Tamils - a Trans State Nation..

"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 

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Home > Tamils: a Trans State Nation > Struggle for Tamil Eelam > Conflict Resolution: Tamil Eelam - Sri Lanka > Thimpu Talks - July/August 1985 > First Proposal by Sri Lanka Delegation, 10 July 1985

Thimpu Talks - July/August 1985

First Proposal put forward by Sri Lanka
10 July 1985

Executive Powers which may be delegated by the appropriate Minister to District Councils

Minister of Plan Implementation

The implementation of national regional and electoral economic plans.

Minister of Rural Development

Training programmes.

Training of RDS/KS Office-bearers, Village Leaders and officials involved in Rural Development.

Minister of Labour

Skills Development and Vocational Training.

Employment of Labour Market information.

Regulation of Fee-Laying Employment Foreign Employment.

Workers' Education (including population education for workers).

Employees Provident Fund and Registration and control of Private Provident Funds.

Work connected with the International Labour Organisation

Labour Co-operatives Labour Charter.

Minister of Health

Private Nursing Homes.

Medical Charitable Institutions.

Grants-in-aid to private Medical Institutions providing services to Public Legislation - Medical Wants Ordinance (Cap. 226) Mental Disease Ordinance (Cap. 227) medical Records.

Public Health Services

Food Sanitation.

Railway Sanitation.

Advice to Local Authorities on Housing & Town Improvements.

Estate Health Work.

Health Legislation.

Public Health Personnel.

International Quarantine and Sanitary Regulations.

Free Milk Distribution Schemes, School Dental Services.

Burial Grounds and Cemeteries/Food and Drugs Central/Public Health Veterinary Service.

Minister of Textile Industries

Regulation, supervision and co-ordination of all textile industries in the Private and Co operative sectors.

Promotion and regulation of the export of all Textile Products including made-up garments.

Minister of Power & Energy

Development and uses of Electricity/Govt. Electrical Undertakings - Generation, transmission, Distribution and Sale of Electricity.

Issue of Electricity Licences/Administering the Electricity Act/ Installation and maintenance of electrical installation in Government buildings, excluding buildings of Govt. Depts. having their own electrical engineers.

All other power generation such as thermal sets not feeding the national grid and such matters as solar energy bio gas etc. can be devolved.

The possibility of transferring, distribution and sales of electricity to the intermediate and grass roots units should be examined in detail.

Minister of Food and Co-operatives

Distribution and Rationing of Food/Co-operative Undertakings. The organisation, Registration.

Supervision and Audit of Co-operative Societies.

Co-operative Development including Co-operative Education and Propaganda.

Salt

Manufacture, collection, purchase and sale of Salt (including by-products).

Production of the revenue derived from salt and by-products/Manufacture, sale and distribution of by-products of sea water/research of salt and by-products of sea water.

Minister of Rural Industrial Development

Animals/Cattle Vouchers/Buffalo protection.

Development and control of small industries.

Promotion, financing and sponsoring of small industries/marketing and export promotion of handicrafts.

Minister of Youth Affairs and Employment

Technical Employment/Special Employment Programme.

Co-ordination of Vocational and Technical training Programmes.

Ceylon Fisheries Corpn.

Ceylon Fishery Harbours Corpn.

Extension work among fishermen/provision and promotion of credit facilities for fishermen/Provision of welfare facilities to fishermen/Management and/or operation and state owned fishing craft. Distribution and marketing of fish and fish products/Importation and distribution of fishing gear/Establishment and operation of ice plants, cold rooms, harbours, anchorages and other infrastructure facilities required for the fishing industry.

Establishment and operation of fishing harbour and anchorages, Coast conservation.

Minister of Regional Development

Matters relating to the Palmyra Industry.

Minister of Education Services.

Erection and maintenance of educational buildings.

Purchase of copyrights, translation, publication, distribution and sale of standard text books for use in elementary, secondary and higher education.

Production, publication, distribution and sale of text books, dictionaries, reference books and other publications, required for educational purposes.

Minister of Indigenous Medicine.

Export of medical herbs and prepared drugs.

