Constitution

Sri Lanka 1978 Constitution (reviewed 2015)

Table of Contents

NINTH SCHEDULE

LIST I. Provincial Council List

    1. Police and Public order– Public order and the exercise of police powers, to the extent set out in Appendix I, within the Province, but not including National Defence, National Security and the use of any armed forces or any other forces under the control of the Government of Sri Lanka in aid of the civil power and not including the city of Colombo, Sri Jayewardenepura, Kotte, and their environs the limits of which shall be specified by the President by Order published in the Gazette.
    2. Planning– Implementation of provincial economic plans.
    3. Education and Educational Services– Education to the extent set out in Appendix III.
    4. Local Government –
      1. Local authorities for the purpose of Local Government and village administration, such as Municipal Councils, Urban Councils and Pradeshiya Sabhas, except that, the constitution, form and structure of local authorities shall be determined by law;
      2. Supervision of the administration of Local Authorities established by law, including the power of dissolution (subject to such quasi-judicial inquiries into the grounds for dissolution and legal remedies in respect thereof, as may be provided by law and subject to provisions relating to audit as may be provided by law);
      3. Local Authorities will have the powers vested in them under existing law. Municipal Councils and Urban Councils will have the powers vested in them under the Municipal Councils Ordinance and the Urban Councils Ordinance, Pradeshiya Sabhas will have the powers vested in them under existing law. It will be open to a Provincial Council to confer additional powers on local authorities but not to take away their powers;
      4. Gramodaya Mandalayas will have the powers vested in Gramodaya Mandalayas under existing law. It will be open to a Provincial Council to confer additional powers on Gramodaya Mandalayas.
    5. Provincial Housing and Construction –
      1. Implementing, co-ordinating, supervising and monitoring provincial housing development programmes and projects (other than National Housing Development Authority projects) including aided self-help housing projects, housing loans and the provision of building materials;
      2. The implementation of the Protection of Tenants Act and the Rent Act within a Province;
      3. Construction activity in respect of subjects in this List.
    6. Roads and bridges and ferries thereon within the Province, other than –
      1. national highways;
      2. bridges and ferries on national highways.
    7. Social Services and Rehabilitation –
      1. Probation and Child Care Services;
      2. The Rehabilitation of destitute persons and families;
      3. Rehabilitation and welfare of physically, mentally and socially handicapped persons;
      4. Relief of the disabled and unemployable.
    8. Regulation of road passenger carriage services and the carriage of goods by motor vehicles within the Province and the provisions of inter-provincial road transport services.
    9. Agriculture and Agrarian Services-
      1. Agriculture, including agricultural extension, promotion and education for provincial purposes and agricultural services (other than in inter-provincial irrigation and land settlement schemes, State land and plantation agriculture);
      2. Rehabilitation and maintenance of minor irrigation works;
      3. Agricultural research save and except institutions designated as national agricultural research institutions.
    10. Rural Development
    11. Health –
      1. The establishment and maintenance of public hospitals, rural hospitals, maternity homes, dispensaries (other than teaching hospitals and hospitals established for special purposes);
      2. Public health services, health education, nutrition, family health maternity and child care, food and food sanitation, environmental health;
      3. Formulation and implementation of Health Development Plan and of the Annual Health Plan for the Province;
      4. The provision of facilities for all institutions referred to in 1 above within the Province, excluding the procurement of drugs;
      5. Awarding of Scholarships for Post-Graduate Education within Sri Lanka to personnel attached to the Institutions specified in 1 above.
    12. Indigenous Medicine – Ayurveda, Siddha and Unani –
      1. Establishment of Ayurvedic dispensaries and hospitals, grants to such dispensaries and hospitals;
      2. Establishment and maintenance of herbaria.

