Proposal on Devolution of Power - CBK Govt
1996
Contents
Preamble
I. The People, the State and Sovereignty
II. Buddhism
III. The Devolution of Power to Regions
Establishment of Regional
Election of Members
Governor
Executive Powers of the Region
Membership of the Regional Council
Term of Office
Board of Ministers
Legislative Power
When a Draft Statute becomes law
Regional Judiciary
The Regional Attorney General
Finance Commission
Regional Public Service Commission
Regional Public Service
Property, Contracts, Rights, Liabilities and Suits
State Land
Law and Order
State of Emergency within a Region
Finance
Chief Ministers' Conference
Second Schedule
List I - Reserved List
List II - Regional List
Proposal on Devolution of Power
CONTENTS
Chapter Heading Articles Page
Preamble I
I The People, the State and Sovereignty 1 - 6 01
II Buddhism 7 03
III The Devolution of Power to Regions
Establishment of Regional Councils 8 04
Election of Members 9 04
Governor 10 04
Executive Powers of the Region 11 06
Membership of the Regional Council 12 06
Term of Office 13 07
Board of Ministers 14 07
Legislative Power 15 08
When a Draft Statute becomes law 16 09
Regional Judiciary 17 & 18 09
The Regional Attorney General 19 11
Finance Commission 20 12
Regional Public Service Commission 21 14
Regional Public Service 22 15
Property, Contracts, Rights, Liabilities
and Suits 23 15
State Land 24 16
Law and Order 25 17
State of Emergency within a Region 26 19
Finance 27 21
Chief Ministers' Conference 29 24
Second Schedule
List I - Reserved List 26
List II - Regional List 28
Preamble
Whereas it is the will of the people of Sri Lanka to establish an order
-
* Wherein the sovereignty of the people is assured and the exercise of
authority by their freely chosen representatives is in the nature of
a sacred trust;
* Wherein the principles of democracy, freedom, humanity, tolerance
and justice shall be fully observed;
* Wherein the dignity of the individual shall be upheld through the
guaranteeing of human rights and fundamental freedoms without
distinction and in full equality before the law;
* Wherein the territories constituting the nation shall form one
indissoluble union, the units whereof will be characterized by such
boundaries and limitations on their powers and authority as may be
prescribed;
* Wherein the territorial integrity, independence and unity of the
nation including its sovereign rights over land, sea and air shall
be safeguarded;
* Wherein peace and fraternity between all communities shall be
secured and provision made enabling all communities to enjoy and
nurture their distinct culture, practise and profess their own
religion and promote their own language, thus preserving the rich
cultural and ethnic diversity typifying a plural society:
Now, therefore, we the people of Sri Lanka having solemnly resolved to
constitute Sri Lanka into a free, sovereign, united and independent
Republic:
Cognizant of the sacrifices made by the people in the cause of
sustaining the unity and sovereignty of the Republic;
Mindful of our obligation to succeeding generations of Sri Lankans and
the World;
Inspired by the vision of a nation where all communities can co-exist in
safety, security and contentment;
Conscious of the desire to achieve rapid, sustainable and equitable
development so that the people of Sri Lanka may prosper and attain their
rightful place among the community of nations:
do, on this [ DAY] acting through our freely chosen representatives
constituting the 10th Parliament of Sri Lanka established by us, hereby
adopt, enact and give to ourselves
this CONSTITUTION
as the SUPREME LAW of the REPUBLIC OF SRI LANKA
i
CHAPTER I The People, the State and Sovereignty
1. Sri Lanka is a united and sovereign Republic and shall be
known as the Republic of Sri Lanka. The Republic of Sri Lanka shall
be an indissoluble Union of Regions.
2. (1) The territory of the Republic shall consist of Regions,
the names, boundaries and area of which are set out in the First
Schedule, the Capital Territory and its territorial waters.
(2) No Regional Administration or Regional Administrations
shall attempt, by direct or indirect means, to promote or otherwise
advocate an initiative towards:
(a) the separation or secession of such Region or
Regions from the Union of Regions constituting the
Republic of Sri Lanka;
(b) alteration of the area of such Region or Regions;
(c) alteration of the boundaries of such Region or
Regions;
(d) alteration of the name or names of such Region or
Regions;
(e) formation of a new Region by separation of
territory from any Region or by uniting two or more
Regions or parts of Regions or by uniting any
territory with a part of any Region.
Provided that nothing in this paragraph shall be read and construed
as prohibiting a Regional Administration from making
representations to the Central Government regarding the matters
referred to in sub-paragraph (c) of this paragraph.
3. In the Republic of Sri Lanka, sovereignty is in the
People and is inalienable. Sovereignty includes the powers of
Government, fundamental rights and the franchise and shall be
exercised and enjoyed in the following manner.
