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ත්‍රිකුණාමලයේ යටගියාව

2011-09-23T18:18:00.002+05:30

මෑතකදී අප කණ්ඩායමක් ත්‍රිකුණාමලයේ සංචාරයක යෙදුනු අතරතුර දැනගත් කාරණා මෙවර බ්ලොග් ලිපියෙන් සාකච්චා කරන්නෙමු. මුලික වශයෙන් ස්ථාන දෙකක් මුල් කරගෙන කරන ලද කරුණු දැක්වීම පහත දක්වා ඇත.

1. කොනේශ්වරම් කෝවිල සහ පුරාණ ගෝකන්න විහාරය

ගෝකන්න විහාරය යනු අවරුදු 1800 ක් ඔබ්බට ගිය ඉතිහාසයක් උරුම පුරාවිද්‍යාත්මක සහ ආගමික වටිනාකමක් ඇති පුදබිමකි. විවිධ වූ මුලාශ්‍ර ගණනාවක ගෝකන්න විහාරය සම්බන්ධ ඉතිහාස සිද්ධීන් ගණනාවක් ඇත. නමුත් ශෝකයට කරුණ වන්නේ එවන් ඉතිහාසයක් හිමි ගෝකන්න විහාරයට හිමි භෞතික ස්ථානය සහ නටඹුන් අද වන විට ඉතිහාසයෙන් මකා දමා ඇති බව අද බොහෝ දෙනා දන්නේ නැති කරුණක් බවට පත්වී ඇති නිසාය. ඔබ කොනේශ්වරම් කෝවිල වන්දනා කරන්නට යන්නේ නම් ඔබ යන මාර්ගයේ වම් පසින් නුතන ගෝකන්න විහාරය දකින්නට ලැබෙනු ඇත. නමුත් එහි මුල් ස්ථානය අද කොනේශ්වරම් කෝවිල ඇති ස්ථානය බව පවසන මුලාශ්‍ර එමට ඇත. දොළොස්වන සියවසේ මුල් භාගයේ ආරම්භ වන මෙහි ඉතිහාසය තහවුරු කරන කිරීම සක්ෂයක් අද දකින්නට ඇත.

1600 ගණන්වල පරංගින් විසින් කොන්ස්තන්තිනො දී ස යන පුද්ගලයාගේ නායකත්වයෙන් ගල මුදුනේ තිබු ස්තුපය සම්පුර්ණයෙන්ම විනාස කර ඇත. නමුත් ස්තුපය ඉදිරිපිට තිබු බෝධිය විනාශ කර නැත. කාලයාගේ ඇවෑමෙන් ප්‍රදේශයේ ද්‍රවිඩ ඝනත්වය වැඩිවෙන විට ඔවුන් ගල මුදුනේ තිබු ගසකට වන්දනාමාන කරන්නට පටන්ගෙන ඇත. මෙම ගස තිබු තැන ඇති ගසෙහි අදත් මිනිසුන් බාරහාර වීමට පැදුරු ගැට ගසති. කෙසේහෝ කාලයත් සමග ක්‍රමක් ක්‍රමෙන් මෙම ස්ථානය හින්දු කෝවිලක් බවට පත්වී අනතුරුව 1950 දශකයේදී පුරන ස්තුපය තිබු ස්ථානයේ තිබු ශෙලයමය අවශේෂ විනාශ කොට(ඇතැමෙක් පවසන්නේ නුදුරු මුහුදට දැමු බවය) අද පවත්නා කෝවිල ඉදි කල බවය. නමුදු අතිශය කණගාටුදායක කරුණ වන්නේ එහි තිබු පුරාණ බෝධියද මේ සමගම විනාශ කෙරිමය. ඉන් අනතුරුව බෝධිය තිබු ස්ථානය සම්පුර්ණයෙන්ම ඝන සිමෙන්ති ස්තරයකින් වස ඇත. මේබවට අදටත් කෝවිල ඉදිරිපිට ඇති ඝනකම් සිමෙන්ති ස්තරය සාක්ෂි දරනු ඇත.

අප කෝවිල වටා ඇවිදින විට අහම්බෙන් මෙන් පුරාණ නටඹුමක අවශේෂයක් දකින්නට ලැබුණි. පහත දක්වා ඇත්තේ එහි පින්තුරයකි.

මෙම ලිපියේ අරමුණ අද පවතින කෝවිල කඩා පුරාණ නටබුන් මතුකර ගැනීම නොවේ. නමුත් කෝවිලට යටවූ සත්‍ය පැහැදිලි කිරීමට කරන ලද තැතක් ලෙස මෙය දැක්විය හැකිය. අනාගතයේදී මෙවන් දේ නොවීමට අතීතයේ සිදු වූ මෙවන් සිදු වීම් අප හොඳින් දැනගෙන සිටීම අතිශය වැදගත්ය. එවිට ආගමික ගරුත්වය රැකගෙන දෙපාර්ශවයටම සිටිය හැකිය.

2. Hoods Tower - හූඩ්ස් ටවර්, ත්‍රිකුණාමල නාවික හමුදා කදවුරු කෞතුකාගාරය

හූඩ්ස් ටවර් යනු බ්‍රිතාන්‍ය ජාතිකයන් විසින් වාරයේ ආරක්ෂාව පිණිස ඉදිකළ ආරක්ෂක කුලුනකි. මෙය තට්ටු කිහිපයක් උස අතර මුදුනට ගිය විට විශාල ප්‍රදේශයක් එක විට නිරීක්ෂණය කල හැකිය. ඇත් තුඩුව පසෙකින් පිහිට ඇත. මෙහි ඇති පුරාවිද්‍යාත්මක වටිනාකම වන්නේ බ්‍රිතාන්‍යන් විසින් මෙය ඉදිකර ඇත්තේ පොළොන්නරු යුගයේ මහා පරාක්‍රමභාහු රජු ඉදි කල බලකොටුවක් මත වීම නිසාය. බ්‍රිතාන්‍යන් විසින් මෙහි අංග සම්පුර්ණ බලකොටුවක් ඉදිලා නිසා අද වන විට පුරාණ බලකොටුවේ කිසිදු ශේෂයක් දැකගත නොහැකිය. බුරුමය ආක්‍රමණය කිරීමට රජු සෙන සංවිධානය කලේ මෙහි සිට වන්නට ඇත. ඇත් තුඩුව වනාහි යුද්ධයට රැගෙන ගිය ඇතුන් නෞකා වලට පැටවූ ස්ථානය බවට ජනප්‍රවාදයේ සදහන්ය. කෙසේ වෙතත් අදත් ශක්ති සම්පන්නව නැගී සිටින හූඩ්ස් ටවර් පාදමෙහි ශක්තිමත් ගල් කණුවක් දෙකක් තවමත් නිහඩව අතීත ශ්‍රී විභූතියට නිහඩව ශාක්ෂි දරණු ඇත.

Nice Words for everyone

2011-09-23T16:45:00.001+05:30

Very interesting. This was a mail sent among friends. Enjoy!

Very rare pictures of Ruwanweli seya....

2011-09-16T15:24:00.005+05:30

RAWANA THE HISTORICAL KING OF HELADIVA

2011-09-15T20:31:00.002+05:30

Rawana was the grandson of Rishi Pulasthi and son of Sage Visravasmuni. He was the younger brother of Vaisrawana Kuvera (Kubera) and the elder brother of Vibishana, Kumbhakarna, Mahi Rawana, Hema, Khara, Dushana, Luxhman, and Suparnika. His mother was the Daitya princess Kaikesi. Her father, Sumalin, king of the Daityas, wished her to marry the most powerful being in the mortal world, so as to produce an exceptional heir. He rejected the kings of the world, as they were less powerful than him. Kaikesi searched among the sages, and finally chose Visravasmuni. However Visravasmuni warned her that as she approached him at an inappropriate time, their children would tend towards evil, but accepted her nevertheless. Rawana, his brothers and sisters were half Brahmin and half Rakus by birth.

Since of late there is a drive to make Emperor Rawana of Heladiva (Sri Lanka) a Dravidian. It could be boldly stated that King Rawana is not a Dravidian. His father Visravasmuni was a Brahmin and his mother Kaikesi was Daitya. The clans that lived in Heladiva were Raksha, Yaksha, Naga, and Deva. They were called Helayo’s, as much as the inhabitants of present Sri Lanka are called Sri Lankans irrespective of their race. However, he governed most of the southern part of India and part of northern India. The inhabitants of Heladiva were Helaya’s. Heladiva became Sinhale and the inhabitants Sinhala only after the official introduction of Buddha Dhamma by Arahant Mahinda.

Rawana assumed the leadership over his grandfather Sumali’s army. He then set his sights on Lanka. Lanka was an idyllic island, designed by the celestial architect Visvakarma for Kubera, the treasurer of the gods. Kubera generously shared all what he owned with Kaikesi's children - his step-brothers and sisters. However, Rawana demanded Lanka wholly from him, threatening to take it by force. Visravasmuni advised Kubera to give it to him, as Rawana was very powerful and could not be defeated. Rawana commandeered Lanka. He was regarded as a benevolent and effective ruler. Lanka flourished under his rule - it is said the poorest of houses had vessels of gold and hunger was unknown in the kingdom.

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Rawana had several wives, foremost was Mandodari - daughter of Mayasura. Mandodari was renowned for her wisdom, grace as well as her beauty and chastity. She is often compared to Seetha and is one of the most beautiful women described in Indian mythology, for her beauty. In addition to his wives, Rawana maintained a harem of incredible size, populated with women whom he captured in his many conquests, many of them accepted and lived happily in his harem for his great manhood, power and knowledge of different subjects.

According to Ramayana Rawana, the King of Sri Lanka abducted princess Seetha the beautiful wife of Prince Rama, in retaliation for Luxhmana’s (brother of Rama) barbarous act of cutting off the ears and the nose of Suparnika (Rawana’s younger sister), much more older than three of them but extremely beautiful, who questioned why they were dressed as hermits but still carry arms and the above was the answer by Luxhmana.

Quote - Ramayana Aranya Kanda – 3, 17, 12, 13

"You are an ascetic yet with a wife, handling bow and arrows yet in the appearance of a sage… what for you have come to this province frequented by demons… it will be apt of you to tell the purpose of your coming here, in actuality…" Unquote (Demon – this word came into the English language in medieval era)

Did Luxhmana behave as a true Khastriya? It was Luxhmana’s behaviour that made Rawana to retaliate by abducting Seetha. It should be noted that Dandakaranaya was governed by King Rawana and Princess Suparnika was his sister.

However, Rawana's younger brother Vibishana opposed Rawana, as the correct move was to punish Luxhmana and not abducting Rama’s wife Seetha. Even Kumbhakarna advised Rawana to send Seetha back to Rama but Rawana was arrogant and held that Lakshmana must be punished for his cold-blooded behaviour. Vibishana held that it was against the civilised values of their royalty to abduct another’s wife. Rawana’s self-centred behaviour forced Vibishana to stand by the civilised values of his clan, and help Rama to get his wife back. Vibishana’s behaviour proves that the royalty of Lanka were more civilised than Khastriya Luxhmana.

Rawana’s abode

Ramayana clearly states that Rawana’s Lankapura was situated on a rock.

Quote (Sundara Kanda chapter Two verses 23, 24, 25, 26)

Hanuman saw the city of Lanka equal to peak of Kailas as though touching the sky, as though flying to reach the sky, with its best mansions, filled with horrible Rakshas and serpents like the city of Bhogavati, one which was unfathomable, a well arranged and a clear city governed by Kubera in earlier times, protected by courageous, horrible serpents and Rakshas with mouths with sharp teeth like a cave, with spikes and spears in their hands. Hanuman saw that Lanka's great protection and the ocean and Rawana the horrible enemy.

Unquote

Rawana had six brothers and two sisters:

Kubera - the King of North direction and the Guardian of Heavenly Wealth. He was an older step-brother of Rawana: they were born to the same father by different mothers.

Vibishana - A great follower of Rama and one of the most important characters in the Ramayana. As a minister and brother of Rawana, he spoke the Truth without fear and advised Rawana to return abducted Seetha and uphold the civilised values of their royalty. Rawana not only rejected this sane advice, but also, banished him from his kingdom and Vibishana, sought protection from Rama, which was granted without hesitation. If not for Vibishana’s help and advice it would have been difficult to win the war and recover Rama and Luxhmana when they were injured in the battle.

Kumbhakarna - When offered a boon by Brahma, he was tricked into asking for unending sleep! A horrified Rawana, out of brotherly love, persuaded Brahma to amend the boon. Brahma mitigated the power of the boon by making Kumbhakarna sleep for six months and being awake for rest six months of a year (in some versions, he is awake for one day out of the year). During the war with Rama, Kumbhakarna was awakened from his sleep. He tried to persuade Rawana to follow the civilized values of their royalty and return Sita. But he too failed to mend the ways of Rawana.

Khara - King of Janasthan. He protected the northern kingdom of Lanka in the mainland and his kingdom bordered the Kosala Kingdom, the kingdom of Rama. He was well-known for his superior skills in warfare.

Dushana - Viceroy of Janasthan.

Mahi Rawana - King of Maya.

Kumbhini - sister of Rawana and the wife of Madhu, King of Mathura and was the mother of Lavanasura. She was renowned for her beauty and later retired to the sea for penance.

Suparnika - sister of Rawana, it was her nose that was cut by Rama’s brother Luxhmana which led to abduct Seetha. Rawana became furious and arrogant when he saw what had happened to his younger sister.

Rawana appears as the chief character in Ramayana. Indians declare Rawana as a figure of immense moral and physical strength. His immense penance, learning, and devotion to Brahma earned him the latter’s gratitude. Brahma conferred on Rawana the benefit of near immunity, making him resistant from destruction by gods or (other) demons; by this he also acquired the capacity to change his form. He was endowed with the strength of moving the seas and splitting the tops of mountains.

Rawana was the first to discover missiles and bombs. This is proved in the Mahabharata. They were filled with venom and were called Nagashara, Agnishara and poisoned arrows. These missiles were shot with a machine like a bow. Rawana flag was the sun and moon flag with a drawing of Rawana in the centre. This flag is drawn in the Rawana Katha Ola leaf book. A copy is produced here. This flag was carried to the war front by the people of Hewaheta which belonged to then Mayarata. It was in possession of Wilvala Raja Maha Viharaya but now in the Kandy museum.

Rawana was a mighty Emperor and ruled over seven continents from Lanka. They were the modern South America, Southern Europe; Himalaya including the Hindukush mountain range and continents up to Madagascar (Dr. Suriya Gunasekara -Rivira 24.04.2007).Rawana’s deadly flaw was his arrogance. When Brahma conferred on him a boon and Rawana asked that the Devas should not be able to inflict harm on him. He did not think it worthwhile to ask for protection from men or animals as he was so physically powerful.

As a result, Vishnu had to incarnate himself as Rama, a human being and it is an army of monkeys, led by Hanuman, which assists Rama in liberating Seetha from Rawana’s clutches and vanquishing him. Rawana did not take Rama seriously, as he thought that no human being could pose a threat to him. Legend says that being a Brahmin, Rawana performed the necessary Vedic rituals (pujas) for Rama before the war between himself and Rama. This is just one of the perfect qualities he possessed.

When Rama and Rawana meet in battle, it is characteristic of Rawana to exhibit his skill, and to speak arrogantly of crushing Rama to bits. Meanwhile, Rama simply goes about his task and sends his final weapon, the "Brahmasthra" aiming at his heart. It was Vibishana’s advice that made Rama to kill Rawana. However, Rama, in recognition of the fact that he met his match and that Rawana was a Brahmin by birth, well-versed in the Vedas and boundless in his knowledge of Sanskrit, ordered that the funeral arrangements for Rawana be that appropriate for his greatness.

Rawana’s life is a typical example of brilliance gone wrong. He was given the very best instruction and was truly great in his abilities and achievements but never learnt the lesson of humbleness. His egoism and pride were boundless. Instead of following the path of Dharma, he consistently chose to break it. Instead of gaining fame for his countless good qualities, he was known for his improper behaviour. His atrocities kept growing in number and eventually became so terrible, that it took an incarnation of Vishnu to subdue him.

Most who have read Ramayana wonder why Rawana, who lusted after Seetha and kept her in captivity for years, but did not violate her. He repeatedly requested her to become his wife, but she refused his advances. Pious readers are prejudiced and prone to the understanding that Seetha’s purity made her inviolable. However, Rawana had the benefit of power, and she was his captive. It is said that Rawana’s mother Queen Kaikesi and Queen Mandodari dissuaded him from violating Seetha. It is even possible to argue that, having kidnapped her, Rawana wished to have Seetha for himself only if she gave her consent; to do otherwise was to abandon the badge of honour the mightiest carried. What an extraordinary high discipline Rawana maintained. Right beside him, subject to his great power, was a woman for whom he had a burning desire, and yet he restrained himself.

However, some interpreters, such as the 19th century Bengali writer, Madhusudan Dutt (1824-1873), were of the view that ‘Rawana displayed the qualities of masculinity, honour, faithfulness, dependability, and justice to a great extent. Though the character of Rawana may seem like a closed book, there is sufficient plurality in Indian traditions that even Rawana is capable of some recuperation.’

The Tamil Nadu countryside is exposed to folk forms that celebrate Rawana as a hero and Rama as the villain who treated women unfairly. Many Tamils know the Ramayana know it through its Tamil version, the Kamban Ramayanam. In it, Rawana is highly venerated as a Vedic scholar, an expert of music, a warrior—as an embodiment of everything moral. In short, Rawana is a tragic hero, not a villain.

Details pertaining to Rawana could be found from “Rawana Katha” the Ola Book written by Mahakappinna Wickramasinghe Adigar of Nilgala Walauwa. This book contains auspicious times and mantra’s (occult science) of King Rawana.

“Rawana was a globally reputed and valued great intellectual. He was the author of many books. However, parts of few books are found. They are the Samaveda, Nadi Prakasha, Kumara Tantra, Uddisha Tantra, Prakrurtha Kamadhenu, and Sivathandawa Sthothra and the Ayurvedic book ‘Arka Prakasha’. His superior acquaintance in Sanskrit can be evaluated from Sivathandawa Sthothra and further he was a proficient Ayurvedic Physician. The art of distilling of Arka and the preparation of Asawa was his invention states Ayurvedic history. He invented the ‘Varuni’ machine to brew Arka. Rawana was the founder of SINDHURAM medicine. These medicine cured wounds instantly. He was known as Vaidya Shiromani as he rendered valuable service to Ayurveda. He was a divine pharmacologist and a Dhayana yogi”. Rawana is the historical King of Heladiva

හල්දුම්මුල්ල සොහොන් බිමෙන් හෙළි වන හෙළ ඉතිහාසය Original Post at Lankacnews

2011-09-15T19:15:00.001+05:30

විජය පරපුර ලක්‌ දෙරණ ශිෂ්ටාචාරගත කළ බව අපි දේව භාෂිතයක්‌ ලෙස අදහමු. එහෙත් විජයාවතරණයට ද වසර සිය දහස්‌ ගණකටත් පෙර මේ දෙරණ ශිෂ්ටාචාරගතව පැවති බව අද අපට පිළිගන්නට සිදුව ඇත.

කැලණි විශ්වවිද්‍යාලයේ පුරාවිද්‍යා පශ්චාත් උපාධි ආයතනයෙහි මහාචාර්ය රාඡ් සෝමදේව මහතා ඇතුළු පුරාවිද්‍යාඥයන් පිරිසක්‌ දීර්ඝ කාලයක සිට ලාංකික ප්‍රාග් ඓතිහාසික යුගය පිළිබඳ සිදු කළ පර්යේෂණයක ප්‍රතිඵල ලෙස විජයාවතරණයට පෙර පැවති ශිෂ්ටාචාරය පිළිබඳ වඩා විශ්වාසනීය තොරතුරු අනාවරණය වී ඇත.

මේ පර්යේෂණ පරිශ්‍රමය අපේ ඉතිහාසයට අන කරන්නෙ විජයාවතරණය තවදුරටත් ලාංකික ජන සමාජයේ පදනම බවට වන නිල ඉතිහාසය බැහැර කරන ලෙසයි.

අඳුරින් වැසී තිබී ආලෝකවත් කළ එම ඉතිහාස සාධකයන් සොයා අප ගිය නිරීක්‍ෂණ චාරිකාවක සටහන් මේ ලිපිය පුරා දිග හැරෙන්නෙ මෙසේය….

රටක්‌ ශිෂ්ටාචාරගතවීම ආරම්භවනවා යනු දඩයම අතහැර කෘෂිකාර්මික දිවිපෙවතකට නැඹුරුවීමත් ගල් ආයුධ වෙනුවට ලෝහ ආයුධ භාවිතයට පිවිසීමත්ය. එසේනම් ලාංකික ශිෂ්ටාචාරය පිළිබඳ විධිමත් නිගමනයකට එළැඹීම සඳහා ආදි මානවයා දඩයම අතහැර කෘෂිකර්මාන්තයට පිළිපන් යුගයත් ගල් ආයුධ භාවිතය ලෝහ ආයුධ භාවිතයකට පරිවර්තනය කරගත් යුගයත් පිළිබඳ නිවැරැදි අදහසකට පැමිණිය යුතුයි. ඊළඟ තර්කය වන්නේ දඩයක්‌ කාරයන් ගොවියන් බවට පත්වීමටත් ගල් ආයුධ ලෝහ ආයුධ බවට විතැන් කරගැනීමටත් බලපෑ සාධක කවරේද යන්නයි. ඊට බලපෑවේ පාරිසරික හේතූන් ද? සමාජීය හේතුන්ද? යන්න සොයා බැලිය යුතුයි.

දඩයක්‌කාරයන් ගොවියන් බවට පරිවර්තනය වීමට සානුබලය සැපයිය හැකි ප්‍රධානම සාධකය වන්නේ දේශගුණික සාධකයයි. ලෝක පරිමාණ අධ්‍යයනයන් පරිශීලනය කිරීමේදීත් ඒ බව තහවුරු වේ. එසේ නම් නැවත පැණ නැගෙන තර්කය වන්නේ, එම දේශගුණික ස්‌වභාවය කෙබඳු එකක්‌ විය යුතුද යන්නයි. අවුරුද්ද මුලුල්ලේම එක්‌ දේශගුණයක්‌ ව්‍යාප්තව පවතී නම් මේ සඳහා පෙළඹුමක්‌ ඇති නොකරයි. එනම් අවුරුද්ද පුරාම වියළි දේශගුණයක්‌ පවතින ප්‍රදේශවල ද, අවුරුද්ද මුලුල්ලේම වර්ෂාව හොඳින් ලැබෙන ප්‍රදේශවල ද ජීවත් වන මානවයා මේ ආකාරයට දඩයම අතහැර කෘෂිකර්මයට විතැන් නොවේ. එසේ නම් වියළි හා තෙත් දේශගුණයක්‌ සම සමව අවුරුද්දේ ඒ ඒ කාර්තුවල පවතින ප්‍රදේශවල ජීවත්වන මානවයා සිය ජීවන මාර්ගයද වෙනස්‌ කර ගන්නට ඇත. ලංකාවේ එවන් දේශගුණයක්‌ පවතින ප්‍රදේශ කිහිපයකි. උඩවලව, එහි වළවේ ගඟින් එගොඩ ප්‍රදේශය එනම් අම්බලන්තොට වියළි දේශගුණයක්‌ පවතින අතර වළවේ ගඟින් මෙගොඩ රත්නපුරය, ගොඩකවෙල තෙත් දේශගුණයක්‌ සහිත ප්‍රදේශ ලෙස හඳුනාගත හැක. නාඋල ප්‍රදේශයේ ද මේ දේශගුණික තත්ත්වයන් දෙකම හඳුනාගත හැකිය. නුවරඑළියේ සිට බලකඩුව දුර්ගය බැස යන විට සීත තෙත් දේශගුණයක්‌a පවතින අතර නාඋල පසු වී දඹුල්ල ඇඹුල්අඹේ උෂ්ණ දේශගුණයක්‌ පවතී.

මෙසේ උඩවළවේ සහ නාඋල යන ප්‍රදේශයන් අතුරින් පූර්ව සාධකද සැලකිල්ලට ගෙන උඩවලව ප්‍රදේශය පර්යේෂණ වැඩබිම ලෙස තෝරාගෙන මූලික කැණිම් ප්‍රදේශ ලෙස පල්ලේබැද්ද ගල්පාය ප්‍රදේශයේ වැඩ ආරම්භ කර තිබේ. අවාසනාවකට ගල්පාය ප්‍රදේශය මීට පෙර නිදන් හොරුන් විසින් විනාශකර තිබිණි. නිදන් හොරුන් විනාශ කළ පුරා වස්‌තු පරීක්‍ෂා කිරීමේදී පර්යේෂණ කණ්‌ඩායමට සුවිශේෂ සාධක රැසක්‌ ලැබිණි. එහි දඩයක්‌ කාරයන්ට අදාළ පුරාවස්‌තු සේම යකඩ භාවිත කළ කෘෂිකාර්මික යුගයට අයත් මානව අවශේෂයන්ද හඳුනාගැනීමට හැකි විය. තමන්ගේ පූර්ව නිගමනය නිවැරැදි බවත් එහෙත් ගල්පාය ප්‍රදේශයේ නිදන් හොරුන් විසින් සිදුකර ඇති විනාශය නිසා තවදුරටත් කැනීම් සිදුකිරීම අර්ථ විරහිත බවත් අවබෝධකරගත් පර්යේෂණ නඩය සිය අරමුණු අත් නොහරිමින් ගල්පාය ප්‍රදේශයට සමානකම් ඇති වෙනත් ප්‍රදේශ කරා සිය පර්යේෂණ ඇස යොමුකරන ලදී.

ගල්පාය තියුණු උපායශීලී ස්‌ථානයකි. උතුරින් බළංගොඩ හපුතලේ කඳු වලල්ලත් මධ්‍ය කඳුකරයේ හෝර්ටන් තැන්නත් පිහිටා ඇත. එම කඳු වළල්ල පසුකර යන විට කල්තොට, මොහොර ප්‍රදේශය, බෙල්ලන්බැඳි පැලැස්‌ස, උඩවලව පසු කරන විට වියළි කලාපය දක්‌වා දිවෙන තැනිතලාව භූවිෂමතා ලක්‌ෂණ ලෙස හඳුනා ගත හැකියි. ඔවුන්ගේ උපකල්පනය වූයේ මධ්‍ය කඳුකරයේ තෙත් දේශගුණයක්‌ සහිත හෝර්ටන් තැන්නේ සිට ආදි මානවයා පහළ ප්‍රදේශ කරා, පසුබසින්නට ඇති බවයි. එම උපකල්පනය තහවුරුවන කැණීමක්‌ 2006 වසරේ සිදු කිරීමට හැකිවීම ඔවුන් ලැබූ ජයග්‍රහණයකි.

පල්ලේබැද්දට තදාසන්නව ඇති කොළඹගේආර ප්‍රදේශයේ රංචාමඩම පාසලේ ඉදිකිරීමකදී මතු වූ පුරාවස්‌තු මෙම පර්යේෂණ නඩයට වැදගත් හෝඩුවාවක්‌ විය. රංචාමඩම ප්‍රදේශයේ කළ කැණීම් මගින් ප්‍රාග් ඓතිහාසික සුසාන භූමියක්‌ මතු කරගැනීමට පර්යේෂණ කණ්‌ඩායමට හැකි විය. එම සොහොන්බිම ප්‍රාග් ඓතිහාසික සොහොන් බිම් අතර සුවිශේෂ එකකි. මෙම සුසාන තුළ සිදු කළ සූක්‌ෂම කැණීම් මගින් මිනී ඇට තැන්පත් කළ මැටි භාජන හඳුනාගැනීමට හැකි වී තිබේ. ඒ තුළ ගල් ආයුධ ද තැන්පත් කර තිබූ බව හඳුනාගෙන ඇත. මේ ද්‍රව්‍ය හමුවීම පුරාවිද්‍යාඥයන් ඉතා උනන්දු සහගත පෙළඹවීමකට යොමු කර ඇත.

වළං ගොවියන්ට අයත් පාරිහාරික භාණ්‌ඩයකි. එසේම වළං තුළ තිබූ ආයුධ දඩයම්කරුවන්ට අයත් ආයුධයි. මෙම සොයාගැනීම ඔස්‌සේ ලාංකික ආදී මානවයා පිළිබඳ වැදගත් නිගමනයකට එළැඹීමට හැකි විය. එනම් ගල් ආයුධ භාවිත කළ දඩයම්කරුවන් සහ මැටි වළං භාවිත කළ කෘෂිකාර්මික මානවයා අතර කිසියම් සංස්‌කෘතික සම්මිශ්‍රණයන් සිදුවී ඇති ආකාරයයි. එයින් මෙතෙක්‌ අපේ රටේ පූර්ව ඉතිහාසය පිළිබඳ එල්බගෙන සිටි වැරැදි නිගමනයක්‌ බිඳ දමන්නට හැකිවිය. එසේ බිඳ වැටුනු නිගමනය වූයේ දඩයමින් ජීවිතය ගෙනගිය මානවයන්, උතුරු ඉන්දියාවෙන් පැමිණි යකඩ සහ මැටි භාණ්‌ඩ භාවිතයට නැඹුරුවූ ආර්ය සංක්‍රමිකයන් පැමිණීමත් සමඟ පසු බැස්‌ස බවයි. රංචාමඩම ප්‍රාග් ඓතිහාසික සුසානභූමි කැණීමත් සමඟ මෙම මානවයන් දෙකොටස අතර සංස්‌කෘතික සංස්‌පර්ෂයක්‌ පැවැති බව තහවුරු වෙයි.

මෙම සුසාන භූමියෙන් හමු වූ අඟුරු ඉන්දියාවේ පර්යේෂණාගාර වෙත යවා කළ කාල නිර්ණයන්ට අනුව මෙම සුසාන භූමි භාවිත කර ඇත්තේ අදින් වසර 3250 කට පෙර බව තහවුරු වී ඇත. මෙම සුසාන භූමි මැටිගල් (මෝඩ ගල්) යොදාගෙන ලඹ කර බැඳීමෙන් සාදා ඇත. මිනී අළු තැන්පත් කර ඇති මැටි මුට්‌ටි සකපෝරුවේ සියුම්ව සකසාගත් ඒවා ය. මෙමගින් පැහැදිළි වන්නේ මූලික ඉදිකිරීමේ තාක්‌ෂණය, ආදාහන චාරිත්‍ර සහ මූලික ආගමික ක්‍රමයක්‌ පැවති බවයි.

පුරාවිද්‍යාඥයන් නිරන්තරයෙන් අභියෝගවලට මුහුණ දෙයි. එම අභියෝග ජයගැනීම ඔස්‌සේ ශිෂ්ටාචාරයේ අලුත් ඉම් ගවේෂණය කළ හැකි බව නොරහසකි. පර්යේෂණ කණ්‌ඩායම මුහුණ දුන්නේ තවත් අභියෝගයකටය. ඒ රංචාමඩම ප්‍රදේශයෙන් හමු වූ සුසාන භූමි භාවිත කළ මානවයන් ජීවත් වූයේ කොහේද? ඒ කෙසේද? යන්න සොයා ගැනීමයි.

2009 වසරේ උඩ රංචාමඩම ප්‍රදේශයේ සිදුකළ කැණීමකදී පුරාණ නිවාසක්‌ සොයාගැනීමට හැකි විය. එයින් එම ගැටලුවටද සාර්ථක පිළිතුරක්‌ ලැබිණි. වරිච්චි ගැසූ මෙහි මුලුතැන් ගෙයින් ආහාර පිසීමට භාවිත කළ ලිපක්‌ සොයාගැනීමට හැකිවිය. මැටි මූර්තියක්‌, කාන්තාවන් ඇස වර්ණ ගැල්වීමට භාවිත කරන අඳුන් කූරක්‌ සහ අවසාන භෝජනයට ගත් සතුන්ගේ ඇටකටු ද සොයා ගත හැකි විය. මේවා අදින් වසර 3150 ඉපැරණි භාණ්‌ඩ බව තහවුරු කරගැනීමට හැකි වී ඇත.

