Road Development Authority ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT AND CONSTITUTION OF THE ROAD DEVELOPMENT AUTHORITY

2. Establishment of the Road Development Authority.

3. Members of the Authority.

4. Proceedings of the Authority.

5. Seal of the Authority.

6. Power of the Authority to establish committees.

7. Road Development Advisory Council.

PART II

DECLARATION OF ROAD DEVELOPMENT AREAS, AND POWERS, DUTIES
AND FUNCTIONS OF THE AUTHORITY

8. Declaration of areas as Road-Development Areas by Order of the Minister and effect of such Orders.

9. Powers, duties and functions of the Authority.

10. Directions of the Minister.

11. Delegation of powers by the Authority.

PART III

STAFF OF THE AUTHORITY

12. Director General of the Authority.

13. Appointment of the staff of the Authority.

PART IV

FINANCE

14. Fund of the Authority.

15. Borrowing powers of the Authority.

16. Financial year and the audit of accounts of the Authority.

PART V

GENERAL

17. Members, officers and servants of the Authority deemed to be public servants.

18. Authority deemed to be a scheduled institution within the meaning of the Bribery Act.

19. Protection for action taken under this Act or on the direction of the Authority.

20. No writ to issue against person or property of a member of the Authority.

21. Authority to make rules.

22. Acquisition of immovable property under the Land Acquisition Act.

23. State property both movable and immovable to be made available to the Authority.

24. Power to enter any land or premises.

25. Offences and penalties.

26. Interpretation.

SCHEDULE.

73 of 1981,

5 of 1988,

37 of 2009.

AN ACT to provide for the establishment of the Road Development Authority, to specify the powers, duties and functions of such authority and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 15th December, 1981]

1. Short title.

This Act may be cited as the Road Development Authority Act.

PART I

ESTABLISHMENT AND CONSTITUTION OF THE ROAD DEVELOPMENT AUTHORITY

2. Establishment of the Road Development Authority.

(1) There shall be established an Authority which shall be called the Road Development Authority (herein after 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) The Authority may, with the prior approval of the Minister, establish and maintain branch offices.

3. Members of the Authority.

(1) The Authority shall consist of the following members—

(a) seven members (hereinafter referred to as "appointed members”) who shall be appointed by the Minister from among persons who have wide experience and have shown capacity, in the fields of civil engineering, highway engineering, commerce, finance, law or administration; and

(b) nine other members (hereinafter referred to as ex-officio members) who shall be—

(i) a senior officer of the Ministry of the Minister in charge of the subject of highways, nominated by such Minister;

(ii) a senior officer of the Ministry of the Minister in charge of the subject of finance, nominated by such Minister;

(iii) a senior officer of the Ministry of the Minister in charge of the subject of power, nominated by such Minister;

(iv) a senior officer of the Ministry of the Minister in charge of the subject to transport, nominated by such Minister;

(v) a senior officer of the Ministry of the Minister in charge of the subject of lands, nominated by such Minister;

(vi) the General Manager of the National Water Supply and Drainage Board established under the National Water Supply and Drainage Board Act, No. 2 of 1974, nominated by the Minister in charge of that subject;

(vii) the Director-General of the Urban Development Authority established under the Urban Development Authority Act, No. 41 of 1978, nominated by the Minister in charge of that subject;

(viii) the Chief Executive Officer of the Central Environment Authority, established under the National Environment Act, No. 47 of 1980, nominated by the Minister in charge of that subject; and

(ix) the Chief Executive Officer of the Geological Survey and Mines Bureau established under Mines and Minerals Act, No. 33 of 1992, nominated by the Minister in charge of that subject.

[S 3(1) subs by s 2 of Act 37 of 2009.]

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

(3) A person shall be disqualified from being appointed or continuing as a member of the Authority if he is or becomes a Member of Parliament.

(4) Before appointing a person to be a member of the Authority, the Minister shall satisfy himself that such person has no financial or other interest as is likely to affect prejudicially the discharge by such person of his functions as a member of the Authority. The Minister shall also satisfy himself, from time to time, that no member of the Authority has any such interest. Any person who is appointed by the Minister, or whom the Minister proposes to appoint, as a member of the Authority shall, whenever requested by the Minister so to do, furnish to the Minister such information as the Minister considers necessary for the performance by him of his, duties under this subsection.

(5) A member of the Authority 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 Authority and such disclosure shall be recorded in the minutes of Authority and the member shall not take part in any deliberation or decision of the Authority with regard to that contract.

(6) Every appointed member of the Authority shall, subject to the provisions of subsections (8) and (9), hold office for such term not exceeding three years reckoned from the date of his appointment as the Minister may at the time of appointment determine, and unless he has been removed from office under subsection (8) shall be eligible for reappointment:

Provided that a member appointed by the Minister to fill a vacancy in the office of an appointed member of the Authority shall, unless he vacates office earlier, hold office for the unexpired portion of the term of office of the member whom he succeeds.

(7) Subject to the provisions of subsection (9), the term of office of the Chairman shall be the period of his member ship of the Authority.

(8) The Minister may, by Order published in the Gazette, remove any appointed member from office without assigning any reason therefor and such removal shall not be called in question in any court.

(9) A member of the Authority in respect of whom an Order under subsection (8) is made by the Minister shall vacate his office on the date of publication of such Order in the Gazette.

(10) An appointed member of the Authority may at any time resign his office as a member, or Chairman, by a letter in that behalf addressed to the Minister.

(11) Where any member of the Authority is temporarily unable to perform the duties of his office on account of ill health, other infirmity, absence from Sri Lanka or any other cause, then—

(a) if he is an appointed member, the Minister may having regard to the provisions of subsection (1)(a) appoint another person to act in place of that member; or

(b) if he is an ex-officio member the Minister who nominated that member may nominate another person to act in place of that member.

[S 3(11)(b) subs by s 2 of Act 37 of 2009.]

(12) Where the Chairman of the Authority 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 any other appointed member to act as Chairman.

(13) All or any of the members of the Authority may be paid such remuneration, allowances, and other expenses out of the funds of the Authority, as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

4. Proceedings of the Authority.

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