URBAN DEVELOPMENT AUTHORITY LAw

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT AND CONSTITUTION OF THE URBAN DEVELOPMENT AUTHORITY

2. Establishment of the Urban Development Authority and appointment of Chairman.

3. Declaration of areas as Urban Development Areas by Order of the Minister and effect of such Order.

4. Constitution of the Board of Management of the Authority.

5. Power of the Board to establish committees.

6. Seal of the Authority.

7. Establishment of Advisory Committees.

PART II

POWERS AND FUNCTIONS

8. Powers and functions of the Authority.

PART II A

PLANNING PROCEDURE

8A. Preparation of development plan.

8B. Appointment of Planning Committee.

8C. Power of the Authority to call for preparation of development plan.

8D. Preparation of Draft Development Plan.

8E. Draft Development Plan to be examined by Planning Committee and submitted to the Authority.

8F. Approval of development plan.

8G. Notice of approval of development plan.

8H. Amendment of development plan.

8J. Permits to carry out or engage in development activities in development areas.

8K. Development activity to be in conformity with permit.

8L. Remission of rates.

PART III

FINANCE

9. Fund of the Authority.

10. Application of the provisions of the Public Corporations (Financial Control) Act.

11. Borrowing powers of the Board.

12. Government guarantee.

PART IV

STAFF

13. General Manager of the Authority.

14. Appointment of officers, servants and agents.

PART V

ACQUISITION OF IMMOVABLE PROPERTY AND SALE OF LANDS BELONGING TO THE AUTHORITY

15. Authority over lands which are situated within the jurisdiction of any local authority.

16. Compulsory acquisition of land under the Land Acquisition Act for the Authority.

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

18. Alienation of land or interest in land held by Authority.

19. No action to lie in respect of the cancellation or determination of an instrument of alienation.

PART VA

RECOVERY OF POSSESSION OF HOUSES, FLATS AND ANY OTHER BUILDINGS CONSTRUCTED IN PURSUANCE OF A JOINT VENTURE AGREEMENT WITH THE AUTHORITY FOR THE PURPOSE OF CARRYING OUT A DEVELOPMENT PROJECT OR SCHEME APPROVED BY THE GOVERNMENT

19A. Houses, flats or other buildings to which this Part applies.

19B. Interpretation of the expressions "landlord” and "occupier”.

19C. Obligation to vacate building to which this Part applies.

19D. Application to Court for possession and service of order nisi.

19E. Adjournment of hearing.

19F. Issue and execution of writ for delivery of possession.

19G. Recovery of rent.

19H. Appeal.

19J. Provisions of this Act to apply exclusively in all sections for ejectment from buildings to which this Part applies.

19K. Stamp duties.

19L. Certificate by the Chairman of the Authority.

PART VI

GENERAL

20. Directions of the Minister.

21. Regulations.

22. Power to enter any land or premises.

23. Applicability of Town and Country Planning Ordinance and other enactments in development areas.

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

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

26. Protection from prosecution for action taken under this Law or on the direction of the Authority.

26A. Delegation of power and c by the Authority.

26B. Fines when recovered to be credited to the Fund of the Authority.

27. Power of the Authority to make rules.

28. Offences and penalties.

28A. Procedure to be followed in respect of certain development activities commenced contrary to terms and conditions of permit.

28B. Vesting of lands in certain cases.

28C. Offences by bodies of persons.

28D. Applications for an order to be disposed of within a given period.

29. Interpretation.

SCHEDULE

41 of 1978,

70 of 1979,

4 of 1982,

44 of 1984,

49 of 1987,

41 of 1988,

392-9-1986.

A LAW to provide for the establishment of an Urban Development Authority to promote integrated planning and implementation of economic, social and physical development of certain areas as may be declared by the minister to be Urban Development Areas and for matters connected therewith or incidental thereto.

[Date of Commencement: 6th September, 1978]

1. Short title.

This Law may be cited as the Urban Development Authority Law.

PART I

ESTABLISHMENT AND CONSTITUTION OF THE URBAN DEVELOPMENT AUTHORITY

2. Establishment of the Urban Development Authority and appointment of Chairman.

(1) With effect from such date as may be fixed by the Minister by Notification published in the Gazette, there shall be established an Authority which shall be called the Urban Development Authority of Sri Lanka, hereinafter referred to as the "Authority”.

(2) The Authority shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(1A) There shall be a Chairman of the Authority, who shall be appointed, by the Minister.