මෙම නිවසෙන් සොයාගත් ආයුධ අතර ගල්ආයුධ අටක්‌ ද යකඩ ආයුධ දෙකක්‌ ද තිබිණි. ඒ අනුව මේ අවධිය වනවිට යකඩ භාවිතය එතරම් ප්‍රචලිත වී නොතිබි බව නිගමනය කළ හැක.

යකඩ භාවිතය ඉතාම සුවිශේෂ කාරණයක්‌ වන අතර යකඩ සොයා ගන්නේ කුමණ ස්‌ථානයෙන්ද යන්න ඊටත් වඩා සුවිශේෂ කාරණය වේ. යකඩ වැනි ඛනිජ සොයාගත හැක්‌කේ කඳුවලිනි. උඩ රංචාමඩම ප්‍රදේශයට ආසන්න කඳු පංති වන්නේ හල්දුම්මුල්ල, හපුතලේ, බලංගොඩ, ඕපනායක යන කඳු පංතිය බවට පූර්ව සාධකද සැලකිල්ලට ගෙන උපකල්පනය කළ ගවේෂණ කණ්‌ඩායමට, මෙම කඳු ගවේෂණය කිරීමේදී ලෝහ නිධි පිහිටි ස්‌ථාන හඳුනාගැනීමට හැකි විය. මෙයින් එළැඹිය හැකි නිගමනය වන්නේ හෝර්ටන් තැන්න ප්‍රදේශයේ ජීවත්වූ දඩයක්‌කාරයන් කිසියම් පාරිසරික හේතුවක්‌ නිසා පල්ලම් බැස බෙල්ලන්බැඳි පැලැස්‌සට පැමිණ රංචාමඩම ප්‍රදේශයට තල්ලු වී ඔව්හු දඩයම අතහැර පූර්ණ ගොවියෝa බවට පත් වූහ. එසේ පැමිණියේ නම් ඔවුන් හෝර්ටන් තැන්න ප්‍රදේශයේ සිට පහළට ගමන් කළ මාර්ගයේද ඔවුන්ගේ සළකුණු සහ ජනාවාස තිබිය යුතුය. එය තවත් අභියෝගයකි. එම අභියෝගය භාරගත් පර්යේෂණ කණ්‌ඩායම පහළ සිට ඉහළ හෝර්ටන් තැන්න දක්‌වා මානව අවශේෂ සහ සලකුණු සොයමින් දීර්ඝ ගවේෂණ චාරිකාවක නිරත විනි. එහිදී ප්‍රාග් ඓතිහාසික මානවයාගේ ජනාවාස 50 පමණ සොයාගැනීමට ඔවුන්ට හැකිවිය. ඒ ඉදල්ගස්‌හින්න, හල්දුම්මුල්ල, බණ්‌ඩාරවෙල, පඹහින්න සහ මරන්ගහවෙල ආදී ප්‍රදේශවලිනි. විධිමත් ගවේෂණයක්‌ සිදු කළහොත් තවත් ජනාවාස 400 පමණ සොයාගත හැකිවනු ඇත. එම දුෂ්කර ගවේෂණය ද මේ වසරේදී ආරම්භ කිරීමට නියමිතය.

හල්දුම්මුල්ලේ සොහොන් බිමේ කළ කැණීම්වලින් ලාංකික ශිෂ්ටාචාරයේ සුවිශේෂී කතාන්දරයක්‌ හෙළිවේ. රංචාමඩම සොහොන් බිමේ මැටි මුට්‌ටි තුළ තිබූ ආකාරයේ ගල් ආයුධ ද ඊට අමතරව සුවිශේෂ පාෂාණ වර්ගයක්‌ ද ඒ තුළ තිබිණි. වැඩිදුර පරීක්‍ෂණවලදී මෙම ගල් ලෝහ වර්ගයක්‌ බව අනාවරණය විය. මෙසේ ගල් ආයුධ සහ යකඩ තැන්පත් කිරීමට නම් ඔවුන් යකඩ සමග කිසියම් සබඳතාවක්‌ තිබිය යුතු යෑයි පූර්ව නිගමනයකට එළැඹි පර්යේෂණ නඩය මෙම ලෝහ කොටස්‌ කාල නිර්ණය සඳහා යොමු කරන ලදී. එහිදී ඒවා මීට අවුරුදු 3750 – 4000 ඉපැරැණි බව සොයාගැනිණි. මෙම කාල නීර්ණයන් සමගම ලෝකයේ ඉපැරණිම යකඩ භාවිත ශිෂ්ටාචාරය බවට ලංකාව පත් වේ.

එය හුදු හිතළුවක්‌ නොවන බව කැණීමේ ප්‍රතිඵල විශ්ලේශනය කළ අප රටේ සිටින විශිෂ්ටතම පුරාවිද්‍යාඥයෙක්‌ වන මහාචාර්ය ශිරාන් දැරණියගල මහතාද සනාථ කර සිටියේය.

ලෝකයේ ප්‍රබලතම තාක්‍ෂණික මාධ්‍ය ලෝහයි. වර්තමාන ලෝක දියුණුවේ පදනම වන්නේ එයයි. එහෙත් ලොව සියල්ලන්ටම කලියෙන් යකඩ හඳුනාගනිමින් ඒවා උණු කර ඊට අවශ්‍ය තාක්‌ෂණය හඳුනාගනිමින් තම අවශ්‍යතා සපුරාගැනීමට භාණ්‌ඩ නිෂ්පාදනය කිරීමට දැන සිටියේ අපේ ආදී මුතුන් මිත්තන් බව තවමත් අපි නොදනිමු.

මහාචාර්ය රාඡ් සෝමදේවයන් වැනි අතලොස්‌සක්‌වූ විශිෂ්ටයන් ඒ උරුමය හාරා පාදා මතුකර ගනු ඇත. එය අද නොව මීට වඩා ලෝකය යහපත්වූ අනාගතේ දවසක මේ පෘථිවි තලය තුළ ලාංකික සැබෑ සභ්‍යත්වයේ මහිමය හඬගා කියාපානු ඇත.

Original Post: http://lankacnews.com/sinhala/miraculous/%e0%b7%84%e0%b6%bd%e0%b7%8a%e0%b6%af%e0%b7%94%e0%b6%b8%e0%b7%8a%e0%b6%b8%e0%b7%94%e0%b6%bd%e0%b7%8a%e0%b6%bd-%e0%b7%83%e0%b7%9c%e0%b7%84%e0%b7%9c%e0%b6%b1%e0%b7%8a-%e0%b6%b6%e0%b7%92%e0%b6%b8%e0%b7%99/

TOKOMAI STATUETTES OF THE JAPANESE ISLAND OF HONDO

2011-09-15T19:12:00.002+05:30

In the middle of the twentieth century, some studious ones proceeded to archaeological excavations in the Japanese island Hondo. As result, several strange statuettes were discovered, with 60 height centimeters for 15 of diameter, and 12.000 years old...

All the statuettes represent a god, with a " diving suit ":

In the area of the head we see a helmet; in the place of the eyes, they meet small " rifts " to allow the vision. As a member of the Sciences Academy of Moscow, such fact could presuppose that, underneath the helmet, it would be somebody with big eyes, habituated to live in atmospheres with little brightness; in that way a contact with an atmosphere where plenty of brightness exists (as the terrestrial), he would have to protect the organs of the vision, letting to just penetrate a tiny amount of light...

Also, in the statuette, the hands are constituted for a type of " tongs " or " pliers " points..

Exclusive footage of the statuettes Tokomai

the Jomon period, obtained by the author of this site:

COMPARATIVE ANALYSIS:

Head DoguFront Image:		HELMET PROTECTIVE PRESENT:
Image left side	Image rear:		Image right side:

AstronautImage left side:	DoguImage left side:	DoguImage right side:	AstronautImage right side:

History books do not say this......

2011-09-15T18:58:00.003+05:30

How is a paradigm formed?

2011-09-15T18:50:00.004+05:30

River over a River

2011-09-15T17:58:00.000+05:30

If you are not a Physics person, read the last paragraph and learn a fact of physics.

Have you ever seen a river over a river? AMAZING.....

Even after you see it, it is still hard to believe!
Water Bridge in Germany . What a feat! The photo was taken on the day of inauguration . . .

To those who appreciate engineering projects, here's a puzzle for your armchair engineers and physicists.

Question:
Did that bridge have to be designed to withstand the additional weight of ship and barge traffic, or just the weight of the water?
  Answer:
It only needs to be designed to withstand the weight of the water!
Why?
A ship always displaces an amount of water that weighs the same as the ship, regardless of how heavily a ship may be loaded.  Six years, 500 million Euros, 918 meters long . . . now, this is engineering!
This is a channel-bridge over the River Elbe and joins the former East and West Germany ,
as part of the unification project. It is located in the city of Magdeburg , near Berlin .

Saturday, April 23, 2011
The Incredible Magdeburg Water   Bridge in Germany The Magdeburg Water Bridge is a navigable aqueduct in Germany that connects the Elbe-Havel Canal to the Mittelland Canal , and allows ships to cross over the Elbe River At 918 meters, it is the longest navigable aqueduct in the world.
The Elbe-Havel and Mittelland canals had previously met near Magdeburg but on opposite sides of the Elbe . Ships moving between the two had to make a 12-kilometer detour, descending from the Mittelland Canal through the Rothensee boat lift into the Elbe, then sailing downstream on the river, before entering the Elbe-Havel Canal through Niegripp lock. Low water levels in the Elbe often prevented fully laden canal barges from making this crossing, requiring time-consuming off-loading of cargo.

Construction of the water link was started as early as in the 1930s but due to the World War 2 and subsequent division of Germany the work remained suspended till 1997. The aqueduct was finally completed and opened to the public in 2003.was finally completed and opened to the public in 2003.

ආදර්ශය..... Time for thought

2011-09-15T17:50:00.000+05:30

Ritigala Judo

2011-09-08T23:40:00.001+05:30

අලුත්ම ගොඩයන කලාව - අංගම්. අංගම් ගැන ඇති වී තිබෙන සංවාදය අතිශය පුදුමය සම්පන්නය. ඉතා කෙටි කලක් ඇතුලත අප රටේ නන් දෙසින් සටන් කරුවන් රාශියක් බිහිවීම එක්කෝ රටේ වාසනාවය නැත්තම් පත්තර කාරයන්ට උපහාරයක් දිය උතුය. තව ටික දවසකින් තව තව ගුරෝ බිහිඋවොත් එය පුදුමයට කාරණාවක් නොවනු ඇත.

පහත දැක වෙන්නේ ලගකදී රිවිර පුවත්පතට කරන ලද සාකච්චාවකි.

http://www.hothotlanka.com/2011/09/ritigala-sumedha-speaks.html

මෙම පුද්ගලයා ගැන ප්‍රසිද්ධ වීඩියෝ පට කිහිපයක් මෙයින් දැක්වේ. මෙයට පිළිතුරක් වශයෙන් ඉහත සාකච්චාවේ මොහු අන් සටන් කලාවන් අධ්‍යනයට ඉන්දියාවට ගිය බව දක්වා ඇත. එකම ප්‍රශ්නය වන්නේ අංගම් අවරුදු තුනෙන් ඉගෙන ගත් පුද්ගලයාට වෙනත් ශිල්ප ඉගෙන ගැනීමට අවරුදු 7 ක් ගතවීමය. කෙසේ නමුත් අපට අසන්නට ලැබුණු ආකාරයට අනුරාධපුර නගරයේ කලකට ඉහත ජුඩෝ පන්තියක් කරන්නට ඇත්තේ 1998-2005 කාලයේ කරන ලද අන් සටන් පිළිබද අධ්‍යනයට උදව්වක් පිණිස වන්නට ඇත.
පහත වීඩියෝව නරඹන්න

රටේ අද වනවිට නමගිය අංගම් ගුරුන් මීට පෙර කුමන හෝ සටන් කලාවක් උගන්වා ඇති බව පෙනෙන්නට තිබේ. එක ගුරෙක් වුෂු ද මෙම ගුරා ජුඩෝ ද උගන්වා ඇත. එමෙන්ම සියලු ගුරන් මාධ්‍යට දැඩි ලැදියාවක් දක්වන බවත් පෙනෙන්නට තිබේ. අයෙක් ප්‍රසිද්ධ සංධර්ශනයක් කඩුවෙලදී කළේය. එමෙන්ම මෙම සියලු ගුරන් අංගම් කලාව තමන් අත පමණක් ඇති බව කියා වහසි බස් ද පවසයි. මේවා ඇත්තද බොරුද කියා උඩ ඉන්න දෙය්යෝ අසා දැනගත යුතුය.

මෙම ලිපිය කියවන ඔබ මේවා ගැන ලිවීමට අපට ඇති රුදාව කුමක් දී සිතනු ඇත. එයට පැහැදිලි පිළිතුරක් නැති උවත් ම ඔබෙන් පහත වීඩියෝව බලන මෙන් ඉල්ලමි.

අංගම් ගැන සදහන් වූ මුල් ලිපිය

අද කාලයේ ජනප්‍රිය මාතෘකාව - අංගම් ශිල්පය

What killed Ranjan Das (CEO and MD of SAP)

2011-09-08T14:10:00.001+05:30

Below is another mail which I received today. Enough sleep is must for us.

Ranjan Das, CEO and MD of SAP Indian subcontinent

died after a massive cardiac arrest in Mumbai in October 2009.
One of the youngest CEOs, he was 42.

http://www.youtube.com/watch?v=ZINMFdWHcDE

What killed Ranjan Das and Lessons for Corporate India

Many of us heard about the sad demise of Ranjan Das from Bandra, Mumbai. He was very active in sports, was a fitness freak and a marathon runner. It was common to see him run on Bandra's Carter Road . Just after Diwali, on 21st Oct, he returned home from his gym after a workout, collapse! d with a massive heart attack and died.

It was certainly a wake-up call for corporate India . However, it was even more disastrous for runners amongst us. Since Ranjan was an avid marathoner ( in Feb 09, he ran Chennai Marathon at the same time some of us were running Pondicherry Marathon 180 km away ), the question came as to why an exceptionally active, athletic person succumb to heart attack at 42 years of age. Was it the stress?

While Ranjan had mentioned that he faced a lot of stress, that is a common element in most of our lives. We used to think that by being fit, one can conquer the bad effects of stress.

The Real Reason

However, everyone missed out a small line in the reports that Ranjan used to make do with 4-5 hours of sleep. This is an earlier interview of Ranjan on NDTV in the program 'Boss' Day Out':

Boss' Day Out: Ranjan Das of SAP India

http://www.youtube.com/watch?v=ZINMFdWHcDE

Except for stress control, Ranjan Das did everything right: eating proper food, exercising ( marathoning!), maintaining proper weight. But he missed getting proper and adequate sleep, minimum 7 hours.

Unfortunately, Ranjan Das is not alone when it comes to missing sleep. Many of us are doing exactly the same, perhaps out of ignorance.

Please forward this mail/article to as many of your colleagues/friends as possible, especially those who might be short-changing their sleep.

Kindom of Pride - Anuradhapura

2011-09-07T22:47:00.003+05:30

අනුරාධපුර යනු සමස්ථ ලක් ඉතිහාසයේ කේන්ද්‍රයි! විශිෂ්ට වාරි සහ ඉංජිනේරු තාක්ෂණයේ ජීවමාන සාධක රැසක් අදටත් ඉතිරිව ඇති මෙම පුරන අගනගරයේ ගවේෂණය කල යුතු ස්ථාන අපමණය. ජය ශ්‍රී මහා බෝධිය මුල් කරගත් වර්ථමාන වන්දනා චාරිකාවන්ගෙන් බොහොමයක් මෙකී ස්ථාන මගහැරීම සුලබ දෙයකි. එමනිසා මෙම පුරාණ අග නගරයේ ශ්‍රී විභූතිය දැකීමට කෙටි කාලයක් හෝ වෙන් කරගෙන පැමිණීම කාලය අපතේ යැවීමක් නොවනු ඇත.

මෑතකදී අනුරාධපුර නටබුන් පුරයේ සැරිසරන විටදී ගත ඡයරුප කිහිපයක් පහත දැක්වේ.

මෙහි දැක්වෙන්නේ ථූපාරාම නව කැනීම් ප්‍රදේශයේ ගත් ඡයරුපයන්ය. මෙය හොදින් නිරීක්ෂණය කළහොත් ථූපාරාමය වට ඉදි කර තිබු ගඩොල් බැම්ම පැහැදිලිවම බලාගත හැකිය. මෙහි වැදගත්කම වන්නේ කිසිදු සංරක්ෂණයක් නැතිව අද වෙන තුරු මෙය සුරැකිව තිබීමය. මෙම නටබුන් තහවුරු කර අලුත්වැඩියා කල පසු මෙහි මුහුණුවර ස්වල්ප වශයෙන් වෙනස්විය හැකිය.

අභයගිරි විහාර ප්‍රවේශයේ ඇති පුන්කලස - සෞභාග්‍යයේ සංකේතය

විහාර සංකීර්ණයේ ප්‍රධාන දන ශාලාවේ ඇති බත් ඔරුව. සියවස් ගණනාවක් මෙහි වාසය කල භික්ෂුන් දන් වැළදු ස්ථානය මෙයක්. මෙහි 5000ක් භික්ෂුන්ට දානය සැපයු බව සදහන්ය. අනිත් පින්තුරයෙන් දැක්වෙන්නේ දන ශාලාවේ පිටුපස ප්‍රවේශයේ තිබු විශාල දොරටුවෙන් ගල් උළුවස්සේ සැදුනු කඩතොලුය. කළු ගලක් දැවමය දොරකින් මෙලෙස පලුදු වන්නට සියවස් කිහිපයක් ගතවන්නට ඇත. මෙය මා දුටු අකර්ෂණීයම දර්ශනයි.

THE MONEY IS YOURS BUT THE RESOURCES BELONG TO THE SOCIETY

2011-09-07T10:04:00.000+05:30

Food for thought … … …the below email was circulated among us in the office recently. I do not know whether this is a true story or not but it passes a great message to all of us.

THE MONEY IS YOURS BUT THE RESOURCES BELONG TO THE SOCIETY

A good lesson to remember.

Germany is a highly industrialized country. It produces top brands like Benz, BMW, Siemens, etc. The nuclear reactor pump is made in a small town in this country. In such a country, many will think its people lead a luxurious life. At least that was my impression before my study trip.

When I arrived at Hamburg, my colleagues who work in Hamburg arranged a welcome party for me in a restaurant. As we walked into the restaurant, we noticed that a lot of tables were empty. There was a table where a young couple was having their meal. There were only two dishes and two cans of beer on the table. I wondered if such a simple meal could be romantic, and whether the girl will leave this stingy guy.

There were a few old ladies at another table. When a dish is served, the waiter would distribute the food for them, and they would finish every bit of the food on their plates.

We did not pay much attention to them, as we were looking forward to the dishes we ordered. As we were hungry, our local colleague ordered more food for us.

As the restaurant was quiet, the food came quite fast. Since there were other activities ar ranged for us, we did not spend much time dining. When we left, there was still about one third of unconsumed food on the table.

When we were leaving the restaurant, we heard someone calling us. We noticed the old ladies in the restaurant were talking about us to the restaurant owner. When they spoke to us in English, we understood that they were unhappy about us wasting so much food. We immediately felt that they were really being too busybody.

"We paid for our food, it is none of your business how much food we left behind, " my colleague Gui told the old ladies.

The old ladies were furious. One of them immediately took her hand phone out and made a call to someone. After a while, a man in uniform from the Social Security organization arrived. Upon knowing what the dispute was, he issued us a 50 Mark fine.

We all kept quiet. The local colleague took out a 50 Mark note and repeatedly apologized to the officer.

The officer told us in a stern voice,
"ORDER WHAT YOU CAN CONSUME, MONEY IS YOURS BUT RESOURCES BELONG TO THE SOCIETY. THERE ARE MANY OTHERS IN THE WORLD WHO ARE FACING SHORTAGE OF RESOURCES. YOU HAVE NO REASON TO WASTE RESOURCES. "

Our faces turned red. We all agreed with him in our hearts. The mindset of people of this rich country put all of us to shame. WE REALLY NEED TO REFLECT ON THIS. We are from a country which is not very rich in resources. To save face, we order large quantities and also waste food when we give others a treat. THIS LESSON TAUGHT US A LESSON TO THINK SERIOUSLY ABOUT CHANGING OUR BAD HABITS.

My colleague Photostatted the fine ticket and gave a copy to each of us as a souvenir. All of us kept it and pasted on our wall to remind us that we shall never be wasteful.
When will SRI LANKA make it a law to fine people who waste food?
NOTE : I believe that there are provisions in Singapore to stop people wasting food in restaurants, especially at buffets. If excessive amounts of food are left on their plates, guests can be fined for the unconsumed food.

When can Microsoft provide Sinhalese culture logic?

2011-09-06T11:44:00.000+05:30

Have you ever tried to sort a list into ascending or descending order when the locale is not English? probably you might have not noticed it. Nowadays all the large scale websites are moving towards Unicode compatibility to make the product globalization. However globalization is not just input or output compatibility.

There are lots of aspects that you need to think of before thinking of making your website Unicode compatible. One such aspect is the support for culture logic. You can make your website compatible for an Unicode language anytime but you might not be able to provide a true globalization experience to your visitors\users if they are outside of the below list. Below is the full list of all the supported cultures we have so far.

If you use ta-IN culture code you will be able to sort the Tamil letters or words with no issues.
அஆஇஈஉ

If you use zh-TW it will sort the Chinese letters. Chinese letters are more likely symbols and they differentiate the meaning of the same symbol by making slight changes to it. By using this culture code you can sort these stuff with no issues. I have never tried this code because I could not find the properly listed Chinese Alphabet to check with.

We do not have Sinhalese in this list. This means you cannot provide a proper sorting option to your users if they are using Sinhalese.

Code	Language – Country/Region	Code	Language – Country/Region
af	Afrikaans	hu-HU	Hungarian – Hungary
af-ZA	Afrikaans – South Africa	is	Icelandic
sq	Albanian	is-IS	Icelandic – Iceland
sq-AL	Albanian – Albania	id	Indonesian
ar	Arabic	id-ID	Indonesian – Indonesia
ar-DZ	Arabic – Algeria	it	Italian
ar-BH	Arabic – Bahrain	it-IT	Italian – Italy
ar-EG	Arabic – Egypt	it-CH	Italian – Switzerland
ar-IQ	Arabic – Iraq	ja	Japanese
ar-JO	Arabic – Jordan	ja-JP	Japanese – Japan
ar-KW	Arabic – Kuwait	kn	Kannada
ar-LB	Arabic – Lebanon	kn-IN	Kannada – India
ar-LY	Arabic – Libya	kk	Kazakh
ar-MA	Arabic – Morocco	kk-KZ	Kazakh – Kazakhstan
ar-OM	Arabic – Oman	kok	Konkani
ar-QA	Arabic – Qatar	kok-IN	Konkani – India
ar-SA	Arabic – Saudi Arabia	ko	Korean
ar-SY	Arabic – Syria	ko-KR	Korean – Korea
ar-TN	Arabic – Tunisia	ky	Kyrgyz
ar-AE	Arabic – United Arab Emirates	ky-KG	Kyrgyz – Kyrgyzstan
ar-YE	Arabic – Yemen	lv	Latvian
hy	Armenian	lv-LV	Latvian – Latvia
hy-AM	Armenian – Armenia	lt	Lithuanian
az	Azeri	lt-LT	Lithuanian – Lithuania
az-AZ-Cyrl	Azeri (Cyrillic) – Azerbaijan	mk	Macedonian
az-AZ-Latn	Azeri (Latin) – Azerbaijan	mk-MK	Macedonian – Former Yugoslav Republic of Macedonia
eu	Basque	ms	Malay
eu-ES	Basque – Basque	ms-BN	Malay – Brunei
be	Belarusian	ms-MY	Malay – Malaysia
be-BY	Belarusian – Belarus	mr	Marathi
bg	Bulgarian	mr-IN	Marathi – India
bg-BG	Bulgarian – Bulgaria	mn	Mongolian
ca	Catalan	mn-MN	Mongolian – Mongolia
ca-ES	Catalan – Catalan	no	Norwegian
zh-HK	Chinese – Hong Kong SAR	nb-NO	Norwegian (Bokm?l) – Norway
zh-MO	Chinese – Macao SAR	nn-NO	Norwegian (Nynorsk) – Norway
zh-CN	Chinese – China	pl	Polish
zh-CHS	Chinese (Simplified)	pl-PL	Polish – Poland
zh-SG	Chinese – Singapore	pt	Portuguese
zh-TW	Chinese – Taiwan	pt-BR	Portuguese – Brazil
zh-CHT	Chinese (Traditional)	pt-PT	Portuguese – Portugal
hr	Croatian	pa	Punjabi
hr-HR	Croatian – Croatia	pa-IN	Punjabi – India
cs	Czech	ro	Romanian
cs-CZ	Czech – Czech Republic	ro-RO	Romanian – Romania
da	Danish	ru	Russian
da-DK	Danish – Denmark	ru-RU	Russian – Russia
div	Dhivehi	sa	Sanskrit
div-MV	Dhivehi – Maldives	sa-IN	Sanskrit – India
nl	Dutch	sr-SP-Cyrl	Serbian (Cyrillic) – Serbia
nl-BE	Dutch – Belgium	sr-SP-Latn	Serbian (Latin) – Serbia
nl-NL	Dutch – The Netherlands	sk	Slovak
en	English	sk-SK	Slovak – Slovakia
en-AU	English – Australia	sl	Slovenian
en-BZ	English – Belize	sl-SI	Slovenian – Slovenia
en-CA	English – Canada	es	Spanish
en-CB	English – Caribbean	es-AR	Spanish – Argentina
en-IE	English – Ireland	es-BO	Spanish – Bolivia
en-JM	English – Jamaica	es-CL	Spanish – Chile
en-NZ	English – New Zealand	es-CO	Spanish – Colombia
en-PH	English – Philippines	es-CR	Spanish – Costa Rica
en-ZA	English – South Africa	es-DO	Spanish – Dominican Republic
en-TT	English – Trinidad and Tobago	es-EC	Spanish – Ecuador
en-GB	English – United Kingdom	es-SV	Spanish – El Salvador
en-US	English – United States	es-GT	Spanish – Guatemala
en-ZW	English – Zimbabwe	es-HN	Spanish – Honduras
et	Estonian	es-MX	Spanish – Mexico
et-EE	Estonian – Estonia	es-NI	Spanish – Nicaragua
fo	Faroese	es-PA	Spanish – Panama
fo-FO	Faroese – Faroe Islands	es-PY	Spanish – Paraguay
fa	Farsi	es-PE	Spanish – Peru
fa-IR	Farsi – Iran	es-PR	Spanish – Puerto Rico
fi	Finnish	es-ES	Spanish – Spain
fi-FI	Finnish – Finland	es-UY	Spanish – Uruguay
fr	French	es-VE	Spanish – Venezuela
fr-BE	French – Belgium	sw	Swahili
fr-CA	French – Canada	sw-KE	Swahili – Kenya
fr-FR	French – France	sv	Swedish
fr-LU	French – Luxembourg	sv-FI	Swedish – Finland
fr-MC	French – Monaco	sv-SE	Swedish – Sweden
fr-CH	French – Switzerland	syr	Syriac
gl	Galician	syr-SY	Syriac – Syria
gl-ES	Galician – Galician	ta	Tamil
ka	Georgian	ta-IN	Tamil – India
ka-GE	Georgian – Georgia	tt	Tatar
de	German	tt-RU	Tatar – Russia
de-AT	German – Austria	te	Telugu
de-DE	German – Germany	te-IN	Telugu – India
de-LI	German – Liechtenstein	th	Thai
de-LU	German – Luxembourg	th-TH	Thai – Thailand
de-CH	German – Switzerland	tr	Turkish
el	Greek	tr-TR	Turkish – Turkey
el-GR	Greek – Greece	uk	Ukrainian
gu	Gujarati	uk-UA	Ukrainian – Ukraine
gu-IN	Gujarati – India	ur	Urdu
he	Hebrew	ur-PK	Urdu – Pakistan
he-IL	Hebrew – Israel	uz	Uzbek
hi	Hindi	uz-UZ-Cyrl	Uzbek (Cyrillic) – Uzbekistan
hi-IN	Hindi – India	uz-UZ-Latn	Uzbek (Latin) – Uzbekistan
hu	Hungarian	vi	Vietnamese

අද කාලයේ ජනප්‍රිය මාතෘකාව - අංගම් ශිල්පය

2011-09-04T20:47:00.000+05:30

අංගම් ගැන අප කතා කරන්නට පටන් ගත්තේ ජයන්ත චන්ද්‍රසිරි නම් වූ ඒ විශිෂ්ට කල කරුවාගේ දඩුබස්නාමනය ටෙලි වෘතන්තයෙනි. විශිෂ්ට ටෙලි කෘතියක් වූ එහි අනාදිමත් කාලයක සිට පරම්පරා දෙකක් මුල් කරගෙන පැවතගෙන ආ අංගම් කලාව විනාශ වී ගිය අන්දම පෙන්වා දෙයි. එහි මුලික වශයෙන් පහත

කරුණු අඩංගු වේ.

1. තමන්ගේ පරපුරට අවේනික වූ ආචාර ධර්ම දිවිහිමියෙන් ආරක්ෂා කිරීම

2. අසත්පුරුෂයන්ට අංගම් කලාව නොදීම

3. ගුරු කුල අතර ද්වන්ධ සටන් මරණය තෙක් පැවැත්වීම

4. ස්නායු පද්ධතිය මුල් කරගත් නිල ශාස්ත්‍රයක් තිබීම

එම ටෙලි සිත්තම නිසා සමාජයේ බොහෝ දෙන අංගම් ගැන කතා කරන්නට පටන් ගත් අතර ඉන්පසු වැඩි කතා බහක් ඇති වුයේ නැත. නමුත් අද වන විට අංගම් යනු උණුසුම් මාතෘකාවක් වී ඇත. ඉතා සුළු කාලයක් තුල දේශමාමක අංගම් ශිල්පීන් රැසක් මාධ්‍ය හරබයක නියත වී සිටින ආකාරය දකින්නට ඇත. මේ සටහන තබන්නේ හදිස්සියේ ඇති වූ මේ අංගම් උණුසුම කුමක්දි සොයා බැලීමටය.
මා මිත්‍රයෙක් පසුගිය දිනෙක හදිස්සියේ අංගම් මඩුවක් බලන්නට යෝජනා කළේය. මා එම යෝජනාව එක පයින්ම ස්ථිර කලේ හැබැවටම අංගම් යනු කුමක්දෙයි කිනම හටගත් ආසාව නිසාමය.

කඩුවෙල නගර මධ්‍යයේ පිහිටා ඇති "රන් කඩු පත්තිනි දේවාලයේ" පැවෙති එය අප යන විට ආරම්භ වූවා පමණි. බලු බැල්මට දේශපාලන බවතුන් රොත්තකුත් කල කරුවන් රැසකුත් ඉදිරිපිට කෙරු සංදර්ශනයක සේයාවක් ගත් එහි ගතයුත්තක් නැති බව අපට වැටහුණි. අපගේ නිරීක්ෂණයන් මෙසේය

1. අංගම් යනු තමන්ගේ ලේ උරුමයක් බව පුන පුනා පැවසීම. එය ප්‍රශ්න කරන සියලු දෙන පරංගින් ජාතක කොට ඉපදීම. (එය පැවසු පෙරේරා මහතාට එකී නමේ සම්භවය අමතක උනාවත්ද?)
2. මුල්ලේරියා සටනේ උරුමය තමන් සතු කර ගැනීමට දරු අනෙක විධ ප්‍රකාශ
3. තමන් අංගම් වල කෙල පැමිණි අසහාය වීරයෙක් බව පෙන්වා දීම.

4. කිසිදු පුද්ගලයෙකුට ආසාවට පින්තුරයක් ගන්න නොදීම - නමුත් මෙම සංදර්ශනයේ එක අරමුණක් ලෙස පෙන්වා දී තිබුනේ ජනතාවගේ දෑස පාදන්නට මෙය කල බවකි.

