Sri Lanka National Freedom from Hunger Campaign Act

FREEDOM FROM HUNGER CAMPAIGN Lun3 No. I5 of 1973. Short title. Establishment of Sri Lanka National Freedom From Hunger Campaign Board. General ObJects of the Board. CHAPTER 273 FREEDOM FROM HUNGER CAMPAIGN A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE SRI LANKA NATIONAL FREEDOM FROM HUNGER CAMPAIGN BOARD AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. 1. This Law may be cited as the Sri Lanka National Freedom from Hunger Campaign Law. P A R T I ESTABLISHMENT, OBJECTS AND POWERS OF THE SRI LANKA NATIONAL FREEDOM FROM HUNGER CAMPAIGN BOARD 2. (1) There shall be established a Board which shall be called the Sri Lanka National Freedom From Hunger Campaign Board (hereinafter referred to as the “ Board “) and which shall consist of the persons deemed to be members of the Board under section 5. (2) The Board 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 such name. (3) The head office of the Board shall be in Colombo or at such other place as may be determined by the Board. 3. The general objects of the Board shall be (i) to secure the aid of non-governmental agencies, both foreign and local, for social and economic development in accordance with the programme of development formulated by the Government ; (ii) to assist institutions and other bodies in carrying out schemes of public utility, social welfare and economic development ; [29th March, 1973.1 (iii) to aid, promote and co-ordinate specific projects directed towards a g r i c u l t u r a l a n d i n d u s t r i a l development ; (iv) to stimulate non-governmental agencies in the implementation of projects for increasing agricultural and industrial production ; (v) to collaborate with the International Freedom From Hunger Campaign and other similar institutions, associations or societies abroad. 4. The Board shall, in furtherance of the Power of the objects of the Board, have the power- Board. (a) to receive aid and donations in cash, equipment or in any other form from non-governmental sources ; (b) to disburse such aid and donations on such terms and conditions as the Board may deem necessary ; (c) to review and co-ordinate the activities of non-governmental agencies receiving assistance in cash, goods or services from foreign sources ; (d) to call for reports on the activities of non-governmental organizations receiving aid in cash, goods or services from non-governmental sources for the purposes specified in section 3 ; (e) to negotiate with non-governmental organizations, both foreign and local, for the grant of aid for approved projects ; XI/ 192.FREEDOM FROM HUNGER CAMPAIGN [Cap. 273 Constitutio n of 5. (I) The Board shall consist of the the Board. folio-wing members : v) to sell, or otherwise dispose of, commodities received by way of aid from non-governmental sources ; (g) to purchase, hold, take on lease, rent, hire or mortgage any movable or immovable property ; (h) to negotiate and enter into contracts or agreements and to vary or rescind such c o n t r a c t s o r agreements ; (i) to sell, manage, transfer, exchange, mortgage, lease, hire or otherwise dispose of any movable or immovable property ; 0’) to impose services and recover charges for rendered by the Board ; the (k) to recover, in appropriate cases, the rupee value of aid or donations whether in cash, commodities or equipment received from foreign non-governmental sources and channelled to local recipients, from such recipients ; (0 to establish and maintain information and educational services ; (m) to draw, make, accept, endorse, and discount cheques, notes or other negotiable instruments f o r t h e purposes of the Board ; (0) to pay all expenses preliminary or incidental to the establishment of the Board and for the management and administration of its affairs ; (0) to do all such other things as the Board may think it necessary, incidental or conducive to the attainment of its objects. (u) a Chairman, Vice-Chairman and three other members appointed by the Minister (all such members being h e r e i n a f t e r r e f e r r e d t o a s “ appointed members “) ; and (6) six other members (hereinafter r e f e r r e d t o a s “ n o m i n a t e d m e m b e r s “) n o m i n a t e d a s follows :-( i) (ii) (iii) (iv) two such members shall be officers nominated by the Minister in charge of the subject of Planning from among officers attached to or serving in any Department under his Ministry ; one such member shall be an officer nominated by the Minister in charge of the s u b j e c t o f P l a n t a t i o n I n d u s t r i e s f r o m a m o n g officers attached to or serving in any Department under his Ministry ; one such member shall be an officer nominated by the Minister in charge of the subject of Agriculture from among officers attached to or serving in any Department under his Ministry ; one such member shall be an officer nominated by the Minister in charge of the subject of Home Affairs from among officers attached to or serving in any Department under his Ministry ; (v) one such member shall be an officer nominated by the Minister