ACT, No. 37 OF 2009

37of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
ROAD DEVELOPMENT AUTHORITY
(AMENDMENT) ACT, NO. 37 OF 2009
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[Certified on 23rd July, 2009]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of July 24, 2009
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Road Development Authority (Amendment) 1
Act, No. 37 of 2009
[Certified on 23rd July, 2009]
L. D. —O. 34/2007
ANACT TO AMEND THE ROAD DEVELOPMENTAUTHORITY ACT
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Road Development Short title
Authority (Amendment) Act, No. 37 of 2009.
2. Section 3 of the Road Development Authority Act, Amendment of
No. 73 of 1981 (hereinafter referred to as “the principal section 3 of Act,
No. 73 of 1981.
enactment”) is hereby amended as follows:—
(1) by the repeal of subsection (1) of that section and
substitution therefor of the following
subsection:—
“(1) The Authority shall consist of the
following members:—
(a) seven members (hereinafter referred to
as “appointed members”) who shall be
appointed by the Minister from among
persons who have wide experience and
have shown capacity, in the fields of
civil engineering, highway
engineering, commerce, finance, law or
administration; and
(b) nine other members (hereinafter referred
to as ex-officio members) who shall
be—
(i) a senior officer of the Ministry of
the Minister in charge of the
subject of highways, nominated by
such Minister;
2 Road Development Authority (Amendment)
Act, No. 37 of 2009
(ii) a senior officer of the Ministry of
the Minister in charge of the
subject of finance, nominated by
such Minister;
(iii) a senior officer of the Ministry of
the Minister in charge of the
subject of power, nominated by
such Minister;
(iv) a senior officer of the Ministry of
the Minister in charge of the
subject to transport, nominated by
such Minister;
(v) a senior officer of the Ministry of
the Minister in charge of the
subject of lands, nominated by such
Minister;
(vi) the General Manager of the
National Water Supply and
Drainage Board established under
the National Water Supply and
Drainage Board Act, No. 2 of 1974,
nominated by the Minister in
charge of that subject;
(vii) the Director-General of the Urban
Development Authority established
under the Urban Development
Authority Act, No. 41 of 1978,
nominated by the Minister in
charge of that subject;
(viii) the Chief Executive Officer of the
Central Environment Authority,
established under the National
Environment Act, No. 47 of 1980,
nominated by the Minister in
charge of that subject; and
Road Development Authority (Amendment) 3
Act, No. 37 of 2009
(ix) the Chief Executive Officer of the
Geological Survey and Mines
Bureau established under Mines
and Minerals Act, No. 33 of 1992,
nominated by the Minister in
charge of that subject.”.
(2) by the repeal of paragraph (b) of subsection (11) of
that section and the substitution therefor of the
following paragraph:—
“(b) if he is an ex-officio member the Minister who
nominated that member may nominate
another person to act in place of that member.”.
3. Section 7 of the principal enactment is hereby Amendment of
amended by the repeal of subsections (1) and (2) and the section 7 of the
principal
substitution therefor of the following subsections:—
enactment.
“(1) (a) There may be established a Road
Development Advisory Council (hereinafter
referred to as “the Council”) consisting of the
following members:—
(i) the person for the time being holding the
office of the Secretary to the Ministry of
the Minister in charge of the subject of
Highways, who shall be the Chairman of
the Council;
(ii) a senior officer of the Ministry of the
Minister in charge of the subject
Environment and Natural Resources,
nominated by such Minister;
(iii) a senior officer of the Ministry of the
Minister in charge of the subject of
Telecommunications, nominated by such
Minister;
4 Road Development Authority (Amendment)
Act, No. 37 of 2009
(iv) a senior officer of the Ministry of the
Minister in charge of the subject of Local
Government, nominated by such Minister;
(v) a senior officer of the Ministry of the
Minister in charge of the subject of State
Lands, nominated by such Minister;
(vi) a senior officer of the Ministry of the
Minister in charge of the subject of
Transport, nominated by such Minister;
(vii) a senior officer of the Ministry of the
Minister in charge of the subject of
Finance, nominated by such Minister;
(viii) the person for the time being holding the
office of Director-General of the
Authority, who shall act as Secretary to
the Council;
(ix) the person for the time being holding the
office of the Director-General of the Urban
Development Authority established by
the Urban Development Authority Act,
No. 41 of 1978 or his representative;
(x) the person for the time being holding the
office of the General Manager of the
Ceylon Electricity Board established by
the Ceylon Electricity Board Act, No. 17of
1969 or his representative;
(xi) the person for the time being holding the
office of the General Manager of the
National Water supply and Drainage
Board established by the National Water
Supply and Drainage Board Act, No. 2 of
1974 or his representative; and
Road Development Authority (Amendment) 5
Act, No. 37 of 2009
(xii) four other members appointed by the
Minister from among persons who appear
to have wide experience, and shown
capacity, in highway engineering,
management or administration, law, or
finance.
(b) A member appointed under this paragraph is
hereinafter in this section referred to as an “appointed
member of the Council”.
