Director of Public Works (Change of Designation) Law

Director of Public Works (Change of Designation) Law

A LAW TO MAKE SUCH AMENDMENTS IN WRITTEN LAW AS ARE CONSEQUENTIAL TO THE CHANGE OF DESIGNATION OF THE DIRECTOR OF PUBLIC WORKS AND THE CREATION OF THE DEPARTMENT OF HIGHWAYS.

BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows:-

[13^th September
, 1973 ]

Short title.

1. This Law may be cited as the Director of Public Works (Change of Designation) Law, No 37 of 1973.

PART I

Amendment of section 2 of chapter 193.

2. Section 2 of the Thoroughfares Ordinance (hereafter in this Part referred to as the ” principal enactment “) is hereby amended by the substitution, for subsection (2) thereof, of the following new subsection:-

” (2) Where any road is maintained by any department, other than the Department of Highways or a Department of a Director of Works, the Minister may by Order published in the Gazette declare that, for the purposes of the application of this Ordinance with respect to such road, this Ordinance or any specified provision thereof shall have effect subject to the modification that the powers or functions conferred by this Ordinance or by such specified provision shall be exercised and discharged by specified officers of such department.”.

Replacement of section 4 of the principal enactment.

3. Section 4 of the principal enactment is hereby repealed and the following new section substituted therefor:-

Appointment and powers, &c., of officers and servants.

(1) There may be appointed all such officers and servants as may be necessary for the purposes of this Ordinance.

(2) Subject to the general direction and control of the Secretary to the Ministry in charge of the subject of Highways, the Director of Works of each region and the Executive Engineer of each division shall be responsible for the administration of this Ordinance in his region or division.

(3) In this Ordinance-

(a) ” region “, when used with reference to a Director of Works or a Superintending Engineer, means the area for which he is appointed. ‘.

(b) ” division “, when used with reference to an Executive Engineer, means the area for which he is appointed.’.

Replacement of section 8 of the principal enactment.

4. Section 8 of the principal enactment is hereby-repealed and the following new section substituted therefor:-

“Management of works on roads and other powers to be vested in Director.

8. The direction and control of all work to be undertaken under this Ordinance upon any road shall be vested in Director. “.

Amendment of section 40 of the principal enactment.

5. Section 40 of the principal enactment is hereby amended as follows: –

(a) by the substitution, for the definition of ” Director ” of the following new definition:-

‘ “Director ” means the Director of High ways and includes-

(i) the Deputy Director of Highways,

(ii) in respect of any power, duty or function of the Director of Highways under this Ordinance, any Assistant Director of Highways authorized in writing by such Director to exercise such power, perform such duty or discharge such function,

(iii) the Director of Works having authority in the area concerned,

(iv) the Deputy Director of Works having authority in the area concerned, and

(v) in respect of any power, duty or function of the Director of Highways under this Ordinance, any Assistant Director of Works authorized in writing by the Director of Works to exercise such power, perform such duty or discharge such function of the Director of Highways; ‘ ;

(b) by the substitution, for the definition of Executive Engineer “, of the following new definition:-

“Executive Engineer ” means the Executive Engineer for any division;’: and

” Superintending Engineer “, means the Superintending Engineer for any region.’.

Substitution of new expressions in the principal enactment.

6. In the principal enactment there shall be substituted –

(a) for the expression ” Public Works Department ” the expression ” Department of Highways or a Department of a Director of Works” ;

(b) for the expression ” Director of Public Works ” ,the expression ” Director” ;and

PART II

Replacement of section 5 of Chapter 194.

7. The Roads (Transfer of Control) Act is hereby amended by the substitution, for section 5 thereof, of the following new section:-

” Savings for licences and surveys.

5. All licences granted and surveys made under the Thoroughfares Ordinance prior to the 1st day of April, 1951, by or under the authority of any Provincial or District Committee shall be deemed to have been granted or made by or under the authority of the Director of Highways or a Director of Works or the appropriate officer of the Department of Highways or the Department of such Director of Works and shall have effect accordingly.”.

PART III

Replacement of section 2 of Chapter 195.

8. Section 2 of the Estate Roads Ordinance (here after in this Part referred to as the ” principal enactment “) is hereby repealed and the following new section substituted” therefor:-

” Application for construction of road.

(1) The proprietors of any two or more estates situated in the same locality, to which there is no available thoroughfare or branch road leading from some convenient principal thoroughfare, may make application in writing to the Director of Works of the region in which such estates are situated that the provisions of this Ordinance be extended to the said locality. and such application shall set forth, so far as the same may be ascertained, the following particulars:-

(a) the description of the locality;

(b) the names of all the estates therein;

(c) the names of the proprietors, or if they be absent from Sri Lanka, of the resident manager or superintendent, and of the agents, if any, of each estate;

(d) the acreage of each estate, so far as it is known, with the extent: of land under cultivation;

(e) the estimated length in miles of the road required to be made to connect the said estates with the most convenient principal thoroughfare;

(f) the description of the road required.

(2) All applications shall be accompanied, if considered necessary by the Director of Works, by a plan and section of the proposed road drawn to a reasonable scale, and an estimate in detail showing the estimated cost of each half mile of the road.

(3) in any case where the estates fall within two regions, the Minister may by Notification published in the Gazette authorize the Director of Works of any such region to exercise in that case the powers conferred by this Ordinance”.

Replacement of section 41 of the principal enactment.

9. Section 41 of the principal enactment is hereby repealed and the following new section substituted therefor.-

Exercise of powers and functions.

41.

(1) Any power, function or duty conferred or imposed by this Ordinance or the Director of Works may be exercised or performed by the Superintending Engineer within his region or the Executive Engineer within his division, if authorized so to do by the Director of Work.

