CEYLON (CONSTITUTION) Order In Council, 1946.
| Jurisdiction | UK Non-devolved |
| Citation | SI 1946/5010 |
1946 Unnumbered
CEYLON
4. Constitution and Independence Orders in Council, 1946 and 1947 (Consolidated)
THE CEYLON (CONSTITUTION) ORDER IN COUNCIL, 1946.PRESENT,
The King's Most Excellent Majesty in Council.
Whereas by the Orders in Council set out in the First Schedule to this Order provision is made for the constitution of a State Council for the Island of Ceylon:
And whereas in the years 1944 and 1945 a Commission was appointed by His Majesty's Government under the chairmanship of the Right Honourable Herwald, Baron Soulbury, O.B.E., M.C., to visit the Island of Ceylon in order to examine and discuss proposals for constitutional reform, and the said Commission duly visited the Island and made a report to His Majesty's Government:
And whereas a Statement of Policy on Constitutional Reform in Ceylon was presented to Parliament by His Majesty's Government in the month of October, 1945:
And whereas paragraph 10 of the said Statement of Policy contained the following decision:
"His Majesty's Government are in sympathy with the desire of the people of Ceylon to advance towards Dominion status and they are anxious to co-operate with them to that end. With this in mind, His Majesty's Government have reached the conclusion that a Constitution on the general lines proposed by the Soulbury Commission (which also conforms in broad outline, save as regards the Second Chamber, with the Constitutional scheme put forward by the Ceylon Ministers themselves) will provide a workable basis for constitutional progress in Ceylon.
"Experience of the working of Parliamentary institutions in the British Commonwealth has shown that advance to Dominion status has been effected by modification of existing constitutions and by the establishment of conventions which have grown up in actual practice.
"Legislation such as the Statute of Westminster has been the recognition of constitutional advances already achieved rather than the instrument by which they were secured. It is therefore the hope of His Majesty's Government that the new constitution will be accepted by the people of Ceylon with a determination so to work it that in a comparatively short space of time such Dominion status will be evolved. The actual length of time occupied by this evolutionary process must depend upon the experience gained under the new constitution by the people of Ceylon":
And whereas, having regard to the matters aforesaid, it is expedient to revoke the said Orders in Council and to make other provision in lieu thereof:
Now, therefore, it is hereby ordered by His Majesty, by and with the advice of His Privy Council, as follows:—
PART I.
Preliminary.
Short title and application.
1.—(1) This Order may be cited as the Ceylon (Constitution) Order in Council, 1946.
(2) Nothing in this Order shall extend to the Maldive Islands.
Dates of operation.
2.—(1) This Order shall be published in the Government Gazette.
(2) Parts I, IV and IX of this Order shall come into operation on the date on which this Order is published in the Government Gazette(a).
(3) Part III of this Order shall come into operation on such date as the Governor may appoint by Proclamation, being a date not earlier than nine months from the date on which this Order is published in the Government Gazette.(b)
(4) Parts II, V, VI and VII of this Order shall come into operation on such date or dates as the Governor may appoint by Proclamation, being a date or dates not later than the date on which the names of Members elected to the first House of Representatives are first published in the Government Gazette.(c)
(5) Part VIII of this Order shall come into operation on the date of the first meeting of the House of Representatives.(d)(e)
Interpretation.
3.—(1) In this Order, unless the context otherwise requires—
"adjourn" with its grammatical variations and cognate expressions means terminate a sitting of the Senate or the House of Representatives, as the case may be;
26 Geo. 5 & 1 Edw. 8. c. 2.
"British subject" means any person who is a British subject according to the law for the time being of the United Kingdom, any person who has been naturalised under any enactment of any of His Majesty's dominions, and any person who is a citizen or subject of any of the Indian States as defined for the purposes of the Government of India Act, 1935;
"dissolve" with its grammatical variations and cognate expressions means terminate the continuance of a Parliament;
"elector" means a person entitled to vote at an election of a Member;
"the existing Orders in Council" means the Orders in Council set out in the First Schedule to this Order;
"general election" means the first general election of Members after the date on which this Part of this Order comes into operation or a general election of Members after a dissolution;
"Governor-General" means the Governor-General and Commander-in-Chief of the Island and includes the Officer for the time being Administering the Government and, to the extent to which a Deputy for the Governor-General is authorised to act, that Deputy;
"Island" means the Island of Ceylon and the dependencies thereof;
"judicial office" means any paid judicial office;
(a) Parts I, IV and IX came into operation on 17th May, 1946 (Ceylon Government Gazette No. 9554 of May 17, 1946).
