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PART IV: General

28.   (1) Where a person is arrested or detained under the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 or a regulation made under the Public Security Ordinance, (Chapter 40) it shall be the duty of the person making such arrest or order of detention, as the case may be, to forthwith and in any case, not later than forty-eight hours from the time of such arrest or detention, inform the Commission of such arrest or detention as the case may be and the place at which the person so arrested or detained is being held in custody or detention.  Where a person so held in custody or detention is released or transferred to another place of detention, it shall be the duty of the person making the order for such release or transfer, as the case may be, to inform the Commission of such release or transfer, as the case may be, and in case of a transfer, to inform the Commission of the location of the new place of detention. 

(2) Any person authorized by the Commission in writing may enter at any time, any place of detention, police station, prison or any other place in which any person is detained by a judicial order or otherwise, and make such examinations therein or make such inquiries from any person found therein, as may be necessary to ascertain the conditions of detention of the persons detained therein. 

(3) Any person on whom a duty is imposed by subsection (1), and who willfully omits to inform the Commission as required by subsection (1), or who resists or obstructs an officer authorized under subsection (1) in the exercise by that officer of the powers conferred on him by that subsection, shall be guilty of an offence and shall, on conviction after summary trial by a Magistrate, be liable to imprisonment for a period not exceeding one year or to a fine not exceeding five thousand rupees, or to both such fine and imprisonment.

 

29.   (1) The State shall provide the Commission with adequate funds to enable the Commission to discharge the functions assigned to it by this Act. 

(2) The Commission shall cause proper accounts to be kept of its income and expenditure, and assets and liabilities. 

(3) The financial year of the Commission shall be the calendar year. 

(4) Article 154 of the Constitution shall apply to the audit and accounts of the Commission. 

30.   The Commission shall submit an annual report to Parliament of all its activities during the year to which the report relates.  Such report shall contain a list of all matters referred to it, and the action taken in respect of them along with the recommendations of the Commission in respect of each matter.  The Commission may, whenever it considers it necessary to do so, submit periodic or special reports to Parliament in respect of any particular matter or matters referred to it, and the action taken in respect thereof.

 

31.   (1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Act, or in respect of any matter which is required by this Act to be prescribed, or in respect of which regulations are required to be made. 

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations prescribing the procedure to be followed in the conduct of investigation under this Act. 

(3) Every regulation made by the Minister shall be published in the Gazette, and shall come into operation on the date of such publication, or on such later date as may be specified in the regulation. 

(4)     Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval.  Any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to anything previously done thereunder. 

(5)     Notification of the date of which any regulation is so deemed to be rescinded shall be published in the Gazette.

 

32.   In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

 

33.   In this Act, unless the context otherwise requires –

         “fundamental right”  means a fundamental right declared and recognized by the Constitution;

  “head of the institution” in relation to –

(a)       a public officer serving in a Government department, means the head of that department, or where such public officer is the head of that department means the Secretary to the Ministry to which that department has been assigned;

(b)       a public officer who is serving in a Ministry means the Secretary to the Ministry, or where such public officer is the Secretary means the Minister in charge of that Ministry;

(c)       a scheduled public officer, means the Judicial Service Commission, appointed under Article 112 of the Constitution;

(d)       any other public officer, means the principal executive officer under whose general direction and control that public officer is serving;

(e)       an officer of a public corporation, local authority or other like institution, means the principal executive officer of that public corporation, local authority or other like institution or where such officer is the principal executive officer of that public corporation, local authority or institution, means the Secretary to the Ministry under which such public corporation, local authority or institution functions;

 

“human right” means a right declared and recognized by the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights; 

“institution”  includes a Government department, public corporation statutory board or commission, local authority, Government-owned business undertaking and a company, the majority of the shares of which are held by the Government; 

“local authority”  means any Municipal Council, Urban Council or Pradeshiya Sabha and includes any authority created or established by or under any law, to exercise, perform and discharge powers, duties and functions corresponding or similar to, the powers, duties and functions exercised, performed and discharged by any such Council or Sabha; 

“public corporation” means any corporation, board or other body which was, or is established by or under any written law other than that Companies Act, No. 17 of 1982, with funds or capital wholly or partly provided by the Government, by way of grant, loan or otherwise.

Posted on 2002-08-25



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