in charge of the subject of Irrigation from among officers attached to or serving in any Department under his Ministry. (2) A person shall be disqualified from being appointed or from continuing as an appointed member of the Board if he is or becomes a Member of Parliament or if he is not or ceases to be a citizen of Sri Lanka. Xl/ 193.Cap. 2731 FREEDOA4 FROA4 HUNGER CAMPAIGN (3) Every appointed member o f t h e Board-( u) shall, unless he earlier vacates his office by death, resignation or removal, hold office for a period of three years from the date of his appointment ; and (b) shall be eligible for reappointment : Provided that a member appointed by the Minister to fill a vacancy in the office of a member of the Board shall hold office for the unexpired portion of the term of office of the member whom he succeeds. (4) Every nominated member shall, unless he earlier vacates office by death or removal, hold office during his tenure of office in the post which he held at the time of his appointment as member of the Board or for a period of three years, whichever is the lesser. (5) A member of the Board, other than a nominated member, may resign his office by letter addressed to the Minister. (6) Any member of the Board may be removed from office by the Minister without assigning any reason therefor, so however, that a member who was nominated by a Minister under subsection (I) (b) of section 5 shall not be so removed without the concurrence of the Minister who nominated such member. (7) The removal of any member of the Board under subsection (6) shall not be called in question in any court. (8) All or any of the members of the Board may be paid remuneration out of the funds of the Board at such rates as may be determined by the Minister. (9) Where any member of the Board becomes temporarily unable to perform the duties of his office by reason of illness or other infirmity or absence from Sri Lanka, the Minister may appoint a fit and proper person to act in his place. ( 10) Where the Chairman or Vice-Chairman of the Board becomes temporarily unable to perform the duties of his office by reason of illness or other infirmity or absence from Sri Lanka, the Minister may appoint a fit and proper person to act in place of such Chairman or Vice-Chairman, as the case may be. (1 1 ) W h e r e t h e C h a i r m a n o r Vice-Chairman vacates his office earlier, the Minister may appoint another person to hold office during the unexpired term of office of such Chairman or Vice-Chairman, as the case may be. (12) No act or proceeding of the Board shall be invalid by reason only of the existence o f a n y v a c a n c y among its members or any defect in the appointment or nomination of a member thereof. 6. (I) Meetings of the Board shall be Meetings of the held as often as the Chairman may deem Board. necessary. (2) The quorum for a meeting of the Board shall be five members, and, subject as aforesaid, the Board may regulate its own procedure in regard to the meetings of the Board and the transaction of business at such meetings. (3) The Chairman or in his absence the Vice-Chairman shall preside at all meetings of the Board. (4) The Board shall cause minutes of its meetings to be recorded. 7. The Minister may give such general Directions of or specific directions in writing as to the the Board. performance of the duties and the exercise of the powers of the Board and it shall be the duty of the Board to comply with such directions. 8. All officers and servants of the Board Officers and shall be deemed to be public servants within Yrvants Of Board deemed the meaning and for- the purposes of the to be public Penal Code. servants. 9. The Board shall be deemed to be a Board deemed scheduled institution within the meaning of to be a scheduled the Bribery Act, and the provisions of that institution Act shall accordingly apply to and in within the relation to the Board. meaning of the Bribery Act. XI/ 194.FREEDOM FROM HUNGER CAMPAIGN [Cap. 273 Appointment of officers and servants. Power5 of the Board in regard to the staff of the Board. PART II STAFF OF THE BOARD 10. (I) The Board may appoint to the staff of the Board such officers, servants and agents as it considers necessary for the efficient discharge of its functions. (2) Such officers, servants and agents 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 the Board. 