යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter X

CHAPTER X

 

DEVOLUTION OF EXECUTIVE POWER TO LOCAL COUNCILS

 

47.       (1) The following executive powers shall be devolved to Local Councils.

 

(a)    administration of Locality;

(b)   planning and implementation of Local Development Plan;

(c)    social services and rehabilitation, including elderly and Child care, probation, welfare for the disabled, welfare for women and Children, and welfare for the unemployed;

(d)   school education, piriven and Dhamma education, technical training, educational service, libraries, conference halls, and museums;

(e)   housing, apartments, constructions, tenancy, and local infrastructures;

(f)     shops, registration of business without legal personality, trading, and entrepreneurship;

 

(g)    markets and fairs, rest houses, hotels, co-operatives (except co-operative banks), food supply and storage, tourism services, and water supply;

(h)   agriculture, agrarian services, animal husbandry, fisheries, water canals, irrigation, organic fertilizer, organic pesticides, fishery harbors, and salt production and distribution;

(i)      health, nutrition, veterinary services, indigenous medicine, food processing, food regulation, spas, and sports, and registration of pets;

(j)     cultural and religious activities, public performance, protection of cultural monuments and places, and pilgrimages;

(k)    roads (except Grade A and Express roads), bridges on such roads, transport within the Locality, ferries, and street lighting;

 

(l)      drainage, sewage, and waste management within the Locality;

(m) rural economy development;

(n)   Community Police and public order as in the manner described in the Appendix A of this Article;

(o)   Buffer Zones, land, land surveying, and land settlements as in the manner described in the Appendix B of this Article;

(p)   burial and burial grounds, cemeteries, and funeral services;

(q)   collection of taxes and fees allowed to be collected by Local Councils, as per laws of Parliament, including assessment tax, business turnover tax, stamp fees; and fines on traffic violations;

(r)     protection and nurturing of the environment and wildlife;

(s)    gardens, leisure activities, places of leisure like theaters, festivals, exhibitions, sports grounds and stadiums;

(t)     charities, societies, associations for non-profit objectives working in the Locality;

(u)   administration of the sky up to hundred meters from ground level, and administration of the sea coast and beaches up to hundred meters from the baseline;

(2) It shall be the responsibility of President, Vice President, State Assembly, Parliament, Prime Minister, Cabinet Ministers, and Governors, in their performance and exercise of powers, duties, functions, and responsibilities, not to act in derogation of the devolved powers to the Localities; and to ensure equitable distribution amongst the Localities, of the People’s money as per the provisions in this Constitution.

(3) It shall be the responsibility of Local Councils to co-operate with President, Vice President, Prime Minister and Cabinet Ministers, Governors, in legislation in State Assembly for such devolved subjects, in co-ordination of plans, projects, and activities under such devolved subjects among or across different Localities.

(4) Local Councils shall take National Policies and the law of the country into serious consideration when preparing their Local Development Plan, projects, and activities.

(5) The Central Government shall have the power to implement National Policies, and development projects within Localities, and it shall consult with the Local Councils in such implementations.

 

Appendix A

Police and Public Order

This Appendix shall have the following numbered sections, in accordance with the provision of subparagraph (1)(n) of Article 47, which describe how the Sri Lanka Police functions with its functions, powers, duties, and responsibilities shared as stipulated herein.

1.       The Police Department shall be divided into two major independent administration divisions -

(a)    The National Police Administration (NPA); and

(b)   The Local police Administrations (LPA).

2.       National Police Administration under the direct purview of the Inspector General of Police shall consist of following functional units, and having the following functions, powers, duties, and responsibilities:

(a)    Counter-Terrorist Unit (CTU) headed by a DIG, which shall be responsible for monitoring and investigating into terrorists, terrorist activities, separatism, and mass destruction equipment;

(b)   Crime Investigation Division (CID) headed by a DIG, which shall be responsible for investigating into serious crimes of murder, attempted murder, amputation, serious body injury, property or financial loss of not less than fifty thousand “LKRS”, use of armed weapons or explosives, bribery and corruption, smuggling of people that happened anywhere in the State;

(c)    Financial Crime Investigation Division (FCID) headed by a DIG, which shall be responsible for investigating into serious financial crimes including money laundering anywhere in the State;

(d)   Anti-Narcotic Division (AND) headed by a DIG, which shall be responsible for investigating into drug smuggling and dealing, drug dealers, illicit alcohol distillation, marijuana dealing, illegal cigarettes and cigars, and illegal cultivation of drugs, and manufacture of illegal drugs;

(e)   Capital Community Division (CCD) headed by a DIG, which shall be policing the Capital of Sri Lanka;

