Provincial Council Notifications

NORTH WESTERN PROVINCE

PROVINCIAL COUNCIL OF THE NORTH WESTERN PROVINCE

No. 711 – WEDNESDAY, APRIL 15, 1992

 

Draft Statute No…..of 1991 of the Construction and Machinery Authority of the North Western Provincial Council

 

IT is hereby notified for general information that the Construction and Machinery Authority of the North Western Province Draft Statute
appended hereto will be presented to the Provincial Council of the North Western Province after the lapse of ten days from the date of this
Gazelle. Any person interested in making any representation on the provisions thereof should address me during the said period of ten days.
Gamini Jayawickreme Perera,
Chief Minister,
North Western Province and Provincial Minister for
Education, Local Government and Industries.
Office of the Chief Minister,
North Western Province,
Kurunegala,
30th March, 1992

 

DRAFT STATUTE No……………OF 1991 OF THE CONSTRUCTION AND MACHINERY AUTHORITY OF THE NORTH
WESTERN PROVINCIAL COUNCIL

 

A Statute to provide for the establishment of “Construction and Machinery Authority” in the North Western Province for the purpose of
maximum utilization of machinery in the North Western Province and maintaining them to the optimum level and also to accomplish
construction work on quality level and for matters connected there with and incidental thereto.
 

 

Be it passed by the Provincial Council of the North Western Province of the Democratic Socialist Republic of Shri Lanka as follows :

 

Short title and date of operation
(01) This Statute may be cited as the Construction and Machinery Authority Statute No…..of 1991 of North Western Provincial Council and shall come into operation on such date as may be appointed by the Minister-in-Charge of the subject of industries for the North Western Province by order published in the Gazette.

Part ICOMPOSITION, OBJECTS, POWERS AND FUNCTIONS OF THE CONSTRUCTION AND MACHINERY AUTHORITY 

Establishment of Construction and Machinery Authority
(02) In accordance with the provisions of this Statute there shall be established an Authority which shall be called the Construction and Machinery Authority and hereinafter in this Statute referred to as the Authority.

 

Authority to be body corporate
(03) The Authority shall by the name assigned to it be a body corporate and shall have perpetual succession and a common seal and subject to the provisions in this Statute it may acquire or sold property. It may sue or be sued in the name assigned to it.

 

Objectives and
powers of the Authority.
(04)
(a) The Authority may accept and appropriate lands, buildings, vehicles, equipment, and all other’ movable property transferred by the government to the Provincial Council, North Western Province and utilise the same for the purpose of this Statute.
(b) This Authority may undertake repairs, maintenance and servicing related to machinery, equipment, vehicles, or any other industrial equipment of the Authority or any other department, corporation, private sector and give on hire the machinery owned by the Authority to Government Departments, Corporations, Private Companies or individuals on an approved rate.
(c) The Authority may take action as may be desirable for further expansion of industrial development and make better use of parts and waste material and to discover systems and procedures aimed at further expansion of industrial development and undertake experiments, investigation and research as may be desirable for the Authority with the objective of improving technological procedure and systems used in industry.
(d) The Authority may undertake and complete civil engineering contracts within the Provincial Council, North Western Province on approved estimates by utilising machinery owned by the Authority or hired from outside and also to take all necessary action to realise the objectives of this Statute.

 

Advising the Minister.
(05) It shall be the duty of the Authority to advise the Minister on any matter or all matters referred to in section 4 (four) and on any other matter thai may be referred to the Authority by the Minister.

 

