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Page:Folk-lore - A Quarterly Review. Volume 22, 1911.djvu/67

 Rh should'n a kept the cheeld so long. Make haste, put on your hat, and take the cheeld down to the old pixy, for if he knaws us be keepin' un yer he'll lead us a pretty dance. You knaws what ticklish little chaps they be."

The farmer hastened to put on his hat and wrap up the little child, who by this time was laughing and chirping merrily. The farmer went to the place where he had seen the pixy, found no traces of the little man, and returned home. His wife was very worried, although she cuddled and kissed the little baby, wishing all the time it were her own.

Late that evening the farmer again sallied forth with the baby wrapped up warmly, and to his great delight heard again the mournful wail,—"Where's my shilo? I've lost my shilo!" He called out to the old man, who was quickly at his side, and in his great delight seized the baby and rushed off with it without thanking the farmer.

That night with their toast and cider the old couple bemoaned their fate at having kept the child so long, as they feared the pixies would be angry and pay them out. But to their great surprise next morning on coming down stairs they found the kitchen fire lit, the breakfast ready, and the house swept; and when the farmer went into the yard and fields he found the corn threshed, and the work that would have taken him the whole day all finished. And every morning they found that during the night every bit of the work of the farm had been done and of the house; so that they had to hire no labour, grew quite rich, and were happy ever after.

.

(continued from vol. xxi, p. 487).

XI. Charms, Amulets, and Magical Rites.

Cursing Stones.—In some cases the use of the round stones generally,—but not by the peasantry,—called "cursing stones" is not for magical purposes, and there is often no belief in their efficacy for good or evil. For example, the rounded stones on


text:
Constitution of Sri Lanka/Chapter XVIIA

Establishment of Provincial Councils.

154A. (1) Subject to the provisions of the Constitution, a Provincial Council shall be established for every Province specified in the Eighth Schedule with effect from such date or dates as the President may appoint by Order published in the Gazette. Different dates may be appointed in respect of different Provinces.

(2) Every Provincial Council established under paragraph (1) shall be constituted upon the election of the members of such Council in accordance with the law relating to Provincial Council elections.

(3) Notwithstanding anything in the preceding provisions of this Article, Parliament may by, or under, any law provide for two or three adjoining Provinces to form one administrative unit with one elected Provincial Council, one Governor, one Chief Minister and one Board of Ministers and for the manner of determining whether such Provinces should continue to be administered as one administrative unit or whether each such Province should constitute a separate administrative unit with its own Provincial Council, and a separate Governor, Chief Minister and Board of Ministers.

Governor.

154B. (1) There shall be a Governor for each Province for which a Provincial Council has been established in accordance with Article 154A.

(2) The Governor shall be appointed by the President by warrant under his hand, and shall hold office, in accordance with Article 4(b), during the pleasure of the President.

(3) The Governor may, by writing addressed to the President, resign his office.

(4) (a) The Provincial Council may, subject to sub-paragraph (b) present an address to the President advising the removal of the Governor on the ground that the Governor-

(i) has intentionally violated the provisions of the Constitution;

(ii) is guilty of misconduct or corruption involving the abuse of the powers of his office; or

(iii) is guilty of bribery of an offence involving moral turpitude,

if a resolution for the presentation of such address is passed by not less than two-thirds of the whole number of members of the Council (including those not present).

(b) No resolution for the presentation of an address to the President advising the removal of the Governor on the grounds referred to in sub-paragraph (a) shall be entertained by the Chairman of the Provincial Council or discussed at the Council, unless notice of such resolution is signed by not less than one-half of the whole number of members present.

(5) Subject to the preceding provisions of this Article, the Governor shall hold office for a period of five years from the date he assumes office.

(6) Every person appointed as Governor shall assume office upon taking or subscribing, the oath or making or subscribing the affirmation, set out in the Fourth Schedule, before the President.

(7) Upon such assumption of office a Governor shall cease to hold any other office created or recognized by the Constitution, and if he is a Member of Parliament, shall vacate his seat in Parliament. The Governor shall not hold any other office or place of profit.

(8) (a) The Governor may, from time to time, summon the Provincial Council to meet at such time and place as he thinks fit, but two months shall not intervene between the last sitting in one session and the date appointed for the first sitting in the next session.

(b) The Governor may, from time to time, prorogue the Provincial Council.

(c) The Governor may dissolve the Provincial Council.

(d) The Governor shall exercise his powers under this paragraph in accordance with the advice of the Chief Minister, so long as the Board of Ministers commands, in the opinion of the Governor, the support of the majority of the Provincial Council.

(9) Without prejudice to the powers of the President under Article 34 and subject to his directions the Governor of a Province shall have the power to grant a pardon to every person convicted of an offense against a statute made by the Provincial Council of that Province or a law made by Parliament on a matter in respect of which the Provincial Council has power to make statutes and to grant a respite or remission of punishment imposed by Court on any such person:

Provided that where the Governor does not agree with the advice of the Board of Ministers in any case and he considers it necessary to do so in the public interest, he may refer that case to the President for orders.

(10) (a) The Governor may address the Provincial Council and may for that purpose require the attendance of members.

(b) The Governor may also send messages to the Council either with respect to a statute then pending with the Council or otherwise, and when a message is so sent the Council shall with all convenient despatch consider any matter required by the message to be taken into consideration.

(11) It shall be the duty of the Chief Minister of every Province -

(a) to communicate to the Governor of the Province all decisions of the Board of Ministers relating to the administration of the affairs of the Province and the proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the Province and proposals for legislation as the Governor may call for; and

(c) if the Governor so requires, to submit for consideration of the Board of Ministers any such matter on which a decision has been taken by a Minister but which has not been considered by the Board.

(12) Parliament shall by law or resolution make provision for the salary, allowances, age of retirement and pension entitlement of holders of the office of Governor.

Exercise of executive powers by the Governor.

154C. Executive power extending to the matters with respect to which a Provincial Council has power to make statutes shall be exercised by the Governor of the Province for which that Provincial Council is established, either directly or through Ministers of the Board of Ministers, or through officers subordinate to him, in accordance with Article 154F.

Membership of Provincial council.

154D. (1) A Provincial Council shall consist of such number of members as may be determined by or under law, having regard to the area and population of the Province for which that Provincial Council is established.

(2) (a) A Provincial Council may at the commencement of the term of office of its members, decide, by resolution, to grant Members of Parliament elected for electoral districts, the limits of which fall within the Province for which that Provincial Council is established, the right to participate in proceedings of that Council.

(b) So long as a resolution passed under sub-paragraph (a) is in force, a Member of Parliament elected for an electoral district, the limits of which fall within the Province for which that Provincial Council is established, shall have the right, during the term of office of that Council, to speak in, and otherwise take part in, the proceedings of that Provincial Council and to speak in, and otherwise take part in, any committee of the Provincial Council of which he may be named a member but shall be entitled to vote there at only if the resolution passed under sub-paragraph (a) so provides.

(c) The provisions of this paragraph shall cease to operate on the date of dissolution of the First Parliament.

Term of Office.

154E. A Provincial Council shall, unless sooner dissolved, continue for a period of five years from the date appointed for its first meeting and the expiration of the said period of five years shall operate as a dissolution of the Council.

Board of Ministers.

154F. (1) There shall be a Board of Ministers with the Chief Minister at the head and not more than four other Ministers to aid and advise the Governor of a Province in the exercise of his functions. The Governor shall, in the exercise of his functions, act in accordance with such advice except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.

(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question in any Court on the ground that he ought or ought not have acted on his discretion. The exercise of the Governor's discretion shall be on the President's directions.

(3) The question whether any, and if so what, advice was tendered by the Ministers to the Governor shall not be, inquired into in any Court.

(4) The Governor shall appoint as Chief Minister, the member of the Provincial Council constituted for that Province, who, in his opinion, is best able to command the support of a majority of the members of that Council:

Provided that where more than one-half of the members elected to a Provincial Council are members of one political party, the Governor shall appoint the leader of that political party in the Council, as Chief Minister.

(5) The Governor shall, on the advice of the Chief Minister, appoint from among the members of the Provincial Council constituted for that Province, the other Ministers.

(6) The Board of Ministers shall be collectively responsible and answerable to the Provincial Council.

(7) A person appointed to the office of Chief Minister or member of the Board of Ministers shall not enter upon the duties of his office until he takes and subscribes the oath, or makes and subscribes the affirmation, set out in the Fourth Schedule.

Statutes of Provincial Councils.

154G. (1) Every Provincial Council may, subject to the provisions of the Constitution, make statutes applicable to the Province for which it is established, with respect to any matter set out in List I of the Ninth Schedule (hereinafter referred to as "the Provincial Council List")

(2) No Bill for the amendment or repeal of the provisions of this Chapter or the Ninth Schedule shall become law unless such Bill has been referred by the President after its publication in the Gazette and before it is placed on the Order paper of Parliament, to every Provincial Council for the expression of its views thereon, within such period as may be specified in the reference, and -

(a) where every such Council agrees to the amendment or repeal, such Bill is passed by a majority of the Members of Parliament present and voting ;

or

(b) where one or more Councils do not agree to the amendment or repeal such Bill is passed by the special majority required by Article 82.

