Sri Lanka: Emergency (Northern Province Re-Settlement and Rehabilitation Authority) Regulations, No. 1 of 1996

Date of entry into force: 1996

1. Citation

These regulations may be cited as the Emergency (Northern Province Re-settlement and Rehabilitation Authority) Regulations No. 1 of 1966.

2. Establishment of Northern Province Re-settlement and Rehabilitation Authority.

(1) There shall be established an authority to be called the Northern Province Re-settlement and Rehabilitation Authority (hereinafter in these regulations referred to as "the Authority").

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

3. Board to administer affairs of Authority.

(1) the administration of the affairs of the Authority shall be vested in a Board consisting of five Directors appointed by the President.

(2) The Board shall exercise and discharge the powers and functions of the Authority subject to such general and special directions as the President may issue to it from time to time. It shall be the duty of the Board to comply with every such direction.

(3) The President shall appoint one of the Directors of the Board as the Chairman of the Board.

4. Provisions of Act, No. 29 of 1987 to apply where necessary.

The provisions of the Schedule to the Rehabilitation of Persons, Properties and Industries Act, No. 29 of 1987 shall, mutatis mutandis, apply to the terms of office of the Directors of the Board, the remuneration payable to the Directors of the Board, meetings and the seal of the Board.

5. Functions of the Authority.

The functions of the Authority shall be -

(a) to assist in the re-settlement of displaced persons in the Northern Province;

(b) to assist in the rehabilitation of displaced persons in the Northern Province;

(c) to assist in the repair, reconstruction or rehabilitation of dwelling houses of displaced persons in the Northern Province;

(d) to assist in the recommencement of economic or commercial activities in the Northern Province, disrupted by armed conflict and the break-down of low and order;

(e) to assist in the repair, reconstruction or rehabilitation of places of religious worship and places of cultural or social activity in the Northern Province, damaged, destroyed or otherwise affected, by armed conflict and the break down of law and order;

(f) to assist in the restoration, rehabilitation or reconstruction of, public utilities and civic amenities in, and the socio-economic infrastructure of the Northern Province, disrupted or destroyed by armed conflict and the break down of law and order;

(g) to assist in the restoration, rehabilitation or reconstruction of public buildings in the Northern Province damaged, destroyed or otherwise affected by armed conflict and the break down of law and order;

(h) to assist in the recommencement of the functioning of public bodies in the Northern Province, the functioning of which have been affected by armed conflict and the break down of law and order;

(i) to assist relevant public bodies and social service organisations to do any other thing necessary for the restoration of normal civilian life in the Northern Province.

6. Powers of the Authority.

For the purpose of discharging its functions, the Authority may exercise all or any of the following powers:-

(a) to acquire in any manner and hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of, any movable or immovable property;

(b) to enter into and perform all such contracts as may be necessary for the discharge of its' functions;

(c) to accept gifts, grants, donations or subsidies, whether in cash or otherwise, and to apply them for the purpose of discharging its' functions;

(d) to request any public body to carry out any work which has been approved by the President on the recommendation of the Authority;

(e) to do all such other acts or things as are incidental or consequential to, the discharge of its' functions;

7. Staff of the Authority.

(1) The Authority may appoint such number of officers, agents and servants as it considers necessary for the discharge of its functions under these regulations.

(2) The Officers, servants and agents of the Authority 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 Authority.

(3) At he request of the Authority any officer in the public service may, with the consent of that officer and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Authority for such period as may be determined by the Authority with like consent or be permanently appointed to such staff with like consent.

(4) Where any officer in the Public service is temporarily appointed to the staff of the Authority, the provisions of subsection (2) of section 14 of the National Transport Commission Act, No. 37 of 1991, shall, mutatis mutandis, apply to and in relation to him

(5) Where any officer in the public service is permanently appointed to the staff of the Authority, the provisions of subsection (3) of section 14 of the National Transport Commission Act, No. 37 of 1991, shall, mutatis mutandis, apply to and in relation to him

(6) At the request of the Authority, any member of the armed forces, may with the consent of such member and the appointing authority of such member, be temporarily appointed to the staff of the Authority for such period as may be determined by the Authority with like consent or be permanently appointed to such staff, on such conditions, including those relating to pension and provident fund rights, as may be agreed upon by the Authority and the appointing authority of such member.

