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CONTENTS
OF THIS SECTION
10/06/09
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 Thirteenth Amendment to Sri Lanka
Constitution:Devolution or Comic Opera - Nadesan
Satyendra "It is difficult to discuss the
provisions of the 13th Amendment to the Sri Lanka
Constitution seriously - they are so impossibly
burlesque and farcical... Under the 13th Amendment
power will continue to reside in a Sinhala dominated
Central government, within the frame of an unitary
constitution. It has created Provincial Ministers who
will not exercise executive
power but who will have executive power exercised
'through' them! At the same time it has created a
Provincial Governor appointed by the Sri Lanka
President (and holding office at his pleasure) who
will exercise executive power in respect of
provincial matters - a Provincial Governor who is
also the administrative head of the provincial public
service and who has control of the Provincial Finance
Fund. And the 13th Amendment has created a Provincial
Council without control of planning, without control of the provincial
budget, without control of police and public
order within the province, without control of
disposition of state land within the province,
without control of higher education and whose
remaining meagre legislative powers are subject to
the over riding will of the Central Parliament.
Finally, the provisions of the Provincial Councils
Act itself may be amended from time to time by a
simple majority of members present and voting in
Parliament." more] |
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SRI LANKA'S LAWS
Thirteenth Amendment to the
Constitution
[see also Provincial Councils Act, No. 42
of 1987]
[Certified on 14th November,
1987]
An Act to Amend
the Constitution of The Democratic
Socialist Republic of Sri Lanka
[also in PDF]
Be it enacted by the Parliament
of the Democratic Socialist Republic of Sri Lanka
as follows:-
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Short title and date of
operation |
1. This
Act may be cited as the Thirteenth Amendment to the
Constitution and shall come into operation on such
date as the President may, appoint, by Order
published in the Gazette. |
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Amendment of Article 18 of the
Constitution of the Democratic Socialist Republic
of Sri Lanka |
2. Article
18 of the Constitution of the Democratic Socialist
Republic of Sri Lanka (hereinafter referred to as
the "Constitution") is hereby amended as
follows:-
(a) by the renumbering of that Article as paragraph
(1) of that Article;
(b) by the addition immediately after paragraph (1)
of that Article of the following paragraphs:
"(2) Tamil shall also be an official language.
(3) English shall be the link language.
(4) Parliament shall by law provide for the
implementation of the provisions of this
Chapter." |
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Amendment of Article 138 of the
Constitution |
3. Article
138 of the Constitution is hereby amended in
paragraph (1) of that Article as follows:-
(a) by the substitution, for the words "committed
by any Court of First Instance", of the words
"committed by the High Court, in the exercise of
its appellate or original jurisdiction or by any
Court of First Instance"; and
(b) by the substitution, for the words "of which
such Court of First Instance", of the words " of
which such High Court, Court of First
Instance". |
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Insertion of Chapter XVIIA in the
Constitution |
4. The following Chapter and
Articles are hereby inserted immediately after
Article 154, and shall have effect as Chapter
XVIIA and Articles 154A to 154T, of the
Constitution:-
Chapter XVIIA
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Establishment of Provincial
Councils |
154A.
(1) Subject to the provisions of the Constitution,
a Provincial Council shall be established for every
Province specified in the Eighth Schedule with
effect from such date or dates as the President may
appoint by Order published in the Gazette.
different dates may be appointed in respect of
different Provinces.
(2) Every Provincial Council established under
paragraph (1) shall be constituted upon the
election of the members of such Council in
accordance with the law relating to Provincial
Council elections.
(3) Notwithstanding anything in the preceding
provisions of this Article, Parliament may by, or
under, any law provide for two or three adjoining
Provinces to form one administrative unit with one
elected Provincial Council, one Governor, one Chief
Minister and one Board of Ministers and for the
manner of determining whether such Provinces should
continue to be administered as one administrative
unit or whether each such Province should
constitute a separate administrative unit with its
own Provincial Council, and a separate Governor,
Chief Minister and Board of Ministers. |
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Governor |
154B.
(1) There shall be a Governor for each Province for
which a Provincial Council has been established in
accordance with Article 154A.
(2) The Governor shall be appointed by the
President by warrant under his hand, and shall hold
office, in accordance with Article 4(b), during the
pleasure of the President.
(3) The Governor may, by writing addressed to the
President, resign his office.
(4) (a) The Provincial Council may, subject to
sub-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 the powers of his office;
or
(iii) is guilty of bribery of 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
Chairman of the Provincial 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 preceding 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 Fourth 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, shall vacate his seat in
Parliament. The Governor shall not hold any other
office or place of profit.
(8) (a) The Governor may, from time to time, summon
the Provincial Council to meet at such time and
place as he thinks fit, but two months shall not
intervene between the last sitting in one session
and the date appointed for the first sitting in the
next session.
