Parliamentary Series No. 184

The Ninth Parliament of

The Democratic Socialist Republic of

(First Session)

First Report of the Committee on Public Enterprises

Presented on 10th day of March 2021 by

Hon. (Professor)

Chairman of the Committee on Public Enterprises

Ordered to be printed by

On 10th day of March 2021

Parliamentary Series No 184

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka

Committee on Public Enterprises

Ninth Parliament (First Session)

According to the announcement made by the Hon. Speaker on 11th September 2020, the following 22 Members of Parliament were appointed by the Committee of Selection in terms of the Resolution of Parliament adopted on 27th August 2020 as per Standing Order 120 (1) of Parliament to serve in the Committee on Public Enterprises for the First Session of the Ninth Parliament:

1. Hon. (Prof.) Charitha Herath, M.P. (Chairman) 2. Hon. , M.P. 3. Hon. ,M.P. 4. Hon. Rohitha Abeygunawardana, M.P. 5. Hon. , M.P. 6. Hon. , M.P. 7. Hon. , M.P. 8. Hon. Herath, M.P. 9. Hon. (Dr.) , M.P. 10. Hon. D.V. Chanaka, M.P. 11. Hon. (Dr.) , M.P. 12. Hon. Ajith Niward Cabral, M.P. 13. Hon. , M.P. 14. Hon. Anura Kumara Dissanayaka, M.P. 15. Hon. Patalee , M.P. 16. Hon. , M.P. 17. Hon. Iran Wickramaratne, M.P. 18. Hon. , M.P. 19. Hon. Jayamaha, M.P. 20. Hon. S.M. Marikkar, M.P. 21. Hon. Premnath C. Dolawaththa, M.P. 22. Hon. Sanakkiya Rajapuththiran Rajamanikkam, M.P.

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka

CONTENTS Page No

1. Chairman‟s Note 7 2. The First Report of the Committee on Public Enterprises in the First Session of the Ninth Parliament 9

3. Special Reports of the Auditor General Examined by the Committee:

13 i. The Special Audit Report Presented by the Auditor General on the Request of the Sectoral Oversight Committee of Parliament on Energy Regarding the Procurement by the Lanka Coal Company Ltd for the Lakwijaya Power Station of Norochcholai from the year 2009 to June 2016

25 ii. The Special Audit Report on the Feasibility Study of the Central Expressway Project and the Procurement Activities for the Project

31 iii. The Special Audit Report on the Operational Activities of the Lakwijaya Power Station and its Environmental Impact

41 iv. The Environmental Audit Report on Water Pollution in the Kelanin River

57 v. The Special Audit Report on Procurement for Printing and Handing over of Lottery Tickets for the Computer-Based Lottery Draw at the National Lotteries Board within the year 2016

65 vi. The Special Audit Report on the Role Performed by the Information Technology Agency of Sri Lanka Pertaining to

Digitalization in the Public Service

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka

Chairman’s Note

I hereby present the report relevant to the examinations of the Committee on Public Enterprises of Parliament held during the period from 06.10.2020 to 08.12.2020. Within the said period which belongs to the First Session of the Ninth Parliament of the Democratic Socialist Republic of Sri Lanka, the Committee basically examined the reports on the special audits conducted by the Auditor General.

Among the examinations contained in this report, one special report is on the examination conducted regarding the feasibility study of the Central Expressway and procurement of that project. Several problematic situations of this project which had been subjected to various changes and amendment over many years could be disclosed through this examination. One significant matter that came to light in the examination regarding the environmental impact of Lakvijaya power plant at Norochcholai was the serious issue that prevails in the legal sector as to whether the subject of environment should come under the concurrent list introduced by the 13th Amendment or the central government. It is very important that the society and Parliament as law makers pay attention to this issue.

Another examination contained in this report that demands special attention is the examination conducted on the role that has been played by Sri Lanka Information and Communication Technology Agency. It was observed here that the performance of this institution established to be a pioneer in building good digital infrastructure within the country was problematic in two aspects. On the one hand is the question whether the service provided by this institution for the development of the digital sector suited the current requirements of the state. On the other hand, is the question whether the financial investment made for this institution has been managed properly.

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In addition to those, the examination on the audit regarding the contamination of the water of Kelani river which should be paid attention by the environment sector, has also been included in this report.

The maximum service due to the country through the examinations conducted by COPE will be received by bringing the recommendations of the committee to the attention of all relevant parties. I wish to state that drawing the attention of the people who exercise sovereignty and of this august Assembly as their representatives to the recommendations contained here would make this effort more productive.

I highly appreciate the support received from the Hon. Members of Parliament who are members of COPE and the support extended by the Hon. Speaker and the staff of Parliament and the National Audit Office headed by the Auditor General to carry out the tasks of COPE successfully.

Hon. (Prof.) Charitha Herath Chairman Committee on Public Enterprises

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka

Ninth Parliament — First Session First Report of the Committee on Public Enterprises

It is with great pleasure that I present the First Report of the Committee on Public Enterprises of the First Session of the Ninth Parliament.

According to Article 154 (1) of the Constitution of the Democratic Socialist Republic of Sri Lanka, the Auditor General subjects to examination all state-owned Corporations, merchant and other businesses vested in the government by any written law and those companies registered or deemed to have been registered under the Companies Act No. 7 of 2007 in which the government, or a government company, or a local authority holds more than 50% or more of the shares, including their accounts, under the Committee on Public Enterprises.

As such, observations and recommendations pertaining to the following Special Audit Reports which were subjected to the Committee‟s examination from 06.10.2020 to 08.12.2020 have been included in this Report:

Special Report Subjected to Examination by the Committee on Public Enterprises and the Institution Subjected to Examination

Special Audit Report Date of Institutions Subjected to Examination Examination 1. The Special Audit 10.06.2020 * Ministry of Energy Report Presented by * Lanka Coal Company Ltd the Auditor General on the Request of the Sectoral Oversight Committee of Parliament on Energy Regarding the Procurement by the Lanka Coal Company Ltd for the Lakwijaya Power Station of Norochcholai from the year 2009 to June 2016

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2. The Special Audit 20.11.2020 * Ministry of Highways Report on the * Roads Development Feasibility Study of Authority the Central Expressway Project and the Procurement Activities for the Project

3. The Special Audit 24.11.2020 * Ministry of Power Report on the * Ceylon Electricity Board Operational Activities of the Lakwijaya Power Station and its Environmental Impact 4. The Environmental 26.11.2020 * Ministry of Environment Audit Report on * Ministry of Water Supply Water Pollution in the * Ministry of Irrigation Kelani River * Ministry of Health * Ministry of Industry * Ministry of State Services, Local Government and Provincial Councils * Board of Investment of Sri Lanka * Central Environmental Authority * National Water Supply and Drainage Board

5. The Special Audit 04.12.2020 * Ministry of Finance Report on * National Lotteries Board Procurement for Printing and Handing over of Lottery Tickets for the Computer-Based Lottery Draw at the National Lotteries Board within the year 2016 10

The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka

6. The Special Audit 08.12.2020 * Ministry of Technology Report on the Role * Information Technology Performed by the Agency of Sri Lanka Information Limited Technology Agency of Sri Lanka Pertaining to Digitalization in the Public Service

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka

Special Audit Report presented by the Auditor General on the request of the sectoral oversight committee on power in Parliament with regard to the procurement of coal conducted by the Lanka Coal Company Pvt. Ltd. for the Lakvijaya power plant in Norochchole from 2009 to June 2016

Institutions investigated - Ministry of Power - Lanka Coal Company Pvt. Ltd Pre Committee meeting discussion – held on 06th October 2020

Participation Hon. (Pof.) Charitha Herath (Chairman, Committee on Public Enterprises) Mr. W. P. C. Wickramaratna- Auditor General Ms. N. S. Wickramaratna (Secretary, Committee on Public Enterprises) and Ms. M. K. A. D. Shyama de Alwis Mr. L. K. I. Samantha – Audit Superintendent

Date of investigation - 6 October 2020 Matters discussed 01. Establishment and the operation of the company Prevalence of contradictions between the objective of the cabinet agreement to establish the Lanka Coal Company Pvt. Ltd., and the objectives mentioned when the company was incorporated.

Thus, the need has arisen to limit the objective of this Company solely for the purpose of purchasing coal and the secretary to the ministry stated that discussions have been started in this regard.

The Committee inquired about the internal capacity of the generators owned by the power plant and the maximum capacity that can be given out from the power plant and the following facts have been revealed.

