Natural Resources, Energy And Science Authority Of Sri Lanka Act

(1) The Authority shall consist of not more than eleven members to be appointed by the Minister from among persons who appear to him to have had experience of, or to have shown capacity in, matters connected with natural resources, energy and power, and science and technology.

(2) The Minister shall appoint one of the members of the Authority to be the Director-General of the Authority.

(3) Every member of the Authority shall, unless he earlier vacates office by death, resignation or removal, hold office for a period of three years from the date of his appointment, and shall, unless he has been removed from office be eligible for reappointment.

(4) The Minister may, if he considers it expedient so to do, remove, by Order published in the Gazette, any member of the Authority without assigning any reason therefor.

(5) A member of the Authority in respect of whom an Order under subsection (4) is made by the Minister shall vacate his office on the date of publication of such Order in the Gazette.

(6) The removal of any member of the Authority under subsection (4) shall not be called in question in any court.

(7) A member of the Authority may, at any time, resign his office by letter addressed to the Minister, and such resignation shall not take effect until the Minister intimates in writing to such member that such resignation has been accepted.

(8) If a member of the Authority dies or resigns, or is removed from office, the Minister may having due regard to the provisions of subsection (1) appoint any other person to be a member in place of the member who dies, resigns, or is removed from office.

(9) A member appointed under subsection (8) shall, unless he earlier resigns or vacates office by death or removal, hold office for the unexpired period of the term of office of the member whom he succeeds.

(10) Where, a member of the Authority is, by reason of illness, infirmity or absence from Sri Lanka for a period of not less than three months, temporarily unable to perform the duties of his office, it shall be the duty of such member to inform the Minister in writing of such inability.The Minister may having due regard to the provisions of subsection (1), appoint another person to act in his place.

(a) if he is, or becomes, a Member of Parliament, or a member of any local authority ; or

(b) if he is not, or ceases to be, a citizen of Sri Lanka ; or

(c) if he is under any law in force in Sri Lanka or in any other country found or declared to be of unsound mind ; or

(d) if he is serving or has served a sentence of imprisonment imposed by any court in Sri Lanka or any other country.

(1) The seal of the Authority may be determined and devised by the Authority, and may be altered in such manner as may be determined by the Authority.

(2) The seal of the Authority shall be in the custody of such person as the Authority may decide from time to time.

(3) The seal of the Authority shall not be affixed to any instrument or document except with the sanction of the Authority and in the presence of two members of the Authority who shall sign the instrument or document in token of their presence.

(4) The Authority shall maintain a register of the instruments or documents to which the seal of the Authority is affixed.

(1) Subject to the provisions of this Act, the Authority may regulate the procedure in regard to the meetings of the Authority and the transaction of business at such meetings.

(2) The Director-General of the Authority shall preside at every meeting of the Authority at which he is present. In the absence of the Director-General from any meeting of the Authority, any member elected by the members present shall preside at such meeting.

(3) The person presiding at any meeting of the Authority shall, in addition to his own vote, have a casting vote.

(4) The quorum for any meeting of the Authority shall be six members.

(5) No act or proceeding of the Authority shall be invalid by reason only of the existence of any vacancy among the members or any defect in the appointment of any member.

(a) to advise the Minister regarding-

(b) to collect and disseminate information, publish reports, periodicals and papers relating to natural resources and their systematic and co-ordinated exploitation and development, the exploitation and use of energy resources and the conservation of energy and any aspect relating to scientific and technical matters and to provide information and education to the public regarding such matters ;

(c) to establish and maintain liaison with individuals, associations or institutions in Sri Lanka and in other countries regarding matters relating to the development of natural resources and conservation and development of energy and concerning science and technology;

(d) to study and report on-

(e) to take cognizance of and report on subjects of national importance concerning scientific, technological, educational, sociological and economic matters in Sri Lanka ;

(f) to initiate, sponsor and support scientific and technological research with the following objectives:

(g) to do such other things as may be necessary for the development of science and technology in Sri Lanka.