(f)     Environment Protection Division (EPD) headed by a DIG, which shall be monitoring and protecting the Green Province of Sri Lanka, wildlife, nature; and be keeping the environment clean from all sorts of pollution;

(g)    President Security Division (PSD) headed by a Senior DIG, which shall be in charge of the security of the President, Vice President, Governors, Members of the State Assembly (except the Prime Minister and ministers), Judges, members of the Constitutional Council and independent Commissions, and VIP;

(h)   Secret Service Division (SSD) headed by a Senior DIG, which shall be in charge of the security of the Prime Minister, Cabinet Ministers, Deputy Ministers, foreign State heads and high ranking officials in the country, and foreign diplomatic missions in the country, and VVIP;

(i)      Police Intelligence Division (PID) headed by a DIG, which shall be in charge of intelligence and secret missions;

(j)     Special Task Force (STF) headed by a Senior DIG;

(k)    Police Animal Division (PAD) headed by an SSP, which shall be in charge of Police Horses, Police Dogs, and other trained Police animals;

(l)      Sri Lanka Police Hospital to serve the entire Police Corps of national and local divisions;

(m) One or several of Sri Lanka Police Academies to train Police officers;

(n)   The power and duty to execute orders given by the Supreme Court, the Court of Appeal, and the High Courts;

(o)   To investigate into international crimes, crimes involving different Provinces, offences relating to Elections, offences relating to counterfeit money, offences of macroeconomic significance, offences relating to foreigners;

(p)   To liaise with the Interpol, international law enforcement establishments, and other international police administrations.

 

3.       NPA shall be headed by the Inspector General of Police (IGP), under whose administration shall have the other ranks of Senior Deputy Inspector General of Police (SnrDIG), Deputy Inspector General of Police (DIG), Superintendent of Police (SP), Assistant Superintendent of Police (ASP), Chief Inspector of Police (CI), Inspector of Police (IP), Sub Inspector of Police (SI), Sergeant Major, Sergeant, and Police Constable (PC).

4.       Each Locality shall have a Local Police Administration which is an independent division of the Police Department, headed by the office of “Local Police Chief” (LPC) which shall be filled in by a police officer of the rank of Senior Superintendent of Police (SSP), under whose administration shall have other ranks of Assistant Superintendent of Police (ASP), Chief Inspector of Police (CI), Inspector of Police (IP), Sub Inspector of Police (SI), Sergeant Major, Sergeant, and Police Constable (PC).

5.       The subjects of LPA includes:

(a)    resolution of civil conflicts;

(b)   disputes of property in the Locality;

(c)    family conflicts;

(d)   traffic in the Locality;

(e)   small crimes happening to and from a person living in the same Locality;

(f)     execution of orders of Courts of Primary Court, Magistrate Court, and Provincial Court;

(g)    protection of public and private properties in the Locality;

(h)   protection of people in the Locality;

(i)      aiding in State of emergency in the Locality;

(j)     protection of animals in the Locality; and

(k)    other community police work determined and assigned by the National Police Commission (NPC) in consultation with the Provincial Police Commission (PPC) of the related Province.

6.       LPA in consultation Local Chairman and under the permission of NPC shall establish several police substations in the name of “Sri Lanka Police” written in all three National Languages, such that one police station shall wholly cover one or several Divisions of the Locality; and such area over which a police station is established is called a “Police Area”.

7.       Each such police station shall be headed by the office of “Officer in Charge” (OIC) which shall be filled in by a police officer of the rank ASP, and shall exercise the devolved police powers stated in section 5 of this Appendix.

8.       All Police officers shall be in the same standard uniform when discharging their official police duties except that undercover police officers engaged in information gathering or intelligence missions may not be in standard uniform whilst in such undercover or intelligence gathering operations. Every Police Officer shall bear his first name and police ID number on his left side of the shirt. Police officers in LPA shall bear the name of the Locality on the right side of the shirt. Police officers in NPA shall bear the word “National” on the right side of the shirt.

9.       To better manage and co-ordinate police work within a Province, and to liaise between LPA and NPA, there shall be the Provincial Police Office (PPO) which shall be headed by a SnrDIG, which shall also be considered to be in LPA. PPO shall have its own staff seconded from LPA in consultation with PPC of the related Province.

10.   The SnrDIG of PPO shall be appointed by NPC, in consultation with Chief Minister of the related Province. NPC shall exercise the disciplinary control over the SnrDIG of PPO.

11.   Police officers in LPA and PPO may be seconded from NPA or recruited and promoted within LPA.

12.   A person shall be recruited to the Police corps either at national level or local level, only to the ranks of Police Constable for persons, Sub Inspector, and Assistant Superintendent of Police.