[S 2(1A) ins by s 4 of Act 44 of 1984.]

(1B) Wherever the expression "Chairman of the Board” appears in this Law or in any other law for the time being in force, in respect of the Urban Development Authority, there shall be substituted therefor the expression "Chairman of the Authority”.

[S 2(1B) ins by s 4 of Act 44 of 1984.]

(3) The head office of the Authority shall be in Colombo.

(4) The Authority may, with the prior approval of the Minister, establish and maintain branch offices.

3. Declaration of areas as Urban Development Areas by Order of the Minister and effect of such Order.

(1) Where the Minister is of opinion that any area is suitable for development, the Minister may, by Order published in the Gazette, declare such area to be an Urban Development Area (hereinafter referred to as a "development area”).

(2) An Order under subsection (1) declaring an area as a development area shall define that area by setting out the metres and bounds of such area.

(3) The Authority shall develop every development area for the better physical and economic utilisation of such area.

4. Constitution of the Board of Management of the Authority.

(1) The management and administration of the affairs of the Authority shall be vested in a Board of Management (hereinafter referred to as "the Board”) which shall consist of—

(a) the Chairman of the Urban Development Authority appointed under section 2 (hereinafter referred to as "the Chairman”);

[S 4(1)(a) subs by s 5 of Act 44 of 1984.]

(b) a senior officer of the Ministry charged with the subject of Local Government nominated by the Minister in charge of that subject;

(c) a senior officer of the Ministry charged with the subject of Finance nominated by the Minister in charge of that subject;

(d) a senior officer of the Ministry charged with the subject of Lands nominated by the Minister in charge of that subject;

(e) the person holding office for the time being as Director General of the Authority, who shall be the Secretary of the Board;

[S 4(1)(e) subs by s 5 of Act 44 of 1984.]

(f) a senior officer of the Ministry charged with the subject of Industries nominated by the Minister in charge of that subject;

(g) a senior officer of the Ministry charged with the subject of Transport nominated by the Minister in charge of that subject;

(h) a senior officer of the Ministry charged with the subject of Health nominated by the Minister in charge of that subject;

(i) a senior officer of the Ministry charged with the subject of Education nominated by the Minister in charge of that subject;

(j) the person holding office for the time being as Director, Town and Country Planning;

(k) the person holding office for the time being as Chairman, National Housing Development Authority;

(l) the person holding office for the time being as General Manager of the Authority, who shall be the Secretary of the Board;

(m) two other members, other than public officers, nominated by the Minister to represent the interests of local authorities; and

(n) two other members nominated by the Minister from among persons who appear to him to have a knowledge of, and experience in, urban development.

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

(a) if he is, or becomes, a Member of Parliament; or

(b) if he is not, or ceases to be, a citizen of Sri Lanka.

(3) The Chairman and the members nominated by the Minister under paragraphs (a), (m) and (n) of subsection (1) shall subject to the provisions of subsections (4) and (7) hold office for a term of three years but shall be eligible for re-nomination.

(4) The Minister may remove from office the Chairman or any member—

(a) if he becomes subject to any disqualification mentioned in subsection (2); or

(b) if he becomes permanently incapable of performing his duties owing to physical disability or unsoundness of mind; or

(c) if he does any act or thing which, in the opinion of the Minister, is likely to bring the Board to disrepute:

Provided, however, that no member nominated under paragraphs (b) to (q) of subsection (1), shall be removed from office under this subsection without the concurrence of the Minister who nominated such member.

(5) In the event of the vacation of office by the Chairman or any other member of the Board, or his removal from office under the provisions of the preceding subsection, the Minister may nominate another person to hold such office during the unexpired part of the term of office of the member whom he succeeds:

Provided, however, that if such vacation of office or removal from office is by, or of, a member nominated under paragraphs (b) to (o) of subsection (1), no nomination shall be made under this subsection without the concurrence of the Minister who nominated such member.

(6) If the Chairman or any member of the Board is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause, the Minister may nominate some other person to act in his place as Chairman or as member: Provided, however, that if the member so unable to discharge the duties of his office is a member nominated under paragraphs (b) to (i) of subsection (1), no nomination shall be made under this subsection without the concurrence of the Minister who nominated such member.

(7) The Chairman or any member of the Board may at any time resign his office by letter to that effect addressed to the Minister.

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

Provided, however, that no member nominated under paragraphs (b) to (i) of Board to subsection (1) shall be removed discharge establish subsection without the concurrence of the Minister who nominated such member.

