Regulating the regulator
COPE slams Central Bank over PAYE payments
The Parliamentary Committee on Public Enterprises (COPE) recently released a report containing observations and recommendations arising out of a study on the current affairs of the Central Bank.

It slammed the Bank for failing to properly supervise finance companies that subsequently failed and making PAYE tax payments on behalf of its employees contrary to Treasury rules.

Here is the report:
COPE in a detail examination held at three meetings examined the performance and current affairs of the Central Bank of Sri Lanka (CBSL) based on the Auditor General's report and the performance report submitted by the Department of Public Enterprises. The committee was seriously concerned and perturbed over the activities of the CBSL and thereafter unanimously agreed to submit an interim report to the Parliament on matters that need immediate attention of the house.

The Auditor General and the Department of Public Enterprises have highlighted the following in their reports.

1. The bank did not have an updated Corporate Plan.

2. The completed Annual Budget for the year 2004 had not been made available.

3. The Bank had not been having an approved cadre since its inception and therefore there had been a practice to change the cadre position from time to time to accommodate new recruitments without any control.

4. Ten posts of Assistants to the Governor had been created contrary to the provisions in the Monetary Law Act to promote 10 senior officers of the Bank.

5. Certain limitations to the scope of audit of the Bank had taken place in conducting the audit of the Bank as certain Board Minutes had not been made available to the audit on the grounds that they are confidential documents and hence are subject to the secrecy clause of the Monetary Law Act.

6. The Bank had been maintaining the agreement that as it is governed by the Monetary Law Act, it is not bound to follow the circulars issued by the Treasury from time to time as applicable to Public Corporations.

7. Decline in total revenue in 2003 compared with the previous year in view of the reduction of operational income from Rs.20 billion to the 14.7 billion, income from local financial operation from Rs. 7.4 billion to Rs. 4.0 billion etc, while the total operational expenditure of the Bank had been on the increase, resulting in a substantial decline in the contribution to the Consolidated Fund in the form of "Profit Transfers."

8. Substantial unusual increase in the cost of employment while the number of employees had been on the decrease.

9. The Bank had been granting loans amounting to Rs.2,723 million to six private finance companies which were in distress to overcome their liquidity problems since 1988. Against that, the outstanding loan balances and accrued interest thereon had been at Rs. 2,551 million and Rs.4,540 respectively at the end of 2004. However, it was a futile exercise at that stage as the finance companies concerned had become insolvent.

10. Decline the remittances of export earnings to the country as the Bank did not enforce or monitor the remittances of such export proceeds to the country and the foreign exchange loss to the country.

1I. The Bank had been making PAYE tax payments on behalf of its employees since, 2000, having spent Rs. 82.5 million, Rs.44.6 million and Rs. 67.9 million for 2001, 2002 and 2003 respectively in violation of the Treasury Circular dated 31 January 2000. 12. The Bank had been making interest payments to the "CBSL Staff Provident Fund" in addition to the income earned by the Fund by investing its funds, involving a substantial additional payment and as a result Banks employees are given a higher interest rate of their EPF Account balances then the rate given to other EPF contributors as a preferential treatment.

13. The Bank had been continuing to maintain its own "CBSL Staff Provident Fund" even after 1.2.1996 in violation of the provisions of the EPF (special provisions) Law No.6 of 1975 and also had been paying at 12% as employer's contribution against the rate of 8% as prescribed by the Treasury for bank employees.

14. The bank had paid a sum of Rs.626 million to the contractor on the "Extension Building and the Rehabilitation Building Projects" due to the delay taken place on the part of the Bank in the finalization of engineer's drawings.
In the meantime the contractor had already made a claim for Rs.400 million as the Bank had retained Rs.90 million as liquidated damages.

15. The Bank had recruited two foreign consultants on contract basis in the mid 2003 for the Department of Bank Supervision and Department of Human Resources at a monthly payment of US $ 22,500 and US $33,293 respectively. However benefits accrued to the Bank are not known.

16. Even though the Finance Companies Act No. 78 of 1998 prohibits the companies to engage in financial business without obtaining a license from the Bank, there are approximately 30 such finance companies operating in Sri Lanka by violating that legal provision.

17. The audit opinion given on the Accounts of the Bank for the year 2003 had been a qualified opinion in view of the accounting deficiencies, non-compliances with Laws, Rules, Regulations and Management decisions.

General observations:
• CBSL has failed in its duty in the supervision of the finance companies which has resulted in collapse of the several finance companies depriving expectations of the ordinary citizens of the country.
• Failure to recover large sums of money paid by way of compensation to the deposit holders on account of finance companies todate despite the lapse of several years.
• Lack of adequate supervision over the banks operation resulted in the fraud and mismanagement in the Pramuka Bank.
• Early detection and timely monitoring could have avoided collapse of the banks.
• Out of the total dues outstanding amounting to Rs. 7,263.3 million more than 60% is from Mercantile Credit Ltd. (Business Editor’s note: Mercantile Credit has disputed this point).
• Decline in the total revenue and profits resulting in a sharp drop in the transfer of residual profit to the Consolidated Fund.
• Lack of monitoring export remittances resulting in nearly 10% of export proceeds not being repatriated to Sri Lanka at a time when the country's external resources are depleting.
• The cadre requirements have not been properly determined after the implementation of a VRS despite having an international consultant on Human Resources management.
• CBSL continued to make EPF contributions to the private provident fund maintained by the bank contrary to the EPF Law.
The committee recommend the following:
• Immediate action be taken to expedite recovery of compensation paid on account of failed finance companies.
• Carry out investigations on the non repatriation of export proceeds to Sri Lanka and take corrective action appropriately to avoid drain of foreign resources.
• Effective Cadre Management and regularize the EPF contributions.

No comment - Central Bank
A Central Bank spokesperson said they were unable to comment on the COPE report as the matter was before Parliament and Parliamentary privileges do not allow the bank to comment on it. However, the bank would respond to parliament.

Export proceeds
With regard to COPE’s reference to the non repatriation of export proceeds to Sri Lanka, The Sunday Times FT is planning a comprehensive story on this issue next week.

Back to Top  Back to Business  

Copyright © 2001 Wijeya Newspapers Ltd. All rights reserved.