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Essential Services CG can instruct district/divisional secretaries: P.B. Jayasundera

07 Sep 2021

  • PMD denies Opposition’s claim that CG does not have authority
BY Buddhika Samaraweera Contrary to assertions by the Parliamentary Opposition, President’s Secretary Dr. P.B. Jayasundera has pointed out that the Commissioner General (CG) of Essential Services has the full authority to give instructions to the district secretaries, divisional secretaries, and other relevant officials in terms of Section 5 of the Public Security Ordinance. He added that it is the CG’s duty to implement and co-ordinate all activities related to the maintenance of essential services. President Gotabaya Rajapaksa, on 30 August 2021, declared emergency regulations on the provision of essential foods, with the aim of preventing market irregularities that could cause inconveniences to consumers owing to the concealing of stocks of essential food items, including paddy, rice, and sugar, and in turn charging exorbitant prices for them. Following this, Maj. Gen. M.S.P. Nivunhella was appointed as the Essential Services CG. Subsequently, the emergency regulations prepared for the supply of essential food items was passed in Parliament on 6 September with a majority of 81 votes, where 132 voted in favour and 51 voted against. However, during the debate on that day, the Opposition claimed that the Essential Services CG does not have the authority to instruct officials such as district secretaries. In response, in a statement issued yesterday (7), the President's Media Division (PMD) has refuted the allegations made by the Opposition parties to the aforesaid effect, and added that it shall be the duty of the competent authority, authority, officer, or liaison officer to comply with all such orders given by the Essential Services CG, as may be appropriate. “In accordance with Section 5 of the Public Security Ordinance, it is the duty of the Commissioner General of Essential Services to implement and co-ordinate all activities related to the maintenance of essential services. The number of deputy commissioners or assistant commissioners required for that purpose can be appointed by the Commissioner General, by name or position,” it added. The statement further read that the CG may issue orders to any competent authority appointed under Section 5 of the Public Security Ordinance in order to ensure that essential services are maintained. However, claiming that the declaration of the emergency regulations relating to the provision of essential foods in accordance with the powers vested in him by Section 2 of the Public Security Ordinance by President Rajapaksa is an unwarranted act, Illankai Tamil Arasu Kachchi (ITAK) Parliamentarian and Tamil National Alliance (TNA) Spokesman President’s Counsel (PC) M.A. Sumanthiran recently said that the President’s decision could lead to a state of repression in the country. In this backdrop, Justice Minister M.U.M. Ali Sabry PC, on 6 September, said in Parliament that as the Consumer Affairs Authority (CAA) Act No. 9 of 2003 as amended only enables setting a control price for goods and to initiate legal action against traders who sell goods beyond those control prices, the only way to provide the people with essential food items without any shortage is to enforce emergency regulations on the provision of essential foods under the Public Security Ordinance.  

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