Constitution of Sri Lanka/Sixteenth Amendment

by The Government of Sri Lanka

Section 1 Short title

1. This Act may be cited as the Sixteenth Amendment to the Constitution.

Section 2 Amendment to Article 20 of the Constitution

2. Article 20 of the Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the Constitution) is hereby amended as follows :-

(1) by the substitution, for the words "or a member of a local authority ", of the words " or a member of Provincial Council or a local authority" ; and

(2) by the substitution, for the words "or in such local authority", of the words "or in such Provincial Council or local authority",

Section 3 Replacement of Article 22 and 23 of the Constitution

3. Articles 22 and 23 of the Constitution are hereby re-pealed and the following Articles substituted therefor; -

22 (Languages of Administration)

(1) Sinhala and Tamil shall be the language:; of administration through out Sri Lanka and Sinhala shall be the language of administration and be used for the maintenance of public records and the transaction or all business by public institutions of all the provinces of Sri Lanka other than the Northern and Eastern Provinces where Tamil shall be so used :

(2) in any area where Sinhala is used as the language of administration a person other than an official acting in his official capacity, shall be entitled -

(a) to receive communications from and to communicate and transact business with, any official in his official capacity, in either Tamil or English;

(b) if the law recognizes his right to inspector to obtain copies of or extracts from any official register, record, publication or other document, to obtain a copy of, or an extract from such register, record, publication) or other document, or a translation thereof, as the case may be, in either Tamil or English ;

(c) where a document is executed by any official for the purpose of being issued to him, to obtain such document or a translation thereof, in either Tamil or English.

(3) In any area where Tamil is used as the language of administration, a person other than an official acting in his official capacity, shall be entitled to exercise the rights and to obtain the services, referred to in sub-paragraphs (a), (b) and (c) of paragraph (2) of this Article, in Sinhala or English.

(4) A Provincial Council or a local authority which conducts its business in Sinhala shall be entitled to receive communications from and to communicate and transact business with, any official in his official capacity, in Sinhala, and a Provincial Council or a local authority which conducts its business in Tamil shall be entitled to receive communications from and to communicate and transact business with, any official in his official capacity, in Tamil :

(5) A person shall be entitled to be examined through the medium of either Sinhala or Tamil or a language of his choice at any examination for the admission of persons to the Public Service, Judicial Service, Provincial Public Service, Local Government Ser-vice or any public institution, subject to the condition that he may be required to acquire a sufficient knowledge of Tamil or Sinhala, as the case may be, within a reasonable time after admission to such service or public institution where such knowledge is reasonably necessary for the discharge of his duties:

(6) In this Article-

23 (Language of Legislation)

(1) All laws and subordinate legislation shall be enacted or Made'! and published in Sinhala and Tamil, together with a translation thereof in English :

(2) All Orders, Proclamations. rules, by-laws, -regulations and notifications made or issued under any written law other than ' by a Provincial Council or a local authority, and the Gazette shall be published in Sinhala and Tamil together "with a translation thereof in English.

(3) All Orders, Proclamations rules. by-laws, regulations and notifications made or issued under any written law by any Provincial Council or local authority, and all documents including circulars and forms issued or used by such body or any public institution shall be published in the language used in the administration in the respective areas in which they function, together with a translation thereof in English.

(4) All laws and subordinate legislation in force immediately prior to the commencement of the Constitution, shall be published in the Gazette in the Sinhala and Tamil languages as expeditiously as possible.

Section 4 Amendment of Article 34 of the Constitution

4. Article 24 of the Constitution is hereby amended as follows:-

(1) by the repeal of paragraph 0) of that Article and the substitution of the following paragraph there-for :-

"(1) Sinhala and Tamil shall be the languages of the courts throughout Sri Lanka and Sinhala shall be used as the language of the court situated in all the areas of Sri Lanka except those in any area where Tamil is the language of administration. The record and proceedings shall be in the language of the, court. In the event of an appeal from any court records shall also be prepared in the language of the court hearing the appeal, if the language of such court is other than the language used by the court from which the appeal is preferred :

(2) in paragraph (2) of that Article by the substitution for the words " in either of the National Languages ", of the words " in either Sinhala or Tamil" :

(3) in paragraph (3) of that Article - (a) by, the substitution, for the words "the appropriate National, Language " , of the words "Sinhala or Tamil", and (1) by the substitution, for the words " either of the National Languages", of the words " such language " ;

(4) in paragraph (1) of that Article by the substitution for the word " the use of a language other than a National Language", of the words "the use of English",

Section 4 Insertion of Article 25A in the Constitution

5. The following Article is hereby inserted immediately after Article 25, and shall have effect as Article 25a of the Constitution -

25A (Provision of any law inconsistent with this Chapter deemed to be repealed)

In the event of any inconsistency between the provisions of any law and the provisions of this Chapter, the provisions of this Chapter shall prevail. ".