Anuradhapura Preservation Board

(1) With effect from such date as the Minister may appoint by notification published in the Gazette (hereafter in this Act referred to as the ” appointed date “), there shall be established a Board which shall be called the Anuradhapura Preservation Board.

(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 by its name sue and be sued.

(1) The Board shall consist of-

(2) The Minister shall appoint one of the members of the Board to be the Chairman of the Board.

(3) A person shall be disqualified for appointment, or for continuing, as a member of the Board-

(4) Where the Chairman, or an appointed member, of the Board is, by reason of illness or other infirmity or absence from Ceylon, temporarily unable to perform the duties of his office, then, if such Chairman or member is not the member who is an officer of the General Treasury, the Minister may appoint any person to act in his place and, if such Chairman or member is the member who is an officer of the General Treasury, the Minister may appoint any other officer of the General Treasury to act in his place.

(5) Every member of the Board shall, unless he earlier vacates office by death, resignation or removal, hold office for a period of five years. Any member of the Board who vacates office by effluxion of time shall be eligible for reappointment.

(6) A member who is not a public officer may resign from the office of member by letter addressed by him to the Minister.

(7) 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 of a member thereof.

(8) Any appointed member of the Board may be removed from office by the Minister without assigning any reason and the removal of any member from office by the Minister shall not be called in question in any court.

(9) A member of the Board who is, directly or indirectly, interested in a contract proposed to be made by the Board shall disclose the nature of his interest at a meeting of the Board. The disclosure shall be recorded in the minutes of such meeting and such member shall not take part in any deliberation or decision of such Board with respect to such contract.

(10) All or any of the members of the Board may be paid such remuneration out of the funds of the Board, in such manner and at such rates, as may be determined by the Minister.

(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 may be altered in such manner as may be determined by the Board.

(3) 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 General Manager of the Board, both of whom shall sign the instrument or document in token of their presence.

(1) The Board may appoint such officers and servants as it considers necessary for the efficient discharge of its functions:

Provided that a person who is not a citizen of Ceylon, according to the law for the time being in force relating to citizenship of Ceylon, shall not be appointed an officer or servant of the Board without the prior sanction of the Minister.

(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 rules made under section 23.

(3) No person who has directly or indirectly, by himself or his partner or agent, any share or interest, except as a shareholder (other than a director), in an incorporated company, in any contract made by or on behalf of the Board shall become or remain an officer or servant of the Board.

(1) The Board may, subject to the other provisions of this Act, discharge all or any of its functions and exercise all or any of its powers within the area (in this Act referred to as the ” Area of Authority “) consisting of-

(2) No Order made by the Minister under sub section (1) shall have effect until it has been approved by the Senate and the House of Representatives and published in the Gazette.

(3) Nothing in subsection (1) shall be deemed to preclude the Board from maintaining any office or stores outside the Area of Authority.

(4) The Minister may, by Order published in the Gazette, direct that the Board shall cease to discharge or exercise all or any of its functions or powers within the whole or any part of the Area of Authority; and every such Order shall be complied with by the Board.

(1) The Minister shall, by notification published in the Gazette, divide the Area of Authority into-

The limits of each such area shall be specified in the notification.

(2) If any local authority within the Area of Authority is likely to be affected by the division of that area into the Controlled Area and the Outer Area, the Minister shall, in making such division, consult the Minister to whom the subject or function of local government has been assigned by the Prime Minister.