5. තමන්ගේ අධ්‍යාත්මික ශක්තිය අසම සම බව පෙන්වීමට උත්සහ කිරීම(බාගෙට ඇස් බැදගෙන කඩුවකින් කෙටු හැටි බොහෝ දෙනා කතා විය)
6. තමන්ගේ උපාධි, ආචාර්ය පට්ටම් සහ ගෞරව පට්ටන් පුන පුනා සදහන් කිරීම. එදිම දේශමාන්‍ය පට්ටමද බෙර හඩ මද්‍යයේ ලබාදීම සිදු කෙරින.

7. අංගම් නම් මම තමයි බුවා කියා නොකියා කීම :)

මෙම පිරිස මුකුත් නොදන්නා පිරිසක් යැයි අප කිසිවිටෙක කියන්නේ නැත. මන්ද පෙරේරා මහතා කලකට පෙර දක්ෂ වුෂු ශිල්පියෙක් ලෙස ශිෂ්‍යන් පුහුණු කල බව අප දන්නා නිසාය. ප්‍රශ්නය තිබෙන්නේ එක පාරටම දියෙන් නෙළුමක් පිපෙන්නා සේ අංගම් කලාව එක පාරටම මතක් වීමය. 30 වසරක ශාප ලත් යුද්ධයක් අවසාන කර මුළු මහත් ජාතියම ජාති මාමක වී තිබෙන මෙම කාලය මෙවන් වැඩකට නරකමයි කියන්නට බැරිය. මන්ද ජනතාව අද කාලයේ දේශ මාමක ලේබලය ගැසූ ඕනෑම දෙයක් හිස මුදුනින් බාර ගැනීමට ලෑස්ති නිසාය. අපට හිතෙන්නේ පෙරේරා කණ්ඩායම මෙය හොදට හිතා බලා කරපු නියම මාර්කටින් වැඩක් ලෙසය. පොඩ්ඩක් මෙම වීඩියෝව නරඹන්න: රොබින් හුඩ්වත් තම බුවා කියා පෙන්වීමට මෙච්චර දැගලුවේ නැති බව ඔබට මතක ඇති. මෙච්චර kick එකක් තිබ්බානම් ශාපලත් යුද්ධය කාලේ වචනයකින් හරි පොඩි සප් එකක් දෙන්නට තිබුණා නොවේද?

මේ සමගම රිටිගල සුමේධ, ග්‍රේෂන් මාස්ටර් සහ තවත් බොහෝ පිරිසක් අංගම් උරුමය රකින බවට මාධ්‍ය වල සටහන් විය. කොටින්ම මෙය මාධ්‍ය වලටද නියම ප්‍රවෘත්තියකි. ඔවුන් ගැන කතා කරන්නට අප දන්නේ නැත. මන්ද ඔවුන්ගේ හරඹ බලන්ට තම අවකාශයක් ලැබුනේ නැත. අපට මේ කිසිවෙක් සමග කිසිම පොද්ගලික තරහක් නැත. ඔවුන් දන්නා ශිල්පයක් පෙන්නා නටා දැක්වුවාට කම් නැත. නමුත් හදවතට සියුම් වේදනාවක් දැනෙන්නේ අපගේ සිහළ උරුමය වූ අංගම් කලාව මෙලෙස තමන්ගේ කරගැනීමට එකිනෙකා කර ගන්නා වූ අනේක විච්චුරන දකින කොටය. නමුත් අපගේ ප්‍රාර්ථනාව මෙම විශිෂ්ට කලාව තවමත් අප අතරේ සුරැකිව ඇති බවකි. ශික්ෂණය, සාරධර්ම සහ පංච ශීලය තම අරටුව කරගත් අංගම් කලාව නිසි ලෙස ප්‍රගුණ කල අයෙක් මෙලෙස බයිස්කෝප් මානසිකත්වයක සිටිනු ඇතැයි සිතීම උගහටය. ආත්මාරක සටන් කලාවක් හැරු අයෙක් අන්තර්ජාලයේ එක් ලිපියක සටහනක් තබා තිබුනේ මෙම ශිල්පින් බොහෝ දෙනා වුෂු සටන් කලාව අභාෂයට ගෙන ඇති බවකි. එහි සත්‍ය අසත්‍යතාවය ඔබම සොයා බලනමෙන් ආරාධනා කරන්නෙමු.

අවරුදු සිය ගණනක් පැරණි වතාවක් ලෙස 499 වරට කරන ලද උක්ත පූජාව නොහොත් සංදර්ශනය ගැන බොහෝ දෙනා කතා කලද දේවාලයේ කපු මහතාට අනුව එය සිදු කර ඇත්තේ ප්‍රථම වතාවටය. කෙසේ නමුත් අපගේ පැරණි තේවාවක් නැවත අරඹා මෙලස ඉදිරිපත් කිරීම ගැන අප අගය කල යතුය. නමුත් අංගම් අයිති කර ගන්නට යාම නම් අනුමත කල නොහැකි දෙයකි.

කෙසේ වෙතත් ඉතිහාසයේ අංගම් කලාවේ මෙහෙය නිසි ඇගයීමකට ලක් වී නැති බව නම් පැහැදිලි කරුණකි. ලක් ඉතිහාසයේ මෙකී ශිල්පින් දේශයේ අභිමානයට සහ ආරක්ෂාවට දායක වූ අන්දම අපි වෙනම ලිපියකින් සාකච්චා කල යුතුව ඇත. අංගම් කලාවේ ආරම්බය සහ පුරවෘර්ත අධ්‍යනය පසුවට තබන්නට කැමැත්තෙමු(ලිපිය අරඹා ඇති පින්තුරය ඇම්බැක්කේ දෙවොලේ ඇති ලී කැටයමකි. මෙය පුරාතන අංගම් ශිල්පින් දෙදෙනෙක් බවට මතයක් තිබේ).

ලිපිය අවසානයට මත්තෙන් තව දෙයක් කිව යුතුය. බැරිවෙලාවක්වත් පෙරේරා මහතා මෙය කියෙව්වොත් මාගේ ජාතකය පරංගින්ට සම්බන්ධ කරනු ඇත. මට ප්‍රසිද්ධියේ සටනකට අභියෝග කරනු ඇත. නමුත් අවාසනාවකට මට අභියෝගය බාර ගන්නට බැරි වන්නේ මන් වුෂු දන්නේ නැති නිසාය.

සිංහලේ වෙනුවෙන් දිවි පිදු සියලු වීරයන්ට නිවන් සුව!

Why We Are Poor?

2010-08-22T14:13:00.000+05:30

"The "developing" part of "developing country" may be considered euphemistic or perhaps optimistic, as many of the poorest countries are hardly developing at all." from wiki

Do you agree with the above statement? In my case I would certainly agree with that statement as following factors witness that....

How many times have you heard that we are a developing country? Ask from your parents because probably they also have heard of this throughout their lives. But still we are considered as a developing country
Have you ever heard that any of the Asian country step up to to the developed category? of course Singapore is a good example but I am thinking of other countries. If you name Korea\Thailand and Malaysia then I would say they have critical social economic issues. They are severely suffering from post development issues like youth unemployment, prostitution, illegal incomes and more importantly quality of life.

Therefore the correct term is that we are the countries where the development is stopped! This is not to say that our living conditions are horrible but what I need to point out is there will not be any change the way we thinking.

What I feel is that we need to take the People's attitude in to the account of the development. Because if you take the road structure of Sri Lanka I agree that we have a lot to developed. But it should not prevent us from having developed disciplines. In some roads its obvious that drivers cannot flow the rules properly. The problem is people do not follow rules even in good roads. That's what do you call disciplines and ethics. In some areas we have very good road structure where drivers can follow lanes with no issues. But when you go by those roads you feel where we are. That is the main reason why we are behind. No one respects the person who is in-front of you. This is what we can improve.

What I feel that Sri Lanka has a great potential to be a developed country. Only what matters is the way we think. Lets be disciplined by ourselves so that others will follow us SOMEDAY. The day we become disciplined will become the day we become developed.

Effective Education as a key factor of the national development.

2009-12-31T17:15:00.000+05:30

Can Education make a difference in the country? Just giving it free would help to develop the country? or just making sure all the people do get educated? or just literacy is enough to develop the country? The answer is NO. Just the education would not contribute in developing the country. It will be yet another factor if it is not properly designed. The purpose of this article is to discuss how the Effective education is tied with the national development.

What is Education?

Education in its broadest sense is any act or experience that has a formative effect on the mind, character or physical ability of an individual. In its technical sense education is the process by which society deliberately transmits its accumulated knowledge, skills and values from one generation to another.

Human development Index is as follows

0.950 and Over 0.900–0.949 0.850–0.899 0.800–0.849 0.750–0.799

0.700–0.749 0.650–0.699 0.600–0.649 0.550–0.599 0.500–0.549

0.450–0.499 0.400–0.449 0.350–0.399 under 0.350 not available

As it can be clearly noticed many parts of the world is not developed. This shows the human development and it is not merely depend on the how strength the economy is. For an example China and India are still developing countries but they are economically in a better position.

Education in every sense is one of the fundamental factors of development. No country can achieve sustainable economic development without substantial investment in human capital. Education enriches people’s understanding of themselves and world. It improves the quality of their lives and leads to broad social benefits to individuals and society. Education raises people’s productivity and creativity and promotes entrepreneurship and technological advances. In addition it plays a very crucial role in securing economic and social progress and improving income distribution (Click here for the source)

Education Index is as follows

high, medium, and low

The amazing this is that above two graphs do not seem to be matching each other perfectly. Not all the well educated people are developed. Then why is that? Have a look on the below graph which shows the economic development of each country.

Below shows how the development has spread

This is again contradicting. All the Green area in the Education index has changed its color to a lower level. Why is this? The reason is the quality of the eduction? It is really important to have a properly designed education system. I see two main issues

Quality of education system
Brain Drain

1. Quality of Education System

Education system should be tied to the vision of the county. It is the heart beat of the country and if the heart beat is weak then country cannot breath. Many countries provide Education free and some countries could gain the results and some are not. For an example Finland is in the comfort zone and Sri Lanka is no where.

Below is a part of an US education enhancement project and just see how focused it is. Unlikely others this directly addressing the market needs as well as R&D activities for future development.

Raising educational levels to create a quality workforce
Improving learning and teaching from pre-school through graduate school through
working with the public schools
Entrepreneurship Center Network, Small Business Development Centers Providing lifelong learning opportunities
Identifying the needs of business and industry by including them on advisory committees for academic and professional programs.
Taking strong and visible roles in regional initiatives through partnerships that involve hundreds of local public and private agencies.
Disseminating research and promoting technology transfer specialized research studies
Enhancing the technology infrastructure
Promoting livable communities through extensive regional arts programming

Below shows how the developing part of the world is performing. The fact is that the total quality of the education is not leading to deliver productive output which aggressively contribute to the national development. That output will be just a number of people who has knowledge but not the required knowledge in the required passion.

2. Brain Drain

This is another area we forgot. Due to several reasons hundreds of educated people are migrating to the developed part of the world. This severely impact the national development as all of its quality human resource is draining to other countries. Whole the investment made will be wasted in terms of their contributions to the national economy. Below data shows how the brain drain is spread across the world and it can be clearly identified developing world is loosing their people.

According to a latest study given below brain drain is a significant factor for the development of the country.
Source of the below article: Click here

Poor countries across Africa, Central America and the Caribbean are losing sometimes staggering portions of their college-educated workers to wealthy democracies, according to a World Bank study released Tuesday.
The study's findings document a troubling pattern of "brain drain" - the flight of skilled, middle-class workers who could help lift their countries out of poverty, some analysts say. And while the exact effect of such migration is still little understood, there is a growing sense among economists that it plays a crucial role in a country's development.
The findings are based on an extensive survey of census and other data from the 30 countries in the Organization for Economic Cooperation and Development, which includes most of the world's richest countries.
The World Bank study, published Tuesday in a book with the title "International Migration, Remittances & the Brain Drain," found that from a quarter to almost half of the college-educated nationals of poor countries like Ghana, Mozambique, Kenya, Uganda and El Salvador live abroad in an OECD country - a fraction that rises to more than 80 percent for Haiti and Jamaica.
In contrast, less than 5 percent of the skilled nationals of the powerhouses of the developing world, like India, China, Indonesia and Brazil, live abroad in an OECD country.
These patterns suggest that an extensive flight of educated people is damaging many small to medium-sized poor countries, while the largest developing countries are better able to weather relatively smaller losses of talent - and even benefit from them when their skilled workers return or invest in their native lands, said Frédéric Docquier, a lead researcher for the bank and an economist at the Catholic University of Louvain in Belgium.
"For a country with a third of its graduates missing, one has to worry," said Alan Winters, director of the World Bank's development research group.

From wiki

Pakistan
Since Pakistan began market economic reforms in the late 70s, many Pakistani began migrating to countries Western Europe, North America and Oceania. It is estimated that 30 percent of the 100,000 Pakistani students who study abroad annually return to Pakistan. The fact is there are many more job opportunities, higher standard of living and education opportunities for Pakistani living abroad, as a result Pakistan suffers severe brain drain. The Pakistani government is trying to lure back its foreign educated professionals by tweaking its salaries, housing and job incentives.

India
The UNDP estimates that India loses $2 billion a year because of the emigration of computer experts to the U.S.Indian students going abroad for their higher studies costs India a foreign exchange outflow of $10 billion annually.

There can be many other reason for the in-balance of the education spread and development spread. But as far as I can see these two are the main reasons. Merely the education will not help a country but it needs to be very effective. Otherwise it would generate people who just read newspapers! Development and education should be perfectly matched!

A step ahead or backward? implementing 17th Amendment!

2009-12-27T20:19:00.000+05:30

The 17th Amendment was passed in the parliament in 2001 and was practice only for few years. The purpose of bringing this amendment to the constitution was to eliminate the political interference to the national authorities which should stick independent. 17th Amendment suggested to centralize the control around independent commissions. This would address the fundamental problem of our constitution which is having all the government entities under political branches. However exercising this would be really challenging as this clearly discourages the political inference.

Following are the commissions suggested by the 17th amendment

The Constitutional Council
Public Service Commission.
Election Commission.
Constitution of the Judicial Service Commission
Constitution of the National Police Commission.
Human Rights Commission
Permanent Commission to Investigate Bribery and Corruption
Finance Commission
Delimitation Commission

From the looks of these commissions we can clearly identify the purpose of the amendment. The whole purpose of this is to let professionals to govern the country and let parliament to stick on policy control and development activities. Currently what happens is, even the transfer of a policeman is decided by a politician rather than them involving in policy matters of the country. With the current structure of the government it does not look like this country is never going to developed. Political should involve in national policies and development missions rather than just spending public money. In fact this is due to the fundamental mistake of our constitution, which is, keeping the authority of public sector under politicians.

Releasing the control of these national entities would certainly address the above problems. Specially eliminating the political interference. According to the above video all most all the public sectors are now influenced by the politicians. Most of the public officials serve politicians rather than serving the people of the country. The common fact is that top government posts do get changed with each new government. This is not merely related to one party but all the parties. In fact we should expect that to be happen with the current structure. Therefore a drastic change needed for the country in order to make sure the well being of people.

Then why this has not been practicing yet actively though many people would stand with these changes? The common answer is the fear to loose the control!! but HE Mahinda Rajapakse says like this:Source: Click here

"Close on theheels of the UNP-led Opposition reiterating its long standing call for the implementation of the 17th Amendment to the Constitution, President Mahinda Rajapaksa last Thursday (Nov 26) explained why he did not believe in paving the way for the Constitutional Council which would be responsible for setting up of relevant independent commissions, including one in charge of elections.

The 17th Amendment to the Constitution envisages establishment of the Constitutional Council which will in turn appoint independent commissions to run the public service, judiciary, elections department, police and bribery department.

Responding to a query raised at a Temple Trees meeting with the media, the President said that the proposed Constitutional Council could never be independent therefore it would not serve the purpose. He pointed out the absurdity in the expectation that the 17 Amendment would be panacea for Sri Lanka’s ills by way of having independent commissions.

A smiling President asked how persons appointed by government and Opposition politicians could be considered independent and went on a name a judge proposed to the CC though he was involved in politics.

This had happened during the then President Chandrika Kumaratunga’s tenure.

He said that it was a joke to expect nominees of political parties to adopt a bipartisan approach due to their loyalty to various political parties. He asserted that the very basis of the 17th Amendment was wrong and that Constitutional Amendments should not be introduced in an ad-hoc way.

The President’s remarks were the first clear indication that the 17th Amendment would not be implemented without drastic overhaul as long as the UPFA remained in power.

He declared that he had faith in Elections Commissioner Dayananda Dissanayake who unlike any other public servant did not even cast his vote.

Lalith Weeratunga, Secretary to the President, Defence Secretary Gotabhaya Rajapaksa and Ministers Dallas Alahapperuma and Anura Priyadarshana Yapa joined the President who pledged to conduct free and fair elections though an independent election commission was not a reality.

President Rajapaksa also said that even the procedures to appoint members to the CC except ex-officio ones left much to be desired."

In fact how we believe on a person who has been appointed by the government and the parliament. This could be a problematic area. But I would say it would be much better than the current system whether politics has become a business rather than a profession. If this system has issues then we can go for further changes by issuing another Amendment!!

Below given is the SEVENTEENTH AMENDMENT!!

SEVENTEENTH AMENDMENT TO THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

[Certified on 3rd October, 2001]

L. D. - O. 47/2001.

AN ACT TO AMEND THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-

Short title.

1. This Act may be cited as the Seventeenth Amendment to the Constitution.

Insertion of Chapter VIIA in the Constitution of the Democratic Socialist Republic of Sri Lanka.

2. The Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the "Constitution") is hereby amended by the insertion immediately after Article 41 of the Constitution of the following new Chapter, which shall have effect as Chapter VIIA of the Constitution :-

'CHAPTER VIIA

THE CONSTITUTIONAL COUNCIL

Constitution of the Constitutional Council.

41A. (1) There shall be a Constitutional Council (in this Chapter referred to as the “Council”) which shall consist of the following members :-

(a)     the Prime Minister ;

(b)     the Speaker ;

(c)     the Leader of the Opposition in Parliament ;

(d)    one person appointed by the President ;

(e) five persons appointed by the President, on the nomination of both the Prime Minister, the Leader of the Opposition;

(f)   one person nominated upon agreement by the majority of the Members of Parliament belonging to political parties or independent groups other than the respective political parties or independent groups to which the Prime Minister and the Leader of the Opposition belongs and appointed by the President.

(2) The Speaker shall be the Chairman of the Council.

(3) In nominating the five persons referred to in subparagraph (e) of paragraph (1) of this Article, the Prime Minister and the Leader of the Opposition shall consult the leaders of the political parties and independent groups represented in Parliament. Three of such persons shall, in consultation with the Members of Parliament who belong to the respective minority communities, be nominated to represent minority interests.

(4) The persons to be appointed or nominated as the case may be, under sub-paragraphs (d), (e) and (f) of paragraph (1) of this Article, shall be persons of eminence and integrity who have distinguished themselves in public life and who are not members of any political party.

(5) The President shall upon receipt of a written communication of the nominations under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of this Article, forthwith, make the respective appointments.

(6) (a) On the dissolution of Parliament, notwithstanding the provisions of paragraph (2) of Article 64 of the Constitution, the Speaker shall continue to hold office as a member of the Council, until a Member of Parliament is elected to be the Speaker under paragraph (1) of the aforesaid Article ;

(b) Notwithstanding the dissolution of Parliament, the Leader of the Opposition shall continue to hold office as a member of the Council, until such time after a General Election following such dissolution, a Member of Parliament is recognised as the Leader of the Opposition in Parliament.

(7) Every member of the Council appointed under sub-paragraph (e) and sub-paragraph (f) of paragraph (1) of this Article, shall hold office for a period of three years from the date of appointment as such member, unless he earlier resigns his office by writing addressed to the President, or is removed from office by the President on both the Prime Minister and the Leader of the Opposition forming an opinion that such member is physically or mentally incapacitated and is unable to function further in office, or is convicted by a court of law for any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 of the Constitution or is deemed to have vacated his office under paragraph (7) of Article 41E.

(8) In the event of there being a vacancy among the members appointed under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of this Article, the President shall, within two weeks of the occurrence of such vacancy and having regard to the provisions of the aforementioned sub-paragraphs, appoint another person to succeed such member. Any person so appointed, shall hold office during the unexpired part of the period of office of the member whom he succeeds.

(9) The member, appointed under sub-paragraph (d) of paragraph (1) of this Article shall, unless earlier removed from office by the President, hold office for a period of three years.

(10) A Member appointed under sub-paragraph (e) or sub-paragraph (f) of paragraph (1) of this Article, shall not be eligible for re-appointment under those sub-paragraphs.

(11) The appointments made by the President under sub-paragraph (d), sub-paragraph (e) and sub-paragraph (f) of paragraph (1) of this Article shall be communicated to the Speaker.

Council to recommend appointments.

41B. (1) No person shall be appointed by the President as the Chairman or a member of any of the Commissions specified in the Schedule to this Article, except on a recommendation of the Council.

(2) The provisions of paragraph (1) of this Article shall apply in respect of any person appointed to act as the Chairman or a member of any such Commission.

(3) It shall be the duty of the Council to recommend to the President persons for appointment as Chairmen or members of the Commissions specified in the Schedule to this Article, whenever the, occasion for such appointment arises, and such recommendations shall reflect the different ethnic groups.

(4) No person appointed under paragraph (1) of this Article or a person appointed to act as the Chairman or a member of any such Commission shall be removed except as provided for in the Constitution or in any law, and where no such provision is made, such person shall be removed by the President only with the prior approval of the Council.

SCHEDULE

(a)     The Election Commission.

(b)     The Public Service Commission.

(c)     The National Police Commission.

(d)     The Human Rights Commission of Sri Lanka.

(e)     The Permanent Commission to Investigate Allegations of Bribery or   Corruption.

(f)      The Finance Commission.

(g)     The Delimitation Commission.

Council to approve appointments.

41C. (1) No person shall be appointed by the President to any of the Offices specified in the Schedule to this Article, unless such appointment has been approved by the Council upon a recommendation made to the Council by the President.

(2) The provisions of paragraph (1) of this Article shall apply in respect of any person appointed to act for a period exceeding fourteen days in any office specified in the Schedule to this Article.

(3) No person appointed to any Office specified in the Schedule to this Article or to act in any such Office, shall be removed from such Office except as provided for in the Constitution or in any law.

(4) In the discharge of its functions relating to the appointment of Judges of the Supreme Court and the President and Judges of the Court of Appeal, the Council may obtain the views of the Chief Justice and the Attorney-General.

SCHEDULE

PART I

      (a)     The Chief Justice and the Judges of the Supreme Court.

(b)     The President and the Judges of the Court of Appeal.

(c)     The Members of the Judicial Service Commission other than the Chairman.

PART II

(a)     The Attorney-General.

(b)     The Auditor-General.

(c)     The Inspector-General of Police.

(d)     The Parliamentary Commissioner for Administration (Ombudsman).

(e)     The Secretary-General of Parliament.

Secretary and other officers of the Council.

41D. (1) There shall be a Secretary to the Council who shall be appointed by the Council.

(2) The Council may appoint such officers as it considers necessary for the discharge of its functions, on such terms and conditions as shall be determined by the Council.

Meetings of the Council.

41E. (1) The Council shall meet as often as may be necessary to discharge the functions assigned to the Council by the provisions of this Chapter or by any other law, and such meetings shall be summoned by the Secretary to the Council in the direction of the Chairman of the Council.

(2) The Chairman shall preside at all meetings of the Council, and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition shall preside at the meetings of the Council. Where the Chairman, the Prime Minister and the Leader of the Opposition are all absent from any such meeting, the members present shall elect a member from among themselves to preside at such meeting.

(3) The quorum for any meeting of the Council shall be six members.

(4) The Council shall endeavour to make every recommendation, approval or decision it is required to make by unanimous decision, and in the absence of an unanimous decision, no recommendation, approval or decision made shall be valid, unless supported by not less than five members of the Council present at such meeting.

(5) The Chairman shall not have an original vote, but in the event of an equality of votes on any question for decision at any meeting of the Council, the Chairman or other member presiding at such meeting, shall have a casting vote.

(6) The procedure in regard to meetings of the Council and the transaction of business at such meetings shall be determined by the Council, including procedures to be followed in regard to the recommendation or approval of persons suitable for any appointment under Article 41B or Article 41C.

(7) Any member of the Council appointed under sub-paragraph (e) of paragraph (1) of Article 41A, who without obtaining prior leave of the Council absents himself from two consecutive meetings of the Council, shall be deemed to have vacated office with effect from the date of the second of such meetings.

Council to perform other duties.

41F. The Council shall perform and discharge such other duties and functions as may be imposed or assigned to the Council by the Constitution, or by any other law.

Expenses to be charged on the Consolidated Fund.

41G. The expenses incurred by the Council shall be charged on the Consolidated Fund.

Finality of decisions of the Council.

41H. Subject to the provisions of paragraphs (1), (2), (4), and (5) of Article 126, no court shall have the power or jurisdiction to entertain, hear or decide or call in question on any ground whatsoever, or in a any manner whatsoever, any decision of the Council or any approval or recommendation made by the Council, which decision, recommendation or approval shall be final and conclusive for all purposes.'.

Amendment of Article 52 of the Constitution.

3. Article 52 of the Constitution is hereby amended by the repeal of paragraph (7) of that Article, and the substitution therefor of the following paragraph :-

"(7) For the purposes of this Article -

(a)     the Office of the Secretary-General of Parliament, the Office of the Parliamentary Commissioner for Administration (Ombudsman), the Constitutional Council, the Public Service Commission, the Election Commission, the National Police Commission and the Office of the Secretary to the Cabinet of Ministers; and

(b)     the Department of the Auditor-General,

shall be deemed not to be departments of Government.".

Replacement of Chapter IX of the Constitution.

4. Chapter IX of the Constitution is hereby replaced and the following Chapter substituted therefor :-

'CHAPTER IX - THE EXECUTIVE

The Public Service

Public Service Commission.

54. (I) There shall be a Public Service Commission (in this Chapter referred to as the “Commission") which shall consist of nine members appointed by the President on the recommendation of the Constitutional Council, of whom not less than three members shall be persons who have had over fifteen years experience as a public officer. The President on the recommendation of the Constitutional Council shall appoint one member as its Chairman.

(2) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Council or a local authority.

(3) Every person who immediately before his appointment as a member of the Commission was a public officer in the service of the State or a judicial officer, shall, upon such appointment taking effect cease to hold such office and shall be ineligible for further appointment as a public officer or a judicial officer:

Provided that any such person shall, until he ceases to be a member of the Public Service Commission, or while continuing to be a member, attains the age at which he would, if he were a public officer or a judicial officer, as the case may be, be required to retire, be deemed to be a public officer or a judicial officer and to hold a pensionable office in the service of the State, for the purpose of any provision relating to the grant of pensions, gratuities and other allowances in respect of such service.

(4) Every member of the Commission shall hold office for a period of three years from the date of his appointment, unless he becomes subject to any disqualification under paragraph (2) of this Article or earlier resigns from his office by writing addressed to the President or is removed from office by the President on the recommendation of the Constitutional Council or is convicted by a court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (5) of this Article.

(5) A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the Commission for more than two terms.

(6) A member of the Commission who without obtaining prior leave of the Commission absents himself from three consecutive meetings of the Commission, shall be deemed to have vacated office with effect from the date of the third of such meetings, and shall not be eligible thereafter to be reappointed as a member of the Commission.

(7) The President may grant a member leave from the performance of his duties relating to the Commission for a period not exceeding two months and shall for the duration of such period on the recommendation of the Constitutional Council, appoint a person qualified to be a member of the Commission to be a temporary member for the period of such leave.

(8) A member of the Commission shall be paid such emoluments as may be determined by Parliament. The emoluments paid to a member of the Commission shall be charged on the Consolidated Fund and shall not be diminished during the term of office of such member.

(9) The Commission shall have the power to act notwithstanding any vacancy in its membership, and no act, proceeding or decision of the Commission shall be or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

(10) There shall be a Secretary to the Commission who shall be appointed by the Commission.

(11) The members of the Commission shall be deemed to be public servants, within the meaning and for the purposes of Chapter IX of the Penal Code.

Powers and Functions of Cabinet of Ministers and of the Commission.

55. (1) The appointment, promotion, transfer, functions of disciplinary control and dismissal of public officers shall be vested in the Commission.

(2) The Commission shall not derogate from the functions and powers of the Provincial Public Service Commissions established by law.

(3) Notwithstanding the provisions of paragraph (1) of this Article, the appointment, promotion, transfer, disciplinary control and dismissal of all Heads of Departments shall vest in the Cabinet of Ministers, who shall exercise such powers after ascertaining the views of the Commission.

(4) Subject to the provisions of the Constitution, the Cabinet of Ministers shall provide for and determine all matters of policy relating to public officers.

(5) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise and discharge of its powers and functions, and shall forward to Parliament in each calendar year, a report of its activities for such year.

Committees of the Commission.

56. (1) The Commission may delegate to a Committee consisting or three persons (not being members of the Commission) appointed by the Commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of public officers as are specified by the Commission.

(2) The Commission shall cause the appointment, of any such Committee to be published in the Gazette.

(3) The procedure and quorum for meetings of any such Committee shall be as determined by the Commission by rules made in that behalf. The Commission shall cause such rules to be published in the Gazette.

(4) There shall be a Secretary to each Committee, who shall be appointed by the Commission.

Delegation of powers to a public officer.

57. (1) The Commission may delegate to a f Powers to public officer, subject to such conditions and procedure as may be determined by the Commission, its powers of appointment, promotion, transfer, disciplinary control and dismissal of such category of public officers as are specified by the Commission.

(2) The Commission shall cause any such delegation to be published in the Gazette, including the conditions and procedure determined by the Commission for such purpose.

Right of Appeal.

58. (1) Any public officer aggrieved by an order relating to a promotion, transfer, dismissal or an order on a disciplinary matter made by a Committee or any public officer under Article 56 or Article 57, in respect of the officer so aggrieved, may appeal to the Commission against such order in accordance with such rules made by the Commission from time to time, relating to the procedure to be followed in the making, hearing and determination of an appeal made to the Commission and the period fixed within which an appeal should he heard and concluded.

(2) The Commission shall have the power upon such appeal to alter, vary, rescind or confirm an order against which an appeal is made, or to give directions in relation thereto, or to order such further or other inquiry as to the Commission shall seem fit.

(3) The Commission shall cause to be published in the Gazette the rules made by it under paragraph (1) of this Article.

Administrative Appeals Tribunal.

59. (1) There shall be an Administrative Appeals Tribunal appointed by the Judicial Service Commission.

(2) The Administrative Appeals Tribunal shall have the power to alter, vary or rescind any order or decision made by the Commission.

(3) The constitution, powers and procedure of such Tribunal, including the time limits for the preferring of appeals, shall be provided for by law.

Commission not to exercise power where there is delegation.

60. Upon delegation of any of its powers to a Committee or a public officer appointed under Article 56 or Article 57 as the case may be, the Commission shall not, while such delegation is in force, exercise or perform its functions or duties in regard to the categories of public officers in respect of which such delegation is made, subject to the provisions contained in paragraphs (1) and (2) of Article 58.

Procedure at meetings.

61. (1) The quorum for a meeting of the Commission shall be five members.

(2) All decisions of the Commission shall be made by a majority of votes of the members present at the meeting. In the event of an equality of votes, the member presiding at the meeting shall have a casting vote.

(3) The Chairman of the Commission shall preside at all meetings of the Commission, and in his absence, a member elected by the members present from amongst themselves, shall preside at such meeting.

Immunity from legal proceedings.

61A. Subject to the provisions of paragraphs (1), (2), (3), (4) and (5) of Article 126, no court or tribunal shall have power or jurisdiction to inquire into or pronounce upon or in any manner call in question any order or decision made by the Commission, a Committee, or any public officer, in pursuance of any power or duty conferred or imposed on such Commission, or delegated to a Committee or public officer, under this Chapter or under any other law.

Savings of rules and regulations in force.