powers and functions of the Authority.
(06)
(i) Notwithstanding any inconsistency with any other written law and not affecting the broad responsibility of powers vested in the Authority by this Statute, the Authority shall have the power to perform and execute all such powers and functions given below ;
(ii) Planning/designing, execution and provision of advice or technological Assistant for any construction/ mechanical work in any development plan of the provincial Council of the North Western province.
(iii) The Authority may provide technological advice on any plan or design prepared in respect of any development/mechanical/ civil work or part of such work assigned to the Authority for execution after considering the physical location, the necessity or the area in which such a work is located and taking qualities in to due consideration the specific qualities of above factors and better scientific theories or practicability.
(iv) The Authority may prepare or cause to be prepared estimates for any construction mechanical or civil work assigned to the Authority for execution.
(v)The Authority may re-examine, alter or amend,revise or prepare fresh estimates if the Authority feels that there is any under estimation or over estimation in respect of any construction/ mechanical/ civil work assigned to the Authority for execution.
(vi) The approved estimated moneys for any construction/ mechanical/ civil work or any business activity under taken by the Authority shall be charged by the Authority as cost payable to the Authority for accomplishing and completing such work undertaken by the Authority.
(vii) The Authority shall construct, establish or acquire by other means and develop and maintain buildings, workshops, lathe shops and other facilities required for the benefit of the Authority.
(viii) Machinery, sets of tools, vehicle, parts of machinery, spare parts, other resources and other specified properties and items or articles which are required to realise the objectives of the Authority may be bought, transferred, rent out on long term basis, leased out or possessed on purchase by the Authority.
(ix) Any property, building or parts, machinery, vehicle, sets of tools or any other item or thing, transferred totally and permanently to the Authority and which can not be utilised for the purposes of the Authority , may be sold by public auction.
(x)The Authority shall take action or undertake and enter into contracts or agreements related to construction work, and maintenance of and repairs to any machinery or vehicle and also accept and receive charges or receipts for accomplishing the work assigned to it.
(xi)The Authority shall accept and receive any charges or receipts for hiring on long or short term basis or leasing out any machinery, equip, sets of tools or vehicle.
(xii) The Authority shall purchase, take on hire or acquire by possession any equipment, including solid material, liquid, lubricant mobile oil gas or any other material, buildings, sets of tools service activities, construction required for operation and maintenance of any machinery and construction of repair activities of machinery and vehicles.
(xiii) The Authority may enter into insurance agreement with any insurance company or individual to cover all types of losses, damages, accidents, disasters and liabilities concerning the Authority .
(xiv) The block provisions decided by the Minister with the concurrence of the Board of Ministers shall constitute the initial working capital of the Authority and expenses may be incurred from that capital.
(xv) The estimated amount decided by the Board of Ministers for performance of any work or service shall be considered as the amount due for performance of such work or service for which fees should be charged and collected. Where any money remains unexpended from the approved estimate, such moneys shall deemed to be as legally earned money by the Authority and be accrued.
(xvi) A separate fund shall be established to purchase new machinery in order to update the depreciation of assets and that fund shall constitute 35% of total receipt of rent earned by the Authority. That fund shall not be utilised for any other purpose.
(xvii) At the discussion of the Minister and the Board of Ministers, the Authority may in special occasions accomplish work of government or non-governmental organisations and meet the expenses of welfare activities of the staff of the Authority.

 

Duties to be performed.
07. The duties to be performed by the Authority in respect of any function under this Statute are as follows:-
(i) Attempt to avoid over expenditure and wastage in the performance of work undertaken by the Authority ;
(ii) Take necessary measures to maximize as far as possible the benefits that could be derived from any construction/mechanical work or service undertaken by the Authority .
(iii) To provide employment to public on temporary or permanent basis in areas where the Authority undertakes any development/mechanical work, provided that such employment does not affect or does not have adverse effects whatsoever on the Authority ;
(iv) To certify the quality standard of any work or service undertaken by the Authority.

Part II
BOARD OF THE AUTHORITY

 

board of Directors and its participation.
08. The Authority shall have a Board of Directors, consisting of five (5) members; four (4) ex-officio members and the other member to be nominated by the Minister-in-charge of the subject.

(i) Four Ex-officio members :-

(1) Secretary of the chief Ministry of the North Western Provincial Council;
(2) Director of the authority who holds the post of chief Executive of the Authority ;
(3) Director, Department of Engineering, North Western Province or his nominee ;
(4) Accountant of the Ministry-in-charge of the Authority ;
(ii) The other member to be nominated by the Minister-in-charge of the subject shall be an outsider.

 

Disqualifications.
09.
(i) Any person shall not be qualified from being appointed as a member of the Authority, if he is a member of Parliament or Member of Provincial Council or Member of Municipal Council or Member of Urban Council or Member of Pradeshiya Sabha of the Democratic Socialist Republic of Shri Lanka.
(ii) Any person shall not be qualified from being appointed as a member of the Authority, if he is declared insane, or bankrupt or insolvent or any person who has been convicted liable for imprisonment by the Judiciary.

