Parliament (Powers And Privileges) (Amendment)

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Published: 1997

Parliament (Powers And Privileges) (Amendment)
Parliament (Powers And Privileges) (Amendment)




AN ACT TO AMEND THE PARLIAMENT (POWERS AND PRIVILEGES) ACT








BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-



[17th October

, 1997 ]













Short title.



1. This Act may be cited as the Parliament (Powers and Privileges) (Amendment) Act, No. 27 of 1997.



) Amendment of section 22 of Chapter 383.



2. Section 22 of the Parliament (Powers and Privileges) Act, (hereinafter referred to as the "principal enactment") as amended by Law No. 5 of 1978, is hereby further amended as follows:"





(1) by the repeal of subsection (2) of that section, and the substitution therefor of the following subsection :"





"(2) every breach of the privileges of Parliament which is specified in the Schedule to this Act (whether in Part A or Part B thereof) shall be an offence under this Part punishable by the Supreme Court under the provisions hereinafter contained in that behalf." ; and



(2) by the addition at the end of that section, the following new subsection:"





"(3) Every breach of the privileges of Parliament which is specified in Part B of the Schedule to this Act and which is committed in respect of, or in relation to, Parliament shall be an offence under this Part punishable by Parliament under the provisions contained in that behalf.".



Amendment of section 23 of the principal enactment.



3. Section 23 of the principal enactment is hereby amended by the repeal of subsection (2) of that section.



Amendment of section 27 of the principal enactment.



4. Section 27 of the principal enactment as amended by Law, No. 5 of 1978 is hereby further amended as follows:"





(1) by the repeal of subsection (1) of that section and the substitution therefor of the following subsection:"





(1) Subject to the provisions" of subsections (2) and (3), Parliament shall have power and jurisdiction to punish summarily any breach of the privileges of Parliament specified in Part B of the Schedule to this Act which is committed in respect of, or in relation to, Parliament by any member or any other person." ;



(2) by the repeal of subsection (1A) of that section ; and



(3) by the substitution, for the marginal note to that section, of the following marginal note :-



"Parliament's jurisdiction over offences specified in Part B of Schedule".



Repeal of section 27A of the principal enactment.



5. Section 27A of the principal enactment as amended by Law, No. 5 of 1978 is hereby repealed.



Replacement of section 28 of the principal enactment.



6. Section 28 of the principal enactment, as amended by Law, No. 5 of 1978 and Act, No. 37 of 1987 is hereby repealed and the following section substituted therefore:-







"Punishment which Parliament may impose.



28. The punishment which may be imposed by parliament for any offence under this Part shall be admonition at the Bar of Parliament or removal from the precincts of Parliament: Provided, however, that in the case of an offence committed by a member of Parliament, the Parliament may, in addition to or in lieu of any punishment hereinbefore specified, order his suspension from the service of Parliament for any period not exceeding one month:



Provided further that in the case of an offence committed by a person who is not a member, Parliament may also order that such person shall be prohibited from entering Parliament or its precincts for a period not exceeding six months.".



Replacement of section 32 of the principal enactment.



7. Section 32 of the principal enactment as amended by Law, No. 5 of 1978 is hereby repealed and the following section is substituted therefor:-







Limitation of power of punishment by Parliament.



32. Nothing in this Act shall confer or be construed to confer on Parliament any power to impose any punishment on any person other than the power to impose for any offence specified in Part B of the Schedule, any punishment authorized by section 28 of this Act.".



Amendment of the Schedule to the principal enactment.



8. The Schedule to the principal enactment as amended by Law, No. 5 of 1978 is hereby further amended in Part A of that Schedule, by the substitution for the heading appearing therein, of the following heading:-



"OFFENCES TO BE PUNISHABLE ONLY BY THE SUPREME COURT".



Sinhala text to prevail in the event of inconsistency.



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