NEW VILLAGES DEVELOPMENT AUTHORITY FOR PLANTATION REGION ACT

Arrangement of Sections

1. Short title and the date of operation.

PART I

ESTABLISHMENT OF THE NEW VILLAGES DEVELOPMENT
AUTHORITY FOR PLANTATION REGION

2. Establishment of the New Villages Development Authority for Plantation Region.

3. Designated areas of the Authority.

4. Objects of the Authority.

5. Powers of the Authority.

6. Functions of the Authority.

PART II

MANAGEMENT AND ADMINISTRATION OF THE AUTHORITY

7. Board of Management of the Authority.

8. Chairman and Vice-Chairman of the Board.

9. Financial interest of the members of the Board.

10. Disqualifications to be a member of the Board.

11. Provisions relating to appointed members.

12. Meetings of the Board.

13. The seal of the Authority.

14. Board to invite experts to meetings.

15. Remuneration for attending meetings of the Board.

PART III

APPOINTMENT OF THE DIRECTOR-GENERAL AND STAFF OF THE AUTHORITY

16. Director-General of the Authority.

17. Staff of the Authority.

18. Public officers to be appointed to the staff of the Authority.

19. Appointment of officers and other employees of public corporations to the staff of the Authority.

PART IV

FINANCE

20. Fund of the Authority.

21. Authority to maintain accounts.

22. Financial year and audit of accounts.

23. Investment of funds.

24. Borrowing powers of the Authority.

25. Exemption of Authority from payments of duties.

PART V

GENERAL

26. Annual report.

27. Declaration of secrecy.

28. Delegation of powers of the Authority.

29. Directions by the Minister.

30. Officers and other employees of the Authority deemed to be public officers.

31. Authority deemed to be a Scheduled Institution.

32. Compulsory acquisition of land.

33. Expenses in suit or prosecution to be paid out of the Fund.

34. Regulations.

35. Power of the Board to make rules.

36. Offences and penalties.

37. Interpretation.

38. Sinhala text to prevail in case of inconsistency.

32 of 2018.

AN ACT to provide for the establishment of an authority to be called and known as the New Villages Development Authority for Plantation Region to develop new villages in the plantation region of Sri Lanka; and for matters connected therewith or incidental thereto.

[Date of Commencement: On Notice]

1. Short title and the date of operation.

This Act may be cited as the New Villages Development Authority for Plantation Region Act, and shall come into operation on such date as the Minister may appoint (hereinafter referred to as “the appointed date”) by Order published in the Gazette.

PART I

ESTABLISHMENT OF THE NEW VILLAGES
DEVELOPMENT AUTHORITY FOR
PLANTATION REGION

2. Establishment of the New Villages Development Authority for Plantation Region.

(1) There shall be established an Authority which shall be known as the New Villages Development Authority for Plantation Region (hereinafter in this Act referred to as “the Authority”).

(2) The Authority shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in that name.

3. Designated areas of the Authority.

The Authority shall be responsible for co-ordinating the planning and implementation of development projects under this Act within the areas in the plantation region as may be declared by the Minister with the concurrence of the relevant Ministers as designated areas by Order published in the Gazette.

4. Objects of the Authority.

The objects of the Authority shall be to—

(a) ensure inclusion of the plantation community in the designated areas into the social mainstream by socio, economic, cultural and infrastructure development in the plantation region; and

(b) empower the plantation community in the designated areas socially and economically in order to enable them to contribute to the national development process.

5. Powers of the Authority.

The Authority may, for the purpose of discharging its functions, exercise all or any of the following powers, subject to the provisions of any other written law—

(a) enter into contracts or agreements with any person including a Government Department, Local Authority, public corporation or any other institution, whether private or public, to enable the Authority to exercise, perform and discharge its powers, duties and functions under the Act effectively;

(b) accept grants, gifts or donations, whether in cash or otherwise, from persons or bodies of persons within or outside Sri Lanka and apply them in the discharge of its functions under the Act:

Provided that, notwithstanding anything to the contrary in any other provisions of this Act, the Authority shall obtain prior written approval of the Department of External Resources, in respect of all foreign grants, gifts or donations;

(c) open and maintain current, savings or deposit accounts in any State bank or State financial institution as may be determined by the Authority;

(d) invest in State banks and State financial institutions any funds not immediately required for the purposes of the Authority in such manner as the Authority may think appropriate;

(e) purchase and hold any movable or immovable property or give on lease, mortgage, pledge, sell or otherwise dispose of any movable or immovable property purchased or held by the Authority for the purposes of the Authority; and

(f) maintain any office, branch office or stores outside the designated areas and execute outside such designated areas any such work as may be necessary for the discharge of functions under the Act.

