Chandrika's Sri Lanka Constitution Bill

தமிழ்த் தேசியம்

"To us all towns are one, all men our kin.
Life's good comes not from others' gift, nor ill
Man's pains and pains' relief are from within.
Thus have we seen in visions of the wise !."
- Tamil Poem in Purananuru, circa 500 B.C

Chandrika's 'Devolution Proposals'

Sri Lanka Constitution Bill
August 2000

AN ACT TO REPEAL AND REPLACE THE CONSTITUTION
OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.

243. (1) There shall be an Interim Council for the Northern and Eastern Regions set out in Part C of the First Schedule, with effect from the commencement of the Constitution, and shall continue for a period of five years from that date and such Interim Council shall be deemed to have been dissolved at the end of that period

(2) The Interim Council shall consist of such number of members as is equal to the total number of members entitled to be returned, in accordance with the determination made by the Commissioner of Elections under section 3(3) of the Provincial Councils Elections Act No.1, of 1988, from the several administrative districts of the Northern and Eastern Provinces to the North-Eastern Provincial Council established under the 1978 Constitution.

(3) The President shall appoint the members of the Interim Council, so however, that the President shall appoint such members for each administrative district of the Northern and Eastern Regions, the number of members appointed for each such administrative district being equal to the number of members that each such administrative district was entitled to return to the North-Eastern Provincial Council in accordance with the determination referred to in paragraph (2) of this Article .

(4) (a) Recognized political parties and independent groups shall nominate, from among persons ordinarily resident in the Northern and Eastern Regions, persons for appointment as members of the Interim Council, for each administrative district of the Northern and Eastern Regions.

(b) The President shall appoint members of the Interim Council from among the persons nominated under sub-paragraph (a) of this paragraph for each administrative district of the Northern and Eastern Regions, having regard to the ethnic composition of the Northern and Eastern Regions as well as to the ethnic composition of such administrative district.

(5) The members appointed by the President to the several administrative districts of the Northern and Eastern Regions shall together constitute the Interim Council for the Northern and Eastern Regions.

(6) (a) A member of the Interim Council may, resign from the Council by writing addressed to the President and such resignation shall take effect from the date on which the President accepts such resignation in writing.

(b) The President shall remove a member of the Interim Council from office on the recommendation of the recognized political party or independent group nominating such member for appointment to the Council.

(7) Whenever a member of the Interim Council dies, resigns or is removed from office, the President shall appoint in place of such member, a person nominated by the recognized political party or independent group which had nominated the member who has died, resigned or was removed from office.

(8) An act or proceeding of the Interim Council shall not be, or be deemed not to be, invalid by reason only of any vacancy in the Council or any defect in the appointment of a member of the Council.

244. (1) There shall be a Board of Ministers for the Northern and Eastern Regions consisting of Chief Minister, two Deputy Chief Ministers and six other Ministers.

(2) The Governor shall appoint as Chief Minister of the two Regions, the member of the Interim Council who is best able to command the support of a majority of the members of the Council.

(3) Where the Chief Minister is from one of the three major communities in the two Regions, the two Deputy Chief Ministers shall be from the other two major communities in the two Regions.

(4) (a) The Governor shall appoint as Deputy Chief Ministers, the members respectively, of the Interim Council who are best able to command the support of a majority of the members of the Interim Council belonging to the respective communities of which they are members.

(b) Every Deputy Chief Minister shall be entitled to participate in meetings of the Chief Ministers Conference but shall not be entitled to vote at such meetings.

(5) Of the six other Ministers, at least one shall be from second major community in the two Regions and where there is only one other Minister from such community, such Minister shall be from a recognized political party or independent group other than the recognized political party or independent group of which the Deputy Chief Minister from that community is a member.

(6) (a) The Governor shall assign the following subjects and functions to the Chief Minister and the two Deputy Chief Ministers

(ii) the Deputy Chief Minister from the second major community Health, Social Services, Rehabilitation and Islamic Culture;

(iii) the Deputy Chief Minister from the third major community- Archaeology and Museums, Buddhist Culture, Transport and Highways, Housing and Urban Development.