(3) No Bill in respect of any matter set out in the Provincial Council List shall become law unless such Bill has been referred by the President, after its publication in the Gazette and before it is placed in the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon, within such period as may be specified in the reference, and -

(a) where every such Council agrees to the passing of the Bill, such Bill is passed by a majority of the Members of Parliament present and voting ; or

(b) where one or more Councils do not agree to the passing of the Bill, such Bill is passed by the special majority required by Article 82:

Provided that where such reference, some but not all the Provincial Councils agree to passing of a Bill, such Bill shall become law applicable only to the Provinces for which the Provincial Councils agreeing to the Bill have been established, upon such Bill being passed by a majority of the Members of Parliament present and voting.

(4) Where one or more Provincial Councils request Parliament by resolution, to make law on any matter set out in the Provincial Council List, Parliament may make law on that matter, applicable only to the Provinces for which those Provincial Councils are established, by a majority of Members of Parliament present and voting.

(5) (a) Parliament may make laws with respect to any matter set out in List III of the Ninth Schedule (hereafter referred to as "the Concurrent List") after such consultation with all Provincial Councils as Parliament may consider appropriate in the circumstances of each case.

(b) Every Provincial Council may, subject to the provisions of the Constitution, make statutes applicable to the Province for which it is established, with respect to any matter on the Concurrent List, after such consultation with Parliament as it may consider appropriate in the circumstances of each case.

(6) If any provision of any statute made by a Provincial Council is inconsistent with the provisions of any law made in accordance with the preceding provisions of this Article, the provisions of such law shall prevail and the provisions of such statute shall, to the extent of such inconsistency, be void.

(7) A Provincial Council shall have no power to make statutes on any matter set out in List II of the Ninth Schedule (hereinafter referred to as "the Reserved List").

(8) Where there is a law with respect to any matter on the Provincial Council List in force on the date on which this Chapter comes into force, and a Provincial Council established for a Province subsequently makes a statute on the same matter and which is described in its long title as being inconsistent with that law, then, the provisions of that law shall, with effect from the date on which that statute receives assent and so long only as that statute is in force remain suspended and be inoperative within that Province.

(9) Where there is a law with respect to any matter on the Concurrent List on the date on which this Chapter comes into force, and a Provincial Council established for a Province subsequently makes a statute on the same matter inconsistent with that law, the provisions of the law shall, unless Parliament, by resolution, decides to the contrary, remain suspended and be inoperative within that Province, with effect from the date on which that statute receives assent and so long only as that statute is in force.

(10) Nothing in this Article shall be read or construed as derogating from the powers conferred on Parliament by the Constitution to make laws, in accordance with the Provisions of the Constitution (inclusive of this Chapter), with respect to any matter, for the whole of Sri Lanka or any part thereof.

(11) Notwithstanding anything in paragraph (3) of this Article, Parliament may make laws, otherwise than in accordance with the procedure set out in that paragraph, in respect of any matter set out in the Provincial Council List for implementing any treaty, agreement or convention with any other country or countries or any decisions made at an international conference, association, or other body.

Assent.

154H. (1) Every statute made by a Provincial Council shall come into force upon such statute receiving assent as hereinafter provided.

(2) Every statute made by a Provincial Council shall be presented to the Governor for his assent, forthwith upon the marking thereof, and the Governor shall either assent to the statute or he may as soon as possible after the statute is presented to him for assent, return it to the Provincial Council together with a message requesting the Council to reconsider the statute or any specified provision thereof and in particular, requesting it to consider the desirability of introducing such amendments as may be recommended in the message.

(3) Where a statute is returned to a Provincial Council by the Governor under paragraph (2), the Provincial Council shall reconsider the statute having regard to the Governor's message and may pass such statute with or without amendment and present it to the Governor for his assent.

(4) Upon presentation of a statute to the Governor under paragraph (3), the Governor may assent to the statute or reserve it for reference by the President to the Supreme Court, within one month of the passing of the statute for the second time, for a determination that it is not inconsistent with the provisions of the Constitution. Where upon such reference, the Supreme Court determines that the statute is consistent with the provisions of the Constitution, the Governor shall, on receipt by him of the Court's determination, assent to the statute. Where upon such reference, the Supreme Court determines that the statute is inconsistent with the provisions of the Constitution, the Governor shall withhold assent to the statute.

Public Security.

154J. (1) Upon the making of a Proclamation under the Public Security Ordinance or the law for the time being in force relating to public security, bringing the provisions of such Ordinance or law into operation on the ground that the maintenance of essential supplies and services is threatened or that the security of Sri Lanka is threatened by war or external aggression or armed rebellion, the President may give directions to any Governor as to the manner in which the executive power exercisable by the Governor is to be exercised. The direction so given shall be in relation to the grounds specified in such Proclamation for the making thereof.

Explanation: A Proclamation under the Public Security Ordinance declaring that the maintenance of essential supplies and services is threatened or that the security of Sri Lanka or any part of the territory thereof is threatened by war, or by external aggression, or by armed rebellion may be made before the actual breakdown of supplies and services, or the actual occurrence of war, or of any such aggression or rebellion, if the President is satisfied that there is imminent danger thereof:

Provided that where such Proclamation is in operation only in any part of Sri Lanka, the power of the President to give directions under this Article, shall also extend to any Province other than the Province in which the Proclamation is in operation if, and in so far as it is expedient so to do for ensuring the maintenance of essential supplies and services or the security of Sri Lanka.

(2) A Proclamation under the Public Security Ordinance or the law for the time being relating to public security, shall be conclusive for all purposes and shall not be questioned in any Court, and no Court or Tribunal shall inquire into, or pronounce on, or in any manner call in question, such Proclamation, the grounds for the making thereof, or the existence of those grounds or any direction given under this Article.

Failure to comply with directions.

154K. Where the Governor or any Provincial Council has failed to comply with, or give effect to, any directions given to such Governor or such Council under this Chapter of the Constitution, it shall be lawful for the President to hold that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution.

Failure of administrative machinery.

154L. (1) If the President, on receipt of a report from the Governor of the Province or otherwise, is satisfied that a situation has arisen in which the administration of the Province cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation -

(a) assume to himself all or any of the functions of the administration of the Province and all or any of the powers vested in, or exercisable by, the Governor or any body or authority in the Province other than the Provincial Council;

(b) declare that the powers of the Provincial Council shall be exercisable by, or under the authority of Parliament;

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation:

Provided that nothing in this paragraph shall authorize the President to assume to himself any of the powers vested in, or exercisable, by any Court.

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) Every Proclamation under this Article shall be laid before Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of fourteen days unless before the expiration of that period it has been approved by a resolution of Parliament:

Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when Parliament is dissolved or the dissolution of Parliament takes place during the period of fourteen days referred to in this paragraph but no resolution with respect to such Proclamation has been passed by Parliament before the expiration of that period, the Proclamation shall cease to operate at the expiration of fourteen days from the date on which Parliament first sits after its reconstitution, unless before the expiration of the said period of fourteen days a resolution approving the Proclamation has been passed by Parliament.

(4) A Proclamation so approved shall, unless earlier revoked, cease to operate on the expiration of a period of two months from the date of issue of the Proclamation:

Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by Parliament, the Proclamation shall, unless revoked, continue in force for a further period of two months from the date on which under this paragraph it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force more than one year:

Provided further that if the dissolution of Parliament takes place during any such period of two months but no resolution with respect to the continuance in force of such Proclamation has been passed by Parliament during the said period, the Proclamation shall cease to operate at the expiration of fourteen days from the date on which Parliament first sits after its reconstitution unless before the expiration of the said period of fourteen days a Proclamation approving the continuance in force of the Proclamation has been passed by Parliament.

(5) Notwithstanding anything in this Article, the President may within fourteen days of his making a Proclamation under paragraph (1) and for the purpose of satisfying himself with regard to any of the matters referred to in that paragraph, appoint a retired Judge of the Supreme Court to inquire into and report upon such matters within a period of sixty days. A Judge so appointed shall in relation to such inquiry have the powers of a Commissioner appointed under the Commission of Inquiry Act. Upon receipt of the report of such Judge, the President may revoke the Proclamation made under paragraph (1).

(6) A Proclamation under this Article shall be conclusive for all purposes and shall not be questioned in any Court, and no Court or Tribunal shall inquire into, or pronounce on, or in any manner call in question, such Proclamation or the grounds for making thereof.

Parliament to confer powers of Provincial Council to President.

154M. (1) where by a Proclamation issued under paragraph (1) of Article 154L, it has been declared that the powers of the Provincial Council shall be exercisable by, or under the authority, of Parliament, it shall be competent -

(a) for Parliament to confer on the President the power of the Provincial Council to make statutes and to authorize the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred, on any other authority specified by him in that behalf;

(b) for the President to authorize, when Parliament is not in session, expenditure from the Provincial Fund of the Province pending sanction of such expenditure by Parliament.

(2) A statute made by Parliament or the President or other authority referred to in sub-paragraph (a) of paragraph (1), during the continuance in force of a Proclamation issued under paragraph (1) of Article 154L, shall continue in force until amended or repealed by the Provincial Council.

Financial instability.

154N. (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of Sri Lanka or of any part of the territory thereof is threatened, he may by Proclamation make a declaration to that effect.