Establishment of Maintenance of Herbaria.

Establishment and Maintenance of Ayurvedic Research Institutes and Pharmacies.

Grants to Ayurvedic Dispensaries and Hospitals.

Establishment of Ayurvedic Dispensaries & Hospitals.

Ayurvedic Act No.31 of 1961.

Ayurvedic Medical Council.

Ayurvedic College and Hospital Board.

Ayurvedic Research Committee.

Regulation of Ayurvedic drug manufacture

Minister of Local Govt., Housing and Construction.

Destruction of stray dogs.

Auctioneers and brokers.

Street Collections Regulations.

Entertainment Tax.

Guides.

Butchers.

Provision of Public Utility Services on schemes which are determined by Local Authorities.

Agrarian Services

Paddy Land Tenure.

Agrarian Services including minor irrigation functions.

Agricultural Productivity.

Food Production.

Measures for increased production of food.

First Schedule to the District and Provincial Councils Bill.

(Subjects in respect of which ordinances may be made by District Councils)

Agrarian Services

Rehabilitation and maintenance of minor irrigation works.

Enforcement of the Irrigation Ordinance in relation to minor irrigation works.

Ensuring efficient cultivation of agricultural land (functions in terms of Section 333 to 38 of the Agrarian Services Act , No 58 of 1978).

Summoning of meetings of cultivators of land served by major and minor irrigation works.

Supervision of activities or Agrarian Services Committee.

Coordinating the following Agrarian Services activities:-

(i) Water Management;

(ii) Enforcement of decisions at Kanna Meetings;

(iii) Control of cattle trespass;

(iv) Soil conservation.

Agriculture

Preparation and implementation of the grass roots Development Plan.

Supervision of activities of the Agricultural Development Authority.

Animal Husbandry

Running of stud centres.

Distribution of feed material.

Distribution of breeding material.

Establishment of milk collecting centres in consultation with the National Milk Board.

Assisting in and arranging for the organisation and running of collecting points as well as chilling centres.

Assisting in the transport of milk from producers.

Organisation of sales outlets for Milk Board products.

Co-operative Development

Supervision of Co-operative Societies.

Formulating the Development Plan of Co-operative Societies.

Monitoring progress of Co-operative Development Plans.

Cultural Affairs.

Provision of financial or other assistance for the administration of land and property of religious bodies.

Education

Implementation of the Education Development Programme.

Fisheries

Preparation of Divisional Development Plan.

Implementation of the Plan.

Recommending applications for issue of boats under the Self-Employment Bank Credit Scheme.

Approving applications for purchase under subsidy of outboard motor engines.

Monitoring progress of the issue of boats under the Bank Scheme.

Ensuring repayment of loans issued for purchase of boats, engines, fishing gear and sail cloth.

Implement -

(i) Registration of boats.

(ii) Data collection.

(iii) Use of fishing gear.

(iv) Selection of sites for cold storages, ice plants, ice rooms and fishing gear sales centres.

(v) Enforcing action against use of explosives and poisons.

Supervision of training centres.

(i) Payment of subsidy for inland fish production ponds.

(ii) Supervision of construction of ponds.

Proposing, supervising and monitoring construction of coast protection structures.

Supervision and control of Fisheries Co-operatives.

Mechanisation programmes, manufacture and sale of fishing gear.

Services for coastal fishery.

Erection of cold storage and ice plants.

Electrification of fishery villages.

Insurance scheme for fishermen.

Accident compensation.

Opening up of Fisheries Banks.

Loan recoveries.

Food

Supervision of the activities of food storage and distribution within the grass roots area including powers to inspect stores, unloading points such as railway stations, power to inspect any document in the Food Control Branch.

Supervision of the operation of the Food Stamp Scheme.

Making arrangements for meeting shortages of essential items of food.

Health Services

Preparation of health components of the Annual grass roots area Development Plan/Supervision, Monitoring and evaluation of the implementing of the Annual Plan.

Mobilisation of extra budgetary funds for health development.

Housing

Under protection of Tenants Act: Action regarding protection of tenants.

Proposing. coordinating, supervising and monitoring of housing, projects of the National Housing Development Authority.