 

13.   IGP in consultation with NPC shall recruit new police officers at the national level, and LPC of Local Council in consultation with PPC shall recruit new police officers at the local level.

 

14.   The number of police cadre of each rank at national level shall be determined by NPC in consultation with the Minister in charge of Police.

 

15.   The number of police cadre of each rank at local level shall be determined by NPC in consultation PPC of the related Province, taking into consideration of the population, the land area, and some other factors NPC thinks fit.

16.   There shall be an independent police commission which shall ensure impartiality and professionalism of the whole police service of the Republic, and this National Police Commission (NPC) shall establish an independent Provincial Police Commission for each Province delegating some powers to it relating to the Police matters in such Province, and in consultation with Chief Minister of the related Province appoint to such commission three members whose qualifications are as the same as are required for members of NPC.

17.   NPC shall perform its duties and responsibilities in accordance with the provisions under Chapter XXIX.

18.   A PPC shall be charged with the promotion, transfer, and disciplinary control of the police officers, except the SnrDIG of PPO, in LPA including PPO.

PPC may suspend the duty of, interdict, or place any other lawful restrictions on police officer of LPA except LPC, on disciplinary grounds, breach of Police law, and the law of the country.

Disciplinary actions against LPC shall be taken by PPC in consultation with NPC.

People may complain to the SnrDIG of PPO against any police officer in LPA and PPO, and failing to get a satisfactory redress, they may escalate complaint to PPC.

Any person shall have the right to petition, in matters of Fundamental Rights, against a police officer in either local or national level.

19.   PPC, in co-ordination and consultation with NPC, shall promote police officers across NPA and LPA unless the officer to be promoted assent not to be promoted or to be transferred to NPA from LPA or vice versa.

20.   PPC or NPC shall transfer police officers from NPA to LPA or vice versa only if the police officer to be transferred assent to such transfer. However, PPC shall have the right to transfer any police officer in LPA within the same Province; and NPC shall have the right to transfer any police officer in and within NPA.

21.   PPC in co-ordination and consultation with NPC shall train and advance the knowledge and skills of police officers in LPA and PPO.

 

22.   If an investigation involves people or objects or places in several police areas in the same Locality, LPC shall direct how to proceed in such cases.

23.   If an investigation involves people or objects or places in several Localities in the same related Province, PPO shall direct how to proceed in such cases.

24.   If an investigation involves people or objects or places in several Provinces, NPC shall direct how to proceed in such cases.

25.   Police officers shall be in either national or local administration purely for the purpose of proper administration of police in line with the devolution of power, and all such police officers shall perform their duties as one Police, and all police officers shall be regarded as police officers of “Sri Lanka Police”.

26.   Salary scales, other privileges or rights, and basic qualifications to be recruited or promoted are the same for the same rank in both national and local police administrations.

27.   Only the police officers of not below the rank of Sub Inspector may hold an armed weapon (a pistol or some other arm recommended by NPC) in their daily work whilst in uniform; and all other police officers may hold a baton whilst in uniform.

28.   No police officer in LPA and PPO regardless of his rank shall bear any weapon whilst not in uniform.

 

29.   Every police officer regardless of whether NPA, PPO, or LPA, shall be bound to accept the lawful orders from a higher rank police officer in his general police work, unless he works on a specific written order from a competent court, IGP, or SnrDIG of the PPO, in the order of precedence.

 

30.   No police officer in PPO or LPA shall have the power to arrest President, Vice President, a Governor, Prime Minister, a Cabinet Minister, a deputy minister, a Member of Parliament, a judge, a member of the Constitutional Council or an independent Commission, a supreme leader of a religion, a member of armed force of a rank of Major General or equivalent or above, any police officer of a rank of a SSP or above, or any of a diplomatic staff or a foreign mission.

 

31.   LPA shall without any delay inform NPA directly of instances involving a power or responsibility that is not under LPA, but under NPA; and LPA shall handle in such instances so as to confine the instance or to preserve the crime scene, and do such other things as NPA so directs until police officers of NPA takes over the matter.

 

32.   Upon the declaration of Emergency in a Province or in the whole country, President shall have the right to make all or several local police administrations subject to the absolute control by IGP, and no local political authority shall give directions to IGP.

 

33.   A Local Chairman at any time may seek the assistance of NPA to aid in the local police administration.

 

Appendix B

Land and Land Settlement
(under (1)(o) paragraph of Article 47)

1.       All the lands currently held by the State shall continue to vest in the Republic, and may be disposed of in accordance with the provisions of subparagraph 59(1)(p).

