The new Higher Defence Control Act
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE NATIONAL SECURITY
COUNCIL TO:
DIRECT THE DEFENCE COUNCIL ON DEFENCE MATTERS
FOR THE ESTABLISHMENT OF THE DEFENCE COUNCIL TO FORMULATE POLICIES
IN RESPECT OF MATTERS RELATING TO NATIONAL DEFENCE AND
FOR THE ESTABLISHMENT OF A JOINT CHIEFS OF STAFF COMMITTEE
FOR THE FORMULAION AND EXECUTION OF OF MILITARY PLANS IN OPERATIONS
AND TRAINING OF THE ARMED FORCES
FOR SRI LANKA AND FOR OTHER MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO
Be it enacted by Parliament of the Democratic Social Republic of
Sri Lanka as follows:
Short
Title
1. The Act may be cited as the Higher Defence Control Act No. 1
of 2003 and shall come into operation on such date as the Minister
may by publishing in the Gazette appoint.
Establishment
of The National Security Council and its constitution
2. (1) There shall be established a National Security Council (hereinafter
referred to the Security Council) consisting of the persons appointed
under sub-section (2) which shall be responsible for giving proper
advice and directions to the Defence Council in respect of matters
relating to National Defence.
(2) The Security
Council shall consist of the following members.
(a) The President shall be the head of the National Security Council
and shall ordinarily preside at its meetings.
(b) The Prime Minister.
(c) The Minister of Defence.
(d)) Minister or more than one Minister, if any; as agreed by the
President and Prime Minister.
(e) Deputy Minister of Defence.
Objective
of the Security Council
(3)The objective of the Security Council shall be;
(a) to advice the Defence Council in respect of matters relating
to national defence on its own initiative or on reference by the
Defence Council;
(b) to ensure that the people of Sri Lanka are protected from perceived
threats;
(c) to ensure that the maritime, aerial and territorial areas of
Sri Lanka and resources thereof are protected through national security
policies;
(d) to identify and assess national interests including foreign
policy objectives;
(e) to ensure that perceived threats to the Nation from any external
or internal sources are thwarted.
Secretary
of the Council and Adviwto the Council
4. (1) There shall be a Secretary to the Council appointed by the
Council.
(2) The Secretaries to the Treasury, the Ministry of Defence, the
Ministry of Interior, the Chairman Joint Chiefs of Staff and the
Head of National Intelligence shall be permanent advisers to the
Council; whereas the Council may invite other officials to attend
meetings of the Council in an advisory capacity when required.
Meeting
of the Security Council
5. (1) The Security Council shall meet at least once a
month or as and when the Chairman requires the Council to meet.
(2) The President shall if present preside at every meeting of the
Security Council. In absence of the President, the Prime Minister
shall preside and in the absence of both the Council shall elect
a Chairman.
(3) The quorum of any meeting of the Security Council shall be four
members.
(4) The decision arrived at any meeting of the Security Council
will be by consensus.
(5) Subject to the proceding provisions of this section the Security
Council may regulate the procedures in regard to the meetings of
the Security Council and the transaction of business at such meetings.
Composition
of the Defence Council
6. (1) There shall be a Defence Council composed as follows:-
(a) The Minister of Defence (Chairman)
(b) The Deputy Minister of Defence
(c) The Secretary to the Ministry of Defence.
(d) The Chairman of the Joint Chiefs of Staff Committee
(f) The Head of the Army, Navy, the Air
Force and Intelligence Services
(2) The President shall, if present preside at every meeting of
the Defence Council.
In the absence of the President from any such meeting the Minister
of Defence shall preside a such meeting. In the absence of the Minister
of Defence, the Deputy Minister shall preside;
(3) The Minister of Defence shall ordinarily be the Chairman of
the Defence Council.
(4) There shall be a Secretary to the Defence Council appointed
by the Defence Council from the Staff of the Military Division of
the Ministry of Defence.
Meetings
of the Devence Council
(1) The Defence Council shall meet at least once
a week or as and when the Chairman requires the
Council to meet
(2) The quorum of any meeting of the Defence Council shall be four
members
(3) Subject to the preceding provision of this section, the Defence
Council may regulate the procedures in regard to the meeting of
the Defence Council and the transaction of business at such meetings.
(4) The Minister for the Interior, the Secretary of the Ministry
of Interior, the Inspector General of Police and the Comptroller
of the Defence Services may be invited to attend such meetings.
Powers
and Funcitons of the Defence Council
8 The Powers and functions of the Defence Council
shall be:
(1) to formulate a defence policy based on a proper assessment of
national security issues and having regard to internal and external
forces as required as para 3(a) of this act.
(2) to generate
modern battle winning forces and employ them to pursue defence aims
in Sri Lanka;
(3) to assess the capabilities of Sri Lanka defence organizations,
understand the threat perception and military opportunities and
formulation of military strategies and action plans to meet the
emergency military situations;
(4) to ensure that the funds allocated to the Defence Ministry are
properly utilized for defence requirements of the country.
(5) to ensure
that human rights of the people of Sri Lanka are protected.
(6) to ensure that the best personnel are recruited to the Armed
Forces and that they are properly trained, and are motivated to
meet future challenges.
(7) to ensure that a conducive environment is prevailed for such
personnel to continue in service with a sense of satisfaction.
(8) to ensure that equipment best suited for the relevant purposes
are procured and utilized and that they are properly maintained.
(9) to develop modern, flexible, forward looking organizations with
shared vision and purpose.
(10) to continuously
improve key processes.
(11) to ensure that higher levels of human resource development
systems are utilized to develop careers in defence and skills in
life.
(12) to ensure that Armed Forces are adjusted to the changes in
social, economical, technological and political environment of the
country for the ultimate benefit of the people.