(b)The Governor shall assign subjects and functions, other than the subjects and functions assigned under sub-paragraph (a) of this paragraph to the Chief Minister, Deputy Chief Ministers and the other Ministers of the Board of Ministers, on the advice of the Chief Minister.

245 (1) Subject to the provisions of this Chapter, the Governor of the Northern and Eastern Regions, the Interim Council and the Board of Ministers appointed under this Chapter shall exercise and perform, the powers and duties conferred and imposed respectively on, and discharge the functions assigned respectively to, the Governor of a Region, a Regional Council and the Board of Ministers of a Region, by this Constitution, and all the provisions of this Constitution relating to the Governor of a Region, Regional Councils and the Board of Ministers of a Region shall, save as expressly provided in this Chapter, apply respectively, to the Governor of the Northern and Eastern Regions and to the Interim Council and Board of Ministers appointed under this Chapter.

(2) The Governor, Interim Council and the Board of Ministers shall exercise their respective powers with rigorous impartiality on behalf of all the people in the two Regions, recognizing the diversity of their identities and traditions, and such exercise shall be founded on the principles of full respect for the equality of the civil, political, social, religious and cultural rights of those people and of the freedom from discrimination for all citizens, and on parity of esteem and equal treatment for the identity, ethos and aspirations of all communities in the two Regions.

246. (1) The following shall require the votes of a majority of the members of the Interim Council, present and voting, as well as the votes of a majority of the members of the Interim Council belonging to the second and third major communities in the two Regions, present and voting -

(b) the passing of a draft Statute declared by the Speaker as having a vital bearing on

(2) A declaration made by the Speaker under sub-paragraph (b) of paragraph (1) of this Article shall be conclusive for all purposes.

(3) (a) Every Statute passed by the Interim Council shall come into force upon the Statute receiving assent as hereinafter provided.

(b) Every Statute passed by the Interim Council shall be presented to the Governor for assent forthwith on the making thereof, and the Governor shall either assent to the Statute or may as soon as possible after the Statute is presented to the Governor for assent, return the Statute to the Interim Council together with a message requesting the Council to reconsider the Statute or any provision thereof and in particular, requesting the Council to consider the desirability of introducing such amendments as may be recommended in the message.

(c) Where a Statute is returned to the Interim Council under sub-paragraph (b) of this paragraph, the Council shall reconsider the Statute having regard to the Governors message and may pass such Statute with or without amendments and present the Statute to the Governor for assent.

(d) Upon presentation of a Statute to the Governor under sub-paragraph (c) of this paragraph, the Governor may assent to the Statute or reserve the Statute 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 the Statute is not inconsistent with the provisions of the Constitution.

(e) Where, upon such reference, the Supreme Court determines that the Statute is consistent with the provisions of the Constitution, the Governor shall, on receipt of the Courts determination, assent to the Statute, but where the Supreme Court determines that the Statute is inconsistent with the provisions of the Constitution, the Governor shall withhold assent to the Statute.

(4) There shall be an Executive Committee for each Ministry in charge of a Minister of the Board of Ministers and the provisions of this Constitution relating to Executive Committees of Ministries in charge of Ministers of the Board of Ministers of a Region shall, mutatis mutandis, apply to such Executive Committees.

247. (1) There shall be a Public Service Commission and a Public Service for the Northern and Eastern Regions.

(2) Subject to paragraph (3) of this Article, the provisions of this Constitution relating to a Regional Public Service Commission and a Regional Public Service shall, mutatis mutandis , apply to such Commission and such Service.

(3) The Public Service Commission of the two Regions shall make appointments to posts in the Public Service of the Regions in accordance with criteria relating, inter alia, to eligibility and merit prescribed by the National Public Service Commission, but shall ensure, as far as practicable, that appointments to all categories of posts in such Service at the regional level reflect the ethnic composition of the Regions, and that appointments to posts in such Service at district level, reflect the ethnic composition of the district.

248 .(1) There shall be a Police Commission and a Police Service for the Northern and Eastern Regions.