6. Functions of the Authority.

The functions of the Authority shall be to—

(a) implement plans, programmes and projects of the Government for the development of new villages in the designated areas in consultation with the Minister;

(b) co-ordinate with other national, provincial and district level implementing agencies in the plantation region in working towards the achievement of the objects of the Authority;

(c) ensure participation of community based organisations in the plantation region in the formulation and implementation in the designated areas, of plans, programmes and projects of the Government for the development of new villages;

(d) facilitate the issuance of title deeds for the legal occupants of the houses in the Estates within the designated areas to grant them ownership of such houses;

(e) provide assistance to the youth in the estate sector in the designated areas to enter the tertiary and higher educational institutions for their educational development;

(f) work with Provincial Council Ministries and other regional level offices of the Government Ministries to facilitate the provision of essential services to the communities in the designated areas;

(g) promote alternative livelihood opportunities and provide necessary guidance and inputs in respect thereof to the Estate communities in the designated areas;

(h) empower the different community groups in the estate sector including women, children, elders and differently abled people to uplift their livelihood;

(i) ensure that descendants of legal occupants of the houses in Estates are provided with all facilities that are enjoyed by such legal occupants in Estates in the designated areas;

(j) strengthen conservation measures at all levels, both preventive and remedial, aimed at minimising physical degradation of land and water resources and eliminating environmental pollution in the designated areas;

(k) identify hazardous sites, in consultation with the National Building Research Organisation and the National Disaster Management Centre, in the designated areas and convert them into alternative productive use, thereby protecting them from illegal occupation for residential purposes; and

(l) promote the provision of adequate social services and adequate sustainable infrastructure facilities in the designated areas.

PART II

MANAGEMENT AND ADMINISTRATION
OF THE AUTHORITY

7. Board of Management of the Authority.

The affairs of the Authority shall be managed and administered by a Board of Management (hereinafter referred to as the “Board”) consisting of the following—

(a) seven ex-officio members, namely—

(i) an officer of the Ministry of the Minister assigned the subject of Hill Country New Villages, Infrastructure and Community Development and nominated by the Secretary to such Ministry;

(ii) an officer of the Ministry of the Minister assigned the subject of Finance and nominated by the Secretary to such Ministry;

(iii) an officer of the Ministry of the Minister assigned the subject of Plantation Industries and nominated by the Secretary to such Ministry;

(iv) an officer of the Ministry of the Minister assigned the subject of Public Enterprise Development and nominated by the Secretary to such Ministry;

(v) an officer of the Ministry of the Minister assigned the subject of Provincial Councils and Local Government and nominated by the Secretary to such Ministry;

(vi) an officer of the Ministry of the Minister assigned the subject of Housing and Construction and nominated by the Secretary to such Ministry;

(vii) an officer of the Ministry of the Minister assigned the subject of Land and nominated by the Secretary to such Ministry;

(b) six members who shall be appointed by the Minister (hereinafter referred to as “Appointed Members”) from among persons possessing expertise in the fields of infrastructure development, community development, finance and provincial administration. One of these members shall be appointed from the Planters Association of Ceylon to represent the plantation companies.

8. Chairman and Vice-Chairman of the Board.

(1) The Minister shall, from among the appointed members, appoint—

(a) one member to be the Chairman of the Board; and

(b) one member to be the Vice-Chairman of the Board.

(2) The Chairman and Vice-Chairman shall hold office for a period of three years and shall be eligible for re-appointment subject to the provisions of section 7.

(3) The Chairman and Vice-Chairman shall not engage in any paid employment outside the duties of his office, without the approval of the Minister.

(4) The Chairman or Vice-Chairman may at any time resign from office by letter addressed to the Minister, and such resignation shall be effective from the date on which it is accepted by the Minister.

(5) The Minister may, for reasons assigned, remove the Chairman or Vice-Chairman from their respective offices.

(6) Where the Chairman is temporarily unable to perform the duties of his office due to ill health, other infirmity, absence from Sri Lanka or any other cause, the Minister may appoint the Vice-Chairman to act as Chairman.

(7) Where both the Chairman and the Vice-Chairman are temporarily unable to perform the duties of their offices due to ill health, other infirmity, absence from Sri Lanka or any other cause, the Minister may appoint any other appointed member to act as Chairman in addition to such member’s normal duties as an appointed member.

(8) Where the office of Chairman or Vice-Chairman becomes vacant upon the death, removal from office, or resignation by the holder of that office, the Minister may appoint a member of the Board to perform the duties of such office, until an appointment is made under subsection (1).

9. Financial interest of the members of the Board.

(1) The Minister shall, prior to appointing a person as a member of the Board, satisfy himself that such person has no financial or other interest in the affairs of the Authority, as is likely to affect prejudicially, the discharging of his functions as a member of the Board.

(2) The Minister shall also satisfy himself, from time to time, that no member of the Board has since being appointed to the Board acquired any such interest.