61B. Until the Commission otherwise provides, all rules, regulations and procedures relating to the public service as are in force on the date of the coming into operation of this Chapter, shall, mutatis mutandis, be deemed to continue in force as rules, regulations and procedures relating to the public service, as if they had been made or provided for under this Chapter.

Interference with the Commission.

61C. (1) Every person who, otherwise than in the course of such person's lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with any decision of the Commission, or a Committee or a public officer to whom the Commission has delegated any power under this Chapter, or to so influence any member of the Commission or a Committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.

(2) Every High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1) of this Article.

Oath or affirmation of office.

61D. A person appointed to any office referred to in this Chapter 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 to the Constitution.

Appointments by the President.

61E. The President shall appoint -

(a) the Heads of the Army, the Navy and the Air Force; and

(b) subject to the provisions of Article 41C, the Attorney General and the Inspector General of Police.

Interpretation.

61F. For the purposes of this Chapter "public officer" does not include a member of the Army, Navy, or Air Force, an officer of the Election Commission appointed by such Commission, a police officer appointed by the National Police Commission or a scheduled public officer appointed by the Judicial Service Commission.’.

Amendment of Article 65 of the Constitution.

5. Article 65 of the Constitution is hereby amended as follows :-

(1) in paragraph (1) of that Article, by the substitution for the words "shall be appointed by the President", of the words "shall, subject to the provisions of Article 41C, be appointed by the President " ; and

(2) in paragraph (6) of that Article, by the substitution for the words "President may appoint a person", of the words "President may, subject to the provisions of Article 41C, appoint a person".

Amendment of Article 89 of the Constitution.

6. Article 89 of the Constitution is hereby amended in paragraph (j) of that Article, by the substitution for the words and figures “Article 116"of the words and figures "Article 116 or Article 111C, as the case may be”.

Amendment of Article 91 of the Constitution.

7. Article 91 of the Constitution is hereby amended in paragraph (1) thereof, as follows :-

(1) by the insertion immediately after sub-paragraph (d)(iv) of that paragraph, of the following new sub-paragraph :-

"(iva) a member of a Provincial Public Service Commission,"

(2) by the substitution for subparagraph (d)(v) of that paragraph, of the following sub-paragraph :-

“(v) the Commissioner-General of Elections,";

(3) by the insertion immediately after sub-paragraph (d)(v) of that paragraph, of the following new sub-paragraphs :-

"(va) a member of the Election Commission,

(vb) a member of the Constitutional Council,

(vc) a member of the National Police Commission," ; and

(4) by the insertion immediately after sub-paragraph (d)(viiia) of that paragraph, of the following new sub-paragraph :-

"(viiia) an officer of a Provincial Public Service holding any office created after February 01,1988, the initial of the salary scale of which is, on the date of the creation of that office, not less than such amount as determined by resolution of Parliament, or such other amount per annum as would, under any subsequent revision of such salary scales, correspond to such initial,".

Repeal of Articles 103 and 104 of the Constitution.

8. Article 103 and Article 104 of the Constitution are hereby repealed.

Insertion of Chapter XIVA in the Constitution.

9. The following new Chapter is hereby inserted immediately after Article 102 of the Constitution and shall have effect as Chapter XIVA of the Constitution :-

'CHAPTER XIVA - ELECTION COMMISSION

Election Commission.

103. (1) There shall be an Election Commission (in this Chapter referred to as the "Commission") consisting of five members appointed by the President on the recommendation of the Constitutional Council, from amongst persons who have distinguished themselves in any profession or in the fields of administration or education. The President shall on the recommendation of the Constitutional Council, appoint one member as its Chairman.

(2) The object of the Commission shall be to conduct free and fair elections and Referenda.

(3) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Council or a local authority, or is or appointed a judicial officer or public officer, or is or enters into the employment of the State in any capacity whatsoever.

(4) The provisions of the Constitution and any other law relating to the removal of judges of the Supreme Court and the Court of Appeal from office shall, mutatis mutandis, apply to the removal of a member of the Commission from office.

(5) A member of the Commission who without obtaining prior leave of the Commission, absents from three consecutive meetings of the Commission, shall be deemed to have vacated office with effect from the date of the third of such meetings.

(6) A member of the Commission shall hold office for a period of five years from the date of appointment, unless he becomes subject to any disqualification under paragraph (3) of this Article or earlier resigns from office by writing addressed to the President or is removed from office under paragraph (4) of this Article, or is convicted by a court of law of any offence involving moral turpitude, or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated office under paragraph (5) of this Article.

(7) The President may grant a member leave from the performance of his duties relating to the Commission for a period not exceeding two months and may appoint a person qualified to be a member of the Commission to be a temporary member for the period of such leave. Every such appointment shall be made on the recommendation of the Constitutional Council.

(8) A member of the Commission shall be paid such emoluments as may be determined by Parliament. The emoluments paid to a member of the Commission shall be charged on the Consolidated Fund and shall not be diminished during the term of office of the member.

(9) All members of the Commission shall be deemed to be public servants within the meaning and for the purposes of Chapter IX of the Penal Code.

Meetings of the Commission.

104. (1) The quorum for any meeting of the Commission shall be three members.

(2) (a) The Chairman of the Commission shall preside at all meetings of the Commission and, in the absence of the Chairman from any meeting of the Commission, a member elected by the members present from amongst themselves shall preside at such meeting.

(b) Decisions of the Commission shall be by a majority of the members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes, the Chairman or the member presiding at the meeting shall have a casting vote.

(3) The Commission shall have power to act notwithstanding any vacancy in the membership of the Commission, and no act or proceeding or decision of the Commission shall be invalid or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

Finality of decisions and immunity from suit.

104A. Subject to the jurisdiction conferred on the Supreme Court under paragraph (1) of Article 126, Article 104H and Article 130, and on the Court of Appeal by Article 144, and the jurisdiction conferred on any court by any law to hear and determine election petitions or Referendum petitions,-

(a) no court shall have the power or jurisdiction to entertain or hear or decide or call in question on any ground and in any manner whatsoever, any decision, direction or act of the Commission, made or done or purported to have been made or done under the Constitution or under any law relating to the holding of an election or the conduct of a Referandum as the case may be, which decisions, directions or acts shall be final and conclusive; and

(b) no suit or prosecution or other proceeding shall lie against any member or officer of the Commission for any act or thing which in good faith is done or purported to be done by him in the performance of his duties or the discharge of his functions under the Constitution or under any law relating to the holding of an election or the conduct of a Referandum as the case may be.

Powers, functions and duties of the Commission.

104B. (1) The Commission shall exercise, perform and discharge all such powers, duties and functions conferred or imposed on or assigned to-

(a) the Commission; or

(b) the Commissioner-General of Elections,

by the Constitution, and by the law for the time being relating to the election of the President, the election of Members of Parliament, the election of members of Provincial Councils, the election of members of local authorities and the conduct of Referenda, including but not limited to all the powers, duties and functions relating to the preparation and revision of registers of electors for the purposes of such elections and Referenda and the conduct of such elections and Referenda.

(2) It shall be the duty of the Commission to secure the enforcement of all laws relating to the holding of any such election or the conduct of Referenda, and it shall be the duty of all authorities of the State charged with the enforcement of such laws, to co-operate with the Commission to secure such enforcement.

(3) The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise, performance and discharge of its powers, duties and functions, and shall forward to Parliament for each calendar year a report of its activities for such year.

(4) (a) The Commission shall have the power during the period of an election, to prohibit the use of any movable or immovable property belonging to the State or any public corporation -

(i)            for the purpose of promoting or preventing the election of any candidate or any political party or independent group contesting at such election ;

(ii)           by any candidate or any political party or any independent group contesting at such election.

by a direction in writing by the Chairman of the Commission or of the Commissioner-General of Elections on the instruction of the Commission.

(b) It shall be the duty of every person or officer in whose custody or under whose control such property is for the time being, to comply with and give effect to such direction.

(5) (a) The Commission shall have the power to issue from time to time, in respect of the holding of any election or the conduct of a Referendum, such guidelines as the Commission may consider appropriate to any broadcasting or telecasting operator or any proprietor or publisher of a newspaper as the case may be, as the Commission may consider necessary to ensure a free and fair election.

(b) It shall be the duty of the Chairman of the Sri Lanka Broadcasting Corporation and the Chairman of the Sri Lanka Rupavahini Corporation, to take all necessary steps to ensure compliance with any guidelines as are issued to them under sub-paragraph (a).

(c) Where the Sri Lanka Broadcasting Corporation and the Sri Lanka Rupavahini Corporation as the case may be, contravenes any guidelines issued by the Commission under sub-paragraph (a), the Commission may appoint a Competent Authority by name or by office, who shall, with effect from the date of such appointment, take over the management of such Broadcasting Corporation or Rupavahini Corporation as the case may be, in respect of all political broadcasts or any other broadcast, which in the opinion of the Commission impinge on the election, until the conclusion of the election and the Sri Lanka Broadcasting Corporation and the Sri Lanka Rupavahini Corporation, shall not, during such period, discharge any function connected with or relating to such management which is taken over by the Competent Authority.

(d) Parliament may by law provide for the powers and functions of the Competent Authority appointed under subparagraph (c).

Deployment of Police by the Commission.

104C. (1) Upon the making of an Order for the holding of an election or the making of a Proclamation requiring the conduct of a Referendum, as the case may be, the Commission shall notify the Inspector-General of Police of the facilities and the number of police officers required by the Commission for the holding or conduct of such election or Referendum, as the case may be.

(2) The Inspector-General of Police shall make available to the Commission the facilities and police officers specified in any notification made under paragraph (1) of this Article.

(3) The Commission may deploy the police officers and facilities made available to the Commission in such manner as is calculated to promote the conduct of a free and fair election or Referendum, as the case may be.

(4) Every police officer made available to the Commission under paragraph (2) of this Article, shall be responsible to and act under the direction and control of the Commission during the period of an election.

(5) No suit, prosecution or other proceeding, shall lie against any police officer made available to the Commission under this Article for any lawful act or thing in good faith done by such police officer, in pursuance of a direction of the Commission or his functioning under the Commission.

Deployment of Armed Forces.

104D. It shall be lawful for the Commission, upon the making of an Order for the holding of an election or the making of a Proclamation requiring, the conduct of a Referendum, as the case may be, to make recommendations to the President regarding the deployment of the armed forces of the Republic for the prevention or control of any actions or incidents which may be prejudicial to the holding or conducting of a free and fair election or Referendum, as the case may be.

Commissioner-General of Elections and other officers of the Commission.

104E. (1) There shall be a Commissioner-General of Elections who shall, subject to the approval of the Constitutional Council, be appointed by the Commission on such terms and conditions as shall be determined by the Commission.

(2) The Commissioner-General of Elections shall be entitled to be present at meetings of the Commission, except where any matter relating to him is being considered by the Commission. He shall have no right to vote at such meetings.

(3) The Commission may appoint such other officers to the Commission on such terms and conditions as may be determined by the Commission.

(4) The salaries of the Commissioner-General of Elections and the other officers of the Commission, shall be determined by the Commission and shall be charged on the Consolidated Fund.

(5) The Commissioner-General of Elections shall, subject to the direction and control of the Commission, implement the decisions of the Commission and exercise supervision over the officers of the Commission.

(6) The Commission may delegate to the Commissioner-General of Elections or other officer of the Commission, any power, duty or function of' the Commission, and the Commissioner-General of Elections or such officer shall exercise, perform and discharge such power, duty or function, subject to the direction and control of the Commission.

(7) The office of the Commissioner-General of Elections shall become vacant-

(a) upon his death ;

(b) on his resignation in writing addressed to the Commission ;

(c) on his attaining the age of sixty five years ;

(d) on his removal by the Commission on account of ill health or physical or mental infirmity ; or

(e) on his removal by the Commission on the presentation of an address of Parliament in compliance with the provisions of paragraph (8), for such removal on the ground of proved misbehaviour or incapacity.

(8) (a) The address referred to in sub-paragraph (e) of paragraph (7) of this Article shall be required to be supported by a majority of the total number of Members of Parliament (including those not present) and no resolution for the presentation of such an address shall be entertained by the Speaker or placed on the Order Paper of Parliament, unless notice of such resolution is signed by not less than one-third of the total number of Members of parliament and sets out full particulars of the alleged misbehaviour or incapacity

(b) Parliament shall by law or by Standing Orders, provide for all matters relating to the presentation of such an address, including the procedure for the passing of such resolution, the investigation and proof of the alleged misbehaviour or incapacity and the right of the Commissioner-General of Elections to appear and to be heard in person or by representatives.

Returning Officers.

104F. (1) The Commission shall from time to time by notice published in the Gazette appoint by name or by office a person to be a Returning Officer to each electoral district, and may appoint by name or by office one or more persons to assist the Returning Officer in the performance of his duties.

(2) Every Officer appointed under paragraph (1) shall in the performance and discharge of such duties and functions as are assigned to him, be subject to such directions as may be issued by the Commission and shall be responsible and answerable to the Commission therefor.

Public officers.

104G. All public officers performing duties and functions at any election or Referenda shall act in the performance and discharge of such duties and functions under the directions of the Commission, and shall be responsible and answerable to the Commission therefor.

Power of Supreme Court to issue writs.

104H. (1) The jurisdiction conferred on the Court of Appeal under Article 140 of the Constitution shall, in relation to any matter that may arise in the exercise by the Commission of the powers conferred on it by the Constitution or by any other law, be exercised by the Supreme Court.

(2) Every application invoking the jurisdiction referred to in paragraph (1), shall be made within one month of the date of the commission of the act to which the application relates. The Supreme Court shall hear and finally dispose of the application within two months of the filing of the same.

Interpretation.

104J. In this Chapter “during the period of an election" shall mean the period commencing on the making of a Proclamation or Order for the conduct of a Referendum or for the holding of an election, as the case may be, and ending on the date on which the result of poll taken at such Referendum or election, as the case may be, is declared.’.

Amendment of Article 107 of the Constitution.

10. Article 107of the Constitution is hereby amended in paragraph (1) of that Article, by the substitution for the words "shall be appointed by the President of the Republic by warrant under his hand.", of the words "shall, subject to the provisions of Article 41C, be appointed by the President by warrant under his hand.”.

Amendment of Article 109 of the Constitution.

11. Article 107 of the Constitution is hereby amended as follows :-

(1) in paragraph (1) of that Article, by the substitution for the words “the President shall appoint", of the words “the President shall, subject to the provisions of Article 41C, appoint” ; and

(2) in paragraph (2) of that Article, by the substitution for the words “the President may appoint", of the words “the President may, subject to the provisions of Article 41C, appoint”.

Amendment of Article 111 of the Constitution.

12. Article 111 of the Constitution is hereby amended as follows :-

(1) by the repeal of paragraph (2) of that Article and the substitution therefore of the following paragraph :-

"(2) The Judges of the High Court shall –

(a)  on the recommendation of the Judicial Service Commission, be appointed by the President by warrant under his hand and such recommendation shall be made after consultation with the Attorney-General ;

(b)  be removable and be subject to the disciplinary control of the President on the recommendation of the Judicial Service Commission.” ; and

(2) by the addition immediately after paragraph (3) of that Article, of the following new paragraph :-

"(4) Any Judge of the High Court may resign his office by writing under his hand addressed to the President.".

Amendment the Article 111A of the Constitution.

13. Article 111A of the Constitution is hereby amended in paragraph (1) of that Article, by the substitution for the words "the President may, by warrant, appoint" of the words "the President may, on the recommendation of the Judicial Service Commission, by warrant, appoint ".

Insertion of new Article 111B of the Constitution.

14. The following Article is hereby inserted immediately after Article 111A of the Constitution, and shall have effect as Article 111B of the Constitution :-

"Fiscal for the whole island.

111B. There shall be a Fiscal, who shall be the Fiscal for the whole Island and who shall exercise supervision and control over Deputy Fiscals attached to all Courts of First Instance.".

Re-numbering of Article 116 of the Constitution as Article 111C.

15. Article 116 of the Constitution is hereby re-numbered as Article 111C of the Constitution.

Insertion of Chapter XVA in the Constitution.

16. The following new Chapter is hereby inserted immediately after Article 111C of the Constitution, and shall have effect as Chapter XVA of the Constitution :-

'CHAPTER XVA - JUDICIAL SERVICE COMMISSION

Constitution of the Judicial Service Commission

111D. (1) There shall be a Judicial Service Commission (in this Chapter referred to as the "Commission") consisting of the Chief Justice and two other Judges of the Supreme Court appointed by the President, subject to the provisions of Article 41C.

(2) The Chief Justice shall be the Chairman of the Commission.

Meetings of the Commission.

111E. (1) The quorum for any meeting of the Commission shall be two members of the Commission.

(2) A Judge of the Supreme Court appointed as a member of the Commission shall, unless he earlier resigns his office or is removed therefrom as hereinafter provided or ceases to be a Judge of the Supreme Court, hold office for a period of three years from the date of his appointment, but shall be eligible for re-appointment.

(3) All decisions of the Commission shall be made by a majority of the members present, and in the event of an equality of votes, the Chairman of the meeting shall have a casting vote.

(4) The Commission shall have power to act notwithstanding any vacancy in its membership and no act or proceeding of the Commission shall be, or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

(5) The President may grant to any member of the Commission leave from his duties and may appoint on the recommendation of the Constitutional Council, a person qualified to be a member of the Commission to be a temporary member for the period of such leave.

(6) The President may, on the recommendation of the Constitutional Council, for cause assigned, remove from office any member of the Commission.

Allowances of members of the Commission

111F. A member of the Commission shall be paid such allowances as may be determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be reduced during the period of office of a member, and shall be in addition to the salary and other allowances attached to, and received from, the substantive appointment:

Provided that until the amount to be paid as allowances is determined under the provisions of this Article, the members of the Commission shall continue to receive as allowances, such amount as they were receiving on the day immediately preceding the date on which this Chapter comes into operation.

Secretary to the Commission.

111G. There shall be a Secretary to the Commission who shall be appointed by Commission from among senior judicial officers of the Courts of First Instance.

Powers of the Commission.

111H. (1) The Judicial Service Commission is hereby vested with the power to-

(a) transfer judges of the High Court ;

(b) appoint, promote, transfer, exercise disciplinary control and dismiss judicial officers and scheduled public officers.

(2) The Commission may make -

(a) rules regarding training of Judges of the High Court, the schemes for recruitment and training, appointment, promotion and transfer of judicial offices and scheduled public officers;

(b) provision for such matters as are necessary or expedient for the exercise, performance and discharge of the powers, duties and functions of the Commission.

(3) The Chairman of the Commission or any Judge of the Supreme Court or Judge of the Court of Appeal as the case may be, authorized by the Commission shall have power and authority to inspect any Court of First Instance, or the records, registers and other documents maintained in such Court, or hold such inquiry as may be necessary.

(4) The Commission may by Order published in the Gazette delegate to the Secretary to the Commission the power to make transfers in respect of scheduled public officers, other than transfers involving increase of salary, or to make acting appointments in such cases and subject to such limitations as may be specified in the Order.

Judicial officers and scheduled public officers may resign.

111J. Any judicial officer or scheduled public officer may resign his office by writing under his hand addressed to the Chairman of the Commission.

Immunity from legal proceedings.

111K. No suit or proceeding shall lie against the Chairman, member or Secretary or officer of the Commission for any lawful act which in good faith is done in the performance of his duties or functions as such Chairman, member, Secretary, or officer of the Commission.

Interference with the Commission is an offence.

111L. (1) Every person who otherwise than in the course of such persons lawful duty, directly or indirectly, alone or by or with any other person, in any manner whatsoever, influences or attempts to influence any decision or order made by the Commission or to so influence any member thereof, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding three years or to both such fine and imprisonment:

Provided however that the giving of a certificate or testimonial to any applicant or candidate for any judicial office or scheduled public office shall not be an offence.

(2) Every High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to In paragraph (1).

Interpretation.

111M. (a) In this Chapter-

"appointment" includes the appointment to act in any office referred to in this Chapter.

"judicial officer" means any person who holds office as judge, presiding officer or member of any Court of First Instance, tribunal or institution created and established for the administration of justice or for the adjudication of any labour or other dispute, but does not include a Judge of the Supreme Court or of the Court of Appeal or of the High Court or a person who performs arbitral functions, or a public officer whose principal duty is not the performance of functions of a judicial nature; and

"scheduled public officer" means the Registrar of the Supreme Court, the Registrar of the Court of Appeal, the Registrar, Deputy Registrar or Assistant Registrar of the High Court or any Court of First Instance, the Fiscal, the Deputy Fiscal of the Court of Appeal or High Court and any Court of First Instance, any public officer employed in the Registry of the Supreme Court, Court of Appeal or High Court or any Court of First Instance included in a category specified in the Fifth Schedule or such other categories as may be specified by Order made by the Minister in charge of the subject of Justice and approved by Parliament and Published in the Gazette.

(b) No court, tribunal or institution shall have jurisdiction to entertain or to determine the question whether or not a person is a judicial Officer within the meaning Of the Constitution, but such question shall be determined solely by the Commission, whose decision thereon shall be final and conclusive.

(c) No act of such person or Proceeding held before such person, prior to such determination as is referred to in sub-paragraph (b), shall be deemed to be invalid by reason of such determination.’.

Repeal of Articles 112, 113, 113A, 114, 115 and 117 of the Constitution.

17. Articles 112, 113, 113A, 114, 115 and 117 of the Constitution are hereby repealed.

Amendment of Article 153 of the Constitution.

18. Article 153 of the Constitution is hereby amended the as follows :-

(1) in paragraph (1)of that Article, by the substitution for the words "shall be appointed by the President", of the words "shall, subject to the provisions of Article 41C, be appointed by the President"; and

(2) in paragraph (4)of that article, by the substitution for the words "the President may appoint", of the words "the President may, subject to the provisions of Article 41C, appoint".

Amendment of Article 154R of the Constitution.

19. Article 154R of the Constitution is hereby amended in sub-paragraph (c) of paragraph (1) of that Article, by the substitution for the words "three other members to represent", of the words "three other members who are appointed by the President on the recommendation of the Constitutional Council, to represent".

Insertion of new Chapter XVIIIA in the Constitution.

20. The following new Chapter is hereby inserted immediately after Article 155 of the Constitution and shall have effect as Chapter XVIIIA of the Constitution :-

"CHAPTER XVIIIA - NATIONAL POLICE COMMISSION

Constitution of the National Police Commission.

155A. (1) There shall be a National Police Commission (in this Chapter referred to as the "Commission") consisting of seven members appointed by the President on the recommendation of the Constitutional Council. The Constitutional Council may, in making its recommendation, consult the Public Service Commission. The President shall on the recommendation of the Constitutional Council appoint one member as the Chairman.

(2) No person shall be appointed as a member of the Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial Council or a local authority.

(3) Every person who immediately before his appointment as a member of the Commission, was a public officer in the service of the State or a judicial officer, shall upon such appointment taking effect, cease to hold such office, and shall be ineligible for further appointment as a public officer or a judicial officer:

Provided that any such person shall, until he ceases to be a member of the Commission, or while continuing to be a member, attains the age at which he would, if he were a public officer or a judicial officer, as the case may be, be required to retire, be deemed to be a public officer or a judicial officer and to hold a pensionable office in the service of the State, for the purpose of any provision relating to the grant of pensions, gratuities and other allowances in respect of such service.

(4) Every member of the Commission shall hold office for a period of three years from the date of his appointment, unless he becomes subject to any disqualification under paragraph (2) of this Article, or earlier resigns from his office by writing addressed to the President or is removed from office by the President on the recommendation of the Constitutional Council or is convicted by a Court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon him has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (6) of this Article.

(5) A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the Commission for more than two terms.

(6) In the event of the Chairman or a member of the Commission absenting himself from three consecutive meetings of the Commission without the prior leave of the Commission, he shall be deemed to have vacated his office from the date of the third of such meetings and shall not be eligible to be reappointed as a member or as a member or as Chairman of the Commission.

(7) The Chairman and members of the Commission shall be paid such allowances as are determined by Parliament. Such allowances shall be charged on the Consolidated Fund and shall not be diminished during the term of office of the Chairman or member.

(8) The Chairman and members of the Commission shall be deemed to be public servants within the meaning and for the purposes of Chapter IX of the Penal Code.

Meetings of the Commission.

155B. (1) The quorum for a meeting of the Commission shall be four members.

(2) The Chairman shall preside at all meetings of the Commission and in his absence a member elected by the members present from amongst the members shall preside at such meeting.

(3) Decisions of the Commission shall be by a majority of members present and voting at the meeting at which the decision is taken, and in the event of an equality of votes the Chairman or the person presiding shall have a casting vote.

(4) The Commission shall have power to act notwithstanding any vacancy in its membership, and any act or proceeding or decision of the Commission shall not be invalid or deemed to be invalid by reason only of such vacancy or any defect in the appointment of the Chairman or member.

Immunity from legal proceedings.

155C. (1) Subject to the jurisdiction conferred on the Supreme Court under paragraph (1) of Article 126, no court or tribunal shall have the power or jurisdiction to inquire into, or pronounce upon or in any manner call in question any order or decision made by the Commission or a Committee, in pursuance of any power or duty, conferred or imposed on such Commission or Committee under this Chapter or under any other law.

Secretary to the Commission.

155D. There shall be a Secretary to the Commission and such other officers appointed by the Commission on such terms and conditions as may be determined by the Commission.

Costs and Expenses.

155E. The costs and expenses of the Commission shall be a charge on the Consolidated Fund.

Interference with the Commission.

155F. (1) Every person who, otherwise than in the course of such person's lawful duty, directly or indirectly by himself or by or with any other person, in any manner whatsoever influences or attempts to influence or interferes with any decision of the Commission or a Committee, or to so influence any member of the Commission or a Committee, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one hundred thousand rupees or to imprisonment for a term not exceeding seven years, or to both such fine and imprisonment.

(2) A High Court established under Article 154P of the Constitution shall have jurisdiction to hear and determine any matter referred to in paragraph (1).

Powers of the Commission.

155G. (1) (a) The appointment, promotion, transfer, disciplinary control and dismissal of police officers other than the Inspector-General of Police, shall be vested in the Commission. The Commission shall exercise its powers of promotion, transfer, disciplinary control and dismissal in consultation with the Inspector General of Police.

(b) The Commission shall not in the exercise of its powers under this Article, derogate from the powers and functions assigned to the Provincial Police Service Commissions as and when such Commissions are established under Chapter XVIIA of the Constitution.

(2) The Commission shall establish procedures to entertain and investigate public complaints and complaints of any aggrieved person made against a police officer or the police service, and provide redress in accordance with the provisions of any law enacted by Parliament for such purpose.

(3) The Commission shall provide for and determine all matters regarding police officers, including the formulation of schemes of recruitment and training and the improvement of the efficiency and independence of the police service, the nature and type of the arms, ammunition and other equipment necessary for the use of the National Division and the Provincial Divisions, codes of conduct, and the standards to be followed in making promotions and transfers, as the Commission may from time to time consider necessary or fit.

(4) The Commission shall exercise all such powers and perform all such functions and duties as are vested in it under Appendix I of List I contained in the Ninth Schedule of the Constitution.

Committees of the Commission.

155H. (1) The Commission may delegate to a Committee (not consisting of members of the Commission) as shall be nominated by the Commission, the powers of appointment, promotion, transfer, disciplinary control and dismissal of such categories of police officers as are specified by the Commission.

(2) The Commission shall cause to be published in the Gazette the appointment of any such Committee.

(3) The procedure and quorum for meetings of such a Committee shall be according to rules made by the Commission. The Commission shall cause such rules to be published in the Gazette.

Delegation of functions by the Commission.

155J. (1) The Commission may, subject to such conditions and procedures as may be prescribed by the Commission, delegate to the Inspector-General of Police or in consultation with the Inspector-General of Police to any Police Officer, its powers of appointment, promotion, transfer, disciplinary control and dismissal of any category of police officer.

(2) The Commission shall cause any such delegation to be published in the Gazette.

Right of appeal.

155K. (1) A police officer aggrieved by any order relating to promotion, transfer or any order on a disciplinary matter or dismissal made by the Inspector-General of Police or a Committee or Police Officer referred to in Article 155H and 155J in respect of himself, may appeal to the Commission against such order in accordance with rules made by the Commission from time to time regulating the procedure and the period fixed for the making, and hearing of an appeal by the Commission.

(2) The Commission shall have the power to alter, vary, rescind or confirm such order upon such appeal, or to give directions in relation there to, or to order such further or other inquiry, as to the Commission shall seem fit.

(3) The Commission shall from time to time cause to be published in the Gazelle, rules made by it under paragraph (1) of this Article.

(4) Upon any delegation to the Inspector-General of Police or a Committee or Police Officer under Article 155H and 155J of this Chapter as the case may be, the Commission shall not whilst such delegation of its powers is in force, exercise or perform its functions or duties in respect of the categories of Police Officers in respect of which such delegation is made, subject to the right of appeal hereinbefore provided.

Appeals to the Administrative Appeals Tribunal.

155L. Any Police Officer aggrieved by any order relating to promotion, transfer, or any order on a disciplinary matter or dismissal made by the Commission, in respect of himself may appeal therefrom to the Administrative Appeals Tribunal established under Article 59, which shall have the power to alter, vary or rescind any order or decision made by the Commission.

Saving of existing rules and regulations.

155M. Until the Commission otherwise provides, all rules, regulations and procedures relating to the police force as are in force shall continue to be operative and in force.

Commission answerable to Parliament.

155N. The Commission shall be responsible and answerable to Parliament in accordance with the provisions of the Standing Orders of Parliament for the exercise, performance and discharge of its powers, duties and functions, and shall forward to Parliament in each calendar year a report of its activities in such year.”.

Amendment Article 156 of the Constitution.

21. Article 156 of the Constitution is hereby amended as follows :-

(1) in paragraph (2) of that Article, by the substitution for the words "shall be appointed by the President", of the words "shall, subject to the provisions of Article 41C, be appointed by the President"; and

(2) in paragraph (5) of that Article, by the substitution for the words "the President shall appoint", of the words "the President shall, subject to the provisions of Article 41C, appoint".

Amendment of Article 170 of the Constitution.

22. Article 170 of the Constitution is hereby amended as follows :-

(1) in the definition of the expression "judicial officer", by the substitution for the words "other than in Article 114,", of the words "other than in Article 111M,"; and

(2) in the definition of the expression "public officer", by the insertion immediately after paragraph (c), of the following new paragraphs :-

"(ca) a member of the Constitutional Council ;

(cb) a member of the Election Commission ;

(cc) a member of the National Police Commission ;

(cd) the Commissioner-General of Elections ;

(ce) officers appointed to the Election Commission, by the Election Commission ;".

Amendment of the Ninth Schedule to the Constitution.

23. The Ninth Schedule to the Constitution is hereby amended in Appendix I to List I as follows :-

(1) by the substitution for item 3 of that Appendix of the following :-

"3. Recruitment to the National Police Division and promotion of Police Officers in the Provincial Divisions to the National Division, shall be made by the National Police Commission.”;

(2) in item 6 of that Appendix by the substitution for the words "will be referred to the President,", of the words "will be referred to the National Police Commission,";

(3) in item 7 of that Appendix, by the substitution for the words "with the approval of the President,", of the words "with the approval of the National Police Commission."; and

(4) in item 9:2 of that Appendix, by the substitution for the words "The President may, where he considers it necessary provide for alternate training for members of any Provincial Division", of the words " The National Police Commission may, where he considers it necessary provide for alternate training for members of any Provincial Division.".

Commissions under repealed Articles 56 and 112 of the Constitution to continue.

24. (1) The persons holding office on the date prior to the date of commencement of this Act, as members of the Public Service Commission and the Judicial Service Commission established by Article 56 and Article 112 respectively, of the Constitution, shall continue to hold office as such members continue to exercise the powers vested in those Commissions under the Constitution, prior to the date of commencement of this Act, until the date on which the members of the Public Service Commission and the Judicial Service Commission respectively, are appointed under Article 54 and Article 111D respectively of the Constitution.

(2) The persons holding office on the day prior to the date of commencement of this Act, as the Secretary to the Public Service Commission and as the Secretary to the Judicial Service Commission appointed under paragraph (7) of Article 56 and Article 113 respectively, of the Constitution, shall continue to hold such office under the same terms and conditions.

