SRI LANKA TRANSPORT BOARD ACT

Arrangement of Sections

1. Short title.

PART I

TRANSPORT BOARD

1A. Establishment of the Sri Lanka Transport Board.

2. Composition of the Board.

3. Quorum for and procedure at meeting of the Board.

4. Vacancy among members not to invalidate acts of the Board.

5. Remuneration of members of the Board.

6. Seal of the Board.

7. Minister's direction to the Board.

8. Delegation of duties, functions and powers by the Board.

9. Central Advisory Committee.

PART II

DUTIES AND POWERS OF THE BOARD

10. Duties of the Board.

11. Powers of the Board.

12. The Accounting Officer of the Board.

13. Appointment of a Chief Executive Officer.

14. Appointment of Public Officers to the staff of the Board.

15. Officers and servants of the Board deemed to be public servants.

16. Board to be a scheduled institution within the meaning of the Bribery Act.

17. Acquisition of immovable property under the Land Acquisition Act for the Board.

18. State property both movable and immovable to be made available to the Board.

19. Borrowing powers of the Board.

20. Investment of funds of the Board.

PART III

FINANCE

21. Reserves.

22. Application of the revenue of the Board.

23. Financial Year.

24. Audit.

25. Application of the provisions of the Finance Act, No. 38 of 1971.

PART IV

OFFENCES

26. Offences.

27. Arrest of offenders.

PART V

GENERAL

28. Power of companies to enter into contracts with the Board.

29. Protection for action taken under this Act or on the direction of the Board.

30. No writ to issue against person or property of a member of the Board.

31. Regulations.

PART VI

REPEAL AND TRANSITIONAL

32. Repeal.

33. Transitional provisions relating to employees property, contracts, rights, obligations and liabilities of, pending actions and application by or against, and unsatisfied decrees or awards in favour of or against, the Board.

34. Sinhala text to prevail in case of inconsistency.

35. Interpretation.

PART VII

AMENDMENTS TO THE NATIONAL TRANSPORT COMMISSION ACT, NO. 37 OF 1991

36. Amendment of the preamble to Act, No. 37 of 1991.

37. Repeal and substitution of section 18 of the principal enactment.

27 of 2005,

39 of 2008.

AN ACT to provide for the establishment of the Sri Lanka Transport Board to provide for the repeal of the Sri Lanka Transport Board Law, No. 19 of 1978 and for consequential amendments to the National Transport Commission Act, No. 37 of 1991 and for matters connected therewith Or incidental thereto.

[Date of Commencement: 15th September, 2005.]

1. Short title.

This Act may be cited as the Sri Lanka Transport Board Act.

1A. Establishment of Sri Lanka Transport Board.

(1) There shall be established a Board which shall be called the "Sri Lanka Transport Board” (hereinafter referred to as the "Board”).

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

[S 1A ins by s 2 of Act 39 of 2008.]

PART I

TRANSPORT BOARD

2. Composition of the Board.

(1) The Board shall consist of—

[S 2(1) am by s 3 of Act 39 of 2008.]

(a) three ex-officio members, namely—

(i) a representative of the Secretary to the Ministry of the Minister in charge of the subject of transport, not below the rank of Senior Assistant Secretary;

(ii) the Secretary to the Ministry of the Minister in charge of the subject of Provincial Councils; and

(iii) an officer not below the rank of Additional Secretary of the Ministry of the Minister in charge of the subject of Finance or the Director-General to the Treasury nominated by the Secretary to the Treasury; and

[S 2(1)(iii) subs by s 3 of Act 39 of 2008.]

(b) four members appointed as Directors by the Minister (hereinafter referred to as the "appointed members”) from among persons who are professionally qualified the fields of transport, management, law, finance, engineering.

(2) The Minister shall from amongst the appointed members of the Board appoint a person to be the Chairman of the Board.

(3) Every appointed member shall hold office for a period of three years, unless he vacates, or is removed from, office earlier. An appointed member who vacates office by effluxion of time shall be eligible for reappointment.

(4) If any appointed member is temporarily unable to discharge the duties of his office on account of ill health, absence from Sri Lanka or any other cause, the Minister may appoint some other person to act as member in his place.

(5) A member may resign from the Board by letter addressed to the Minister. The Minister may, if he thinks it expedient to do so, remove an appointed member from office for reason stated.

3. Quorum for and procedure at meeting of the Board.

The quorum for any meeting of the Board shall be four. An ex officio member shall at all times be one of the four members comprising the quorum. Subject to the other provisions of this Act, the Board may regulate its procedure in regard to the meetings of the Board and the transaction of business at such meetings.

4. Vacancy among members not to invalidate acts of the Board.

Any act or proceeding of the Board shall not be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment of any of its members.

5. Remuneration of members of the Board.

The members of the Board shall be remunerated in such manner and at such rates as the Minister may, in consultation with the Minister in charge of the subject of Finance, determine.

6. Seal of the Board.

(1) The common seal of the Board shall be in the custody of such person as the Board may decide from time to time.

(2) The seal of the Board may be altered in such manner as may be determined by the Board.

(3) The seal of the Board shall not be affixed to any instrument or document except in the presence of two members of the Board one of whom shall be an ex officio member of the Board, both of whom shall sign the instrument or document in token of their presence.

(4) The Board shall maintain a register of the instruments or documents to which the seal of the Board is affixed.

7. Minister's direction to the Board.

(1) In the exercise, discharge and performance of its powers, functions and duties, the Board shall be subject to, and act in accordance with, such general or special directions as the Minister may from time to time issue in relation to any matter that appears to him to affect the national interest or efficient administration of the Board.

(2) The Minister may, from time to time, order all or any of the activities of the Board to be investigated and reported upon by such person or persons as he may specify and, upon such order being made, the Board shall afford all such facilities, and furnish all such information, as may be necessary to carry out the order.

(3) The Minister shall, in issuing directions under subsection (1) with regard to any matter affecting the functions assigned to any other Minister, act in consultation with that Minister.

8. Delegation of duties, functions and powers by the Board.

(1) The Board may delegate to any member of the Board or to any employee of the Board any of its powers or duties other than those specified in paragraphs (a) and (b) of subsection (1) of section 10 and paragraphs (b), (j), (k) and (l) of subsection (1) of section 11.

(2) Every person to whom any power or duty has been delegated under subsection (1) shall exercise or perform the power or duty so delegated to him subject to the general or special directions of the Board.

9. Central Advisory Committee.

(1) There shall be established an Advisory Committee for the purpose of this Act.

(2) The Advisory Committee shall consist of—

(a) a Deputy Secretary to the Treasury nominated by the Secretary to the Treasury;

(b) an Additional Secretary to the Ministry of the Minister in charge of the subject of Transport;

(c) the following four representatives nominated by their respective Institutions—

(i) Institution of engineers, Sri Lanka;

(ii) Ceylon Chamber of Commerce;

(iii) Chartered Institute of Logistics and Transport;

(iv) National Transport Commission; and

(d) three other members to be appointed by the Minister in consultation with employees.

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