News
Emergency laws on essential items lapse; Office of CGES no more
Price controls done away with, levy of Rs. 65 per kg on imported rice reduced to 25 cents
By Shamindra Ferdinando
The government has allowed emergency regulations imposed several weeks ago to ensure an uniterrupted supply of essential commodities such as rice, sugar and other consumer goods, to lapse. As a result the post of Commissioner General of Essential Services held by Maj. Gen. M. D. S. P Niwunhella has been abolished.
President Gotabaya Rajapaksa promulgated emergency laws after having named serving officer Niwunhella, the head of his security as the Commissioner General of Essential Services. The President’s Office made the announcement as regards Maj. Gen. Niwunhella’s appointment on August 30, 2021.
As per the powers vested in terms of the section 2 of the Public Security Ordinance, President Rajapaksa declared emergency regulations formulated as per the section 5 on essential food supply, with effect from midnight August 30, 2021.
The declaration of emergency regulations triggered protests from the Opposition with the Tamil National Alliance (TNA) warning the move could lead to a state of repression. The civil society, too, protested against the move.
Authoritative sources told The Island that with the change of government strategy in respect of price controls, the ruling Sri Lanka Podujana Peramuna (SLPP) had refrained from seeking parliamentary approval required to extend emergency regulations. The Parliament on Sept. 06 passed emergency regulations that authorized Maj. Gen. Niwunhella to seize food stocks, confiscate warehouses and vehicles used to transport such items.
Emergency regulations were passed by 81 majority votes with 132 lawmakers voting for and 51 against in the 225-member legislature where the SLPP enjoys a near two-thirds majority.
Sources explained that the original strategy had been for the newly appointed Commissioner General of Essential Services and Chairman of the Consumer Affairs Authority (CAA) retired Maj. Gen. Shantha Dissanayake, to work in close coordination to seize hoarded food stocks.
Against the backdrop of ceasing of emergency regulations meant to prevent hoarding and the termination of the Office of Commissioner General of Essential Services, the government yesterday (4) removed the retail price cap on several essential commodities through a gazette notification. The retail prices of dhal, sugar, sprats, green gram, potatoes, big onions, canned fish, chickpeas, wheat flour, full cream milk powder, dried fish, coconut, chicken and maize have been removed with immediate effect.
The new gazette notification has also removed the maximum price limit of Rs. 1,500 for a 400g packet of sausages and Rs. 1,500 for a kg of mackerel. In addition to that the Special Commodity Levy of Rs.65 per kg of imported rice has been reduced to 25 cents for the next six months.
Finance Minister Basil Rajapaksa has made these tax deductions with effect from November 2 in accordance with the powers vested in him under the Special Commodity Levy Act.
The duty on imported sugar, too, remains 25 cents a kilo since Oct 13, 2020 when the Finance Ministry slashed Rs 50 duty on a kilo of sugar.
The government brought in emergency regulations close on the heels of a spate of raids on warehouses from where authorities took 29,000 metric tonnes of sugar into custody. Having repeatedly vowed to maintain prices, the government recently allowed sharp increase of milk powder and liquefied petroleum gas. Interestingly, local producers also matched the increase in the price of imported milk powder.
Trade Ministry sources yesterday told The Island that price controls had been done away with as part of a new scheme to allow the market to decide prices. However, the government would make necessary interventions to prevent the importers from exploiting the consumers, sources said, adding that the second consignment of Nadu from India would arrive at the Colombo harbour today (5).
Since the cabinet recently authorized the importation of 100,000 metric tonnes of rice to meet the shortfall, the Trade Ministry imported 15,000 metric tonnes of Nadu from India. With the arrival of the latest stock, the total amount of Nadu imported from India would be 22,000 metric tonnes. According to the Trade Ministry, they are planning to procure about 40,000 metric tonnes of rice from India, Pakistan and Myanmar.
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Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
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