(2) A Proclamation issued under paragraph (1) -

(a) may be revoked or varied by a subsequent Proclamation;

(b) shall be laid before Parliament;

(c) shall cease to operate at the expiration of two months, unless before the expiration of that period it has been approved by a resolution of Parliament:

Provided that if any such Proclamation is issued at a time when Parliament has been dissolved or the dissolution of Parliament takes place during the period of two months referred to in sub-paragraph (c), but no resolution with respect to such Proclamation has been passed by Parliament before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which Parliament first sits after its reconstitution, unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been passed by Parliament.

(3) During the period any such Proclamation as is mentioned in paragraph (1) is in operation, the President may give directions to any Governor of a Province to observe such canons of financial propriety as may be specified in the directions, and to give such other directions as the President may deem necessary and adequate for the purpose.

(4) Notwithstanding anything in the Constitution any such direction may include-

(a) a provision requiring the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Province;

(b) a provision requiring all statutes providing for payments into or out of, a Provincial Fund to be reserved for the consideration of the President after they are passed by the Provincial Council.

High Court.

154P. (1) There shall be a High Court for each Province with effect from the date on which this Chapter comes into force. Each such High Court shall be designated as the High Court of the relevant Province.

(2) The Chief Justice shall nominate, from among Judges of the High Court of Sri Lanka, such number of Judges as may be necessary to each such High Court. Every such Judge shall be transferable by the Chief Justice.

(3) Every such High Court shall-

(a) exercise according to law, the original criminal jurisdiction of the High Court of Sri Lanka in respect of offences committed with the Province;

(b) notwithstanding anything in Article 138 and subject to any law, exercise, appellate and revisionary jurisdiction in respect of convictions, sentences and orders entered or imposed by Magistrates Courts and Primary Courts within the Province;

(c) exercise such other jurisdiction and powers as Parliament may, by law, provide.

(4) Every such High Court shall have jurisdiction to issue, according to law -

(a) orders in the nature of habeas corpus, in respect of persons illegally detained within the Province; and

(b) order in the nature of writs of certiorari, prohibition, procedendo, mandamus, and quo warranto against any person exercising, within the Province, any power under-

(i) any law; or

(ii) any statutes made by the Provincial Council established for that Province,

in respect of any matter set out in the Provincial Council List.

(5) the Judicial Service Commission may delegate to such High Court, the power to inspect and report on, the administration of any Court of First Instance within the Province.

(6) Subject to the provisions of the Constitution and any law, any person aggrieved by a final order, judgment or sentence of any such Court, in the exercise of its jurisdiction under paragraphs (3)(b) or (3)(c) or (4), may appeal therefrom to the Court of Appeal in accordance with Article 138.

Functions, powers, election &c. of Provincial Councils.

154Q. Parliament shall by law provide for-

(a) the election of members of Provincial Councils and the qualifications for membership of such Councils;

(b) the procedure for transaction of business by every such Council;

(c) the salaries and allowances of members of Provincial Councils; and

(d) any other matter necessary for the purpose of giving effect to the principles of provisions of this Chapter, and for any matters connected with or incidental to, the provisions of this Chapter.

Finance Commission.

154R. (1) There shall be a Finance Commission consisting of -

(a) the Governor of the Central Bank of Sri Lanka;

(b) the Secretary to the Treasury; and

(c) three other members to represent the three major communities each of whom shall be a person who has distinguished himself, or held high office, in the field of finance, law, administration, business or learning.

(2) Every member of the Commission shall, unless he earlier dies, resigns or is removed from office, hold office for a period of three years.

(3) The Government shall, on the recommendation of and in consultation with, the Commission, allocate from the Annual Budget, such funds as are adequate for the purpose of meeting the needs of the Provinces.

(4) It shall be the duty of the Commission to make recommendations to the President as to -

(a) the principles on which such funds are granted annually by the Government for the use of Provinces, should be apportioned between various Provinces; and,

(b) any other matter referred to the Commission by the President relating to Provincial finance.

(5) The Commission shall formulate such principles with the objective of achieving balanced regional development in the country, and shall accordingly take into account -

(a) the population of each Province;

(b) the per capita income of each Province;

(c) the need progressively, to reduce social and economic disparities; and

(d) the need, progressively, to reduce the difference between the per capita income of each Province and the highest per capita income among the Provinces.

(6) The Commission shall determine its own procedure and shall have such powers in the performance of its duties as Parliament may, by law, confer on it.

(7) The President shall cause every recommendation made by the Finance Commission under this Article to be laid before Parliament, and shall notify Parliament as to the action taken thereon.

(8) No Court or Tribunal shall inquire into, or pronounce on, or in any manner entertain, determine or rule upon, any question relating to the adequacy of such funds, or any recommendation made, or principle formulated by, the Commission.

Special provision enabling Provincial Councils not to exercise powers under this Chapter.

154S. (1) A Provincial Council may, by resolution, decide not to exercise its powers under Article 154G with respect to any matter or part thereof set out in the Provincial Council List or the Concurrent List of the Ninth Schedule.

(2) Where a resolution has been passed by a Provincial Council under paragraph (i) and the terms of such resolution have been accepted by Parliament, by resolution, the powers of such Provincial Council under Article 154G shall be deemed not to extend to the matter specified in such resolution and Parliament may make law, with respect to that matter, applicable to the Province for which that Provincial Council is established, otherwise than in accordance with the provisions of Article 154G.

Transitional measures.

154T. The President may by order published in the Gazette, take such action, or give such directions, not inconsistent with the provisions of the Constitution, as appears to him to be necessary or expedient, for the purpose of giving effect to the provisions of this Chapter, or for the administrative changes necessary therefore, or for the purpose of removing any difficulties.

46. Chapter XVIIA Articles 154A to 154T inserted by the Thirteenth Amendment to the Constitution Sec. 4.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Constitution of Sri Lanka/Chapter XVIIA


text:
Constitution of Sri Lanka/Chapter XIX

Parliamentary Commissioner for Administration.

156. (1) Parliament shall by law provide for the establishment of the office of the Parliamentary Commissioner for Administration (Ombudsman) charged with the duty of investigating and reporting upon complaints or allegations of the infringement of fundamental rights and other injustices by public officers and officers of public corporations, local authorities and other like institutions, in accordance with and subject to the provisions of such law.

(2) The Parliamentary Commissioner for Administration shall be appointed by the President and shall hold office during good behaviour.

(3) The salary of the Parliamentary Commissioner for Administration shall be determined by Parliament and shall not be diminished during his term of office.

(4) The office of the Parliamentary Commissioner for Administration shall become vacant-

(a) upon his death ;

(b) on his resignation in writing addressed to the President ;

(c) on his attaining the age fixed by law ;

(d) on his removal by the President on account of ill health or physical or mental infirmity ; or

(e) on his removal by the President on an address of Parliament.

(5) Whenever the Parliamentary Commissioner for Administration is unable to perform and discharge the duties and functions of his office, the President shall appoint a person to act in his place.

title: Constitution of Sri Lanka/Chapter XIX


text: Folk-Lore/Volume 22/The Essential Unity of Folklore


text:
Constitution of Sri Lanka/Chapter XX

International Treaties and Agreements.

157. Where Parliament by resolution passed by not less than two-thirds of the whole number of Members of Parliament (including those not present) voting in its favour, approves as being essential for the development of the national economy, any Treaty or Agreement between the Government of Sri Lanka and the Government of any foreign State for the promotion and protection of the investments in Sri Lanka of such foreign State, its nationals, or of corporations, companies and other associations incorporated or constituted under its laws, such Treaty or Agreement shall have the force of law in Sri Lanka and otherwise than in the interests of national security no written law shall be enacted or made, and no executive or administrative action shall be taken, in contravention of the provisions of such Treaty or Agreement.

Prohibition against violation of territorial integrity of Sri Lanka.

51[157A. (1) No person shall, directly or indirectly, in or outside Sri Lanka, support, espouse, promote, finance, encourage or advocate the establishment of a separate State within the territory of Sri Lanka.

(2) No political party or other association or organization shall have as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka.

(3) Any person who acts in contravention of the provisions of paragraph (1) shall, on conviction by the Court of Appeal, after trial on indictment and according to such procedure as may be prescribed by law, -

(a) be subject to civic disability for such period not exceeding seven years as may be determined by such Court ;

(b) forfeit his movable and immovable property other than such property as is determined by an order of such Court as being necessary for the sustenance of such person and his family ;

(c) not be entitled to civic rights for such period not exceeding seven years as may be determined by such Court ; and

(d) if he is a Member of Parliament or a person in such service or holding such office as is referred to in paragraph (1) of Article 165, cease to be such Member or to be in such service or to hold such office.

(4) Where any political party or other association or organization has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka, any person may make an application to the Supreme Court for a declaration that such political party or other association or organization has as one of its aims or objects the establishment of a separate State within the territory of Sri Lanka. The Secretary or other officer of such political party or other officer of such political party or other association or organization shall be  made a respondent to such application.