(a) initiate, promote, conduct and co-ordinate research surveys and investigations regarding any aspect of the protection and development of the natural resources of Sri Lanka ;

(b) initiate, promote, conduct and co-ordinate research surveys and investigations regarding any aspect of the exploration, use and development of energy resources;

(c) erect, equip and maintain buildings and laboratories for research facilities or institute any research programme either independently or in association with any other person ;

(d) institute and award research fellowships, student- ships, scholarships, prizes and medals for work connected with exploration, use and development of natural resources and energy resources, and work connected with science and technology; and establish and manage a research fund or funds for promotion of research in these fields;

(e) make grants to any scientist or technologist or a team of such persons or any research institute or any university or any recognized scientific body to commence or continue a specific research project or projects;

(f) establish and maintain a scientific and technical documentation centre ;

(g) take and hold any property, movable or immovable, which may become vested in it by virtue of any purchase, grant, gift, testamentary disposition or otherwise, and subject to the rules of the Authority, sell, mortgage, lease, grant, convey, devise, assign, exchange or otherwise dispose of the same;

(h) to appoint such employees or agents as may be necessary for carrying out the functions of the Authority and to determine such remuneration as may have to be paid to such employees and agents ;

(i) make rules in respect of the administration of the affairs of the Authority ;

(j) invest the moneys of the Authority in such manner as may from time to time be determined by the Authority;

(k) with the approval of the Minister, establish working committees to assist the Authority in any aspect of its work, define the scope of work and authority of such committees, and appoint persons to such committees with the approval of the Minister ; and

(l) do all such other acts and things as are incidental to or consequential upon or connected with the exercise, performance and discharge of the powers duties and functions of the Authority.

(1) The Director-General of the Authority shall be the chief executive officer of the Authority.

(2) The Director-General shall, subject to the general direction and control of the Authority, be charged with the direction of the business of the Authority, the organization and execution of the powers, functions and duties of the Authority and the administration and control of the employees of the Authority.

(3) If any vacancy occurs in the office of Director-General or if the Director-General by reason of leave, illness or other cause, is unable temporarily to perform the duties of his office, the Authority shall, as soon as possible, and subject to the approval of he Minister, appoint another person to act in the office of Director-General.

(1) The Authority may subject to the other provisions of this Act-

(2) Rules may be made by the Authority in respect of all or any of the matters referred to in subsection (1).

(3) At the 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 with like consent be permanently appointed to such staff.

(4) Where any officer in the public service is temporarily appointed to the staff of the Authority, the provisions of subsection (2) of section 13 of the Transport Board Law, No’. 19 of 1978, 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 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation lo him.

(6) Where the Authority 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 with the Authority by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.

(7) At the request of the Authority any member of the Local Government Service of any other officer or servant of any local authority may, with the consent of such member, officer or servant and the Local Government Service Advisory Board or that local authority, as the case may be, be temporarily appointed to the staff of the Authority for such period as may be determined by the Authority with like consent or with like consent be permanently appointed to such staff on such terms and conditions including those relating to pension or provident fund rights as may be agreed upon by the Authority and the Local Government Service Advisory Board or that local authority, as the case may be.

(8) Where any person is temporarily appointed to the staff of the Authority in pursuance of the provisions of subsection (7), such person shall be subject to the same disciplinary control as any other member of such staff.

(1) The Authority shall have its own Fund.

(2) There shall be paid to the Fund of the Authority-

(3) The Authority may utilize the funds of the Authority for the purpose of defraying any expenditure incurred in the management of the affairs of the Authority, the transaction of business of the Authority, the payment of remuneration to the members of the Authority and the employees .of the Authority, the exercise of the powers and the performance of the duties and functions of the Authority under this Act and other written law, and for such other purposes as the Authority may authorize from time to time.

(1) the financial year of the Authority shall be the calendar year.

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

(3) 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.

