Chapter 8: Public Finance

(1)Parliament shall have full control over public finance. No tax, rate or any other levy shall be imposed by any local authority or any other public authority, except by or under the authority of a law passed by Parliament or of any existing la.

(2) The funds of the Republic not allocated by law to specific purposes shall form one Consolidated Fund into which shall be paid the produce of all taxes, imposts, rates and duties and all other revenues and receipts of the Republic not allocated to specific purposes.

(3) The interest on the public debt, sinking fund payments, the costs, charges and expenses incidental to the collection, management and receipt of the Consolidated Fund and such other expenditure as Parliament may determine shall be charged on the Consolidated Fund

(1) Save as otherwise expressly provided in paragraphs (3) and (4) of this Article, no sum shall be withdrawn from the Consolidated Fund except under the authority of a warrant under the hand of the Minister in charge of the subject of Finance.

(2) No such warrant shall be issued unless the sum has by resolution of Parliament or by any law been granted for specified public services for the financial year during which the withdrawal is to take place or is otherwise lawfully, charged on the Consolidated Fund.

(3) Where the President dissolves Parliament before the Appropriation Bill for the financial year has passed into law, he may, unless Parliament shall have already made provision, authorize the issue from the Consolidated Fund and the expenditure of such sums as he may consider necessary for the public services until the expiry Control of Parliament over public finance Consolidated Fund Withdrawal of sums from Consolidated Fund 150 The Constitution of the Democratic Socialist Republic of Sri Lanka of a period of three months from the date on which the new Parliament is summoned to meet.

(4) Where the President dissolves Parliament and fixes a date or dates for a General Election the President may, unless Parliament has already made provision in that behalf, authorize the issue from the Consolidated Fund and the expenditure of such sums as he may, after consultation with the Commissioner of Elections, consider necessary for such elections.

New one to constitution

New one to constitution

(1)There shall be an Auditor-General who shall be a qualified Auditor, and who shall 133[subject to the approval of the Constitutional Council,] be appointed by the President. The Auditor-General shall hold office during good behaviour.]

(2) The salary of the Auditor-General shall be determined by Parliament, shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(3) The office of the Auditor-General shall become vacant -

(a) upon his death;

(b) on his resignation in writing addressed to the President;

(c) on his attaining the age of sixty years;

(d) on his removal by the President on account of ill health or physical or mental infirmity; or (e) on his removal by the President upon an address of Parliament. 134[(4) Whenever the Auditor-General is unable to discharge the functions of his office, the President may, 135[subject to the approval of the Constitutional Council], appoint a qualified auditor to act in the place of the Auditor-General.]

[153A. (1) There shall be an Audit Service Commission (in this Chapter referred to as the "Commission"), which shall consist of the Auditor-General who shall be the Chairman of the Commission, and the following members appointed by the President on the recommendation of the Constitutional Council:-

(a) two retired officers of the Auditor-General's Department, who have held office as a Deputy Auditor-General or above;

(b) a retired judge of the Supreme Court, the Court of Appeal or the High Court of Sri Lanka; and

(c) a retired Class I officer of the Sri Lanka Administrative Service.

(2) A person appointed as a member of the Commission shall hold office for three years, unless he -

(a) earlier resigns from his office, by letter addressed to the President;

(b) is removed from office as hereinafter provided; or

(c) becomes a Member of Parliament or a member of a Provincial Council or a local authority.

(3) A person appointed as a member of the Commission shall be eligible to be appointed for a further term of office, on the recommendation of the Constitutional Council.

(4) The President may, for cause assigned and with the approval of the Constitutional Council, remove from office any person appointed as a member of the Commission under paragraph (1).

(5) The Chairman and the members of the Commission shall be paid such allowances as are determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be diminished during the term of office of the Chairman or members.

(6) The Chairman and the members of the Commission shall be deemed to be public servants within the meaning and for the purposes of Chapter IX of the Penal Code (Chapter 19).

(7) There shall be a Secretary to the Commission who shall be appointed by the Commission.

(1) The powers of appointment, promotion, transfer, disciplinary control and dismissal of the members belonging to the Sri Lanka State Audit Service, shall be vested in the Commission.

(2) The Commission shall also exercise, perform and discharge the following powers, duties and functions:-

(a) make rules pertaining to schemes of recruitment, the appointment, transfer, disciplinary control and dismissal of the members belonging to the Sri Lanka State Audit Service, subject to any policy determined by the Cabinet of Ministers pertaining to the same;

(b) prepare annual estimates of the National Audit Office established by law; and

(c) exercise, perform and discharge such other powers, duties and functions as may be provided for by law. Meetings of the Commission Powers and functions of the Commission

(3) The Commission shall cause the rules made under paragraph (2) to be published in the Gazette.

(4) Every such rule shall come into operation on the date of such publication or on such later date as may be specified in such rule.

(5) Every such rule shall, within three months of such publication in the Gazette be brought before Parliament for approval. Any rule 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.