 The power plant has three 300MW generators.

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 Each generator consumes 30 watts for internal usage.  Accordingly, the actual capacity of a generator is 270MW.  Though this is named as a 900MW power plant, it is actually an 810 MW power plant.

Recommendations Submit a report to the Committee including the courses of action taken and the progress of the discussions with regard to those facts.

Responsible officers/ institutions to implement the recommendations Secretary – Ministry of Power Chair – Lanka Coal Company Pvt. Ltd.

Report the present situation and the progress The Committee is informed through the letter dated 23.10.2020 and No. PE/FIN/8/21/2016 by the Secretary to the Ministry of Power that arrangements have been made to change the Article of Association of the Company as mentioned in the Cabinet memorandum that was the base to establish the company.

Further clarifications have been submitted on the facts recommended by the letter dated 04.01.2021 and PE/FIN/8/21/2016 by the secretary to the Ministry of Power.

Accordingly, a draft amended as per the recommendations of the Auditor General, the Committee on Public Enterprises and the decision taken by the cabinet by including the objectives related to the subject area and by removing the facts that are not related to the subject area has been submitted to the 78th board meeting held in 04.12.2020. (Annexure 01)

It has been further informed that, to establish those new objectives, action will be taken to report the progress of further activities since the final amendments have to be decided in a shareholders‟ meeting.

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02. Weaknesses in the process of calling for bids Issuing applications to institutions that had experience of only 03 years during the coal procurement process despite the resolution during the calling of bids that the prospective institutions should have 05 years‟ experience in supplying coal. The Chairman of the institution stated that although permission had only been given to institutions having at least five years‟ experience before the year 2017, permission was extended to institutions that had 03 years‟ experience as well after the year 2017. The Committee pointed out that the closing dates for receiving bids pertaining to the procurements relevant to the report had been changed on several occasions and expressed the concern that the institution had not been able to gain the advantage that could have been achieved by allowing competition between the bidders during procurement. Recommendations i. That a definite methodology be followed in procurements that involve huge financial capital such as these, and ii. That arrangements be made to conduct procurement under the lawful methodology, Responsible officers/ institutions to implement the recommendations Secretary - Ministry of Power Chairman - Lanka Coal Company Pvt. Ltd. Reporting on the Present Status and the Progress The Secretary to the Ministry of Power has by his letter No. PE/FIN/8/21/2016 dated 23.10.2020 informed the Committee that an expert on procurement has been assigned to study the procurement process and documents and make recommendations, that action would be taken to present his report as soon as it has been received, and that if some action is necessary according to that report, necessary action would be taken and Committee would be informed of it.

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03. Weaknesses in the process of evaluating of bids Facts revealed that there had been situations where the procurement committee took actions to select another supplier after suspending the supplier selected in the previous procurement process and as a result of that the procurement had to be done again causing a huge loss of financial capital to the country owing to such weaknesses in the process of calling for bids.

The Committee observed that the auditing had reports that the procurements that had not been signed by the technical evaluation committee had been approved and they should be given the opportunity to mention any objections/ observations in this regard.

The secretary to the ministry stated that the weaknesses in the process of calling for bids have been identified and arrangements are being made at present to regulate that process by studying the conditions related to procurement in other countries in the world.

Recommendations Make necessary arrangements to regulate the bid evaluation process using a long term properly managed course of action by avoiding the weaknesses in that process and present it to the Committee.

Responsible officers/ institutions to implement the recommendations Secretary – Ministry of Power Chair – Lanka Coal Company Pvt. Ltd.

Report the present situation and the progress The Committee has been informed that an expert on procurement has been assigned with the task of submitting recommendations after studying the procurement process and the procurement documents and as soon as the report is submitted, it will be presented to the Committee and if any corrections are recommended, arrangements will be made to take necessary action in that regard and to submit a report to the Committee. A clarification has been presented on the recommended facts.

(Annexure 2) 16

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04. Procedure of Procurement Using Spot Contracts or Term Contracts in procuring coal.

The secretary to the ministry is of the view that the procurement method in coal procuring should be decided on the behavioral pattern of the market and the chairman of the company stated that a separate percentage value should be given to those two methods.

The Committee emphasized that when a decision is made to follow any of those two methods that decision should be based on a policy rather than profit or loss.

Recommendations i. Take a decision after having a discussion with the Ceylon Electricity Board, Coal Company and the Ministry on as to when the long-term tenders and short-term tenders should be used in coal procurement and the percentage value that should be given on each situation. ii. Prepare a proper procedure in this regard and submit that report to the Committee.

Officers/ institutions responsible to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Company Ltd.

Report the present situation and the progress The Committee has been submitted a clarification of the commencement of spot tenders in 2015 -2016 and the reasons for calling spot tenders and long term tenders on previous occasions.

It has been informed that the procurement committee and the technical evaluation committee would decide the percentage that should be taken from long-term tenders and spot tenders to call the long term tender 2021- 2023 and inform the Committee on Public Enterprises in this regard. (Annexure 03)

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5. Covering approval of the Cabinet Though procurement has been done on the covering approval of the Cabinet there are a large number of transactions to which the granting of approval has been delayed.

The secretary to the Ministry expressed his views in this regard and the following facts have been revealed.

i. Spot procurement needs quick decision making and therefore those transactions are done on the covering approval; ii. In long-term procurements, the relevant transactions are done after obtaining the cabinet approval.

6. Procurement process to take place in not accordance with the procurement guidelines. The Committee observed that the Audit has information that the procurements have been done in not accordance with the procurement guidelines during the period mentioned in the report.

The Committee pointed out that the Ministry of Power, Lanka Coal Company Ltd., Electricity Board and the Shipping Corporation should have a continuous discussion in this regard.

Recommendations Follow the guidelines in the procurement guidelines whenever possible.

Responsible persons/ institutions to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Private Ltd.

Present situation and the progress The Committee has been informed that arrangements have been made to follow the procurement guideline in the bid documents and the procurement processes followed at present after observing the shortcomings in the previous occasions.

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07. Appoint an alternative officer to the procurement evaluation committee

Of the procurements that are taken into consideration in the above audit report an additional secretary has participated on eight occasions without the participation of the secretary to the ministry.

Recommendations Report to the Committee whether there are legal provisions to appoint another officer instead of the secretary to the ministry to the procurement committees appointed by the cabinet of ministers.

Officers/ institutions responsible to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Pvt. Ltd.

Report the present situation and the progress Recommended report has been submitted. (Annexure 04)

08. Process to raise awareness among the suppliers on the procurement activities

The audit observes that there is no definite agreement regarding the media that publicize advertisements to raise awareness among the suppliers about the procurements done by the coal company.

Recommendations To make arrangements to give ample publicity with regard to procurement without limiting it to the internet web sites or publishing in a few newspapers and make arrangements to publish procurement advertisements in all the weekend newspapers.

Officers/ institutions responsible to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Pvt. Ltd.

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Report the present situation and the progress The Committee has been informed in a letter dated 23.10.2020 and no. PE/FIN/8/21/2016 of the Secretary to the Ministry of Power that arrangements would be made to act according to the recommendations of the Committee and a clarification of the process to raise awareness among the suppliers has been submitted. (Annexure 05)

09. Maintaining the minutes of the procurement committee meetings

Not maintaining the minutes of the procurement committee meetings. Recommendations Take necessary steps to maintain proper procurement committee meetings.

Officers/ institutions responsible to implement the recommendations Secretary – Ministry of Power Chairman- Lanka Coal Pvt. Ltd.

Report the present situation and the progress The Committee has been made aware that necessary steps have been taken to maintain the procurement committee meeting minutes properly.

10. Audit observations from section 18.6 (a) to (d) of the special audit report on coal procurement

Pay attention to the audit observations on section 18.6 (a) to (d) of the special audit report on coal procurement and observe that it has incurred a huge financial loss to the country. That is,

1. Quality price adjustment criteria on the size and the weight of a lump of coal has been entered in the long-term procurement but that criteria has been removed in the spot procurement. 2. Independent standard institutions have added grain size in their quality check reports up to January 30, 2016 and that information has been removed from that report after 16 February 2016.

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3. The coal company has not paid proper attention to the change of Sulfur and Ash price adjustment equations when they entered into a final agreement with Liberty Commodities. 4. Noncompliance with the no. 3.6 of the procurement guidelines. 5. The loss incurred by purchasing coal from Lanka Shipping Company when there was the possibility of buying one metric ton of coal to the tune of 148.29 US $ from the Nobel Resources Company.

