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This Circular is issued by the Secretary to the President on the Drafting of the legislation to be passed by Parliament and the preparation of subsidiary legislation. The content of the circular is shown below for the information of the public.

(A) Procedural Steps for Drafting Legislation:

1. A request to the Legal Draftsman for the preparation of a Bill by the Secretary to the relevant Ministry should be in writing and accompanied by the following documents:-

(a) The Cabinet Memorandum, which sets out the policy on which the proposed Bill is to be based and which seeks the approval of the Cabinet of Ministers for the drafting of such Bill;

National Languages and Social Integration Ministry Secretary Malkanthi Wickremasinghe inaugurating the Certificate Course of Para Legal Studies conducted by the Legal Aid Commission in collaboration with the National Languages and Social Integration Ministry at the Law College auditorium. Senior LAC Consultant Justice N. Udalagama and LAC Legal Officer Lilanthi Kumari were also present. Picture by W. Chandradasa

2. The Legal Draftsman would thereupon prepare a preliminary draft Bill of the proposed legislation (in English) and this draft Bill would be forwarded to the requesting Ministry for its observations.

3. The relevant Ministry should not prolong the process of finalization of legislation and should refrain as much as possible from introducing new material to a draft, if such inclusion would tend to delay the finalization of the draft.

4. Upon final confirmation from the requesting Ministry that the preliminary draft Bill is in conformity with the policy decided on by the Cabinet of Ministers, the Legal Draftsman will send out to the requesting Ministry the final draft of the Bill, along with a copy thereof to the Attorney-General.

5. The Attorney-General will thereupon, in pursuance of the provisions of Article 77 of the Constitution, make observations on the constitutionality of the draft Bill. Where the provisions of the draft Bill, in his opinion,

(a) do not contravene the provisions of the Constitution, the Attorney-General would issue a Certificate to that effect to the requesting Ministry with a copy to the Legal Draftsman; or

(b) contravenes any provision of the Constitution, the Attorney-General would make his observations accordingly, to the respective Ministry with a copy to the Legal Draftsman and suggest amendments to the draft Bill. Upon such amendments being made to the draft Bill, the Attorney-General would forward a fresh Certificate to the effect that the provisions do not contravene any provision of the Constitution.

6. Upon receipt of the Certificate from the Attorney-General, the Legal Draftsman will then forward the Sinhala and Tamil drafts of the Bill to the requesting Ministry. In the case of amending legislation, a Statement of Legal Effect in all three languages will also be forwarded to the Ministry at this stage.

7. The requesting Ministry will then submit the draft Bill to the Cabinet of Ministers and seek approval to have the draft Bill published in Part II of the Gazette and to present it in Parliament. If, at this stage, the Cabinet of Ministers decides that further amendments need to be made to the draft Bill, then the Ministry should forward the relevant Cabinet Decision along with the copies of the draft in all three languages and the statement of legal effect, if any, to the Legal Draftsman to effect amendments.

8. If the situation envisaged in paragraph 7 arises, then the procedure set out in paragraphs 4,5 and 6 shall be followed again.

9.Once the Cabinet of Ministers approves the publication of the Bill in the Government Gazette, the Ministry shall forward the draft in all the three languages to the Government Printer. The draft is first published as a Supplement to the Government Gazette, and when printed in all three languages the proofs will be sent to the Legal Draftsman by the Printer for final proof reading and approval.

10. The Draft Bill once published in Gazette shall in terms of the Constitution, be presented in Parliament only after the expiry of seven days from the date of publication. After the presentation (first reading) Parliament directs the Secretary-General of Parliament to print it in the form of a Bill and a number is given. Only a change in the appearance of the cover page takes place and no change is made to the substance of the draft.

11. Once a Bill is presented in Parliament, it is placed on the Order Paper and a date for the Second Reading debate (on a day not earlier than a week from the day it was presented) is fixed. It is at the Committee Stage of the Bill, which takes place after the Second Reading that any changes arising in connection with the matters being debated, may be made by way of Committee Stage Amendments. No new matter outside of the policy initially approved by the Cabinet of Ministers may be included by way of Committee Stage Amendments.