Chief Justice, Judges of the Supreme Court, President of the Court of Appeal &c,. to continue to hold office.

25. (a) The Chief Justice and all the Judges of the Supreme Court and the President and all the Judges of the Court of Appeal holding office on the day prior to the date of the commencement of this Act, shall, subject to the provisions of paragraph (3) of Article 41C, continue to hold office.

(b) Every person holding office on the day prior to the date of the commencement of this Act, as the Attorney-General, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament shall, subject to the provisions of paragraph (3) of Article 41C, continue to hold such office under the same terms and conditions.

Judges of the High Court &c., to continue to hold office.

26. Every person holding office on the day prior to the date of the commencement of this Act –

(a)  as a Judge of the High Court;

(b)  as a judicial officer, a scheduled public officer, a public officer or a police officer,

shall, continue to hold such office under the same terms and conditions.

Substitution and savings.

27. (1) Unless the context otherwise requires, there shall be substituted for the expressions "Commissioner of Elections" and "Department of the Commissioner of Elections" wherever such expressions occur in the Constitution and in any written law or in any contract, agreement or other document, of the expression "Election Commission".

(2) The person holding office as the Commissioner of Elections on the day immediately preceding the date of the commencement of this Act, shall continue to exercise and perform the powers and functions of the office of Commissioner of Elections as were vested in him immediately prior to the commencement of this Act, and of the Election Commission, until an Election Commission is constituted in terms of Article 103, and shall, from and after the date on which the Election Commission is so constituted, cease to hold office as the Commissioner of Elections.

(3) All suits, actions and other legal proceedings instituted by or against the Commissioner of Elections appointed under Article 103 of the Constitution prior to the amendment of such Article by this Act, and pending on the day immediately prior to the date of commencement of this Act, shall he deemed to be suits, actions and other legal proceedings instituted by or against the Election Commission, and shall be continued and completed in the name of the Election Commission.

(4) Any decision or order made, or ruling, given by the Commissioner of Elections appointed under Article 103 of the Constitution prior to the amendment of that Article, by this Act, and under any written law on or before the date of the commencement of this Act, shall be deemed to be a decision or order made or ruling given, by the Election Commission.

Pending matters before the Public Service Commission to stand removed to the National Police Commission.

28. All matters pertaining to the appointment, promotion, transfer, disciplinary control and dismissal of any police officer pending before the Public Service Commission, on or before the date of the commencement of this Act, shall stand removed to the National Police Commission established by Chapter XVIIIA of the Constitution and accordingly such matter shall be continued and completed before such National Police Commission.

Sinhala text to prevail in case of inconsistency.

29. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

What made India's economy so strong?

2009-12-27T18:38:00.000+05:30

He went to Prime Minister Narasimha Rao and told him that India needed a strong vision to take it forward!

"I said to him it is possible that we will still collapse, but there is a chance that if we take bold measures we may turn around, and that, I said, is an opportunity. We must convert this crisis into an opportunity to build a new India, to do things which many people before us have thought and said should be done, but somehow were never done," said Singh in an interview to PBS in 2001.

India, a country with hundreds of ethnics, thousands of different people contexts and over one billion of population, has now become e one of the strongest economies in the modern world. It is a fact that you find the most richest and the poorest people segments in India.
Click on the title to view the full article

But we should not forget that they are driven by a long term vision which will bring the fortune to the whole country in the near future. It might not be tomorrow or a day after, but we all know that India now has a great potential to become one of the most strongest and powerful economies in the world.

So what made India to reach such a stability? Its all about their economic policy. There was a huge economic crisis in 1991 and then India decided to reform their economic policies. India went almost bankrupt and was about to collapse their economy. See below to find out how they recovered! Its all about collective effort and right man being the right place in the right time.

With India’s foreign exchange reserves at $1.2 billion in January 1991 and depleted by half by June, barely enough to last for roughly 3 weeks of essential imports, India was only weeks way from defaulting on its external balance of payment obligations
The caretaker government in India headed by Prime Minister Chandra Shekhar, and Finance Minister Yashwant Sinha’s immediate response was to secure an emergency loan of $2.2 billion from the International Monetary Fund by pledging 67 tons of India's gold reserves as collateral. The Reserve Bank of India had to airlift 47 tons of gold to the Bank of Englan and 20 tons of gold to the Union Bank of Switzerland to raise $600 million.National sentiments were outraged and there was public outcry when its was learned that the government had pledged the countries entire gold reserves against the loan. Interestingly, it was later revealed that the van transporting the gold to the airport broke down on route and panic followed.A chartered plane ferried the precious cargo to London between May 21 and May 31, 1991, jolting the country out of an economic slumber.Chandra Shekhar government had collapsed a few months after having authorized the airlift. The move helped tide over the balance of payment crisis and kick-started Manmohan Singh’s economic reform process.
P.V. Narasimha Rao took over as Prime Minister in June, the crisis forcing him to rope in Manmohan Singh as Finance Minister, who unshackled what was then called the 'caged tiger'.The Narasimha Rao government ushered in several reforms that are collectively termed as liberalisation in the Indian media. The forex reserves started picking up with the onset of the liberalisation policies and peaked to $314.61 billion at the end of May 2008

"We could, in a traditional way, tighten our belt, and we did that, tighten and tighten. But persistence on that path would have led to more misery, more unemployment, and I said there is an alternative path. Stabilisation plus a credible structural adjustment programme would shorten the period of misery. It would release the innovative spirit, [the] entrepreneurial spirits which were always there in India in [such] a manner that our economy would grow at a much faster pace, sooner than most people believed. That's exactly what happened," said Singh in an interview to PBS in 2001.

In 1991 IMF did not even rely on India whether they will pay back their loans. That was the reason why IMF asked to Ari Lift Indian gold reserves. This shows how bad the Indian economy was. Fortunately India had their savior Dr Man Mohan Singh then the Finance Minister and now the Prime Minister of India. Dr Man Mohan Singh changed the overall structure of the India and led the economy towards mixed economy. This policy really helped India to regain their economic stability.

India's economic policy is being practiced for nearly two decades and no one would argue that India has been benefited from that. As I mentioned earlier still there are millions of people who do not have at least the basic huma needs, but the good thing is India is in a long term plan in terms of economic policies to bring them the fortune.

During his speech in Parliament while presenting the Budget in 1994-95, he quoted Victor Hugo: "No power on earth can stop an idea whose time has come."

So what were these economic reforms: Source Click Here

The major reforms that took place in the 1990’s were:
• Introduction of the auction system for sale of dated government securities in June1992. This
signaled the end of the era of administered interest rates.
• The RBI moved to computerize the SGL and implement a form of a ‘delivery versus payment’
(DvP) system. The DvP enabled mitigating of settlement risk in securities and ensured the
smoothness of settlement by synchronizing the payment and delivery of securities.
• Innovative products in form of Zero Coupon Bonds and Capital Indexed Bonds (Ex. Inflation
Linked) were issued to attract a wider gamut of investors. However, the pace of innovation
suffered due to non-sophistication of the markets and lack of persistence with some of the new
bonds like Inflation Indexed bonds after the initial lukewarm response.
• The system of Primary Dealers was established in March 1995. These primary dealers have
since then acquired a large chunk of share in the GOI bond market and have played the role of
market makers.
• The RBI setup “trade for trade” regime, a strong regulatory system which required that every
trade must be settled with funds and bonds. All forms of netting were prohibited.
• Wholesale Debt Market (WDM ) segment was set up at NSE, A limited degree of transparency
came about through the WDM at NSE, where roughly half the trading volume of India’s GOI
bond market is reported.
• The Ways And Means agreement put an end to issuance of ad hoc treasury bills, the
governments favourite instrument of funding its profligacy.
• Interest Income in G-Secs was exempted from the purview of TDS.
• FIIs with 100% Debt Schemes were allowed to invest in GOI Securities and T-Bills while other
FIIs were allowed 30% investment in these instruments.
• Dematerialised forms of securities in G-Secs was done through the SGL and Constituents SGL
accounts.

What we can learn from this: Everything is possible if the right person is given the right job at the right time!

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For your reference below is the Dr Man Mohan Singh's historic budget speech..Reference :http://www.rediff.com

Budget 1991-92

Speech of Manmohan Singh, Minister of Finance

24th July, 1991

Part A

Sir,

I rise to present the budget for 1991-92. As I rise, I am overpowered by a strange feeling of loneliness. I miss a handsome, smiling, face listening intently to the Budget Speech. Shri Rajiv Gandhi is no more. But his dream lives on; his dream of ushering India into the twenty-first century; his dream of a strong, united, technologically sophisticated but humane India. I dedicate this budget to his inspiring memory.

2 . The new Government, which assumed office barely a month ago, inherited an economy in deep crisis. The balance of payments situation is precarious. International confidence in our economy was strong until November 1989 when our Party was in office. However, due to the combined impact of political instability witnessed thereafter, the accentuation of fiscal imbalances and the Gulf crisis, there was a great weakening of international confidence. There has been a sharp decline in capital inflows through commercial borrowing and non-resident deposits. As a result, despite large borrowings from the International Monetary Fund in July 1990 and January 1991, there was a sharp reduction in our foreign exchange reserves. We have been at the edge of a precipice since December 1990 and more so since April 1991. The foreign exchange crisis constitutes a serious threat to the sustainability of growth processes and orderly implementation of our development programmes. Due to the combination of unfavourable internal and external factors, the inflationary pressures on the price level have increased very substantially since mid-1990. The people of India have to face double digit inflation which hurts most the poorer sections of our society. In sum, the crisis in the economy is both acute and deep. We have not experienced anything similar in the history of independent India.

3 . The origins of the problem are directly traceable to large and persistent macro-economic imbalances and the low productivity of investment, in particular the poor rates of return on past investments. There has been an unsustainable increase in Government expenditure. Budgetary subsidies, with questionable social and economic impact, have been allowed to grow to an alarming extent. The tax system still has many loopholes. It lacks transparency so that it is not easy to assess the social and economic impact of various concessions built into its structure. The public sector has not been managed in a manner so as to generate large investible surpluses. The excessive and often indiscriminate protection provided to industry has weakened the incentive to develop a vibrant export sector. It has also accentuated disparities in income and wealth. It has worked to the disadvantage of the rural economy. The increasing difference between the income and expenditure of the Government has led to a widening of the gap between the income and expenditure of the economy as a whole. This is reflected in growing current account deficits in the balance of payments.

4 . The crisis of the fiscal system is a cause for serious concern. The fiscal deficit of the Central Government, which measures the difference between revenue receipts and total expenditure, is estimated at more than 8 per cent of GDP in 1990-91, as compared with 6 per cent at the beginning of the 1980s and 4 per cent in the mid-1970s. This fiscal deficit had to be met by borrowing. As a result, internal public debt of the Central Government has accumulated to about 55 per cent of Gross Domestic Product (GDP). The burden of servicing this debt has now become onerous. Interest payments alone are about 4 per cent of GDP and constitute almost 20 per cent of the total expenditure of the Central Government. Without decisive action now, the situation will move beyond the possibility of corrective action.

5 . The balance of payments situation is most difficult. The current account deficit, which was about 2 per cent of GDP for several years, is estimated to be more than 2.5 per cent of GDP in 1990-91. These persistent deficits, which were inevitably financed by borrowings from abroad, have led to a continuous increase in external debt which, including non-resident Indian (NRI) deposits, is estimated at 23 per cent of GDP at the end of 1990-91. Consequently, the debt service burden is estimated at about 21 per cent of current account receipts in 1990-91. These strains were stretched to a breaking point on account of the Gulf crisis last year. The balance of payments has lurched from one liquidity crisis to another since December 1990. The current level of foreign exchange reserves, in the range of Rs.2500 crores, would suffice to finance imports for a mere fortnight.

6 . The price situation, which is of immediate concern to the vast mass of our people, poses a serious problem as inflation has reached a double digit level. During the fiscal year ending 31st March 1991 the wholesale price index registered an increase of 12.1 per cent, while the consumer price index registered an increase of 13.6 per cent. The major worrisome feature of the inflation in 1990-91 was that it was concentrated in essential commodities. The prices of these commodities rose inspite of the three good monsoons in a row and hence the three successive bumper harvests. Inflation hurts everybody, more so the poorer segments of our population whose incomes are not indexed.

7 . There is no time to lose. Neither the Government nor the economy can live beyond its means year after year. The room for maneuver, to live on borrowed money or time, does not exist any more. Any further postponement of macroeconomic adjustment, long overdue, would mean that the balance of payments situation, now exceedingly difficult, would become unmanageable and inflation, already high, would exceed limits of tolerance. For improving the management of the economy, the starting point, and indeed the centre-piece of our strategy, should be a credible fiscal adjustment and macro-economic stabilisation during the current financial year, to be followed by continued fiscal consolidation thereafter. This process would, inevitably, need at least three years, if not longer, to complete. But there can be no adjustment without pain. The people must be prepared to make necessary sacrifices to preserve our economic independence and restore the health of our economy.

8. In the macro-management of the economy, over the medium-term, it should be our objective to progressively reduce the fiscal deficit of the Central Government, to move towards a significant reduction of the revenue deficit, and to reduce the current account deficit in the balance of payments. It is only such prudent management that would enable us to curb the exponential growth in internal and external debt and limit the burden on debt servicing, for the Government and the country, to manageable levels. Indeed, we must make a conscious effort to reduce the internal debt of the Government and the external debt of the nation, so that we rely more and more on our own resources to finance the process of development.

During the period of transition, it shall be our endeavour to minimise the burden of adjustment on the poor. We are committed to adjustment with a human face. It will also be our endeavour that the adjustment process does not adversely affect the underlying growth impulses in our economy. We do not have time to postpone adjustment and stabilisation. We must act fast and act boldly. If we do not introduce the needed correctives, the existing situation can only retard growth, induce recession and fuel inflation, which would hurt the economy further and impose a far greater burden on the poor.

9. Macro-economic stabilisation and fiscal adjustment alone cannot suffice. They must be supported by essential reforms in economic policy and economic management, as an integral part of the adjustment process, reforms which would help to eliminate waste and inefficiency and impart a new element of dynamism to growth processes in our economy. The thrust of the reform process would be to increase the efficiency and international competitiveness of industrial production, to utilise for this purpose foreign investment and foreign technology to a much greater degree than we have done in the past, to increase the productivity of investment, to ensure that India’s financial sector is rapidly modernised, and to improve the performance of the public sector, so that the key sectors of our economy are enabled to attain an adequate technological and competitive edge in a fast changing global economy. I am confident that, after a successful implementation of stabilisation measures and the essential structural and policy reforms, our economy would return to a path of a high sustained growth with reasonable price stability and greater social equity.

10. Thanks to the efforts of Pandit Jawaharlal Nehru, Indira Gandhi and Rajiv Gandhi, we have developed a well diversified industrial structure. This constitutes a great asset as we begin to implement various structural reforms. However, barriers to entry and limits on growth in the size of firms, have often led to a proliferation of licensing and an increase in the degree of monopoly. This has put shackles on segments of Indian industry and made them serve the interests of producers but not pay adequate attention to the interests of consumers. There has been inadequate emphasis on reduction of costs, upgradation of technology and improvement of quality standards. It is essential to increase the degree of competition between firms in the domestic market so that there are adequate incentives for raising productivity, improving efficiency and reducing costs. In the pursuit of this objective, we have announced important changes in industrial policy which will bring about a significant measure of deregulation in the domestic sector, consistent with our social objectives and the binding constraints on the balance of payments.

11. The policies for industrial development are intimately related to policies for trade. There can be no doubt that protection was essential in the initial phase of our industrial development, so that we could go through the learning period without disruption. The past four decades have witnessed import substitution which has not always been efficient and has some times been indiscriminate. The time has come to expose Indian industry to competition from abroad in a phased manner.

As a first step in this direction, the Government has introduced changes in importexport policy, aimed at a reduction of import licensing, vigorous export promotion and optimal import compression. The exchange rate adjustments on 1st and 3rd July 1991 and the enlargement and liberalisation of the replenishment licence system constitute the two major initial steps in the direction of trade policy reform. They represent the beginning of a transition from a regime of quantitative restrictions to a price based mechanism.

12. After four decades of planning for industrialisation, we have now reached a stage of development where we should welcome, rather than fear, foreign investment. Our entrepreneurs are second to none. Our industry has come of age.

Direct foreign investment would provide access to capital, technology and markets. It would expose our industrial sector to competition from abroad in a phased manner. Cost, efficiency, and quality would begin to receive the attention they deserve. We have, therefore, decided to liberalise the policy regime for direct foreign

investment in the following manner. First, direct foreign investment in specified high priority industries, with a raised limit for foreign equity at 51 per cent, would be given prompt approval, if equity inflows are sufficient to finance the import of capital goods at the stage of investment and if dividends are balanced by export earnings over a period of time. Second, foreign equity upto 51 per cent would be allowed for trading companies primarily engaged in export activities. Third, a special board would be constituted to negotiate with a number of large international firms and approve direct foreign investment in selected areas; this would be a special regime to attract substantial investment that would provide access to high technology and to world markets.

13. For the founding fathers of our Republic, a public sector that would be vibrant, modern, competitive and capable of generating large surpluses was a vital element in the strategy of development. The public sector has made an important contribution to the diversification of our industrial economy. But there have been a number of shortcomings. In particular, the public sector has not been able to generate internal surpluses on a large enough scale. At this critical juncture, it has therefore become necessary to take effective measures so as to make the public sector an engine of growth rather than an absorber of national savings without adequate return. This has been widely accepted, but thought and action in this regard are still far apart. To bridge this gap, the portfolio of public sector investments would be reviewed so as to concentrate the future operations of the public sector in areas that are strategic for the nation, require high technology for the economy, and are essential for the infrastructure. In order to raise resources, encourage wider public participation and promote greater accountability, upto 20 per cent of government equity in selected public sector undertakings would be offered to mutual funds and investment institutions in the public sector, as also to workers in these firms. Public enterprises which are chronically sick and which cannot be turned around, will be referred to the Board for Industrial and Financial Reconstruction (BIFR), or to a similar high-powered body to be set up, for the formulation of revival or rehabilitation schemes; a social security mechanism will be created to fully protect the interests of the workers likely to be affected by the rehabilitation packages of the BIFR. Autonomy in management, and corresponding accountability, would be provided through a system of memorandums of understanding between the Government and public sector enterprises.

14 . Our banking system and financial institutions are at the very core of the financial infrastructure in the economy. The widening and deepening of our financial system have helped the spread of institutional finance over a vast area and have contributed significantly to the augmentation of our savings rate, particularly financial savings. This has been a most commendable achievement, but our financial system has developed certain rigidities and some weaknesses which we must address now. The objective of reform in the financial sector would be to preserve its basic role as an essential adjunct to economic growth and competitive efficiency, while improving the health of its institutions. In this task, it is essential to ensure capital adequacy, introduce prudential norms and improve profitability of our commercial banks and financial institutions. There are no magic solutions. These are complex issues which need careful consideration. Therefore, I propose to appoint a high level committee to consider all relevant aspects of structure, organisation, functions and procedures of the financial system. This committee would advise the Government on appropriate measures that would be needed to enhance the viability and health of our financial sector so that it can better serve the needs of the economy without any sacrifice of the canons and principles of a sound financial system.

15. Interest rates are a crucial dimension of the financial sector. In the formative stages of the development of credit markets, administrative intervention in interest rates is both necessary and desirable. At the present stage of our development, however, we can begin to relax the degree of intervention and impart a greater flexibility to the structure of interest rates. The Reserve Bank of India has already taken an important step in this direction, by stipulating a floor rate of interest and providing freedom to commercial banks to charge interest rates above the floor level based on their perceptions of risk. The Government proposes to extend a similar freedom to term-lending financial institutions, where the minimum interest rate would be 15 per cent, and these institutions would be free to charge an interest rate in accordance with their perception of the creditworthiness of borrowers.

With the exception of tax free bonds for the public sector, it is also proposed to remove all restrictions on interest rates for debentures, both convertible and nonconvertible, floated in the capital market. The interest rate on such debt instruments will hereafter be governed by market forces, and the credit rating of such debt

instruments will become an integral part of the capital market process. In consultation with the Reserve Bank of India, the Government would continue to watch the structure of interest rates. Recently, interest rates payable on bank deposits have been increased. I now propose to do a similar thing with regard to interest rates payable under the small savings schemes. Our ultimate objective is to achieve a significant reduction both in the nominal and the real interest rates. This would be possible if the rate of inflation is reduced significantly over the next three years.

16. While presenting the budget for 1987-88, our former Prime Minister the late Shri Rajiv Gandhi had assured this House that for a healthy growth of capital markets, for protecting the rights of investors and for preventing trading malpractices the Government would set up a separate Board for the regulation and orderly functioning of the Stock Exchanges and the securities industry. Although the Board was set up, legislation to give the Board adequate powers was unfortunately not enacted. This shall now be done forthwith and full statutory powers will be given to the Securities and Exchange Board of India for administering the relevant provisions of the Securities Contracts (Regulation) Act and the Companies Act. Transferring these powers from the Controller of Capital Issues and the Government to an independent body would enable it to effectively regulate, promote and monitor the working of the Stock Exchanges in the country. A comprehensive package of reforms relating to trading on the Stock Exchanges, including a system of national clearing and settlement and setting up of a central depository, is also under active consideration.

17. In regard to Mutual Funds, some progress towards evolving a competitive structure has been made in the last few years with encouraging results. For many investors, mutual funds are a more suitable investment vehicle than direct ownership of shares. The Government is already giving tax incentives for equity-linked savings schemes offered through mutual funds. The Government has now decided to further promote the development of mutual funds by throwing the field open to the private sector and joint sector mutual funds. In order to safeguard the interests of the investing public, and to encourage a healthy growth of the capital markets, a comprehensive set of guidelines is being evolved for the operation of all mutual funds. Consideration will also be given to enactment of legislation for this purpose.

18. A comprehensive review of policies and procedures bearing on Non-resident Indian investments shall be carried out and further relaxations made in order to remove all procedural difficulties and impediments to the setting up of industrial and other ventures by Non-resident Indians. New sectors shall be made available to NRIs for investment on a non-repatriation basis, including housing, infrastructure and real estate development. For example, at present, NRIs of foreign nationality are required to obtain specific permission under section 31 of the Foreign Exchange Regulation Act (FERA) to acquire residential property. It is now proposed to provide general exemption from this provision to such persons. However, rental income and proceeds from the sale of such housing will be non-repatriable. For facilitating interaction with the Central Government, to serve as a focal point for NRIs, Government proposes to establish a Chief Commissioner for Non-resident Indians. I would urge State Governments, also, to establish an office of a Commissioner for Non-Resident Indians.

19. I believe that the time has come to evolve a more transparent institutional mechanism for fixing tariffs and domestic prices in sectors where there might still be need for protecting Indian industry against foreign competition and for the determination of administered prices, particularly in the area of public utilities. For this purpose, we propose to restructure the Bureau of Industrial Costs and Prices and to transform it into a Tariff Commission.

20. As we enter the last decade of the twentieth century, India stands at the cross-roads. The decisions we take and do not take, at this juncture, will determine the shape of things to come for quite some time. It should come as no surprise, therefore, that an intense debate rages throughout the country as to the path we should adopt. In a democratic society it could not be otherwise. What can we learn from this debate? The most important thing that comes out clearly is that we cannot realise our goal of establishing a just society, if we abandon the planning process. But India’s future development depends crucially on how well the planning process is adapted to the needs of a fast changing situation. I believe that without an intelligent and systematic coordinated resource use in some major sectors of our economy, development will be lopsided. It will violate deeply cherished values of equity and it will keep India well below its social, intellectual and moral potential. But our planning processes must be sensitive to the needs of a dynamic economy.

Over centralisation and excessive bureaucratisation of economic processes have proved to be counter productive. We need to expand the scope and the area for the operation of market forces. A reformed price system can be a superior instrument of resource allocation than quantitative controls. But markets can only serve those who are part of the market system. A vast number of people in our country live on the edges of a subsistence economy. We need credible programmes of direct government intervention focussing on the needs of these people. We have the responsibility to provide them with quality social services such as education, health,

safe drinking water and roads. In the same way, the development of capital and technology intensive sectors, characterised by long gestation periods, such as transport and communications and energy will need to be planned with much greater care than ever before. The control of land and water degradation, which threatens the livelihood of millions of poor people in this country, will also require effective Government leadership and action.

21. The challenge that we are facing is without precedent. In its initial stages, the Industrial Revolution in the western world concentrated on the creation of wealth, unmindful of the social misery and inequity which characterised this process.

The democratisation of the polity came much later. The socialist experiment in charting a new path for accelerated industrial transformation of an underdeveloped economy and polity did achieve considerable success in developing technological and military capabilities, accumulation of capital for rapid industrial growth and human resources development, in countries such as the USSR. But recent developments have shown that this approach too suffered from major weaknesses, particularly in its allocative efficiency, in the management of technical change, control of environmental degradation and in harnessing the vast latent energy and talents of individuals. In India, we launched an experiment under the leadership of Pandit Jawaharlal Nehru, an experiment which sought to unite the strengths and merits of different approaches to accelerated development of our backward economy. We have achieved considerable success in the field of development, modernization and greater social equity. However, we are yet far from realising our full potential in all these areas. We have to accomplish the unfinished task, while remaining steadfast in our allegiance to the values of a democratic system.

22. At the same time, we must restore to the creation of wealth its proper place in the development process. For, without it, we cannot remove the stigma of abject poverty, ignorance and disease. But we cannot accept social misery and inequity as unavoidable in the process of creation of wealth. The basic challenge of our times is to ensure that wealth creation is not only tempered by equity and justice but is harnessed to the goal of removal of poverty and development for all.

23. For the creation of wealth, we must encourage accumulation of capital. This will inevitably mean a regime of austerity. We have also to remove the stumbling blocks from the path of those who are creating wealth. At the same time, we have to develop a new attitude towards wealth. In the ultimate analysis, all wealth is a social product. Those who create it and own it, have to hold it as a trust and use it in the interest of the society, and particularly of those who are under-privileged and without means. Years ago, Gandhiji expounded the philosophy of trusteeship.

This philosophy should be our guiding star. The austerity that Gandhiji practiced and preached is a necessary condition for accelerated economic development in the framework of a democratic polity. The trusteeship that he prescribed for the owners of wealth captured the idea of social responsibility.

24. In highlighting the significance of reform, my purpose is not to give a fillip to mindless and heartless consumerism we have borrowed from the affluent societies of the West. My objection to the consumerist phenomenon is two-fold. First, we cannot afford it. In a society where we lack drinking water, education, health, shelter and other basic necessities, it would be tragic if our productive resources were to be devoted largely to the satisfaction of the needs of a small minority. The country’s needs for water, for drinking and for irrigation, rural roads, good urban infrastructure, and massive investments in primary education and basic health services for the poor are so great as to effectively preclude encouragement to consumerist behaviour imitative of advanced industrial societies. Our approach to development has to combine efficiency with austerity. Austerity not in the sense of negation of life or a dry, arid creed that casts a baleful eye on joy and laughter. To my mind, austerity is a way of holding our society together in pursuit of the noble goal of banishing poverty, hunger and disease from this ancient land of ours.

25. Let me now turn to fiscal adjustment during the current financial year. The beginning of any attempt to correct the fiscal imbalance in the economy must be directed at a reduction in expenditure and an increase in income of the Government, so as to reduce the fiscal deficit. In the medium-term, however, our fiscal regime would be sustainable only if revenue receipts not only meet revenue expenditure but also provide a sufficient surplus to finance capital expenditure that does not yield direct economic returns as such, as in defence or in social sectors. Even this would not suffice if investment expenditures in the budget do not earn an adequate return. The elimination of structural imbalances in our fiscal system would require a reduction both in the fiscal deficit and in the revenue deficit as a proportion of GDP. The Union Budget for 1991-92 is an essential first step in this direction.

26. It must be recognised that the necessary reduction in the fiscal deficit, during 1991-92, is a stupendous task. The interim budget presented to Parliament in March 1991 estimated the fiscal deficit at Rs.38475 crores. But this estimate was based on assumptions about certain decisions that have not been implemented. The postponement of the regular budget has made a formidable task even more difficult because almost four months of the financial year have now elapsed without any effort at fiscal correction. Indeed, past trends in revenue and expenditure suggest that, without any corrective action on our part, the fiscal deficit during 1991-92 could well reach a level of more than Rs.52000 crores. The difference between the two sets of figures provides the real measure of the fiscal correction needed during the current financial year.

27. According to provisional data available, the more narrowly defined budget deficit, as measured by borrowing through short term Treasury bills, for 1990-91 at Rs.11430 crores was significantly higher than the revised estimate of Rs.10722 crores, largely due to a substantial revenue shortfall, particularly in corporation tax revenues. This highlights the handicap with which we begin. Let me now present the scenario for 1991-92.

28. The increasing levels of non-plan expenditure, financed through borrowing, have led to an exponential increase in interest payments by the Government. The revised estimates for interest payments during 1990-91, at Rs.21850 crores, accounted for as much as 38 per cent of the net revenue receipts of the Central Government. Interest payments during 1991-92, estimated at Rs.27450 crores, constitute 42 per cent of the net revenue receipts of the Central Government at existing rates of taxation. If the present trends continue without any correction, then interest payments could well account for more than 50 per cent of the net revenue receipts of the Central Government by 1994-95. These magnitudes and proportions only serve to highlight the gravity of the situation and the acute need for a substantial adjustment in non-plan expenditure over the next three years.

29. The revised estimate for total non-plan expenditure in 1990-91 was Rs.76761 crores. In the normal course, even with the strictest scrutiny but in the absence of specific measures for reducing expenditure, this non-plan expenditure would have increased to a level of Rs.89000 crores in 1991-92. Any attempt at fiscal correction during the current financial year can be meaningful only if nonplan expenditure is reduced by at least 10 per cent from the level it would otherwise reach.

30. The single largest component of non-plan expenditure is interest payments. Even if there is a drastic reduction in Government borrowing during this year, interest payments would still be in the range of Rs.35000 crores in the next financial year. The exponential increase in interest payments can be brought under some measure of control, by 1994-95, only through a strict discipline on government borrowing for a period of three years.

31. The second largest component of non-plan expenditure is the allocation for the defence sector, where the provision in the revised estimates for 1990-91 was Rs.15750 crores. No attempt at containing non-plan expenditure can succeed if defence is to be excluded. At the same time, it is absolutely essential to ensure that a quest for economy in expenditure does not in any way compromise national security. We must, therefore, seek to limit expenditure without diluting the efficiency and effectiveness of our defence services. Keeping in view all these considerations, it has been decided to provide an outlay of Rs.16350 crores for defence in the current year.

32. Honourable Members are aware that export subsidies have been abolished with effect from 3 July 1991. The export sector is being adequately compensated through the adjustments in the exchange rate and the expansion of the Replenishment Licensing System which were implemented at the beginning of July.

Consequently, it is now necessary to provide only Rs.1224 crores for export subsidies in the budget estimates for 1991-92, as compared with the earlier estimated requirement of Rs.4200 crores, yielding a saving of as much as Rs.3000 crores during the remainder of this year.

33. In so far as fertiliser subsidies are concerned, with effect from this evening, low analysis fertilisers such as calcium ammonium nitrate, ammonium chloride, ammonium sulphate and sulphate of potash will be free from price and movement controls. There will be an increase of 40 per cent, on an average, in the price of all other fertilisers. In addition, in respect of single super phosphate, there shall also be a ceiling on the subsidy per tonne payable to producers so as to move towards total deregulation in the next few years; this should act as an incentive for all high cost units to reduce costs and improve efficiency. The necessary notifications in this regard are being issued separately, today, by the Ministry of Agriculture.

34. The economic rationale for an increase in the price of fertilisers is so obvious that it does not need to be stated. Nevertheless, I would like to draw the attention of the House to the fact that there has been no increase in fertiliser prices since July 1981. In these ten years, there has been a continuous increase in the procurement prices of paddy and wheat, as also in the market prices of other crops, received by the agricultural sector. Farmers will be compensated for the proposed increase in the price of fertilisers through suitable increases in procurement prices.