Recommendations Conduct an internal investigation in this regard and present a report to the Committee identifying the responsible officers including the relevant audit observations.

Responsible officers / institutions to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Pvt. Ltd.

Report the present situation and the progress A five-person committee has been appointed to implement those recommendations with Mr. K. G. K. Nemmawatta as the committee chair. It has been informed that the report of the said committee would be submitted to the Committee as soon as the recommendations are made.

11. Purchasing coal deposits Since plans have been made to operate this power plant until 2050, a discussion was held on the purchasing of coal for that.

The secretary to the ministry stated that, through the ministry of foreign affairs, they expect to have discussions with countries that have coalmines and to have long-term agreements to purchase coal to the market price.

12. Barges used to transport coal The Committee inquired about the barges purchased spending a huge financial capital.

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It has been revealed to the Committee that those barges are now with the Navy in the Trincomalee district.

Recommendations Present a report to the Committee including the following facts about the barges purchased to transport coal.

i. The amount of money spent for the barges. ii. Why this institution failed to maintain the barges. iii. Why barges are stationed in another place. iv. The procedure followed to hand over the barges to the navy.

Responsible officers / institutions to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Company Ltd.

Report the present situation and the progress The recommended report has been submitted with the letter of the secretary to the ministry of power no. PF/FIN/08/21/2016 and dated 09.11.2020. (Annexure 06)

13. Responsibility of the Shipping Corporation The Committee focused its attention on the responsibility of the shipping corporation in procurement.

Recommendations Submit a report on procurement done by the Shipping Corporation including the following facts.

i. If there is any advantage if the coal purchasing was done from the open competitive market without purchasing through the shipping corporation. ii. Compared to the other suppliers who submitted the bids, whether there is any difference in the charges of the Shipping Corporation.

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Responsible officers / institutions to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Company Ltd.

Report the present situation and the progress A clarification has been submitted. (Annexure 07)

14. The difference between the amount that has been ordered and the amount delivered.

Inquired whether there is a verification to ascertain that the amount ordered and the amount delivered are the same and whether there is a loss calculation.

Recommendations Focus the attention on this matter. Responsible officers / institutions to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Pvt. Ltd.

Report the present situation and the progress A clarification has been submitted. (Annexure 08) 15. Appoint a legal officer and get advice and observations from the Department of Attorney General

Since the coal company engages in procurements that cost a large sum of money the legality of the documents with regard to those activities should be taken into consideration.

Recommendations Get the service of a legal officer for that and act according to the observations/ advice of the Department of Attorney General.

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Responsible officers / institutions to implement the recommendations Secretary – Ministry of Power Chairman – Lanka Coal Pvt. Ltd. Company

Report the present situation and the progress The letter number PF/FIN/08/21/2916 dated 04.01.2020 by the secretary to the Ministry of Power has reported about this matter in the following manner.

 That it is expensive to recruit an expert qualified lawyer as chances are high for the occurrence of legal issues as per the nature of international trade and shipping related to the coal supply transactions.  That the Department of Attorney General to appear for such situations which may occur locally.  That the services of the international lawyers to be obtained with the intervention of the foreign embassies through the Department of Attorney General in such situations which may occur internationally.  It is also the opinion of the Coal company as well to continue with the same methodology in future and action to be taken to inform the committee of the collective decision which will be taken at the end of the discussions that are further conducted with the relevant parties.

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Special Audit report on the Feasibility Study of the Central Expressway project and the Procurement activities of that project

Institutions investigated _ Ministry of Highways _ Road Development Authority

Pre Committee meeting discussion_ 20th November 2020

Participation Hon. (Professor) Charitha Herath (Chairman- Committee on Public Enterprises) Mr. P.L.K. Perera- Deputy Auditor General Mrs. N.S. Wickremesinghe (Secretary- Committee on Public Enterprises) and Mrs. Charani Pieris Mr.S.M.N. Thilakaratne- Assistant Auditor General

Date of inquiry- 20th November 2020

Matters discussed

1. Preparation of Feasibility Reports

Inquiring in to the efficiency of the Feasibility reports conducted at a huge cost by Euro Lanka Group in relation to the Northern Expressway and SMEC International Pvt.Ltd and other institutions in relation to the Central Expressway.

Selection of the SMEC International Pvt.Ltd for the preparation of the Feasibility Report on the basis of working as the construction overseer and planning consultant of the - Katunayake Expressway project, subject to the approval of the Cabinet of Ministers.

Recommendations

i. Submission of a detailed report on the current status of all feasibility studies conducted on the Central Expressway up to now, the financial cost incurred on each such report and the manner those reports were used for the relevant project, within a month.

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ii. Making the committee aware of the above (i) matter by way of a presentation.

Responsible officers / institutions to implement the recommendations Secretary- Ministry of Highways Chairman- Road Development Authority

Reporting the Current status and Progress

The above recommended report has been submitted to the committee by the letter of the secretary of the Ministry of Highways bearing No.MPH/HWY/PLM/02/03-Vol.11 and dated 31.12.2020.

The cost incurred on the feasibility study of the Northern Expressway and the financial cost incurred on updating the feasibility study of the Central Expressway owing to the changes effected on the its track as well as the manner in which those reports were used in the project have been specified in annexure 09 in detail.

2. Changing the scope of the project

The basis of changing the track of this project which was commenced as the “Northern Expressway” and later changed as the “Central Expressway” and the financial impact caused as a result of it.

In reaching this decision, the observations of the Treasury, Technical committee reports or observations of the managers of the relevant project, had not been obtained for the Cabinet memorandum that was submitted.

Recommendations

Submitting a comprehensive report, detailing the basis on which the track of the project changed and the financial impact caused to the project by that, to the committee within a month.

Responsible officers / institutions to implement the recommendations Secretary- Ministry of Highways Chairman- Road development Authority

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Reporting the current status and the progress

A clarification in this regard has been submitted. (Annexure 10)

03. The cost of a project unit of phase 111 of the Central Expressway project taking a high value

The cost of project unit of phase 111 of the Central Expressway shows a higher value compared to the cost of other units.

Recommendations

Submitting a detailed report on the unit cost of 1st, 2nd, 3rd and 4th units of the Central Expressway project.

Responsible officers / institutions to implement the recommendations Secretary- Ministry of Highways Chairman- Road development Authority Managers of project units 1, 2, 3 and 4 of the Central Expressway

Reporting the current status and progress

The recommended report has been submitted. (Annexure 11)

04. Malpractices at the process of calling for bids

The committee observed that an intervention has been made into the process of calling for bibs by the CCEM (Cabinet committee on Economic Management) in violation of the provisions of the Public Procurement Guidelines of 2006.

Further, in providing recommendations by the CCEM for the constructions of phase three of the project, Fujitsu institution had not obtained the observations of the Treasury or the Procurement committee reports.

Recommendations

i. Following a specific methodology in relation to procurements, which involve a massive capital like this? ii. Making the necessary arrangements to make procurements under a specific legal framework. 27

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Officers/institutions responsible for implementing recommendations

Secretary- Ministry of Highways Chairman- Road Development Authority

Reporting the current status and progress

Not reported as at 31.01.2021

05. Not taking specific decisions by the responsible parties

The construction activities of the project getting inordinately delayed owing to the constant changes being made to the Track of the Central Expressway, thus causing an adverse impact on the cost of the project.

Recommendations

Paying serious attention to the following matters of projects that involve massive financial cost.

i. Preparing specific plans. ii. Obtaining proper feasibility reports. iii. Working within a specific time frame.

Officers/ institutions responsible for implementing recommendations

Secretary- Ministry of Highways Chairman- Road Development Authority

06. Not commencing the construction activities of phase III and IV of the Central Expressway Project, yet

The Committee paid its attention to not commencing the construction activities of phase III of the Central Expressway project, and only commencing the procurement activities.

Further, the Committee paid the attention to not commencing the construction activities of phase IV of the Central Expressway project and only acquiring lands.

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Recommendations

Submission of a detailed report on the current status of each project of the Central Expressway project to the Committee.