(a) the preservation and maintenance of places of religious, historical, or archaeological value;

(b) the preservation and maintenance of ancient monuments;

(c) the restoration and preservation of ancient shrines;

(d) the provision of essential facilities to pilgrims and other visitors;

(e) the development of the new town of Anuradhapura and other areas so as to facilitate the preservation of places of religious, historical, or archaeological value;

(f) the provision of housing accommodation for the poorer classes;

(g) the provision of all civic amenities;

(h) the promotion of public health;

(i) the promotion of the study of religion and culture;

(j) to undertake or promote any scheme necessary for, or connected with, the preservation of places of religious, historical, or archaeological value;

(k) to establish and maintain, within the Controlled Area, any public utility service for the benefit of people inhabiting, or resorting to, such area;

(l) to undertake or promote any scheme for the comfort, convenience, or welfare, of people within the Area of Authority;

(m) to promote and operate within the Area of Authority schemes of-

(n) to construct and maintain roads, streets, bridges or other thoroughfares within the Area of Authority;

(o) to promote and control irrigation and fisheries within the Area of Authority;

(p) to promote afforestation within the Area of Authority;

(q) to control soil erosion within the Area of Authority; and

(r) to prevent and control plant and animal diseases within the Area of Authority.

(1) The Board may construct and maintain any roads.

(2) The Board may construct waterworks for the supply of water for industrial or domestic purposes, or may supply water to any Government department, local authority or any other person.

(3) The Board may determine and levy rates or fees for the supply of water whether in bulk or by retail, and such rates or fees may be levied from any consumer of water supplied by the Board whether such consumer is a Government department, a local authority or any other person.

(1) Save as otherwise prescribed, no person shall, on or after the appointed data, undertake or cause to be undertaken, within the Area of Authority, the excavation, conservation or restoration of, or alteration to, any place, monument or shrine of religious, historical or archaeological value, without the prior sanction of the Board or otherwise than in accordance with such conditions as may be imposed by by-laws or directions made or issued by the Board.

(2) Save as otherwise prescribed, no person shall, on or after the appointed date, construct in the Controlled Area any roads, irrigation works or waterworks, without the prior sanction of the Board or otherwise than in accordance with such conditions as may be imposed by by-laws or directions made or issued by the Board.

(1) In the Area of Authority the Board shall, notwithstanding the provisions of Part XI of the Crown Lands Ordinance, be the sole authority responsible for and charged with the administration of that Ordinance, and accordingly, every reference in any provision of that Ordinance, to the Land Commissioner or any other officer of Government entrusted with any duties in respect of Crown lands shall, for the purposes of the application of that Ordinance in the Area of Authority, be deemed to be a reference to the Board or to any such officer of the Board as may be authorized by the Board for the purpose of that provision.

(2) The Board shall, notwithstanding anything in any other written law, be the sole authority for making recommendations to the Minister in regard to the exercise of such powers of the Governor-General in the Area of Authority as are conferred by the Crown Lands Ordinance, or by any other written law relating to Crown lands.

(3) The Board may use any Crown land in the Area of Authority for any of its purposes or reserve any such land for future use.

(4) Every lease of any Crown land, whether with or without buildings, within the Area of Authority granted prior to the appointed date and subsisting on that date shall be deemed to be a lease granted by the Board and may be enforced or acted upon as fully and effectually as if the Board had been a party to such lease.

(5) Where under any written law or agreement it is necessary to grant any Crown land within the Area of Authority on lease to any person, such land shall be granted on lease to such person by the Board.

(1) Where any land or any interest in any land in the Area of Authority is required by the Board for any of its purposes, that land or interest 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 or interest.

(2) In any case where any land or any interest in any land is to be acquired under the Land Acquisition Act for any purpose of the Board and public notice of the intention to acquire that land or interest is published as required by that Act at any time within the period of five years commencing from the appointed date, the following provisions shall apply for the purpose of determining the amount of compensation to be paid in respect of that land or interest, notwithstanding anything to the contrary in that Act: –

(1) The Board may, by notice published and displayed in accordance with the provisions of sub-section (2), require every person who claims any right, title or interest to or in any land situated in such part of the Area of Authority as is described in the notice to prefer his claims in writing to the Board within such time as may be specified in the notice.

(2) The notice referred to in subsection (1) shall be published in the Gazette and in at least one newspaper in the Sinhala language, one newspaper in the Tamil language, and one newspaper in the English language, and shall be displayed, in accordance with direction of the Board, at conspicuous places in such part of the Area of Authority as is described in the notice.