(5) Where the Supreme Court makes a declaration under paragraph (4) in relation to any political party or other association or organization, in pursuance of an application made to it under that paragraph -

(a) that political party or other association or Organisation shall be deemed, for all purposes to be proscribed and any member of such political party or other association or organization, who is a Member of Parliament shall be deemed to have vacated his seat in Parliament with effect from the date of such declaration, and any nomination paper submitted by such political party or other association or organization shall be deemed for all purposes to be invalid ;

(b) any person who holds office or is a member of that political party or other association or organization, shall be guilty of an offence and shall, on conviction, by the Court of Appeal after trial on indictment and according to such procedure as may be prescribed by law –

(i)        be subject to civic disability for such period not exceeding seven years as may be determined by such Court ;

(ii)       forfeit his movable and immovable property other than such property as is determined by an order of such Court as being necessary for the sustenance of such person and his family ;

(iii)      not be entitled to civic rights for such period not exceeding seven years as may be determined by such Court ;

(iv)      if he is a Member of Parliament or a person in such service or holds such office as is referred to in paragraph (1) of Article 165, cease to be such Member or to be in such service or hold such office.

(6) The execution of any punishment imposed under paragraph (3) or sub-paragraph (b) of paragraph (5) shall not be stayed or suspended pending the determination of any appeal against such punishment or the conviction in consequence of which such punishment was imposed.

(7) Every officer or person who was or is required by, Article 32 or Article 53, Article 61 or Article 107 or Article 165 or Article 169 (12), to take and subscribe or to make and subscribe an oath or affirmation, every member of, or person in the service, of a local authority, Development Council Pradeshiya Mandalaya, Gramodaya Mandalaya or public corporation and every attorney-at-law shall –

(a) if such officer or person is holding office on the date of coming into force of this Article, make and, subscribe, or take and subscribe, an oath or affirmation in the form set out in the Seventh Schedule, before such person or body if any, as is referred to in that Article, within one month of the date on which this Article comes into force ;

(b) if such person or officer is appointed to such office after the coming into force of this Article, make and subscribe or take and subscribe an oath or affirmation, in the form set out in the Seventh Schedule, before such person or body, if any, as is referred to in that Article, within one month of his appointment to such office.

The provisions of Article 165 and Article 169 (12) shall mutatis mutandis, apply to, and in relation to, any person or officer who fails to take and subscribe, or make and subscribe an oath or affirmation as required by this paragraph.

(8) (a) Every person who is a Member of Parliament on the coming into force of this Article shall not be entitled to sit and vote in Parliament unless he takes and subscribes or makes and subscribes an oath or affirmation in the form set out in the Seventh Schedule.

(b) Every person who is elected or nominated as a Member of Parliament on or after the coming into force of this Article shall not be entitled to sit and vote in Parliament unless he takes and subscribes or makes and subscribes an oath or affirmation in the form set out in the Seventh Schedule.

(9) No person who has taken and subscribed or made and subscribed an oath or affirmation in the form set out in the Seventh Schedule shall, notwithstanding any provision to the contrary in the Constitution, be required to take and subscribe or make and subscribe any other oath or affirmation required to be taken and subscribed or made and subscribed under the Constitution.

(10) Parliament may, by resolution, determine such other categories of persons or officers to whom the provisions of paragraph (7) shall apply and thereupon, the provisions of such paragraph shall, mutatis mutandis, apply to, and in relation to, officers or persons of that category.

(11) The jurisdiction of the Court of Appeal in respect of its powers under this Article shall be exercised in the manner provided in sub-paragraph (iv) of the proviso to paragraph (2) of Article 146 –

(12) In this Article, "civic rights" means –

(a)  the right to obtain a passport ;

(b)  the right to sit for any public examination ;

(c)  the right to own any immovable property ;

(d)  the right to engage in any trade or profession which requires a licence, registration or other authorization, by or under any written law.]

Delegation.

158. Where any person is empowered under the provisions of the Constitution to delegate any power, duty or function to any other person, such person delegating such power, duty or function may, notwithstanding such delegation, exercise, perform or discharge such power, duty or function and may at any time revoke such delegation.

In this Article, "person" includes any body of persons or any authority.

Deputy Speaker to act for Speaker.

159. Where the Speaker is unable to discharge the functions of his office, the powers, duties and functions conferred or imposed on, or assigned to, the Speaker by any provision of the Constitution, other than by Articles 31 (4), 37, 38 (2) (b), 39 (2) and 40, may be exercised, performed or discharged by the Deputy Speaker.

51. Inserted by the Sixth Amendment to the Constitution Sec. 3.

title: Constitution of Sri Lanka/Chapter XX


text:
Constitution of Sri Lanka/Chapter XXI

First President.

160. Notwithstanding anything to the contrary in any other provision of the Constitution, the person holding the office of President immediately before the commencement of the Constitution shall be the first President under the Constitution and shall be deemed for all purposes to have been elected as the President of the Republic, and 52[shall, subject, to the provisions of Article 31, hold office] for a period of six years from February 4, 1978.

The President shall, notwithstanding the provisions of Article 32, be deemed to have assumed office immediately upon the commencement of the Constitution and shall be entitled thereupon to exercise, perform and discharge all the powers, duties and functions conferred or imposed on, or assigned to, the President by the Constitution or otherwise. The President shall, as soon as possible thereafter at a sitting of Parliament, take and subscribe the oath or make and subscribe the affirmation set out in the Fourth Schedule.

First Parliament.

161. Notwithstanding anything to the contrary in any other provision of the Constitution -

(a) the first Parliament shall consist of one hundred and sixty-eight members, and subject to the succeeding provisions of this Article, all persons who immediately before the commencement of the Constitution were members of the National State Assembly shall be deemed to have been elected as Members of Parliament;

(b) (i) if the election, as a Member of the National State Assembly, of a person deemed to have been elected to the first Parliament is declared void under the law for the time being in force and no other person is determined to have been duly returned or elected, the seat of such Member shall be vacant, and an election to the electoral district as existing immediately prior to the commencement of the Constitution, shall be held in accordance with the law relating to elections to the National State Assembly in force immediately before the commencement of the Constitution and on the basis of the register of electors applicable to such electoral district which was operative on the day immediately preceding the commencement of the Constitution;

(ii) the law applicable to election petitions in relation to an election held as provided in sub-paragraph (i) shall be the law in force upon the commencement of the Constitution and in the event of such an election being declared void the provisions of sub-paragraph (i) shall, mutatis mutandis, apply;

(c) if the election as a Member of the National State Assembly of a person who is deemed to have been elected to the first Parliament is declared void or undue and any other person is determined to have been duly returned or elected such other person shall be deemed to have been duly elected as a Member of the first Parliament;

(d) (i) where immediately before the commencement of the Constitution there was a vacancy in the membership of the National State Assembly or where a vacancy in the membership of the first Parliament occurs otherwise than under the provisions of paragraph (b) of this Article, such vacancy shall be filled in the manner provided in sub-paragraph (iii) hereof;

53[(ii) Where during the duration of the first Parliament, a Member ceases, by resignation, expulsion or otherwise, to be a member of the recognized political party to which he belonged upon or after the commencement of the Constitution, the Secretary of such party shall, within two weeks of the date on which such Member so ceased to be a member of such party, communicate, in writing to the Secretary-General of Parliament, the fact and date thereof. The Secretary-General shall, upon receipt of such communication, submit it to the Speaker.

Where a Member ceases to be a member of the recognized political party to which he belonged by reason of being expelled from such party, he shall be entitled to apply, within one month of the date of such expulsion by petition in writing, to the Supreme Court for a determination that such expulsion was invalid. In the event of any such application being made, the Registrar of the Supreme Court shall forthwith inform the Secretary-General of Parliament in writing, of such application. Every such application shall be heard and determined by not less than three Judges of the Supreme Court who shall, within two months of the making of such application, determine whether such expulsion was valid or not.

The Speaker shall, on receiving in the aforesaid manner, a communication alleging that a Member has ceased to be a member of the recognized political party to which such Member belonged, appoint a Select Committee consisting of not less than five Members of Parliament (one of whom shall be nominated as Chairman thereof) to inquire into, and report to Parliament on, the circumstances in which such Member is alleged to have resigned from, or to have been expelled from, or to have otherwise ceased to be a member of, such party, and the reasons therefor :

Provided, however, that where such communication alleges that a Member has ceased to be a member of the recognized political party to which he belonged by reason of his being expelled therefrom, no Select Committee shall be appointed as aforesaid until after the expiration of a period of' one month from the date of such alleged expulsion, and in any case where such Member has applied to the Supreme Court for a determination that such expulsion was invalid, unless and until the Supreme Court has determined that such expulsion was valid.

The provisions of the Parliament (Powers and Privileges) Act shall, mutatis mutandis, apply in relation to proceedings before, and to the privileges, Immunities and powers of, a Select Committee appointed as aforesaid, and every such Select Committee shall be deemed, for the purposes of that Act, to be duly authorized by an order of Parliament to send for persons, papers and words.

After consideration of the report made by a Select Committee appointed as aforesaid, Parliament may, by resolution passed by not less than eighty-five members voting in its favour, resolve that the Member to whom such report relates, shall cease to be a Member of Parliament. The Speaker shall endorse on every resolution so passed, a certificate in the following form :-

"This resolution has been passed by the majority required by Article 161 (d) (ii) of the Constitution".

The seat of such Member shall, with effect from the date of such certificate, become vacant.

Every such certificate shall be conclusive for all purposes and shall not be questioned in any court, and no court or tribunal shall inquire into, pronounce upon or in any manner call in question, the validity of the resolution on which such certificate is endorsed on any ground whatsoever.]