35. We would continue to ensure that 50 per cent of the plan resources are invested in the agricultural and rural sector. The provision for the continuing schemes for assistance to small and marginal farmers for dug wells and shallow tubewells would be doubled. The ceilings on assistance in difficult areas, where the watertable is very low, would be removed. Similarly, the provision for assistance for fresh water and brackish water aqua-culture and for oilseeds and pulses production would be substantially stepped up. New schemes are being drawn up to popularize small tractors and matching implements, drip and sprinkler irrigation in areas where water is scarce, and quality seeds in low yield areas. Another new scheme that would be implemented from this kharif season is for providing assistance to State Governments, cooperative societies, and farmers’ groups to provide blanket plant protection cover on payment of a small fee in large identified areas under cotton or pulses. It would also be possible to demonstrate the advantages of integrated pest management in these areas. In order to safeguard any possible loss in production because of increase in fertiliser prices, and any decline in consumption, the credit structure would be strengthened to ensure adequate availability of credit particularly to the small and marginal farmers. Simultaneously, soil testing laboratories and farm advisory services all over the country would be strengthened to ensure efficient use of fertilisers and popularise the use of bio-fertilisers. We would also identify a few irrigation projects that can be completed in this very year and ensure that these are provided the necessary funds. The other new initiatives, also, would not be starved of funds. As far as possible our emphasis will be on provision of quality services to our farmers and not on hand outs and subsidies.

36. The sugar subsidy which is costing the exchequer about Rs.350 crores per annum is indeed an aberration, which crept into the system from January 1990, when the increase in the levy price paid to producers was not matched by a simultaneous increase in the issue price for consumers in the public distribution system. Small quantities of sugar are made available, mostly in metropolitan and urban areas, under the public distribution system at Rs.5.25 per kg. whereas the price that most people pay in the market is around Rs.10 per kg. Government has decided that this subsidy should be abolished forthwith. Consequently, the issue price of sugar under the public distribution system will be increased by 85 paise per kg. to Rs.6.10 per kg. with effect from this evening. At the same time, the public distribution system is being strengthened to serve more effectively the weaker sections of our population, particularly the rural poor, having special regard to their basic needs for foodgrains such as rice and wheat. The provision for food subsidies in the current year is being stepped up to Rs.2600 crores, as compared with only Rs.1800 crores provided in the interim budget and Rs.2450 crores provided in the revised estimates for 1990-91.

37 . As a result of the exchange rate adjustments, at the beginning of July 1991, there would be an increase in the rupee value of the import bill for crude oil and petroleum products. It is, therefore, necessary to raise the prices of petroleum products for domestic consumers. This would also help to restrain the growth in consumption of petroleum products. The price of motor spirit, domestic LPG and aviation turbine fuel for domestic use would be raised by 20 per cent. The prices of other petroleum products, excluding diesel and kerosene for non-industrial use,would be raised by 10 per cent. The price of kerosene, for non-industrial use, would be reduced by 10 per cent which means a 50 per cent roll-back in relation to the increase in the price that came into effect on 15 October 1990. Even in a most difficult financial situation, this is being done to protect the poor for whom kerosene is an essential source of light and fuel. While there will be no increase in the price of diesel, I would endeavour to protect the interests of the farmers who use diesel. For this purpose, I shall hold discussions with State Governments. The proposed increases in the prices of petroleum products will come into effect from this evening, and the necessary notification in this regard is being separately issued by the Ministry of Petroleum and Natural Gas.

38. For non-plan expenditure, excluding interest payments, defence, and major subsidies, the total provision in the budget estimates for 1991-92 is Rs. 28,073 crores, reflecting a reduction of Rs. 1538 crores compared with the provision in the revised estimates for 1990-91. If we take into account the fact that no separate provision has been made for the payment of additional installments of dearness allowance by Ministries and Departments in the current year, the total reduction in such other non-plan expenditure will exceed Rs. 2000 crores. In recent years, it has been the usual practice to issue instructions to Ministries that such additional requirements should be accommodated within the approved budget estimates. This has invariably resulted in some programmes on the plan side being deprived of adequate resources. It is my intention to effect maximum possible economies in the non-plan administrative expenditure. Therefore, all Ministries have been requested to prioritise their activities so that those which figure at the bottom of the list can be abridged, while those which have outlived their utility can be abandoned altogether. This exercise has already been initiated by all Ministries and is expected to be completed by the end of August 1991. With this approach, the proposed reduction in other non-plan expenditure, which I am promising to the House, would be brought about in a more meaningful manner without leading to a reduction in the provision for plan programmes.

39. There is one large component of non-plan expenditure that is a burden on the exchequer. I refer to the Government’s obligation under the Rural Debt Relief Scheme. Unfortunately, there was a gross under-estimation of the total fiscal liability under this scheme which was introduced last year. In addition to the sum of Rs 1500 crores provided in the revised estimates for last year, we have to provide Rs. 1500 crores in the current year. But this is not all. We may need a similar provision in the next year.

40. As a result of the major adjustments in the sphere of expenditure, which I have outlined in my speech, the budget estimate for total non-plan expenditure in 1991-92 stands at Rs. 79,697 crores. It is simply not possible to reduce interest payments in the short term. The provision for non-plan expenditure, excluding interest payments, in the current year represents a reduction of 4.9 per cent compared with the provisions in the revised estimates for 1990-91, and a reduction of almost 15 per cent in relation to what we would have had to provide this year, but for the specific correctives that are being introduced. We have, thus, more than fulfilled our commitment to reduce non-plan expenditure by 10 per cent, which was stated in our Party’s election manifesto.

41. The election manifesto of the Congress Party identifies areas for special emphasis in our strategy of development. These include a substantial augmentation of employment programmes, the construction of dwelling units for the weaker sections of our society, an expansion of the programme for irrigation wells and so on. This would need a change in, and some reorientation of, plan priorities, with a shift towards investment in rural areas and expenditure on programmes designed for the benefit of the poor. Our strategy would, of course, be reflected in the Eighth Five Year Plan, which would now commence on 1 April 1992. It shall be our endeavour to finalise the Eighth Plan document by the end of this calendar year, so that the annual plans for 1992-93, as well as the budgets of the Centre and the States for that year, reflect the changed priorities.

42. As the Vote on Account had earlier been taken only to cover the expenditure in the first four months, this budget has had to be presented before the end of July, 1991. We have, thus, not had the time to re-orient the Annual Plan for 1991- 92 to reflect fully our various concerns. Moreover, this year’s annual plan has had to be situated in the context of the massive fiscal correction that we have to put through. In fact, it was first felt that it would be necessary to effect a substantial reduction in budget support for the Central Plan and Central Plan assistance for the States. I am, however, happy to inform the House that with the substantial cuts proposed in non-plan expenditure, it is now possible to protect the flow of Central Plan assistance to States and Union Territories at the level of Rs. 14710 crores, as reflected in the interim budget for 1991-92. The Central plan outlay would, however, show a modest increase at Rs. 42969 crores with a budget support of Rs. 19015 crores.

43. I am aware that in basic infrastructure areas such as power, coal, communications and petroleum, we will have to set our sights much higher. In the present situation, characterised by an acute shortage of foreign exchange, it is, in particular, imperative to augment substantially the domestic production of coal, crude oil, natural gas and electrical energy. Efforts will also have to be made on a crash basis for promoting utmost economy in use of energy through more efficient technologies in industry, agriculture, transport and domestic sectors. The transmission and distribution line losses would also have to be brought down drastically from the present high level of 22 per cent. We shall address ourselves to all these tasks once we are through with taking stock of the situation. It is my earnest hope that, by then, thanks to the fiscal corrections now being put through, the resources position would improve, giving us the necessary flexibility. For the present, it has been my endeavour to maintain essential investment through appropriate support for the Central Plan despite binding constraints on the exchequer.

44. In preparing this budget, I have sought to ensure that the burden of fiscal adjustment does not fall on State Governments. It is my belief that the Central Government must set an example by introducing fiscal correctives, and it is my hope that the State Governments would move in this direction as soon as possible. In particular, I would urge them to ensure prompt payment of dues owed by the State Electricity Boards to the National Thermal Power Corporation, Coal India and the Indian Railways. We cannot allow State level enterprises to become an instrument of unplanned and unauthorised transfer of resources from the Centre to the States. That is neither fair nor equitable. This practice must, therefore, stop forthwith. Simultaneously, State Governments must take effective steps to improve their fiscal performance and streamline the working of their public enterprises. They should not expect me to reward fiscal laxity by permitting them to have recourse to unauthorised overdrafts from the Reserve Bank of India. I want them to be an active partner in the accomplishment of the difficult task of restoring the fiscal health of the country.

45. The process of macro-economic adjustment, which is being initiated with this budget, would take at least three years to complete. This adjustment must have a human face. Therefore, during the period of transition, we shall do everything that is possible to minimise the burden of adjustment on the poor. To some extent, the poor would be protected as the rate of inflation comes down. We shall make determined efforts to control inflation and the price rise. The fiscal strategy of this budget will make a major contribution in this regard. In addition, it will be our endeavour to provide protection to the poor in the form of enhanced outlays in the social sectors. Employment creation and poverty eradication in rural India will continue to receive the highest priority. At the same time, Government is committed to the uplift of the weakest and the most vulnerable sections of our society.

46. The plan outlay for the Ministry of Rural Development is being stepped up from Rs.3115 crores last year to Rs. 3508 crores this year. Within this, the outlay for employment programmes alone is Rs.2100 crores. The various employment oriented programmes should make it possible to provide nearly 900 million mandays of employment. If, this year, we are not aiming at the target of 1000 million man-days mentioned in our manifesto it is because the season when there is maximum need for such employment is already over. The Eighth Plan now under formulation will spell out a comprehensive strategy and programmes to achieve the long term employment objectives, and targets such as those relating to the construction of irrigation wells, urban night shelters and Sulabh Shauchalayas, dwelling units for poor backward classes, scheduled castes and scheduled tribes in the villages, mentioned in our Party’s election manifesto.

47. The provision for the rural water supply scheme is being stepped up to Rs.758 crores, so as to make it possible to set aside Rs. 250 crores for ensuring 14 complete coverage of ‘no-source problem villages’ by the end of 1992-93. The earlier expectation was that these villages would be covered only by the end of the Eighth Plan period. The late Shri Rajiv Gandhi had attached great priority to this programme and had set up a Technology Mission for this purpose. The programme, which is now being named after Shri Rajiv Gandhi, will be accelerated. We will ensure that resource constraints do not stand in the way of achieving the target.

48. It is a matter of deep concern that we have still not been able to put an end to the dehumanising practice of manual removal of night-soil. The allocation for this programme has in the past been less than adequate. It has now been decided not only to accelerate the programme for the conversion of dry-latrines but also to step up the allocation for the rehabilitation and retraining of scavengers. Towards this end, the allocation for the programme has been increased by Rs. 25 crores and more funds, to the extent necessary, would be provided during the course of the year. Inclusive of the increased provision for this programme, the total outlay for the programmes of the Ministry of Welfare, which is concerned with the welfare of scheduled castes, scheduled tribes and other weaker sections of our society, is being stepped up from Rs. 364 crores in 1990-91 to Rs. 479 crores in 1991-92. The outlay for the Department of Women and Child Development, dealing with perhaps the two most disadvantaged segments of our population among the poor, is being enhanced from Rs. 330 crores last year to Rs. 400 crores this year. For Health and Family Welfare, I am providing a plan outlay of Rs. 1051 crores in 1991-92 as compared with Rs. 950 crores in 1990- 91.

49. The allocation of resources for investment in social sectors is of utmost importance for the development of human resources. In this context, there is no

need for me to emphasise the importance of education, in particular, elementary education. Our efforts to restructure and revitalise the economy can succeed only

if we invest in our people. Particular attention has to be paid to the provision of quality education to children belonging to the scheduled castes, the scheduled tribes and other economically and socially backward classes. Children who belong to the category of first generation learners need special care and attention. If the equality of opportunity is to acquire its true significance, quality education must not remain the exclusive privilege of the children of the rich. The Government is committed to ensure that, whatever be our constraints, the programmes of education will not be allowed to suffer for want of financial support. Every effort will be made to ensure that the constitutional directive of providing free and compulsory education upto the age of 14 years becomes a reality before we enter the twenty first century.

In the sphere of higher education and technical education, more resources are needed for modernisation and diversification, but, at the same time, an effort must be made to secure optimum results from the existing investments in these institutions. The requirements of education are vast and we shall have to seek innovative ways of finding resources. Budget support provided by the Central Government and the State Governments are an important source, but cannot continue to remain the only source. I am raising the allocation for education from Rs.865 crores in 1990-91 to Rs.977 crores in 1991-92. This allocation is not commensurate with my deep commitment to education and the priority that is attached by the Government to the education sector. I would have liked to do more but we must learn to live with the constraints on the exchequer.

50. We have the third largest number of scientists and technologists in the world. Yet, technology development in our country has not been commensurate either with this number or the investments that we have been making in the science and technology sectors in our successive Five Year Plans. This gap would have to be bridged through a suitable reorientation of the Science and Technology Policy and the way paved for relating science and technology more intimately to the requirements of our development, as well as for better upgradation, absorption, adaptation and assimilation of new technologies. This task has become imperative as we prepare ourselves to be an internationally competitive economy.

51. Government has also decided on five new initiatives. The first of these is the establishment of a Corporation for the welfare of the backward classes, a task that the Congress manifesto has included for completion within the first 100 days. The details of the structure and duties of this Corporation are being finalised by the Ministry of Welfare and will be announced before the end of this session.

52. Government will establish a National Renewal Fund, with a substantial corpus. The main objective of this fund will be to ensure that the cost of technical change and modernisation of the productive apparatus does not devolve on the workers. This fund will provide a social safety net which will protect the workers from the adverse consequences of the technological transformation. I visualise that this fund will grow in size and State governments will also contribute to its corpus in due course. The fund will not merely provide ameliorative measures for the workers affected in the course of technical change but, more importantly, provide retraining to them, so that they are in a position to remain active productive partners in the process of modernisation.

53. The third programme relates to the care of children of families affected by communal riots. These riots are a blot on the fair name of our Republic. Our Government is deeply committed to the protection and advancement of all religious and cultural minorities. Effective steps will be taken to prevent recurrence of communal violence. At present there are arrangements to provide compensation of varying amounts to the riot affected families. But experience shows that such compensation does not always protect the interests of children of the riot affected families. These children then grow up into disgruntled and disorganised adulthood.

They become an easy prey to the propaganda of anti-social elements and the obscurantist, fundamentalist forces of reaction. To protect the interests of such children, look after their welfare and in particular their education, the Government proposes to set up a National Foundation for Communal Harmony as an autonomous non- government organisation. The Central Government will make a significant contribution to this Foundation in 1991-92. I invite State Governments as well as industry and trade to make liberal contributions for this noble cause.

54. The fourth programme is to promote national integration through a scheme for enabling the youth of each part of the country to go in large numbers and work for short periods in other parts of the country, giving them an opportunity to mingle with people of different regions and languages. A similar step in this direction has already been taken in the Navodaya Vidyalaya Programme. This will now be strengthened and extended on a national basis.

55. The fifth programme relates to promotion of South-South cooperation. We as a nation are committed to close cooperation and sharing our development experience, knowledge and expertise with non-aligned and other developing countries. There is immense scope for Indian scientists, technicians, engineers, teachers, social workers and farmers to contribute to the development process in the third world. Our experience in various fields can be of great relevance and assistance to many developing countries particularly in Asia and Africa. It is our hope to arrange for participation of at least 500 volunteers in different nation building tasks, in selected developing countries, in the coming year. The details of the programmes will be worked out and announced before the end of the session.

56. The House will also be pleased to learn that in acceptance of a recommendation of the South Commission presided over by Dr. Julius K. Nyerere, the former President of Tanzania, we propose to set up a National Committee under the chairmanship of the Prime Minister for mobilising public opinion in support of South-South cooperation and for advising our Government for devising concrete action programmes in this regard. This committee will consist of representatives of Government, trade and industry, trade unions and members of learned professions.

57. The Rajiv Gandhi Foundation has been established to perpetuate the memory of the great leader and to promote the ideals and objectives for which he lived and laid down his life. This Foundation, among other things, will lay particular emphasis on research and action programmes relating to the application of science and technology for development, propagation of literacy, the protection of the environment, the promotion of communal harmony and national integration, the uplift of the under-privileged, women and handicapped persons, administrative reforms and India’s role in the global economy. As a homage to the late Shri Rajiv Gandhi and in support of the laudable objectives of the Foundation, Government has decided to contribute Rs.100 crores to the Foundation at the rate of Rs.20 crores per annum for a period of five years beginning from the current year.

58 . Pending determination of the exact amounts that will be necessary for each of these new initiatives, a lump sum provision of Rs.250 crores has been included in the plan outlay of the Ministry of Finance.

59. The budget provision for total expenditure in 1991-92 is Rs.113422 crores, of which Rs.79697 crores is non-plan expenditure and Rs.33725 crores is plan expenditure.

60. In the sphere of revenue receipts, at the existing rates of taxation, gross tax revenues are estimated at Rs.66218 crores during the current financial year, compared to Rs.58916 crores in the revised estimates of last year. The payment to States of their share of taxes is placed at Rs.15643 crores in 1991-92 as against Rs.14535 crores in the revised estimates for 1990-91. Thus, the net revenue receipts of the Centre, including non-tax revenue, are estimated to increase from Rs.57381 crores in 1990-91 to Rs.65524 crores in 1991-92.

61. In the sphere of capital receipts, market borrowings are placed at Rs.7500 crores this year, which is lower than Rs.8000 crores last year; this is part of a conscious effort to reduce the borrowing of the Central Government which would, in keeping with the past trends, have gone up by about 10 per cent. The net collections on account of small savings are estimated at Rs.8000 crores, which are at the same level as the revised estimates for last year. In addition, the Government has decided to disinvest upto 20 per cent of its equity in selected public sector undertakings in favour of mutual funds and investment institutions in the public sector, which is expected to yield Rs.2500 crores to the exchequer during the current financial year. This disinvestment would broad-base the equity, improve the management and enhance the availability of resources in these enterprises.

62. The net receipts on account of external assistance, excluding grants, are placed at Rs.3510 crores compared to Rs.3984 crores in the revised estimates of 1990-91. While the increase in the loan repayment and interest payment liabilities, as a consequence of the recent exchange rate adjustments, is fully reflected in the budget estimates, the likely increase in the rupee value of external assistance following the exchange rate adjustments is still under assessment. To the extent that these receipts increase, there will also be a corresponding increase in expenditure when the assistance is passed on to the concerned projects or schemes for which such assistance is received. These changes, which will thus be budget deficit neutral, will be incorporated at the stage of revised estimates.

63. Taking into account other changes in receipts and expenditure, total receipts at the existing rates of taxation are estimated at Rs.103698 crores, while total expenditure is estimated at Rs.113422 crores. Therefore, without additional resource mobilisation, the budget deficit is estimated at Rs.9724 crores, the revenue deficit at Rs.15859 crores, and the fiscal deficit at Rs.39732 crores.

PART B

64. Honourable Members would have observed that expenditure adjustment constitutes the core of the proposed fiscal correction during the current financial year. But the process of fiscal adjustment cannot be complete without revenue measures to increase the income of the Government. I now seek the indulgence of the House to present the reliefs, the incentives and the levies in the sphere of direct taxes.

65. The revenue from direct taxes, both as a proportion of GDP and as a percentage of total tax revenues, has registered a steady decline over time. This trend has to be reversed, so as to restore equity in, and balance to our fiscal system. Resources for development must be raised from those who have the capacity to pay. For this purpose, we must place greater emphasis on direct taxes. This calls for increased rates wherever necessary and a better tax compliance. At the same time, rationalisation of the system, which reduces the maximum marginal rate of tax, simplifies the procedures, reduces the plethora of concessions, and brings the average rates of income tax at various levels of income to more appropriate levels, is necessary. The time available before presenting the budget was simply not enough to formulate basic structural changes. Yet, I have made a conscious effort to move one step forward in this direction.

66. Nobody can deny the existence of large scale tax evasion, both in terms of income and in terms of wealth. Unless I find substantial improvement in tax compliance in the next few months, Government will have no choice but to take strong measures to make the tax evader pay a sufficiently high price for such delinquency. Before coming down heavily on tax evaders, I would like to give them a last opportunity to come clean. The black money so mobilised will be utilised for the achievement of social objectives such as slum clearance and low cost housing for the rural poor.

67 . I propose to institute a scheme, under which any person would be allowed to make a deposit with the National Housing Bank on or before close of business on 30th November, 1991. Thereupon, forty per cent of such deposit would be deducted and set apart as a special levy, which would form the corpus of a fund in the National Housing Bank. This fund will be utilised for financing slum clearance and low cost housing for the poor, in accordance with guidelines and priorities laid down by the Government. The depositor would be allowed to draw the balance amount in one or more installments through account payee cheques for any stated purpose of his choice. There will be no lock-in period for this deposit. Persons making such deposits will not be required to disclose the source of funds from which the deposits are made. In other words, the monies deposited would be provided complete immunity from enquiry and investigation. The provisions of Direct Tax Laws would, however, apply to the net deposits after deduction of the special levy, from the date of the deposit. The levy itself would not be an allowable deduction in the computation of income of the person concerned. Necessary legislation in this regard will be introduced shortly, in this session of Parliament. The details of the scheme and its date of commencement will also be announced soon.

68. The Income-tax Act contains a provision under which tax payers can avail of the facility of waiver of penalty and interest on the amount disclosed once in a life-time. To those who have already availed of this facility, I propose to give just one more opportunity to disclose their unaccounted incomes. The Finance Bill contains a proposal for making suitable amendments to section 273A of the Incometax Act for this purpose.

69. The Settlement Commission was set up to provide an opportunity to assessees to declare their undisclosed income and wealth. Under the existing procedures, the Commissioner of Income Tax can, on certain grounds, object to admission of an application by the Settlement Commission. This results in unnecessary delay. This provision is, therefore, being deleted. The Settlement Commission will, however, continue to call for and take into account the Commissioner’s report, provided it is furnished within a period of six months.

70. Our election manifesto has promised that we will promote reinvestment of profits, by suitable tax exemptions, in areas where there is crying need for massive investment such as low and middle income group housing, highways, roads and bridges, non-conventional energy, school buildings and supply of drinking water. I, therefore, propose to make a provision in the Income-tax Act to provide deduction, in computing taxable profits of a taxpayer carrying on a business or profession, of

the entire amount paid for financing projects or schemes promoting social and economic welfare. To ensure optimum use of scarce resources, I propose to set up a National Committee of eminent persons to identify areas requiring support and for recommending specific projects and schemes. A similar deduction will be allowed also in the case of taxpayers not carrying on any business or profession.

71. As a token of my commitment to education and research and in recognition of the significant role they have to play in our development process, I propose to extend certain tax concessions that will help in the funding of social science research and provide some incentive to authors and publishers.

72. At present, only taxpayers carrying on a business or profession get deduction for sums paid to any approved university, college or other institutions for research in social sciences related to the class of business carried on by them. I consider that there is a case for providing more tax incentives for social science research. I, therefore, propose to allow the same100 per cent deduction in respect of sums paid for research in these areas whether related to business or not. I also propose to allow this deduction to taxpayers not carrying on any business or profession.

73. The role of books, particularly in the context of our National Literacy Mission as well as the National Education Policy cannot be overemphasized. To encourage publication of better and less expensive books and to give a fillip to the publishing industry, I propose to revive, with effect from the current accounting period, the deduction of twenty per cent of profits from publication of books for a period of 5 years. To encourage the publication of quality text books in various Indian languages I also propose to revive the 25 per cent deduction from professional income of authors of text books in Indian languages. This will also be available for a period of five years, beginning with the current income-earning period.

74. Offshore country funds are emerging as important channels for attracting foreign institutional investment particularly from non resident Indians. India made a beginning in this direction in 1989. Of late, however, there are signs of diminishing interest of foreign institutional investors in off-shore India country funds. The comparative national tax structure is one of the key factors affecting the direction of international financial flow. I, therefore, propose to substantially reduce the rate of tax on dividend income received by the off-shore funds from the units of UTI or other mutual funds and on long-term capital gains from such units. On dividend income the proposed rate of tax will be 10 percent as against the existing rate of 25 percent. On long-term capital gains, I propose to have the same rate of 10 percent as against the effective rate of about 45 percent at present.

75. In the light of our deep emotional involvement with the struggle of the Black majority in South Africa and as a further affirmation of our commitment to South-South cooperation, I propose that donations to the AFRICA FUND be entitled to 100 per cent deduction under section 80G of the Income-tax Act.

76. The Government is committed to the welfare of our unfortunate handicapped citizens. In an effort to mitigate in some small measure their hardship, I propose to increase the deduction available under Section 80 U of the Income-tax Act in respect of totally blind or physically handicapped persons, from fifteen thousand rupees to twenty thousand rupees. The benefit of this tax concession is also proposed to be extended to partially blind persons.

77. Promotion of housing activity ranks high in Government’s socioeconomic priorities. Towards this objective, I propose to extend the benefit of tax rebate under section 88 of the Income-tax Act also to contractual schemes floated by public housing corporations like HUDCO and State Housing Boards along the lines of the Home Loan Account Scheme of the National Housing Bank. Further, the tax rebate under section 88 will also be available in relation to installment/repayment of loans towards cost of land and also in cases where the house was purchased or constructed before 1st April, 1987.

78. Our software industry has made considerable progress in recent years. However, there is still a vast unexploited potential for growth. It is time we make all-out efforts to capture the overseas software market. With this objective, I propose to extend the tax concession under section 80HHC of the Income-tax Act to export of software. With this concession, the exports of this industry should register rapid growth.

79. I also propose to extend the concession under section 80HHC to the export of processed minerals.

80. I consider that scientific, technical and professional skills, knowledge and experience possessed by our professionals in various fields like architecture, accounting etc. have an increasing capacity to earn foreign exchange for the country. Many of them carry on their professions as individuals or partnership firms. To enable them to benefit from the tax concession available under section 80-O, I propose to extend, to the non-corporate assessees, the concession presently available only to the corporate sector.

81. In order to encourage development of tourist infrastructure in regions where such facilities are almost non-existent today, I propose to exempt from Expenditure Tax for a period of ten years expenditure incurred in new approved hotels set up in hilly and other remote areas. I also propose to allow to such hotels a deduction of 50 per cent from their profits instead of the normal 30 per cent under section 80-I, subject to certain conditions.

82. As a token of my appreciation of the role of a healthy capital market in the development of our economy, I propose to raise the basic deduction of Rs 10,000 now available under section 48 of the Income-tax Act in respect of long-term capital gains to Rs 15,000.

83. As indicated earlier, I wish to take some positive steps to reverse the trend of decline in the proportion of direct tax revenues to total revenues. I therefore propose to raise additional resources this year through a greater reliance on direct taxes. I now turn to my proposals for ensuring better tax compliance and moblising revenues through the imposition of additional taxes.

84. To enable the Government to identify income earners, most of whom would not otherwise declare their income or would not declare their full income, I propose to extend the scheme of tax deduction at source to cover new areas of payments in the nature of commissions, interest paid by banks on time deposits and withdrawals from the National Savings Scheme. To minimise the inconvenience for small depositors, tax will be deducted at source only in respect of payments in excess of Rs.2500 per year. Those receiving payments in excess of the limit but not having taxable income will have the facility of collecting payment with no tax deduction by filing a declaration in the prescribed manner.

85 . The present provision for offsetting short-term capital losses against income leads to tax avoidance. I, therefore, propose that any loss on transfer of a capital asset will be set off only against gain from transfer of another capital asset. This is only logical. It should also stop the practice of buying short-term capital losses being resorted to by some unscrupulous tax payers.

86. Over the years, those with an instinct for gambling have increasingly patronised the races. I propose to withdraw the income-tax exemption of Rs.5000 in respect of earnings from races, including horse races. I am sure that persons who place bets will now also have the added pleasure of sharing their earnings from races with the Government.

87. Professor Kaldor once observed that no civilised society should have a maximum marginal rate of income tax higher than 45 per cent. We are firmly committed to a tax system which is simple, credible, yet progressive, in which people realise that honesty is the best policy. I expect to make a beginning in this direction as soon as we can overcome the present fiscal difficulties. I am confident that this process can be completed before the end of the five year term of our Government. Tax payers can help to accelerate the process of tax reform if all of them resolve to pay their income-tax dues fully and promptly. In the midst of a fiscal crisis however, such a change is not feasible. We must wait for better times. The best I can do under the circumstances, is what I propose to do this year : keep the personal income-tax rate structure including the surcharge unchanged. That I have not added to the burden of the taxpayer is, in itself, a relief. 8 8 . I have received several representations that wealth-tax rates need to be rationalised. I see considerable merit in these representations. However, taking into account the needs of revenue and also for want of time, I propose to make no change in the rates of wealth-tax.

89. For the purposes of levy of wealth-tax, the rules of valuation of assets aim at capturing their market value, or near about, as on the valuation date. I find that a distortion has crept into these rules. When an individual holds any asset in his name its valuation is at the market value. However, if a group of persons holds its assets through an investment company the taxable value of these assets gets reduced considerably because it is based on the book value and not on the market value. I, therefore, propose to remove this anomaly by providing that in valuing unquoted shares of an investment company, the break-up value of the share will be determined after revaluing the assets of the company at their market value.

90. I feel disappointed that the phenomenal growth in the output, value added and profits of the corporate sector, in recent years, has not been appropriately reflected in corporate tax collections. The experience of the preceding financial year, in particular, is a matter of serious concern. I am, therefore, raising the corporate tax rate for widely held companies, from 40 to 45 per cent. A corresponding increase of 5 percentage points from 45 to 50 per cent is being made in the corporate tax rate for closely held companies. I also propose to continue the existing surcharge of 15 per cent.

91. The traditional distinction in corporate tax rates between trading companies and industrial companies has outlived its utility. I therefore propose to remove this distinction.

92. I recognise that in the medium term the rates and structure of corporate taxation have to be consistent with the needs of an economy aiming to become internationally competitive. I shall attend to this task as soon as we have overcome the present fiscal crisis.

93. In our economy, labour is abundant and capital is scarce. These economic realities have to be reflected in our fiscal policy. Yet, over the years, the Indian economy has witnessed a disturbing shift towards greater capital intensity in production. This has led to distortion and avoidable hardship in cases where labour is replaced, or employment potential reduced, by resort to capital intensive methods of production, even in cases where such a shift is not justified on other economic and technical considerations. Fiscal incentives have been conducive to such a shift. While there can be no compromise with the imperatives of technological upgradation and continuous modernisation, the tendency towards excessive capital intensity in our industry must be checked.

94. The rates for depreciation prescribed in 1987, in relation to plant and machinery, are far too generous and provide much more than is needed to compensate for wear and tear. These rates of depreciation do not reflect the true economic life of business assets. An asset would be almost fully written off in six years at the present rate of 33.33 per cent applicable to the bulk of plant and machinery. I think an eight year period would be more reasonable taking into account the pace of technological change in India, the true economic life of the business assets, and the need to discourage tax induced replacement of assets. Therefore, I propose to reduce the general rate of depreciation for machinery and plant from 33.33 per cent to 25 per cent. I also propose to reduce the rate of depreciation for aeroplanes, motor buses, motor taxis and some other equipments from 50 per cent to 40 per cent, which would mean almost complete recoupment of cost in six, instead of five years. However, to encourage use of energy saving devices and renewable energy devices, I propose to continue to provide 100 per cent depreciation on such items of plant and machinery as also some others. Further, I also propose to restrict the rates of depreciation to 50 per cent of the normal rates of depreciation in cases where the asset is used for less than 6 months in a year.

95. Tax support to special institutions may be necessary in their nascent stage. However, it should not be extended in perpetuity. Such institutions must strive to become self-reliant. The Industrial Development Bank of India (IDBI) has been enjoying complete tax exemption in respect of its income since its inception, unlike other public financial institutions. I propose to withdraw this tax exemption, which is no longer necessary.

96. In 1987, the Government had introduced a tax on ostentatious expenditure. It is in the form of a tax of 20 per cent of expenditure incurred in hotels where the room rent exceeds Rs.400 per day. I propose to extend the coverage of this tax to the expenditure incurred in restaurants providing superior facilities like airconditioning. This tax will be levied at the rate of 15 per cent of such expenditure.

