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CPA Petition Challenging Constitutionality of Appropriation Bill fixed for hearing on 4th November 2013

CPA Petition Challenging Constitutionality of Appropriation Bill fixed for hearing on 4th November 2013

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Published by Sanjana Hattotuwa
The Centre for Policy Alternatives (CPA) and its Executive Director challenged the provisions of the Appropriation Bill for the financial year 2014 which was placed on the order paper of Parliament on the 22nd of October 2013.
The Centre for Policy Alternatives (CPA) and its Executive Director challenged the provisions of the Appropriation Bill for the financial year 2014 which was placed on the order paper of Parliament on the 22nd of October 2013.

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Published by: Sanjana Hattotuwa on Nov 01, 2013
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11/30/2013

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IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
In the matter of an application in terms of  Article 121 read with Article 120 of the Constitution to determine whether the Bill titled
“Appropriation” 
 or any part thereof is inconsistent with the Constitution.
1. Centre for Policy Alternatives (Guarantee) Limited, No.24/2 28
th
 Lane, Off Flower Road, Colombo 7 2. Dr. Paikiasothy Saravanamuttu No. 03, Ascot Avenue, Colombo 5
Petitioners
S.C. (S.D.) No: - VS -
The Attorney General,
 Attorney General’s Department,
 Colombo 12
Respondent 
 On this 25
th
 day of October 2013 TO: THE CHIEF JUSTICE AND THEIR LORDSHIPS THE OTHER HONOURABLE JUDGES OF THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
The
Petition 
 of the Petitioners above named appearing by Ms. Lilanthi de Silva their Registered Attorney-at-Law states as follows:
1.
The 1
st
Petitioner is a body incorporated under the laws of Sri Lanka (and duly re-registered in terms of the Companies Act No.7 of 2007) and is made up of members, more than three-fourths of whom are citizens of Sri Lanka and is entitled to make this application in terms of Article 121(1) of the Constitution.
 
2/13
2.
The primary objects of the 1
st
Petitioner are
inter alia
 to make inputs into public policy-making and implementation process in constitutional, legislative and administrative spheres to ensure responsible and good governance, and to propose to the government and parliament and all other policy-making bodies and institutions, constructive policy alternatives aimed at strengthening and safeguarding democracy, pluralism, the rule of law, human rights and social justice. True copies of the Certificate of Incorporation and Memorandum and Articles of Association of the 1
st
Petitioner are ann
exed hereto marked ‘
P1
’ and ‘
P2
respectively and pleaded as part and parcel hereof.
3.
The 2
nd
 Petitioner is a citizen of Sri Lanka and the Executive-Director of the 1
st
 Petitioner above-named.
4.
The Attorney General is made a Respondent under and in terms of the requirements of Article 134(1) of the Constitution.
5.
The Bill titled
 Appropriation
 
(hereinafter referred to as “the
 Bill
) was published in the Gazette of the Democratic Socialist Republic of Sri Lanka Part II of October 04, 2013 issued
 
on
 
07.10.2013
 
on the order of the Minister of Finance and Planning and placed on the Order Paper of Parliament on 22
nd
 October 2013. True copies of the said Bill (in Sinhala, Tamil and English) are annexed hereto
marked ‘
P3a
’, ‘
P3b’
, ‘
P3c
and pleaded as part and parcel hereof.
 
3/13
6.
The long title of the said Bill describes it as a Bill
to provide for the service of the financial year 2014; to authorize the raising of loans in or outside Sri Lanka, for the purpose of such service ; to make financial provision in respect of certain activities of the Government during that financial year ; to enable the  payment by way of advances out of the Consolidated Fund or any other fund or moneys, of or at the disposal of the Government, of moneys required during that financial year for expenditure on such activities ; to provide for the refund of such moneys to the Consolidated Fund and to make provision for matters connected therewith or incidental thereto
.
CLAUSES 5 & 6 OF THE BILL 7.
The Petitioners respectfully draw Your Lordships
 attention to the provisions of Clauses 5 and 6 of the aforesaid Bill :
5.
(1)
 Any moneys which by virtue of the provisions of the First Schedule to this Act, have been allocated to Recurrent Expenditure under any Programme appearing under any Head specified in that Schedule, but have not been expended or are not likely to be expended, may be transferred to the allocation of Capital Expenditure within that Programme or to the allocation of Recurrent Expenditure or Capital Expenditure under any other Programme within that Head, by Order of the Secretary to the Treasury or by Order either of a Deputy Secretary to the Treasury or the Director General of the National Budget Department, who may be authorized in that behalf by the Secretary to the Treasury.
 (emphasis added) (2)
No moneys allocated to Capital Expenditure under any Programme appearing under any Head specified under the First Schedule to this  Act, shall be transferred out of that Programme or to any allocation of Recurrent Expenditure of that Programme.
 

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