(iii) where a vacancy as is referred to in sub- paragraph (i) or (ii) has occurred, the Secretary-General of Parliament shall forthwith inform the Commissioner of Elections of such vacancy. The Commissioner of Elections shall thereupon require the Secretary of the political party to which such Member belonged to nominate a member of such party 54[to fill such vacancy. A nomination made by the Secretary of such political party under this sub-paragraph shall be accompanied by an oath or affirmation, as the case may be, in the form set out in the Seventh Schedule, taken and subscribed or made and subscribed, as the case may be, by the person nominated to fill such vacancy. Upon the receipt of such nomination, accompanied by such oath or affirmation the Commissioner] shall declare such person to be the Member for the electoral district in respect of which the vacancy occurred :

55[Provided that where the Secretary of such political party fails to nominate a member of such political party to fill such vacancy under the preceding provisions of this sub-paragraph 56[within thirty days of his being required to do so and in the aforesaid manner or where the Secretary of a political party had been required, before the coming into force of this proviso, to nominate a member of such political party to fill any such vacancy under such provisions and such Secretary fails, within thirty days of the coming into force of this proviso, to nominate a member of such political party to fill such 57[vacancy, or where such political party is deemed to be proscribed under Article 157 (a), then, the Commissioner of Election shall forthwith so inform the President, who shall, within thirty days of the receipt by him of such information, by Notice published in the Gazette order the Commissioner of Elections] to hold an election for the electoral district in respect of which such vacancy has occurred. The Commissioner of Elections shall thereupon hold an election, in accordance with Part I and Parts IV to VI (both inclusive) of the Ceylon (Parliamentary Elections) Order in Council, 1946, for such electoral district as existed immediately preceding the Constitution and on the basis of such part of the register, prepared under the Registration of Electors Act, No. 44 of 1980, and in operation, as corresponds to such electoral district. The aforesaid parts of the Ceylon (Parliamentary Elections) Order in Council, 1946, shall, for the purposes of such election and notwithstanding the repeal of such Order in Council, be deemed to be in force and shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, apply to such election.

The law applicable to election petitions in relation to such electoral district shall be the aforesaid parts of such Order in Council as applied aforesaid and in the event of such election being declared void and no other person is determined to have been duly returned or elected, the election to fill such vacancy shall be held in accordance with the provisions of this proviso.]

58[(iv) Where a Member nominated or elected to fill any such vacancy as is referred to in sub-paragraph (i) or sub-paragraph (ii), being a Member who has taken and subscribed or made and subscribed an oath or affirmation in the form set out in the Seventh Schedule, directly or indirectly, in or outside Sri Lanka, supports, espouses, promotes, finances, encourage or advocates the establishment of a separate State within the territory of Sri Lanka, any person may make an application to the Court of Appeal for a declaration that such member has directly or indirectly, in or outside Sri Lanka, supported, espoused, promoted, financed, encouraged or advocated the establishment of a separate State within the territory of Sri Lanka.

If the Court of Appeal makes, on such application, a declaration that such Member has directly or indirectly, in or outside Sri Lanka, supported, espoused, promoted, financed, encouraged or advocated the establishment of a separate State within the territory of Sri Lanka, the seat of such Member shall be deemed to be vacant with effect from the date of such declaration and such Member shall be disqualified from sitting and voting in Parliament and from being elected or nominated to Parliament for a period of seven years from the date of such declaration. The vacancy occurring in the membership of Parliament by reason of such declaration shall be filled in the manner provided in paragraph (iii).

The jurisdiction of the Court of Appeal' in respect of its powers under this sub-paragraph shall be exercised in the manner provided in sub-paragraph (iv) of the proviso to paragraph (2) of Article 146.

59[(e) unless sooner dissolved, the First Parliament shall continue until August 4, 1989 and no longer, and shall thereupon stand dissolved, and the provisions of Article 70 (5) (b) shall, mutatis mutandis, apply.]

Application of certain provisions. 162. (1) The provisions of Article 98, other than paragraphs (8) and (9) thereof, and Article 99 shall not come into operation until the General Election held upon the dissolution of the first Parliament.

(2) If at the time of such dissolution the notification of electoral districts has not been proclaimed as required by Article 97, the electoral districts for the first General Election to be held upon the dissolution of the first Parliament, and the number of Members which each such district shall be entitled to return by virtue of the provisions of paragraph (4) of Article 96, shall be as set out in the Sixth Schedule and accordingly, registers of electors shall be prepared and certified for each such electoral district, and unless Parliament otherwise provides, such registers shall be prepared on the basis of the register of electors in force immediately before the commencement of the Constitution.

Judges of Supreme Court and High Court to cease to hold office. 163. All Judges of the Supreme Court and the High Courts established by the Administration of Justice Law, No. 44 of 1973, holding office on the day immediately before the commencement of the Constitution shall, on the commencement of the Constitution, cease to hold office.

Continuation in office of Judges, public officers and others. 164. Subject to the provisions of Article 163 every person who immediately before the commencement of the Constitution -

(a) held office in any court or tribunal deemed, by virtue of the provisions of paragraph (2) of Article 105, to be a court or tribunal created and established by Parliament,

(b) was in the service of the Republic, any local authority or any public corporation,

(c)  held office in any local authority or public corporation, or

(d)  held any appointment under any existing written law,

shall continue in such service or hold such office or appointment under the same terms and conditions.

Oath or affirmation to be taken or made by public officers and others. 165. (1) Every public officer, judicial officer and every other person as is required by the Constitution to take an oath or make an affirmation on entering upon the duties of his office, every holder of an office required under the existing law to take an official oath and every person in the service of every local authority and of every public corporation shall take and subscribe the oath or make and subscribe the affirmation set out in the Fourth Schedule. Any such public officer, judicial officer, person or holder of an office failing to take and subscribe such oath or make and subscribe such affirmation after the commencement of the Constitution on or before such date as may be prescribed by the Prime Minister by Order published in the Gazette shall cease to be in service or hold office.

(2) The Minister in charge of the subject of Public Administration may, in his sole discretion, permit any public officer, judicial officer, person or holder of an office referred to in paragraph (1) of this Article, to take the oath or make the affirmation referred to in that paragraph after the prescribed date if he is satisfied that the failure to take the oath or make the affirmation within the time prescribed was occasioned by illness or some other unavoidable cause. On his taking such oath or making such affirmation, he shall continue in service or hold office as if he had taken such oath or made such affirmation within the time prescribed under paragraph (1) of this Article.

(3) The President may by Proclamation-

(a) exclude the application of the provisions of paragraph (1) of this Article to any category of public officers,

(b) prescribe the persons or categories of persons who may administer such oath or affirmation in addition to the persons who are empowered under the existing law to administer oaths or affirmations.

Powers, privileges, immunities and rights of the Republic. 166. Unless Parliament otherwise provides, the Republic of Sri Lanka shall continue to possess and exercise all powers, privileges, immunities and rights whatsoever possessed, exercised or exercisable immediately prior to the commencement of the Constitution.

Rights, duties and obligations of the Republic. 167. All rights and all duties or obligations, however arising, of the Government of Sri Lanka and subsisting immediately prior to the commencement of the Constitution shall be rights, duties and obligations of the Government of the Republic of Sri Lanka under the Constitution.

Past operation of laws, previous acts, offences, and pending actions, &c. 168. (1) Unless Parliament otherwise provides, all laws, written laws and unwritten laws, in force immediately before the commencement of the Constitution, shall, mutatis mutandis, and except as otherwise expressly provided in the Constitution, continue in force.

(2) Save as otherwise provided in the Constitution, existing laws, written laws and unwritten laws are not and shall not in any manner be deemed to be provisions of the Constitution.

(3) Wherever the Constitution provides that any law, written law or unwritten law or any provision of the Constitution shall continue in force until or unless Parliament otherwise provides, any law enacted by Parliament so providing may be passed by a majority of the Members present and voting.

(4) Whenever the Constitution provides that any provision of any existing written law shall continue in force until or unless Parliament otherwise provides and the existing written law referred to consists of subordinate legislation, the provision that such existing written law shall continue in force until or unless Parliament otherwise provides shall not in any manner be deemed to derogate from the power of the person or body on whom the power to make and when made, to amend, vary, rescind or revoke such subordinate legislation is conferred, to exercise the power so conferred until or unless Parliament otherwise provides.

(5) Unless the Constitution otherwise provides, the past operation of any law in force prior to the commencement of the Constitution or anything duly done or suffered or any offence committed or any right, liberty, obligation or penalty acquired or incurred under any law in force prior to the commencement of the Constitution shall not in any manner be affected or be deemed to be affected by the Constitution coming into force.

(6) All actions, prosecutions, proceedings, matters or things, including proceedings of Commissions appointed or established by or under any existing written law, pending or uncompleted on the commencement of the Constitution shall, subject to the provisions of the Constitution and, mutatis mutandis, be deemed to continue and may be carried on and completed after the commencement of the Constitution.

Provisions relating to judiciary.

