GAL OYA DEVELOPMENT BOARD act

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF GAL OYA DEVELOPMENT BOARD

2. Gal Oya Development Board.

3. Constitution of the Board.

4. Remuneration and conditions of service of members of the Board.

5. Appointment of officers and servants.

PART II

FUNCTIONS AND POWERS OF THE BOARD

6. Area of authority.

7. Developed area and undeveloped area.

8. Functions of the Board.

9. Roads and irrigation.

10. Water supply.

11. Existing irrigation works.

12. Works requiring sanction of the Board.

13. Generation and supply of electrical energy.

14. Other activities of the Board.

15. Crown lands.

16. Compulsory acquisition of land in area of authority.

17. Possession of land in undeveloped area otherwise than under land acquisition law.

18. Effect of possession under section 17.

19. General powers.

20. Special powers in respect of undeveloped area.

21. Power to make rules.

22. Power to make by-laws.

PART III

FINANCE AND ACCOUNTS

23. Fund of the Board.

24. Exemption from customs duty and income tax.

25. Audit.

26. Annual report.

27. Minister's power to make regulations.

PART IV

MISCELLANEOUS

28. Dissolution of Village Committees in undeveloped area.

29. Constitution of local authorities in undeveloped area.

30. Minister's directions to the Board.

31. Power to enter any land or premises.

32. Members and employees of the Board to be deemed to be public servants.

33. Protection for action taken under this Act.

34. Forests of the Board.

35. Offences.

36. Effect of other laws.

37. Amendment of Schedules.

38. Interpretation.

SCHEDULES

51 of 1949,

40 of 1952.

AN ACT to provide for the establishment and regulation of a board for the Development of the Gal Oya Valley and other areas which may be brought under the control of the Board, and to make provision for matters incidental to or connected therewith.

[Date of Commencement: 15th December, 1949]

1. Short title.

This Act may be cited as the Gal Oya Development Board Act.

PART I

ESTABLISHMENT OF GAL OYA DEVELOPMENT BOARD

2. Gal Oya Development Board.

(1) With effect from such date1 as the Minister may appoint by Notification published in the Gazette there shall be established a board by the name of the Gal Oya Development Board.

(2) The Board shall be a body corporate having perpetual succession and a common seal and may by its name sue and be sued.

3. Constitution of the Board.

(1) The Board shall consist of four members appointed by the Minister, one of whom shall be a person nominated for the purpose by the Minister of Finance, such person being either the Permanent Secretary to the Ministry of Finance or any other officer of the General Treasury.

(2) The Minister shall appoint one of the members of the Board to be the Chairman of the Board.

(3) A person shall be disqualified for appointment, or for continuing, as a member of the Board—

(a) if he is a Senator or a Member of Parliament; or

(b) if he has, directly or indirectly, any interest in a subsisting contract with, or in any work being done for, the Board except as a shareholder (other than a director) in an incorporated company.

(4) Where a member of the Board is a shareholder (other than a Director) in an incorporated company which has entered into any contract with, or is doing any work for, the Board, he shall disclose to the Minister the nature and extent of the shares held by him in such company.

(5) The Minister may, if he thinks it expedient to do so, remove, by Order published in the Gazette, any member of the Board from office without reason stated.

(6) A member of the Board in respect of whom an Order under subsection (5) is made by the Minister shall vacate his office on the date of the publication of such Order in the Gazette.

(7) A member of the Board who has been removed from office shall not be eligible for reappointment as a member of the Board or to serve the Board in any other capacity.

(8) A member of the Board may at any time resign his office by letter addressed to the Minister.

(9) If the Chairman or any other member of the Board is temporarily unable to discharge the duties of his office on account of ill health or absence from Ceylon or for any other cause, the Minister may appoint some other person to act in his place as the Chairman or as a member.

(10) Every member of the Board shall, unless he earlier vacates office by death, resignation or removal, hold office for a period of five years. Any member of the Board who vacates office by effluxion of time shall be eligible for reappointment.

(11) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the appointment of a member thereof.

4. Remuneration and conditions of service of members of the Board.

The members of the Board shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by regulations made under section 27.

5. Appointment of officers and servants.

(1) The Board may appoint such officers and servants as it considers necessary for the efficient discharge of its functions:

Provided that a person who is not a citizen of Ceylon, according to the law for the time being in force relating to citizenship of Ceylon, shall not be appointed an officer or servant of the Board without the prior sanction of the Minister.

(2) The officers and servants of the Board shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by rules made under section 21.

(3) No person who has directly or indirectly, by himself or his partner or agent, any share or interest in any contract made by or on behalf of the Board shall become or remain an officer or servant of the Board.

PART II

FUNCTIONS AND POWERS OF THE BOARD

6. Area of authority

(1) The Board may, subject to the other provisions of this Act, discharge all or any of its functions and exercise all or any of its powers within the area (hereinafter referred to as the "area of authority”) consisting of—

(a) the area declared by Order of the Minister to be the Gal Oya Valley for the purposes of this Act; and

(b) such other areas as may be declared by like Order to be within the control of the Board.

(2) No Order made by the Minister under subsection (1) shall have effect until it has been approved by the Senate and the House of Representatives and published in the Gazette.

(3) Nothing in subsection (1) shall be deemed to preclude the Board from maintaining any office or stores outside the area of authority.

(4) The Minister may by Order published in the Gazette direct that the Board shall cease to discharge or exercise all or any of its functions or powers within the whole or any part of the area of authority; and every such Order shall be complied with by the Board.

7. Developed area and undeveloped area.

(1) The Minister shall divide the area of authority into—

(a) the developed area; and

(b) the undeveloped area.

The limits of each such area shall be specified by Notification published in the Gazette.

(2) If any local authority within the area of authority is likely to be affected by the division of that area into the developed area and the undeveloped area, the Minister shall, in making such division, consult the Minister in charge of the subject of Local Government.

8. Functions of the Board.

The functions of the Board shall be—

(a) to develop the undeveloped area;

(b) to promote and operate schemes of—

(i) irrigation;

(ii) water supply;

(iii) drainage;

(iv) generation, transmission and supply of electrical energy; and

(v) flood control;

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