97. In view of the binding fiscal constraints and the need to mobilise resources, I propose to revive the interest-tax which was first introduced in 1974 and withdrawn in 1978, re-introduced in a modified form in 1980 and finally withdrawn in 1985. I am enlarging, slightly, the coverage of this tax. The new tax will be levied on the gross amount of interest received by all banks, financial institutions and nonbanking financial companies in the corporate sector on loans and advances made in India. These institutions would reimburse themselves by making necessary adjustments in the interest rates charged from borrowers. The proposed tax is expected to raise the cost of borrowing and yield revenue to the Government. It should, therefore, have both monetary and fiscal impact.

98. The proposed tax will be levied at the rate of 3 per cent of the gross amount of interest earned by banks, financial institutions and financial companies on loans and advances made in India. Interest received on transactions between the various credit institutions will be exempted from the proposed tax. The proposed tax will operate prospectively and interest accruing before 1st October, 1991 will not be taxed. The proposed tax will be allowed as a deduction in computing taxable income under the Income-tax Act.

99. I do not propose to take up the time of the House with other minor changes in the Direct Tax Laws.

100. My proposals on direct taxes are estimated to yield a net revenue gain of Rs.2139 crores. Of this amount, Rs.97 crores will accrue to the States.

101. Honourable Members of the House are aware that the balance of payments situation is exceedingly difficult. In order to attract larger inflows of foreign exchange, I propose to introduce two schemes.

102.Under the first scheme, I propose that remittances in foreign exchange can be made to any person in India. Even if the remittance is received as a gift by the donee in India, it would not be subjected to gift tax. The source of funds out of which the remittances are made would not be subject to scrutiny under the Direct Tax Laws and Exchange Control Regulations. In other words, I propose to provide immunity for such remittances under these laws. The provisions of Direct Tax Laws will apply in the normal manner to the rupee proceeds of these remittances. The scheme will come into immediate effect and will be open until close of business on 30th November 1991. The details of the scheme will be announced by the Reserve Bank of India. I also propose to introduce the necessary legislation in this regard as early as possible before this House.

103. Under the second scheme, the State Bank of India would issue India Development Bonds to be denominated in US dollars. These bonds will be available for purchase by non-resident Indians and their overseas corporate bodies. There will be no ceiling for investment in these bonds which will have a maturity period of five years. The bonds will be fully transferable among non-resident Indians. Interest from the bonds will be exempt from income tax. The bond itself would also be exempt from wealth tax until maturity. For the non-resident holder, the face value of the bond and the interest thereon would be repatriable with exchange rate protection. The bonds can also be gifted to residents, who would be provided with amnesty and immunity, as in the first scheme for inward remittances. Such amnesty and immunity will be available only to the first resident donee. The gift would be exempt from gift tax. The resident donee bond holder would also be entitled to exchange rate protection, and the same exemption from income tax and wealth tax, until maturity, but the proceeds will be paid only in rupees in India and would not be remittable abroad. The bonds will be available for sale at all important branches of the State Bank of India abroad until close of business on 30th November 1991. The details of the scheme will be announced by the Reserve Bank of India. I would also bring before this House the necessary legislation at the earliest.

104. In formulating my proposals on indirect taxes, I have kept in mind the wider context. In keeping with the promises made in the election manifesto of our party, we have also to ensure that prices of essential commodities and goods used by the common man are kept well under check. Conspicuous consumption must be curbed and the burden of taxation should be borne by the more affluent sections of the society. In the light of these imperatives, I have attempted to structure the proposals for customs and excise levies in a manner that indigenous industries are encouraged, and, at the same time, imports of items required for export production are not thwarted. In the long term, if revenues are buoyant and tax compliance improves, I expect to bring down the rates of customs and excise levies. Even now, some moderation in import duties is being attempted and a more broad-based effort may be attempted to streamline the structure and reduce the rates in the next budget. I have also tried to ensure that the proposed changes improve competitiveness of the industrial sector, particularly the export oriented industries.

105. It is my intention to rationalise and simplify the procedures, rules and regulations pertaining to indirect taxes, so that the delays in the system are eliminated, and the interface between the tax collector and the tax payer is reduced to the minimum. Given the paucity of time, it has not been possible to undertake such an exercise in this budget, but we should be able to formulate concrete measures soon as a part of structural reforms in the tax system.

106. Recent years have witnessed an excessive reliance on indirect taxes for additional resource mobilisation. This escalates costs, fuels inflation and is regressive in its impact. Therefore, I have not relied on indirect taxes as the major source of resource mobilisation. Indeed, the overall impact of my proposals for customs and excise levies is revenue negative in so far as the Central Government is concerned.

107. In the sphere of customs duties, over time, the objective of protection for infant industries and the need to raise revenues have led to a situation where import duties prescribed for certain items are inordinately high and, in several cases, more than 300 percent. As a measure of reform, I propose to reduce the ad valorem rate of basic plus auxiliary duties of customs to a maximum of 150 per cent where it is more than that at present, thereby eliminating the tariff peaks above 150 per cent. The only exceptions that would remain hereafter are imported alcoholic beverages and passenger baggage. The revenue loss on this account would be Rs.132 crores in a full year.

108. In view of the deterioration in the fiscal situation last year, auxiliary duty of customs was increased across-the-board, with effect from 15th December, 1990, so as to mobilise additional resources. The increase was not quite rational and was asymmetric in its incidence. In some cases, the auxiliary duty went up by 20 percentage points - from 5 per cent to 25 per cent and from 30 per cent to 50 per cent, while in some others, by just 5 percentage points i. e., from 45 per cent to 50 per cent. This steep and uneven increase imposed a very high burden of duties on certain items, and also led to distortions in the overall rate structure. In order to remove the anomalies which had been created and rationalise rates of duties, I propose to give a duty relief of 10 percentage points to almost every item which suffered an increase of 20 percentage points. Moreover, on certain items, which are important from the point of view of environmental protection, export promotion, saving of foreign exchange and so on, I propose to roll back the rates to levels prevailing before 15th December, 1990. These items include waste paper, wood in the rough, jigat used in the manufacture of Agarbattis, ethylene, machinery for fuel injection equipment and certain items of machinery for printing and the newspaper industry. These proposals will result in a revenue loss of Rs.472 crores in a full year.

109. The prevailing rates of import duty on capital goods for general projects and machinery are, in general, high. While I cannot make a substantial reduction at this stage because of the revenue implications, which are considerable, I propose to reduce the level of duties from 85 per cent to 80 per cent. In tandem, the rate of duty on their components is also being reduced by 5 percentage points, from the existing levels of 65 or 70 percent. This proposal would mean a revenue loss of Rs. 167 crores in a full year.

110. A technology upgradation scheme was launched in 1987 by the late Shri Rajiv Gandhi. Under this scheme, fiscal relief was provided on import of capital equipment for the manufacture of power generation equipment, paper machinery, textile machinery and many others to promote domestic production of such machinery. The scheme has been instrumental in bringing about considerable improvement in the quality of machines produced in India. In order to give a further thrust to the scheme, I propose to expand the list of machinery items which will now attract a concessional duty of 50 per cent. The revenue loss on this account is estimated at Rs. 5 crores in a full year.

111. We have recently taken several innovative steps to give an impetus to our exports. I would now like to outline some fiscal measures which will give a further boost to the export effort.

112. At present 100 per cent export oriented undertakings or units in a free trade zone are allowed to divert a certain proportion of their production to the domestic market. However, the present stipulation, that excise duty payable must be equal to the import duty, has proved to be a deterrent. These units have to be fostered if they are to compete effectively in the international market; for this purpose they should not be prevented from creating a niche in the domestic market. Accordingly, I propose to reduce the excise duty on the goods, permitted to be sold in the domestic market under the scheme, to a level which would be equivalent to half the import duty leviable on such goods subject, inter alia, to the condition that the duty would not be less than the excise duty levied on similar items produced in the domestic tariff area.

113. To promote the growth of the marine products industry, fiscal relief has been given by way of customs duty concession on specified machinery items required by this industry. I propose to extend the duty concession to a few more items of such machinery. Out of my concern for the welfare of our fishermen, I also propose to fully exempt from excise duty specified yarns which are generally used for making fish-nets.

114. In order to encourage the growth of the finished leather industry and also as a measure of export promotion, I propose to reduce the basic and auxiliary duties of customs on polyurethane film and foil, as well as polyols from 150 per cent to 40 per cent. The duty on isocyanates is being reduced from 120 per cent to 40 per cent. The import duty on two important leather preservatives, namely TCMTB and PCMC, is being reduced from over 150 per cent to 50 per cent. These preservatives will replace certain other chemicals which are suspected to have carcinogenic effects. I also propose to extend the concessional duty, available at present to specified capital goods required by the leather industry to a few more items of such machinery.

115. Synthetic cubic zirconium, which is the closest imitation of natural diamonds, has the potential to provide job opportunities for a large number of artisans. The jewelry made therefrom also has a significant export potential. In order to encourage indigenous manufacture of cubic zirconium, I propose to reduce the import duty on the raw materials viz. zirconium oxide and yttrium oxide to the level of 40 per cent from the present level of over 150 per cent.

116. Our Government attaches the highest priority to agriculture. One of the promises made in our election manifesto is to provide a massive thrust to food processing and other agro-based industries, in an endeavour to increase the income of farmers, create employment opportunities, diversify the rural economy and foster rural industrialisation. As an important step in this direction, I propose to exempt agro-based products such as sauces, ketchup, butter, cheese, skimmed milk powder, vegetable oils, jams, jellies and juices, canned fruits and dried vegetables, certain soya products, starches and preparations of meat and fish from excise duties altogether. I am doing so to promote the diversification of our agricultural economy, to increase the farmers’ share of the consumer’s income spent on processed

agricultural products, to promote rural industrialisation based on agricultural produce and to encourage the adoption of modern post-harvest technologies. The measures I have proposed, I expect, will also lead to some reduction in consumer prices of such products, providing relief to the harassed consumers in a period of rising prices. The revenue loss will be Rs.84 crores but I am convinced that the overall gain to the economy will more than offset the loss to the exchequer.

117. As a relief to the agro-based jute industry, which has been beset with chronic problems, I propose to reduce the excise duty on products which contain a minimum of 35 per cent of jute fibre from Rs.660 to Rs.330 per metric ton.

118. At present a number of specified bulk pesticides and pesticide intermediates enjoy concessional import and excise duties. I propose to extend the duty concession to a few more bulk pesticides and pesticide intermediates. The proposals involve a revenue loss of about Rs.11 crores in a full year.

119. There is a money credit scheme in vogue to encourage the use of minor oils for the manufacture of soaps. I propose to increase the money credit of Rs.640 per metric ton that is currently available in respect of rice bran oil used in the manufacture of soap to Rs. 1000 per metric ton. In addition, I propose to include some more non-conventional oils and solvent extracted oils in the scheme. This would also help in generating more employment for our tribal women. These proposals involve a revenue sacrifice of about Rs 10 crores in a full year.

120. The MODVAT scheme was introduced in 1986 to minimise the cascading effect of indirect taxes. The scheme has been well received by the industry, and there have been persistent demands for its extension to other areas. I propose to reintroduce the scheme in respect of aerated waters, and also to extend it to cover man-made fibres and filament yarns in respect of their inputs. While extending the scheme to fibres and yarns, I do not propose to raise the duty on those fibres and yarns on which the duty was increased as recently as December, 1990. On other fibres and yarns, the duty rates have been adjusted with a view to retaining the collection of excise duties at the earlier level. But duties on polypropylene monofilament and multifilament yarns are being increased to raise additional revenue. In respect of aerated waters also, I do not propose any increase in duty. The proposals involve a revenue loss of about Rs.230 crores in a full year. I expect that the benefit would be passed on to the consumers in the form of reduced prices.

121. I propose to rationalise the existing excise duty rates on polyester blended yarns. As an anti-evasion measure, I also propose to charge additional excise duty on cotton fabrics containing 40 per cent or less of polyester at the same rates as applicable to cotton fabrics containing more than 40 per cent of polyester. The proposals involve a revenue gain of about Rs. 23 crores in a full year.

122. In our effort to make essential drugs available to the people at affordable prices, I propose to fully exempt five specified anti-epileptic formulations from excise duty. At present, some drug intermediates and bulk drugs carry a concessional rate of import duty. I wish to extend the concession to a few more drug intermediates and bulk drugs, and grant concessions in excise duties to a few more drug intermediates.

123. In keeping with our commitment to give special priority to cottage, khadi and village industries, I propose to give some excise duty concessions to this sector. At present, footwear of value not exceeding Rs.100 per pair manufactured in rural areas by registered co-operative societies, women’s societies or by institutions recognised by KVIC, are fully exempted. I propose to raise the value limit of exemption to Rs. 150 per pair. Further, I propose to extend to synthetic detergents the benefit of full exemption from excise duty that is presently available to specified products when manufactured in rural areas by registered co-operative societies, women’s societies, institutions recognised by KVIC etc.

124. I would now like to outline some of the steps that I propose for the protection of our environment and for ecological security. In view of our dwindling forest cover, we must conserve our scarce resources. Therefore, as I have stated earlier, the import duty on waste paper and wood in the rough is proposed to be rolled back to the rates that were prevailing before 15th December, 1990. I also propose to fully exempt from excise duty aluminium doors, windows and their frames so as to encourage the use of aluminium in the place of wood in construction activities. Fly ash is a pollutant. It can, however, be put to productive use in the manufacture of bricks and other construction materials. In order to encourage such use, I propose to fully exempt from excise duty various building components containing more than 25 per cent of fly ash or phosphogypsum. I also propose to exempt phosphogypsum which is one of the bye-products of the fertilizer industry from excise duty to encourage its use by farmers.

125. Few would disagree that I am one of the most harassed Finance Ministers in recent times. To perform the onerous task before me, I need support from the Press. As a gesture of goodwill, I propose to exempt standard newsprint from import duty which is, at present, Rs. 450 per metric ton. I have already proposed to bring down the rates of import duty on certain specified machinery and equipment required by the printing and newspaper industry to the levels that were obtaining before 15th December 1990. The monetary limit of duty free import of photographic goods by accredited cameramen of the Press is being raised from the present level of Rs. 30,000 to Rs. 60,000. These proposals involve a revenue loss of over Rs. 9 crores in a full year.

126. Ever since my appointment as Finance Minister, I have had to spend long hours in office. This has quite naturally made my wife very unhappy. The House will agree that it is not good for the health of our economy if the Finance Minister of the country has strained relations with his own finance minister at home. I propose that the total exemption from payment of excise duty currently available to utensils made of aluminium, copper and stainless steel be extended to certain other household items particularly tiffin boxes.

127. The same consideration has induced me to propose a reduction in the excise duty on specified tableware produced by semi-automatic process from the present level of 20 per cent to 15 per cent. Mindful of the need for peace at home and also taking into account the labour intensive nature of the manufacture of glassware by the mouth blown process, I propose to reduce the excise duty on such glassware to 15 per cent uniformly. Some people may not applaud my action. But I am sure most housewives harassed by the ever rising price level will appreciate my action.

128. In keeping with the commitment in our election manifesto, I shall make every effort to ensure that indirect taxes do not unduly add to the prices of essential commodities. Of the items listed in the manifesto, at present, there is no excise duty on salt, cycles, newsprint, post cards, inland letters and envelopes, and certain varieties of stoves. Cotton sarees and dhoties attract only additional excise duty in lieu of sales tax which accrues wholly to the State Governments. I have earlier proposed to fully exempt edible oils from excise duty. Electric bulbs of upto 60 watts, are already exempt from excise duty. I now propose to fully exempt electric bulbs, of higher wattage, which presently attract a duty of Re. 1 per bulb, from the payment of excise duty. Energy efficient chulhas, too, would be exempted from excise duty. I also propose to reduce the excise duty on two wheelers of engine capacity exceeding 50 cc but not exceeding 75 cc from 20 per cent to 15 per cent.

129. I recognise that the tax reliefs I have given, by themselves, constitute only a small step towards the realisation of the objective mentioned in our manifesto in regard to prices of essential commodities. In pursuit of this objective, I propose to invite the representatives of industry and trade to sit together with our Government to work out modalities as to how best we can contribute to the realisation of the price objectives listed in our election manifesto, for the benefit of the common man.

130. In order to promote tourism which is an important means of earning foreign exchange, I propose to reduce the import duty on adventure sports equipment from rates ranging from about 100 to 300 percent to 40 per cent.

131. In keeping with the recent exchange rate adjustments of the rupee, I propose to raise the baggage allowances including duty free limits for bona fide gifts suitably; for instance the general duty free allowance for personal baggage is being raised from Rs.2000 to Rs.2400.

132. Let me now turn to the major proposals for additional revenue mobilisation.

133. At present special excise duty is being levied at the rate of 5 per cent of the basic excise duty. I propose to raise it to 10 per cent. Since the increase is only a percentage of the basic excise duty, the impact of the additional levy would be minimal on prices. For instance, in respect of any article on which the basic excise duty is say, 20 percent, the increase would be only 1 percent of the value. Tea, coffee, sugar, kerosene, matches, and vanaspati, being items of mass consumption, would remain exempt from special excise duty. In addition, I am ensuring that the increase in special excise duty will not apply to diesel and two wheelers. The proposal involves a revenue gain of Rs. 1010 crores in a full year, a substantial portion of which will accrue to the States.

134. One of the promises made in our election manifesto is to evolve policies and measures to curb conspicuous consumption. In pursuance of this, I propose to increase the excise duty rates on refrigerators, air-conditioners including compressors, motor cars, audio and video cassette tapes, video cassettes, picture tubes, colour television sets, VCRs and VCPs. 135.I propose to increase the excise duty on refrigerators by amounts varying from Rs.200 to Rs.800 depending upon the capacity, and in the case of airconditioners, by amounts varying from Rs.2000 to Rs.30000. I also propose to raise the excise duty on compressors for air conditioners of a capacity not exceeding 7.5 metric ton by Rs. 1800. The expected additional revenue from these proposals is about Rs.91 crores in a full year.

136. Motor cars at present attract excise duty at the rate of 50 per cent. I propose to increase the excise duty to 60 per cent. The duty on taxis at 30 per cent will, however, remain unchanged. The proposal will yield an additional revenue of Rs.150 crores per year.

137. I propose to increase the excise duty on audio cassette tapes from Rs 3 to Rs 5 per sq. metre and on video cassette tapes from Rs 10.50 to Rs 15 per sq. metre. The estimated revenue gain from the proposal will be Rs.29 crores in a full year.

138. As regards colour television sets, I propose to increase the excise duty by Rs.500 and Rs.750 per set, depending on the screen sizes. I propose to raise the excise duty on colour picture tubes as well. I am exempting all black and white television sets from excise duty and shifting the burden to picture tubes. I also propose to increase excise duty on VHS type VCRs and VCPs by Rs.400 per set and Rs. 250 per set, respectively, and on other types of VCRs and VCPs, from 25 per cent to 30 per cent. The revenue gain on this account is Rs. 66 crores in a full year.

139. Every Finance Minister has to do his bit to curb smoking, which is injurious to health. I must also fall in line and add to the tax on cigarettes. In respect of nonfilter cigarettes, I propose to raise the duties by Rs.10 to Rs.25 per thousand cigarettes depending upon the length. In respect of filter cigarettes, the increase will be between Rs.35 and Rs.125 per thousand cigarettes. However, filter cigarettes exceeding 85 mm will attract the ceiling rate prescribed in the excise tariff. This will give us additional revenue to the extent of Rs. 300 crores in a full year.

140. The excise duty on hand-made branded biris is Rs 3.75 per thousand. Although the duties on cigarettes have been increased almost every year, excise duties on biris have remained unchanged since 1986. I feel that biri smokers should not be denied the opportunity of increasing their share of contribution to the national exchequer. I accordingly propose to increase the duty on hand-made branded biris, other than paper rolled biris to Rs 4.50 per thousand. Paper rolled biris will attract a duty of Rs.10 per thousand. The present exemption on other hand made biris would, however, continue. The expected additional revenue is Rs.33 crores in a full year.

141. Pan masala not containing tobacco attracts a specific rate of excise duty. I propose to raise the excise duty on the same by Rs.5 and Rs.10 per kg. Depending on its value. This involves a revenue gain of Rs.4 crores in a full year.

142. The excise duty on sugar, which is levied on a specific basis, has remained unchanged since 1983, with the result that the ad-valorem incidence has come down as the price of sugar has increased considerably over this period. In ad valorem terms, the present incidence of excise duty on levy sugar is more than the incidence on free sale sugar. In order to correct the situation, I propose to increase the excise duty on free sale sugar from the present level of Rs.50 to Rs.71 per quintal. This would mean an additional tax burden of 21 paise per kilogram of free sale sugar which costs about Rs.10 per kg in the market place. This proposal is expected to yield an additional revenue of Rs.122 crores in a full year. I would like to make it clear that I am not proposing any increase in excise duty on levy sugar which is sold through the public distribution system.

143. I propose to exclude khandsari sugar from the list of items chargeable to additional excise duty. The State Governments will be free to levy sales tax on khandsari sugar, if they so desire.

144. Molasses which is a bye-product of the sugar industry is presently subject to excise duty at the rate of Rs.120 per metric ton. A substantial portion of molasses is used in the manufacture of liquor. In the circumstances, it can bear a higher rate of duty. Accordingly, I propose to increase the excise duty on molasses to Rs.150 per metric ton. The estimated revenue gain from the proposal is Rs.13 crores in a year.

145. The details of the revenue implications of the measures announced are given in the Explanatory Memorandum to the Finance Bill.

146. I have also proposed certain amendments in the Finance Bill seeking to effect changes in the Customs Act, and excise and customs tariffs. These include certain consequential amendments to the customs tariff based on the amendments to the Harmonised Commodity Description and Coding System which has been adopted by our country in terms of the International Convention on the Harmonised System. The amendments are merely enabling provisions and do not have significant revenue implications. Besides, there are proposals for amendment of some of the existing notifications. In order to save the time of the House, I do not propose to recount them.

147. The increases in excise duties will lead to a revenue gain of Rs.1799.00 crores while the reliefs will amount to Rs. 358.06 crores in a full year. The net revenue gain from excise duties is thus Rs.1440.94 crores in a full year, of which the States will get Rs.750.04 crores leaving the balance of Rs.690.90 crores for the Centre. The proposals in regard to changes in the customs duties imply a revenue loss of Rs.822.52 crores and a revenue gain of Rs.78.00 crores in a full year. The net impact of the proposals relating to customs duties is a loss of Rs.744.52 crores in a full year. Thus, as compared with the additional net revenue of Rs.696.42 crores from customs and excise duties, the States would gain Rs.750.04 crores, while the Centre would lose Rs. 53.62 crores in a full year.

148. Copies of notifications giving effect to the changes in customs and excise duties effective from 25th July 1991, will be laid on the Table of the House in due course.

149. The proposals I have made in regard to direct taxes will yield Rs.2139 crores of which Rs. 97 crores will accrue to the States and Rs.2042 crores to the Centre. My proposals in regard to customs duties will involve a net revenue loss of Rs.510 crores in the current year while those relating to Union excise duties are estimated to yield a net additional revenue of Rs. 988 crores in the remaining part of the current year of which Rs. 515 crores will be the share of States and Rs. 473 crores will be retained by the Centre. Taking both direct and indirect taxes into account, the net gain to the Centre in the current year is estimated at Rs. 2005 crores and with this, the budgetary deficit of the Centre for the current year is estimated at Rs. 7719 crores, the revenue deficit at Rs. 13854 crores and the fiscal deficit at Rs. 37727 crores.

150. Sir, I have now nearly come to the end of my labour. Before I conclude, let me end on a personal note. Years ago, in a letter which Jawaharlal Nehru wrote to the young Indira Gandhi, he advised her that in dealing with the affairs of the State one should be full of sentiment but never be sentimental. But the House will forgive me if on an occasion like this I cannot avoid being somewhat sentimental.

151. I was born in a poor family in a chronically drought prone village which is now part of Pakistan. University scholarships and grants made it possible for me to go to college in India as well as in England. This country has honoured me by appointing me to some of the most important public offices of our sovereign Republic.

This is a debt which I can never be able to fully repay. The best I can do is to pledge myself to serve our country with utmost sincerity and dedication. This I promise to the House. A Finance Minister has to be hard headed. This I shall endeavour to be.

I shall be firm when it comes to defending the interests of this nation. But I promise that in dealing with the people of India I shall be soft hearted. I shall not in any way renege on our nation’s firm and irrevocable commitment to the pursuit of equity and social justice. I shall never forget that ultimately all economic processes are meant to serve the interests of our people. It is only through a commitment to social justice and the pursuit of excellence that we can mobilise the collective will of our people for development, to give it a high moral purpose and to keep alive the spirit of national solidarity. The massive social and economic reforms needed to remove the scourge of poverty, ignorance and disease can succeed only if backed by a spirit of high idealism, self sacrifice and dedication.

152. The grave economic crisis now facing our country requires determined action on the part of Government. We are fully prepared for that role. Our party will provide an effective Government to our country. Our people are our masters. We see the role of our Government as one of empowering our people to realize their full potential. This budget constitutes a vital component of a comprehensive vision, a well thought out strategy and an effective action programme designed to get India moving once again.

153. Sir, I do not minimise the difficulties that lie ahead on the long and arduous journey on which we have embarked. But as Victor Hugo once said, “no power on earth can stop an idea whose time has come.” I suggest to this august House that the emergence of India as a major economic power in the world happens to be one such idea. Let the whole world hear it loud and clear. India is now wide awake. We shall prevail. We shall overcome.

154. With these words, I commend the budget to this august House.

[24th July, 1991]

Truth Behind the Indo Lanka Peace Accord

2009-12-26T09:56:00.000+05:30

Political Solution to Sri Lanka: is one of the popular topics being discussed these days. The Political Solution for the Sri Lankan political issues, was initiated by HE JR Jayawardena and Indian Prime Minister Rajeev Gandhi. This agreement is well known as Indo Lanka Peace Accord. The most important fact is that this is the first ever incident happened after the independence, which involved an external party in an internal matter. There are number of political aspects around this agreement. It is not merely bring peace to people but there were many hidden intentions initiated.

This article discusses the step by step incidents that ultimately resulted in Indo Lanka Agreement. Further this discusses the Russian factor which could have had a big influence indirectly. Remember that this was the Soviet Union's demanding time. This article is mainly based on Wiki sources.

Click on the title to view the full content...

What is Indo Sri Lanka Accord:

The Indo-Sri Lanka Accord was a bilateral agreement signed in Colombo on July 29, 1987, between Indian Prime Minister Rajiv Gandhi and Sri Lankan President J.R. Jayewardene. The accord was aimed at resolving the ongoing conflict in Sri Lanka. It was, to a large part, forced upon the Sri Lankan administration, and there were widespread protests against India in Colombo following the singing of the accord.

Now lets look at what made this agreement:

1. J R Jayawardana won the general election in 1977 with more than 4/5 of majority in the parliament.

2. Unleashing of free economy resulted in temporally economic boom in the country. Foreign Investments came into the country. Youth got thousands of employment opportunities. This was actually a temporary boost in the country as no one paid attention to the long term drawbacks of open economic policies. People were suffered during the Sirimavo's government as it purely based on self sustainable economy. Further she tried to implement it withing few years resulted in making shortages of number of essentials good and services. The concept was good but the approach she took ultimately resulted in giving the majority to the opposition in the next general election. The economy was opened within one day and all the shortages became excesses due to imported products.

3. However, this short sighted politician did not for see the growth of separatist terrorism in the North. Young Tamil groups kept on grouping to fight against the government to win their demands. JR actually did not pay much attention for this matter as he thought this would get sorted out with the development of the country. I would say none one even seen this upcoming terrorist problem

4. The eruption of 1983 riots which were completely orchestrated by dictatorial UNP regime. This is a common understanding. The riot was backed by the government. In fact it could have been stopped at the early stage but government did not want to do it. Tamil community was basically under attack and it has resulted in them developing the faith on LTTE as their saviors. This is the biggest damage happened during JR time. LTTE could won the Tamil people. There were so many Tamil people who never work for LTTE or followed them. But after this riot almost all of them started to build up faith on LTTE which made this problem even worst.

5. India was committed to more planned and managed national economy and economy was growing steadily. Indian politicians face with the challenge to convince their people to keep with original planned national economy in the light of temporary boost in Sri Lankan open economy. The fact is that Indian economic policy is very good and they have been working on it with a long term vision. The economic boost created some uncomfortable feeling in Indian people as they could not stand with Sri Lankan development than them.

6. Rajiv Gandhi took the easy approach and decided to support the growing Tamil terrorism in Sri Lanka to destabilize Sri Lankan economy. Unofficial sources said that once LTTE was trained in India and were given military equipment.

From Wiki: India had, initially under Indira Gandhi^[7]^[8]and later under Rajiv Gandhi, provided support to Tamil interests from the very conception of the secessionist movement. This included providing sanctuary to the separatists, as well as support the operations training camps for Tamil guerrillas in Tamil Nadu^[9] of which the LTTE emerged as the strongest force.

7. From 1985 however, the Sri-Lankan Government started rearming itself extensively for its anti-insurgent role with support from Pakistan, Israel, Singapore and South Africa.

8. In 1986, the campaign against the insurgency was stepped up and in 1987, retaliating an increasingly bloody insurgent movement, Operation Liberation was launched against LTTE strongholds in Jaffna Peninsula, involving nearly four thousand troops

9. In June 1987, the Sri Lankan Army laid siege on the town of Jaffna

10. As civilian casualties grew calls grew within India to intervene in what was increasingly seen in the Indian (and Tamil) media as a developing humanitarian crisis, especially with reports use of aerial support against rebel positions in civilian areas. India, which had a substantial Tamil population in South India faced the prospect of a Tamil backlash at home, called on the Sri Lankan government to halt the offensive in an attempt to negotiate a political settlement

11. Following the failure of the naval mission, the decision was made by the Indian government to mount an airdrop of relief supplies in support of rebel forces over the besieged city of Jaffna. On 4 June 1987, in a blatant show of force, the Indian Air Force mounted Operation Poomalai in broad daylight. Five An-32s of the Indian Air Force under cover of heavily armed Indian fighter jets flew over Jaffna to airdrop 25 tons of supplies, all the time keeping well within the range of Sri Lankan radar coverage. At the same time the Sri Lankan Ambassador to New Delhi was summoned to the Foreign Office to be informed by the Minister External Affairs, K. Natwar Singh, of the ongoing operation. It was also indicated to the Ambassador that if the operation was in any way hindered by Sri Lanka, India would launch a full-force military retaliation against Sri Lanka.The ultimate aim of the operation was both to demonstrate the credibility of the Indian option of active intervention to the Sri Lankan Government, as a sympbolic act of support for the Tamil Rebels, as well to preserve Rajiv Gandhi's credibility.

12. Faced with the possibility of an active Indian intervention and facing an increasingly war-weary population at home, the Sri Lankan President, J. R. Jayewardene, offered to hold talks with the Rajiv Gandhi government on future moves. The siege of Jaffna was soon lifted, followed by a round of negotiations that led to the signing of the Indo-Sri-Lankan accord on July 29, 1987 that brought a temporary truce. The terms of the truce specified that the Sri Lankan troops withdraw from the north and the Tamil rebels disarm,and saw the induction of the IPKF peace keeping force in Sri Lanka. as a

13. In 1990, India withdrew the last of its forces from Sri Lanka, and fighting between the LTTE and the government resumed. The Liberation Tigers of Tamil Eelam and government forces committed serious human rights violations against one another.

Now the problem is why Indian army withdrew from Sri Lanka even after sacrificing hundreds of Solders lives for the battle. The reason is Indians was not welcomed by the JR's successors. President Premadasa openly criticized the accord and supported LTTE not only by criticizing but also by physical help. Basically Premadasa helped LTTE to fight with the Indian Peace keeping Army.

Now lets see the Russian influence on this matter:

India was having a close relationship with the Soviet Union. They had many trade as well as military agreements between two nations. India deals closely with Soviet Union as a result of China and Pakisthan factors. India wanted to be the leader of the sub continent and therefore kept a very good relationship with Russia.

