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CA to take up BASL petition against CB decision to convert dollar earnings into rupees 

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By A.J.A. Abeynayake

The Court of Appeal yesterday decided to consider on 20 Jan. a petition filed by the Bar Association of Sri Lanka (BASL) seeking the issuance of a writ order nullifying the Extraordinary Gazette Notification issued by the Governor of the Central Bank of Sri Lanka mandating the conversion of foreign currency received through bank accounts into Sri Lankan rupees.

The petition filed by President of the Bar Association of Sri Lanka, Saliya Peiris PC, and Anura Maddegoda PC, Deputy President of the Association, was taken up yesterday before a bench comprising Justices Sobhitha Rajapakaruna and Dhammika Ganepola.

The Governor of the Central Bank Ajith Nivard Cabraal, the Monetary Board of the Central Bank of Sri Lanka, the Minister of Finance Basil Rajapaksa and the Attorney General have been named as respondents.

Attorney-at-Law Ruwantha Cooray appearing for the Central Bank Governor and the Monetary Board of the Central Bank asked for time to obtain further instructions from his clients on matters contained in the petition.

K. Kanag-Iswaran PC appearing for the petitioners opposed to delaying the process on the grounds that the petitions had been filed on an issue of national importance.

Lawyers Nigel Bertholameuz, Lakshman Jayakumar, Niranjan Arulparagasam, Shivan Kanag Iswaran and Senior Lawyer K Kanag Iswaran PC appeared for the petitioner BASL on instructions of Attorney-at-Law G.G. Arulpragasam.

The petition filed by Attorney-at-Law G.G. Arulpragasam states that the petitioners’ Association is an organisation that deals with the rights of lawyers, human rights and the rule of law.

Attorneys who are members of the Petitioners’ Association have so far received fees from their clients in foreign currency, both inside and outside Sri Lanka. For this, they had the ability to receive foreign currency directly from both the personal resident foreign currency account and the foreign deposit account, as well as through commercial bank accounts.

So far, there has been no need to convert the foreign currency into rupees. The members of the Petitioners’ Association have done a great service to the country so far, earning a large amount of foreign exchange.

Foreign currency earned by importers or international traders as well as members of the BASL can be withdrawn directly from Sri Lankan accounts.

Despite this situation, on 28 October, the Governor of the Central Bank issued an Extraordinary Gazette Notification 2251/42 – “Repatriation of Export Proceeds into Sri Lanka Rules No. 5 of 2021” under the Section 10.1 of the Finance Act.

This gazette notification made it mandatory to convert foreign currency received into the country through bank accounts into Sri Lankan rupees.

It is unlawful to order the foreign currency to be converted into Sri Lankan rupees without the consent of the members of their association. It is also against Article 140 of the Constitution.

This is also against the principle of natural justice.

Further, the Governor of the Central Bank and the Monetary Board have taken steps to issue this gazette notification in violation of the provisions of the Foreign Exchange Act. This is a law of the jungle.

Therefore, the BASL has requested the court to issue notice to the respondents, issue a writ order nullifying the relevant gazette notification and an interim order restraining the execution of the relevant gazette notification.



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Cabinet approves redrafting of State Assets Management Act

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Approval has been granted at the Cabinet meeting held on 22.07.2024 to publish the draft bill of State Assets Management Act in the government gazette notification and thereby present it to the Parliament for its concurrence.

However, the draft bill couldn’t be passed in Parliament as a result of the Parliament being dissolved in the month of October 2024.

Thereafter, the draft bill was subject to further inspection by a
committee appointed which comprised of officials and authorities on the subject.

The said Committee has recognized the amendments to be made and a fundamental draft has been prepared including the proposed amendments.

Accordingly, the Cabinet of Ministers approved the resolution furnished by the President in his capacity as the Minister of Finance, Planning and Economic Development to suspend further activities regarding the draft bill of State Assets Management Act published in the extraordinary gazette of 02.08.2024, and to direct the Legal Draftsman to prepare a draft bill based on the fundamental draft prepared by the subject specialists’ committee.

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Cooperative Employees Commission Act No. 12 of 1972 to be amended

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Considering the compliance of the Cooperative Societies’ operations with the concurrent socio – economic circumstances as well as the changes in the common law, the requirement of amending the Cooperative Employees Commission Act No. 12 of 1972 has been recognized.

A fundamental draft including proposed amendments based on the experience gained by that Commission as well as the opinions and proposals of Cooperative societies, their director board members, cooperative employees and other interested parties has been prepared.

Accordingly, the Cabinet of Ministers granted approval to the resolution furnished by the Minister of Trade, Commerce, Food Security and Cooperative development to provide instructions to the Legal draftsman to prepare a draft bill to amend the Cooperative Employees Commission Act No. 12 0f 1972, based on the said fundamental draft.

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Dilki Wathsala Marambage appointed as Director General of the Department of Technical Education and Training

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The Cabinet of Ministers granted approval to the proposal forwarded by the Prime Minister in her capacity as the Minister of Education, Higher Education and Vocational Education to appoint Mrs. Dilki Wathsala Marambage to the post of Director General of the Department of Technical Education and Training.

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