SPECIAL RPOVISIONS ACT AND THE WAY FORWARD
Posted on December 7th, 2016

Dr Sarath Obeysekera

AN ACT TO FACILITATE THE FORMULATION OF A NATIONAL POLICY ON ALL SUBJECTS INCLUDING ACCELERATED ECONOMIC DEVELOPMENT OF SRI LANKA AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO

Extract

(b) The Agency may by Notification published in the Gazette, specify the criteria for the registration of such investors. (6) Notwithstanding anything to the contrary in any other law,- (a) it shall be lawful for the Agency to give directions in the exercise, performance and discharge of all powers, duties and functions conferred or imposed on, or assigned to, any person, body or authority, by any written law specified hereunder, and such person, body or authority shall comply with the directions as may be given to it from time to time, by the Agency

(i) the Board of Investment established under the Board of Investment Law, No.4 of 1978;

(ii) the Sri Lanka Export Development Board established under the Sri Lanka Export Development Act, No.40 of 1979; and

(iii) the Information and Communication Technology Agency established under the Information and Communication Technology Act, No.27 of 2003; (b) It shall be lawful for the Agency to give directions to the institutions specified hereunder as it may deem necessary to ensure the effective implementation of plans, programmes or schemes approved under this Act and it shall be the duty of every such institution to comply with such directions-

  • the Civil Aviation Authority established under Civil Aviation Act, No. 34 of 2002, with regard to the implementation of the National Policy; 12 Development (Special Provisions) 5 10 15 20 25 30
  • (ii) the Sri Lanka Ports Authority established under Sri Lanka Ports Authority Act, No.51 of 1979, with regard to the implementation of the National Policy; (iii) the National Water Supply and Drainage Board established under the National Water supply and Drainage Board Law, No.2 of 1974; and (iv) the Sri Lanka Tourism Promotion Bureau established under the Tourism Act, No.38 of 2005:

When you review the Gazzette notification issued by the government to accelerate economic development ,one ,may notice that the powers vested to the relevant ministers such as Ports.Fisheries Water ,Tourism.Aviation  and organizations such as BOI, EDB ,NWSB ETC are obviously undermined by the newly formulated Agency for Development .

 I am sure that the ministers will surely refuse to take any instruction issued by the CEO of the agency related to development plans ,which will have an adverse effect on the implementation of such e programs

When Previous government had President’s brother as the Secretary of Defence and Urban Development  ,and his other brother as the Minister for  Economic Development, implementation of any development plan has been much easier .

Do you think that a CEO who has no such statute and relationship with Executives of the country can bulldoze any minister to impose new development plans ??

I wish good luck to the new CEO of the Newly formed Development Agency

 

Dr Sarath Obeysekera

One Response to “SPECIAL RPOVISIONS ACT AND THE WAY FORWARD”

  1. Christie Says:

    I am sure you know what is on paper is not worth the paper for us.

    But then we are an Indian colony. It will be much useful to India, Indian colonial parasites, Indian vermin, Indian Union and the Indian Empire to bring in the likes of Adanis, Tatas, Patels, Singhs and Lingams to name a few.

    It nicely fits in with ECTA etc. etc.

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