Development of Divisional Housing Plans and formulation and implementation of specific housing projects.

Housing loans.

Supplying of building materials for housing.

Irrigation works

Election of Advisory Committee for irrigable areas. Summoning of meetings of Proprietors of Manawari Lands.

Identification and preparation of priority lists for irrigation works of a local nature and their implementation.

Maintenance of minor irrigation works within the area.

Small and Medium-Scale Industries.

Promote the growth of medium scale industries, establish and authorise quality of industrial products.

Promote export of manufactured and semi-manufactured goods within the area.

Promote scientific and industrial research within the area.

Develop an Area Industrial Plan in respect of medium-scale industries.

To co-ordinate, monitor and implement an Area Industrial Plan.

Industrial aspects of co-operatives.

Social Services

Financial Assistance to Tuberculosis and Leprous patients and their rehabilitation.

Family counselling services.

Vocational Training Placement Employment counselling and Rehabilitation of the Deaf, Blind and the Orthopaedically handicapped.

Land Use and Land Settlement

Powers under the Land Development Ordinance:

(i) Holding of Land Kachcheries for residents in the area for village expansion and minor settlement schemes.

(ii) Taking possession of land on failure of succession.

(iii) Cancellation of permits for breach of conditions.

(iv) Ejectment from land.

(v) Seizure of crops on default by permit holders, and

(vi) Power to enter land alienated on a permit.

Under Crown Lands Ordinance

(i) Lease of reservations adjoining public thoroughfares.

(ii) Cancellation of disposition for non-payment of money.

Land Grants (Special Provisions) Act. No 43 of 1979 (in respect of lands vested.

(i) Serving notice on unauthorised occupiers of land; and

(ii) Making application to the Magistrate for recovery of possession.

Forest Ordinance

Protection of reserved trees.

Development of lands alienated

Establishment of pastures, village forests.

Water Management, conservation of forestry resources and soil conservation.

Village Expansion Schemes.

Flood protection work.

Environment

Collection of data and information on the environment and National Resources at grass root level.

Monitoring of action programmes of Central Environmental Authority, as directed by the Authority.

Advising the Central Environmental Authority promptly if events of significant environmental interest taking place at the local level and especially those which may have significant adverse environmental impact on natural resources.

Undertaking inquiries and examinations of environmental issues or subjects referred tom by the Central Environmental Authority.

Implementation of an environmental awareness programme at the grass root level under the guidance of the Central Environmental Authority.

Assisting the Central Environmental Authority in studies, surveys and research projects on environment at the grass root level.

Subjects assignable to Pradesheya Sabhas

Agrarian Services

Animal Husbandry

Branding of animals under Part 11 of the Regulations framed under Section 35 of the Animals Act No 29 of 1968.

Control of trespass of animals under Part 111 of the Regulations framed under Section 35 of the Animals Act No 29 of 1968.

Control and Supervision of slaughter houses.

Establishment. inspection and control of dairies.

Identification of pasture reserves.

Organizing night paddocks for cattle.

Organising and supervision of vaccination, castration, etc. of livestock.

Cultural Affairs

Organisation of religious ceremonies.

Organisation of religious festivals

Fostering and promotion of drama, art and music.

Operation of Divisional Sasana Rakshama Mandalayas.

Maintenance of Dhamma Schools.

Promotion of literary and cultural activities, including the organisation of Festivals.

Encouragement of publication of books of literary and cultural value.

Award of prizes to authors and artistes and craftsmen.

Documentation of information regarding cultural, religious activities.

Collection of information in regard to artistes, writers, dancers and musicians.

Establishment of Cultural Centres.

Education

Preparation of Educational Development Programme for the provision of facilities for educational development such as -(1) Provision of buildings.

(ii) Provision of furniture.

(iii) Construction of playgrounds.

(iv) Construction of hostels and teachers' quarters.

(v) Provision of sports material.

(vi) Provision of library facilities.

Making recommendations as regards the educational needs of the grass roots organisation areas such as -

(i) Opening of new schools.

(ii) Closure of schools.