(b) Part III came into operation on 5th July, 1947 (Ceylon Government Gazette No. 9728 of February 7, 1947).
(c) Parts II, V, VI and VII came into operation on 1st September, 1947 (Ceylon Government Gazette No. 9757 of September 1, 1947).
(d) Part VIII came into operation on 14th October, 1947 (Ceylon Government Gazette No. 9784 of October 7, 1947).
(e) Para. (5) as amended by Order in Council of July 3, 1947.
"Legislative Council" means the Legislative Council which was constituted by the Ceylon (Legislative Council) Order in Council, 1923 (a);
"Member" or "Member of Parliament" means a Member of the House of Representatives;
"Parliament" means the Parliament of the Island;
"President" means the President, for the time being, of the Senate and includes the Deputy President or other Senator who may for the time being be acting as President;
"Proclamation" means a Proclamation by the Governor published in the Government Gazette;
"prorogue" with its grammatical variations and cognate expressions means bring a session of Parliament to an end;
"public office" means any office the holder of which is a public officer;
"public officer" means any person who holds a paid office, other than a judicial office, as a servant of the Crown in respect of the Government of the Island, but does not include—
(a) the Governor-General or any member of the Governor-General's office or of his personal staff,
(b) the President, the Speaker, or an officer of the Senate or the House of Representatives,
(c) the Clerk to the Senate, the Clerk to the House of Representatives or a member of the staff of the Clerk to the Senate or the Clerk to the House of Representatives,
(d) a Minister or Parliamentary Secretary, or a person who, having held office as a Minister under the existing Orders in Council immediately prior to the date on which Part III of this Order comes into operation, continues to hold office as a Minister at any time during the period commencing on that date and ending on the date on which Ministers or other authorities assume charge of such functions as may be assigned to them under this Order,(b)
(e) a Senator or a Member of Parliament by reason only of the fact that he receives any remuneration or allowance as a Senator or Member,
(f) a member of the Judicial Service Commission,
(g) a member of the Public Service Commission,
(h) the Auditor-General,
(i) a member of the Ceylon Defence Force or of the Ceylon Naval Volunteer Force or of any other naval, military, or air force that may be raised under the provisions of any Act of Parliament, by reason only of his membership of any such force,
(j) a Crown Advocate other than a Crown Counsel,
(k) a Crown Proctor;
(a) S.R. & O. 1923, p. 1035.
(b) Para. (d) as amended by Order in Council of August 8, 1947.
"Secretary of State" means one of His Majesty's Principal Secretaries of State;
"Senator" means a person who is for the time being a Member of the Senate;
"Session" means the meetings of Parliament commencing when Parliament first meets after being constituted under this Order, or after its prorogation or dissolution at any time, and terminating when Parliament is prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the Senate or the House of Representatives, as the case may be, is sitting continuously without adjournment, and includes any period during which the Senate or the House of Representatives is in Committee;
"Speaker" means the Speaker for the time being of the House of Representatives and includes the Deputy Speaker or other Member who may for the time being be acting as Speaker;
"State Council" means the State Council constituted by the Ceylon (State Council) Order in Council, 1931(a);
"United Kingdom" means the United Kingdom of Great Britain and Northern Ireland.
(2) Any reference in this Order to an Order in Council shall be construed as a reference to that Order as amended by any subsequent Order.
(3) Any reference to the holder of a particular judicial or public office shall be deemed to include a reference to a person acting in that office.
Cap. 2
(4) In the interpretation of this Order, the provisions of the Interpretation Ordinance other than the definition of "the Government" shall, subject to the express provisions of this Order, and notwithstanding any provision to the contrary in that Ordinance, apply as it applies for the interpretation of an Ordinance of the State Council, or of an Act of Parliament.(b)
PART II.
The Governor-General
Appointment and Functions of Governor-General.
4.—(1) The Governor-General shall be appointed by His Majesty, and shall have and may exercise in the Island during His...
To continue reading
Request your trial