23. The following new parts are hereby inserted immediately after section 22A, and shall have effect as part IIA and part IIB of the principal enactment :-
| 22B.
| | (1) The Minister shall appoint a person to be the Director-General of Telecommunications (in this Act referred to as the "Director-General") who shall be the chief Executive officer of the Commission,The conditions of employment, including remuneration of the Director-General shall be determined by the Minister. | | |
| | (2) The Director-General shall, subject to the General direction and control of the commission, be charged with the direction of the affairs and transactions of the commission, the exercise and performance of its powers and duties and the administration and control of the employees of the commission. | | |
| | (3) The Director-General may, with the approval of the commission, whenever he considers it necessary to do so, delegate to any employee of the commission, any power or duty conferred or imposed upon him by this Act, and such employee shall exercise and perform such power or duty subject to the general or special directions of the Director-General. | | |
| | (4) The Minister may remove from office the Director-General appointed under subsection (1). | | |
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| 22C.
| | (1) The commission may, subject to the provisions of this Act-
| | | (a) appoint such officers and servants as it considers necessary for the exercise or performance of the powers and duties of the commission and dismiss and exercise disciplinary control over such officers and servants ; |
| (b) fix the rates at which such officers and servants shall be remunerated ; |
| (c) determine the terms and conditions of service of such officers and servants ; and |
| (d) establish and regulate provident funds or schemes for the benefit of such officers and servants and make contributions to any such funds from the Fund of commission, |
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| | (2) The commission may make rules in respect of all or any of the matters referred to in subsection (1). | | |
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| 22D.
| | (1) At the request of the commission, any officer in the public service other than a public officer to whom section 65B or section 65c applies, may , with the consent of that officer and the secretary to the Ministry of the Minister in charge of the subject of public Administration, be temporarily appointed to the staff of the commissioner for such period as may be determined by the commission with like consent, or be permanently appointed to such staff, | | |
| | (2) Where any officer in the public service is temporarily appointed to the staff of the commission under subsection (1), the provisions of subsection (2) of section 14 of the National Transport Commission Act, No. 37 of 1991, shall, mutatis mutandis, apply to and in relation to, such officer. | | |
| | (3) Where any officer in the public service is permanently appointed to the staff of the commission under subsection (1), the provisions of subsection (3) of section 14 of the National Transport Commission Act, No. 37 of 1991, shall, mutatis mutandis, apply to and in relation to, such officer. | | |
| | (4) Where the commission employs any person who has agreed to serve the Government for a service to the commission by that person, shall be regarded as service to the Government for the purpose of discharging the obligations of such agreement. | | |
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| 22E.
| | (1) At the request of the commission any officer or servant of a public corporation may, with the consent of such officer or servant and the governing board of such corporation, be temporarily appointed to the staff of the commission for such period as may be determined by the commission with like consent or with the like consent permanently appointed to the staff of the commission on such terms and conditions ,including those relating to pension or provident fund rights, as may be agreed upon by the commission and the governing board of such corporation. | | |
| | (2) Where any persons is appointed, whether temporarily or permanently under subsection (1) to the staff of the commission, he shall be other subject to the same disciplinary control as any other member of the staff. | | |
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| 22F.
| | (1) The commission shall have its own Fund. | | |
| | (2) There shall be paid into the Fund-
| | | (a) all such sums of money as may be voted upon from the to time by parliament for the use of the commission. |
| (b) all sums of money as may be paid as fee under sections 17,21 and 22 of this Act ; |
| (c) the proceeds of cess imposed under section 22G; and |
| (d) all such sums of money as may be received by the commission by way of donations, gifts or grants from any source whatsoever, whether in or outside Sri Lanka. |
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| | (3) There shall be paid out of the Fund of the Commission all such sums of money as may be required to defray any expenditure incurred by the commission in the exercise and performance of its powers and duties. | | |
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| 22G.
| | (1) There shall be charged, levied and paid a cess, at such rates as may be determined by the Minister from time to time with the concurrence of the Minister in charge of the subject of Finance , by order published in the concurrence of the Minister in charge of the subject of Finance, by order published in the Gazette, on the annual turnover of the operator. | | |
| | (2) The amount of cess imposed under this section may be varied or rescinded by a like order. | | |
| | (3) Every Order made by the Minister under this section shall come into force on the date of its publication in the Gazette or on such later date as may be specified therein, and shall be brought before parliament for approval within four months of the date of its publication. Any such order which is not so approved shall be deemed to be revoked from the date of its disapproval, but without prejudice to the validity of anything previously done thereunder. | | |
| | (4) The cess imposed under this section shall be in addition to any other tax or cess levied under any other written law. | | |
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| 22H. The financial year of the commission shall be the calender year. |
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| 22 J.
| | (1) The commission shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all others transactions of the commission. | | |
| | (2) The provisions of Article 154 of the constitution relating to the audit of the accounts of public corporations shall apply to the audit of the accounts of the commission.". | | |
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Sri Lanka Consolidated Acts