(3) Where the Board requires for any of its purposes any land situated in such part of the Area of Authority as is described in a notice published and displayed under the preceding provisions of this section and where no claims of any right, title or interest to or in that land has been made to the Board as required by that notice or all the claims made in respect of that land are, after due investigation, considered by the Board to be invalid, the Board may take possession of that land and cause any work to be done thereon, notwithstanding that no proceedings under the Land Acquisition Act have been taken in respect of that land.

(4) Any person authorized in writing in that behalf by the Board may, for and on behalf of the Board, take possession of any land referred to in subsection (3).

(5) Where any person who is authorized in writing by the Board to take possession of any land referred to in subsection (3) is unable to take possession of that land because of any obstruction or resistance which has been offered, he shall, on his making an application in that behalf to the Magistrate’s Court having jurisdiction where that land is situated, be entitled to an order of that court directing the Fiscal to deliver possession of that land to him for and on behalf of the Board.

(6) Where an order under subsection (5) is issued to the Fiscal by a Magistrate’s Court, he shall forthwith execute that order and in writing report to that court the manner in which that order is executed.

(7) For the purpose of executing an order issued by a Magistrate’s Court under subsection (5), the Fiscal or any person acting under his direction may use such force as may be necessary to enter the land to which that order relates and to eject any person offering obstruction or resistance and to deliver possession of such land for and on behalf of the Board.

(8) No person shall offer any obstruction or resistance to any person who is acting in pursuance of subsection (4).

(1) Any land of which possession is taken by the Board under section 16 shall, with effect from the date of commencement of such possession, vest absolutely in the Board free from all encumbrances.

(2) No person claiming any right, title or interest to or in any land of which possession has been taken by the Board under section 16 shall, save as provided in subsection (3), be entitled to institute any suit or other legal proceeding against the Board in respect of that land, or of the taking of possession thereof by the Board or of the doing of any work thereon by or under the authority of the Board.

(3) Any person who would but for the provisions of subsection (1) have any right, title or interest to or in any land of which possession has been taken by the Board under section 16 may institute in a court of competent jurisdiction an action against the Board for a declaration of such right, title or interest and for obtaining compensation from the Board in respect of that land.

(4) The amount of compensation which is to be awarded to any person in an action under subsection (3) shall, save as otherwise provided in subsection (5), be determined on the basis on which compensation would be determined under the Land Acquisition Act if the land in respect of which compensation is to be awarded was acquired under that Act.

(5) Where compensation is to be awarded to any person in an action under subsection (3) in respect of a land of which possession has been taken by the Board at any time within the period of five years commencing on the appointed date, the provisions of paragraph (b) of subsection (2) of section 15 shall apply for the purpose of determining the amount of such compensation.

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

(b) to cause the construction of such dams, barrages, tanks, reservoirs, power-houses, power structures, electrical transmission lines, sub-stations, drainage canals, and such other works and structures, as may be required;

(c) to stock its reservoirs and water-courses with fish;

(d) to construct, maintain and operate irrigation works;

(e) to receive and accept donations and contributions for the restoration and maintenance of any ancient monument or place of religious value or for any other work which the Board is empowered to undertake under this Act;

(f) to undertake the resettlement of the population displaced by its operations;

(g) to execute such other works, and carry out such other operations, as may be necessary for the purpose of discharging its functions under this Act;

(h) to do anything for the purpose of advancing the skill of persons employed by the Board or the efficiency of the equipment of the Board or the manner in which that equipment is operated including the provision by the Board and assistance of the provision by others of facilities for training persons required to carry out the work of the Board;

(i) to establish a provident fund, and provide welfare and recreational facilities, houses, hostels and other like accommodation for persons employed by the Board;

(j) to construct, manufacture, purchase, maintain and repair anything required for the purpose of the business of the Board;

(k) to delegate to any officer of the Board any such function of the Board as the Board may consider necessary so to delegate for the efficient discharge of its functions;