(1) The Authority may by order delegate any of its powers, duties and functions under this Act to any Government department, public corporation or local authority, or to any Working Committee established by the Authority,

(2) An order made under subsection (1) may be revoked or varied at any time by the Authority,

(3) An order under subsection (1) shall not be made by the Authority-

(1) No suit or prosecution shall lie-

(2) Any expense incurred by the Authority in any suit or prosecution brought by or against the Authority before any court shall be paid out of the Fund of the Authority and any costs paid to, or recovered by, the Authority in any such suit or prosecution shall be credited to the Fund of the Authority.

(3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Act or on the direction of the Authority shall, if the court holds that such act was done in good faith, be paid out of the Fund of the Authority, unless such expense is recovered by him in such suit or prosecution.

(1) The Authority may make rules in respect of all any of the matters for which rules are authorized or required by this Act to be made.

(2) No rule made by the Authority under this Act shall have effect until it has been approved by the Minister.

(1) Where any immovable property is required to be acquired for the purpose of the business of the Authority and the Minister, by Order published in the Gazette, approves of the proposed acquisition, that property shall be deemed to be required for a public purpose and may accordingly be acquired under the Land Acquisition Act and be transferred to the Authority.

(2) Any sum payable for the acquisition of any immovable property under the Land Acquisition Act for the Authority shall be paid by the Authority.

(1) Where any immovable property of the State is required for the purpose of any business of the Authority, such purpose shall be deemed to be a purpose for which a special grant or lease of such property may be made under section 6 of the Crown Lands Ordinance, and accordingly the provisions of that Ordinance shall apply to a special grant or lease of such property to the Authority.

(2) Where any movable property of the State is required for the purpose of the Authority, the Minister may, by Order published in the Gazette, transfer to and vast in ‘the Authority the possession and use of such movable property.

(1) For the purpose of enabling the Authority to exercise, perform and discharge any of its powers duties and functions under sections 9 and 10 of this Act, the Authority or any person authorized in that behalf by the Authority may by notice in writing require any person to furnish to the Authority or to the person so authorized, within such period as shall be specified in the notice, all such returns or information as shall be specified in such notice.

(2) It shall be the duty of any person who is required to furnish any return or information by a notice under subsection (1) to comply with such requirement within the time specified in such notice, except where such person is precluded from making such return or divulging such information under the provisions of any law.

(1) Every person who-

(2) Every person who commits an offence under this Act shall, on conviction after trial before a Magistrate, be liable to a fine not exceeding five hundred rupees.

(a) all officers and servants in the service of the Council shall be deemed to be officers and servants in the service of the Authority, and shall hold their offices with as nearly as may be the same status and on the terms, including terms relating to salary or wages, the termination of employment, allowances, or other benefits as they had or enjoyed in the service of the Council;

(b) all decisions made by the Council shall be deemed to be decisions made by the Authority;

(c) all debts, obligations and liabilities incurred and all contracts, deeds, bonds, agreements and other instruments executed or entered into and all matters and things engaged to be done by, with or for the Council, shall be deemed to have been incurred, executed, entered into or engaged to be done by, with or for the Authority;

(d) all suits, prosecutions, appeals or other legal proceedings, civil and criminal, instituted or which might have been instituted, by or against the Council, subject to the provisions of this Act and of any other written law shall be continued or instituted by or against the Authority;

(e) all decrees or orders made by a competent court in favour of, or against, the Council, shall be deemed to have been made in favour of, or against, the Authority ;

(f) all property, movable or immovable, which has been vested in, or legally purchased or acquired by, or leased to, or placed at the disposal of, or in any other manner transferred to the Council or is in its possession or control shall be held by or in trust; for the Authority, subject to the trusts,., charges, liabilities, reservations, servitudes or other encumbrances and on the terms and conditions pertaining, attaching or applicable thereto ;

(g) all rules made by the Council shall be deemed to be rules made by the Authority;

(h) the Fund of the Council established under section 22 of the National Science Council of Sri Lanka Law, No, 36 of 1975, shall be deemed to be the Fund of the Authority.