or prorogation as will not expire within ten days, a Proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit upon the day appointed by that Proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day.

The fact that the occasion of making of a Proclamation under subsection (1) cannot be communicated to Parliament by reason that Parliament does not meet when summoned to meet as provided by this subsection shall not in any way affect the validity or operation of that Proclamation or of the provisions of Part II of this Ordinance or anything done under that Part:

Provided that in such event, Parliament shall again be summoned to meet as early as possible thereafter.

(4) Where the provisions of Part II of this Ordinance have come into operation on any date by virtue of a Proclamation made under subsection (1), such Proclamation shall expire after a period of fourteen days from the date on which the provisions of that Part shall have come into operation, unless such Proclamation is approved by a resolution of Parliament:

Provided that if—

(a) Parliament stands dissolved at the time the provisions of that Part come into operation, or

(b) Parliament is at such time separated by any such adjournment or prorogation as is referred to in subsection (3), or

(c) Parliament does not meet when summoned to meet as provided by subsection (3) of this section or Article 155 of the Constitution,

then such Proclamation shall expire at the end of a period of ten days from the date on which Parliament shall next meet and sit, unless approved by a resolution of Parliament at such meeting.

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