Colombo District (low-lying areas) Reclamation and Development Board Act

Cap. 606] COLOMBO DISTRICT (LO W-LYING AREAS) RECLAMA TION AND DEVELOPMENT BOARD CHAPTER 606 COLOMBO DISTRICT (LOW-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD* RECLAMATION AND DEVELOPMENT OF SUCH AREAS AS MAY THE ESTABLISHMENT OF A BOARD TO BE KNOWN AS THE.4el No. 15 of 1968, Law No. 27 of 1976. AN ACT TO PROVIDE FOR COLOMBO DISTRICT BOARD FOR THE (LoW-LYING AREAS) RECLAMATION AND DEVELOPMENT BE DECLARED BY ORDER OF THE MINISTER SO THAT SlJ C H AREAS MAY BE RENDERED SUITABLE FOR BUILDING PURPOSES, AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. [22nd Sep temher, /968.] Short title. Declaration of Reclamation and Development Areas by Order of the Minister and effect of such declaration . I . This Act may be cited as the Colombo District (Low-lying Areas) Reclamation and Development Board Act.* PART I POWER OF MINISTER TO DECLARE RfCL.AMATIOi\ AND DEVELOPMENT AREAS 2. (I) Where the Minister is satisfied that any area of land situated within the jurisdiction of any local authority specified in the First Schedule to this Act is a low­ lying, marshy, waste or swampy area, he shall after consultation with the Minister of Local Government and the local authority or authorities within which such area of land is situated, by Order published in the Gazette, declare such area to be a Reclamation and Development Area for the purposes of this Act. (2) An Order declaring a Reclamation and Development Area under subsection (1) shall define the area by setting out the metes and bounds of the land or lands comprised in the Area. (3) ' Upon the publication of an Order declaring a Reclamation and Development Area under subsection (1) it shall be the duty of the Board hereinafter established by this Act to reclaim and develop that Area and render it suitable for building purposes. (4) Parliament may by resolution revoke any Order made by the Minister under this section within fifty days of the publication of such Order in the Gazette, and in the computation of such period of fifty days no account shall be taken of any period during which Parliament is prorogued . Such revocation shall be without prejudice to anything previously done thereunder. VESTING AND ACQUISITIO~ OF LAND 3. (1) Any land or lands which Vest ingin the comprises or comprise a Reclamation and Boards o f land s which arc Development Area declared by an Order situated within under section 2 and which is or are vested in the jurisdiction the local authority within the jurisdiction of of local . .. authorities and which such land or lands IS or are Situated which comprise shall, from the date on which that Order is Reclamation made, without any formal. transfer thereof and . Devel opm ent vest absolutely III the Board free from all Areas. encumbrances. (2) No com pen sat ion , e x c e pta s [§ 2. l .aw 27 of provided in section 4B, shall be payable by 1976.J the Board in respect of any land which vests in the Board by reason of the operation of the provisions of subsection (1) and section 3A. 3A. (1) Notwithstanding anything in V esting o f the State LandsOrdinance or in any other State land in .' the Board. written law, where the Minister certifies that [§ 3. Law 27 of any State land which is low-lying, marshy, 1976.1 waste or swampy and falls within any * The short title of this Act has been subsequently altered to" Sri Lanka Land Reclamation and Development Corporalion Act" by Act No. 52 of 1982. See Volume I of the 1985 Supplement to the Revised Edition. XIX! 278 \ .'.... " ... COLOMBO DISTRICT (LOW-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD [Cap. 606 SALE OF LAND BY THE BOARD PART II 48. Where any land vested in the Board The Board under section 3 or section 3A, is sold, the shall pay to the local authority Board shall pay to the local authority or or the Land the Land Commissioner, as the case may be, Commissioner the unreclaimed value of such land as the reclaimed value of land determined by the Minister in consultation vested. with the Minister in charge of the subject of [§ 4 . Law 27 of Finance. 1976.] 4A. Notwithstanding anything in the Right to scll State Lands Ordinance or in any other land vested in or acquired b) written law, the Board may, with the the Board. approval of the Minister given after [§ 4, Law 27 of consultation with the Minister in charge of 1976.J the subject of Housing, the Minister in charge of the subject of Industries and the Minister in charge of the .su bject of Local Government, sell for any housing, commercial, industrial or agricultural purpose, any land vested in or acquired by the Board, under section 3 or section 3A or section 4. Establishment of the Colombo District ( L o w­ lying Areas) Reclamation and Development Board. 