(a) the legislative power of the People shall be exercised by
Parliament, Regional Councils and the People at a
Referendum;
(b) the executive power of the People shall be exercised by
the President of the Republic acting on the advice of the
Prime Minister and the Cabinet of Ministers, and the
Governors acting on the advice of the respective Chief
Ministers and Regional Boards of Ministers to the extent
hereinafter provided;
(c) the judicial power of the People shall be exercised
through courts, tribunals and institutions created and
established, or recognized, by the Constitution, or
created and established by law, except in regard to
matters relating to the privileges, immunities and powers
of Parliament and of its Members, wherein the judicial
power of the People may be exercised directly by
Parliament according to law;
(d) the fundamental rights which are by the Constitution
declared and recognized shall be respected, secured and
advanced by all the organs of Government, and shall not
be abridged, restricted or denied, save in the manner and
to the extent hereinafter provided; and
(e) the franchise shall be exercisable at the election of
Members of Parliament, and of the Members of Regional
Councils, and at every Referendum by every citizen who
has attained the age of eighteen years, and who, being
qualified to be an elector as hereinafter provided, has
his name entered in the register of electors.
4. The National Flag of the Republic of Sri Lanka shall be
the Lion Flag depicted in the Third Schedule.
5. The National Anthem of the Republic of Sri Lanka shall be
"Sri Lanka Matha", the words and music of which are set out in the
Fourth Schedule.
6. The National Day of the Republic of Sri Lanka shall be
the fourth day of February.
CHAPTER II Buddhism
7*. (1) The Republic of Sri Lanka shall give to Buddhism the
foremost place and accordingly it shall be the duty of the State to
protect and foster the Buddha Sasana, while assuring to all
religions the rights granted by Articles 15(1) and 15(2)**
(2) The State shall consult the Supreme Council in all
matters pertaining to the protection and fostering of the Buddha
Sasana.
(3) For the purpose of this Article "Supreme Council" means
a Council established by law in consultation with the Maha Sangha.
* Article 7 (formerly Article 6 in the Working Drafts of the New
Constitution), shall be an "entrenched provision" requiring a
2/3 majority in Parliament and the approval of the People at
a referendum for amendment.
** Article 15(1) and 15(2) refer to the rights declared in the
Chapter on Fundamental Rights in the revised working draft of
the Constitution which was published in the media on 21/05/95
(these rights were contained in Articles 10 and 14 (1) (e) of
the First Working Draft of the Constitution presented to the
Parliamentary Select Committee on the Constitution). The
Articles in question will be renumbered.
CHAPTER III THE DEVOLUTION OF POWER TO REGIONS
Establishment of Regional Councils
8. (1) A Regional Council shall be established for every Region
specified in the First Schedule with effect from such date or dates
as the President may appoint by Order published in the Gazette.
Different dates may be specified in respect of different Regions.
(2) The Capital Territory comprising the cities of Colombo
and Sri Jayawardenapura-Kotte will be excluded from the
jurisdiction of the Regional Council established for the Western
Region under paragraph (1) and will be administered by the Centre.
Election of Members
9. Every Regional Council established under Article 8 (1)
shall be constituted upon the members of such Council being elected
in accordance with the law relating to Regional Council elections.
Governor
10. (1) There shall be a Governor for each Region for which a
Regional Council has been established in accordance with Article 8.
(2) The Governor shall be appointed by the President on the
advice of the Chief Minister of the region.
(3) The Governor may, by writing addressed to the President,
resign his office.
(4) (a) A Regional Council may, subject to 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 power of his office; or
(iii) is guilty of bribery or 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
Speaker of the Regional 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 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 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 or a Member of a Regional Council
shall vacate his seat in Parliament or in the Regional Council. The
Governor shall not hold any other office or place of profit.
(8) (a) The Governor may from time to time summon a Regional
Council to meet at such time and place as it thinks fit, but two
months shall not intervene between the last sitting in one session
and the date appointed for the first sitting of the next session.
(b) The Governor may, from time to time, prorogue the
Regional Council
(c) The Governor may dissolve the Regional Council
(d) The Governor shall exercise his power under this
paragraph in accordance with the advice of the Chief Minister, as
long as the Board of Ministers commands, in the opinion of the
Governor, the support of the majority of the Regional Council.
(9) The Governor of a region shall have the power to grant
pardon to every person convicted of an offence against a statute
made by the Regional Council of that region or a law made by
Parliament on a matter in respect of which the Regional Council has
power to make statutes, and to grant a respite or remission of
punishment imposed by Court on any such person.
(10) The Governor may address the Regional Council and may for
that purpose require the attendance of members.
(11) 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.
Executive Powers of the Region
11. The executive power of the Region which shall extend to
the matters with respect to which a Regional Council has power to
make statutes, shall be vested in the Governor acting on the advice
of the Chief Minister and the Board of Ministers and shall be
exercised by the Board of Ministers either directly or through the
Chief Minister and the Ministers of the Board of Ministers or
through subordinate officers, in accordance with this Chapter.
Membership of the Regional Council
12. A Regional Council shall consist of such number of
members as may be determined by or under law, having regard to the
area and the population of the Region for which that Regional
Council is established.