(b) The Governor may, from time to time, prorogue
the Provincial Council.
(c) The Governor may dissolve the Provincial
Council.
(d) The Governor shall exercise his powers under
this paragraph in accordance with the advice of the
Chief Minister, so long as the Board of Ministers
commands, in the opinion of the Governor, the
support of the majority of the Provincial
Council.
(9) Without prejudice to the powers of the
President under Article 34 and subject to his
directions the Governor of a Province shall have
the power to grant a pardon to every person
convicted of an offense against a statute made by
the Provincial Council of that Province or a law
made by Parliament on a matter in respect of which
the Provincial Council has power to make statutes
and to grant a respite or remission of punishment
imposed by Court on any such person:
Provided that where the Governor does not agree
with the advice of the Board of Ministers in any
case and he considers it necessary to do so in
public interest, he may refer that case to the
President for orders.
(10) (a) The Governor may address the Provincial
Council and may for that purpose require the
attendance of members.
(b) The Governor may also send messages to the
Council either with respect to a statute then
pending with the Council or otherwise, and when a
message is so sent the Council shall with all
convenient despatch consider any matter required by
the message to be taken into consideration.
(11) It shall be the duty of the Chief Minister of
every Province-
(a) to communicate to the Governor of the Province
all decisions of the Board of Ministers relating to
the administration of the affairs of the Province
and the proposals for legislation;
(b) to furnish such information relating to the
administration of the affairs of the Province and
proposals for legislation as the Governor may call
for; and
(c) if the Governor so requires, to submit for
consideration of the Board of Ministers any such
matter on which a decision has been taken by a
Minister but which has not been considered by the
Board.
(12) 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. |
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Exercise of executive powers by
the Governor |
154C. Executive power
extending to the matters with respect to which a
Provincial Council has power to make statutes shall
be exercised by the Governor of the Province for
which that Provincial Council is established,
either directly or through Ministers of the Board
of Ministers, or through officers subordinate to
him, in accordance with Article 154F. |
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Membership of Provincial
council |
154D. (1) A Provincial
Council shall consist of such number of members as
may be determined by or under law, having regard to
the area and population of the Province for which
that Provincial Council is established.
(2) (a) A Provincial Council may at the
commencement of the term of office of its members,
decide, by resolution, to grant Members of
Parliament elected for electoral districts, the
limits of which fall within the Province for which
that Provincial Council is established, the right
to participate in proceedings of that Council.
(b) So long as a resolution passed under
sub-paragraph (a) is in force, a Member of
Parliament elected for an electoral district, the
limits of which fall within the Province for which
that Provincial Council is established, shall have
the right, during the term of office of that
Council, to speak in and otherwise take part in the
proceedings of that Provincial Council and to speak
in and otherwise take part in, any committee of the
Provincial Council of which he may be named a
member but shall be entitled to vote there at only
if the resolution passed under sub-paragraph (a) so
provides.
(c) The provisions of this paragraph shall cease to
operate on the date of dissolution of the First
Parliament. |
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Term of Office |
154E. A Provincial
Council shall unless sooner dissolved, continue for
a period of five years from the date appointed for
its first meeting and the expiration of the said
period of five years shall operate as a dissolution
of the Council. |
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Board of Ministers
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154F.(1) There shall
be a Board of Ministers with the Chief Minister at
the head and not more than four other Ministers to
aid and advise the Governor of a Province 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) If any question arises whether any matter is or
is not a matter as respects which the Governor is
by or under this Constitution required to act in
his discretion, the decision of the Governor in his
discretion shall be final, and the validity of
anything done by the Governor shall not be called
in question in any Court on the ground that he
ought or ought not have acted on his discretion.
The exercise of the Governor's discretion shall be
on the President's directions.
(3) The question whether any, and if so what,
advice was tendered by the Ministers to the
Governor shall not be inquired into in any
Court.
(4) The Governor shall appoint as Chief Minister,
the member of the Provincial Council constituted
for the Province, who, in his 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 a Provincial Council are members
of one political party, the Governor shall appoint
the leader of that political party in the Council
as Chief Minister.
(5) The Governor shall, on the advice of the Chief
Minister, appoint from among the members of the
Provincial Council constituted for that Province,
the other Ministers.
(6) The Board of Ministers shall be collectively
responsible and answerable to the Provincial
Council.