Officers / institutions responsible for implementing recommendations

Secretary, Ministry of Highways Chairman, Road Development Authority Managers of Projects I, II, III and IV of the Central Expressway

Reporting the current status and progress

Recommended report has been submitted. (Annexure 12)

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka

Special Report of the Auditor General on the operation of the Lakvijaya Powerplant and its environmental impact

Institutions investigated - Ministry of Power - Ceylon Electricity Board

Pre Committee meeting discussion - 23rd November, 2020

Participation Hon. (Professor) – Charitha Herath (Chairman, Committee on Public Enterprise) Mr. P. C. Wickramaratne – Auditor General Mrs. N. S. Wickramaratne (Secretary,Committee on Public Enterprises) and Mr. Samika Silva Mr. S. M. Rohitha - Deputy Auditor General

Date of Investigation: 24th November, 2020

Matters discussed

01. Presentation of Annual Reports to Parliament Annual Reports of the Ceylon Electricity Board for the years 2017, 2018 and 2019 have not been presented in Parliament.

The Finance Manager of the Ceylon Electricity Board stated that the Annual Report of 2017 has been sent to be presented to Parliament and the Annual Report of 2018 has been finalized and that it can be printed after receiving the Audit Report of 2019 by incorporating it.

Recommendations

i. Presentation of the Annual Report of 2020 within the specified period of time. ii. Presenting the hither to unpresented Annual Reports as quickly as possible. iii. Informing the relevant institutions to present the Annual reports to Parliament within the specified period of time, after

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the expiration of the financial year, in accordance with the Guidelines issued by the Department of Public Enterprises.

Officers / institutions responsible for implementing recommendations

Secretary – Ministry of Power (for (i) and (ii) above) Secretary - Committee on Public Enterprises (for iii above)

Reporting the current status and progress

Not reported as at 31.01.2021

02. Using sources with high cost in the generation of electricity It was observed that attention has been paid to sources with high cost instead of using sources with low cost in the generation of electricity.

The Secretary to the Ministry of Power stated that the source for the generation of electricity (raw materials and generating power plant) is decided in terms of its cost and in that factors such as lowest cost and necessity are considered.

03. Electricity generation of the Lakvijaya power plant and system stability Observing that an electricity generation unit with 300 mw. Is getting added to the Lakvijaya power plant in 2023 and 2 electricity generating units with 300 mw are Getting added to the Foul point in 2026. According to the details given in the Generation plan and inquiring on the inquisitiveness of the Ministry of the electricity requirement of projects such as the Colombo Port City Project.

The following facts were discovered there.

i. That, it is the long term generation plan for the next 20 years from 2018 that has been approved at present. ii. However, there are plans on electricity generation plans which use liquefied natural gas (LNG) because of the opinion on the use of coal. iii. That the long-term generation plan needs to be updated.

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iv. That, the electricity requirement grows by nearly 6% annually. v. That, this decision has been arrived at, as the Foul point is the most suitable location after stalling the construction of a power plant with 500 mw at Sampur. But a final decision has not been taken. vi. That the generation, transmission and distribution plans are implemented in parallel to each other as a whole. vii. That, LNG power plants are given priority and LNG supply has not been obtained so far and that it is expected to obtain it by calling for tenders by next month. Recommendations

Making the following proposals by pointing out that there has been 3 break downs since 2017 and it has been reported that the reason for that is the establishment of a huge power plant like this in one location and the accumulation of yet another 300 mw. Further aggravates the stability of the system.

i. Considering all factors such as the capacity and storage capacity of transmission lines as well as the environmental issues at the feasibility study. ii. Paying attention to alternatives. Officers / institutions responsible for implementing recommendations

Secretary – Ministry of Power Chairman – Ceylon Electricity Board

Reporting the current status and progress

Not reported as at 31.01.2021.

04. Functioning of the Environment Authority of the North Western Province Pointing out the fact that the Environment Authority of the North Western Province is operating within the province without any regard to the functioning of the Central Environment Authority and that it emits gases

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to the environment causing harmful impacts to the whole country despite the fact that the subject of environment comes under the combined list according to the 13th amendment of the constitution and inquiring on the following.

i. Capacity of the Authority to regulate the technical activities of mass-scale institutions such as the Lakvijaya power plant. ii. Reason for not issuing the license till 10th May 2018, the day of audit. iii. Postponing the establishment of the Environment Consultative Council of the Provincial Environment Authority. The Committee observed the following matters there.

i. That, the Environment Authority of the North Western Province functions as the sole regulatory body in the province in this regard, on the basis of an observation of a judgement of the Supreme Court. ii. That, there is a report of the Attorney – General on this. iii. That, there is an observation by the Central Environment Authority that the most air emission is present in the North Western Province. iv. That, as the impact of starting this type of A- Grade power plants spread across the country, the Provincial Environment Authority should work along with the Central Environment Authority.

Accordingly, it was revealed that,

i. The Environment quality assessment for getting the Lakvijaya Power plant approved was conducted by the Environment Authority of the North Western Province and the Coast Conservation Department. ii. The approval for the EIA (Environmental Impact Assessment) was granted by the Environment Authority of the North Western Province. iii. The permit for 2017 and 2018 were not issued as there was a fundamental Rights case pending in the Supreme Court.

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iv. The permit has now been issued and the environment consultative council has been established. v. Discussions were held in this regard with the Central Environment Authority in the past few years and that the Ministry has expressed its agreement to work together with the Central Environment Authority in issuing this permit.

05. Problem of flying Ashes Pointing out that the 3 units of the Power plant generate 900 metric tons of flying ashes in the process of burning coal and that 658,051 metric tons of flying ashes are deposited at the Ash plant and that it is an environmental issue and that it is an environmental issue and that the EPL (Environment Protection License) has been extended 5 times and that this violates a part of the license and inquiring on that.

It was revealed here that an agreement has been signed with 7 institutions to sell flying ash for a period of five years by publishing a newspaper advertisement in 2018 and the ashes deposited at the Ash plant are dump ashes collected at various instances before 2018.

06. Breakdown at Unit of the Lakvijaya Power Plant Observing that breakdowns have taken place at unit 1, more often than at unit 2 and 3 inquiring on the reasons for that.

It was revealed here that breakdowns took place at unit I at many instances in 2015 and 2016 and at that time the availability factor was nearly 40% and later the availability factor increased to about 80%.

07. Dumping waste water to the marine zone Pointing out that the responsibility of this lies with the Coast Conservation Department and the Environment Authority of the North Western Province and that there are observations by the MEPA (Marine Environment Protection Authority) that more waste water than the volume permitted by the EPL (Environment Protection License) is dumped to the marine zone by the institution and inquiring about the quality of the waste water so dumped.

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i. That, a MEPA license needs to be obtained in relation to dumping waste water in to the ocean. ii. That, standards have not been exceeded in checking the cool water that is dumped. iii. That there are complaints from the fishermen that fish swim further in to the ocean as a result of dumping waste water and their bodies contain mercury and that a study is conducted by the NARA (National Aquatic Research Agency) to inquire into the impact caused by this waste water. iv. That there are international conventions such as the Male Convention on preventing Ocean pollution by ships and Sri Lanka has ratified such conventions.

Recommendations

Submitting a copy of the letter of request for the MEPA License which has expired on 8th September 2020, to the Committee through the Secretary to the Ministry.

Officers/ Institutions responsible for implementing recommendations

Secretary - Ministry of Power Chairman - Ceylon Electricity Board

Reporting the current status and progress

The recommended letter has been submitted through the letter of the Secretary to the Ministry of Power PF/FIN/05/61/2015 5th Volume dated 15/12/2020 and the relevant permit has been issued to the Lakvijaya Power Plant by the MEPA (Marine Environment Protection Authority) by now. (Annexure 13)

08. The Renovation Scheduled to Be Carried Out in Unit No.02 of Lakvijaya Power Plant in the Year 2021

It was pointed out that a renovation was expected to be carried out in Unit No.02 of Lakvijaya power plant in the year 2021, due to which the aforesaid unit of the power plant was required to be closed down for a

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka period of more than 75 days. It was inquired whether there was an optional plan prepared to meet the demand caused by that closure.

It was revealed that any problem would not be caused by this and necessary plans have been prepared to face this situation.

09. Testing the Emissions Released through the Chimneys of the Plant

It was pointed out that the Industrial Technology Institute has observed that the emissions released through the chimneys of the plant are obtained to be tested at a height of 30 meters though the aforesaid emissions should be obtained to be tested at a height of 60 meters. The Committee inquired of the reason for it.

It was revealed here that the equipment had been installed at a height of 30 meters as per the instructions given at the time when the power plant was constructed and it has to be checked whether the chimney has the physical strength to bear a platform with people and equipment at a height of 60 meters and the protective membranes of the chimney could be destroyed when pipes are installed piercing the chimney and a long term shutdown has to be made if operations are made from inside the chimney in order to avoid it .

