Ongoing Recommendation
- Details
- Written by: Procons
- Category: Ongoing Recommendation
- Hits: 215
Background
The Ministry of Justice has referred the matter under the instructions of Hon. Minister of Justice, Prison Affairs and Constitutional Reforms to the Law Commission to propose necessary reforms by the letter No.MOJ/L4/556/2023dated 22.05.2023.
Present Status
The jurisdiction regarding matters under Part VII has been judicially interpreted to mean as being quasi criminal without being categorized under civil or criminal jurisdiction.
The jurisdiction conferred on a Primary Court under section 66 is a special jurisdiction. It is quasicriminal jurisdiction. The primary object of the jurisdiction so conferred is the prevention of a breach of the peace arising in respect of a dispute affecting land. The Court in exercising this jurisdiction is not involved in an investigation into title or the right to possession which is the function of a civil Court.
Court is required to take action of a preventive and provisional nature pending final adjudication of rights in a civil Court. Vide. Kanagasabai vs. Mylwaganam 78 N.L.R. 280 and Punchi Nona vs. Padumasena [1994] 2 Sri L.R. 117
The Commission decided to appoint Mr. Samantha RatwatteP.C to lead the Sub-committee entrusted with examining the amendments required to be made to the Primary Courts Procedure Act, which subcommittee will consist of two other members.
The Bar Association of Sri Lanka nominated Mr.Neville Abeyratne P.C at the request of the Chairman of the Law Commission to forward the suggestions for the above law reform.
The Commission decided to improve the report prepared by Mr. Samantha Ratwatte P.C with the suggestions of Justice Salam at the Law Commission meeting scheduled to be held on 18th January 2024.
The finalized report forwarded to the Hon. Minister of Justice Dr. Wijeyadasa Rajapakshe by the Chairman of the Law Commission Mr. Ikram Mohamed P.C at the discussion held on 16th February 2024.
Number of Law Commission Meetings discussed the progress of the Reforms: 08
- Details
- Written by: Procons
- Category: Ongoing Recommendation
- Hits: 183
Background
The Cabinet Memorandum on Insolvency Law Reforms No: 2023/Cab Memo/J/L/60 dated 07 th June 2023 mentioned that and effective insolvency law is essential to improve domestic economy and attract international investors. As such, it is imperative to recognize the importance of a robust restructuring and insolvency regime that aims to safeguard viable businesses as going concerns and enable the fast and efficient exit or liquidation of non- viable, insolvent ones. The memorandum further highlighted that the economic reasons for strengthening the insolvency regime are numerous including: Access to credit is improved as creditor risk is better priced, Jobs and supply chains are preserved, Entrepreneurship is promoted and Economic efficiency is enhanced. The Cabinet Memorandum has identified several gaps and lapses in the existing Insolvency Ordinance 1853 and provisions for corporate insolvency being in the Companies Act No.07 of 2007.
Therefore the Cabinet of Ministers proposed and approved that a unified insolvency law should be developed which incorporates recognized global “best practices” tools for the restructuring of viable business in distress; contains clear rules for the disclosure of non- viable businesses , which is supported by a legal and administrative framework that facilitate the effective application of these provisions would meet the needs of the foreign
investors and would strengthen the domestic economy.
The Cabinet of Ministers mandated the Law Commission to draft the required legislation to address the above issues with relevant stakeholders and to submit a proposal.
Present Status
The Law Commission appointed a Subcommittee on Insolvency Law Reforms
- Mr.Chanaka de Silva P.C - Chairperson
- Dr. Harsha Cabral P.C
- Mr.Parinda Ranasighe P.C
- Mr.Nirmalan Wignesharan
- Mr.Niran Ankatell
- Ms. Shehara Weerakoon from the Legal Draftsman’s Department
Preliminary Discussions: 08
World Bank Representatives: The Law Commission had 06 preliminary discussions with the World Bank representatives via virtual meetings on the following dates:
- 17.08.2023
- 23.08.2023
- 09.08.2023
- 17.08.2023
- 05.09.2023
- 12.09.2023
The following topics were discussed as the initial discussions:
- Sri Lanka Insolvency Law Reforms – Key Policy Issues and Policy Questions
- Personal Insolvency Policy Issues - Research and country examples of personal bankruptcy
Meetings with Stake Holders - 02 meetings held on the following dates
- 12.09.2023 –Insolvency Consultancy meeting , coordinated by the Presidential Secretariat
- 14.09.3023- 02 meetings were held with the Private Sector stake holders, coordinated by the Presidential Secretariat. Many leading law firms, accountancy firms and banks were represented. The property excluded from seizure in execution of a decree on unsecured debt and some decisions of courts on insolvency issues were discussed.
Discussions held Progress review meeting with Presidential Secretariat: -03.10.2023
- Meetings with World Bank representatives in Colombo at the Head Office of World Bank Sri Lanka - 25 th September 2023 –06 th October 2023
Developed the draft and opened for the comments of Private Sector, Judicial Sector and the Government Officials.
Number of Law Commission Meetings discussed the progress of the Reforms: 08
- Details
- Written by: Procons
- Category: Ongoing Recommendation
- Hits: 168
Background
The Ministry of Justice has referred the matter under the instructions of Hon. Minister of Justice, Prison Affairs and Constitutional Reforms to the Law Commission to propose necessary reforms by the letter No. MOJ/L7/LC-(01)/2018 dated 06.07.2023. The request was forwarded to the Hon. Minister of Justice by some teachers to consider the following proposals on the development of the children with special needs.
- To transfer the whole authority of the exiting assisted schools to the Government or to Provincial Education Director or to the District Secretary
- To attach the teachers of the Assisted Schools to the service of teachers of Sri Lanka.
- To transfer the capacity building of the teachers of the assisted schools to the special education units of the Zonal education Office.
- To provide the opportunity to the children with special needs to collaborate with the ordinary children in some public events such as concerts, sports meets society activities etc.
- To start the schools for the children with special needs by utilizing the unutilized buildings and infrastructure of schools
- To create higher educational opportunities on the children with special needs for the teaching professional
Present Status:
The Law Commission has appointed a Sub Committee to consider the request:
- Pro.NazimaKamardeen – The Chairperson
- Mr. Chanaka De Silva P.C.
- Ms. Shehara Weerakoon
All relevant documentation has been collected and perused. Based on this information the subcommittee has arrived at some preliminary observations. There seem to be very few assisted schools left and these are mostly governed by religious organizations. Some schools have become fully private in the recent past because teacher salaries have been delayed by the government (eg: Methodist College Colombo). Teacher Unions have an interest in bringing these schools under more governmental control but this may have the opposite effect and cause more schools to become fully private. Therefore, the subcommittee decided to interview
the stakeholders who first presented the issue to ascertain if there is really a pressing need to investigate further, before proceeding to involve the governing authorities of these schools. Finalized the report of the subcommittee by the Law Commission at the Law Commission meeting held on 22 nd December 2023. The finalized Draft has forwarded to the Hon. Minister of Justice and the Secretary Justice.
Number of meetings held with stakeholders: Held on the 12th October 2023
Number of Sub Committee meetings: Two meetings have been held. Two meetings have also been held with the research assistant who has collected the necessary material and uploaded them to a Google drive accessible to all the subcommittee members.
Number of Law Commission Meetings discussed the progress of the Reforms: 06