7. The following new sections are inserted immediately after section 10 and shall have effect as section 10A, 10B, 10C, 10D, 10E, 10F, 10G and 10H respectively, of the principal enactment.
| 10A.
| | (1) At the request of the Commission, an officer in the public service, may with the consent of that officer, the Secretary to the Ministry under which that officer is serving 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 Commission for such period as may be determined by the Commission with like consent, or be permanently appointed to such staff. | | |
| | (2) Where any officer of the public service is temporarily appointed to the staff of the Commission, 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, him | | |
| | (3) Where any officer of the public service is permanently appointed to the staff of the Commission, the provisions of subsection (3) of section 14 of the National Transport Commission Act. No. 37 of the 1991, shall mutatis mutandis, apply to, and in relation to, him. | | |
| | (4) Where the Commission employs any persons who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period of time, service to the Commission by that person shall be regarded as service to the Government for the purposes of discharging his obligations under such agreement. | | |
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| 10B
| | (1) The Commission shall have its own Fund. | | |
| | (2) There shall be paid into the Fund of the Commission -
| | | (a) all such sums of money as may be voted from time to time by Parliament for the use of the Commission; |
| (b) all such sums of money as may be received by the Commission as fees, charges or cesses; |
| (c) all such sum of money as may be received by the Commission by way of grants, gifts or loans. |
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| | (3) There shall be paid out of the Fund of Commission all such sums of money as are required to defray any expenditure incurred by the Commission in the exercise and discharge of its powers and functions under this Act and all such sums of money as are required or authorized to be paid out of the Fund of the Commission by or under this Act. | | |
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| 10C. The financial year of the Commission shall be the calendar year. |
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| 10D. (1) The Commission shall cause proper books of accounts to be kept of the income and expenditure, asset and liabilities and all other transactions of the Commission. |
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| 10E .The seal of the Commission-
| | (a) shall be in the custody of such person as the Commission may determine from time to time; | | |
| | (b) may he altered in such manner as may be determined by the Commission; | | |
| | (c) shall not be affixed to any instrument or document except in the presence of two members of the Commission authorized in writing in that behalf by the Chairman of the Commission, both of whom shall sign the instrument or document in token of their presence. | | |
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| 10F. The Commission shall he deemed to be a Scheduled Institution within the meaning of the Bribery Act, and the provisions of that Act, shall be construed accordingly. |
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| 10G. All members, officers and servants of the Commission shall be deemed to be public servants within the meaning, and for the purposes, of the Penal Code. |
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| 10H.
| | (1) No action or prosecution shall be Instituted-
| | | (a) against the Commission for any act, which in good faith is done, or purported to be done, by the Commission under this Act; or |
| (b) any member, officer or servant of the Commission for any act which in good faith is done, or purported to be done, by him under this Act or on the direction of the Commission. |
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| | (2) any expenses incurred by this Commission in any action or prosecution brought by or against the Commission before any court shall be paid out of the Fund of the Commission and any costs paid, to or recovered by the Commission, in any such action or prosecution shall be credited to the Fund of the Commission | | |
| | (3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any action or prosecution brought against him before any court in respect of any act which is done, or purposed to be done, by him under this Act or on the direction of the Commission shall, if the court holds that such act was done in good faith, he paid out of the Fund of the Commission, unless such expenses are recovered by him in such action or prosecution.". | | |
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Sri Lanka Consolidated Acts