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MAY 17, 1946
809
CEYLON GOVT. GAZETTE EXTRAORDINARY
Provided that nothing in this Section shall prohibit any person from giving a certificate or testimonial to any applicant or candi- date for any judicial office.
PART VII.
THE PUBLIC SERVICE.
57. Save as otherwise provided in this Order, every person holding office under the Crown in respect of the Government of the Island shall hold office during His Majesty's pleasure.
58.-(1) There shall be a Public Service Commission which shall consist of three persons, appointed by the Governor acting in his discretion, one and only one of whom shall be immediately before appointment, or shall have been, a public officer. The Governor acting in his discretion shall nominate one of the members of the Commission to be the Chairman.
(2) No person shall be appointed as, or shall remain, a member of the Public Service Commission if he is a Senator or a Member of Parliament.
(3) Every person who, immediately before his appointment as a member of the Public Service Commission, is a public officer shall, when such appointment takes effect, cease to hold any paid office previously held by him as a servant of the Crown in respect of the Government of the Island, and shall accordingly cease to be a public officer for the purposes of this Order; and he shall be ineligible for further appointment as a public officer:
Provided that any such person shall, until he ceases to be a member of the Public Service Commission or, while continuing to be such a member, attains the age at which he would, if he were a public officer, be required to retire, be deemed to hold a pensionable office in the service of the Crown in respect of the Government of the Island for the purposes of any written law relating to the grant of pensions, gratuities or other allowances in respect of such service.
(4) Subject to the provisions of subsection (6) of this Section, every person who is appointed to be a member of the Public Service Commission shall, unless he earlier resigns his office or is removed therefrom, hold office for a period of five years from the date of his appointment and shall be eligible for re-appointment.
(5) The Governor acting in his discretion may for cause assigned remove any member of the Public Service Commission from his office.
(6) The Governor acting in his discretion may grant leave from his duties to any member of the Public Service Commission, and may appoint a person qualified to be a member of the Public Service Commission to be a temporary member for the period of such leave.
(7) A member of the Public Service Commission may be paid such salary as may be determined by Parliament. The salary payable to any such member shall be charged on the Consolidated Fund and shall not be diminished during his term of office.
(8) For the purposes of Chapter IX. of the Penal Code, a member of the Public Service Commission shall be deemed to be a public servant.
59. There shall be a Secretary to the Public Service Commission who shall be appointed by the Governor acting on the recommenda- tion of the Commission.
Tenure of
Office in the Public Service.
The Public Service Commission.
Cap. 15.
Secretary to the Public Service Commission.