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CONTENTS
OF THIS SECTION
Last updated
05/03/08 |
 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
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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
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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
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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
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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
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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
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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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