REMOVAL OF OFFICERS (PROCEDURE) ACT

Arrangement of Sections

1. Short title.

2. Holders of certain offices not to be removed except in accordance with the procedure set out in this Act.

3. Grounds of removal of persons holding offices referred to in section 2.

4. Removal on grounds referred to paragraphs (a), (b), (c) or (h) of section 3.

5. Procedure to be followed for removal in certain cases.

6. Constitution of the Committee.

7. Chairman to preside at sittings.

8. Functions of the Committee.

9. Powers of the Committee.

10. Immunity of witnesses before the Committee.

11. Summons.

12. Contempt of Committee.

13. Officers and servants to assist the Committee.

14. Officers and servants to be public servants.

15. Immunity from suit.

16. Officers and servants to be Scheduled officers.

17. Resolution for removal.

18. Removal.

19. Sinhala text to prevail in case of inconsistency.

20. Interpretation.

5 of 2002.

AN ACT to provide for the procedure to be followed for the removal of persons appointed to certain offices specified in Part II of the Schedule to Article 41C of the Constitution, and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 26th March, 2002]

1. Short title.

This Act may be cited as the Removal of Officers (Procedure) Act.

2. Holders of certain offices not to be removed except in accordance with the procedure set out in this Act.

The holders of the office of—

(a) the Attorney-General;

(b) the Inspector-General of Police,

shall not be removed from such office, except in accordance with the procedure as set out hereinafter in this Act.

3. Grounds of removal of persons holding offices referred to in section 2.

The persons appointed to the offices referred to in section 2
may be removed from office on any one or more of the following grounds:

(a) being adjudged an insolvent by a court of competent jurisdiction;

(b) being unfit to continue in office by reason of ill health or physical or mental infirmity;

(c) being convicted of an offence involving moral turpitude, treason or bribery;

(d) being found guilty of misconduct or corruption;

(e) being found guilty of gross abuse of power of his office;

(f) being found guilty of gross neglect of duty;

(g) being found guilty of gross partiality in office, or

(h) ceasing to be a citizen of Sri Lanka.

4. Removal on grounds referred to paragraphs (a), (b), (c) or (h) of section 3.

(1) The removal of the holder of either of the offices specified in section 2 on any one or more of the grounds referred to in paragraphs (a), (b), (c) or (h) of section shall be by the President.

(2) In the exercise of the power referred to in
subsection (1), the President shall take into consideration such evidence whether oral or written, which in the opinion of the President is adequate to support the existence of the grounds referred to in that subsection.

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