5. (I) A Board to be called the Colombo District (Low-lying Areas ) Reclamation and Development Board is hereby established. ESTABLISHMENT OF THE COl.OMBO DISTRICT (LOW-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD (2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued in the name assigned to it by subsection (1). of this Act, the market value of that land for the purposes of determining the amount of compensation to be paid in respect of that land shall , notwithstanding anything to the contrary in that Act, be deemed to be the market value which that land would have had at the date of commencement of this Act if it then was in the same condition as it is at the time of acquisition. PAR T IA Reclamation and Development Area declared by an Order under section 2, is required to be made available to the Board for the purpose of any reclamation and development project, the Minister may, with the concurrence of the Minister in charge of the subject of State Lands by Order (hereafter in this Act referred to as a .. vesting Order ") published in the Gazette, vest such land in the Board, with effect from such date as shall be specified in the Order. (2) In any case where any land referred to in subsection (1) is to be acquired under the Land Acquisition Act and public notice of the intention to acquire that land is published as required by that Act at any time within the period of five years reckoned from the date of commencement (2) A vesting Order shall have the effect of giving the Board absolute title to any land specified in the Order with effect from the date specified therein and free from all encumbrances. (4) Where any State land is to be vested in the Board, the Chairman of the Board may, if there is no plan of that land made by the Surveyor-General' s Department, cause a survey and plan of that land to be made by a licensed surveyor approved by the Surveyor-General. (3) The vesting of any State land in the Board shall not be deemed to convey any right to any mineral, mineral product or mineral oil in, upon or under that land and any such mineral, mineral product or mineral oil shall, notwithstanding any such vesting, be deemed to remain and shall remain the absolute property of the Republic. 4 . ( l) Where any Reclamation and Development Area declared by an Order under section 2 comprises any land which is not vested in a local authority within the jurisdiction of which such land is situated, such land may be acquired under the Land Acquisition Act by the Government for the Board, and the provisions of that Act shall, save as otherwise provided in subsection (2), apply for the purpose of the acquisition of that land. Compulsory acquisition 01 any land wh ich comprises a Reclamation and Development Area and which is not vested in the local authority within the jurisdiction of which that land is situated. XIX! 279 Cap. 606] COLOMBO DISTRICT (LOW-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD Members of the Board. 6. (I) The Board shall consist of the following member of the Board earlier, hold such office during the unexpired part of such term. (a) three ex officio members, namely, (i) the Director of Irrigation, (ii) the Director of Town and Country Planning, and (iii) the Commissioner for National Housing ; and (5) A member of the Board other than an ex officio member may resign the office of such member by letter addressed to the Minister. (6) The Minister may , without assigning any reason, remove from office a member of the Board other than an ex officio member. (h) four other members appointed by the Minister, one of whom at least shall be a qualified Civil Engineer. (7) A member of the Board other than an ex officio member shall be deemed to have vacated office (2) A person shall be disqualified for appointment by the Minister as a member of the Board or for continuing as a member so appointed (u) on sending his resignation In writing to the Minister ; or (b) on his removal from office by the Minister ; or (t) if he is a Member of Parliament, or (c) on the expiry of his term of. office. (iii) if he has any such fmancial or other (3) If a member of the Board other than an ex officio member is temporarily unable to function as such member, the Minister may appoint any person to act as a member of the Board. Provided that a person who is appointed as a member of the Board in place of a member who has vacated office before the end of his term of office shall, unless the member so appointed vacates the office of (4) Every member of the Board other than an ex officio member shall, unless he vacates the office of member of the Board earlier, hold such office for a period of three years commencing on the date of his appointment : (2) If the Chairman of the Board is temporarily unable to function as such Chairman, the