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      1. Rest houses maintained by local authorities; and
      2. Circuit bungalows presently administered by Government departments whose functions are exclusively specified in this List.
    1. Pawn brokers – Pawn brokers other than pawn brokers business carried on by Banks.
    2. Markets, fairs.
    3. Food supply and distribution within the Province.
    4. Co-operatives –
      1. Co-operative undertakings and the organization, registration, supervision and audit of co-operative societies within the Province;
      2. Co-operative development within the Province including co-operative education and propaganda;
      3. Provincial Co-operative Employees Commission;
      4. Matters connected with employment, promotion, retirement and other connected matters of employees of co-operative societies within the Province.
    5. Land – Land, that is to say, rights in or over land, land tenure, transfer and alienation of land, land use, land settlement and land improvement, to the extent set out in Appendix II.
    6. Irrigation – Planning, designing, implementation, supervision and maintenance of all irrigation works, other than irrigation schemes relating to rivers running through more than one Province or inter provincial irrigation and land development schemes.
    7. Animal husbandry – Preservation, protection and improvement of stock and prevention of animal diseases within the Province.
    8. Subject to the formulation and implementation of National Policy in regard to development and planning, the power to promote, establish and engage in agricultural, industrial, commercial and trading enterprises and other income-generating projects, within the Province without prejudice to the power of the Government and Public Corporations to have such enterprises and projects.(This would include the promotion of scientific and industrial research within the Province and the preparation, co-ordination and the implementation of industrial development plans for the Province).
    9. Reformatories, Borstal institutions and other institutions of a like nature and persons detained therein, arrangements with other Provinces for the use of such institutions.
    10. Possession, transport, purchase and sale of intoxicating liquors.
    11. Burials and burial grounds, cremations and cremation grounds, other than those declared by or under law made by Parliament to be national memorial cemeteries.

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      1. Libraries, Museums and other similar institutions controlled or financed by a Provincial Council;
      2. Ancient and historical monuments and records other than those declared by or under law made by Parliament to be of national importance.
    1. The regulation of mines and mineral development, to the extent permitted by or under any law made by Parliament, within the Province.
    2. Incorporation, regulation and judicial winding up of corporations with objects confined to the Province, excluding trading corporations, banking, insurance and financial corporations.
    3. Regulation of unincorporated trading, literary, scientific, religious and other societies and associations.

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      1. Theatres and dramatic performances, music, cinemas, entertainments and amusements, excluding the sanctioning of cinematograph films for exhibition and public performances.
      2. Encouragement and development of sports (other than national sports associations).
    1. Betting and gambling, other than imposition of licence fees and taxes.
    2. Provincial debt.
    3. Offences against statutes with respect to any of the matters specified in this List.
    4. Fees in respect of any of the matters in this List, excluding fees taken in any court.
    5. Development, conservation and management of sites and facilities in the Province for the generation and promotion of electrical energy (other than hydro-electric power and power generated to feed the national grid).
    6. The borrowing of money to the extent permitted by or under any law made by Parliament.

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    1. Turnover taxes on wholesale and retail sales within such limits and subject to such exemptions as may be prescribed by law made by Parliament;
    2. Betting taxes, and taxes on prize competitions and lotteries, other than National Lotteries and lotteries organized by the Government of Sri Lanka;
    3. Licence taxes, arrack, toddy rents, tapping licence fees and liquor licence fees
    4. Motor vehicle licence fees within such limits and subject to such exemptions as may be prescribed by law made by Parliament;
    5. Dealership licence taxes on drugs and other chemicals;
    6. Stamp duties on transfer of properties, such as lands and motor cars;
    7. Toll collections;
    8. Fines imposed by courts;
    9. Fees charged under the Medical Ordinance;
    10. Fees charged under the Motor Traffic Act;
    11. Departmental fees in respect of any of the matters specified in this List;
    12. Fees under the Fauna and Flora Protection Ordinance;
    13. Fees on lands alienated under the Land Development Ordinance and Crown Lands Ordinance;
    14. Court fees, including stamp fees on documents produced in court;
    15. Regulatory charges under the Weights and Measures Ordinance;
    16. Land revenue, including the assessment and collection of revenue and maintenance of land records for revenue purposes;
    17. Taxes on lands and buildings including the property of the State to the extent permitted by law made by Parliament;
    18. Taxes on mineral rights within such limits and subject to such exemptions as may be prescribed by law made by Parliament;
    19. Licensing fees on the possession, transport, purchase and sale of intoxicating liquors;
    20. Other taxation within the Province in order to raise revenue for provincial purposes to the extent permitted by or under any law made by Parliament.
  1. Protection of environment within the Province to the extent permitted by or under any law made by Parliament.