Term of Office
13. A Regional Council shall, unless sooner dissolved,
continue for a period of five years from the date appointed for its
first meeting, and the expiry of the said period of five years
shall operate as the dissolution of the Council.
Board of Ministers
14. (1) There shall be a Board of Ministers with the Chief
Minister as the Head and not more than six other Ministers to aid
and advise the Governor of a Region 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) The question of whether any and, if so, what advice was
tendered by a Minister to the Governor shall not be inquired into
in any Court.
(3) The Governor shall appoint as Chief Minister the member
of the Regional Council established for that Region who, in his own
judgement and 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 the Regional Council are members of one political party,
the Governor shall appoint the leader of that political party in
the Council as Chief Minister.[A Transitional Provision will
provide for the appointment of the First Chief minister by the
President]
(4) The Governor shall, on the advice of the Chief Minister
appoint, from among the members of the Regional Council constituted
for that Region, the other Ministers.
(5) The Board of Ministers shall be collectively responsible,
and answerable, to the Regional Council.
(6) 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 Fifth Schedule.
(7) (a) Upon the death or resignation of the Chief Minister
or where the Chief Minister is deemed to have resigned, the Board
of Ministers shall stand dissolved, and the Governor shall appoint
a Chief Minister, and a Board of Ministers in accordance with this
Article.
(b) If the Regional Council rejects the statement of
policy of the Region or the Appropriation Bill or passes a vote of
no-confidence in the Regional administration, the Chief Minister
shall be deemed to have resigned.
Legislative Power
15. (1) Parliament has exclusive power to make laws with respect
to any of the matters enumerated in list I of the Second Schedule
(referred to as the Reserved List) and with respect to the matters
in list II in the Second Schedule (referred to as the Regional
List) in relation to the Capital Territory referred to in Article
8(2).
(2) The Regional Council of a Region has exclusive power to
make statutes for such Region or any part thereof with respect to
any of the matters enumerated in list II of the Second Schedule
(referred to as the Regional List).
(3) When there is a law with respect to any matter in the
Regional List in force on the date on which this Chapter comes into
force, and a Regional Council established for a Region 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 Regional Council statute receives assent, remain suspended and
be inoperative within that Region, to the extent of such
inconsistency.
When a Draft Statute becomes Law
16. (1) Every Draft Statute passed by a Regional Council shall
come into force upon the certificate of the Speaker being endorsed
thereon.
(2) The Speaker shall endorse on every Draft Statute passed
by the Regional Council a certificate in the following form:
"This Draft Statute (state the short title of the Draft
Statute) has been duly passed by the Regional Council".
Regional Judiciary
17. (1) There shall be a High Court for every Region 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
Region.
(2) Every such Regional High Court shall exercise, according
to law:
a) the original criminal jurisdiction of the High Court
of Sri Lanka on the day preceding the commencement of the
Constitution, in respect of offences committed within the
Region;
b) appellate and revisionary jurisdiction in respect of
convictions, sentences and orders imposed by Magistrate's
Courts and Primary Courts within the Region; and
c) such other jurisdiction and powers as Parliament may,
by law, provide.
(3) 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 Region; and
b) orders in the nature of writs of certiorari,
prohibition, procedendo, mandamus and quo warranto
against any person exercising, within the Region, any
power under -
(i) any law, or
(ii) any statute made by the Regional Council
established for that Region
in respect of any matter set out in the Regional List.
(4) Subject to the provisions of the Constitution and any
law, any person aggrieved by a final order, judgement or sentence
of any such Court, in the exercise of its jurisdiction under
paragraphs 17.(2) and 17. (3), may appeal therefrom to the Court of
Appeal.
18. (1) There shall be a Regional Judicial Service Commission
for every Region which shall consist of three retired judges or
sitting judges of the Supreme Court, the Court of Appeal or the
High Court, appointed by the Constitutional Council in consultation
with the Chief Minister of the relevant region:
Provided that where a sitting judge is appointed, he
shall relinquish his judicial office.
(2) The appointment, transfer, dismissal and disciplinary
control of judicial officers within the Region is vested in the
Regional Judicial Service Commission of that Region:
Provided that the National Judicial Service Commission
shall provide for and determine all matters relating to judicial
officers and the principles and procedure to be followed by
Regional Judicial Service Commissions for the exercise of the
powers of appointment, transfer, dismissal and disciplinary control
of judicial officers including formulation of schemes of
recruitment and principles to be followed in making promotions and
transfers.
(3) The Chairman of the Regional Judicial Service Commission
or any Judge of the Regional High Court authorized by the Chairman
of the Commission shall have full power and authority to inspect
any court of first instance in the Region or the records, registers
or other documents maintained in such court and hold such inquiry
as may be necessary.
The Regional Attorney-General
19. (1) The Governor of each region shall appoint a person who is
qualified to be appointed as a judge of a Regional High Court, to
be the Regional Attorney-General.