(7) 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 Fourth
Schedule. |
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Statutes of Provincial
Councils |
154G. (1) Every
Provincial Council may, subject to the provisions
of the Constitution, make statutes applicable to
the Province for which it is established, with
respect to any matter set out in List I of the
Ninth Schedule (hereinafter referred to as "the
Provincial Council List")
(2) No Bill for the amendment or repeal of the
provisions of this Chapter or the Ninth Schedule
shall become law unless such Bill has been referred
by the President after its publication in the
Gazette and before it is placed on the Order paper
of Parliament, to every Provincial Council for the
expression of its views thereon, within such period
as may be specified in the reference, and -
(a) where every such Council agrees to the
amendment or repeal, such Bill is passed by a
majority of the Members of Parliament present and
voting ; or
(b) where one or more Councils do not agree to the
amendment or repeal such Bill is passed by the
special majority required by Article 82.
(3) No Bill in respect of any matter set out in the
Provincial Council List shall become law unless
such Bill has been referred by the President ,
after its publication in the Gazette and before it
is placed in the Order Paper of Parliament, to
every Provincial Council for the expression of its
views thereon, within such period as may be
specified in the reference, and -
(a) where every such Council agrees to the passing
of the Bill, such Bill is passed by a majority of
the Members of Parliament present and voting ;
or
(b) where one or more Councils do not agree to the
passing of the Bill, such Bill is passed by the
special majority required by Article 82:
Provided that where such references, some but not
all the Provincial Councils agree to passing of a
Bill, such Bill shall become law applicable only to
the Provinces for which the Provincial Councils
agreeing to the Bill have been established, upon
such Bill being passed by a majority of the Members
of Parliament present and voting.
(4) Where one or more Provincial Councils request
Parliament by resolution, to make law on any matter
set out in the Provincial Council List, Parliament
may make law on that matter, applicable only to the
Provinces for which these Provincial Councils are
established, by a majority of Members of Parliament
present and voting.
(5) (a) Parliament may make laws with respect to
any matter set out in List III of the Ninth
Schedule (hereafter referred to as "the Concurrent
List") after such consultation with all Provincial
Councils as Parliament may consider appropriate in
the circumstances of each case.
(b) Every Provincial Council may, subject to the
provisions of the Constitution, make statutes
applicable to the Province for which it is
established, with respect to any matter on the
Concurrent List, after such consultation with
Parliament as it may consider appropriate in the
circumstances of each case.
(6) If any provision of any statute made by a
Provincial Council is inconsistent with the
provisions of any law made in accordance with the
preceding provisions of the Article, the provisions
of such law shall prevail and the provisions of
such statute shall to the extent of such
inconsistency, be void.
(7) A Provincial Council shall have no power to
make statutes on any matter set out in List II of
the Ninth Schedule (hereafter referred to as "the
Reserved List").
(8) Where there is a law with respect to any matter
on the Provincial Council List in force on the date
on which this Chapter comes into force, and a
Provincial Council established for a Province
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
the law shall, with effect from the date on which
that statute receives assent and so long only as
that statute is in force remain suspended and be
inoperative within that Province.
(9) Where there is a law with respect to any matter
on the Concurrent List on the date on which this
Chapter comes into force, and a Provincial Council
established for a Province subsequently makes a
statute on the same matter inconsistent with that
law, the provisions of the law shall, unless
Parliament, by resolution, decides to the contrary,
remain suspended and be inoperative within that
Province, with effect from the date on which that
statute receives assent and so long only as that
statute is in force.
(10) Nothing in this Article shall be read or
construed as derogating from the powers conferred
on Parliament by the Constitution to make laws, in
accordance with the Provisions of the Constitution
(inclusive of this Chapter), with respect for any
matter, for the whole of Sri Lanka or any part
thereof.
(11) Notwithstanding anything in paragraph (3) of
this Article, Parliament may make laws, otherwise
than in accordance with the procedure set out in
that paragraph, in respect of any matter set out in
the Provincial Council List for implementing any
treaty, agreement or convention with any other
country or countries or any decisions made at an
international conference, association, or other
body. |
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Assent |
154H. (1) Every
statute made by a Provincial Council shall come
into force upon such statute receiving assent as
hereinafter provided.
(2) Every statute made by a Provincial Council
shall be presented to the Governor for his assent,
forthwith upon the marking thereof, and the
Governor shall either assent to the statute or he
may as soon as possible after the statute is
presented to him for assent, return it to the
Provincial Council together with a message
requesting the Council to reconsider the statute or
any specified provision thereof and in particular,
requesting it to consider the desirability of
introducing such amendments as may be recommended
in the message.
(3) Where a statute is returned to a Provincial
Council by the Governor under paragraph (2), the
Provincial Council shall reconsider the statute
having regard to the Governor's message and may
pass such statute with or without amendment and
present it to the Governor for his assent.
