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Public Finance committee raises legality of Port city duty-free mall

By: Staff Writer

March 19, Colombo (LNW): The Committee on Public Finance informed the Secretary to the Ministry of the Investment Promotion to intervene with immediate effect to arrive at a decision regarding a duty-free shopping mall to be established in the port city of Colombo, as the opinion of the Attorney General and the opinion of the Commission are contradicting with each other.

This was stated at the Committee on Public Finance Chaired by. (Dr.) Harsha de Silva, Member of Parliament which met recently in Parliament focusing on the legal authority of the Port City Economic Commission to establish a duty-free shopping mall.

Ms. Anoja Herath, Acting Secretary of the Ministry of Investment Promotion stated that the new regulations related to a duty-free shopping complex have been submitted to the cabinet for approval.

The Committee Chair also stated that the Attorney General has informed that the Commission does not have the authority to specify duty-free goods up to 5000 dollars.

In yjis contect the Chair stated that a private law firm hired by the Port City Commission has informed the Committee on Public Finance in a letter that the Port City Commission has full legal powers to legislate for a duty-free shopping mall and that the opinion of the Attorney General is wrong.

It was discussed that it is concerning to have been notified that the opinion of the Attorney General is wrong through a private law firm and that exercise the power to make laws without the approval of the Parliament is also concerning.

Officials of the Attorney General’s Department who were present at the meeting stated that although the Commission has the power to make laws, it does not have such unfettered powers.

The Committee was also questioned at length about the process of purchasing goods from the duty-free mall, its practicality and impact.

Accordingly, the Chair also informed to conduct a comprehensive study and report on the possible impact on the business entities of the sale of goods in Sri Lanka and the impact on the tax process in relation to the Ministry of Finance.

Dr de Silva also expressed his displeasure that the Chairman of the Port City Economic Commission did not appear in the recent meetings of the Committee.

However, the Committee Chairman pointed out that the participation of the Chairman and the members of the Commission is important to discuss certain important issues, and thus, it should be looked into.

Furthermore, the attention of the Committee was drawn to the non-appointment of a permanent officer for the position of Director General of the Commission.

Furthermore, the Committee pointed out that although the Attorney General has informed that it is against the law to grant temporary licenses for the land parcels of the city, it will continue to happen. 

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