(13) to ensure
under its authority "Defence Council Instructions" to
the Armed Forces on common matters pertaining to the Armed Forces.
Military and Civilian Advisor to the Minister
9. (1) In the exercise performance and discharge of the powers,
duties and functions in ensuring that the objectives specified in
section 9 are achieved the Minister shall be assisted by:-
(a) the Secretary to the Minister who shall be the Principal Civilian
Advisor to the Minister and
(b) the Chairman appointed by sub section
(1) of 12 shall be the Principal Military Advisor.
(c) Consultants appointed on the advice of the Defence council as
and when required.
Establishment
of The Joint Chiefs of Staff Committee, its composition and its
objectives.
10. (1) There shall be an establishment for the purpose
of this Act Joint Chiefs of Staff Committee (hereinafter referred
to as theCommittee)
(2) The Committee shall comprise of:
(a) A Chairman to be designated Chairman of the Joint Chiefs of
Staff appointed by the President.
(b) The Head of the Army.
(c) The Head of the Navy.
(d) The Head of the Air Force.
(e) The Head of the Intelligence Services.
Functions of the Chairman Joint Chiefs of Staff
11. (1) The
Chairman shall be the professional Head of the Armed Forces and
the principal advisor to the National Security Council in particular,
and Government in general on the military capability and the preparedness
of the Armed Forces.
(2) The tenure of office and the age limitation of the Chairman
shall be stipulated in the regulation made under this act.
(3) The person so to be appointed should preferably be one who had
headed one of the three Armed Services and distinguished himself
in the post or in any senior appointment in the Armed Forces.
The Chairman shall be the Professional Head of the Armed Forces
and as such will take precedence over all officers of the Armed
Forces and usually hold the rank of General, Admiral or Air Chief
Marshal during his tenure.
Tenure
of the office of Chairman
12. The Chairman shall, unless he vacates office earlier
by death, resignation or removal hold office for a period as specified
in the regulations by the President.
Functions
of the Chairman
13. (1) Convene meetings of the Committee, preside ver
the meetings and try to obtain a consensus, failing which his decision
will prevail and be conveyed to the Minister accordingly.
(2) Ensure that the Committee's functions are promptly and efficiently
discharged.
Removal of Chairman
14. The President may remove the Chairman from office for:
(1) Reasons of ill health recommended by a Medical Board.
(2) Disciplinary reasons after due inquiry.
(3) Inefficiency on the recommendation on the Cabinet of Ministers.
(4) Proven dishonesty or any other clearly assigned reason.
Resignation
of Chairman
15. The Chairman may at any time resign from the office
of Chairman by a letter addressed to the President. Such resignation
shall take effect upon it being accepted by the President in writing.
Functions
of the Committee
16. The functions of the Joint Chiefs of Staff shall primarily
be to provide military advice to the Government and be responsible
for Training and Operations of the Armed Forces and
(a) to work out military strategies and manpower and material requirements.
(b) to provide training, particularly at joint service level.
(c) to coordinate any United Nations Peace Support operations required
of the Armed Forces and ensure that they are properly trained for
the relevant purpose.
(d) to ensure that the Armed Forces are trained to be competent
in communication and information technology and in all other aspects
of relevant modern defence technologies.
(e) to monitor
all training as described in such sections (b), (c) and (d) through
an inspectorate consisting of such officers of the three services
as may be selected from time to time by the Chairman.
(f) to coordinate service intelligence with the Head of National
Intelligence;
(g) to ensure that proper public relations are maintained by the
Armed Forces.
(2) The Committee shall prepare joint logistics and mobility plans
in support of its operational plans including the armament and equipment
requirements.
(3) The Committee shall advice the Minister of manpower requirements
in relation to the implementation of operational plans.
(4) The Committee
shall prepare and periodically review, contingency plans.
The Joint Staff
17. (1) There shall be a Joint Staff of Army, Navy and Air Force
Officers assigned to serve the Joint Chiefs of Staff Committee as
provided for in the regulations made under this Act.
(2) The Joint Staff will operate under the direction of Chairman
acting on behalf of the Committee and shall not operate or be organized
as a unit of the Armed Forces and shall therefore function as a
staff organization.
Principal
Staff Officer
(3) The Defence Council shall elect an Officer in the
rank of Major General, Rear Admiral or Air Vice Marshal to function
as Principal Staff Officer to the Committee in accordance with the
regulations made under this Act.
(4) The Principal Staff Officer shall be responsible to the Chairman
and the Committee for coordination of all staff work at the Chairman's
Office in the Ministry of Defence and liaising with the Headquarters
of the Armed Forces and any subordinate commands directly controlled
by the Chairman.
Joint
of specific Combat Comand
18. (1) There shall be established two separate Combat
Commands designated as
(a) Joint Operations Command
(b) Maritime Forces Command
(2) The Force Structure of such Commands will be
determined by the Defence Council on the authority of
National Security Council.
Functions
of the Combat Command
19. (1) The Joint Operations Command shall be given the
responsibility for conducting all land operations with the troops
assigned to them by the Defence Council and they will operate under
the directions of the Joint Chiefs of Staff.
(2) The Maritime Forces Command shall be given the responsibility
for conducting surveillance: defensive and offensive operations
in the maritime and aerial areas of Sri Lanka and on the coastal
belt of Sri Lanka under the direction of the Joint Chiefs of Staff.
Command
of Combat Commands
20. (1) The President on the recommendation of the Council
shall designate an officer to be the Commander of each of these
Commands.
(2) The Staff of such Commands shall be provided by the Army, the
Navy and the Air Force in a joint capacity.
Regulation
21. (1) The Minister may make regulations in respect of
all matters which are required by this Act to be provided or in
respect of which regulations are required to authorized to be made
under this Act. |
