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Ministers of Justice and Health on collision course with association of banks

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Wijeyadasa pushes for suspension of Parate executions:

‘Country paying heavy price for not having proper tax regime, favourable treatment to some’

By Shamindra Ferdinando

Justice, Prisons Affairs and Constitutional Reforms Minister Dr. Wijeyadasa Rajapakse, PC, has assured the local business community, troubled by parate executions, that laws will be brought in to regulate the practice. The Justice Minister said he would work with Health Minister Dr. Ramesh Pathirana to convince the Cabinet-of-Ministers to change the law.

 The assurance was given at a meeting held at the Jasmin Hall, BMICH, where the former President of the Bar Association explained how the law meant to recover unpaid loans and interest thereon was brazenly abused.

 The gathering was told that approximately 1,400 businesses were already in distress, especially in Colombo, due to the one-sided swift action taken by banks to recover unpaid loans by seizing and auctioning mortgaged properties without taking into consideration the political-economic-social crisis caused by the 2019 Easter Sunday attacks, followed by the Covid-19 pandemic and the subsequent economic crisis.

 Minister Rajapakse said that either the existing law, the Banking Act no 30 of 1988, had to be overhauled or a new Act introduced to prevent the further deterioration of the economy.

 Parate execution can be carried out only by the licensed commercial banks of Sri Lanka.

Following Dr. Rajapakse’s declaration, the Sri Lanka Banks Association (SLBA) stressed that the banks exercised what the Association called their legally-enshrined right to parate execution as a last resort. The Association declared that the overarching objective was to protect depositors’ funds that had been lent to borrowers.

 The Association emphasised that the parate execution remedy is aimed at recovering mortgaged assets from willful defaulters and businesses that were no longer viable.

 The SLBA, which represents all the licensed banks in the country, pointed out that banks have extended moratoriums on debt repayment for a long period exceeding 48 months in some cases, and that in instances of willful default by borrowers, the banks owe a duty to their depositors’ whose funds are at risk, to recover the debts overdue and minimize the losses on loans granted.

Legal sources pointed out that the association never bothered to issue statements when huge amounts of money recklessly lent and overdue from top end borrowers were written off as bad debts.

 Minister Rajapakse told Friday’s meeting that before the change of government, in 1977, only the Bank of Ceylon, People’s Bank and State Mortgage and Investment Bank were empowered to carry out parate executions. However, subsequently private banks and financial institutions, having made representations to the then President, secured parliamentary approval to join the club.

 The government disregarded the concerns expressed by the Bar Association at that time, the Justice Minister said, alleging there had been many instances of misuse at the expense of the clients experiencing financial difficulties.

 Valuable properties that had been seized under parate execution  had been bought for a song and then sold keeping a huge profit margin, the Justice Minister said, asserting that a deeply flawed law caused injustice.

 Dr. Rajapakse warned unless the continuing manipulation of the law wasn’t stopped through an amendment to the existing Act or by introducing a new Act, the banks, too, would have to face far reaching consequences. The significant depletion of industrial and commercial borrowers under the dire current circumstances and significant weakening of the client base as a whole could have a negative impact on the entire banking system, the Justice Minister warned.

 The President’s Counsel also questioned ‘irrevocable power of attorney’ that lenders obtain from borrowers over mortgaged properties while declaring his intention to bring in necessary amendments to restore public confidence in the system. The Minister pointed out that the ‘irrevocable power of attorney’ couldn’t be done away with. “This is wrong and not practiced anywhere in the world,” the outspoken Minister said.

 The government couldn’t forget that a section of the business community had been subjected to such unfair practices at a time the people were burdened with taxes and faced further increased levies, such as VAT from January 1, 2024. How could one do business under such difficult circumstances, the Dr. Rajapakse asked?

 The MP, who had first entered Parliament, back in 2004, on the then PA National List, found fault with successive governments for failing to adopt a proper tax policy. Declaring that once adopted a particular tax regime should be in place for at least a decade, lawmaker Rajapakse pointed out how the country suffered for want of proper tax strategy.

 The Minister told The Island that the way governments had handled the economy was questionable and those responsible owed the country an explanation and apology. Dr. Rajapakse questioned the utter failure on the part of the Central Bank to recover the loans granted to various failed finance companies. “I raised this issue in Parliament recently but unfortunately those responsible are yet to take tangible measures in this regard,” Dr. Rajapakse said.

 Referring to a declaration he made in Parliament on November 15, this year, Dr. Rajapakse said that Mercantile Credit, one of the beneficiaries of government grants, was yet to pay back Rs. 30,000 million it owed to the Central Bank.

 The Minister said so during the debate on the Second Reading of Budget 2024.

 “It is a massive borrowing by a single entity that is more than what his Ministry’s vote amounts to,” Dr. Rajapakse said. Those behind the scheme hadn’t been punished, the Minister charged.



