Application on Procedure

rules of PSC
 Procedure rules of PSC and E-Code
• Procedure Rules

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 PSC
• The Public Service Commission is established in terms of Article 54 of
Chapter IX of the Constitution of the Democratic Socialist Republic of
Sri Lanka.

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 Powers of PSC
• In terms of Article 55(1) of the Constitution the appointment,
promotion, transfer, disciplinary control and dismissal of Public
Officers is vested in the Public Service Commission subject to Article
55(2), 55(3) and 61F of the Constitution.
• Subject to Article 12(1) of the Constitution the Commission reserves
to itself the right to deviate from rules, regulations and procedure laid
down by the Commission under exceptional circumstances.
• In terms of Article 58(2) of the Constitution the Commission has
power to alter, vary, rescind or confirm an order against which an
appeal made by a Public Officer in terms of Article 58(1) of the
Constitution or to give direction in relation thereto or to order such
further or other inquiry as to the Commission shall seem fit.
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 Powers of PSC
• Where there is difficulty in the interpretation of these rules or their
application, or there arises any contradiction between the
interpretation and the desired objective or their application or on
matters not provided for in these procedural rules the Commission
reserves to itself the right of final determination.
• The Commission in terms of Article 61 B of the Constitution reserves
to itself the right to enact rules, regulations and procedures relating
to the public service and to amend and revoke such rules,
regulations and procedures subject to Article 55(4) of the
Constitution.

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 PSC
• 54. 33[ (1) There shall be a Public Service Commission (in this Chapter
referred to as the “Commission”) which shall consist of nine members
appointed by the President on the recommendation of the
Constitutional Council, of whom not less than three members shall be
persons who have had over fifteen years experience as a public
officer. The President on the recommendation of the Constitutional
Council shall appoint one member as its Chairman
• Period 3 yrs
• Constitution

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 Powers of PSC
• In terms of Article 56(1) of the Constitution the Commission may delegate to a Committee
of three persons (not being members of the commission) appointed by the Commission,
• the power of appointment,
• promotion,
• transfer,
• disciplinary control
• and dismissal of such categories of Public Officers as are specified by the Commission
subject to such conditions and procedure as may be determined by the Commission and
subject to Article 56(2), 56(3), 56(4) and in terms of Article 57(1) the Commission may
delegate to a Public Officer subject to such conditions and procedure as may be
determined by the Commission and subject to Article 57(2) the power of appointment,
promotion, transfer, disciplinary control and dismissal of such categories of Public Officers
as are specified by the Commission.
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 Powers of PSC
• The Commission shall submit its views whenever the Cabinet of
Ministers consults it on appointment, promotion, transfer and
dismissal of Heads of Departments and disciplinary control over them
in terms of Article 55(3) of the Constitution.

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Accountability to Parliament
• . In terms of Article 55(5) the Commission shall be responsible and
answerable to Parliament in accordance with the provisions of the
Standing Orders of Parliament for the exercise and discharge of its
powers and functions and shall forward to Parliament in each
calendar year, a report of its activities for such year.

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Independence
• Subject to the provisions in Article 126 and 59(2) of the Constitution
and in terms of Article 61A of the Constitution,
• no court or tribunal shall have power or jurisdiction to inquire into, or
pronounce upon or in any manner call in question any order or
decision made by the Commission a Committee,
• or any Public Officer, in pursuance of any power or duty conferred or
imposed on such Commission or delegated to a Committee or Public
Officer under Chapter IX of the Constitution or any other law.

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Can Public officer file a case against PSC?

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Appointments in the Public Sector
• Recruitment to Public Sector based on Ethnicity violates Article 12
• Shafeek vs Secretary, PSC
(SC FR 249/96, SCM 19.11.98)
Ethnic quotas in recruitment to the Public service and violates article
12(1) and 12(2)
Necessity to have SOR and Public Advertisement
Dharmalatha Vs Secretary Ministry of Power
(SC FR 237/96 SCM December 1998)

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Procedure Rules
• Issued by the Public Service Commission in terms of Article 61 B and
58 (1) of the Constitution of the Democratic Socialist Republic of Sri
Lanka
• 1589/30 dated 2009/02/20
• PROCEDURAL RULES ON APPOINTMENT, PROMOTION AND
TRANSFER OF PUBLIC OFFICERS AND TO PROVIDE FOR MATTERS
CONNECTED THEREWITH AND INCIDENTAL THERETO

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 Chapters
• Chapter III - Appointment
• Chapter IV- Service Minutes & Schemes of Recruitment
• Chapter V - Persons not qualified for appointment to the Public
Service
• Chapter VI- Terms and Conditions Governing Appointments
• Chapter VIII-Procedure relating to Appointments
• Appointments made by the Public Service Commission
• Appointments made by Authorities with Delegated Power

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• Chapter VIII- Period of Probation, Period of Acting and Confirmation
of Appointment
• Chapter IX- Appointment to act in a post or attend to the duties of a
post
• Chapter X- Efficiency Bar
• Chapter XI-Seniority
• Chapter XII- Release of a Public Officer temporarily or permanently
from the Public Service

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• Chapter XIII- Re-employment of a person retired from the Public
Service
• Chapter XIV-Termination of Employment and Resignation from Public
Service
• Chapter XV- Vacation of Post
• Chapter XVI- Extension of Service and Retirement
• Chapter XVII- Procedure relating to Promotions
• Chapter XVIII -Transfers

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 Thank You

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