(2) It shall be the duty of the Regional Attorney-General to
give advice to the Governor, the Chief Minister and the Board of
Ministers upon such legal matters and perform such other duties of
a legal character, as may from time to time be referred or assigned
to him by the Governor, and to discharge the functions conferred on
him by or under this Chapter or such other law as may be enacted by
Parliament.
(3) The Regional Attorney-General shall hold office during
the pleasure of the Governor and shall receive such remuneration as
the Governor may determine.
(4) (a) It shall be the duty of the Regional Attorney-General
to examine every Draft Statute proposed to be passed by the
Regional Council for any contravention of the Constitution, and the
Regional Attorney-General or any officer assisting the Regional
Attorney-General in the performance of his duties under this
Article shall be afforded all facilities necessary for the
performance of such duties.
(b) If the Regional Attorney-General is of opinion that
a Draft Statute contravenes the Constitution, he shall communicate
such opinion to the Governor, the Chief Minister and the Board of
Ministers:
Provided that, in the case of an amendment proposed to a Draft
Statute in the Regional Council, the Regional Attorney-General
shall communicate his opinion to the Speaker at the stage when the
Draft Statute is ready to be put to the Regional Council for its
acceptance.
(c) Where a Draft Statute is passed, despite the opinion
of the Regional Attorney-General that it contravenes the
Constitution, it shall be the duty of the Regional Attorney-General
to invoke the jurisdiction of the Supreme Court to determine the
constitutionality of such statute or any part thereof.
Finance Commission
20. (1) There shall be a Finance Commission consisting of -
three members representing 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 who shall be appointed by
the President on the recommendation of the Constitutional
Council.
(2) Every member of the Commission, unless he earlier dies,
resigns or is removed from office, shall 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 Regions.
(4) It shall be the duty of the Commission to make
recommendations to the President as to -
a) the principles on which such funds as are granted
annually by the Government for the use of Regions,
should be apportioned between the various Regions;
b) the principles on which the sharing and/or
assignment of revenue between the Centre and the
Regions should take place with a view to ensuring
the assured measure of finances necessary for
effective devolution; and
c) any other matter referred to the Commission by the
President relating to Regional 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 Region;
b) the per capita income of each Region;
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 Region and
the highest per capita income among the Regions.
(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.
Regional Public Service Commission
21. (1) There shall be a Regional Public Service Commission which
shall consist of not less than five persons appointed by the
Constitutional Council in consultation with the Governor. The
Constitutional Council shall nominate one of the members of the
Commission to be the Chairman.
(2) No person shall be so appointed or continue as a member
of the Regional Public Service Commission if he is a Member of
Parliament, a Member of a Regional Council, a public officer, a
judicial officer or an officer of a Regional Public Service.
(3) Every member of a Regional Public Service Commission
shall hold office for a period of five years from the date of his
appointment unless he earlier resigns his office by writing under
his hand addressed to the Governor of the Region or is removed from
office by the Constitutional Council, in consultation with the
Governor for cause assigned, but shall be eligible for
reappointment.
(4) A member of a Regional Public Service Commission shall be
paid such salary as may be determined by the Regional Council for
that Region. The salary payable to any such member shall be charged
on the regional consolidated fund and shall not be diminished
during his term of office.
(5) A Regional Public Service Commission shall have the power
to act notwithstanding any vacancy in its membership, and no act or
proceedings of such Commission shall be deemed to be invalid by
reason only of any such vacancy or any defect in the appointment of
a member.
Regional Public Service
22. (1) The appointment, transfer, dismissal and disciplinary
control of officers of the Regional Public Service in each Region
is hereby vested in the Regional Public Service Commission.
(2) The Regional Public Service Commission shall provide for
and determine all matters relating to officers of the Regional
Public Service, including the formulation of schemes of recruitment
and codes of conduct for such officers, the principles to be
followed in making promotions and transfers and the procedure for
the exercise and the delegation of the powers of appointment,
transfer, dismissal and disciplinary control of such officers.
(3) Every person who otherwise than in the course of duty
directly or indirectly, by himself or by any other person, in any
manner whatsoever, influences or attempts to influence any
decisions of a Regional Public Service Commission or any member
thereof shall be guilty of an offence and shall on conviction by a
High Court after trial without a jury be liable to a fine not
exceeding one thousand rupees or to imprisonment for a term not
exceeding one year or to both such fine and imprisonment:
Provided that nothing in this Article shall prohibit any person
from giving a testimonial or certificate to any applicant for any
office in the Regional Public Service Commission.
Property, Contracts, Rights, Liabilities, Obligations and Suits
23 (1) (a) All lands, mineral and other things of value
underlying the ocean within the territorial waters, or the
continental shelf or the exclusive economic zone of Sri Lanka,
shall continue to vest in the Centre and be held for the purposes
of the Republic.
(b) All other resources of the exclusive economic zone of
Sri Lanka shall also continue to vest in the Centre and be held for
the purposes of the Republic.