(iii) Reorganisation/amalgamation of schools.

(iv) Naming of schools.

(v) Upgrading of schools.

(vi) Opening of new classes.

Employment

Organising Special Employment Programme of the grass roots organisation areas.

Fisheries.

Planning and implementation of welfare facilities.

e.g. Provision of houses, wells, lavatories and beacon lamps.

Provision of house for migrant and non-resident fisherman.

Identification and removal of obstruction to coastal fishing.

Co-ordination of rescue operations of fishermen.

Erection of auction sheds.

Housing of fishermen.

Fishery roads and transport services.

Water supply schemes for fishing villages.

Formation of Welfare Societies, provision of recreation facilities.

Health Services

Environmental Health, e.g. provision of safe water, safe disposal of waste, control of industrial waste, programmes for the supply of water and latrine construction.

Food and food sanitation, eg. maintenance of the standard of hygiene in eating houses and hotels, and in processing, preparation and sale of food.

Functions under the Rabies Ordinance, e.g. destruction of stray dogs and immunization.

Functions under the Nuisances Ordinance.

Health promotion and development, involving community participation, e.g. health education, nutrition, family health and maternity and child care.

Immunization

Management and maintenance of primary health centres and maternity and child welfare centres.

Housing

Post-construction activities, e.g. Community Development and Income Generating Programmes.

Supervision of authorised dealers in building materials, monitoring the activities of sales outlets.

Planning, construction and maintenance of Divisional Housing Schemes.

Demonstration of low-cost construction methods.

Rural Development

Registration of Rural Development and Kantha Semities.

Operation of Shramadana works with World Food Programme and other aid.

Recommending grants to Rural Development Societies.

Rural Women's Development activities.

Integrated development of selected villages.

Special agro-based development projects at village level.

Local Government

General Duties of Town Councils

Town Council of each town shall within the administrative limits of the town have the following duties:-

(a) to maintain and cleanse all public thoroughfares and open spaces vested in the council or committed to it's management.

(b) to enforce the proper maintenance, cleanliness and repair of all private streets.

(c) to abate all nuisances.

Powers of Town Councils

(A) The general powers of Town Councils are -

(a) Appointment of all necessary officers and servants subject to the prior approval of the Commissioner.

(b) Assignment of salaries, allowances or remuneration, subject to the approval of the Commissioner.

(c) Spending any part of the fund on -

(i) maternity and child welfare services.

(ii) training mid-wives to be deployed by the Council.

(iii) housing schemes.

(iv) charities, and

(v) relief measures against floods, famine, fire etc.

(d) Entering into any arrangement with any other authority for employment, remuneration of officers and servants for several purposes of the Council.

(e) Taking on lease or purchase any land or building.

(f) Selling, exchanging, letting or giving on lease lands and buildings.

(g) Entering into contracts with any person.

(h) Authorising officers and servants for entry into land and building for inspection, for abatement of nuisance contraventions of the Ordinance.

(i) Holding of inquiries by the Chairman or officers authorized by him.

(j) Instituting action or defend legal proceeding.

(k) Acquisition of lands and buildings for public purposes.

(B) Power to authorize Surveys

Chairman directs any officer or servant to make surveys of lands and buildings necessary for public purposes.

(C) Powers as to Thoroughfare, Streets and Open Spaces -

(i) Powers to maintain and repair of thoroughfares.

(ii) Power to control buildings along thoroughfares.

(iii) Powers to deal with obstructions to thoroughfare.

(iv) Powers to deal with injuries to thoroughfares.

(v) Powers to abate nuisances on thoroughfares.

(vi) Powers to authorize the use of thoroughfares for special purposes.

(D) Powers and Duties as to Public Health

(1) TC is a general administration authority for the purpose of promoting and securing the public health in the town.

(2) Surface Drainage.

(3) Secure latrine accommodation for all houses, buildings, provision of public latrines and maintenance of latrines.

(4) Conservancy and Scavenging -

(i) provision for sweeping and cleansing the streets.

(ii) securing removal of house refuse.

(iii) secure cleansing and emptying of all latrines and cesspits.