Any Cabinet Decision for a draft Bill, which is to be passed as an urgent Bill shall be sent to the Legal Draftsman with the documents set out in paragraph (A)1. However, in such cases the Cabinet Decision shall state that the Cabinet has directed the Bill to be enacted as an Urgent Bill.

Requests for a Bill, which is to be enacted as an urgent Bill should conform to the procedures set out in paragraph A 1, 2, and 3 above. However, obtaining the Attorney-General’s Certificate is not a necessity, as the Attorney-General will appear and defend the Bill in the Supreme Court when it is referred to the Court by the President in terms of the urgent bill procedure.

The requesting Ministry will, upon receiving the final draft Bill (in English) from the Legal Draftsman with an Endorsement at the end thereof, which states that the Bill is certified as urgent in the national interest, under Article 122 of the Constitution, submit the Bill to the Cabinet of Ministers for its approval.

If, at this stage, the Cabinet of Ministers decides that further amendments need to be made to the draft Bill, then the Ministry shall forward the relevant cabinet Decision to the Legal Draftsman to give effect to it.

The Sinhala and Tamil drafts will be released to the requesting Ministry at this stage, by the Legal Draftsman.

The requesting Ministry will then submit the draft Bill with the endorsement duly signed by the Secretary to the Cabinet to the President for it to be referred to the Supreme Court. (Urgent Bills are not published in the Gazette, and the Bill is printed only upon receipt of the determination of the Court).

The Supreme Court, after considering the Bill, shall make its determination within twenty four hours (or such longer period not exceeding three days as the President may specify) and communicate its determination only to the President and the Speaker.

After the announcement of such determination to the House by the Speaker, Parliament will cause the draft to be printed as a Bill and make it available only after the presentation of the Bill in Parliament. (No proofs of the Bill are available for correction)

If amendments are proposed to the Bill at any time before the Bill is taken up for Debate by Parliament, the requesting Ministry will request the Legal draftsman to draft the necessary amendment in the form of a Committee Stage Amendments which are to be moved at the Committee Stage of the Bill. Once these amendments are prepared by the Legal draftsman in all three languages, copies will be sent to the Attorney-General and the Secretary-General of Parliament at least a day before the Bill is fixed for the Second Reading.

It should be noted that since the policy of the legislation has already been approved by the Cabinet of Ministers, no changes in the policy of legislation or any substantial change in any of its provisions should be introduced by way of Committee Stage Amendments: the only exception being where it is an imperative measure which is sought to be introduced and the approval of the Cabinet of Ministers has been obtained therefor.

If at any time during the Debate on the Bill, the requesting Ministry agrees to making of certain amendments to the draft Bill, then they must communicate this to the officer of the Legal Draftsman’s Department who is present in Parliament during the Debate. Such Amendments will be prepared by such officer before the Committee Stage of the Bill and given to the officials of the Ministry and to the Secretary-General of Parliament.

The amendments must be given to the relevant Minister so that he can move the Committee Stage Amendments at the Committee Stage of the Bill.

No amendment which seeks to introduce any matter which may be unconstitutional should be sought to be introduced at this Stage. The officers of the Legal Draftsman’s Department and the Attorney-General’s Department will give the necessary advice on this matter.

If there are Amendments moved at the Committee Stage of a Bill, then the officer from the Attorney-General’s Department who is present in Parliament will issue a Certificate on the Constitutionality of the Bill to the Secretary-General of Parliament.

(D) Subsidiary Legislation (Regulations, Rules, Orders, By-laws and other Notifications or Proclamations having the effect of law.

Subsidiary legislation is required to be drafted by the line-Ministry and sent to the Legal Draftsman for revision. It must be sent in duplicate, in all three languages. (Establishments Code)

Draft subsidiary legislation would be revised and sent back to the relevant Ministry by the Legal draftsman. If it includes Schedules the responsibility for the accuracy of the technical or other information peculiar to the subject would remain with the Ministry concerned. If the draft subsidiary legislation sent to the Legal Draftsman’s Department is substantially inadequate and cannot be used as a base, then the necessary subsidiary legislation will be drafted afresh by the Legal Draftsman’s Department and translated and sent out in all three languages to the requesting Ministry. Subsidiary legislation once signed by the person authorized to make them, (After the 1978 Constitution, only the Minister is empowered to make regulations), must be published in the Gazette. Subsidiary legislation takes effect upon Gazetting. However, they must be placed before Parliament as soon as is convenient thereafter. If the gazetted Subsidiary Legislation does not receive the approval of Parliament then it is deemed to be rescinded as from such date, without prejudice to anything done thereunder.