169. Unless Parliament otherwise provides –

(1) any provisions of the Administration of Justice Law, No. 44 of 1973, which are inconsistent with the provisions of the Constitution, shall, to the extent of such inconsistency, be deemed to be repealed ;

(2) the Supreme Court established by the Administration of Justice Law, No. 44 of 1973, shall, on the commencement of the Constitution, cease to exist, and accordingly the provisions of that Law relating to the establishment of the said Supreme Court, shall be deemed to have been repealed. Unless otherwise provided in the Constitution, every reference in any existing written law to the Supreme Court shall be deemed to be a reference to the Court of Appeal;

(3) all appellate proceedings including proceedings by way of revision, case stated and restitutio in integrum pending in the Supreme Court established under the Administration of Justice Law, No. 44 of 1973, on the day preceding the commencement of the Constitution, shall stand removed to the Court of Appeal and the Court of Appeal shall have jurisdiction to take cognizance of and to hear and determine the same ; and the judgments and orders of the Supreme Court aforesaid delivered or made before the commencement of the Constitution in appellate proceedings shall have the same force and effect as if they had been delivered or made by the Court of Appeal ;

(4) all original proceedings by way of applications for the issue of high prerogative Writs and applications for any other relief pending in the Supreme Court as well as all applications for injunctions pending in the High Court established under the Administration of Justice Law, No. 44 of 1973, on the date immediately preceding the commencement of the Constitution shall stand removed to the Court of Appeal and such Court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the Supreme Court established under the Administration of Justice Law, No. 44 of 1973, delivered or made before the commencement of the Constitution in original proceedings shall have the same force and effect as if they had been delivered or made by the Court of Appeal:

Provided that any proceedings in relation to any alleged breach of privileges of Parliament pending in the Supreme Court shall stand removed to the Supreme Court created and established by the Constitution ;

(5) no appeal shall lie from any judgment, order or decree of the Supreme Court established under the Administration of Justice Law, No, 44 of 1973, to the Supreme Court created and established under the Constitution but such judgment, order or decree, as the case may be, shall be final as between the parties to the action, application or other proceeding in which such judgment, order or decree was made:

Provided that it shall be competent for the Court of Appeal and all officers of such Court to take all such steps as may be necessary, including the entering of decrees if not already entered and taxation and recovery of costs so as to ensure that such judgments, orders and decrees are completely and effectively complied with, as if they had been delivered or made by the Court of Appeal created and established by the Constitution ;

(6) the several High Courts established under Chapter I of the Administration of Justice Law, No. 44 of 1973, shall be deemed for all purposes to constitute a single court created and established by Parliament called the High Court of the Republic of Sri Lanka having jurisdiction throughout the Republic of Sri Lanka to be exercised in the several Zones in accordance with the law for the time being in force. Accordingly, subject to the provisions of the Constitution, and of any existing written law, all provisions relating to High Courts contained in such Law shall, mutatis mutandis, apply to the High Court of the Republic of Sri Lanka ;

(7) all criminal and admiralty cases, proceedings or matters, other than applications for injunctions, pending in the High Courts established under the Administration of Justice Law, No. 44 of 1973, on the day preceding the commencement of the Constitution shall stand removed to the said High Court of the Republic of Sri Lanka and such Court shall have jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the aforesaid High Courts delivered or made before the commencement of the Constitution shall have the same force and effect as if they had been delivered or made by the High Court of the Republic of Sri Lanka ;

(8) the President  of the Court of Appeal shall from time to time as he may deem expedient nominate the Judges of the High Court of the Republic of Sri Lanka to exercise the jurisdiction of the High Court in such zones as he may determine and the Provisions of Chapter II of the Administration of Justice Law, No. 44 of 1973, shall, mutatis mutandis, apply to the hearing and disposal of all proceedings pending in or hereafter instituted in the High Court ;

(9) all indictments filed hereafter in the High Court of the Republic of Sri Lanka shall be in the name of the Republic of Sri Lanka and shall be signed by the Attorney-General or any person authorized under section 189 of the Administration of Justice Law, No. 44 of 1973 ;

(10) all election petition proceedings relating to the election of any person to the membership of the National State Assembly pending in the High Courts established under the Administration of Justice Law, No. 44 of 1973, on the day preceding the commencement of the Constitution shall stand removed to the Court of Appeal and the Court of Appeal shall have the same jurisdiction to take cognizance of, hear and determine or to continue and complete the same, and the judgments and orders of the Supreme Court established by the Administration of Justice Law, No. 44 of 1973, and of the High Courts aforesaid delivered or made before the commencement of the Constitution in such election petition proceedings shall have the same force and effect as if they had been delivered or made by the Supreme Court and the Court of Appeal established by the Constitution, as the case may be. The President of the Court of Appeal is hereby vested with the power to nominate a Judge of the Court of Appeal to hear and determine any election petition in respect of which the Court of Appeal is vested with jurisdiction by the Constitution ;

(11) all attorneys-at-law admitted and enrolled or deemed to have been admitted and enrolled as attorneys-at-law under the provisions of the Administration of Justice Law, No. 44 of 1973, shall subject to the provisions of the Constitution be deemed to have been admitted and enrolled as attorneys-at-law of the Supreme Court created and established by the Constitution ;

(12) after the date fixed by the Minister in charge of the subject of Justice, by Order published in the Gazette, no attorney-at-law shall be entitled to represent any party to a proceeding or be given the right of audience in any court, tribunal or other institution until or unless he has taken and subscribed the oath or made and subscribed the affirmation set out in the Fourth Schedule before a Judge of the Supreme Court, Court of Appeal, High Court or any other judicial officer as defined in Article 114 ; and it shall be the duty of any such Judge or judicial officer, as the case may be, to forward such oath or affirmation so taken and subscribed or made and subscribed to the Registrar of the Supreme Court who shall cause the same to be entered in the rolls of such Court. Such entry shall be the only proof that such attorney-at-law has taken and subscribed or made and subscribed such oath or affirmation ;

(13) the provisions of the Administration of Justice Law, No. 44 of 1973, relating to the Attorney-General, the legal profession, State Attorneys and State Counsel, shall be deemed for all purposes to be in operation, and every reference to the Supreme Court in sections 33 to 36 of the Administration of Justice Law, No. 44 of 1973, and in the rules and regulations relating thereto shall be deemed to be a reference to the Supreme Court established by the Constitution ;

(14) if any matter or question shall arise with regard to any procedure or practice to be followed in any court in consequence of the coming into operation of the Constitution, not provided for in the Constitution or any written law, the Chief Justice shall have the power to give such directions as he may consider necessary to prevent injustice or as the justice of the case may require and to ensure that the provisions of Chapters XV and XVI of the Constitution are given full and complete effect ;

(15) (i) any reference in section 2 of the Special Presidential Commissions of Inquiry Law, No. 7 of 1978, to the Supreme Court shall be deemed to be a reference to the Supreme Court established by the Constitution ;

(ii) where any person has been appointed as a member of a Special Presidential Commission of Inquiry established under the Special Presidential Commission of Inquiry Law, No. 7 of 1978, then, such person shall notwithstanding the provisions of the Constitution, continue to be such member and shall be deemed for the purposes of Article 81 (1) to be a Judge of a Court referred to therein unless he resigns, or refuses or becomes unable to act, or is discharged by the President from the performance of his duties as such member in accordance with the provisions of the Special Presidential Commissions of Inquiry Law, No. 7 of 1978 ;

(iii) any such member specified in the Warrant establishing such Special Presidential Commission of Inquiry as Chairman, shall, subject to the provisions of sub-paragraph (ii) of this paragraph, continue to be the Chairman of such Special Presidential Commission of Inquiry ;

(16) (i) any breach the privileges of the National State Assembly functioning immediately prior to the commencement of the Constitution, shall be deemed to be a breach of the privileges of Parliament and accordingly, Parliament and the Supreme Court, shall have the Power to take cognizance of and punish any person for such breach of privileges of Parliament ;

(ii) where prior to the commencement of the Constitution, any step required or authorized by the Parliament (Powers and Privileges) Act has been taken in respect of, or in relation to, any act or omission alleged to constitute such a breach of the privileges of Parliament as is referred to in sub-paragraph (i) of this paragraph, such step shall be deemed to have been validly taken and any further steps as are required or authorized under such Act, may be taken, in respect of or, in relation to, such alleged breach of the privileges of Parliament as if the act or omission alleged to constitute ; such breach of privileges of Parliament had been committed or had occurred after the commencement of the Constitution.

Provision relating to Queen’s Counsel and Senior Attorneys-at-Law. 60[169A. (1) Every-

(a) Queen's Counsel appointed prior to the coming into force of the Constitution ; and

(b) Senior attorney-at-law appointed by the President after the coming into force of the Constitution,

shall, from the date on which this Article comes into force, be called and known also as President's Counsel and shall continue to enjoy all such privileges as were hitherto enjoyed by a Queen's Counsel.

(2) Every rule made under Article 136 relating to the appointment of Senior attorneys-at-law shall, from the date on which this Article comes into force, be deemed to be rescinded.

(3) Every reference in any written law to "Senior attorney- at-law" shall, from the date on which this Article comes into force, be deemed to include a reference to “President's Counsel."]

52. Substituted by the Third Amendment to the Constitution Sec. 4, for “shall hold office.”

53. Original para (ii) repealed and substituted by the Second Amendment to the Constitution Sec. 2.

54. Substituted by the Sixth Amendment to the Constitution Sec. 4 (1), for “to fill such vacancy. Upon receipt of such nomination, the Commissioner.”