(4) Upon presentation of a statute to the Governor
under paragraph (3), the Governor may assent to the
statute or reserve it for reference by the
President to the Supreme Court, within one month of
the passing statute for the second time, for a
determination that it is not inconsistent with the
provisions of the Constitution. Where upon such
reference, the Supreme Court determines that the
statute is consistent with the provisions of the
Constitution, the Governor shall, on receipt by him
of the Court's determination, assent to the
statute. Where upon such reference, the Supreme
Court determines that the statute is inconsistent
with the provisions of the Constitution, the
Governor shall withhold assent to the statute. |
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Public Security |
154J. (1) Upon the
making of a Proclamation under the Public Security
Ordinance or the law for the time being relating to
public security, bringing the provisions of such
Ordinance or law into operation on the ground that
the maintenance of essential supplies and services
is threatened or that the security of Sri Lanka is
threatened by war or external aggression or armed
rebellion, the President may give directions to any
Governor as to the manner in which the executive
power exercisable by the Governor is to be
exercised. The direction so given shall be in
relation to the grounds specified in such
Proclamation for the making thereof.
Explanation: A Proclamation under the Public
Security Ordinance declaring that the maintenance
of essential supplies and services is threatened or
that the security of Sri Lanka or any part of the
territory thereof is threatened by war, or by
external aggression, or by armed rebellion may be
made before the actual breakdown of supplies and
services, or the actual occurrence or war, of any
such aggression or rebellion, if the President is
satisfied that there is imminent danger
thereof:
Provided that where such Proclamation is in
operation only in any part of Sri Lanka, the power
of the President to give directions under this
Article, shall also extend to any Province other
than the Province in which the Proclamation is in
operation if, and in so far as it is expedient so
to do for ensuring the maintenance of essential
supplies and services or the security of Sri
Lanka.
(2) A Proclamation under the Public Security
Ordinance or the law for the time being relating to
public security, shall be conclusive for all
purposes and shall not be questioned in any Court,
and no Court or Tribunal shall inquire into, or
pronounce on, or in any manner call in question,
such Proclamation, the grounds for making thereof,
or the existence of those grounds or any direction
given under this Article. |
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Failure to comply with
directions |
154K. Where the
Governor or any Provincial Council has failed to
comply with, or give effect to, any directions
given to such Governor or such Council under this
Chapter of the Constitution, it shall be lawful for
the President to hold that a situation has arisen
in which the administration of the Province cannot
be carried on in accordance with the provisions of
the Constitution. |
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Failure of administrative
machinery |
154L.(1) If the
President, on receipt of a report from the Governor
of the Province or otherwise is satisfied that a
situation has arisen in which the administration of
the Province cannot be carried on in accordance
with the provisions of the Constitution, the
President may by Proclamation-
(a) assume to himself all or any of the functions
of the administration of the Province and all or
any of the powers vested in, or exercisable by, the
Governor or any body or authority in the Province
other than the Provincial Council;
(b) declare that the powers of the Provincial
Council shall be exercisable by, or under the
authority of Parliament;
(c) make such incidental and consequential
provisions as appear to the President to be
necessary or desirable for giving effect to the
objects of the Proclamation:
Provided that nothing in this paragraph shall
authorize the President to assume to himself any of
the powers vested in, or exercisable, by any
Court.
(2) Any such Proclamation may be revoked or varied
by a subsequent Proclamation.
(3) 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 fourteen 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
the period of fourteen days referred to this
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 the said period of fourteen days
a resolution approving the Proclamation has been
passed by Parliament.
(4) A Proclamation so approved shall, unless
earlier revoked, cease to operate on the expiration
of a period of two months from the date of issue of
the Proclamation:
Provided that if and so often as a resolution
approving the continuance in force of such a
Proclamation is passed by Parliament, the
Proclamation shall, unless revoked, continue in
force for a further period of two months from the
date on which under this paragraph it would
otherwise have ceased to operate, but no such
Proclamation shall in any case remain in force more
than one year:
Provided further that if the dissolution of
Parliament takes place during any such period of
two months but no resolution with respect to the
continuance in force of such Proclamation has been
passed by Parliament during the said 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 the said period of
fourteen days a Proclamation approving the
continuance in force of the Proclamation has been
passed by Parliament.
(5) Notwithstanding anything in this Article, the
President may within fourteen days of his making a
Proclamation under paragraph (1) and for the
purpose of satisfying himself with regard to any of
the matters referred to in that paragraph, appoint
a retired Judge of the Supreme Court to inquire
into and report upon such matters within a period
of sixty days. A Judge so appointed shall in
relation to such inquiry have the powers of a
Commissioner appointed under the Commission of
Inquiry Act. Upon receipt of the report of such
Judge, the President may revoke the Proclamation
made under paragraph (1).