(2) The provisions of this Constitution relating to a Regional Police Commission and to a Regional Police Service shall, subject to paragraph (3) of this Article, apply to such Commission and such Service.

(3) The National Police Commission shall, during the period of office of the Interim Council, recruit officers to all posts in the Police Service of the two Regions.

249. (1) The Interim Council shall expend the funds granted annually by the Central Government for the use of the Northern and Eastern Provinces, in accordance with guidelines issued by the Finance Commission.

(2) The guidelines issued under paragraph (1) of this Article shall include, inter alia , guidelines for the expenditure of funds in local authority areas with a view to eliminating or reducing disparities in development prevailing in such local authority areas.

(3) Where funds are allocated by the Interim Council for the development of a local authority area, the Interim Council shall ensure that such funds are not applied in such manner as would discriminate against minority communities living in concentrations in such local authority area.

250. The Interim Council and the Board of Ministers shall take such measures as may be necessary

(a) to rehabilitate and resettle, persons who have been displaced in the Northern and Eastern Regions, after January 1, 1983;

(b) to enable such persons to recover possession of property lost by such persons; and

(c) where such recovery is not possible, to ensure that such persons received adequate compensation for the loss of such property.

251 .(1) (a) There shall be a Cultural Committee for each of the three major communities in the Northern and Eastern Regions.

(b) Every Cultural Committee set up for a community shall consist of the members of the Interim Council belonging to such community.

(d) The Chairpersons of local authorities established for local authority areas within the Regions may attend meetings of a Cultural Committee but shall not be entitled to vote at such meetings .

(3) The Interim Council shall allocate adequate funds annually to every Cultural Committee set up under this Article and it shall be the duty of such Committee to apply such funds for the promotion of the culture of the community in respect of which the Committee has been set up.

252. (1) There shall be an Equality Commission consisting of three members appointed by the President from the three major communities in the Northern and Eastern Regions.

(2) It shall be the function of the Equality Commission to monitor measures taken by the Interim Council and the Board of Ministers of the Regions

(a) to promote equality of opportunity for all communities in the two Regions in matters such as employment and access to public services; and

(b) to promote parity of esteem amongst all communities in such Regions, and may, for the purpose of discharging of such function, inquire into complaints relating to such matters made against public bodies functioning in such Regions.

(3) The Equality Commission shall report to the President as often as may be necessary.

253. (1) There shall be an Interim Regional Council for the Northern and Eastern Regions set out in Part C of the First Schedule for the period commencing on the date of dissolution of the Interim Council established under the provisions of Article 243, and ending on the last of the dates fixed for the referendum referred to in paragraph (2) of Article 127.

(2) The Interim Regional Council shall consist of such number of members as is equal to the total number of members appointed to the Interim Council increased by two.

(4) The provisions of Articles 244, 245, 246, 247, 248, 249, 250, 251 and 252, other than the provisions of paragraph (3) of Article 248, shall, mutatis mutandis, apply to the Interim Regional Council established under this Article.

(5) (a) If for some unforeseen reason the Refrendum referred to in paragraph (2) of Article 127 cannot be held prior to the expiration of a period of ten years from the commencement of the Constitution, two Interim Regional Councils shall be deemed to have been established respectively for the Northern and Eastern Regions set out in Part C of the First Schedule, for the period commencing on the date of expiration of the ten year period and ending on the last of the dates on which such Referendum is subsequently held, and the provisions of the Constitution relating to Regional Councils shall, mutatis mutandis, and unless the context otherwise requires, apply to each such Council.

(b) Upon the holding of the Referendum referred to in sub-paragraph (a) of this paragraph, the relevant provisions of paragraph (2) of Article 127 shall apply.

"Central Government" means the persons or institutions exercising the executive power of the People not devolved on the Regions, and insofar as such reference is to the exercise of legislative or judicial power means the persons or institutions exercising the legislative or judicial power, as the case may be, of the People not devolved on the Regions, and expression the

"commencement of the Constitution" means the date appointed by the Proclamation made under Article 256.