2.       There shall be the National State Land Policy prepared and administered by the Delimitation Commission which shall be established according to the provisions of Article 291.

 

3.       The State shall make at least ten percent of State land in each Locality be vested in the such Local Council (hereinafter such lands shall be known as “locally vested State Land”), and a Local Council shall develop or dispose of such locally vested State lands in accordance with the National State Land Policy and the Local Development Plan of Locality.

 

4.       Green Province established as per the provisions of paragraph 4(1) shall be identified as special kind of State Land and such lands shall not be disposed of in any manner.

President shall be the Principal Administrator and Guardian of Green Province, and shall keep such lands in pristine natural form with its all wildlife.

No person or organization shall be allowed to use such lands in any kind of development activity. Any development plan referred to in this Appendix or elsewhere shall be deemed to exclude Green Province from such activities or planning.

Green Province shall be excluded from boundaries of Provinces and Localities. Therefore, Green Province shall not be under the purview of Local or Provincial Councils.

 

5.       A State body in the name of Green Province Administration shall be incorporated under President’s office to exercise, with LIDAR and other high technologies, powers, duties and responsibilities of maintenance, preservation, regeneration, enforcement of law, in Green Province. President shall be assisted by both the national and local police administrations for that.

 

6.       There shall be a Ditch of width of not less than four meters with a strong reinforced soil bund raised up at least one more meter above the normal ground level at the outward upper edge, surrounding Green Province to preserve the land and its wildlife and to prevent wild animal-human conflicts and illegal human activities, such that Ditch shall be of tapering slope towards the outward lower edge being at least four meters deep.

There may be constructed a well-guarded electrified gated access bridge across Ditch situated each ten kilometers apart.

Either side of Ditch shall be at least ten meters of land free of vegetation (Depletion Region).

 

7.       No person except with express permission from Green Province Administration shall be allowed to enter into Green Province crossing this Ditch.

 

8.       There shall be a Buffer Zone at least two hundred meters of thickness from the outward edge of Depletion Region around the whole Green Province.

 

9.       Buffer Zones shall also be considered as Protected Local Lands but not part of Green Province, and such Buffer Zones shall not be disposed of in any manner.

 

10.   Buffer zones shall be included within Locality borders. Buffer zones should be used for sustainable development activities. There shall be a development plan for Buffer Zones. The primary activity (in the development plan) should be to growing trees to obtain timber for structural constructions. All revenues from such activities within the portion of Buffer Zone within a Locality shall be an asset of the relevant Local Councils.

(People must be encouraged to construct house and building using timber structures to reduce the undue demand on river sand, cement, and such other natural constructional resources of depleting nature.)

 

11.   Local Chairman in consultation with Green Province Administration shall be in charge of Buffer Zone of the Portion of such Buffer Zone within the Locality.

 

12.   All the lands both held by persons and the State and Localities shall be registered in a new land registry and issued with a uniform license for the ease and productivity of transfer, verification, and administration of lands; and Roman Dutch common law practice shall cease to exist in matters of land property in Sri Lanka.

 

13.   Government shall make available to every Local Council State land within Locality required by such council for devolved subject. Local Council shall administer, control, and utilize such State land in accordance with the laws governing the matter.

 

14.   The Central Government in consultation with Local Councils shall make a development policy and present to State Assembly to utilize State lands in the most productive manner.

 

15.   Alienation or disposition of State land to any Citizen or to any organization shall be by President on the advice of the Cabinet of Ministers, in accordance with the laws governing the matter.

 

16.   Local Councils may request President to release State lands to its Citizens or organizations within that Locality in accordance with the laws.

 

17.   Any plot of land shall be vested in or registered in the name of a person who is a Citizen or a Resident of Sri Lanka. If the person is a legal body, not less than fifty one percent of shares or ownership of such legal body shall be of Sri Lankan Citizens.

 

18.   Any natural or legal person notwithstanding the status of Citizen or the status of Resident may be leased a land for not more than forty nine years for first term of lease, and that lease may be renewed any number of times for not more than twenty nine years each time of subsequent renewal.

 

19.   No single person shall be entitled to own lands not more than fifty hectares. However, if a land is utilized for some economic or development project or for cultivation, such restrictions shall not be applied as long as such development or cultivation project lasts, and such land shall be registered in the name of such Project of development or cultivation.

 

20.   Each Locality in its center as much as possible shall have a “Public Garden”, a specially maintained public place of area not less than one hundred hectares. This same place shall be used in emergency situations for such purposes as temporary settlements of displaced or distressed people, disaster management co-ordination and preparation. President shall have, in an emergency situation, the power to make Public Garden subject to the administration of NEROC established as per the provisions of paragraph 73(7).

End of Appendices