(6) A Proclamation under this Article shall be
conclusive for all purposes and shall not be
questioned in any Court, and no Court or Tribunal
shall inquire into, or pronounce on, or in any
manner call in question, such Proclamation or the
grounds for making thereof. |
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Parliament to confer powers of
Provincial Council to President |
154M. (1) where by a
Proclamation issued under paragraph (1) of Article
154L, it has been declared that the powers of the
Provincial Council shall be exercised by, or under
the authority, of Parliament, it shall be
competent-
(a) for Parliament to confer on the President the
power of the Provincial Council to make statutes
and to authorize the President to delegate, subject
to such conditions as he may think fit to impose,
the power so conferred, on any other authority
specified by him in that behalf;
(b) for the President to authorize, when Parliament
is not in session, expenditure from the Provincial
Fund of the Province pending sanction of such
expenditure by Parliament.
(2) A statute made by Parliament or the President
or other authority referred to in sub-paragraph (c)
of paragraph (1), during the continuance in force
of a Proclamation issued under paragraph (1) of
Article 154L, shall continue in force until amended
or repealed by the Provincial Council. |
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Financial instability |
154N.(1) If the
President is satisfied that a situation has arisen
where the financial stability or credit of Sri
Lanka or of any part of the territory thereof is
threatened, he may by Proclamation make a
declaration to that effect.
(2) A Proclamation issued under paragraph (1)-
(a) may be revoked or varied by a subsequent
Proclamation;
(b) shall be laid before Parliament;
(c) shall cease to operate at the expiration of two
months, unless before the expiration of that period
it has been approved by a resolution of
Parliament:
Provided that if any such Proclamation is issued at
a time when Parliament has been dissolved or the
dissolution of Parliament takes place during the
period of two months referred to in sub-paragraph
(c), but no resolution has been passed by
Parliament before the expiration of that period,
the Proclamation shall cease to operate at the
expiration of thirty days from the date on which
Parliament first sits after its reconstitution,
unless before the expiration of the said period of
thirty days a resolution approving the Proclamation
has been passed by Parliament.
(3) During the period any such Proclamation as is
mentioned in paragraph (1) is in operation, the
President may give directions to any Governor of a
Province to observe such canons of financial
propriety as may be specified in the directions,
and to give such other directions as the President
may deem necessary and adequate for the
purpose.
(4) Notwithstanding anything in the Constitution
any such direction may include-
(a) a provision requiring the reduction of salaries
and allowances of all or any class of persons
serving in connection with the affairs of the
Province;
(b) a provision requiring all statutes providing
for payments into or out of, a Provincial fund to
be reserved for the consideration of the President
after they are passed by the Provincial
Council. |
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High Court |
154P. (1) There shall
be a High Court for each Province 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 Province.
(2) The Chief Justice shall nominate, from among
Judges of the High Court of Sri Lanka, such number
of Judges as may be necessary to each such High
Court. Every such Judge shall be transferable by
the Chief Justice.
(3) Every such High Court shall-
(a) exercise according to law, the original
criminal jurisdiction of the High Court of Sri
Lanka in respect of offenses committed with the
Province;
(b) notwithstanding anything in Article 138 and
subject to any law, exercise, appellate and
revisionary jurisdiction in respect of convictions,
sentences and orders entered or imposed by
Magistrates Courts and Primary Courts within the
Province;
(c) exercise such other jurisdiction and powers as
Parliament may, by law, provide.
(4) 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
Province; and
(b) order in the nature of writs of certiorari,
prohibition, procedendo, mandamus, and quo warranto
against any person exercising, within the Province,
any power under-
(1) any law; or
(2) any statutes made by the Provincial Council
established for that Province.
in respect of any matter set out in the Provincial
Council List.
(5) the Judicial Service Commission may delegate to
such High Court, the power to inspect and report
on, the administration of any Court of First
Instance within the Province.
(6) Subject to the provisions of the Constitution
and any law, any person aggrieved by a final order,
judgment or sentence of any such Court, in the
exercise of its jurisdiction under paragraphs
(3)(b) or (3)(c) or (4), may appeal therefrom to
the Court of Appeal in accordance with Article
138. |
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Functions, powers, election
&c. of Provincial Councils |
154Q. Parliament shall
by law provide for-
(a) the election of members of Provincial Councils
and the qualifications for membership of such
Councils;
(b) the procedure for transaction of business by
every such Council;
(c) the salaries and allowances of members of
Provincial Councils; and
(d) any other matter necessary for the purpose of
giving effect to the principles of provisions of
this Chapter, and for any matters connected with or
incidental to, the provisions of this Chapter. |
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Finance Commission |
154R. (1) There shall
be a Finance Commission consisting of -
(a) the Governor of the Central Bank of Sri
Lanka;
(b) the Secretary to the Treasury; and
(c) three other members to represent 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.
(2) Every member of the Commission shall, unless he
earlier dies, resigns or is removed from office,
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
Provinces.