 

Term of office of nominated members.
10. The nominated member shall hold office for a period of three years unless he vacates, or is removed from office earlier by the Minister.

 

Appointment of act-ing members
11. If any member is temporarily unable to discharge the duties of his office on account of ill health, absence from Shri Lanka or any other cause, the Minister may, subject to the requirement of Section 9, (1) and (2) above appoint some other suitable person to act as member in his place.

 

Resignation and removal of
nominated members.
12.
(i) The nominated member may resign office by letter addressed to the Minister.
(ii) The Minister may, if he thinks it expedient to do so, remove the the nominated member from office.

 

Eligibility of members for
reappointment.
13. A member who vacates office by effluxion of time shall be eligible for reappointment.

 

Chairman.
14.
(i) The secretary of the Ministry-in-charge of the subject shall be the Chairman of the Board.
(ii) Where the Secretary is temporarily unable to perform the duties of the office of Chairman for any of the reasons stated in Section 11 above, he may, in consultation with the Minister-in-charge, appoint an acting Chairman from among the Board of Directors.
(iii) Where there is equality of votes at a meeting of the Board on any matter the Chairman at such meeting, shall in addition to his vote, have a second or casting vote.

 

Meetings of the Board.
15.
(i) The meeting of the Board shall be held at least once in three months and the Board of Directors once a month.
(ii) 7 (seven) days notice in writing of every meeting of the Board shall be given to each of the members and shall specify in such notice, the business to be dealt with at such meetings.
(iii) The Chairman shall summon a special meeting of the Board within 7 (seven) days after being requested in writing to do so by at least two members of the Board.

 

Quorum for meetings of the Board.
16. The quorum for any meeting of the Board shall be three, inclusive of the Chairman. The attendance of the Director is compulsory.

 

Procedure at meetings of the Board.
17. Subject to the other provisions of the Statute, the Board may regulate its procedure in regard to meetings of the Board and the transaction of business at such meetings.

 

Secretary of the Board
18. The Board shall have the power to appoint a suitable person from among the staff of the authority as the Secretary to the Board.

 

Vacancy among members not to invalidate acts of the Board of Directors.
19. Any act or proceeding of the Board of Directors shall not be deemed to be invalid by reason only of the exsistence of any vacancy among its members or any defect in the appointment of any of its members.

 

Remuneration of members of the Board of Directors.
20.The members of the Board of Directors shall be remunerated in such manner and at such rates as the Chief
Minister may determine.

 

Seal of the Authority.
21.
(i) The common seal of the Authority shall be in the custody of such person as the Board of Directors may decide from lime to time.
(ii) The seal of the Authority may be altered in such manner as may be determined by the Board of Directors.
(iii) The seal of Authority shall not be affixed to any instrument or document except in the presence of two members of the Board of Directors both of whom shall sign the instrument or document in token of their presence.
(iv) The Board of Directors shall maintain a register of the instruments or documents to which the seal of the Authority is affixed.

 

Minister’s directions to the Board of Directors.
22. In the exercise, discharge and performance of its powers, functions and duties, the Board of Directors shall be subject to, and act in accordance with, such general or special directions as the Minister may from time to time issue.

 

Delegation of duties functions and powers by the Board of
Directors.
23.
(i) The Board may delegate to any member or officer of the Authority such functions and duties as may be determined by the Board of Directors.
(ii) Every delegate appointed under Sub-section 23 (1) above shall exercise or perform the power or duty delegated to him subject to the general or special directions of the Board of Directors.

Part III

 

Chief Executive of the Authority.
24.
(i) The Minister shall appoint a full time officer to be referred to as the Director in this Statute and who is proficient in Mechanical Engineering and able to hold the responsibility as a Chief Executive of the Authority.
(ii) The Director may be paid such remuneration as may be determined by the Board of Directors with the concurrence of the Minister.

 

Powers and
functions of the Director.
25.