(c) The limits of territorial waters, the continental
shelf, the exclusive economic zone and other maritime zones of Sri
Lanka shall be such as specified, from time to time, by any laws
made by Parliament.
(2) (a) All contracts made in the exercise of the executive
powers of a Region shall be expressly made by the Governor of the
Region, and all such contracts and all assurances of property made
in the exercise of that power shall be executed on behalf of the
Governor by such persons in such manner as he may direct or
authorize.
(b) The Governor shall not be personally liable in
respect of any contract or assurance made or executed for the
purposes of this Article. Nor shall any person making any such
contract or assurance on behalf of the Governor be personally
liable in respect thereof.
State Land
24. (1) State land within a region shall vest in the Region and
shall, subject to this Article, be at the disposal of the Regional
Council for the purposes set out in the Regional List.
(2) The Regional administration shall be entitled to exercise
rights in or over such land, including land tenure, transfer or
alienation of land, land use, land settlement and land improvement
in accordance with applicable laws.
Provided that priority in future land settlement schemes shall
be accorded first to persons of the district and then to persons of
the Region.
(3) If the Centre is satisfied that State Land in a Region is
needed for the purpose of a reserved subject, the Centre may, after
consultation with the relevant Regional administration, require the
Regional administration to make available to the Centre, or to such
public authority as the Centre may specify, such land as may be
required for such purpose, and the Regional administration shall
comply with such requirement.
(4) Inter-regional irrigation projects are schemes where the
command area falls within two or more Regions. These shall be the
responsibility of the Centre.
Law and Order
25. (1) Law and order shall be a subject devolved on the regions
and shall include public order in the region and the exercise of
police powers.
(2) National defence and national security shall be reserved
subjects.
(3) (a) There shall be a Regional Police Service headed by
the Regional Police Commissioner who shall be appointed by the
Chief Minister of the Region in consultation with the Governor of
the Region.
(b) There shall be a Regional Police Commission
consisting of the Regional Police Commissioner, and two others
appointed by the Constitutional Council.
(c) The Regional Police Commission shall be responsible
for the recruitment, transfer, promotion and disciplinary control
of officers in the Regional Police Service. The Regional Police
Commission in exercising its powers under this Article may, if it
deems it appropriate, adopt any criteria specified by the National
Police Commission in respect of these matters.
(4) The following offences shall not be investigated by the
Regional Police Service;
Offences against the Republic,
Offences relating to the army, navy and air force,
Offences relating to elections except local authority
elections,
Any offence committed against the President,
Any offence committed against the Prime Minister, the Speaker,
a Minister, a Deputy Minister or a Member of Parliament,
Any offence committed against a Member of the National
Judicial Service Commission, a Member of the National Public
Service Commission, the Secretary General of Parliament, a
member of the President's Staff or a Member of the Staff of
Parliament,
Any offence prejudicial to national security or the
maintenance of essential services,
Offences relating to coins, currency and Government stamps,
Any offence relating to property belonging to the Republic or
a State Corporation, Company or Establishment, the whole or
part of the capital whereof has been provided by the Republic,
Any offence under any law relating to any matter in the
Reserved List,
Any offence in respect of which courts in more than one Region
have jurisdiction, and
International crimes.
(5) The Regional Police Service shall consist of the Regional
Police Commissioner, Regional Deputy Police Commissioners, Regional
Senior Superintendents of Police, Superintendents of Police,
Assistant Superintendents of Police, Chief Inspectors, Inspectors
of Police, Sergeants and Constables and other ranks recruited to
the Region and/or seconded to the Region.
(6) All police officers serving in the Region shall function
under the Regional Police Commissioner of that Region.
(7) The Regional Police Commissioner shall be responsible to,
and be under the control of, the Chief Minister in respect of the
maintenance of public order in the Region.
(8) The Regional Police Service shall be responsible for the
prevention, detection and investigation of all offences (except the
offences specified in paragraph (4)) and the institution of
prosecutions in the relevant courts in respect of such offences. In
the discharge of these functions, the Regional Police Service shall
be under the direction, control and the superintendence of the
Regional Police Commission.
(9) There shall be a National Police Service headed by the
National Police Commissioner, and including the National DPCs,
SSPs, ASPs, and other ranks recruited at the national level.
(10) There shall be a National Police Commission consisting of
the National Police Commissioner and two others appointed by the
Constitutional Council.
(11) The National Police Commission shall be responsible for
recruitment, transfer, promotion and disciplinary control over
officers in the National Police Service and the transfer of
officers of the Regional Police Service from one Region to another.
State of Emergency within a Region
26. (1) Where the President is of opinion that the security or
public order in a Region is threatened by armed insurrection, or
grave internal disturbances, or by any action or omission of the
Regional administration which presents a clear and present danger
to the unity and sovereignty of the Republic, he may make a
proclamation bringing the provisions of the law relating to Public
Security into force in the Region.