55. Added by the Fifth Amendment to the Constitution Sec. 2 (d).

56. Substituted by the Sixth Amendment to the Constitution Sec. 4 (2)(a) for "within thirty days of his being required to do so."

57. Substituted by the Sixth Amendment to the Constitution Sec. 4 (2) (d), for “vacancy, then the Commissioner of Elections.”

58. Added by the Sixth Amendment to the Constitution sec. 4(3).

59. Original para (e) repealed and substituted by the Fourth Amendment to the Constitution Sec. 2.

60. Inserted by the Eighth Amendment to the Constitution Sec. 4.

title: Constitution of Sri Lanka/Chapter XXI


text:
Constitution of Sri Lanka/Chapter XXII

Interpretation.

170. In the Constitution—

“civic disability” shall have the same meaning as in the Special Presidential Commissions of Inquiry Law, No. 7 of 1978, as on the commencement of the Constitution;

“commencement of the Constitution” means the date appointed by the Proclamation made under Article 172;

“conclusion of the General Election” means the time at which Members of Parliament for all the electoral districts in respect of which a poll has been taken on the date or dates specified in the Proclamation made under Article 70 (5) have been declared elected by the respective returning officers, or when on the results declared more than half the total membership of Parliament consists of Members belonging to any single recognized political party or independent group, whichever event occurs earlier;

"existing law” and “existing written law” mean any law and written law, respectively, in force immediately before the commencement of the Constitution which under the Constitution continue in force;

“judicial officer", other than in Article 114, means any person who holds office as -

(a) a Judge of the Supreme Court or a Judge of the Court of Appeal;

(b) any Judge of the High Court or any Judge, presiding officer or member of any other Court of First Instance, tribunal or institution created and established for the administration of justice or for the adjudication of any labour or other dispute but does not include a person who performs arbitral functions or a public officer whose principal duty or duties is or are not the performance of functions of a judicial nature.

No court or tribunal or institution shall have jurisdiction to determine the question whether a person is a judicial officer within the meaning of the Constitution but such question shall be determined by the Judicial Service Commission whose decision thereon shall be final and conclusive.

No act of such person or proceeding held before such person, prior to such determination, shall be deemed to be invalid by reason of such determination;

“law” means any Act of Parliament, and any law enacted by any legislature at any time prior to the commencement of the Constitution and includes an Order in Council;

“local authority” means any Municipal Council, Urban Council, Town Council or Village Council and includes any Authority created and established by or under any law to exercise, perform and discharge powers, duties and functions corresponding to or similar to the powers, duties and functions exercised, performed and discharged by any such Council;

“public corporation” means any corporation, board or other body which was or is established by or under any written law other than the Companies Ordinance, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise;

“public officer” means a person who holds any paid office under the Republic other than a judicial officer but does not include—

(a) the President; (b) the Speaker; (c) a Minister; (d) a member of the Judicial Service Commission; (e) a member of the Public Service Commission; (f) a Deputy Minister; (g) a Member of Parliament; (h) the Secretary-General of Parliament; (i) a member of the President’s staff; (j) a member of the staff of the Secretary-General of Parliament

"recognized political party” means unless Parliament otherwise provides, every political party which is treated as a recognized political party under the Ceylon (Parliamentary Elections) Order in Council, 1946;

“territorial waters" includes the territorial sea and the historic waters of Sri Lanka;

“written law” means any law and subordinate legislation 61[and includes statutes made by a Provincial Council, Orders,] Proclamations, Rules, By-laws and Regulations made or issued by any body or person having power or authority under any law to make or issue the same.

61. Substituted by the Thirteenth Amendment to the Constitution Sec. 6, for “and includes orders.”

title: Constitution of Sri Lanka/Chapter XXII


text:
Constitution of Sri Lanka/Chapter XXIII

Repeal.

171. The Constitution adopted and enacted on the 22nd day of May, 1972, is hereby repealed.

title: Constitution of Sri Lanka/Chapter XXIII


text:
Constitution of Sri Lanka/Chapter XXIV

Promulgation of the Constitution.

172. (1) The provisions of Chapter I to Chapter XXIII shall come into force on the day appointed by the President by Proclamation.

(2) Parliament shall meet on the day so appointed and the President may, in such Proclamation, specify the time at which Parliament shall so meet.

Devodevo [sic] Vassatukalenavasssatu kalena [sic] sassasampattihetusassasampatti hotu [sic] ca phito bhavatu loko ca raja bhavatu dhammiko

May rain fall in time, may crops be bountiful, may the people be prosperous and the king righteous

SIDDHIRASTUsiddhir astu [sic]

MAY THERE BE PERFECTION

title: Constitution of Sri Lanka/Chapter XXIV


text:
Page:Dictionary of National Biography volume 62.djvu/18

  of pupils. He stands halfway between the scientific amateurs of genius like Cavendish, Lyell, Joule, and Darwin, and the modern professional savants of Cambridge and South Kensington. Averse from excessive speculation and dogmatism, he took no share in the formation of scientific theory. From 1865 to 1882 his reputation stood at the lowest among the new school of professional English biologists, trained when his pioneering work had become the anonymous commonplaces of the text-book, while his recent work was ill understood or largely ignored. From that period onwards it rapidly rose, and at the British Association meeting in Manchester (1887) he was an honoured member of the cosmopolitan group of botanists there present, many of whom were his personal guests. Williamson was elected F.R.S. in 1854. He became a member of the Literary and Philosophical Society of Manchester in 1851, served repeatedly on its council, and was elected an honorary member in 1893; and he took a leading part in the formation in 1858 and in the working of the microscopic and natural history section. His ninth memoir, ‘On the Organisation of the Fossil Plants of the Coal Measures’ (Phil. Trans.), was given as the Bakerian lecture at the Royal Society. A nearly complete bibliography is given in the ‘Reminiscences.’ He received the royal medal of the Royal Society in 1874, an honorary degree of LL.D. of Edinburgh in 1883, and the Wollaston medal of the Geological Society in 1890, besides foreign honours. A portrait by H. Brothers is in the Owens College, Manchester.

 WILLIBALD (700?–786), bishop and traveller, born about 700, was the son of a certain St. Richard who bore the title of king, and is conjectured to have been the son of Hlothere, king of Kent, who died in 685. His mother was Winna, sister of Saint [q. v.], the great apostle of Germany; she was also related to [q. v.], king of Wessex. Willibald had a brother Wunebald and a sister Walburga [q. v.], who were also missionaries among the Germans. In his boyhood he was sent to the monastery of Waltham to be educated (Vita seu potius Hodœporicon Sancti Willibaldi, ap., Descriptiones Terræ Sanctæ, p. 9). Here he conceived the idea of a pilgrimage, and persuaded his father and brother to set out with him for Rome (ib. pp. 14–16) about 720–1. At Lucca Willibald's father died, but he himself and his brother pressed on their difficult and dangerous journey, and finally arrived in Rome. Here Willibald formed the design of going on to Jerusalem, and after wintering in Rome, where he was seriously ill, set out in the spring of 722 for Syria. It was a time when pilgrimage in the east was fraught with infinite hardship and danger, when the old hospitals on the pilgrim routes had fallen into neglect, and when the great Mahommedan empire stretched from the Oxus to the Pyrenees. The sufferings of Willibald and his party were therefore very great. At Emesa they were taken prisoners as spies, but were ultimately set free to visit the pilgrim shrines still allowed to remain open. Willibald seems to have wandered about Palestine a good deal, and to have visited Jerusalem several times, finally leaving Syria about 726 after a narrow escape of martyrdom through smuggling balsam from Jerusalem (, The Dawn of Modern Geography, p. 152; but see, Biogr. Brit. Lit. i. 342). In Constantinople he spent two years, from 726 to 728, returning to Italy after an absence of seven years (ib. p. 52) by way of Naples. At the great Benedictine monastery of Monte Casino he remained for ten years (ib. p. 45), holding various offices in the house. At the end of this time he again visited Rome, where Gregory III talked with him of his travels (ib. pp. 46–7), and authorised the publication of his narrative. Boniface meanwhile was in need of help in Germany, and asked for Willibald, who was accordingly despatched by Gregory III to Eichstädt (ib. pp. 48–9). At Salzburg in 741 Willibald was consecrated to the bishopric of Eichstädt by Archbishop Boniface (ib. pp. 51–2), and after the latter's death became the leader of the German mission. He built a monastery at Eichstädt, and lived a monastic life there (ib.), dying in 786.