(iv) proper disposal of street refuse, house refuse and night soil.

(5) Insanitary Buildings.

(i) inspection as to insanitary buildings.

(ii) Alteration of buildings and their removal.

(6) Nuisances - Power to

(i) inspect nuisances.

(i) abatement of nuisances.

(7) Slaughter Houses -

(i) issue of slaughter house licences.

(ii) revoking or suspension of licenses.

(E) Powers and Duties regarding Public Utility Services -

(1) Water Supply.

(2) Lighting of streets, public places and buildings.

(3) Supply of electric power.

(4) Markets.

5) Public baths and bathing places

(6) Provision of housing accommodation for poor classes.

(7) Making and supply of squatting plates, and

(8) Any other service such as burial grounds, cemeteries and crematoria, libraries, playgrounds and stadia.

(F) Powers to make by-laws.

(G) Powers to apply local Fund for -

(i) Civic receptions, celebrations or observances of any event, occasion of public interest.

(ii) Contributions towards the cost of public ceremonies.

(iii) Contributions towards the cost of public recreations, entertainments, library or any educational, scientific, charitable or benevolent institutions.

(H) Power of Taxation

(i) Power to impose and levy rate.

(ii) Power to impose licence duties.

Powers of Village Councils

(1) Power to create any post or office. (Subject to regional ACLG's approval).

(2) Power to assign salaries and allowances or remuneration for them, other than posts within the meaning of the Local Government Service (Subject to Regional ACLG's approval).

(3) Power to remove officer or servant of the Council, other thana member of the Local Government Service.

(4) Power to abolish posts and offices in the service of the Council.

(5) Power to grant pensions and to establish and regulate a Provident Fund.

(6) Power to grant leave of absence.

(7) Power to spend to pay subsistence, travelling etc.

(8) Power to spend on maternity and child welfare services; training of midwives to be deployed by the Council, housing schemes, charities and relief measures due to floods, famine, fire or epidemics.

(9) Power to purchase or take on lease land and buildings.

(10) Power to sell, exchange, let or give out on lease land and buildings.

(11) Power to receive and hold property in trust for the inhabitants of the area.

(12) Power to enter into agreements.

(13) Power to spend on constructions, alterations, improvement or maintenance of village works and administering any property vested.

(14) Power to establish ferries, impose and to levy or lease the right to collect tolls at ferries.

(15) Power to spend on conduct of experiments on agriculture and breeding of domestic animals.

(16) Power to empower officers and servants to enter into lands and buildings and carry out inspections for detection and abatement of nuisances.

(17) Power to administer oaths and summon witnesses.

(18) Power to meet part of the cost of any association of local authorities.

(19) Power to pay for travelling and subsistence of Council Members.

(20) Power to pay for expenses in connection with civic receptions, celebrations of observance of any events or occasions of public interest, any religious, cultural, charitable, health, recreational and educational purposes.

(21) Power to make contributions towards public entertainments, or recreation, towards support of libraries, educational. scientific, charitable, or benevolent institutions, any religious, charitable, cultural, health or educational purposes.

(22) Power to institute or defend any legal proceedings.

(23) Power to enforce by-laws.

(B) Power to authorize surveys - same as in TC Ordinance.

(C) Power to seize certain animals on roads or paths.

(D) Authority to levy a land tax comprising an assessment tax and acreage tax.

(E) Power to impose and levy a licence under the Ordinance and by-laws passed by the Council.

(F) Power to impose and levy a tax on vehicles and animals.

(G) Power to establish and maintain public utility services.

(H) Power as to village fairs.

(I) Power to make by-laws.

(J) Power to raise loans.

(K) Powers of Chairman, VCC in regards to trees, branches or fruits endangering the safety of persons and property.

Powers conferred by other Statutes on Town Councils and Village Council's

(I) Powers as to zoning.

(2) Powers as to control of buildings.