(l) to enter into and perform, either directly or through authorized agents, all such contracts as may be necessary for the performance of the duties and the exercise of the powers of the Board;

(m) to make rules in relation to its officers and servants, including their appointment, promotion, remuneration, dismissal, disciplinary control, conduct and the grant of leave to them;

(n) to make rules in respect of the administration of the affairs of the Board;

(o) to excavate any place of religious, historical or archaeological value;

(p) to preserve and maintain ancient monuments and places of religious, historical or archaeological value;

(q) to do all other things which, in the opinion of the Board, are necessary to facilitate the proper discharge of its functions.

(1) The Board may, subject to such limitations, qualifications, and conditions as may be prescribed, and subject to the approval of the Minister, impose and levy rates on the annual value of any immovable property or any species of immovable property situated within the Controlled Area.

(2) The Board may under this section impose different rates for different areas or parts of the Controlled Area according to the services provided by the Board for each such area or part.

(3) Where the Board, in imposing any rates for any year, resolves to levy without alteration the same rate as was in force during the preceding year, the approval of the Minister shall not be required for the imposition and levy of such rates.

(a) all lands or buildings wholly or mainly used for religious, educational, or charitable purposes;

(b) all buildings in charge of military sentries;

(c) all burial and cremation grounds;

(d) any immovable property which the Board may specially exempt from such rate on the ground of the poverty of the owner;

(e) in the case of any defined portion of a rate, declared by resolution of the Board to be levied for the purposes of any special public service, any immovable property situated within any area which is not benefited by such service, or within which other provision is made for the said or a like service to the satisfaction of the Board.

(1) It shall be lawful for the Board, subject to the approval of the Minister, to borrow from the Government or any person or persons such sum or sums of money as may be necessary for any of the purposes of the Board.

(2) Every loan raised by the Board shall be subject to such rate or rates of interest and to such conditions for the repayment thereof as may be approved by the Minister.

(3) For the purpose of securing the repayment of the sum or sums borrowed by the Board and interest accruing thereon, the Board may mortgage and assign to the lender or lenders by or on whose behalf such sum or sums or any part thereof may be lent, the proceeds of rates or taxes levied or imposed under this Act or any portion thereof, or any property belonging to the Board or any other source of income accruing to the Board excluding the money specially voted by the Government under the Anuradhapura Preservation Scheme.

(4) All securities given in respect of loans under this Part shall be free of stamp duty.

(1) The written laws for the time being specified in the First Schedule shall have effect in the Area of Authority subject to the modification that it shall be lawful for the Board-

in like manner as though the references in any such written law to the authority, officer or person empowered to make or issue such by-laws, rules, regulations, orders or notifications or to exercise or discharge such powers and functions include references to the Board.

(2) The written laws for the time being specified in the Second Schedule to this Act shall have effect in the Controlled Area subject to the modification that it shall be lawful for the Board-

in like manner as though the references in any such written law to the authority, officer or person empowered to make or issue such by-laws, rules, regulations, orders or notifications or to exercise or discharge such powers and functions include references to the Board.

(3) No authority, officer or person in whom any powers or functions are vested by any written law for the time being specified in the First Schedule or the Second Schedule to this Act, shall within the Area of Authority or within the Controlled Area, as the case may be, exercise or discharge any of those powers or functions except where necessary for the purpose of executing or carrying out any contract or arrangement made by the Board under section 13.

(4) The Board may-

(5) Any power or function which the Board is authorized by paragraph (b) of subsection (1) or paragraph (b) of subsection (2) to exercise or discharge, may be exercised or discharged on behalf of the Board by any member of the Board or by any such officer of the Board as is authorized in writing in that behalf by the Chairman.

(1) The Board may make rules in respect of all or any of the following matters: –

(2) No rule made under subsection (1) shall have effect until it has been approved by the Minister.

(3) The Minister may, with the concurrence of the Minister of Finance, approve of any rule made by the Board in respect of any matter referred to in paragraph (a) or paragraph (b) of subsection (1).