10. The Ground Water in the Area around Lakvijaya Power Plant

It was inquired into the facts whether; any investigation has been made in regard to the ground water in the area after Lakvijaya power plant was constructed, any investigation has been made in regard to the recommendations made by the Water Resources Board, the Environmental Authority of the North Western Province has made an investigation in this regard and also whether the farmers of the area have complained that the water level of the area has gone down.

The following facts were revealed.

i. That the ground water is used to be sprinkled to ash. ii. The Water Resources Board has reached at a consensus in this regard.

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iii. The quality of the ground water is tested very quarter to look into the fact whether waste had been added to the ground or ground water in whatsoever manner in addition to this. iv. That the aforesaid standards currently exist in the water quality parameters. v. That the water in 57 places located away from the power plant is tested by the Water Resources Board.

Recommendations

An independent report should be submitted to the Committee in regard to this matter.

Officers/ Institutions responsible for implementing recommendations

Secretary-Ministry of Power Chairman-Ceylon Electricity Board

Reporting the Current Situation and the Progress

The comprehensive report recommended above was submitted to the Committee by the 5th Volume No.PE/FIN/05/61/2015 and the letter dated 22.12.2020 of the Secretary to the Ministry of Power. (Annex 14)

11. Growing Trees in the Buffer Zone

It was pointed out that it has been observed that even though there exists a direction to the effect that trees should be grown in the lands located in the buffer zone of the Lakvijaya power plant, the task of growing trees there is carried out at a minimum level and it was inquired whether there is any problem in acquiring the aforesaid lands.

It was revealed at this juncture that the task of growing trees in that area is being carried out in a highly successful manner and afforestation has been carried out by now in 4.5 acres of lands in the boundary having purchased the said lands and another 1.5 acres of land are scheduled to be purchased and an effort is made in this manner to cover the village by a natural barricade.

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12. The Effect Made by the Capacity of the Pier in Establishing the Fourth Unit

It was pointed out that the capacity of landing coal in the pier of the Lakvijaya power plant was 2.7 million tons per year and the capacity required would be 3.3 million tons per year in establishing the fourth unit and it was inquired as to how this gap would be bridged in the future.

The officers commenting on this stated that even though a problem does not arise at the moment as per the current belt capacity of the pier, necessary proposals have been made to get the trustworthiness confirmed as the number of ships carrying coal would increase once the fourth unit is established.

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Environmental Audit Report regarding the Water Pollution in the Kelani River

Institutions investigated - Ministry of Environment - Ministry of Water Supply - Ministry of Irrigation - Ministry of Industries - Ministry of Public Services, Local Government and Provincial Councils - Ministry of Health - Central Environmental Authority - The Board of Investment of Sri Lanka - National Water Supply Drainage Board Pre- Committee Meeting Discussion – 26th November2020 Participation Hon. (Professor) Charitha Herath (Chairman Committee on Public Enterprises) Mr. W.P.C Wickramaratne- Auditor General Mrs. N.S. Wickramaratne (Secretary-Committee on Public Enterprises) and Mrs. Chandima Kulathilaka Mrs. S.S. Kodippili -Audit Superintendent

Date of Inquiry: 26thNovember2020 Matters Discussed 01. Environment Protection Licence- EPL

It was observed that out of 294 industries in A and B categories established in the Western province and are associated with the Kelani river, 41 industries in the A category were functioning without Environmental Protection Licenses and licenses in 205 industries have been terminated and there existed 17 highly risky industries without any records. 41

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The Chairman of the Central Environmental Authority stated that all the institutions in Colombo and Gampaha districts situated at a distance of 500 meters from the bank of the Kelani river have been made undergo a physical examination in connection with this matter and steps would be taken to submit a comprehensive report in that regard to the Committee.

Recommendations

An examination report should be submitted to the Committee on the current situation of this matter with a copy to the Auditor General within a period of two weeks.

Officers/ Institutions responsible for implementing recommendations

Secretary- Ministry of Environment Chairman- Central Environmental Authority

Reporting the Current Situation and the Progress

Here, the responsibility of the following matters will be taken over by the Central Environment Authority, Sri Lanka Investment Board and the relevant Local authority and it has been reported to the committee through the letter number PL/15/ Kelani dated 21.01.2021 by the Secretary to the State Ministry that the required arrangements will be made to take proper steps accordingly.

 Identifying the issues in the EPL suspended industries and to introduce proper remedies.  Identifying the issues of the industries of grade C and to present solutions without causing a harmful impact on the Kelani river and the relevant institutions.  Formulating a follow up mechanism and continuous supervision 02. Registration of Laboratories Only a few laboratories out of the 28 laboratories registered in the Central Environmental Authority have taken steps to obtain the accreditation certificate and it was inquired about the inquiries made by the Central Environmental Authority in this connection due to the fact that it has been

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka decided to consider this as a mandatory requirement with effect from 2022.

The following facts were revealed at this juncture, i. Emergence of different problems in providing the accreditation certificate to all the laboratories within a short period of time. ii. However Sri Lanka Accreditation Board has made plans to rectify the aforesaid situation within the next few years. iii. Until then the Central Environmental Authority conducts standardization every two years to ensure that all the laboratories registered in it properly adhere to the relevant parameters. iv. That the industries in the A and B categories that release wastewater exist under the purview of the Central Environmental Authority and all the small scale industries (C category) exist under the purview of the local authorities and the said industries do not release wastewater

Recommendations i. When there are differences as to which governing authority these industries should be subjected to under this categorization of industries ,the local authorities and the Central Environmental Authority should reach at a consensus in that regard. ii. Sri Lanka Accreditation Board should implement the courses of action in regard to these matters without delay. Officers/ Institutions responsible for implementing recommendations

Secretary - Ministry of Public Services, Local Government and Provincial Councils Chairman - Central Environmental Authority Chairman -Sri Lanka Accreditation Board

Reporting the Current Situation and Progress The current situation and the progress have been reported. (The information presented by the secretary to the State Ministry of Public Services, Provincial Councils and Local Government regarding the current situation and the progress related to point 01 above are relevant to this matter as well.)

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03. Industries that Create Waste Water in the Export Processing Zone in Sitawaka 37 industries in this zone have not fulfilled the requirement of obtaining the environmental protection license in a satisfactory manner.

The chairman of the Board of Investment stated that 15industriesout of these37 industries create waste water and a report has been submitted to the Central Environmental Authority in that regard.

Recommendations A report which includes the observations in regard to this matter should be submitted to the Committee within a period of one month.

Officers/ Institutions responsible for implementing recommendations

Secretary- Ministry of Environment Chairman - Board of Investment of Sri Lanka

Reporting the Current Situation and Progress A report of the aforesaid matter has been submitted by the letter of the Chairman of the Board of Investment of Sri Lanka dated 06.01. 2021.

The aforesaid letter has reported that a request has been made from the Central Environmental Authority to grant approval to issue environmental protection licenses to 15 industries out of the aforesaid 37 industries as they conform with the relevant environmental compliance according to the field examination report and another 16 industries have submitted applications to get their environmental protection licenses renewed and valid environmental protection licenses have been provided to the remaining 06 industries.

04. Environmental Protection License for the Export Processing Zone in Sitawaka

An environmental protection license had not been provided to the Export Processing Zone in Sitawaka for a period of 8 years.

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The Chairman of the Central Environmental Authority stated that a legal proceeding is underway in regard to this matter and it is expected that it will be settled shortly.

The following facts were revealed at this juncture.

i. That action will not be taken to expand the activities of the factories in this zone further more. ii. That the waste water treatment center of this export processing zone in Sitawaka is controlled by the National Water Supply Board and basically it has been designed for a capacity of 9900 cubic meters and the Board of Investment is already taking action to increase that capacity up to 15000 cubic meters. iii. That the waste water released by high polluting factories is not treated in the proper manner and even though that water is treated in that manner, a big treatment cost has to be borne for it due to the fact that the amount of toxic materials containing in it is higher.

iv. That the production cost of it is going up and if long term plans are not prepared, the system may collapse one day in the future and it may be very difficult to restore it.

Recommendations As the zone associated with industries is a highly sensitive zone, the Board of Investment of Sri Lanka and the Central Environmental Authority should reach at a mutual consensus in regard to this matter without delay and adjust the existing situation.

Officers/ Institutions responsible for implementing recommendations

Secretary- Ministry of Environment Secretary -Ministry of Water Supply Chairman- Central Environmental Authority Chairman- Board of Investment of Sri Lanka Chairman- National Water Supply and Drainage Board

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Reporting the Current Situation and the Progress It is mentioned in the recommended report submitted by the Chairman of the Board of Investment of Sri Lanka in regard to this matter that it has been informed to the Central Environmental Authority to take action to settle this case and the Board of Investment of Sri Lanka has already taken action to increase the capacity of the Common Treatment System and the estimated cost of it is 900 million rupees.