(2) Upon such proclamation, the President may by order deploy
in aid of the civil power, the armed forces or any unit of the
national police service for the purpose of restoring public order:
Provided that every such proclamation shall be revoked, as soon as
the President is satisfied that public order has been restored.
(3) Where the Chief Minister seeks the assistance of the
National Police Service to preserve public order within a region,
the National Police Commissioner shall deploy such personnel as are
necessary for the purpose.
(4) (a) If the President is satisfied that a situation has
arisen in which the Regional administration is promoting armed
rebellion or insurrection or engaging in an intentional violation
of the Constitution which constitutes a clear and present danger to
the unity and sovereignty of the Republic, the President may by
Proclamation assume to himself all or any of the functions of the
administration of the region and all or any of the powers vested
in, or exercisable by, the Governor, the Chief Minister, the Board
of Ministers or any body or authority in the region. The President
shall also have the power to dissolve the Regional Council in these
circumstances.
(b) Any such Proclamation may be revoked or varied by a
subsequent Proclamation.
(c) 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 14 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 a period of fourteen days referred to in this sub-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 such period of
fourteen days a resolution approving the Proclamation has been
passed by Parliament.
(d) Notwithstanding anything in this Article, the
President may within fourteen days of his making a Proclamation
under sub-paragraph (a) and for the purposes of satisfying himself
with regard to any other matter referred to in that paragraph,
direct a tribunal constituted in the manner provided for in sub-paragraph
(e) of this paragraph, to inquire into and report upon
such matters within a period of sixty days. Upon receipt of the
report of such tribunal, the President may revoke the Proclamation
made under sub-paragraph (a).
(e) The tribunal referred to in sub-paragraph (d) of this
paragraph shall be constituted by the Centre and the relevant
Regional Council acting in consultation with the Chief Ministers'
Conference. The tribunal shall consist of a member appointed by the
Centre, a member appointed by the Chief Ministers' Conference on
the recommendation of the relevant Regional Council and a Chairman
nominated by the members so appointed.
Where there is no agreement on the nomination of a
Chairman, the Chairman shall be nominated by the Constitutional
Council.
(f) A Proclamation under this Article shall be conclusive
for all purposes and shall not be questioned in any Court, and no
Court shall inquire into, or pronounce on, or in any manner call in
question, such Proclamation or the grounds for making thereof.
Finance
27. (1) No tax shall be levied or collected except by or under
law.
(2) (a) Subject to the provisions of this chapter with
respect to the assignment of the whole or part of the net proceeds
of certain taxes and duties to the Region, all funds of the
Republic shall form one consolidated fund to be called the
Consolidated Fund of Sri Lanka into which shall be paid the produce
of all taxes, imposts, rates and duties and all other revenues of
the Republic. All revenues received by a Regional Council and all
loans raised by that Regional Council by the issue of Treasury
bills, loans and ways and means advances, and all money received by
that Council in repayment of loans shall form one consolidated fund
to be called the "Consolidated Fund of the Region".
(b) All other public money received by or on behalf of
the Government of Sri Lanka or a Regional Council shall be credited
to the public account of Sri Lanka or the public account of the
Region as the case may be.
(c) No money out of the Consolidated Fund of Sri Lanka or
the Consolidated Fund of the Region shall be appropriated except in
accordance with law or statute and for the purposes and in the
manner provided in this Constitution.
(3) (a) Notwithstanding any of the provision of this chapter,
Parliament may by law create a contingency fund for the purpose of
providing for urgent and unforeseen expenditure.
(b) The Minister in charge of the subject of Finance, if
satisfied, (i) that there is need for any such expenditure, and
(ii) that no provision for such expenditure exists, may with the
consent of the President authorize provision to be made therefor by
an advance from the contingency fund.
(c) After each such advance, a supplementary estimate
shall, within a period of three months, be presented to Parliament
for the purpose of replacing the amounts so advanced.
(d) The Regional Council may by statute establish a
contingency fund in the nature of an imprest to be entitled the
Contingency Fund of the Region into which shall be paid from time
to time such sums as may be determined by such statute and the said
fund shall be placed at the disposal of the Regional Minister in
charge of the subject of Finance to enable advances to be made by
him out of such fund with the consent of the Chief Minister for the
purpose of meeting unforeseen expenditure pending authorization of
such expenditure by the Regional Council.
(4) (a) Such excise duties as may be prescribed by the
Finance Commission shall be levied by the Government of Sri Lanka
but shall be collected (i) in the case where such duties are
leviable within the Capital Territory, by the Government of Sri
Lanka, and (ii) in other cases by the Regions within which such
duties are respectively leviable.
(b) The proceeds of any financial year of any such duty
leviable within any region shall not form part of the Consolidated
Fund of Sri Lanka and shall be assigned to that region.
(5) (a) Taxes on wholesale and retail sales (other than sales
by manufacturers) shall be levied and collected by the Government
of Sri Lanka but shall be assigned to the Regions in the manner
provided in sub-paragraph (b).