(1) The Board may make by-laws in respect of all or any of the following matters: –

(2) No by-law made under subsection (1) shall have effect until it has been approved by the Minister, confirmed by the Senate and the House of Representatives, and published in the Gazette.

(3) Every by-law made under subsection (1) and approved by the Minister and confirmed by the Senate and the House of Representatives shall upon its publication in the Gazette be as valid and effectual as if it were herein enacted.

(1) The Board shall cause its accounts to be kept in such form and in such manner as the Minister may direct.

(2) The Board shall cause its books to be balanced as on the thirty-first day of December in each year and shall, before the thirtieth day of April of the following year, cause to be prepared a revenue and expenditure account and a balance sheet containing a summary of the assets and liabilities of the Board made up to the first-mentioned date. The revenue and expenditure account and the balance sheet shall be signed by the Chairman and by such officer of the Board as may be authorized by the Board to do so.

(3) The accounts of the Board shall be audited annually by an auditor (hereinafter referred to as ” the auditor”) appointed by the Minister on the advice of the Auditor-General. The auditor so appointed shall be a member of the Institute of Chartered Accountants of Ceylon. The auditor shall receive such remuneration from the funds of the Board as the Minister may, with the concurrence of the Minister of Finance, determine.

(4) The Auditor-General shall have power-

(5) 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-

(6) The Auditor-General shall have the right to comment upon or supplement the auditor’s report in such manner as the Auditor-General may think fit.

(7) The Auditor-General shall transmit the auditor’s report together with his comments upon, or his supplement to, such report to the Board.

(1) The Board shall, on receipt of the auditor’s report in respect of any year, transmit to the Minister-

(2) The Minister shall lay copies of the documents transmitted to him under subsection (1) before the Senate and the House of Representatives.

(1) The Minister may, with the concurrence of the Minister of Finance, make regulations for all or any of the following matters: –

(2) No regulation made by the Minister under sub-section (1) shall have effect until it has been approved by the Senate and the House of Representatives and published in the Gazette.

(1) At the request of the Board any officer of the public service or the Local Government Service Commission may, with the consent of the officer and the Secretary to the Treasury or the Local Government Service Commission, as the case may be, 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.

(2) The provisions of subsection (2) of section 9 of the Motor Transport Act, No. 48 of 1957, shall mutatis mutandis apply in relation to any officer in the public service who is temporarily appointed to the staff of the Board, and the provisions of subsection (3) of the aforesaid section 9 shall mutatis mutandis apply in relation to any officer in the public service who is permanently appointed to such staff.

(3) Where an officer in the Local Government Service is temporarily appointed to the staff of the Board,-

(4) Where an officer in the Local Government Service is permanently appointed to the staff of the Board,-

(5) Where an officer of the Local Government Ser vice Commission is temporarily appointed to the staff of the Board or permanently appointed to that staff, the appointment shall be on such terms and conditions, including those relating to pension or provident fund rights, as may be agreed upon by the Board and that Commission.

(6) Where an officer of the Local Government Ser vice Commission is temporarily appointed to the staff of the Board he shall be subject to the same disciplinary control as any other member of such staff.

(7) 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.

(1) The Board may abolish a post or office which it may deem not necessary subject to,-

(2) Where the holder of any post or office abolished under subsection (1) is a person who, immediately prior to his appointment to the staff of the Board, was an officer of the public service or the Local Government Service, such person may be reappointed to the public service or Local Government Service, as the case may be, on terms and conditions not less favourable than the terms and conditions subject to which he was an officer of the public service or the Local Government Service on the day immediately prior to his appointment to the staff of the Board.

(1) Where any village area or any part of a village area is, by Order under section 7 (1) included in such part of the Area of Authority as forms the Controlled Area, that village area or that part of a village area is hereby excluded from the operation of the Village Councils Ordinance with effect from the date on which that Order comes into force, and the Village Council for any village area which is so excluded from the operation of that Ordinance is hereby dissolved with effect from the aforesaid date, notwithstanding anything in any other written law.