05. Irregularity in the Mud Disposal System in the Export Processing Zone in Sitawaka

Irregularity in the system of disposing of the mud created by the common waste water treatment system in the export processing zone in Sitawaka.

The following facts were revealed at this juncture.

i. That the only solution for this is to establish a final disposal system for the disposal of this mud.

ii. That the potentiality of the pollution of the water sources can be observed by taking action to examine the ground water in the area to which this mud disposed of.

Recommendations i. A report in regard to the impact that can be caused to the ground water in this area by the disposal of this mud should be submitted to the Committee within a period of one month. ii. Action should be taken to examine the ground water in the area to which this mud is disposed of and a report should be submitted to the Committee in that regard within a period of one month.

Officers/ Institutions responsible for implementing recommendations

Secretary- Ministry of Water Supply Chairman -Board of Investment of Sri Lanka Chairman- National Water Supply and Drainage Board

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka

Reporting the Current Situation and Progress i. Report has been submitted in regard to recommendation No. (i) above. ii. The examination report submitted by the Board of Investment of Sri Lanka as per recommendation No.(ii) above has been submitted as Annex 15.

06. Solid Waste Management in the Export Processing Zone in Sitawaka The solid waste of the Sitawaka export processing zone had been disposed of to an open area without any segregation and even though a waste segregation center had been constructed at a cost of 2.9 million rupees to segregate the non-hazardous solid waste collected in the zone, the aforesaid center had not been used even by 13.07.2018.

Recommendations Action should be taken to submit a report to the Committee regarding this matter in consultation with all the relevant local authorities with a copy to the Auditor General within a period of one month.

Officers/ Institutions responsible for implementing recommendations

Secretary - Ministry of Public Services, Local Government and Provincial Councils

Reporting the Current Situation and Progress No report has been submitted even by 31st January 2021. 07. The Methodology of Disposing of Mud in the Export Processing Zone in Biyagama

The mud disposed of by the common waste water treatment system in the export processing zone in Biyagama had been spread in the area close by in an systematic manner.

The Chairman of the Central Environmental Authority stated that this problem has been rectified by now.

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08. Unauthorized Constructions on the Both Sides of the Kelani River When inquired by the Committee the Secretary to the Ministry of Environment stated that a long term solution can be obtained to this problem under the “Surakimu Ganga‟‟ program submitted along with the new budget proposals with prime concern to the Ministry of Environment. Recommendations Necessary action should be taken to implement the “Surakimu Ganga‟‟ program. Officers/ Institutions responsible for implementing recommendations

Secretary -Ministry of Environment Reporting the Current Situation and the Progress

Here, it has been reported to the Committee that the required action with pertinence to the following matters will be taken by the Department of Irrigation and the Department of Disaster Management.

 to implement the structural changes required, having identified the social impact of unauthorized constructions on disaster management.  to define river reservations through a gazette notification and to acquire the Kelani river reservation to the government according to that.

09. The Cemeteries in Kohilawatta and Hanwella The risk of the wax cloth that had been used to cover corpses being pushed to the river due to the fact that the road in the proximity of Kohilawatta and Hanwella area has eroded and the wall of the cemeteries in those areas have collapsed towards the river.

Recommendations This matter should be discussed with all the relevant parties and a report of the feasible courses of action should be submitted to the Committee within a period of one month.

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Officers/ Institutions responsible for implementing recommendations

Secretary - Ministry of Public Services, Local Government and Provincial Councils

Reporting the Current Situation and the Progress Regarding this, it has been reported to the committee through letter number PL/15/Kelani dated 2020.01.21 by the secretary to the Ministry of Provincial Councils and Local Government that the relevant activities to construct a retention wall by the river will be commenced by the Department of Irrigation by January 2021. 10. The Pattiwila Canal The water of the Pattiwila Canal which commences from near the Ceylon Petroleum Corporation is in a impure condition and this canal joins the Kelani river very much close to the area from which water is obtained to the Pattiwila water purification plant.

It was revealed here that the Water Supply Board is constructing a bypass presently to overcome this situation and 90% of that task has been completed and it is possible to complete it by December.

Recommendations Necessary action should be taken to complete this project without delay. Officers/ Institutions responsible for implementing recommendations

Secretary -Ministry of Water Supply Chairman -National Water Supply and Drainage Board

Reporting the Current Situation and the Progress No report had been submitted even by 31.01. 2021. 11. Tourist hotels in Yatiyanthota and Kithulgala Area The Committee paid its attention to the unauthorized constructions made in the river banks near the tourist hotels constructed in this area and also to the courses of action taken to prevent such constructions being made.

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Recommendations

This matter should be discussed with all the responsible Heads of Institutions and a report of the feasible courses of action should be submitted to the Committee within a period of one month.

Officers/ Institutions responsible for implementing recommendations

Secretary - Ministry of Public Services, Local Government and Provincial Councils

Reporting the Current Situation and the Progress The current situation and the progress have been reported. 12. Disposal of Solid Waste into Rivers It can be seen that solid waste is disposed of in large quantities into the Kelani river in the areas of Modara, Mattakkuliya, Wellampitiya, Peliyagoda and Kolonnawa.

Recommendations Necessary action should be taken having summoned the Heads of the Municipal Councils, Urban Councils and Pradeshiya Sabas of these areas and discussed this matter with them.

Officers/ Institutions responsible for implementing recommendations

Secretary -Ministry of Public Services, Local Government and Provincial Councils

Reporting the Current Situation and the Progress The current situation and the progress have been reported. 13. Mixing of Saline Water into the Water of the Kelani River in the area near the Water Pump Station in Ambathale It was revealed that the Department of Irrigation has made plans by now to construct a collapsible Dam in order that water could be released when the water level goes up and water could be retained when the water level goes down.

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14. Circulating Water Quality Standards It was observed that the water in the Kelani River in the area from Sitawaka landing site up to Kolonnawa Bridge is not in a suitable condition for drinking, bathing and recreational activities after a minor treatment.

Recommendations The Central Environmental Authority should examine this matter and submit a report in regard to the nature of the problems and the courses of action that can be taken in that regard within a period of two weeks.

Officers/ Institutions responsible for implementing recommendations

Secretary-Ministry of environment Chairman-Central Environmental Authority

Reporting the Current Situation and the Progress No report has been submitted even by 31st January 2021. 15. Cost of Purification Chemicals It was observed that the total cost of the chemicals used for the water purification activities in the water purification plants in Ambathale and Pattiwila has gone up as a result of the increase of the impurity of water.

Recommendations A methodology should be prepared jointly by the Water Supply Board and the Central Environmental Authority to continuously observe the data related to the quality of the water in the river.

Officers/ Institutions responsible for implementing recommendations

Chairman -Central Environmental Authority Chairman -National Water Supply and Drainage Board

Reporting the Current Situation and the Progress The current situation pertaining to the formulation of the relevant methodology has been reported to the committee by the secretary to the State Ministry of Provincial Councils and Local Government.

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16. The Strategic and Action Plan of the Multi-Stake Holders for the Protection and Management of the Kelani River Basin. (IUCN-International Union for the Conservation of Nature) The Committee inquired with the officials about the steps taken to implement this plan.

Recommendations This project should be studied and a report of the courses of action that have been taken by now in that regard and also the courses of action to be taken in the future, if any, should be submitted to the Committee within a period of one month.

Officers/ Institutions responsible for implementing recommendations

Secretary-Ministry of Environment Chairman- Central Environmental Authority

Reporting the Current Situation and the Progress No report has been submitted even by 31.01.2021. 17. Construction Work of the Pethiyagoda Pumping Station The Committee discussed about this construction work in detail. Recommendations A report should be submitted to the Committee regarding this matter within a period of one month.

Officers/ Institutions responsible for implementing recommendations

The Auditor General –National Audit Office Reporting the Current Situation and the Progress No report has been submitted even by 31.01.2021. 18. The Estimation System Related to the Kelani River Basin The Committee paid its attention to the project for the study of the qualitative and quantitative changes in the ground water in the Kelani river

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The first report of the Committee on Public Enterprises in the first session of the ninth Parliament of the Democratic Socialist Republic of Sri Lanka basin and to the estimation system which is comprised of 25 sample locations constructed with concern to the Kelani river basin

Recommendations A report relating to these matters should be submitted to the Committee within a period of one month.