Minister may appoint any member of the Board, other than an ex officio member, to act as the Chairman of the Board. Provided that a person appointed to act as the Chairman of the Board during the absence of the Chairman of the Board who 7. (I) The Minister shall appoint as the Chairman of Chairman of the Board one of the members the Board . of the Board other than an ex officio member. (8) All or any of the members of the Board may be paid such remuneration as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance. (3) The Chairman of the Board shall, unless he vacates the office of Chairman earlier, hold such office during the term for which he is a member of the Board : (9) 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 thereof. likely to affect discharge by him a member of the interest as is prejudicially the of his duties as Board. (ii) if he, directly or indirectly, has 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, or XIX/2~W COLOMBO DISTRICT (LOW-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD [Cap. 606 is temporarily unable to function as such Chairman shall, unless he vacates the office of Chairman earlier, hold such office during such absence. (d) to cause the construction of works for the provision of public services in such Areas including (4) The Chairman of the Board may resign the office of Chairman by letter addressed to the Minister. (i) surface water drainage, sewerage and disposal of sewage, (e) to enter into and perform all such contracts as may be necessary for carrying out the objects, and for the exercise of the powers, of the Board; (g) to do all other things which in the opinion of the Board are necessary to facilitate the proper carrying out of its objects. Provided that the aggregate of the amounts outstanding in respect of any loans raised by the Board under this section shall not at any time exceed such sum as J11aY be determined by the Minister in consultation with the Minister in charge of the subject of Finance . 10. The Board J11ay, with the consent of Borrowing the Minister, or in accordance with the Powers of f ral thori . b him the Board.terms 0 any gene au onty given y , borrow by way of overdraft or otherwise, such sums as the Board may require for meeting its obligations : in respect of the of the affairs of the to make rules administration Board; (iii) water supply ; (ii) lighting, and (j) (h) to have the custody, management and control, pending such reclamation and development, of lands comprising such Area which are under the provisions of this Act vested in the Board (a) to reclaim and develop every Reclamation and Development Area declared by Order under section 2 and to render such area suitable for any building, industrial, commercial or agricultural purpose ; and 9. The Board J11aY exercise all or any of the following powers : 8. The objects of the Board shall be (6) The Chairman of the Board shall be deemed to vacate the office of Chairman if he resigns such office or if his appointment as such Chairman is terminated by the Minister or if he ceases to be a member of the Board. (5) The Minister may, without assigning any reason, terminate the appointment of any member of the Board as the Chairman of the Board. General powers of the Board. Objects of the Board . [ยง 5, Law 27 of 1976.] (u) (h) to acquire, hold or take on lease any property, or mortgage, pledge, sell or otherwise dispose of any property ; to undertake the preparation and execution of development schemes in the Reclamation and Development Areas declared under section 2 ; 11. (1) The initial capital of the Board shall be (a) one million rupees consisting of grants or loans given or made available by the Government on such terms and conditions as may be determined by the Minister in charge of the subject of Finance ; "and Capital of the Board . [ยง 6, Law 27 of 1976.1 (c) to cause the construction of roads in such Areas ; (b) the value of such property as may be transferred to the Board by any Government department or XIX! 281 Cap. 606] COLOMBO DISTRICT (LO W-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD Seal of the Board. Procedure at meeting5 of the Board. Appointment of officers and servants. corporation by an order, or with the consent of the Minister In charge of that department or corporation. (2) The amount of the initial capital of the Board shall be paid or made available to the Board in such instalments as the Minister in charge of the subject of Finance may in consultation with the Minister determine. (3) The capital of the Board may be increased, from time to time, by the value of any property transferred to the Board as provided by paragraph (6) of subsection (1) and by such amounts as may be authorized by any Appropriation Act or by resolution of Parliament, and such amounts shall be paid or made available to the Board by the Government by way of grant or loan on such terms and conditions as may be determined by the Minister in charge of the subject of Finance. 