(4) It shall be the duty of the Commission to make
recommendations to the President as to -
(a) the principles on which such funds are granted
annually by the Government for the use of
Provinces, should be apportioned between various
Provinces; and,
(b) any other matter referred to the Commission by
the President relating to Provincial 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 Province;
(b) the per capita income of each Province;
(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
Province and the highest per capita income among
the Provinces.
(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 the 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. |
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Special provision enabling
Provincial Councils not to exercise powers under
this Chapter |
154S. (1) A Provincial
Council may, by resolution, decide not to exercise
its powers under Article 154G with respect to any
matter or part thereof set out in the Provincial
Council List or the Concurrent List of the Ninth
Schedule.
(2) Where a resolution has been passed by a
Provincial Council under paragraph (i) and the
terms of such resolution have been accepted by
Parliament, by resolution, the powers of such
Provincial Council under Article 154G shall be
deemed not to extend to the matter specified in
such resolution and Parliament may make law, with
respect to that matter, applicable to the Province
for which that Provincial Council is established,
otherwise than in accordance with the provisions of
Article 154G. |
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Transitional measures |
154T. The President
may by order published in the Gazette , take such
action, or give such directions, not inconsistent
with the provisions of the Constitution, as appears
to him to be necessary or expedient, for the
purpose of giving effect to the provisions of this
Chapter, or for the administrative changes
necessary therefore, or for the purpose of removing
any difficulties. |
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Amendment of Article 155 of the
Constitution |
5. Article 155 of the
Constitution is hereby amended by the insertion,
immediately after paragraph (3) of that Article,
of the following new paragraph:-
"(3A) Nothing in the preceding
provisions of this Constitution shall be deemed
to prohibit the making of emergency
regulations, under the Public Security
Ordinance or the law for the time being in
force relating to public security, with respect
to any matter set out in the Ninth Schedule or
having the effect of overriding, amending or
suspending the operation of a statute made by
the Provincial Council."
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Amendment of Article 170 of the
Constitution |
6.
Article 170 of the Constitution is hereby amended
by the substitution, in the definition "written
law", for the words "and includes Orders", of the
words "and includes statutes made by a Provincial
council, Orders.". |
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Addition of Eighth and Ninth
Schedules in the Constitution |
7. The following Schedules are
hereby added immediately after the Seventh
Schedule, and shall have effect as the Eighth and
Ninth Schedules respectively of the
Constitution:-
Eighth
Schedule
Provinces
Western
North Western
Uva
Sabaragamuwa
Central
Eastern
Southern
North Central
Northern
Ninth Schedule
LIST I
(Provincial Council List)
1. Police and Public Order -
Public order and exercise of police powers, to
the extent set out in Appendix I, within the
Province, but not including National defense,
National Security and the use of any armed
forces or any other forces under the control of
the Government of Sri Lanka in aid of civil
power, and not including the city of Colombo,
Sri Jayewardenepura Kotte, and their environs
the limits of which shall be specified by the
President by Order published in the
Gazette.
2. Planning - Implementation of
provincial economic plans
3. Education and Educational
Service - Education to the extent set out in
Appendix III
4. Local Government
5. Provincial Housing and Construction
6. Roads and bridges and ferries thereon within
the Province, other than -
(a) national highways
(b) bridges and ferries on national
highways
7. Social Services and Rehabilitation
8. Regulation of road passenger
carriage services and the carriage of goods by
motor vehicles within the Province and the
provisions of inter-provincial road transport
services.
9. Agriculture and Agrarian
Services
10. Rural Development
11. Health
12. Indigenous Medicine -
Ayurveda, Siddha and Unani -
13.1 Resthouses maintained by
local authorities; and
13.2 Circuit bungalows presently administered
by Government departments whose functions are
exclusively specified in this List.
14. Pawnbrokers
15. Markets fairs
16. Food supply and
distribution within the Province
17. Co-operatives
18. Land - Land, that is to
say, rights in or over land, land tenure,
transfer and alienation of land, land use, land
settlement and land improvement, to the extent
set out in appendix II.