Officers/ Institutions responsible for implementing recommendations

Secretary- Ministry of Water Supply Chairman- National Water Resources Board

Reporting the Current Situation and the Progress No report has been submitted even by 31.01.2021. 19. Intervention of Public Institutions It was observed that the intervention of the Central Environmental Authority and the local authorities in examining the manner in which the Kelani river is polluted is not at a satisfactory level.

Recommendations An effective mechanism should be prepared to protect the Kelani river under the guidance of the Secretary to the Ministry of Environment and with the participation of the Heads of the relevant public institutions as the Kelani river is related to a number of foremost fields in Sri Lanka such as economy, society and tourism.

Officers/ Institutions responsible for implementing recommendations

Secretary- Ministry of Environment Secretary- Ministry of Water Supply Secretary – Ministry of Public Services, Local Government and Provincial Councils Secretary – State Ministry of Internal Security, Home Affairs and Disaster Management Secretary – Ministry of Irrigation

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20. Environmentally Sensitive Zones related to the Kelani river The environmentally sensitive or protected zones related to the Kelani river have not been identified and gazette.

Recommendations The Central Environmental Authority should take action regarding this matter under the Environment Act.

Officers/ Institutions responsible for implementing recommendations

The Secretary-Ministry of Environment The Chairman- Central Environmental Authority

Reporting the Current Situation and the Progress The current situation and the progress have been reported. (The information presented by the secretary to the State Ministry of Public Services, Provincial Councils and Local Government regarding the current situation and the progress related to point 08 above are relevant to this matter as well.) 21. The right of the Kelani River It was inquired about the institutions that take action regarding the right of the Kelani river.

Recommendations The possibility of selecting the Kelani river as a pilot project when implementing the „‟Surakimu Ganga‟‟ program should be examined.

Officers/ Institutions responsible for implementing recommendations

Secretary – Ministry of Environment Reporting the Current Situation and the Progress No report has been submitted even by 31.01.2021. 22. Sand mining in Kirindi Oya,Kumbukkan Oya, Manik River The is a tendency of arable lands in the areas in the proximity of Thanamalvila, Wellawaya being lost due to the sand mining carried out in the aforesaid rivers. 54

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Recommendations Action should be taken to submit the following reports within a period of one month.

i. What is the extent of highland for which approval has been granted for mining sand up to a distance of 750 meters from the river within the past 07 years? ii. What is the extent of lands that has been refilled by now? iii. What is the extent of arable lands that has been lost due to sand mining?

Officers/ Institutions responsible for implementing recommendations

Secretary –Ministry of Environment Chairman- Central Environmental Authority Chairman- Geological Survey and Mines Bureau

Reporting the Current Situation and the Progress i. The recommendations have not been reported even until 31.01.2021. ii. It has been reported to the Committee by the State Ministry of Provincial Councils and Local Government that it was agreed by the Geological Survey and Mines Bureau and the Department of Irrigation to take the responsibility in future to issue sand mining permits in a systematic way, having studied the required sand density.

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Special Audit Report on the Procurement related to the Printing and Submission of Lotteries for the Computerized draw to the National Lotteries Board in the year 2016

Institutions investigated - Ministry of Finance

- National Lotteries Board Pre committee discussions - 04th December 2020

Participation

Hon. (Prof.) Charitha Herath (Chairman - Committee on Public Enterprises) Mr. W.P.C. Wickramarathne – Auditor General Mrs. N.S. Wickramarathne- (Secretary - Committee on Public Enterprises) and Mrs. M.K.A.D. Shyama Mr. R.R.M. Abeysinghe Banda- Deputy Auditor General

Date of Investigation- 04th December 2020

Matters Discussed

01. Presentation of Annual reports to Parliament

The committee observed that it is only up to the year 2016, that the annual reports related to the activities of this Institution have been presented to Parliament.

Recommendations

To take expeditious action to present the annual reports for the years 2017, 2018 and 2019 to parliament.

Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board

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Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

02. Staff

A delay was observed in filling the staff grade vacancies of the staff of the institution. It has been reported to the committee that the position of the Chief Finance Officer of the institution is held by an officer who has not fulfilled the relevant qualifications, and that the Deputy General Manager (Sales) is a representative of a local authority. The committee inquired about these matters. Further, the committee inquired about a complaint it has received regarding several married couples that served in the same branch of this institution. Here, the following matters were disclosed.

i. Vacancies of the institution, except the vacancy for the post of Deputy General Manager (Finance) have already been advertised through newspaper advertisements and action will be taken to fill the said vacancies without any delay. ii. Two persons serving as peoples‟ representatives are employed in the institution at present and information about one of them has been inquired from the relevant local authority but the committee has not hitherto been notified about him. iii. Approximately 20 married couples are employed in the institution Recommendations

i. To inquire about the concerns rose in point I and ii above and to present a report to the committee including the legal background and the observations of the Ministry of Finance. ii. To take an internal level decision by the institution to manage the situation raised by point iii above. Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board

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Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

03. Lottery Printing Cost

The condition related to the minimum of 03 years‟ experience to be possessed by the relevant institutions to print lotteries, has been removed from the procurement guidelines of the year 2016 and the committee inquired about it.

Here, it was revealed that the said condition has been removed with the objective of giving the opportunity to the relevant institutions in a competitive level, having removed the monopoly and the massive cost which involved in the year 2016 in relation to printing lotteries and that attention has been paid to other specific factors which are important for printing lotteries having relaxed the condition on secure printing. (Formation of data systems, Coding)

04. The lottery income contribution made to the government

The committee inquired about the basis on which the government contributions are made for various lotteries.

Here it was disclosed in the committee that out of the annual lottery income of around 20 billion, a contribution of 16.5% is given to the government from the two lotteries Wasana Sampatha and Mahajana Sampatha and that a contribution of 10% is made out of the income generated from other lotteries.

Recommendations

i. To conduct a review on the contributions made to the government having paid attention to the documents based on which the government contribution percentage was paid out of the lottery income. ii. To inquire whether the ministries/institutions that receive the relevant funds utilize them properly for the specific functions.

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Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

05. Procurement plan of the institution

Inquiring about the procurement plan of this institution.

Printing of lotteries is done incurring a substantial expenditure and it has been Rs. 609.85 million, 453.13 million, 506.76 million and 530.64 million in the years 2016, 2017, 2018 and 2019 respectively and therefore the committee pointed out the importance of maintaining a proper procurement plan in the institution for printing lotteries.

Further, the committee observed that the institution has not provided the relevant procurement plan to the auditor general and the procurement done during the past years have not been done as per a procurement plan.

Recommendations

To provide the committee with an updated procurement plan within one month‟s time having resolved the issues related to the procurement plan of the institution.

Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board

Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

06. Working with competitive institutions and protecting the confidentiality of printing lotteries

The committee inquired about the condition “the institutions that print and provide lotteries to any competitive organization, shall not be selected to 60

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The committee focused its attention on the proper methodologies that should be applied since safe methodologies should be adopted to maintain confidentiality related to the QR numbers included in the lotteries when they are printed.

The following matters were disclosed by the committee.

i. The institution by the name of MBA Systems which had been selected for printing lotteries, had taken action to sub contract its printing activities. ii. In the audit, certain instances had been observed where the QR numbers and the real numbers did not match and where there were discrepancies in the font size. iii. The officers stated that action had been taken to prevent the above shortcomings having lifted the monopoly related to printing lotteries after 2016 however it was observed that the aforesaid shortcomings related to printing lotteries had persisted even after the year 2016. Recommendations

To conduct the lottery printing activities under proper supervision.

Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board

Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

07. Instant Lottery Printing

The committee inquired about the demand currently available for instant lotteries and about the failure by the institution in adopting the proper procurement process in printing instant lotteries.

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i. There is a considerable demand for instant lotteries even at present and therefore printing instant lotteries should continue. ii. The procurement related to printing instant lotteries had to be stopped due to the intervention of a certain party that could not be controlled by the officers of the institution. iii. Procurement related to printing instant lotteries had been done and assigned to print instant lotteries for the 03 years from February 2020 to February 2023.

08. Selling lotteries using new technology

It was inquired whether action will be taken by the institution to introduce online lottery system with a view to maintaining the earnings of the institution persistently amidst the global pandemic situation currently prevailing.