(i) The Director shall be responsible for all matters pertaining to day-to-day administration of the Authority. Such matters shall, subject to the oilier provisions of this Statute, include-

(a) advancing the skills of persons employed by the Authority ;
(b) improving the efficiency of the Authority ; and
(c) organising such services as are necessary to achieve the objects of the Authority ;
(d) exercising disciplinary control over the staff;
(e) the Director shall execute or perform such powers, and duties as may be delegated to him by the Board.

 

Other staff of the Au-thority.
26. Subject to the other provisions of this Statute and on the approval of the Director, the Authority may-
(a) appoint and dismiss the staff of the Authority ;
(b) fix wages or salary or other remuneration of such staff; and
(c) determine the terms and conditions of service for such staff.

 

Delegation of powers to other employees.
27. The director may delegate in writing from time to time any part of powers, functions or duties assigned to him in writing by the Authority and which he deems necessary to any other employee of the Authority and such delegation should be approved by the Authority and the employee who has been delegated such powers, functions or duties shall exercise them subject to general or special directives issued by the Director.

 

Appointment of Pub-lic Servants to the Au-thority.
28.
(i) Any officer in the Public Service may, with the consent of that officer be appointed to the staff of the Authority.
(ii) Where any officer in the Public Service is temporarily appointed to the staff of the Authority, the provisions of Sub-section 2, (26) Section 13 of the Transport Board Ordinance No. 19 of 1978 of the National State Assembly shall Mutates Matandis apply and in relation to him.
(iii) Where any officer in the Public Service is permanently appointed to the staff the Authority, provisions of the Sub-section 3 Section 13 of the Transport Ordinance No. 19 of 1978 of the Transport Board Ordinance of the National State Assembly shall Mutates Matandis, apply to and in relation to him.

Part IVFINANCE AND ACCOUNTS

 

Funds of the Authority.
29. The Authority shall have its own fund :
(i)The Authority shall establish a fund consisting of payments of,all sums of moneys allocated from time to time as capital investment by the Provincial Council and all sums of moneys allocated from time to time on the basis of loans by the Minister to be paid back on equal annual instalments without interest during a specified period of time ;
(ii) The Authority shall accept as asset of the Authority any donation given by the Central Government or the Provincial Council or Foreign Aids for the well-being of the Authority ;
(iii) Any sum of moneys collected by the Authority is the cost estimates prepared in respect of any work or service by approved by the Director and assigned to the Authority for execution ;
(iv) All sums of moneys collected by the Authority in the exercise of powers vested in it under orders and regulations deemed to be formulated in terms of provisions by or under this Statute ;
(v) Any income derived from any property transferred to or administered by the Authority ;
(vi) All income collected for the services carried out by the Authority ;
(vii) All financial donation or grants to the Authority ;
(viii) All collections of funds credited to the Authority.

 

Expenditure from.
30. Purpose for which money from the fund the fund may be utilised by the Authority :
(i) To settle any payment incurred by the Authority in the management of its affairs including business transactions ;
(ii) To pay salaries or allowances of the staff including the allowance for the Board and to pay part of it profits to the staff on the decision of the Board ;
(iii) To pay 35% of the expenditure incurred to update machinery and vehicles of the Authority which the Board may decide as unusable ;

(iv) To settle expenditure incurred in the exercise of powers and discharge of duties, obligations and functions vested in it under this Statute ;

(v) To settle expenditure incurred in the performance of functions assigned from time to time by the Minister or the Director ;

(vi)The Authority may formulate regulations to regularise the withdrawal of money from the fund and no money whatsoever could be withdraw- from the fund except in terms of such regulations.

 

Financial Consultant.
31. The Secretary shall appoint the Accountant of the Ministry-in-Charge of the subject, as the financial consultant to assist the director on financial matter. The Minister shall determine his remuneration.

 

Accounts of the Authority.
32. The Authority shall, in respect of each financial year, cause proper accounts of its income and expenditure and of all its other transactions to be kept and shall prepare an annual statement of accounts and statistics relating to its
business, in such form and containing such particulars as the Minister may determine.

 

Financial year of the Authority.
33. The financial year of the Authority the Authority shall be from lst January to 31st December.