11. (1) The Board may make rules for the following purposes :-(a ) t h e a p p o i n t m e n t , p r o m o t i o n , dismissal and disciplinary control of the staff of the Board ; the fixing of salaries remuneration of the staff or other (c) the terms and conditions of service of the staff; and (d) the administration of the affairs of the Board. (2) At the request of the Board, any public officer may, with the consent of that officer and the Secretary to the Ministry charged with the subject of Public Administration, be temporarily appointed to the staff of the Board for such period as may be determined by the Board or with like consent be permanently appointed to such staff. (3) Where any public officer is temporarily appointed to the staff of the Board, subsection (2) of section 9 of the Motor Transport Act, No. 48 of 1957,* shall mutatis mutandis apply to and in relation to such officer. (4) Where any public officer is permanently appointed to the staff of the Board, subsection (3) of section 9 of the Motor Transport Act, No. 48 of 1957,* shall mutatis rnutundis apply to and in relation to such officer. (5) Where the Board employs any person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service under the Board by that person shall be regarded as service under the Government for the purpose of discharging the obligations of such contract. (6) Where any person is temporarily appointed to the staff of the Board, he shall be subject to the same disciplinary control as any permanent member of such staff. PART III FINANCES OFTHF BOARD 12. (1) The Board shall have and F u n d s o f t h e maintain its own fund. Board. (2) There shall be paid into the fund of the Board-( u) a grant of two hundred thousand rupees out of the Consolidated Fund and such further grants as may, from time to time, be paid out of the Consolidated Fund, by resolution of Parliament ; (6) such moneys as are lying on the day immediately preceding the date on which this Law comes into operation, to the credit of the Ceylon National Freedom From Hunger Campaign Committee in the People’s Bank ; (c) such service charges as may accrue to the Board on all aid disbursed to Government and non-governmental projects ; (d) such moneys which will accrue from time to time to the Board under section 4 of this Law ; (e) such trust funds as may be made available to the Board in terms of section 20 of the Trusts Ordinance. (3) There shall be paid out of the fund of the Board-( u) all such sums of money required to defray the expenses of the Board, * Repealed by Law No. 19 of 1978. XI/ 195.Cap. 2731 FREEDOil FROA4 HUNGER CAA4PAIGN Financial year of the Board. Application of provisions of the Public Corporations (Financial Control) Act. Rules. No writ to issue against person or property of a member of the Board. Protection for action taken under this Law or on the direction of the Board. incurred in the exercise of its powers and the discharge of its functions under this Law ; (6) the initial expenses incurred in the establishment of the Board and the recruitment of the staff, purchase of equipment and such other expenses as are necessary or incidental to the establishment of the Board ; (c) all such moneys as may become payable from time to time in respect of projects approved by the Board. 13. The financial year of the Board shall be the period of twelve months commencing on the first day of January each year. 1 4 . T h e p r o v i s i o n s o f t h e P u b l i c Corporations (Financial Control) Act shall, mutatis mutandis, apply to the financial control of the Board. PART IV GE N E R A L 15. (1) The Board may make rules in respect of all or any of the matters for which rules are required or authorized to be made by this Law. (2) No rule made by the Board shall have effect until it is approved by the Minister and published in the Gazette. 16. No writ against person or property shall be issued against a member of the Board in any action brought against the Board. 17. No suit or prosecution shall lie against any officer, servant or agent of the Board for any act which in good faith is done or purported to be done by him under this Law or under the directions of the 1%. (I) the Board may appoint paneis, each such panel consisting of such persons as the Board may consider necessary for the purpose of advising and assisting the Board o n t h e g e n e r a l a d v a n c e m e n t o f a n y particular activity or activities connected with or incidental to the carrying out of the objects of the Board. (2) The Chairman of the Board shall appoint a member of the Board as convener of any such panel or panels and an officer of the Board nominated by the Chairman shall function as the Secretary of each such panel. (3) The Board shall have the power to revoke the appointment of any panel or any member of a panel appointed under this section without giving any reason therefor. 19. The Board shall be the successor to the Ceylon National Freedom from Hunger Campaign Committee, from the date on which this Law comes into operation, and all assets, liabilities, staff and equipment of the Ceylon National Freedom From Hunger C a m p a i g n C o m m i t t e e o n t h e d a y immediately preceding the date on which this Law comes into operation shall accordingly be deemed to be part of the assets, liabilities, staff and equipment of the Board. 20. In this Law, unless the context otherwise requires-“ Ceylon National Freedom From Hunger Campaign Committee ” means the C o m m i t t e e a p p o i n t e d i n September, 1962, by the Minister of Land, Irrigation and Power ; “ Minister ” means the Minister to whom the subject of Agriculture has been Appointment of panels. Board to succeed to assets, liabilities, &c., of the Ceylon National Freedom From Hunger Campaign Committee. Interpretation. Board. assigned by the President. XI/ 196