(9) The Chairman or any member of the Board may be paid such remuneration out of the Fund of the Board, as may be determined by the Minister.

(10) The members nominated under paragraphs (b) to (i) of subsection (1) shall subject to the provisions of subsections (4) and (7) hold office for a term of three years.

(11) The Chairman of the Board shall if present preside at all meetings of the Board. In the absence of the Chairman from any such meeting, the members present shall elect one of the members to preside at the meeting.

(12) The quorum for any meeting of the Board shall be three members and the Board may regulate the procedure in regard to the meetings of such Board and the transaction of business at such meetings.

(13) The Board shall, in the exercise, discharge or performance of its powers, functions or duties under this Law, be subject to such general or special directions as may, from time to time, be issued by the Minister.

(14) A member of the Board who is directly or indirectly interested in any business transacted or proposed to be transacted by the Board shall disclose the nature of such interest at the meeting of the Board where such business is discussed. The disclosure shall be recorded in the minutes of the Board, and such member shall not take part in any deliberation or decision of the Board with regard to that business, and shall withdraw from such meeting while such deliberation is in progress or such decision is being made.

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

5. Power of the Board to establish committees.

(1) The Board may establish committees consisting of such number of persons for the proper exercise, discharge and performance of its powers, functions and duties.

(2) The Board may delegate to such committees such of its powers, functions and duties as may be determined by the Board.

(3) Every committee established under subsection (1) shall determine the quorum for and the procedure to be followed at the meetings of such committee.

6. Seal of the Authority.

(1) The seal of the Authority shall be in the custody of the Board.

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

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

7. Establishment of Advisory Committees.

(1) The Minister may, by Order published in the Gazette, establish an Advisory Committee for each such development area as he may determine.

(2) It shall be the function of each such Advisory Committee to advise the Board on any or all of the matters the Minister considers necessary for the purpose of carrying out or giving effect to the principles and provisions of this Law.

(3) The Minister may appoint to each such Advisory Committee such number of members on such terms and conditions as he shall determine.

(4) Each such Advisory Committee shall have the power to fix and regulate its own procedure including the power to determine the number of members necessary to form a quorum at its meetings. Every member shall hold office for three years unless he earlier resigns, dies or is removed from office.

(5) A member may resign from office by letter to that effect addressed to the Minister.

(6) A member vacating his office by resignation or by the expiration of his term of office shall be eligible for reappointment.

(7) Where a member becomes by reason of illness or other infirmity, or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint another person to act in his place.

(8) The Minister may, if he considers it expedient so to do, remove, by Order published in the Gazette, any member of an Advisory Committee.

PART II

POWERS AND FUNCTIONS

8. Powers and functions of the Authority.

The powers and functions of Authority within any development area shall be—

(a) to carry out integrated planning and physical development within and among such areas, subject to any directions that may be given to the Authority by the Minister from tune to time;

(b) to implement related programmes of development work, activities and services in such areas that are consistent with integrated planning in such areas, subject to any directions that may be given to the Authority by the Minister from time to time;

(c) to enter into, perform and carry out, whether directly or by way of joint venture with any person in or outside Sri Lanka, all such contracts or agreements as may be necessary for the purpose of carrying out any development project or scheme, as may be approved by the Government;

[S 8(c) subs by s 2 of Act 4 of 1982.]

(cc) to formulate a Scheme for rainwater harvesting to be included in the Development Plan prepared in terms of section 8A which scheme shall be in keeping with the National Rainwater Policy and Strategies;

[S 8(cc) ins by s 2 of Act 36 of 2007.]

(d) to undertake the execution of development projects and schemes as may be approved by the Government;

(e) to enter into any contract with any person for the execution of development projects and schemes as may be approved by the Government;

(f) to undertake the completion of any approved development project or scheme in default by any person failing to complete such project or scheme;

(g) to implement development plans and capital investment plans approved by the Government;

(h) to formulate capital improvement programmes in such areas;

(i) to formulate and implement an urban land use policy in such areas;

(j) to develop environmental standards and prepare schemes for environmental improvements in such areas;

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LAW COMMISSION (AMENDMENT) ACT, NO. 19 OF 2016


VALUE ADDED TAX (AMENDMENT) ACT, NO. 20 OF 2016


PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


NATION BUILDING TAX (AMENDMENT) ACT, NO. 22 OF 2016


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