19. Irrigation
20. Animal Husbandry
21. Subject to the formulation
and implementation of National Policy in regard
to development and planning, the power to
promote, establish and engage in agricultural,
industrial, commercial and trading enterprises
and other income-generating projects, within
the Province without prejudice to the power of
the Government and public corporations to have
such enterprises and projects
22. Reformatories, Borstal
Institutions and other institutions of a like
nature and persons detained therein,
arrangements with other Provinces for the use
of such Institutions
23. Possession, transport,
purchase and sale of intoxicating liquors
24. Burials and burial grounds,
cremations and cremation grounds, other than
those declared by or under law made by
Parliament to be national memorial
cemeteries
25.1 Libraries, Museums and
other similar institutions controlled or
financed by a Provincial Council
25.2 Ancient and historical
monuments and records other than those declared
by or under law made by Parliament to be
national importance
26. The regulation of mines and
mineral development
27.Incorporation, regulation
and judicial winding up of corporations with
subjects confined to the Province, excluding
trading corporations, banking, insurance and
financial corporations
28. Regulation of
unincorporated trading, literary, scientific,
religious and other societies and
associations
29.1 Theaters and dramatic
performances, music, cinemas, entertainment's
and amusements, excluding the sanctioning of
cinematograph films for exhibition and public
performance
29.2 Encouragement and
development of sports (other than national
sports associations)
30.Betting and gambling, other
than imposition of license fees and taxes
31. Provincial debt
32. Offences against statutes
with respect to any of the matters specified in
this list
33. Fees in respect of any of
the matters in this List, excluding fees taken
in any court
34. Development, conservation
and management of sites and facilities in the
Province for the generation and promotion of
electric energy (other than hydro-electric
power and power generated to feed the national
grid)
35. The borrowing of money to
the extent permitted by or under any law made
by Parliament
36.1 Turnover taxes on
wholesale and retail sales within such limits
and subject to such exemptions as may be
prescribed by law made by Parliament
36.2 Betting Taxes, and taxes
on price competitions and lotteries, other than
National Lotteries and lotteries organized by
the Government of Sri Lanka
36.3 License taxes, arrack,
toddy rents, tapping license fees, and liquor
license fees
36.4 Motor vehicle license fees
within such limits and subject to such
exemptions as may be prescribed by law made by
Parliament
36.5 Dealership license taxes
on drugs and other chemicals
36.6 Stamp duties on transfer
of properties, such as lands and motor cars
36.7 Toll collection
36.8 Fines imposed by
courts
36.9 Fees charged under the
Medical Ordinance
36.10 Fees charged under the
Motor Traffic Act
36.11 Departmental fees in
respect of any of the matters specified in this
List
36.12 Fees under the Fauna and
Flora Protection Ordinance
36.13 Fees on lands alienated
under the Land Development Ordinance and Crown
Lands Ordinance
36.14 Court fees, including
stamp fees on documents produced in court
36.15 Regulatory charges under
the Weights and Measures Ordinance
36.16 Land revenue, including
the assessment and collection of revenue, and
survey and maintenance of land records for
revenue purposes
36.17 Taxes on lands and
buildings, including the property of the State
to the extent permitted by law made by
Parliament
36.18 Taxes on mineral rights
within such limits and subject to such
exemptions as may be prescribed by law made by
Parliament
36.19 Licensing fees on the
possession, transport, purchase and sale of
intoxicating liquors
36.20 Other taxation within the
Province in order to raise revenue for
provincial purposes to the extent permitted by
or under any law made by Parliament
37. Protection of environment
within the Province to the extent permitted by
or under any law made by Parliament
Apendix I
Law and Order
Appendix II
Land and Land Settlement
State Land shall continue to vest in the
Republic and may be disposed of in accordance
with Article 33(d) and written law governing
the matter.
Subject as aforesaid, land shall be a
Provincial Council Subject, subject to the
following special provisions :-
1. State land -
1:1 State land required for the purposes of the
Government in a Province, in respect of a
reserved or concurrent subject may be utilized
by the Government in accordance with the laws
governing the matter. The Government shall
consult the relevant Provincial Council with
regard to the utilization of such land in
respect of such subject.
1:2 Government shall make available to every
Provincial Council State land within the
province required by such Council for a
Provincial Council subject. The Provincial
Council shall administer, control and utilize
such State land, in accordance with the laws
and statutes governing the matter.
1:3 Alienation or disposition of the State land
within a Province to any citizen or to any
organization shall be by President, on the
advice of the relevant Provincial Council, in
accordance with the laws governing the
matter.
2. Inter-Provincial Irrigation and Land
Development Projects.
2:1 Such projects would comprise irrigation and
land development schemes-
(a) within the Province initiated by the State
and which utilize water from rivers following
through more than one Province; a Provincial
Council however, may also initiate irrigation
and land development schemes within its
province utilizing water from such rivers;
(b) within the Province which utilize water
through diversions from water systems from
outside the Province; and
(c) all schemes where the command area falls
within two or more Provinces such as the
Mahaweli Development Project.
2:2 These projects will be the responsibility
of the Government of Sri Lanka.
2:3 The principles and criteria regarding the
size of holdings of agricultural and homestead
lands arising out of these projects will be
determined by the Government of Sri Lanka in
consultation with the Provincial Councils.