"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 paragraph (4) of Article 86 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" means any law or written law, respectively, in force immediately prior to the Constitution and which, under the Constitution, continue in force;

"judicial officer" other than in Articles 156, 157 and 158, means any person who holds office as

(d) 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 national public officer or regional public officer whose principal duty or duties is or are not the performance of functions of a judicial nature.

A court or tribunal or institution shall not 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. An act of such person or proceeding held before such person, prior to such determination, shall be, deemed not 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 but does not include a Statute of a Provincial Council;

"local authority" means any Municipal Council, Urban Council or Pradeshiya Sabha 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 or Sabha;

"national public officer" means a person who holds any paid office under the Republic, other than a judicial officer but does not include

"public corporation" means any corporation, board or other body which was or is established by or under any written law other than the Companies Act, No.17 of 1982, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise ;

"recognized political party" means unless Parliament otherwise provides, every political party which is treated as a recognized political party under the Parliamentary Elections Act, No.1, of 1981;

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

"written law" means any law and subordinate legislation, Statutes Proclamations, Rules, By-laws and Regulations made or issued by any body or person having power or authority under any law or Statute to make or issue the same ; and

"1978 Constitution" means the Constitution enacted on the 16th day of August 1978.

255. The Constitution adopted and enacted on the 16th day of August 1978 is hereby repealed.

256. (1) The provisions of Chapter I to Chapter XXX 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.

	Column I	Column II	Column III
	Region	Area	No. of Ministers in the Regional Board of Ministers (excluding the Chief Minister)
Part A	Western	Administrative Districts of Colombo, Gampaha and Kalutara.	Six
	Central	Administrative Districts of Kandy, Nuwara Eliya and Matale.	Six
	Southern	Administrative Districts of Galle, Matara and Hambantota	Six
	North	Administrative Districts of Anuradhapura and Central Polonnaruwa.	Five
	North	Administrative Districts of Puttalam and Western Kurunegala.	Six
	Sabaragamuwa	Administrative Districts of Ratnapura and Kegalle	Five
	Uva	Administrative Districts of Badullaa nd Moneragala.	Five
Part B	North Eastern	Administrative Districts of Jaffna, Kilinochchi, Mannar, Vavuniya and Mullaitivu and the Administrative Districts of Trincomalee, Batticaloa and Ampara .	Eight
Part C	Northern	Administrative Districts of Jaffna, Kilinochchi, Mannar, Vavuniya and Mullaitivu	Six
	Eastern	Administrative Districts of Trincomalee, Batticaloa and Ampara	Six

1. Defence; national security; national police; security forces; special forces ; para- military forces established by or under law.

2. Law and order including public order and the exercise of police powers in the Capital Territory and where expressly provided in the Constitution.

5. Foreign affairs, including all matters which bring the Republic of Sri Lanka into relations with other States and the undertaking of international obligations.

6. Entering into treaties, conventions and agreements with other States and international organizations and implementing such treaties, conventions and agreements.

10. Currency and foreign exchange, international economic relations, formulation of monetary policy and external resources.

13. Regulation of banking, banking institutions and other national financial institutions.

14. National policy on insurance and national institutions providing insurance services.

16. Audit of the Government of Sri Lanka, State institutions and public corporations.

17. Taxes on income, capital and wealth of individuals, companies and corporations as provided in Chapter XXI.

18. Customs duties, including import and export duties, and excise duties (excluding such excise duties as may be specified by law) as provided in Chapter XXI.

19. Turnover taxes and stamp duties, goods and services taxes as provided in Chapter XXI.

22. Pensions payable by the Government of Sri Lanka or out of the Consolidated Fund of Sri Lanka.

24. National grid for the supply of electricity, maintenance and management of the national grid.

25. Regulation of the development and exploitation of mines and minerals including oil fields, petroleum and petroleum products and the collection of royalties thereon.

27. Airports; ports and harbours with international transportation; provision of facilities, in consultation with the relevant Regional Administrations, in fishery harbours used mainly by vessels engaged in fishing beyond Sri Lankan waters.