12. (1) The 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 shall not be affixed to any instrument or document except in the presence of the Chairman, or some other member, of the Board and the chief executive officer of the Board, both of whom shall sign the instrument or document in token of their presence. 13. (1) Subject to the provisions of subsection (2), the members of the Board may regulate the procedure to be followed at meetings of the Board. (2) The quorum for any meeting of the Board shall be five. PART III STAFF OF THE BOARD 14. (1) The Board may appoint such officers and servants as it considers necessary for the efficient discharge of its functions. (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 the Board. (3) At the request of the Board, any officer of the public service may, with the consent of that officer and of the Secretary to the Treasury, be temporarily appointed to the staff of the Board for such period as may be determined by the Board with like consent or be permanently appointed to such staff. The provisions of subsections (2) and (3) of section 26 of the Government­ Sponsored Corporations Act shall, mutatis mutandis, apply in relation to any officer in the public service who is temporarily or permanently appointed to the staff of the Board. (4) 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 to the Board by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract. PART IV FINANCE AND ACCOUNTS 15. The Board shall have its own fund. Fund of All moneys received by the Board, including the Board . such sums as may be paid to the Board out of the Consolidated Fund, shall be credited to the fund, and all payments made by the Board shall be made therefrom. 16. The Board shall cause its accounts Accounts of to be kept in such form and in such manner the Board . as the Minister may direct. 17. (1) The accounts of the Board shall be audited annually by an auditor Aud it. (hereinafter referred to as .. the auditor ") appointed by the Minister on the advice of the Auditor-General. The auditor shall be paid by the Board such remuneration as the Minister may, with the concurrence of the Minister in charge of the subject of Finance, determine. XIX/282 COLOMBO DISTRICT (LOW-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD [Cap. 606 ( 2) The Auditor-General shall have power (a) to direct the manner in which the accounts of the Board shall be audited by the auditor and to give the auditor instructions in regard to any matter relating to the performance of his functions as the auditor; and (h) to conduct a supplementary or test audit of the accounts of the Board by such person or persons as the Auditor-General may authorize in that behalf, and for the purposes of such audit to require any person to furnish information or additional information to the person or persons so authorized , on such matters, and in such form, as the Auditor-General may, by general or special order, direct. (3) The auditor shall examine the accounts of the Board and ascertain the correctness of the balance sheet and furnish a report to the Auditor-General stating (u) whether he has or has not obtained all the information and explanations required by him ; and (b) whether in his opinion the balance sheet and the accounts referred to in the report are properly drawn up so as to exhibit a true and fair view of the affairs of the Board. (4) The Auditor shall submit a copy of his report to the Auditor-General who shall have the right to comment upon , or supplement, the auditor's report in such a manner as the Auditor-General may think fit. (5) The Auditor-General shall transmit the auditor's report together with his comments upon, or his supplement to, such report to the Board. (6) For the purposes of this section the expression " auditor " means (a) an individual who, being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute ; or (h) a firm of Accountants each of the resident partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute. 18. (1) The Board shall, on receipt of the auditor's report in respect of any year, transmit to the Minister within nine months of the expiry of that year (a) a copy of such report together with the Auditor-General's comments (if any) upon, and his supplement (if any) to, such report ; (b) a copy of the revenue and expenditure account (c) a copy of the balance sheet ; and (d) a report by such Board on its work for the period for which the revenue and expenditure account and the balance sheet have been made up. (2) The Minister shall lay copies of the documents t ran s mit ted to him un d e r subsection (1) before Parliament within two months of the receipt of such documents by the Minister. PART V MISCELLANEOUS 19. Where any land (other than land referred to in section 4) or any interest in such land is required by the Board for any of its purposes, such land or interest may be acquired under the Land Acquisition Act by the Government for the Board, and the provisions of that Act shall apply for the purposes of the acquisition of that land or interest. Documen ts to be transmitted to the Minister and to be placed before Parliam ent. Compulsory acquisi tion of any land other than land referred to in sect ion 4 or any interest in such land for any purpose of the Board. XIX! 283 Cap. 6061 COLOMBO DISTRICT (LOW-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD Special grant or lease of State property to the Board. Minister 's directions to the Board . Power to enter land or premises. Power of Minister to modify certain written laws. 20. Where any immovable property of the State is required for any purpose of the Board, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the State Lands Ordinance an d accordingly the provisions of that Ordinance shall apply to a grant or lease of such property to the Board. 21. In the exercise of its duties and powers under this Act 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. 22. ( 1) Any officer or servant of the Board who is generally or specially authorized in that behalf by the Board may at all reasonable times enter upon any land or premises and there do such acts as may be reasonably necessary for the purpose of carrying out any work of the Board or of making any survey, examination or investigation, preliminary or incidental to the exercise of any power, or the discharge of any function, of the Board. (2) Any person who without lawful excuse obstructs any officer of the Board while acting in pursuance of subsection (l) shall be guilty of an offence and shall, on conviction after summary trial before a Magistrate, be liable to imprisonment of either description for a term not exceeding six months or to a fine not exceeding one thousand rupees or to both such imprisonment and fine. 23. For the purpose of enabling the Board to exercise, perform or discharge, within any Reclamation and Development Area declared by Order under section 2, any power, duty or function under any of the enactments referred to in the Second Schedule to this Act, the Minister may, by Order published in the Gazette, declare that any such enactment shall, in its application within that Area, have effect subject to such modifications as may be specified in the Order. 24 . The provisions of this Act or any Effect of regulation or Order made under this Act other laws. shall have effect notwithstanding anything in any other written law. 25. The Minister may, by Order Amendment of published in the Gazette, amend any Schedules. Schedule to this Act. 26. Parliament may by resolution Revocationby revoke any Order made by the Minister Parliament of Orders under under section 23 or section 25 of this Act section 23 and within fifty days of the publication of section 25. such Order in the Gazette, and in the computation of such period of fifty days no account shall be taken of any period during which Parliament is prorogued . Such revocation shall be without prejudice to anything previously done thereunder. 27 . (1) The Minister may make Re q u l a t l o n s . regulations to give effect to the principles and provisions of this Act. (2) No regulation made by the Minister shall have effect until it is approved by Parliament and notification of such approval is published in the Gazette. 28. In this Act unless the context Interpretation. otherwise requires , II Board " means the Colombo District (Low-lying Areas) Reclamation and Development Board established by this Act. [Section 2.) FIRST SCHEDULE The Colombo Municipal Council. The Dehiwela-Mount Lavinia Municipal Council. The Kolle Urban Council. The Kolonnawa Urban Council. XIX/284 [Section 2J.) COLOMBO DISTRICT (LO W-LYING AREAS) RECLAMATION AND DEVELOPMENT BOARD The Peliyagoda Urban Council. The Wattala-Mabole Urban Council. The Moratuwa Urban Council. The Piliyandala Town Council. The Maharagama Town Council. The Hendala Town Council. The Dalugama Town Council. The Kelaniya Town Council. The Battaramulla-Talangama Town Council. The Mulleriyawa Town Council. The Kotikawatte Town Council. The Ambatalen Pahala Village Council. The Kotte-Galkissa Village Council. The Mampe-Kesbewa Village Council. SECOND SCHEDULE The Municipal Councils Ordinance. The Urban Councils Ordinance . The Town Councils Ordinance. The Village Councils Ordinance. The Town and Country Planning Ordinance . The Housing and Town Improvement Ordinance . The National Housing Act. XIX/285 [Cap. 606