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The Constitution of the Democratic Socialist Republic of Sri Lanka
at such election shall commence on the expiration of the
term of office of the President in office:
Provided that notwithstanding anything to the
contrary in Article 40 –
(a) if any person declared elected as President at
a poll for the election of a President dies at
any time after his being declared elected as
President and before the date on which his
term of office would, but for his death, have
commenced, the Commissioner of Elections,
shall take a fresh poll for the election of a
President. If the date fixed for such fresh poll
is a date later than such first-mentioned date,
the term of office of the person declared
elected at such poll shall, notwithstanding the
preceding provisions of this Article, be
deemed to have commenced on such firstmentioned date. For the purposes only of
Article 38(1)(d), the date of commencement
of the term of office of the new President
shall be the date of his election;
(b) where the President in office is not a
candidate or is not re-elected, at a poll for the
election of a President, his term of office
shall be deemed to have expired on the date
on which the result of such election is
declared. The person elected as President at
such election shall assume office forthwith,
but not later than two weeks from such date:
Provided that the President in office,
notwithstanding anything to the contrary in
Article 30, shall continue to exercise, perform
and discharge the powers, duties and functions
of the office of President until the assumption
of office by the person declared elected as
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