Willibald's guide-book, entitled ‘Vita seu Hodœporicon Sancti Willibaldi scriptum a Sanctimoniali,’ from which the details of his life are taken, was dictated by himself (ib. p. 52), and probably written down by a nun at Heidenheim, the finishing touches being added by another hand after his death.


text:
Page:Yul-brynner-immigration-xl.jpg

 TRIPLICATE

(To be given to declarant when originally issued; to be made a part of the petition for naturalization when petition is filed; and to be retained as a part of the petition in the records of the court)

In the Court

of at

(1) My full, true, and correct name is

(2) My present place of residence is

(3) My occupation is (4) I am  years old. (5) I was born on

in (6) My personal description is as follows: Sex

color, complexion , color of eyes , color of hair , height feet  inches, weight  pounds,

visible distinctive marks, race , present nationality

(7) I am married; the name of my wife or husband is ; we were married on

at ; he or she was born at

on ; and entered the United States at

on for permanent residence in the United States, and now resides at

(8) I have children; and the name, sex, date and place of birth, and present place of residence of each of said children who is living, are as follows:

(9) My last place of foreign residence was (10) I emigrated to the United States from

(11) My lawful entry for permanent residence in the United States was

at under the name of

on, on the

(12) Since my last lawful entry for permanent residence I have been absent from the United States, for a period or periods of 6 months or longer, as follows:

(13) I have heretofore made declaration of intention: No., on  at

in the

(14) It is my intention in good faith to become a citizen of the United States and to reside permanently therein. (15) I will, before being admitted to citizenship, renounce absolutely and forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of whom or which at the time of admission to citizenship I may be a subject or citizen. (16) I am not an anarchist; nor a believer in the unlawful damage, injury, or destruction of property, or sabotage; nor a disbeliever in or opposed to organized government; nor a member or affiliated with any organization or body of persons teaching disbelief in or opposition to organized government. (17) I certify that the photograph affixed to the duplicate and triplicate hereof is a likeness of me and was signed by me.

I do swear (affirm) that the statements I have made and the intentions I have expressed in this declaration of intention subscribed by me are true to the best of my knowledge and belief: SO HELP ME GOD.

Yul brynner immigration signature.jpg Subscribed and sworn to (affirmed) before me in the form of oath shown above in the office of the Clerk of said Court, at this  day of, anno Domini 19, I hereby certify that Certification No. from the Commissioner of Immigration and Naturalization, showing the lawful entry for permanent residence of the declarant above named on the date stated in this declaration of intention, has been received by me, and that the photograph affixed to the duplicate and triplicate hereof is a likeness of the declarant.

Clerk of the

By Yul brynner immigration signoff.jpg

e16-19110-1 U. S. GOVERNMENT PRINTING OFFICE

title: Page:Yul-brynner-immigration-xl.jpg


text:
Page:Folk-lore - A Quarterly Review. Volume 21, 1910.djvu/184

156 Haddon, "and in Torres Straits people have refused to tell me their names, though there was no objection to someone else giving me the information." Mr. Clodd quotes examples of a similar feeling as prevalent in British Columbia, among the Abipones of S. America, the Fiji Islanders, the North American Indians, and the Negroes of Trinidad. Here obviously stress is laid on the danger consequent on the act of giving your self away.

We see then that, if you are weak enough to put yourself in the worse position and give the enemy a point of vantage by carelessness or compliance, you are more or less at his mercy.

It is fatal to put yourself in the weaker position, and the converse holds good. If you know that a person is a suspicious character, the best thing to do is to take the bull by the horns.

Bogies are powerless before the lad who didn't know what fear was. There is no need to quote all the examples of the Proteus type of story and that of the victory of a human warrior over a ghostly enemy. Against courage metamorphosis avails not, and to a Jacob or an Osbert spirit antagonists are forced to yield. He who has courage to rush upon a fairy festival and snatch from them their drinking cup or horn will find it prove to him a cornucopia of fortune.

The secret of success is to be the aggressor, to assert


text:
Page:Dictionary of National Biography volume 62.djvu/19

 His book gives little general information, as the writer was intent upon his devotions, but throws some light upon law and custom in the eastern lands in which he travelled. Its value is owing to the extreme scarcity of pilgrim notices during the eighth century. It is published by Mabillon in the ‘Acta Sanctorum Ordinis Benedicti’ (iv. 365 seq.), but the most accessible edition is that of Tobler in the ‘Descriptiones Terræ Sanctæ’ (pp. 1–55). Other lives based upon this have been written, but have added to it nothing of importance (, Descriptive Catal. i. pt. ii. pp. 490–1). The chief of these—the ‘Vita sive potius Itinerarium Sancti Willibaldi auctore Anonymo’—is also published by Tobler (loc. cit. pp. 56–76). Willibald is said to have written the well-known life of St. Boniface published by Jaffé in the ‘Monumenta Moguntina’ in ‘Bibliotheca Rerum Germanicarum’ (Descript. Catal. loc. cit. p. 478; but see Biogr. Brit. Lit. i. 344–5).

[Authorities quoted in the text.]  WILLIBRORD or WILBRORD, (657?–738?), archbishop of Utrecht and apostle of Frisia, born about 657, was a Northumbrian ( in Mon. Hist. Brit. i. 539 B), the son of Wilgils, who, after Willibrord's birth, retired from the world to a cell at the mouth of the Humber (, Vit. Will. vol. i. chap. i.), where he lived the anchorite's life. His day was later observed as a feast day in Willibrord's own monastery of Echternach (ib. chap. xxxi.). Dedicated by his mother and father to a religious life, Willibrord, as soon as he was weaned, was given to the monks of Ripon, where he came under the influence of St. Wilfrid [q. v.] (ib. chap. iii.;, Vita Wilfridi in Historians of Church of York, vol. i.) In his twentieth year, the fame of the schools and scholars of Ireland drew him thither, and he spent the next twelve years (677–90) at the monastery of Rathmelsigi with St. Egbert [q. v.], who in 690 sent Willibrord, after he had been ordained priest, to preach the gospel to the Frisians.

Landing at the mouth of the Rhine, Willibrord went thence to Trajectum (Utrecht), but, finding the pagan king Rathbod and his Frisians hostile, he boldly went direct to Pippin of Herstal, ‘duke of the Franks,’ who had just (687) established his power over the Franks by the battle of Testry (ib.;, Vit. Will. i. chap. v.). Pippin welcomed Willibrord, and thus identified himself and his house with the conversion of those parts of the German settlements which were still heathen. The alliance between Pippin and Willibrord was the salvation of the new movement. Rathbod being expelled, multitudes of the people of ‘Hither Frisia’ received the faith (ib.; Mon. Hist. Brit. i. 538 D). Willibrord went probably in 692 to Rome to obtain the consent of Pope Sergius to the mission, and in the hope of receiving certain holy relics of the apostles and martyrs to place in the churches he wished to build in Friesland (, Hist. Eccl. vol. v. chap. xi.;, Vit. Will. vol. i. chaps. vi. vii.). He obtained both, and on his return overthrew pagan idols, planted churches, placing in them the relics he had brought from Rome, and, though amid great difficulties, won the trust of the Frisians. He made a bold onset in Heligoland upon the pagan shrine of the god Fosite, who was a son of Balder, and, inviting the vengeance of the god by his infringement of the laws guarding the sacred fountain there, he won a remarkable supremacy over the minds of the pagan Frisians (, vol. i. chaps. x. xi.). He destroyed the great idol of Walcheren, at the peril of his own life (ib. vol. i. chap. xiv.). In 714 Pippin and Plectrudis his wife gave Willibrord the monastery of Suestra (, Pat. Lat. lxxxix. 547); here occurred one of a series of miracles which won for the saint among the people the reputation of supernatural power (, chaps. xv. xvi.)

Extending his labours beyond the Frankish lands, Willibrord went to Rathbod, but failed to convert him (ib. chap. ix.), and finally, recognising that as hopeless, went on ‘ad ferocissimos Danorum populos,’ and their king ‘Ongendus, homo omni fera crudelior’ (possibly the Ongentheow of Beowulf), who was as firmly pagan as Rathbod. But Willibrord took thirty Danish boys back with him, and baptised them, hoping to train them up as Christians, and to send them when men on a mission to their own land (ib. chap. ix.). Gradually Willibrord was able to organise his great ‘parochia.’ The faithful, in their gratitude to him, offered their patrimonies, which were devoted to religious foundations (ib. chap. xii.; for the charters of the most famous of these grants see, Pat. Lat. lxxxix. 535–53).

In 695 or 695 Willibrord went to Rome a second time, in order that, at Pippin's request, he might be consecrated archbishop of the Frisians by Sergius. He was consecrated in the church of Santa Cecilia in Trastevere on St. Cecilia's day (22 Nov.), and on consecration received the name of Clement, a name which however, never came into general use (, Hist. Eccl. v. 11;, ‘Chron. sive de VI Ætatt. Sæculi’ in Mon. Hist. Brit. p. 99 C; Chron.


text:
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78 race and often in sharp contrast with those of the mass of the people of India. They are separated from India by a broad barrier of mountains inhabited by wild tribes, across which there is hardly any communication. A succession of mountain ranges also divides them from China, but over these there is far more intercourse, and their affinities are on the whole with the Chinese, whom they regard with respect and commonly refer to as "the great nation." Indeed Mr. Taw Sein Ko, the late Government Archaeologist, has pointed out that the Burmese words for the fundamental acts of the Buddhist religion are not Indian but Chinese in origin, and he suggests that the first Buddhist missionaries may have come to Burma from China. Moreover, as mentioned by me in Man for February 1916, a Burman always turns to the east in offering Buddhist prayers if there is no symbol of his religion in the neighbourhood, in spite of the fact that Gotama's country lies to the west. He must sleep with his head to the east or south, never to the west or north, and he is invariably buried with his head to the east. This may conceivably be due to the tribe which eventually imposed its language and customs on the inhabitants of the Burma plains having come from the east, or in other words from China, where there are still tribes speaking languages closely allied to Burmese. The Tamans, as will presently be seen, certainly came from China, and they are but a tribe which happens to have retained its individuality while others have lost theirs.