(b) The net proceeds in any financial year of any such
tax except in so far as those proceeds represent proceeds
attributable to the Capital Territory shall not form part of the
Consolidated Fund of Sri Lanka but shall be assigned to the Region
within which such tax is leviable in that year in accordance with
such principles of apportionment as may be formulated by the
Finance Commission.
(c) The Finance Commission shall also formulate
principles for determining when a sale or purchase or consignment
of goods takes place in the course of inter-regional trade or
commerce.
(6) (a) Such other taxes on sales or income shall be levied
and collected by the Government of Sri Lanka and be distributed
between the Republic and the Region in the manner provided in sub-paragraph (b).
(b) Such percentage as may be prescribed by the Finance
Commission of the net proceeds in any financial year of any such
tax not attributable to the Capital Territory shall not form part
of the consolidated fund of Sri Lanka but shall be assigned to the
Region within which tax is leviable in that year and shall be
distributed amongst those Regions in such manner, and from such
time, as may be prescribed by the Finance Commission.
(7) Such sums as Parliament may by law provide shall be
charged to the Consolidated Fund of Sri Lanka in each year as
grants in aid of the revenue of such Region as Parliament may
determine to be in need of assistance, and different sums may be
fixed for different Regions.
28. (1) The property of the Government of Sri Lanka shall, save
as so far as Parliament may by law otherwise provide, be exempt
from all taxes imposed by a Region.
(2) The property and income of a Region shall be exempt from
taxation by the Centre.
(3) The executive power of the Region extends to domestic and
international borrowing upon the security of the Consolidated Fund
of the Region. International borrowings shall be subject to such
criteria and limitations specified by, and would require the
concurrence of, the Centre
(4) The limits as regards domestic borrowing and the
limitations and criteria as regards international borrowing by each
Regional administration for each financial year will be laid down
by the Minister in charge of the subject of Finance of the Republic
of Sri Lanka before the thirtieth day of September of the preceding
financial year. In laying down these limits and criteria, the
Minister in charge of the subject of Finance shall take into
consideration the requirements of prudent fiscal policy and the
demands of monetary stability as well as the repayment capacity of
each Regional administration.
(5) Any agreements negotiated and entered into by Regional
administrations regarding international grants and foreign
development assistance shall be in accordance with the national
policies on international aid as laid down, from time to time, by
the Cabinet of Ministers and approved by the Parliament of the
Republic.
Chief Ministers' Conference
29. (1) There shall be established a Chief Ministers' Conference
which will consist of the Chief Ministers of all the regions.
(2) The Chairman of the Chief Ministers' Conference shall be
elected by the Chief Ministers in rotation, so however, that each
Chief Minister shall hold office as Chairman for a period of 3
months. The Chairman so elected will represent the Chief Ministers'
Conference on the Constitutional Council.
(3) The Conference shall have the power:
(a) to take all such actions and measures as are
necessary to ensure full compliance with the provisions
of this Chapter in accordance with the spirit and
intention of the Constitution;
(b) to inquire into and to settle any dispute which may
have arisen between regions;
(c) to investigate and discuss subjects in which some or
all of the Regions have a common interest, and to make
recommendations for the better coordination of policy and
action in respect of that subject.
(4) The Conference shall endeavour to settle any dispute
referred to it, in terms of sub-paragraph 3 (b) of this Article, by
mediation and conciliation.
(5) Where such efforts at mediation and conciliation fail,
such dispute shall be referred for adjudication to a tribunal
established, in accordance with this Article, by the relevant
Regional Councils.
(6) The tribunal shall consist of a member each appointed by
the disputant Regional Councils and a Chairman nominated by the
members so appointed.
Where there is no agreement on the nomination of a
Chairman, the Chairman shall be nominated by the Constitutional
Council.
(7) The practices and procedures of the tribunal shall be
regulated by rules framed by the Conference. Any award or
determination made by such tribunal shall be binding on the parties
to the dispute.
(8) The Conference shall regulate its own procedures and
shall meet once every month, unless otherwise determined by the
Conference.
Lists
SECOND SCHEDULE
List I (Reserved List)
1. Defence, national security, national police, and the security forces
2. Immigration, Emigration and Citizenship
3. Foreign Affairs
4. National Census and Statistics
5. National Planning
6. Currency and Foreign Exchange, international economic relations,
monetary policy
7. Public Debt of the Government of Sri Lanka
8. Foreign loans of the Government of Sri Lanka
9. Regulation of banking and other financial institutions
10. Insurance
11. Stock Exchange and futures markets
12. Audit of the Government of Sri Lanka
13. Taxes on income, capital and wealth of individuals, companies and
corporations
14. Custom duties, including import and export duties, and excise duties
(excluding such excise duties as may be devolved on the regions)
15. Turnover taxes and stamp duties, goods and services taxes
16. Any other taxes, duties or levies not mentioned in the Regional List
17. Pensions payable by the Government of Sri Lanka or out of the
consolidated fund
18. Atomic Energy
19. Maintenance and management of the National Grid
20. Minerals and mines (regulation and development of oil fields and
mineral resources, petroleum and petroleum products)
21. National rivers
22. Airports, harbours, ports with international transportation
23. Inter-regional transport and railways
24. Civil Aviation
25. Inter-regional highways linking district capitals
26. Shipping and navigation; Maritime Zones including historical waters
and territorial waters, Exclusive Economic Zone and Continental
Shelf
27. Elections (excluding elections to Local Authorities elections to be
administered by Local Authority Election Commissions in each region
)
28. Posts and telecommunications
29. National Public Service, National Public Service Commission
30. National Health Administration (inclusive of existing special
purpose hospitals and teaching hospitals affiliated to national
Universities; Training, coordination of education and research
relating to Health; Development of National Health Standards;
Administration of all special programmes).