(a) Housing & Town Improvement Ordinance (Chapter 278)

(b) Urban Development Authority Act (Act No 41/1978)

(3) Authority to licence Slaughter Houses and to run Beef Stalls (Butchers Ordinance:

Chapter 262)

(4) Powers under the Cemeteries and Burial Grounds Ordinance (Chapter 231)

(5) Power under the Public Performances Ordinance (Chapter 176)

(6) Powers under the Entertainment Tax Ordinance (Chapter 267)

(7) Powers under the Animals Act (Chapter 29 of 2958)

(8) Powers under the Vehicles Ordinance (Chapter 202)

(9) Powers under the Boats Ordinance (Chapter 198)

(10) Powers under the Nuisances Ordinance (Chapter 230)

(11) Powers under the Contagious Diseases Ordinance (223)

(12) Powers under the Quarantine and Prevention of Diseases Ordinance (Chapter 224)

(13) Powers under the Wells and Pits Ordinance (Chapter 232)

(14) Powers under the Poisons, Opium and Dangerous Drugs Ordinance (Chapter 218)

(15) Powers under the Food and Drugs Act (Chapter 216)

(16) Powers under the Dog Registration Ordinance (Chapter 477)

(17) Powers under the Rabies Ordinance (Chapter 476)

(18) Powers under the Petroleum Ordinance (Chapter 184)

(19) Powers under the Auctioneers and Brokers Ordinance (Chapter 109)

(20) Powers under the Tolls Ordinance (Chapter 197)

Other Statutes that confer powers include:

(1) Electricity Act (Chapter 205)

(2) Local Authority Housing Act 1964 and 1979

(3) State Lands (Recovery of Possession) Act No 7 of 1979

(4) Naming of Streets and Erection of Monuments Act No 4 of 1975

(5) Local Authorities (Special Provisions) Act No 2 of 1957, Act No 42 of 1968, Act No 4 of !969 and Act No 48 of 1971

(6) Local Authorities (Stamp Duties on Proctor's Annual Certificate) Act No 9 of 1961

(7) Local Authorities (Term of Office) Act No 39 of 1961 & No 2 1967

(8) Village Councils and Town Councils (Amendment) Act No: of 1967

(9) Municipal Councils and Town Councils (Amendment) Act No 28 of 1967

(10)Local Authorities (Revision of Assessment and Reduction of Rates) Act No 57 of 1979

(11)Local Government Service Law No 16 of 1974

(12)Local Government Service (Amendment) Act No 36 of 1980

(13)Urban Councils and Town Councils (Amendment) Act No 13 of 1979

(14)Local Authorities Pensions (Special Provisions) Act No 4 of 1964

(15)Local Government Service Employees (Special Pension Provisions) Act No 13 of 1969

(16)Local Authorities (Pensioners Allowance) Ordinance Chapter 263)

(17)Local Authorities Standard By-Laws Act (Chapter 261)

(18)Rating and Valuation Ordinance (Chapter 266)

(19)Prevention of Corruption in Public Bodies (Chapter 258)

(20)Local Authorities Quarters (Recovery of Possession Law No 42 of 1978

(21)Animals Act No 29 of 1958 Amendments Act No 20 of 1964 - Act No 10 of 1968

(22)Guides Ordinance (Chapter 273)

(23)Local Authorities Elections (Special Provisions) Law No 24 of 1977

(24)Foods Act No 26 of 1980

(25)Licensing of Clubs Law No 17 of 1975, amended by Act No 4 of 1980

(26)Poor Law Ordinance (Chapter 141)

(27)Motor Traffic Act No 7 of 1957 with amendments

(28)Local Loans and Development Fund (Chapter 404) with amendment

(29)Thoroughfares Ordinance (Chapter 193)

(30)Employees Provident Fund Act No 15 of 1958 with

amendments

(31)Urban Development Authority Act No 41 of 1978 amended by Act No 70 of 1979;

Precise details may need to be discussed.

Social Services

Public Assistance Monthly Allowances including Statutory Poor Relief.

Rehabilitation of destitute persons and families.

Casual Relief for loss of dwelling houses, implements of trade and fishing boats by fire, rain, storm or other exceptional causes.

Rehabilitation and Welfare of the Socially handicapped persons.

Care, Welfare and Rehabilitation of physically and mentally handicapped persons, including supply of aids and appliances.

 
 

 

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