(2) The powers Junctions and duties of the Director of works, the Superintending Engineers and the Executive Engineer under this Ordinance shall be exercised and performed subject to the general direction and control of the Secretary to the Ministry in charge of the subject of Highways”.

Substitution of new expression in the principal enactment.

10. In the principal enactment there shall be substituted for the expression superintending Engineer ” wherever that expression in that enactment other than in section the expression ” Director of works”.

Part IV

Amendment of section 2 of Chapter 196.

11. Section 2 of the Conversion of Estate Roads into public roads Act (hereafter in this Part referred to as the “principal enactment”)here by emended in subsection (1) thereof by the substitution for paragraph (b) thereof, of the following new paragraph: –

“(b)determine. After consultation with the Secretly to the “Ministry in charge of the subject of highways, whether the responsibility for the maintenance of that road shall be imposed on the Director of Works or the owner or owners of the estate affected by the order”

Amendment of section 6 of the principal enactment.

12. Section 6 of the principal enactment hereby amended. by the substitution, for subsection (1) and (2) thereof, of the following new subsections

” (1) Where the responsibility for the maintenance of a public road is imposed on the owner or owners of any estate by any public road order, the appropriate road authority shall, after consultation with the Secretary to the Ministry in charge of the subject, of Highways, determine-

(a) what portion of the cost of such maintenance shall be paid from time to time to such owner or owners by the Secretary to the Ministry in charge of the subject of Highways; and

(b) where that estate is owned by more than one person. the apportionment of the Government’s contribution to the owners of that estate.

(2) The Government’s contribution under this Act to the cost of maintenance of a road may be increased or reduced from time to time by the appropriate road authority, after consultation with the Secretary to the Ministry in charge of the subject of Highways. by a fresh determination made either of his own motion or on application made in then behalf by the owner or any of the owners of the estate on whom the responsibility for the maintenance of that road is imposed under this Act.”.

Replacement of section 7 of the principal enactment.

13. Section 7 of the principal enactment is hereby repealed and the following new section substituted therefore:-

“Maintenance of public roads by owner of estates.

(1) where the responsibility for the maintenance of a road is imposed under this Act on the owner or owners of an estate, the Secretary to the Ministry in charge of the subject of Highways shall cause a written notice to be sent by registered post to the person in charge of that estate directing him to carry out, within the time specified in the notice, such work connected with the maintenance of that road as is so specified, and shall cause a copy of the notice to be sent by registered post to the owner or each owner of that estate if he is a resident of Sri Lanka and his address is known.

(2) Where the person in charge of an estate complies with a notice sent to him under subsection (1), the Secretary to the Ministry in charge of the subject of Highways shall, if the owner or each owner of that estate is a resident of Sri Lanka whose address is known lender to such owner or each such owner the amount to which he is entitled out of the Government’s contribution under this Act to the cost of maintenance of the road to which that notice relates, and shall pay the tendered amount to the person to whom it is tendered if he consents to receive it.

(3) Where the person in charge of an estate fails to comply with a notice sent to him under subsection (1) the Secretary to the Ministry in charge of the subject of Highways shall cause the work specified in the notice to be carried out by the Department of the Director of Works of the region and the expenses incurred by the Department of such Director of Works in earning- out that work less the amount of the Government’s contribution under this Act to such expenses shall, upon demand made-in writing by the ‘Secretary to the Ministry in charge of the subject of Highways, be paid to such Secretary by the owner or owners of that estate within the time allowed by such Director.

(4) Where any sum payable to the Secret an to the Ministry in charge of the subject of Highways under subsection (3) by the owner or owners of an estate is not paid within the time allowed by such Secretary, then such Secretary or any person authorized by him in writing in that behalf may seize and sell the produce of, and any movable property belonging to that estate, and such Secretary shall cause the aforesaid sum and the expenses incurred in connection with the seizure and sale to be deducted from the proceeds of the sale and the balance of such proceeds to be returned to such owner or owners.”.

Amendment of section 12 of the principal enactment

14. Section 12 of the principal enactment is hereby repealed and the following new section substituted therefor ; –

Delegation of powers and duties of the Secretary to the Ministry in charge of the subject of Highways.

12. The Secretary to the Ministry in charge of the subject of Highways may, by general special order in writing, delegate to any Executive Engineer of a. Department of a Director of Works any of the powers or duties conferred or imposed on such Secretary by this Act.”.

PART V

Amendment of section 75 of Chapter 453.

15. Section 75 of the irrigation Ordinance (here after In this Part referred to as the ” principal enactment”) is hereby amended by the insertion, immediately after subsection (3) thereof, of the following new subsection: –

“(4) In section 65, section 66 and In this section, ” Government Agent ” means the Government Agent having authority in the area concerned, and includes-

(a) an Assistant Government Agent;

(b) an Additional Assistant Government Agent;

(d) the Superintending Engineer having authority in the area concerned; and

(e) the Executive Engineer having authority in the area concerned.”.

Amendment of section 118 of the principal enactment.

16. Section 118 of the principal enactment is hereby amended by the insertion, immediately after the definition of ” Cultivation Committee agent “, of the following new definition:-

” Director of Irrigation ” includes-

(a) the Director, a Deputy Director and an Assistant Director of Works, having authority in the area concerned;

(b) the Superintending Engineer having authority in the area concerned; and

PART VI

Retrospective effect.

17. The amendments made in the Thoroughfares Ordinance (Chapter 193), the Roads (Transfer of Control) Act (Chapter 194), the Estate Roads Ordinance (Chapter 195), the Conversion of Estate Roads into Public Roads Act (Chapter 196), and the Irrigation Ordinance (Chapter 453), by the preceding provisions of this Law shall be deemed, for all purposes, to have come into effect on October 1. 1969.