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Promoting Local Industries is a key priority of the Government – PM

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Prime Minister Dr. Harini Amarasuriya stated that promoting the local industrial sector is one of the key priorities of the Government.

The Prime Minister made these remarks while attending the official opening ceremony of the INCO 2026 Industrial Exhibition on 13 th of March, which is being held for the 20th consecutive year at the BMICH Exhibition Center.

The INCO 2026 Industrial Exhibition, organized by the Institution of Incorporated Engineers, Sri Lanka (IIESL), will be held from March 13 to 15.

Addressing at the event, Prime Minister  stated:

“The engineering sector is a key driving force in addressing practical challenges faced by a country while enhancing efficiency and safety. In particular, the contribution extended by exhibitions of this nature encourages the student community to engage in innovation.

The Government has implemented several measures to accelerate the country’s industrial development. Notably, the National Industry Information System (NIIS) has established a centralized digital platform to collect data related to the country’s economic and industrial activities. The Government is also taking steps to provide necessary financial support to industrialists through Revolving Funds.

It is also noteworthy that this year’s exhibition has attracted international participation, creating opportunities for local entrepreneurs to explore new markets and gain exposure to international technologies. With the participation of engineers, students, and entrepreneurs, this exhibition marks an important step toward the country’s industrial future”.

The event was attended by the Chairman of the Export Development Board Mangala Wijesinghe, Chairman of the National Paper Company Limited  Upali Rathnayake, President of the Institution of Incorporated Engineers, Sri Lanka Engineer Ananda Gunawardena, along with local and foreign investors, entrepreneurs, and industrialists.

(Prime Minister’s Media Division)

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Crypto loopholes funnel Lankan funds abroad

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Chief Magistrate draws CB attention to massive drain in foreign exchange through cryptocurrency deals

Colombo Chief Magistrate Asanga S. Bodaragama yesterday observed that loopholes in actions carried out by State financial institutions, under the Foreign Exchange Act, had enabled funds in Sri Lanka to be transferred overseas, through cryptocurrency transactions.

The Magistrate said immediate steps should be taken to curb such activities and to educate the public, and directed that the matter be brought to the attention of the Central Bank of Sri Lanka.

He noted that cryptocurrency transactions carried out, using modern technology without approval from the Central Bank, had taken place without adequate public awareness, adding that incidents of the nature were increasingly being reported before courts.

The Magistrate observed that investigations into such incidents appeared to be confined to court proceedings alone and emphasised that the Central Bank, as the country’s principal financial regulator, together with other relevant institutions, should take appropriate measures and raise public awareness in the interest of the public and the country.

He also said the Criminal Investigation Department and the Central Bank should take steps to educate the public on such financial frauds and introduce a proper mechanism to address the issue.

The court further observed that many individuals had exploited loopholes in the Foreign Exchange Act and related procedures to commit financial fraud, and stressed that the Central Bank should take necessary action upon being apprised of such matters.

The Magistrate made these observations when a case relating to an alleged Rs. 290 million fraud at a well-known private bank was taken up before court yesterday. The suspects are alleged to have fraudulently obtained public funds through cryptocurrency transactions using accounts on Binance.

The Magistrate also directed the Criminal Investigation Department to expedite investigations into the disappearance of Rs. 290 million and report progress to court.Observing that the incident was not an ordinary case, the Magistrate instructed the CID to take prompt action to prevent similar frauds carried out through Binance platforms.

Making further observations, the Magistrate noted that the suspects had been produced before court, over the past three months, in connection with the incident, and stressed that investigations should be completed promptly by gathering all relevant information.

He earlier observed that the case did not involve a minor offence, such as ordinary theft, but a serious matter concerning the fraudulent misappropriation of public funds, through Binance accounts, and emphasised the need for swift action to prevent such crimes.

Nineteen suspects, connected to the incident, had earlier been remanded and subsequently released on bail.

The case was fixed to be called again on 15 May .

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SLCERT urges Lankans not to get gypped by internet scams in run-up to festive period

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The Sri Lanka Computer Emergency Readiness Team (SLCERT) has issued a public advisory urging internet users to exercise caution when engaging with online advertisements in the run-up to the festive season.

Senior Information Security Engineer at SLCERT, Charuka Damunupola, said that several incidents of online scams had already been reported to the organisation during the first two months of this year.

He warned that with the approaching Sinhala and Tamil New Year, the risk of fraudulent advertisements and malicious links, appearing online, was likely to increase, often disguised as discount offers, cash prizes, or special promotional deals.

Damunupola noted that such links frequently redirect users to fraudulent websites designed to harvest personal information and other sensitive data.

He further cautioned that during the Vesak and Poson festive periods, scammers may attempt to collect user data through deceptive schemes promoted under various guises, including campaigns such as ‘Poson Maha Data Dansala.’

SLCERT has, therefore, urged the public to remain vigilant and exercise caution when clicking on unsolicited links or advertisements encountered online.

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