When JR was approaching countries like Israel, Pakisthan who were then backed by US, to eliminate the rebels, India did not let it happen. Then only these humanitarian factors brought up and finally they could send their army to Sri Lanka through the Indo Lanka peace accord. For the first time in the independent Sri Lankan history Indian Army operated officially inside Sri Lanka. This was I think backed by Russia then Soviet Union as they were in the Cold War. No one likes to see US involvements in Asia. As a result all these peace missions came in.

Suddenly Soviet Russia collapsed. The power of Russia weaken. India was lost. JR's successor did not have good relationship with India. India then realized their approach should be changed. Their battalions were recalled to India. I think this is what happened.

Facts with Russia: Click here for the source

India had depended heavily on the Soviet Union for military hardwareand political support against both China and Pakistan. America and China, with which India had once fought a disastrous border war, both had close ties to Pakistan. It took prickly India a long time but, having opened up to more Western investment, it then improved relations with America: a needed counterweight to a China that loomed larger as Russian influence and largesse fell away.

Wiki:

During the 1980s, despite the 1984 assassination by Sikh extremists of Prime Minister Indira Gandhi, the mainstay of cordial Indian-Soviet relations, India maintained a close relationship with the Soviet Union. Indicating the high priority of relations with the Soviet Union in Indian foreign policy, the new Indian prime minister, Rajiv Gandhi, visited the Soviet Union on his first state visit abroad in May 1985 and signed two long-term economic agreements with the Soviet Union. In turn, Gorbachev's first visit to a Third World state was his meeting with Gandhi in New Delhi in late 1986. Gorbachev unsuccessfully urged Gandhi to help the Soviet Union set up an Asian collective security system. Gorbachev's advocacy of this proposal, which had also been made by Brezhnev, was an indication of continuing Soviet interest in using close relations with India as a means of containing China. With the improvement of Sino-Soviet relations in the late 1980s, containing China had less of a priority, but close relations with India remained important as an example of Gorbachev's new Third World policy

Following is the full content of the Indo Lanka Peace Accord:

To establish peace and normalcy in Sri Lanka
The president of the Democratic Socialist Republic of Sri Lanka, his excellency Mr. J.R. Jayawardene, and the Prime Minister of The Republic of India, His Excellency Mr. Rajiv Gandhi, having met at Colombo on July 29, 1987.
Attaching utmost importance to nurturing, intensifying and strengthening the traditional friendship of Sri Lanka and India, and acknowledging the imperative need of resolving the ethnic problem of Sri Lanka, and the consequent violence, and for the safety, wellbeing and prosperity of people belonging to all communities of Sri Lanka.
Have this day entered into the following agreement to fulfill this objective
1. In this context,

1.1 Desiring to preserve the unity, sovereignty and territorial integrity of Sri Lanka:

1.2 Acknowledging that Sri Lanka is a "multi-ethnic and a multi-lingual plural society" consisting, inter alia, of Sinhalese, Tamils, Muslims (Moors) and Burghers:

1.3 Recognising that each ethnic group has a distinct cultural and linguistic identity which has to be carefully nurtured:

1.4 Also recognising that the Northern and the Eastern Provinces have been areas of historical habitation of Sri Lankan Tamil speaking peoples, who have at all times hitherto lived together in this territory with other ethnic groups:

1.5 Conscious of the necessity of strengthening the forces contributing to the unity, sovereignty and territorial integrity of Sri Lanka, and preserving its character as a multi-ethnic, multi-lingual and multi- religious plural society, in which all citizens can live in equality, safety and harmony, and prosper and fulfill their aspirations:

2. Resolve that:

2.1 Since the Government of Sri Lanka proposes to permit adjoining provinces to join to form one administrative unit and also by a Referendum to separate as may be permitted to the Northern and Eastern Provinces as outlined below:

2.2 During the period, which shall be considered an interim period (i.e. from the date of the elections to the Provincial Council, as specified in para 2.8 to the date of the referendum as specified in para 2.3), the Northern and Eastern Provinces as now constituted, will form one administrative unit, having one elected provincial council. Such a unit will have one Governor, one Chief Minister and one Board of Ministers.

2.3 There will be a Referendum on or before 31st December, 1988 to enable the people of the Eastern Province to decide whether:

a) The Eastern Province should remain linked with the Nothern Province as one administrative unit, and continue to be governed together with the Northern Province as specified in para 2.2 or:

b) The eastern province should constitute a separate administrative unit having its own distinct provincial council with a separate Governor, Chief Minister and Board of Ministers.

The president may, at his discretion, decide to postpone such a referendum.

2.4 All persons who have been displaced due to ethnic violence or other reasons, will have the right to vote in such a referendum. Necessary conditions to enable them to return to areas from where they were displaced will be created.

2.5 The Referendum, when held,will be monitored by a committee headed by the Chief Justice, a member appointed by the President, nominated by the Government of Sri Lanka, and a member appointed by the president, nominated by the representatives of the Tamil speaking people of the Eastern Province.

2.6 A simple majority will be sufficient to determine the result of the Referendum.

2.7 Meetings and other forms of propaganda, permissible within the laws of the country, will be allowed before the Referendum.

2.8 Elections to Provincial Councils will be held within the next three months, in any event before 31st December 1987. Indian observers will be invited for elections to the Provincial Council of the north and east.

2.9 The emergency will be lifted in the Eastern and Northern Provinces by Aug. 15, 1987. A cessation of hostilities will come into effect all over the island within 48 hours of signing of this agreement. All arms presently held by militant groups will be surrendered in accordance with an agreed procedure to authorities to be designated by the Government of Sri Lanka.

Consequent to the cessation of hostilities and the surrender of arms by militant groups, the army and other security personnel will be confined to barracks in camps as on 25 May 1987. The process of surrendering arms and the confining of security personnel moving back to barracks shall be completed within 72 hours of the cessation of hostilities coming into effect.

2.10 The Government of Sri Lanka will utilise for the purpose of law enforcement and maintenance of security in the Northern and Eastern Provinces the same organisations and mechanisms of Government as are used in the rest of the country.

2.11 The President of Sri Lanka will grant a general amnesty to political and other prisoners now held in custody under The Prevention of Terrorism Act and other emergency laws, and to combatants, as well as to those persons accused, charged and/or convicted under these laws. The Government of Sri Lanka will make special efforts to rehabilitate militant youth with a view to bringing them back into the mainstream of national life. India will co-operate in the process.

2.12 The Government of Sri Lanka will accept and abide by the above provisions and expect all others to do likewise.

2.13 If the framework for the resolutions is accepted, the Government of Sri Lanka will implement the relevant proposals forthwith.

2.14 The Government of India will underwrite and guarantee the resolutions, and co-operate in the implementation of these proposals.

2.15 These proposals are conditional to an acceptance of the proposals negotiated from 4.5.1986 to 19.12.1986. Residual matters not finalised during the above negotiations shall be resolved between India and Sri Lanka within a period of six weeks of signing this agreement. These proposals are also conditional to the Government of India co-operating directly with the Government of Sri Lanka in their implementation.

2.16 These proposals are also conditional to the Government of India taking the following actions if any militant groups operating in Sri Lanka do not accept this framework of proposals for a settlement, namely,

a) India will take all necessary steps to ensure that Indian territory is not used for activities prejudicial to the unity, integrity and security of Sri Lanka

b) the Indian navy/coast guard will cooperate with the Sri Lankan navy in preventing Tamil militant activities from affecting Sri Lanka.

c) In the event that the Government of Sri Lanka requests the Government of India to afford military assistance to implement these proposals the Government of India will co-operate by giving to the Government of Sri Lanka such military assistance as and when requested.

d) the Government of India will expedite repatriation from Sri Lanka of Indian citizens to India who are resident here, concurrently with the repatriation of Sri Lankan refugees from Tamil Nadu.

e) The Governments of Sri Lanka and India will co-operate in ensuring the physical security and safety of all communities inhabiting the Nothern and Eastern Provinces.

2.17 The government of Sri Lanka shall ensure free, full and fair participation of voters from all communities in the Northern and Eastern Provinces in electoral processes envisaged in this agreement. The Government of India will extend full co-operation to the Government of Sri Lanka in this regard.

2.18 The official language of Sri Lanka shall be Sinhala. Tamil and English will also be official languages.

3. This agreement and the annexure thereto shall come into force upon signature.
In witness whereof we have set our hands and seals hereunto.
Done in Colombo, Sri Lanka, on this the twenty-ninth day of July of the year one thousand nine hundred and eighty seven, in duplicate, both texts being equally authentic.

______________________

Junius Richard Jayawardene

President of the Democratic

Socialist Republic of Sri Lanka

______________________

Rajiv Gandhi

Prime Minister of the

Republic of India

ANNEXURE TO THE AGREEMENT

His Excellency the President of Sri Lanka and the Prime Minister of India agree that the Referendum mentioned in paragraph 2 and its subparagraphs of the agreement will be observed by a representative of the election Commission of India to be invited by His Excellency the President of Sri Lanka.

Similarly, both heads of Government agree that the elections to the provincial council mentioned in paragraph 2.8 of the agreement will be observed and all para-military personnel will be withdrawn from the eastern and northern provinces with a view to creating conditions conducive to fair elections to the council.

The President, in his discretion shall absorb such para-military forces, which came into being due to ethnic violence, into the regular security forces of Sri Lanka.

The President of Sri Lanka and the Prime Minister of India agree that the Tamil militants shall surrender their arms to authorities agreed upon to be designated by the President of Sri Lanka. The surrender shall take place in the presence of one senior representative each of the Sri Lanka Red Cross and the Indian Red Cross.

The President of Sri Lanka and the Prime Minister of India agree that a joint Indo-Sri Lankan observer group consisting of qualified representatives of the Government of Sri Lanka and the Government of India would monitor the cessation of hostilities from 31 July 1987.

The President of Sri Lanka and the Prime Minister of India also agree that in the terms of paragraph 2.14 and paragraph 2.16(c) of the agreement, an Indian peace keeping contingent may be invited by the President of Sri Lanka to guarantee and enforce the cessation of hostilities, if so required.

Hottest Topic! Good Governance in the country!!

2009-12-25T23:34:00.000+05:30

These days Good Governance is a hot topic and therefore thought to figure what does it mean?

From Wikipedia

Good governance is an indeterminate term used in development literature to describe how public institutions conduct public affairs and manage public resources in order to guarantee the realization of human rights.^[1] Governance describes "the process of decision-making and the process by which decisions are implemented (or not implemented)".^[1] The term governance can apply to corporate, international, national, local governance ^[1] or to the interactions between other sectors of society.

Source of the article: Click here for the Source: UN ESCAPE

Good governance has 8 major characteristics. It is participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law. It assures that corruption is minimized, the views of minorities are taken into account and that the voices of the most vulnerable in society are heard in decision-making. It is also responsive to the present and future needs of society.

Figure 2: Characteristics of good governance

Participation

Participation by both men and women is a key cornerstone of good governance. Participation could be either direct or through legitimate intermediate institutions or representatives. It is important to point out that representative democracy does not necessarily mean that the concerns of the most vulnerable in society would be taken into consideration in decision making. Participation needs to be informed and organized. This means freedom of association and expression on the one hand and an organized civil society on the other hand.

Rule of law

Good governance requires fair legal frameworks that are enforced impartially. It also requires full protection of human rights, particularly those of minorities. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force.

Transparency

Transparency means that decisions taken and their enforcement are done in a manner that follows rules and regulations. It also means that information is freely available and directly accessible to those who will be affected by such decisions and their enforcement. It also means that enough information is provided and that it is provided in easily understandable forms and media.

Responsiveness

Good governance requires that institutions and processes try to serve all stakeholders within a reasonable timeframe.

Click on the title to view the full article

Consensus oriented

There are several actors and as many view points in a given society. Good governance requires mediation of the different interests in society to reach a broad consensus in society on what is in the best interest of the whole community and how this can be achieved. It also requires a broad and long-term perspective on what is needed for sustainable human development and how to achieve the goals of such development. This can only result from an understanding of the historical, cultural and social contexts of a given society or community.

Equity and inclusiveness

A society’s well being depends on ensuring that all its members feel that they have a stake in it and do not feel excluded from the mainstream of society. This requires all groups, but particularly the most vulnerable, have opportunities to improve or maintain their well being.

Effectiveness and efficiency

Good governance means that processes and institutions produce results that meet the needs of society while making the best use of resources at their disposal. The concept of efficiency in the context of good governance also covers the sustainable use of natural resources and the protection of the environment.

Accountability

Accountability is a key requirement of good governance. Not only governmental institutions but also the private sector and civil society organizations must be accountable to the public and to their institutional stakeholders. Who is accountable to whom varies depending on whether decisions or actions taken are internal or external to an organization or institution. In general an organization or an institution is accountable to those who will be affected by its decisions or actions. Accountability cannot be enforced without transparency and the rule of law.

CONCLUSION

From the above discussion it should be clear that good governance is an ideal which is difficult to achieve in its totality. Very few countries and societies have come close to achieving good governance in its totality. However, to ensure sustainable human development, actions must be taken to work towards this ideal with the aim of making it a reality.

Sri Lanka hits a record foreign reserves level!

2009-12-25T21:54:00.000+05:30

Sri Lank's foreign reserves hits a record figure!! Wow great!! this is a very good indication of re gaining the county's economic stability after the costly war with rebels. The defense budget was sucking the the national resources and it hit the national development over past three decades. Now the war has ended and looks like economy of the country is becoming stronger.

What does Foreign exchange reserves means? Wiki says:

Foreign exchange reserves (also called Forex reserves) in a strict sense are only the foreign currency deposits and bonds held by central banks and monetary authorities. However, the term in popular usage commonly includes foreign exchange and gold, SDRs IMF reserve positions. This broader figure is more readily available, but it is more accurately termed official international reserves or international reserves. These are assets of the central bank held in different reserve currencies, mostly the US dollar, and to a lesser extent the euro, the UK pound, and the Japanese yen, and used to back its liabilities, e.g. the local currency issued, and the various bank reserves deposited with the central bank, by the government or financial institutions.

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There was a big concern on the remaining foreign reserves specially during the war period. Now the way has ended and SL could increase its reserves using IMF loan. Many people were asking what happened to IMF loan and now we can see how it was used in development. This is a long term investment that was made by the government. It is really appreciated that this loan is used not to subsidize any service but to increase the reserves. Foreign exchange reserves are important indicators of ability to repay foreign debt and it would develop the credibility of the country.

The following news was published few months back. Their intention seems worked

Read below for more information: Click here to view the source

Sri Lanka's foreign reserves reach high of US$4 bil.: central bank
COLOMBO -- Sri Lanka's foreign reserves have hit a historic high of four billion U.S. dollars, sufficient to cover over four months of imports, the Central Bank of Sri Lanka said Tuesday.

“With the renewed investor confidence and the continuation of the steady increase in foreign exchange inflows, the country's external reserve position is expected to strengthen further in the coming months,” the bank said.

Sri Lanka's reserves had fallen to dangerously low levels earlier this year as security forces pushed forward with their final offensive against separatist Tamil Tiger rebels.

The reserves have since been boosted by the first tranche worth US$322.2 million of an IMF loan in July, higher remittances, donor funds and foreign investors buying rupee-denominated treasury bills and bonds.

The bank has also raised cash by selling dollar debt.

The Sri Lankan government secured a US$2.6 billion IMF bailout package to help stave off its first balance-of-payments deficit in four years.

LBO reported

Reserve Level 25 Nov, 2009 15:36:11
Sri Lanka foreign reserves US$5.2bn in November
Nov 25, 2009 (LBO) - Sri Lanka's foreign reserves had climbed to 5.2 billion US dollars by November 20, helped by strong capital inflows and International Monetary Fund loans, the Central Bank said.

Gross official reserves were at 4,822 million US by end October 2009. Reserves were at 5.045 million US dollars with balances at Asian Clearing Union, a regional settlement arrangement.

The central bank said 247 million US dollars had come into government Treasury bills and 1,069 million into Treasury bonds during the period. Reserves were equal to 5.9 months of imports.

By November 20, reserves were estimated at 5.2 billion US dollars. The Central Bank said it had bought 2,837 million US dollars from the market since March 2009.

The International Monetary Fund has also given 331 million US dollars under a second tranche.
Sri Lanka went to the IMF when reserves dipped to around a billion US dollars in March following an extended period of expansionary peg defence.

Interesting battle between SF and MR

2009-12-25T20:54:00.000+05:30

I saw an interesting mail conversation in a friend group and though that this will really shows the fight between two camps. Enjoys and make sure that you understand this as an unofficial conversation between two friends. Black is the original mail and purple is the answer

Following is the popular news of SF and Sunday Leader!!!
Click on the title to view the full article!

1. We could not win this war if the Gen. SF was not thr. (MR also knew that, thats y he kept him for anothr 2 years aftr his retiement)..

SF is a really good commander. Please note that he is not the good commander. Usually the leadership of the Army is not changed when the battle is heavy as it might slightly slowdown the progress as a new commander needs to settle down. The most important aspect here is the political support SF was given. I would like to remind you that there were few occasions where LTTE was about to swept out from this country. One example is Wadamarachchi led by Gen Kobbakaduwa. But none of those occasions were guarded politically and therefore had to stop though the security forces wanted to continue. This is the true story and it is the same in the final battle as well.

When the battle was at its peak can you remember who tried to stop the war saying civilians are purposfully killed, SL Air force is using pokuru Bombs, who went to EU and told not to give GSP+ as the human right situatin is not satisfactory, who told the commander is not even suitable for salvation army? who asked when army is going to capture the Kilinochchi? Alimankada pamankada? now all of them have gone to the nationalists front. How this happen? who tried to organise Trade union stikes during the battele. Now all of them are in one side. This is nothing but they cant finght with the Mahinda's persanality.

2. About his statement; If the Gen. was not in SL at the time this happend (That is what thy say), then Gottabhaya, Bassil n MR must hav orderd the army. So if this incident is true, Gottabhaya, Bassil n MR must be responsible. But Gen. is stil taking the responsibility for himself.

Ok? just assume this is correct? would you like to welcome them? the leader who ruined the country. Leader who ruined thoughsands of tamil students life. Leader who led child solders. Who you expect army to welcome them? And according to the common sense these types of things should be treated with tstrict confidence. Do you agree? in that case do you justify SF's statement releaseing all these to bullshit media?

The preceedce and the practice of the army is not to discuss any missions they involved and not to discussed anything happened during the battle in front of public. Specilly x CDS have coprate responsibility to protect these precedences. Thats what do you call it as DICIPLINE. DILIPLINE is not just saying Good Morning. These are the deciplines that SF should follow. Is this the person who is coming to build the dicipline in this country? the person who betrayed the Army? now machan do not say he recalled it later?thats bull shit!!!!

3. Y Majr. Shavindra Silva hav not commented about this? If this is not true, he would hav tel it once the question was asked.

According to SF, SL Army is a highly diciplined entity. Therefore anybody cant express their ideas without relevent permissions. If Shavendar has to comment he should get neccessary approvals from the Army commander. In this case commander has stated SL Army does not involve in any means of political matter. Further if someone requests or orders to clarify something which has happened then commander should get the approval from the Supreme commnader in our case president becasue he is the person who commands the war. Agree? Thanks to SF now president will have to represent the forces to answer the UN?? Agree?

This is Army and officers cannot discose whatever they want without persmission. SF should have a good idea about this.

4. Finally Y Baasil acts like that he dosnt knw about this. At this time all Gottabhaya, Bassil n MR was making the dessions togethr.

This is again you are sitting on your tail. SF said he is the one and only person who commanded the battle. Suddenly he said Gota has ordered the battle. This is controdictory and everybody should accept that Gota did a very good role in the battle by giving required permissions and orders to the front.

Now you agree that battle was controled by Gota and president not even SF? because at the final battle there were incidents happened which SF had no idea!! So this again proves that this is a collective effort...

conclution: The Gen. made this statement bcoz he is honest. But unfortunately for him, this thing turned the other way. Aftr that he took the responsibility of this whole thing for himself. He has done the best he could to minimize the damage that happed to Army and Sri Lanka . I won't tel u that vote for SF. But I think he is a honest person than any of the polititions these days.

Concultion: A honest and diciplined(as per himself) never betrays his army like this. He should understand the consequenses that should occur after a statement like this. He is not a thoththa babe and should take the responsibility. Once I also thought he is honest, but he could not prove that. He is running some other's agenda otherwise something like this would never happen. If he is really honest he should appriciate the giant support given by the political body to continue the war. If MR was not there this could have be another Wadamarachchi mission where every effrot was wasted. I have no idea why you have said 'He has done the best he could to minimize the damage that happed to Army and Sri Lanka'. What people can see is he has done enough damage to put the country in the grave.

Further, the following my happen becasue of his selfish statement:

1. No way of getting GSP+ until this gets clarified

2. All the fundings will be temporary hold off until this gets sorted out

3. 58th Division commander will have to provide clarifications to the UN. Thanks to Mahinda, he will hold the responsibility

4. After the war SL has become the only nation which eliminate the war entirly. With this statement stated by the x-CDS, now the Army have become killer. Now none of the 58th Diviosn officers cannot attend to foriegn trainings even. who is going to take the responsibility?

5. With this LTTE diaspora again become active. You know after this how many campaigns started to support SF in other countries. Milions of & are flushing them...is this our former CDS needs? in fact he said he welcome LTTE money..in that case this is ok

Is this the honest person whom you are speaking for? what the honest in this?

These are only MY ideas. I may be wrong.

Its a personal dicision but no one cannot stop discussing it. If you want you can keep it with you and no one cannot force you. But if you wish you can take these matters in public. Its upto you!!!!

I don't care abt who wil be the precident. All of them are useless. but dont blame on someone unless you are 100% convinced that he is the culprit.

I care about whom going to be the president my country. This is not a blame and we are coming with facts which were provided by SF. Election is different. Politics is different. This is something else. SF is betraying his army which he also commanded for a long period. He now has done the enough damage and its our time to think wise.

Its our turn to vote for the country!!! not for individuals!!

LMS Deal and the reliability of the Sri Lankan Judicial system

2009-12-21T14:46:00.000+05:30

Is this the beginning of controversial decisions?

The purpose of this article is to discuss the controversial LMS deal which was taken place between the Sri Lankan government and JKH recently. Many sources stated that the verdict was quiet controversial.

What is LMS? Lanka Marine Services expertise in bunkering and lubricants to meet all demands at port, at anchorage and at off port limits.

This is what I could find:

1. LMS was a subsidiary of Ceylon Petroleum Cooperation. However the land where the LMS is physically located was not under LMS account but under Sri Lanka ports authority. This was not a problem for their operations as both were held by the government.

2. The government then decided to privatize the LMS through the PERC - Public Enterprise Reforming Commission.

3. Government called for bidders. JKH offered a massive bid which hammered all other bidders. Finally the bid was closed selecting JKH as the potential buyer. Deal was made!

Click on the title to view the full content:

4. Now the problem starts - JKH bought the LMS but it was little late to realize that the land where LMS located has not been taken care in the agreement. Basically JKH has legally bought LMS company but not the land which is held by Sri Lanka ports authority. Its like a person is buying a house without the land.

5. Then it was decided to handover the land to JKH and the president issues a letter saying ordering the land transfer. This is the cause of the problem. The land was not transferred through a tender system as it should actually held by the buyer. It is like the house owner is asking the land once he purchased the house. It is obvious that the buyer paid for both land and the facilities. The problem was land and the other properties were held by two parties where the transaction happened between only one party.

here is the course order to make the above order a null;

a) The land Grant to LMS dated 19 January 2005 under the hand of the president of the Republic of Sri Lanka transferring ownership of the land on which LMS carries on its business is null and void;

6. The land was transferred but a case was filed against the land transfer.

7. Verdict has been made ordering to make the land transfer a null. Under the opinion of the verdict statement Chief Justice said it is not good to continue the public service if the officer engaged in this kind of a deal - in this case secretary of treasury following the president's orders.

8. Land was transferred back. Secretary of treasury remained in the public service.

9. Another case was filed saying that continuation of his public service is a breach of the original verdict. The verdict has been made asking secretary of treasury to get retired from the public service with immediate effect. Further he was asked to provide an affidavit stating the immediate retirement. And he had to retire.

10. HE Mahinda Rajapakse re appointed the former Secretary of treasury as the affidavit was recalled by the Secretary of treasury.

Another Fact: none of the JKH share holders sold their shared after this verdict which clearly stated there is breach of the law. If there is a real breach of law at least one of them specially Overseas Pension funds would have recalled their investment as per their policy. Since no one of them withdrew their investments we have a reasonable concern that this is a above case and there is no such breach.

Now lets see what popular media said about this deal!!!

Bribery Commission finalizing probe in LMS deal

The Commission to Investigate Allegations of Bribery or Corruption is close to concluding investigations into corruption allegations in the controversial privatization of Lanka Marine Services (LMS), its Deputy Director General Ms. L. Jayawickrama said.

A decision on the findings of the investigations will be taken by the Commission soon after it receives the report from the investigators, she said, declining to comment however on the progress of the investigation.

Statements of former Treasury Secretary Dr. P.B. Jayasundera and Chairman of John Keells Holdings (JKH) Susantha Ratnayake among others have been recorded.

The Commission began the probe based on many issues raised in the COPE (Parliamentary Committee on Public Enterprises) report including the failure to appoint a Cabinet approved Tender Board., the selection of DFCC Bank by PERC without competitive offers to do a business valuation of LMS and without the Chief Valuer’s valuation.

The Supreme Court had earlier asked the Commission to conduct investigations and act on the Court's findings – following a fundamental rights case -- on the LMS deal which it declared was invalid, null and void. The Court held that the entire process of the sale of shares of LMS to John Keells has been done without lawful authority.

This is what LBO said!

The fall of JKH also dragged down the indices in the Colombo stock exchange. JKH said in a stock exchange filing that it was considering the options open to it after Monday's supreme court judgement ordering its subsidiary, Lanka Marine Services (LMS), to return land on which it has its bunker fuel tanks to the Sri Lanka Ports Authority.
The judgement also cancelled the tax holiday given to LMS and ordered it to pay back taxes.
"JKH and LMS are reviewing the options available to ensure to continuity of business at LMS and also assess the financial impact of this judgment on the two entities. Further notification will follow," the JKH statement said.
The bunkering or ship fuel business of LMS, that JKH acquired in a privatisation programme, had emerged as one of the conglomerate's main sources of profit in recent years.

The supreme order said the Sri Lanka Ports Authority may enter into fresh agreements for the use of facilities within the port on equal terms with all parties licensed to supply bunkers. LMS is the only bunker supplier in Colombo port with onshore storage tanks.
Rival suppliers have to use tankers.
The full text of the JKH statement is as follows:

Judgment was delivered by the Supreme Court of the Democratic Socialist Republic of Sri Lanka on 21 July 2008, in a Fundamental Rights application regarding the privatization of Lanka Marine Services (Private) Limited (LMS), a wholly owned subsidiary of John Keells Holdings PLC (JKH).
The Supreme Court has in its judgment held, inter alia, as follows;
a) The land Grant to LMS dated 19 January 2005 under the hand of the president of the Republic of Sri Lanka transferring ownership of the land on which LMS carries on its business is null and void;
b) The Common User Facilities Agreement between the Government of Sri Lanka, the Sri Lanka Ports Authority, Ceylon Petroleum Corporation and LMS dated 20th August 2002 is null and void;
c) All agreements entered into between the Board of Investment of Sri Lanka, a statutory corporation, and LMS are null and void.
In view of the foregoing the Court did not think it necessary to make an order regarding sale of shares of LMS by Ceylon petroleum Corporation to JKH which therefore remains intact and effective.
Accordingly the Court directed: 1) LMS to vacate the aforesaid land and restore possession of the land to the Sri Lanka Ports Authority, a statutory corporation, with 30 days of the judgment.
2) That the Sri Lanka Ports Authority may enter into fresh agreement/s for the use of facilities within the port on equal terms with all parties licensed to supply bunkers.
3) The Commissioner General of Inland Revenue to recover all taxes as if there was no agreement between LMS and the Board of Investment of Sri Lanka.
In the aforesaid, JKH and LMS are reviewing the options available to ensure to continuity of business at LMS and also assess the financial impact of this judgment on the two entities.
Further notification will follow.

LBO Futher said

Disputed Justice

18 Sep, 2009 14:08:53

Sri Lanka private sector told could have challenged powerful chief justice

Sept 18, 2009 (LBO) - Sri Lanka's private sector should have been more forceful in challenging a chief judge seen as brilliant but dominating whose judgments raised questions about the process of public interest litigation, a public forum was told.

Affected businesses could have asked for immediate reviews of what they considered bad decisions of the powerful former chief justice Sarath Silva who reversed three privatization deals, among other controversial and wide-ranging decisions, lawyers said. A spate of applications for revision came only after Silva retired.
Corporate lawyer Arittha Wikramanayake told an LBO-LBR chief executive officers forum which discussed the impact of the public interest litigation that defendants were too scared to challenge the chief judge.
"The complaint here is not about the process," he told the forum. "The people complain they were rushed into the hearing. Unfortunately no one had the courage to get up and say, okay, enough is enough.
"We had a very, very strong Chief Justice, a brilliant Chief Justice, let me add, and everybody caved in. Nobody had the guts to stand up to him. And that is the crux of this problem."

Wikramanayake said the affected parties, if they were not happy with Silva's judgments, should have gone up for review immediately, instead of waiting until Silva retired, as they did before trying to challenge his decisions.

He also said that if relevant documents were not considered in the Supreme Court case, a review would at least have made them public.

"Parties are scared to do it," Wikramanayake said. "They were scared of this one individual. Let's be very frank about it. That’s what happened."

Wickremanayake said there were instances of very good cases of public interest litigation. In the case of the three recent cases, the private sector itself had complained about them.

Without specifying he said one transaction was "arguably good", the other bad and the third ugly.

Senior lawyer and president's counsel K Kanag-Isvaran said that while the Supreme Court is the final court; it has an inherent jurisdiction to correct errors in the interest of justice.

"The future is for the court itself to examine and advice it self and ourselves as to what are the limits on the exercise of its jurisdiction in the light of concerns expressed across the board on the exercise of it."

Kanag-Isvaran, who is a member of the Law Reform Commission, said there were concerns about the suitability of the Supreme Court to hear complex privatization cases.

"This is one of the problems which I believe has to be addressed urgently. Because before you find a person liable in law - say for wrongful transactions or fraudulent transactions - it is fundamental they should have the right to be heard fully and be represented.

"Now the problem is that the Supreme Court - for resolution of such disputed questions - in my mind is not the appropriate forum."

He said that the court has discretion to review judgments if there is fresh evidence available after the delivery of the judgment which the court must examine because "had it been before, it could not have come to that view."

Lawyer and regulatory specialist Rohan Samarajiva said reforming the legal system was a long-term solution and that an immediate remedy would have been to have the cases reviewed by a five judge bench.

"I think there have been egregious violations of natural justice where significant documents have been placed before the courts and they have not been paid attention to and where decisions have been given on matters that have not been argued before that particular bench."

Samarajiva also queried whether at least in one case, the privatization of bunker supplier Lanka Marine Services (LMS), dragged on, which prevented a quick review.

"This particular judgment, the LMS judgment, it didn’t have a closing date. It went on and on for several months with all kinds of labour matters and resignation letters and various other things. In a way one could say that this was dragged on to prevent a real challenge.

Two separate cases were filed against the LMS deal - one the privatization itself and a second on a tax holiday. The second case was not fully heard. The first judgement dealt with both issues.

Kanag-Isvaran said there was need for guidance in the application of laws where legal reforms could help in order to maintain confidence in the judicial system.

A "fear psychosis" has been created because of the three judgments and public interest litigation, he said.

"That's why I posed those questions whether time is not right for the court to take cognizance of these anxieties," he said. "They can do it on their own - and say these are the limitation we will place.

"Are there any limitation on the type of cases you will entertain under a public interest litigation, because of the inappropriateness of the matter for an inquiry by the Supreme Court, where the cross examining of a witness, the testing of evidence and things like that are not unfortunately possible, it's not the forum? I would seek guidance from the Supreme Court."