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President directs Treasury Secretary:

Don't use budgetary funds for polls expenditure

President Chandrika Bandaranaike Kumaratunga while strongly objecting to a Cabinet decision taken in her absence to confirm temporary, casual and contractual employees the Personal Staff of Ministers, effective February 1, has directed the Treasury Secretary to halt using budgetary provisions for election expenditure programs.

She had also directed the Treasury Secretary to take steps to prevent use of government vehicles for political purposes.

Secretary to the President, W. J. S. Karunaratne has written to the Treasury Secretary urging him to carry out the President's directives.

A news release issued by the Director General (Media) to the President Janadasa Peiris states:

"It has been brought to the notice of this office that attempts are being made to use the budgetary provisions made available under the supplementary recurrent expenses and supplementary capital investment items and Restructuring and Reform expenditure of the National Budget Departments, for election related expenditure programs.

The President has directed that you refrain from incurring any such expenditure and take steps to ensure strict compliance with the provisions of the Fiscal Management (Responsibility) Act No. 3 of 2003.

Please also note that in addition to vehicles owned by Ministers and Government agencies, all vehicles hired or leased using government funds including funds of corporations and statutory bodies and companies owned by Government are also deemed as public properties and as such should not be used for political purposes. You are requested to issue necessary instructions in this regard to all relevant institutions.

Personal staff of the Ministers

I find that, according to the Draft Minutes of the Cabinet Meeting held on 11.02.2004 (at which meeting I was not present), it has been "decided that temporary, casual and contractual employees in the personal staff of the Ministers, whose posts have been approved by the Department of Management Services, should be confirmed in their posts with effect from 1st February 2004." (Item 17 of the Draft Minutes.)

02. I have to strongly object to this decision for the following reasons:-

(a) This is contrary to the basis on which this staff was appointed, as seen from the instructions issued by the Ministry of Public Administration, Management and Reforms, based on a communication sent to the Secretary of that Ministry by the Secretary to the Prime Minister, on the advice of the latter, in January 2001 (actual date not indicated in the letter).

These instructions clearly state that the appointments are temporary and would be limited to the period during which the Minister/Deputy Minister concerned, holds office.

(b) This will result in an excess of some of the staff, not only when there is a change in Administration, but also when a Minister/Deputy Minister is relieved of his position, due to whatever reason, even under the same Administration.

(c) Since this decision has been taken on the 11th of February 2004, after the dissolution of the 12th Parliament and before the resulting General Election is concluded, this is against the norms applicable to public service appointments during such a period.

(In this connection, reference of the Cabinet of Ministers is requested to its decision of 26.12.2001 - Item 02 (i) of the minutes of that meeting refers.)

(d) In any case, the Cabinet of Ministers is presently not empowered to make (or confirm) appointments in the public service, other than Heads of Departments as, under the provisions of the 17th Amendment to the Constitution, this power now rests with the Public Service Commission.

03. I, therefore, suggest that this portion of the Draft Minutes of the Cabinet Meeting held on 11.02.2004, not be confirmed. It may also be noted that I disassociate myself from this decision, even if it is confirmed against my objections.

Item 05 - Creation of Post of Additional Secretary (Media) in the office of the Prime Minister: The proposal is to convert the post of Additional Secretary in the Personal Cadre of the present Prime Minister into a post of Additional Secretary in the Office of the Prime Minister and appoint the incumbent officer in the former post, Mr. S. K. Athaudahetti, to the latter.

The effect of this proposal, if approved, would be to appoint a person in the personal cadre of the Prime Minister, which is temporary, to a permanent position in the public service.

This is highly irregular. I regret, I cannot agree to this proposal."

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