(2) The functions of the Council shall be—
(a) to advise the Minister on road policy,
road research, road planning and
strategy and road development; and
(b) to advise the Minister or the
Authority, as the case may be, on any
matter relating to the exercise,
performance or discharge of any
power, duty or function of the
authority, that may be referred to the
Council by the Minister or the
Authority, as the case may be.”.
4. Section 9 of the principal enactment is hereby Replacement of
repealed and the following section substituted therefor:— section 9 of the
principal
enactment.
“Powers, 9. (1) Subject to the provisions of
duties and subsection (2) the powers, duties and functions
functions of
of the Authority, within any development area,
the Authority.
shall be—
(a) to carry out integrated road planning
and development of roads within such
areas, subject to any directions that may
be given to the Authority by the
Minister from time to time;
6 Road Development Authority (Amendment)
Act, No. 37 of 2009
(b) to implement related programmes of
road development work, activities and
services in such areas that are consistent
with integrated road planning in such
areas, subject to any directions that may
be given to the Authority by the
Minister from time to time;
(c) to formulate and submit road
development plans including capital
investment plans to the Minister for
approval by the Government;
(d) to undertake the execution of road
maintenance and road development
projects and schemes as may be
approved by the Government;
(e) to enter into, perform and carry out,
whether directly or by way of public
private partnership or joint venture or
with any person in or outside Sri Lanka,
all such contracts or agreements as may
be necessary for the purpose of carrying
out any road development project or
scheme as may be approved by the
Government;
(f) to undertake the completion of any
approved road development project or
scheme in default by any person failing
to complete such project or scheme;
(g) to implement road development plans
and capital investment plans approved
by the Government;
(h) to formulate capital road improvement
programmes for such development area;
Road Development Authority (Amendment) 7
Act, No. 37 of 2009
(i) to acquire or purchase and hold any
movable or immovable property or
dispose of or give on lease any movable
or immovable property acquired or held
by it;
(j) to prepare at the request of any
Government agency, road development
projects and planning schemes on
behalf of such agency and to co-
ordinate with, or assist in, the execution
of such projects or schemes;
(k) to provide road planning services for
the benefit of Government agencies or
other persons within such development
areas;
(l) to charge fees for any services provided
by the Authority;
(m) to accept gifts, grants, donations or
subsidies whether in cash or otherwise
and to apply them for carrying out any
of the objects of the Authority;
(n) to establish a regulatory body in order
to formulate a regulatory framework for
the Road Sector that covers planning,
designing, construction, maintenance
and operational aspects;
(o) to charge fees or rentals from any utility
service provider for using a road
reservation, a public road reservation
or a national highway reservation and
to enter into agreements as may be
necessary for such purposes;
8 Road Development Authority (Amendment)
Act, No. 37 of 2009
(p) to charge fees from any person or
Institution for using a road reservation,
a public road reservation or a national
highway reservation for the display of
notices, banners, gantries or hoardings,
or for any other commercial purpose or
for erecting any structure for such
purposes and to enter into agreements
as may be necessary, for such purposes;
and
(q) to do all such acts or things as are
incidental to or consequential upon the
exercise, performance and discharge of
its powers, duties and functions under
this Act.
(2) When implementing any programme of
development work relating to road planning
and road development within any
development area, it shall be the duty of the
Authority in the exercise, performance and
discharge of its powers, duties and functions
under subsection (1) to implement such
programme or development work in
consultation with the appropriate Government
departments, public corporations, Provincial
Council or local authority, as the case may be.
(3) Any person or Institution to whom the
provisions to paragraph (p) of subsection (1)
applies shall obtain the prior approval of the
Authority, before commencing any activity
referred to in that paragraph.”.
Amendment of 5. Section 12 of the principal enactment is hereby
section 12 of the amended as follows:—
principal
enactment.
(1) by the substitution for the expression “General
Manager” of the expression “Director-General”
wherever the expression appears in that section;
Road Development Authority (Amendment) 9
Act, No. 37 of 2009
(2) in subsection (2) thereof, by the substitution for the
words “matters of policy, be charged with” of the
words “matters of policy and strategy, be charged
with”.
6. Section 15 of the principal enactment is hereby Replacement of
repealed and the following section substituted therefor:— section 15 of the
principal
enactment.
“Borrowing 15. (1) The Authority may, subject to the
powers of the provisions of subsection (2) and with the written
Authority.
consent of the Minister, borrow or raise such
sums as the Authority may require for meeting
its obligations in the discharge of its duties
under this Act:—
(a) by way of temporary overdraft or
otherwise; or
(b) by the issue of debentures and bonds,
or seller’s credit.
(2) The aggregate of the amounts
outstanding in respect of any loan or fund
raised by the Authority under subsection (1),
shall not at any time exceed such sum as may
be determined by the Minister in consultation
with the Minister in charge of the subject of
Finance.”.
7. In the event of any inconsistency between the Sinhala Sinhala text to
and Tamil texts of this Act, the Sinhala text shall prevail. prevail in case of
inconsistency.

10 Road Development Authority (Amendment)
Act, No. 37 of 2009
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