[Questions and Answers]

Question: I am 63 year old who is being neglected by my children. Can I get protection under the Protection of Elders Act No.9 of 2000?

Answer: Under the Protection of Elders Act No.9 of 2000, you can get protection. Under the said Act you can file a case against the children to get maintenance from them through the Maintenance Board. The Maintenance Board will inform the children to pay maintenance to the parents. If they are not willing to pay maintenance, the Magistrate's Court can enforce the order.

The Legal Aid Commission has set up an Elders' Desk which handles cases of this nature. Further under the Domestic Violence Act No. 34 of 2005 you can seek a protection order against them.

If you need any advice, you can visit our Head Office situated at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Obtaining lost Identify Card

Question: My servant has lost her Identity Card. She has a photocopy of the same. She has been staying with us for over six years. Please let me know how I can get a new Identity Card for my servant?

Answer: If you want to obtain a new Identity Card for your servant, you have to first make a complaint to the police station and get the certified copy of that complaint.

Thereafter, you have to meet your Grama Niladari and get an Application Form and have the form duly completed. After preparing all the documents you have to submit five identity card size (coloured photographs) and the photo copy of the identity card. It is necessary to submit the original Birth Certificate to get the new identity card because the date of birth is necessary. Since your servant has lost her Birth Certificate you have to submit an affidavit to prove the date of birth of your servant.

The Registrar of Person has ‘One Day Service’ to issue Identity Card on a fee of Rs.500. Other wise you can get your servant’s Identity Card from the Grama Sevaka through the normal procedure which will take at least one month. If you need any assistance you can visit our Head Office at No.129, Hulftsdorp Street, High Court Complex, Colombo 12.

Licence of foreign employment agency

Question: My friend and I decide to start a foreign employment agency in Sri Lanka. Please let me know how can I obtain a foreign employment agency license to our proposed office. Please let me know the procedure?

Answer: After fulfilling the following requirements, you can start a foreign employment agency in Sri Lanka.

* Is situated in an easily accessible place where public transport is available.
* Have a floor area of at least 500 square feet.
* Have telephones with IDD facilities, fax, computers, databases, type writers, photocopiers & trade testing facilities.

* Business Registration Certificate or certified copy of Form 48 & Articles and Memorandums (If registered under the companies act)
* Layout plan of the office and the lease agreement or deed of the premises.
* Affidavits regarding citizenship of the partners of the business / company.

* Two recent testimonials in support of the character and reputability of the person who is in charge of the foreign employment agency. One of these should be from the local Gramasevaka Niladhari of the area where he resides confirming that the person who is applying for the license has been living in that area.

* A bank guarantee of a commercial bank issued on behalf of you or your agency.`* You should also furnish the following documents of yourself and the other partners or Directors of the agency:

- Birth Certificate(s)
- Personal bio-data(s)
- Photocopies of their National Identity Card(s) or Passport
- Police clearance reports from the nearest police station
- A passport sized photograph of the officer in charge of the agency

After the above documents have been submitted, a team from the SLBFE would visit and inspect the premises and check the authenticity of the documents before granting them the approval for the license.

The license which you have obtained would be valid only for a period of one year from the date of issue.

Renewing a licence

Question: I have a job agency in Akuressa . Please let me know how I renew the agency licence?

Answer: You can renew your agency license by submitting the completed application form available at the Sri Lanka Bureau of Foreign Employment (SLBFE).

You must remember to submit the renewal application 30 days before the license expires and the SLBFE would then evaluate your past performances, inspect your office, equipment, records and grant approval for the renewal of the licence.

If you wish to shift your recruiting agency to a new location, you should obtain the approval of the License Division of the SLBFE by submitting and application along with the following documents:

* Location of the new office
* Proof of legal occupancy of such premises
* Revised business registration certificate with the details of the new premises

Certified translations

Question: My sister is living in France . Is it possible for me to obtain a certified translations of her birth and marriage certificate. Can I do it my self on behalf of my Sister?