31. Drugs, poisons and narcotics
32. Administration of Justice
33. National universities
34. National standards with regard to professions, occupations and
training
35. National standards relating to research, development and training in
the area of agriculture
36. Inter-regional irrigation schemes
37. Fishing beyond the territorial waters and rights relating to
traditional migratory fishing
38. Management of central policy and research institutions in the field
of education eg. National Institute of Education, Management and
supervision of national schools, conduct of national public
certification examinations, educational training, imposition of
minimum standards for such examinations, curriculum and teacher
qualifications
39. Adoption of children
40. National Scientific and Industrial Research and Training
41. Regulation of activities for the enhancement of quality standards
42. Foreign trade, inter-regional trade and commerce
43. Patents, inventions, designs, copyright, trademarks and merchandise
marks
44. Monopolies and mergers
45. Inter-regional food distribution
46. National media including Central Government Broadcasting and
Television Institutions
47. National Archives and Museums, ancient and historical monuments,
archaeological sites and records declared by law to be of national
importance
48. National Environment and National Policy on Tourism
49. Specialized National Housing Programmes
50. Coordination of Specialized National Poverty Alleviation Programmes
51. Youth and Women's Affairs
52. Buddhism
53. Development of National sports administration and infrastructure
54. Intervention in instances of National (natural and environmental)
disasters and epidemics
55. Labour regulation and standards
56. Surveys for the purpose of any matters enumerated in the Reserved
List
57. Offences against Laws with respect to any of the matters in the List
58. Fees in respect of any of the matters in the List, but not including
fees taken in any Court.
59. Public utility infrastructure development
60. National Libraries and the National Library Services Board
61. Educational publications.
62. Industrial Development
63. National Lotteries
List II The Regional List
1. Health and indigenous medicine
2. Higher Education, Education and Educational Services, excluding
national schools and national universities and the setting of
minimum standards for examination, curriculum and teacher
qualifications and teacher training
3. Agriculture and agrarian services
4. Irrigation
5. Animal husbandry
6. Fisheries and Aquatic Resources excluding rights relating to
traditional migratory fishing
7. Forestry and Protection of the Environment within a Region
8. Industries and Regional Industrial Development
9. Energy
10. Transport
11. Minor Ports and Harbours
12. Roads and Waterways
13. Housing and construction
14. Urban Planning and Public Utilities
15. Rural Development
16. Local Government
17. Co-operatives
18. Supply and distribution of food
19. Promotion of tourism
20. Regional libraries and museums, archaeological sites, ancient and
historical monuments and records (excluding those sites declared by
law to be of national importance) and the regulation of cultural
activity, including public performances
21. Broadcasting and media, including television
22. Relief, Rehabilitation and Reconstruction
23. Social Security
24. State land and its alienation or disposal (State land within a
region required for the purposes of the Centre in respect of a
reserved subject may be utilized by the Centre in consultation with
the relevant Regional Council and in accordance with such procedures
as may be established by law).
25. Regional Police and law and order
26. Administration of Borstal and reformatory institutions
27. Regional Public Service
28. Sports
29. Regulation of unincorporated associations and societies within the
region
30. Public debt of a Region
31. Domestic and international borrowing (international borrowings shall
be subject to such criteria and limitations specified by, and would
require the concurrence of, the Centre)
32. The regulation and promotion of foreign direct investment,
international grants and developmental assistance to the region
33. Regional financial and credit institutions
34. Excise duties to be specified
35. Betting taxes, and taxes on prize competitions and such other
lotteries to be specified
36. Motor vehicle licence fees
37. Stamp duties on transfer of immovable properties and motor vehicles
38. Fines imposed by courts
39. Court fees, including stamp fees on documents produced in courts
40. Land revenue, including the assessment and collection of revenues,
and maintenance of land records for revenue purposes
41. Taxes on mineral rights
42. Offences against laws with respect to any of the matters specified
in the List
43. Fines in respect of the matters in the Regional List
44. Planning and Plan implementation at the regional level
45. Law and order to the extent provided in Chapter III.
46. Administration of Justice within a region