2:4 The selection of allotees for such land
will be determined by the Government of Sri
Lanka having regard to settler selection
criteria including the degree of landlessness,
income level, size of family and agricultural
background of the applicants. The actual
application of these principles, selection of
allottees and other incidental matters
connected thereto will be within the powers of
Provincial Councils.
2:5 The distribution of all allotments of such
land in such projects will be on the basis of
national ethnic ratio. In the distribution of
allotments according to such ratios, priority
will be given to persons who are displaced by
the project, landless of the District in which
the project is situated and thereafter the
landless of the Province.
2:6 Where the members of any community do not,
or are unable to take their entitlements of
allotments from any such project, they would be
entitled to receive an equivalent number of
allotments in another inter-provincial
irrigation or Land Development Scheme. This
unused quota should be utilized within a given
time frame.
2:7 The distribution of allotments in such
projects on the basis of the aforesaid
principles would be done as far as possible so
as not to disturb very significantly the
demographic pattern of the Province and in
accordance with the principle of ensuring
community cohesiveness in human
settlements.
2:8 The administration and management of such
projects will be done by the Government of Sri
Lanka.
3. National Land Commission.
3:1 The Government of Sri Lanka shall establish
a National Land Commission which would be
responsible for the formulation of national
policy with regard to the use of State Land.
This Commission will include representatives of
all Provincial Councils in the Island.
3:2 The National Land commission will have a
Technical Secretariat representing all the
relevant disciplines required to evaluate the
physical as well as the socioeconomic factors
that are relevant to natural resources
management.
3:3 National policy on land use will be based
on technical aspects (not on political or
communal aspects), and the Commission will lay
down general norms in regard to the use of
land, having regard to soil, climate, rainfall,
soil erosion, forest cover, environmental
factors, economic viability, &c.
3:4 In the exercise of the powers devolved on
them, the powers shall be exercised by the
Provincial Councils having due regard to the
national policy formulated by the National Land
Commission.
Appendix III
Education
List II
(Reserved List)
National Policy on all
Subjects and Functions
Defence and National
Security: Internal Security; Law and order
and prevention and detection of crime except to
the extent specified in item 1 of List I
Foreign affairs
Posts and
Telecommunications; Broadcasting;
Television
Justice in so far as it
relates to the judiciary and the courts
structure
Finance in relation to
national revenue, monetary policy and external
resources; customs
Foreign Trade;
Inter-Province Trade and Commerce
Ports and Harbours
Aviation and
Airports
National Transport
Rivers and Waterways; shipping and
Navigation; Maritime zones including Historical
Waters, Exclusive Economic zone and Continental
Shelf and Internal Waters; State Lands and
Foreshore, Except to the Extent Specified in
Item 18 of List I.
Minerals and Mines
Immigration and Emigration
and Citizenship
Elections including
Presidential, Parliamentary, Provincial
Councils and Local Authorities
Census and
Statistics
Professional Occupations and
Training
National Archives;
Archaeological Activities and sites and
Antiquities declared by or under any law made
by Parliament to be of National
Importance
All functions not specified in
List I or List III
LIST
III
(Concurrent List)
1. Planning -
2 and 3. Education and Education Services -
4. Higher Education -
5. National Housing and Construction-
6. Acquisition and requisitioning of
Property
7. Social Services and Rehabilitation-
8. Agriculture and Agrarian Services-
9. Health-
10. Registration of births, marriages and
deaths
11. Renaming of Towns and Villages
12. Private lotteries within the Province
13. Festival and Exhibitions
14. Rationing of food and maintenance of food
stocks
15. Co-operatives, Co-operative Banks
16. Surveys -
17. Irrigation-
18. Social Forestry and protection of wild
animals and birds
19. Fisheries-
20. Animal Husbandry-
21. Employment-
22. Tourism-
23. Trade and commerce in, and the production,
supply and distribution of-
(a) the products of any industry where the
control of such industry by the Government is
declared by Parliament by law to be expedient
in the public interest, and imported goods of
the same kind as such products; and
(b) foodstuffs and cattle fodder
24. Newspapers, books and periodicals and
printing presses
25. Offences against statutes with respect to
any matters specified in this List
26. Fees in respect of any of the matters in
this List, excluding fees taken in any
Court
27. Charities and charitable institutions,
charitable and religious endowments and
religious institutions
28. Price control
29. Inquiries and statistics for the purpose of
any matters in this List or in the Provincial
Council List
30. Adulteration of foodstuffs and other
goods
31. Drugs and Poisons
32. Extension of electrification within the
Province and the promotion and regulation of
the use of electricity within the Province
33. Protection of the Environment
34. Archaeological sites and remains, other
than those declared by or under any law made by
Parliament to be of national importance
35. Prevention of the extension from one
Province to another of infectious or contagious
diseases or pests affecting human beings,
animal or plants
36. Pilgrimages
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