In this subsection, "armed forces" mean the Sri Lanka Army, the Sri Lanka Navy or the Sri Lanka Air force.

(7) Where the Authority employs any person who has agreed to serve the Government for a specified period, any period of service with the Authority by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such agreement.

8. Fund of the Authority.

(1) the Authority shall have its' Fund (hereinafter in these regulations referred to as "the Fund").

(2) There shall be credited to the Fund -

(a) all such sums as may be voted by Parliament for the use of the Authority; and

(b) all such sums as may be received by the Authority by way of donations, grants or assistance from any source whatsoever, whether in or outside Sri Lanka.

(3) These shall be paid out of the Fund, all such sums as may be required to defray any expenditure incurred by the Authority in the discharge of its' functions under these regulations and any such sum as may be required by these regulations to be paid out of the Fund.

(4) The Authority shall cause proper books of account to be kept of the income and expenditure, assets and liabilities and all other transactions, of the Authority.

(5) The provisions of Article 154 of the Constitution relating to the audit of the accounts of public corporations shall apply to the audit of the accounts of the Authority.

9. Application of Inland Revenue Act to the Authority.

(1) The Authority shall, for the purposes of paragraph (b) of Section 8 of the Inland Revenue Act, No. 28 of 1979, be deemed to be a Government Institution.

(2) A donation made in money or otherwise to the Authority shall be deemed, for the purposes of section 31 of the Inland Revenue Act, No. 28 of 1979, to be a donation made in money or otherwise to the Government of Sri Lanka.

10. Directors and officers deemed to be public servants.

All directors, officers and servants of the Authority shall be deemed to be public servants within the meaning of, and for the purposes of the Penal code.

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

The Authority shall be deemed to be a scheduled institution within the meaning of the Bribery Act, and the provision of that Act shall be construed accordingly.

12. Protection of action.

(1) No civil or criminal proceedings shall be instituted or maintained against the Chairman, Director or any officer or servant of the Authority in respect of any act bona fide done, or purported to be done, or omitted to be done, by him under these regulations.

(2) Any expenses incurred by such person as is referred to in paragraph (1) in any civil or criminal proceedings instituted against him in any court in respect of any act done or purported to be done or omitted to be done by him under these regulations, shall, if the court holds that such act was done or omitted to be done in good faith, be paid out of the Fund, unless such expense is recovered by him in such proceedings.

13. Delegation of powers.

(1) The Authority may delegate to the Chairman or any other Director or to any officer or servant thereof any of its powers and duties.

(2) The Chairman, Director or officer or servant to whom any of the powers or duties of the Authority has been delegated under paragraph (1) shall exercise and perform the powers and duties so delegated subject to the general or special directions of the Authority.

14. REPPIA not to function in Northern Province.

For so long as these regulations are in force, REPPIA established by the Rehabilitation of Persons, Properties and Industries Act, No. 29 of 1987 shall not exercise or discharge, in respect of the Northern Province, any power or function conferred on, or assigned to REPPIA by that Act.

15. Interpretation.

In these regulations, unless the context otherwise requires -

"Board" means the Board of Directors of the Authority;

"Chairman" means the Chairman of the Board appointed under regulation 3;

"Local Authority" means a Municipal Council, Urban Council or Pradeshiya Sabha;

"Public Corporation" means any corporation, board or other body established by or under any written law other than the Companies Act, No. 17 of 1982, with funds or capital provided wholly or partly by the Government by way of grand, loan or otherwise;

"Public Body" includes a government department, public corporation, local authority or Cooperative society registered under the Cooperative Societies Law, No. 5 of 1972.