 

Audit of the Authority.
34.
(i) The accounts of the Authority in respect of each financial year shall be submitted to the Auditor-General for audit before lapse of six months from the end of the financial year. For the purpose of assisting him in the audit of such accounts, the Auditor-General may employ the services of any qualified auditor or auditors who shall act under his direction and control.
(ii) For the purpose in meeting the expenses incurred by him to auditing the accounts of the Authority, the Auditor -General shall be paid from the funds of the Authority such remuneration as the minister may, of determine. Any remuneration received from the Authority by the Auditor-General shall, after deducting any sums paid by him to any qualified auditor employed by him for the purpose of such audit, be credited to the consolidated fund of Shri Lanka.
(iii) The Auditor-General and any person assisting him in the audit of the accounts of the Authority shall have access to all the books, deeds, contracts, accounts, vouchers and other documents of the Authority as the Auditor- General may consider necessary for the purpose for the audit and shall be furnished by the Board, or its officers with such information within their knowledge as may be required for such purpose.
(iv) For the purpose of this Section, the expression “qualified Auditor” means-

(i) an individual who being a member of the Institute of Chartered Accountants of Sri Lanka, possesses a certificate to practice as an accountant issued by the Council of that Institute ; or

(ii) a firm of Chartered Accountants, each of the partners of which being a member of that Institute,
possesses a certificate to practice as an Accountant issued by the Council of that Institute.

 

The Auditor-General’s report.
35. The Auditor-General shall examine the accounts of the Authority and furnish a report:
(i) Stating whether he has or has not obtained all the information and explanations required by him ;
(ii) stating whether 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 Authority ;
(iii) drawing attention to any item in the accounts which in his opinion may be of interest to the Provincial Council or any examination of the activities and accounts of the Authority ; and
(iv) the Auditor-General shall transmit his report to the Board together with the audited accounts.

 

The Auditor-General’s report and the report of the annual activities of the Authority to be transmitted to the Minister.
36. The Board shall on the receipt of the audited accounts and the Auditor-General’s report each year, transmit such report and such accounts together with the statement by the Board of the activities of the Authority during the financial year to which such report relates, to the Minister who shall cause copies thereof to be laid before the Board of Ministers and the Provincial Council within twelve months of the close of the financial year of the Authority to which
the accounts relates.

Part V
GENERAL

 

Regulations.
37.
(i) The Minister may make regulation for the purpose of carrying out or giving effect to the principles and provisions of this Statute, and for all matters which are required by this Statute to be prescribed, or in respect of which regulations are required to be made.
(ii) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or such later date as may be specified therein.
(iii) Every regulation made by the Minister shall as soon as convenient after its publication in the Gazette, be brought before the Provincial Council for approval. Any such regulations which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done thereunder. Notification of the date on which any regulation made by the Minister is so deemed to be rescinded shall be published in the Gazette.

 

Rules.
38.The Authority may make rules in respect of matters for which rules are authorised or required by this Statute to be made.

 

Employees of the Authority deemed to be public servants.
39. All members, officers and employees of the Authority established under this Statute shall be deemed to be public servants within the main and for the purpose of the Penal Code.

 

Secrecy
40. No member of the Board or any member staff of the Authority shall disclose to any person except to the Minister, or for the purpose of the functions or when duties or the exercise of his functions or when required to do so before a Court or under any law, any information acquired by him in the performance of his duties or the exercise of his functions.

 

Protection for action taken under this Statute.
41. No suit or prosecution shall lie against the Board members or officers and other staff of the Authority for any act which in good faith is done or purported to be done under this Statute.

 

Judicial expenses and income.
42. The Judicial expenses to be incurred when a complaint is made or a case Filed in any judiciary shall be form by the Authority and such expenses shall be debated from the fund. Any judicial receipt collected by the Authority in such a complaint or case shall be credited to fund.

 

Interpretation.
43. In this Statute, unless otherwise stated –
“Minister” – means the Minister-in-charge of the Authority, North Western Provincial Council.
” Authority” – means the Construction and Machinery Authority of the North Western Provincial Council.
“Council” – Means the North Western Provincial Council.
“Gazette” – means the Government Gazette.
“Secretary” – means the Secretary of the Ministry-in-Charge of the Authority.
“Board” – means the Board of Directors of the Construction and Machinery Authority of the North Western Provincial Council.

 

SCHEDULES