31. Inter-regional highways linking the Capital Territory with regional capitals, regional capitals with each other and district capitals with each other in so far as the highway linking district capitals traverse regional boundaries; toll roads and expressways constructed by or under authority of the Central Government.

32. Roads within the Capital Territory other than roads maintained by local authorities.

33. Shipping and navigation; Maritime Zones including historical waters and territorial waters; Exclusive Economic Zone and Continental Shelf.

35. Mass media including Central Government broadcasting and television institutions in conformity with national standards; licensing of broadcasting and media; establishment of regulatory authorities for the determination of national standards relating to communication and media.

37. National health administration (inclusive of existing special purpose hospitals, teaching hospitals affiliated to National Universities, co-ordination of health services, training and co-ordination of education and research relating to health, determination of national health standards, administration of all special programmes); national health plan.

43. Fishing beyond Sri Lankan waters; registration of vessels engaged in fishing beyond Sri Lankan waters; rights relating to traditional migratory fishing within Sri Lankan waters; reference of inter-regional fishing disputes and disputes relating to traditional migratory fishing for settlement in accordance with Article 141.

44. Protection, development and exploitation of marine and aquatic resources in keeping with international obligations and measures to enforce such obligations.

45. National policy on education; national institutes in the field of education, such as the National Institute of Education; administration and supervision of national schools existing immediately prior to the commencement of the Constitution, provided that the administration of any national school may be handed over to the relevant Regional Administration; determination of minimum standards for national public certification examinations and the conduct of such examinations; determination of syllabi and curricula; determination of minimum qualifications for teachers; teacher training institutions; higher technical institutions; educational publications provided by the Central Government; Privena education; powers under the Education Ordinance and the Assisted Schools and Training Colleges (Special Provisions) Act in relation to private schools.

46. University Grants Commission; National Universities; National standards for Regional Universities.

48. National standards relating to research, development and training in the areas of agriculture, fisheries and aquatic resources, science and industries.

49. National research institutions; lands and factories owned, managed or administered by such institutions immediately prior to the commencement of the Constitution.

50. Tea, rubber, coconut, oil palm and teak plantations owned by the Republic immediately prior to the commencement of the Constitution; the regulation of the manufacture of tea, rubber and coconut; tea small holdings; rubber small holdings; coconut small holdings.

52. Subjects and functions of the Sri Lanka Standards Institution immediately prior to the commencement of the Constitution.

53. Intellectual property including patents, inventions, designs, copyrights, trademarks and merchandise marks.

58. Archaeology - Policy formulation; excavation and conservation including access for such purpose; maintenance and administration of ancient and historical monuments, archaeological sites, archaeological remains and records declared by or under law before the commencement of the Constitution to be of national importance, and those declared, after consulting the relevant Regional Administration, by or under law, to be of national importance.

63. National plans on forestry, environment and conservation including conservation of flora and fauna in keeping with international obligations.

64. National parks, Strict Natural Reserves, Nature Reserves, Sanctuaries and National Heritage Wilderness Areas declared by or under law and existing immediately prior to the commencement of the Constitution.

65. Reserved Forests and Conservation Forests declared by or under any law and existing immediately prior to the commencement of the Constitution, which shall be used in conformity with national plans on forestry and in accordance with national land use policy as determined by the National Land Use Council.

66. Foreshore; national plans on coast conservation; declaration and demarcation of coast reservations for the implementation of national programmes relating to coast conservation.

67. National housing programs with the concurrence of the relevant Regional Administration.

73. Intervention in instances of national (natural and environmental) disasters and epidemics.

76. Institutions for the promotion of, and determination of policy relating to investment.

78. National programs on spatial and urban planning in consultation with the relevant Regional Administrations.

79. Urban planning and implementation in the Capital Territory; public utilities in the Capital Territory.

81. Establishment of any authorities for the discharge of any or all of the functions/ subjects specified in items 32, 79 and 80 of the Reserved List and for the delegation of any of the functions of such authority to any local authorities within the Capital Territory.