(3) A member of the Board who is in any way, directly or indirectly, interested in any contract made or proposed to be made by the Authority shall disclose the nature of his interest at a meeting of the Board and such disclosure shall be recorded in the minutes of the Authority and such member shall not participate in any deliberation or decision of the Authority with regard to that contract.

(4) For the purposes of this section, a member of the Board includes the Chairman, the Vice-Chairman, an ex-officio member and an appointed member of the Board.

10. Disqualifications to be a member of the Board.

A person shall be disqualified from being appointed or continuing as a member of the Board, if such person—

(a) is or becomes a Member of Parliament, of any Provincial Council or of any Local Authority;

(b) is not, or ceases to be, a citizen of Sri Lanka;

(c) directly or indirectly holds or enjoys any right or benefit under any contract made by or on behalf of the Authority;

(d) has any financial or other interest as is likely to affect prejudicially the discharge by such person of the functions as a member of the Board;

(e) absents himself from three consecutive meetings of the Board, without obtaining prior approval of the Board therefor;

(f) is under any law in force in Sri Lanka or any other country, found or declared to be of unsound mind;

(g) is a person who, having been declared as insolvent or bankrupt under any law in force in Sri Lanka or in any other country, is an undischarged insolvent or bankrupt; or

(h) is serving or has served a sentence of imprisonment imposed by any court in Sri Lanka or any other country.

11. Provisions relating to appointed members.

(1) Every appointed member of the Board shall, unless he vacates office earlier by death, resignation or removal, hold office for a period of three years, and shall be eligible for re-appointment, unless removed on disciplinary grounds.

(2) The Minister may for reasons assigned remove any appointed member from office.

(3) Any appointed member may resign from office at any time by letter addressed in that behalf to the Minister and such resignation shall take effect upon it being accepted by the Minister.

(4) —

(a) In the event of the death, resignation or removal from office of any appointed member, the Minister may, having regard to the provisions of this Act in relation to the appointment of that particular appointed member, appoint another member to act in his place.

(b) The Minister shall appoint a member for the purposes of paragraph (a) within one month of the occurrence of the vacancy.

(c) The member appointed under paragraph (a) shall hold office for the unexpired period of the term of office of the member whom he succeeds.

(5) Where any appointed member is temporarily unable to perform the duties of the office due to ill health or absence from Sri Lanka or for any other reason, the Minister may, having regard to the provisions of paragraph (b) of section 7, appoint another person to act in his place.

(6) Subject to the preceding provisions, an appointed member may continue to hold office after the lapse of the period of three years referred to in subsection (1), until he is re-appointed or a new member is appointed in his place by the Minister.

12. Meetings of the Board.

(1) The Chairman shall, if present, preside at every meeting of the Board. Where the Chairman is absent, the Vice-Chairman shall preside at such meeting. Where both the Chairman and the Vice-Chairman are absent from any meeting, the members present shall elect a Chairman for that meeting from among themselves.

(2) All matters for decision by the Board shall be dealt with at a meeting of the Board and shall be determined by the majority of the members present and voting.

(3) In the event of an equality of votes on any question considered at a meeting, the Chairman of that meeting shall have a casting vote in addition to his original vote.

(4) All decisions of the Board shall be supported by reasons, in writing and the seal of the Authority shall be affixed thereto.

(5) Any member of the Board may, by written notice, request the Chairman to call a meeting and the Chairman shall not, otherwise than for justifiable reasons, refuse to do so.

(6) The Director-General of the Authority appointed under section 16 shall summon all meetings of the Board.

(7) No act, decision or proceedings of the Board shall be deemed to be invalidated by reason only of the existence of any vacancy of the Board or any defect in the appointment of any member thereof.

(8) The quorum for any meeting of the Board shall be five members.

(9) Subject to the preceding provisions of this section, the Board may regulate the procedure in regard to the meetings of the Board and the transaction of business at such meetings.

13. The seal of the Authority.

(1) The seal of the Authority shall be as determined by the Board.

(2) The seal of the Authority—

(a) may be altered in such manner as may be determined by the Board;

(b) shall be in the custody of such person or persons as the Board may determine;

(c) shall not be affixed to any instrument or document without the sanction of the Board and except in the presence of two members of the Board, both of whom shall sign the instrument or document in token of their presence.

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Recent Updates

FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018


FINANCE ACT, NO. 35 OF 2018


OFFICE FOR REPARATIONS ACT, NO. 34 OF 2018


NEW VILLAGES DEVELOPMENT AUTHORITYFOR PLANTATION REGION ACT, NO. 32 OF 2018


INSTITUTE OF PERSONNEL MANAGEMENT, SRI LANKA (AMENDMENT) ACT, NO. 31 OF 2018


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 33 OF 2018



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