(2) All the property, rights, debts, liabilities and obligations of every Village Council dissolved by subsection (1) are hereby transferred to and vested in the Board with effect from the date of the dissolution of that Village Council, and any such property which is immovable property of the Crown vested in that Village Council subject to any conditions shall be held by the Board subject to those conditions.

(3) Every by-law which has been or is deemed to have been made by a Village Council dissolved by subsection (1) and which is in force at the date of the dissolution of that Village Council shall be in force as though it were a by-law made by the Board under section 22 (4) (b) and may be amended or rescinded by by-law made by the Board under that section.

(4) Where only a part of a village area is, by virtue of subsection (1), excluded from the operation of the Village Councils Ordinance with effect from any date, every by-law which has been or is deemed to have been made by the Village Council for that village area and which is in force at that date shall continue in force in that part as though it were a by-law made by the Board under section 22 (4) (b) and may be amended or rescinded by by-law made by the Board under that section.

(1) The town of Anuradhapura is hereby excluded from the operation of the Urban Councils Ordinance, with effect from the date of the establishment of the Board, and the Special Commissioner appointed by Order under section 184 of that Ordinance to administer the affairs of that town and to exercise the powers and perform the duties of an Urban Council shall, with effect from that date, cease to hold office, administer such affairs, exercise such powers, and perform such duties, notwithstanding anything in that Ordinance or any other written law.

(2) All the property, rights, debts, liabilities and obligations which were transferred to and vested in the Special Commissioner referred to in subsection (1) by virtue of the operation of section 184 of the Urban Councils Ordinance are hereby transferred to and vested in the Board with effect from the date of the exclusion of the town of Anuradhapura from the operation of that Ordinance, and any such property which is immovable property of the Crown vested in such Special Commissioner subject to any conditions shall be held by the Board subject to those conditions.

(3) Every by-law which has been or is deemed to have been made under the Urban Councils Ordinance in respect of the town of Anuradhapura, and which is in force at the date of the exclusion of that town from the operation of that Ordinance shall continue in force as though it were a by-law made by the Board under section 22 (4) (b) and may be amended or rescinded by by-law made by the Board under that section.

(1) All officers and servants of the former Anuradhapura Urban Council who are in office on the day immediately prior to the date of the establishment of the Board, other than the officers in the Local Government Service, shall, on that date, become officers and servants of the Board and shall hold their offices as nearly as practicable by the same tenure and upon the same or not less favorable terms and conditions as under that Council, and while performing the same or the corresponding duties shall, as nearly as practicable, receive no less salary or remuneration or allowances and be entitled to receive no less pensions and gratuities, if any, than they would have been entitled to receive from that Council.

(2) The Board may distribute the business to be performed by any officer or servant referred to in sub-section (1) in such manner as the Board may think just and every such officer or servant shall perform such duties in relation to that business as may be directed by the Board.

(1) In the discharge of its functions and the exercise of its powers 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.

(2) The Minister shall, in issuing directions under subsection (1) with regard to any matter affecting the functions of any other Minister, act in consultation with that other Minister.

(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 (1) shall be guilty of an offence under this Act.

(1) Every member, officer and servant of the Board shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be a public servant within the meaning of the Penal Code.

(2) The members, officers and servants of the Board shall, for the purposes of the Public Servants (Liabilities) Ordinance, be deemed to be public servants.

(3) The officers of the Board shall, for the purposes of paragraph (d) of section 8 of the Post Office Ordinance, be deemed to be officers of the public service.

(1) Every person who contravenes any provision of this Act or of any by-law made by the Board under section 24 shall be guilty of an offence under this Act.

(2) Every person who is guilty of an offence under this Act 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.

(3) No court shall take cognizance of any offence under this Act except on a complaint by an officer of the Board who is authorized by the Board to make such complaint.