Recommendations

i. To conduct a market research to identify the market opportunities available. ii. To come to a policy decision in relation to this matter having discussed with the director board of the institution. Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board

Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

09. Adopting the accepted parameters in relation to introducing new lotteries

The committee pointed out that opportunity has been created for various irregularities owing to not adopting the permanent methodologies/ guidelines/parameters by the institution with regard to introducing new lotteries on various occasions as per the requirement of the government.

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Recommendations

To follow the following methodology in relation to introducing lotteries, without doing so on the basis of sudden decisions.

i. To conduct a market survey ii. To make arrangements to introduce new lotteries as per a certain plan. iii. Creating the required background within the institution to introduce lotteries within a specific time period while maintaining standards of lottery printing and as per the correct procurement guidelines that should be adhered.

Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board

Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

10. Colombo Airport Super Draw and Dollar Fortune Lotteries

The committee inquired about the above lottery draws.

Here, it was revealed that the delay in the above lottery draws has been resulted by the failure to achieve the expected sales objectives.

Recommendations

The unnecessary delay in this lottery draw to be avoided as it is mandatory to maintain the confidence of the customers.

Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board

Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

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11. Lottery printing by the State Printing Corporation

The committee observed that comparatively, a higher cost has to be borne for printing lotteries by the state printing corporation. The committee pointed out that when dealing with the state printing corporation, attention should be paid towards ensuring the productivity of the institution, in spite of the fact that it is a government institution.

Recommendations

To discuss with the relevant officers and to come to a consensus on maintaining the cost of printing lotteries by the state printing corporation at a fair level.

Officers/ institutions responsible /to implement the recommendations

Secretary- Ministry of Finance Chairman- National Lottery Board

Reporting the current situation and the progress

This has not been reported even until 31.01.2021

12. Period granted for procurement

The committee inquired as to why it is only for one year that the contract has been offered to the institutions selected for procurement and the committee focused its attention whether the said time period is sufficient for conducting the procurement and awarding the contract again.

Further, the committee was of the view that it would be more practical, if the said time period is extended to 02 years at the minimum.

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Special Audit report on the Functions accomplished by the Information and Communication Technology Agency of Sri Lanka with pertinence to digitalization of Public service

Institutions Investigated – Ministry of Technology

- Information and Communication Technology Agency of Sri Lanka

Pre committee discussions- 08th December 2020

Participation

Hon.(prof.) Charitha Herath (Chairman - Committee on Public Enterprises) Mrs. N.S. Wickramarathne (Secretary - Committee on Public Enterprises) and Mrs. Charani Peiris Mr. H.M.U.S.K. Wijekoon -Assistant Auditor General Mrs. M.I.Pushpa Hemamali - Assistant Auditor General

Date of Investigation - 08th December 2020

Matters Discussed

01. Presentation of Annual reports to Parliament

The annual reports for the years 2016, 2017, 2018 and 2019 have not been presented to Parliament and the annual report for the year 2015 had been presented to Parliament with a delay in 2018.

Recommendations

To take expeditious action to present the annual reports of the years 2016, 2017, 2018 and 2019 to parliament

Officers/ institutions responsible /to implement the recommendations

Secretary - Ministry of Technology Chairman - Information and Communication Technology Agency of Sri Lanka

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Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

02. Lack of approved cadre and a recruitment procedure

The committee focused its attention on the procedure of recruiting all the officers on contract basis due to the lack of approved cadre or approved recruitment procedure.

Further, the committee paid attention towards the higher salaries and allowances paid without any approval to the staff recruited on contract basis the lack of a proper authority within the institution to hold the responsibility of the decisions taken by the staff of the institution due to the constant changes that happened in the staff.

Recommendations

i. To forward the proposal to the Salary and Cadre Commission since a cabinet paper has already been presented to get the approval for the cadre of the institution or prepare a procedure for the recruitment of persons with expert knowledge with the approval of the Cabinet of Ministers. ii. Prepare a defined structure of salaries and allowances based on market value for the recruitment of professionals with expert knowledge in this field to the Institution.

Officers/ institutions responsible /to implement the recommendations

Secretary - Ministry of Technology Chairman - Information and Communication Technology Agency of Sri Lanka Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

03. Lack of a strategic plan or an corporate plan within the institution

The committee inquired about the Projects which have been initiated exceeding the capacity of the institution due to the lack of a strategic plan

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Further, the committee also observed that the corporate plan which has been formulated incurring an expense of Rs.2,737,000/- in the year 2017 had not been approved by the board of directors.

Here, the secretary to the Ministry of Technology informed the committee that a policy decision has been taken by the government to regulate all the digitalized projects of the government through ICTA in future.

Recommendations

i. To present the strategic plan of the institution for the ensuing five years which was approved by HE the President to the Committee. ii. To present the corporate plan for the year 2021 which is formulated in accordance with the strategic plan to the committee within three months. iii. To restructure the institution in accordance with the Companies Act number 07 of 2007. iv. To make the required arrangements to appoint an inter- ministerial committee to instruct the Cabinet on updating the national policy on Information and Communication technology. Officers/ institutions responsible /to implement the recommendations

Secretary - Ministry of Technology Chairman - Information and Communication Technology Agency of Sri Lanka

Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

04. Low Performance level related to Project implementation

The committee observed that, although a number of projects have been commenced incurring a massive cost, around 22 projects out of them had been suspended and there was a low performance level in certain projects.

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The committee also observed other shortcomings like not preparing the feasibility reports for each project, not providing training opportunities to software users, hesitation to use technology, lack of grants for the projects, lack of follow up on the completed projects.

Recommendations

i. To implement without further delay, the decision taken by the institution to establish a special follow up unit within the institution for each completed project. ii. To formulate a feasibility report at the commencement of each project Officers/ institutions responsible /to implement the recommendations

Secretary - Ministry of Technology Chairman - Information and Communication Technology Agency of Sri Lanka

Reporting the current situation and the progress

This has not been reported even until 31.01.2021

05. Performance of the Institution

This institution which was established under the World Bank assistance in the year 2003 functioned subject to financial and administrative independence. Currently these functions under consolidated funds of the government but the financial regulations and procurement guidelines of the government have not been followed. The committee paid its attention towards this matter.

Here, the secretary to the Ministry of Technology made submissions to the effect that the government procurement guidelines are followed by the institution with effect from the year 2020.

Recommendations

To make the required recommendations to follow a specific legal methodology in relation to procurement this involves substantial capital.

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Officers/ institutions responsible /to implement the recommendations

Secretary - Ministry of Technology Chairman - Information and Communication Technology Agency of Sri Lanka

Reporting the current situation and the progress

This has not been reported even until 31.01.2021

06. Abandonment and Failure of projects

The expenditure on the promotion of Google Loon Project was indicated as Rs.6,427,941/- but out of this amount, approximately Rs.1,851,322 had been spent to get the devices released from the Customs and the balance amount had been spent for an event conducted to promote the Wi-Fi project (Digital Infrastructure Unimagined) and for Yovunpuraya. The committee inquired about this.

The internal auditor of ICTA, who made submissions to the committee regarding this matter, stated that the said total amount had been accounted under the Google Loon project and that accounting deficiency had been observed in the internal audit and the relevant documents had been sent to the National Audit office on 23rd March 2018 having rectified the said defect.

Further, it was disclosed that this project could not be implemented since the frequency range requested had not been allocated by the Sri Lanka Telecommunication regulatory Authority.

i. Household Transfer Management System The committee observed that the project had been suspended subject to an inter-ministerial decision based on the complicated nature of this project.

ii. Lanka Government Network (LGN) The committee further observed that the cost on the Lanka Government Network has been exorbitant but the project has become unsuccessful.

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The shortcomings in the project structure have led to the failure of the project but it was disclosed in the committee that the project had been restructured as LGN 3 and is being implemented now.

Recommendations

To present a report to the committee within a period of three months including detailed information about the present situation of each project, abandoned projects and the reasons that led to the abandonment.

Officers/ institutions responsible /to implement the recommendations

Secretary - Ministry of Technology Chairman - Information and Communication Technology Agency of Sri Lanka

Reporting the current situation and the progress

This has not been reported even until 31.01.2021

07. Formulation of a Data protection legal framework

The committee pointed out the necessity to formulate a legal framework for data protection and the committee emphasized that attention be paid towards the confidentiality of information when the said framework is implemented.

Recommendations

To formulate the Data Protection Legal Framework in accordance with the Central Bank guidelines.

Officers/ institutions responsible /to implement the recommendations

Secretary - Ministry of Technology Chairman - Information and Communication Technology Agency of Sri Lanka Reporting the current situation and the progress

This has not been reported even until 31.01.2021.

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