83. Fees in respect of any of the matters in the Reserved List, but not including fees taken in any court.

84. Acquisition of private property required for the purposes of any matter in the Reserved List.

85. Requisition of private property for the purposes of any matter in the Reserved List.

1. Regional Planning including employment planning at the Regional level and plan implementation including employment programmes.

4. The management and promotion of foreign direct investment, international grants and developmental assistance to the Region to the extent specified in Chapter XXI.

6. Regional financial and credit institutions including regional institutions providing insurance services.

8. Betting and gaming taxes, taxes on prize competitions and on lotteries to be specified.

11. Utilisation of fines imposed by courts within the Region, provided that not less than ten per centum of the fines imposed shall be utilised for construction and maintenance of court buildings and the development of the infrastructure of courts.

13. Land revenue, including the assessment and collection of revenues, and maintenance of land records for revenue purposes.

15. Pensions payable by a Regional Administration or out of the Consolidated Fund of a Region.

19. Health and indigenous medicine including Regional Health Services and Regional Health Administration in conformity with the national health plan.

20. Regional policy on education; administration of education and educational services within the Region with due regard to national policy; administration of national schools handed over by the Central Government; research on education; in-service training of teachers; higher education other than as provided in the Reserved List; regional universities; pre-schools; educational publications provided by the Regional Administration.

21. Agriculture and agrarian services inclusive of agricultural research, extension, promotion and education within the Region and promotion of agro-based industries within the Region.

24. Irrigation within the Region other than irrigation schemes utilising water through diversions from water systems from outside the Region.

25. Fisheries, marine resources and aquatic resources within Sri Lankan waters, excluding rights relating to traditional migratory fishing in Sri Lankan waters as provided in the Reserved List.

26. Forests, excluding those specified in the Reserved List, which shall be used, subject to paragraphs (3) and (4) of Article 145 , in conformity with national plans on forestry and with due regard to national land use policy as determined by the National Land Use Council.

27. Protection of the environment within a Region in conformity with national plans on environment and conservation.

28. Regional programmes for coast conservation in conformity with national plans.

29. Industries and regional industrial development inclusive of industrial research and training within the Region.

35. Manufacture and supply of salt, distribution of salt within the Region of manufacture.

36. Roads excluding those specified in the Reserved List; toll roads and expressways constructed by or under the authority of the Regional Administration.

39. Ports, harbours and fishery harbours other than those specified in the Reserved List.

41. Urban planning and implementation, other than within the Capital Territory; public utilities, other than within the Capital Territory.

43. Local Government to the extent provided in Chapter XXV. 44. Regional libraries and museums.

45. Promotion of cultural activity within the Region including the preservation of cultural diversity.

46. Maintenance and administration of ancient and historical monuments, archaeological sites and records other than those specified in the Reserved List.

52. Regulation of unincorporated associations and societies within the Region, charities and charitable institutions.

53. Law and order, Regional Police and Regional Police Commission to the extent provided in Chapter XXII.

54. Administration of justice within a Region, to the extent of the provision and setting up of court buildings in consultation with the Judicial Service Commission, the maintenance of court buildings and the development of infrastructure of courts; mediation and conciliation.

61. Acquisition of private property required for the purposes of any matter in the Regional List.

62. Requisition of private property required for the purposes of any matter in the Regional List.

63. Imposition, collection and utilisation of fines, other than court fines, in respect of the matters in the Regional List.

ENDORSEMENT UNDER ARTICLE 80(2) READ WITH ARTICLE 120(b) AND ARTICLE 122 OF THE CONSTITUTION

The Cabinet of Ministers has certified that in its view that the above Bill is urgent in the national interest.

The Cabinet of Ministers in persuance of Article 80(2) read with Article 120(b) of the Constitution certify that this Bill, which is described in its long title as being a Bill for the repeal and replacement of the Constitution, is intended to be passed with the special majority required by Article 83(b) and submitted to the People for approval at a Referendum.

Chandrika's 'Devolution Proposals'

Sri Lanka Constitution BillAugust 2000

Sri Lanka Constitution Bill
August 2000