Answer: Yes it is possible. Please visit the Registrar General's Department Head Office at Battaramulla with the original birth and marriage certificates of your brother and they will help you. Fee for an English translated certificate is Rs.100

Elders' Maintenance Board

Question: Please let me know the details of the Maintenance board Under the Elders act No 09 of 2000

Answer: The Elders Maintenance Board is situated at No.150A, LHP, Building, Nawala Road, Nugegoda. The Maintenance Board meets on every Thursdays.

The parent’s complaints against their children will be heard by this Board. If the parents send a complaint to this Board, the Board will send letters to the children to be present at the Maintenance Board for inquiry. At the inquiry, the Board will try to resolve the matter. The Elders Maintenance Board has the power to order to pay the certain amount of money to the parents. If the children do not obey with the order of the Maintenance Board, then the parents can enforce the said order via Magistrate proceedings. If you need further clarification you can contact the Maintenance Board (Tel No. 2824082)

Company records under the Company's Act No.7 of 2007

Question: We have a Company owned by our family. Under the new Companies Act No.7 of 2007, kindly let us know the procedure that we have to apply with regard to company records and what do you mean by company records ?

Answer: Under the Companies Act No. 07 of 2007, a company must keep its records at the Registered Office. of the company. Company records include the -

Resolution of shareholders, directors committee held or passed with in the previous ten years, interest register certificates given by the directors in terms of the requirement of the act within past ten years

Copies of written communication to shareholders during the previous ten years, including annual reports copies of the all financial statements for the last ten completed accounting periods

Copies of all instrument creating or evidencing charges and the registrar of the charges and the share register and accounting records required by the section 148 of the act for the current accounting period and the last ten accounting periods of the company

The ten year requirement for the maintenance of records may be reduced by the Registra where he considers it necessary and appropriate

You must give notice to the Registrar if these records are to be kept in any place other than the Registered Office. Further the accounting records may be kept in a place other than the Registered Office provided that the formalitie of section 149 of the Act are complied with.

All Company records must be kept in written form or in a manner that can be easily accessed and converted in to written form . It is also necessary that the company should take measures to prevent falsification and direct falsification of records.

Police Clearance Certificate

Question: I am a citizen of Sri Lanka. I olan to apply for a citizenship certificate. How can I get a Police certificate.

Answer: The application form received form Police headquarters should be perfected properly and handed over at the counter.

Foreign applicants could down load the Application form from the web site, perfect same and hand it over to the Sri Lanka High Commission of their country.

Foreign applicants could also submit their down loaded and correctly perfected applications individually, direct to the Inspector-General of Police, Police Headquarters, Colombo 1.

Applicants handing over their applications at police Headquarters should pay a sum of Rs. 500 and obtain a receipt for same.

Foreign applicants should pay a sum equivalent to Sri Lanka Rs. 1000 at the Sri Lankan High Commission in their country and obtain a receipt for same.

Foreign applicants submitting their application individually direct to Inspector General of Police should send a draft or Cheque equivalent to the sum of Sri Lanka Rs. 1,000 to A/C No. 007041413 payable at Taprobane Branch, Bank of Ceylon, Colombo 01, Sri Lanka. The Police Clearance Certificate would be sent direct to the applicant

Foreign applicants could sent an application through Sri Lankan High Commission should pay a sum equivalent to Sri Lankan Rs. 1,000 at the Sri Lankan High Commission in their country and obtain a receipt for same. The Police Clearance Certificate would be sent to the same High Commission.

Incase there being no Sri Lanka Embassy/High Commission, fill up the application and send with a remittance to the equivalent of Rs.1,000 in respect of each application.

The remittance should be drawn in favour of the Inspector General of Police, Sri Lanka. The application(s) and the remittance should be sent under registered post to the Deputy Inspector General of Police, Police Headquarters, Colombo - 1, Sri Lanka.

The applicant should write his/her address, periods and the Police area. During the period he/she lived in Sri Lanka correctly.

The under mentioned documents are collected by the Police Headquarters to compile the Clearance Certificate. The applicant need not to concern about this. Once all the documents are received the certificate could be issued.

Reports from the Officer in Charge of the Police Station. (Relevant Police Stations) Criminal Investigation reports.

State Intelligence Service report
Commissioner of the Registration of the persons' Department report.

Legal aid Commission

Drafting of Legislation to be passed by Parliament