Provincial Council Notifications

NORTH WESTERN PROVINCIAL COUNCIL

Municipal Council Ordinance (Chapter 252)

No. 697 – FRIDAY, JANUARY 10, 1992

 

REGULATIONS made by the Chief Minister and the Minister of Education, Local Government and Industries of the North Western Province under Section 188 to be read with Section 289 of the Municipal Councils Ordinance as amended by Act, No. 24 of 1977 (Chapter 252) to be read with Provincial Councils (Incidental Provisions) Act, No. 12 of 1989.

REGULATIONS

 

01. These regulations are cited as (Allowances for Members) Regulations 1991 of the Municipal Councils in the North Western Province.

 

02. The monthly allowances payable to Mayors and Members of the Municipal Councils in the North Western Province for performing their duties of the Municipal Council, shall be within the limits decided by the Council, subject to the maximums given below, and shall be effective from 01st of July, 1991 :-

Rs.(a) Mayor7,500(b) Deputy Mayor5,000(c) Member3,500 

03. In paying these allowances, the Council should be satisfied that the Mayor, Deputy Mayor or the Members concerned do participate sufficiently in the activities of the Council.

 
Gamini Jayawickrama Perera, Chief Minister and Minister of Education, Local Government and Industries.
Chief Minister’s Office, North Western Province, Kurunegala, 19th December, 1991.

NORTH WESTERN PROVINCIAL COUNCIL

Urban Councils Ordinance (Chapter 255)

REGULATIONS made by the Chief Minister and the Minister of
Education, Local Government and Industries of the North Western
Province under Section 193 to be read with Section 159 of the Urban
Councils Ordinance as amended by Act, No. 24 of 1977 (Chapter
255) to be read with Provincial Councils (Incidental Provisions) Act,
No. 12 of 1989.

REGULATIONS 

01. These regulations are cited as (Allowances for Members) Regulations 1991 of the Urban Councils in the North Western Province.

 

02. The monthly allowances payable to Chairman, Vice-Chairman and Members of the Urban Councils in the North Western Province for performing their duties of the Council, shall be within the limits decided by the Council, subject to the maximums given below, and
shall be effective from 01st of July, 1991:-

Rs.(a) Chairman4,000(b) Vice-Chairman2,000(c) Member1,500 

03. In paying these allowances, the Council should be satisfied that the Chairman, Vice-Chairman, or the Members concerned do participate sufficiently in the activities of the Council.
Gamini Jayawickrama Perera,
Chief Minister and Minister of Education,
Local Government and Industries.
Chief Minister’s Office,
North Western Province,
Kurunegala,
19th December, 1991.
01-215/2

NORTH WESTERN PROVINCIAL COUNCIL

Pradeshiya Sabha Act, No. 15 of 1987

REGULATIONS made by the Chief Minister and the Minister of Education, Local Government and Industries of the North Western Province under Section 184 to be read with Section 171 of the Pradeshiya Sabha Act, No. 15 of 1987, to be read with Provincial Councils (Incidental Provisions) Act, No. 12 of 1989.

REGULATIONS 

01. These regulations are cited as (Allowances for Members) Regulations 1991 of the Pradeshiya Sabha in the North-Western Province.

 

02. The monthly allowances payable to Chairman, Vice-Chairman or Members of Pradeshiya Sabhas in the North Western Province for performing their duties of the Sabhas, shall be within the limits decided by the Sabha, subject to the maximums given below, and shall be effective from 01st of July, 1991 :-

Rs. ,(a) Chairman4,000(b) Vice-Chairman2,000(c) Member1,500

 

03. In paying these allowances, the Sabha should be satisfied that the Chairman, Vice-Chairman or the members concerned do participate sufficiently in the activities of the Sabha.
Gamini Jayawickrama Perera, Chief Minister and Minister of Education, Local Government and Industries.
Chief Minister’s Office, North Western Province, Kurunegala, 19th December, 1991.
01-215/3

PROVINCIAL COUNCIL OF THE NORTH WESTERN PROVINCE

Finance (Draft) Statute

IT is hereby notified for general information that the Finance (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 Gazette. Any person interested in making any representation on the provisions thereof should address me during the said period of ten days.
Gamini Jayawickrama Perera, Chief Minister, North Western Province and Provincial Minister for Education, Local Government and Industries.
Office of the Chief Minister, North Western Province, Kurunegala, 04th December, 1991.

A DRAFT STATUTE TO AMEND THE FINANCE STATUTE OF THE PROVINCE No.of…………………… 

Be it enacted by the Provincial Council of North Western Province of the Democratic Socialist Republic of Sri Lanka as follows:-

 

Short title.
1. This Statute may be cited as the Finance (Amendment) Statute of the Province, No. of……………

 

Amendment of section 37 of the Principal Statute.
2. Section 37 of the Finance Statute of the Province, No. 8 of 1990 (hereinafter referred to as the “Principal Statute” )is hereby amended-in paragraph (c) thereof by the substitution for the words” every transfer” of the words “every instrument of transfer”.

 

Amendment of Section 39 of the Principal Statute.

3. Section 39 of the Principal Statute is hereby amended in paragraph (5) thereof, by the substitution for subparagraph (f) of the following subparagraph :-

“(f) all documents filled by or on behalf of any person who is certified by the Administrator of the Legal Aid Scheme approved under the Legal Aid Law, No. 27 of 1978 or any officer duly authorised by him in that behalf as suing, defending or intervening with legal aid provided under the said Legal Aid Law”.

 

Amendment of section 40 of the Principal Statute.
4. Section 40 of the Principal Statute is hereby amended in Subsection (2) thereof by the repeal of the following words :-” provided that in every such case the notary attesting the instrument shall certify on the deed the reasons therefor”

 

Amendment of Section 41 of the Principal Statute.
5. Section 41 of the Principal Statute is hereby amended in Sub-section (3) thereof by the substitution for the words “has been cancelled in the manner set out in ” of the words “has not been cancelled in the manner set out in.”

 

Insertion of new section 43A in the Principal Statute.

6. The following new section is hereby inserted immediately after section 43, and shall have effect as section 43 A, of the Principal Statute :-

“Stamp Duty in respect of property situated within more than one Province.

43A. Where and instrument relates to –

(a) a transfer of any immovable property, a part of which is situated within the limits of the Province
and the other Part within the limits of any one or more of the other Provinces, such instrument
shall be deemed to the duly stamped in respect of such property, if such instrument is stamped
either with the stamp duty chargeable thereon under this Statute, and in the manner provided
therein, or with the stamp duty chargeable thereon under the Finance Statute of the other
Province or Provinces, as the case may be, within the limits of which the other part of such
property, is situated, and in the manner Provided in that Statute; or
(b) a transfer of immovable properties one of which is or more than one of which are, situated within
the limits of the Province and the other property or properties within the limits of one or more
of the other Provinces, such instrument shall be deemed to be duly stamped in respect of such
property if such instrument is stamped either with the stamp duty chargeable thereon under
this Statute, and in the manner provided therein, or with the stamp duty chargeable thereon
under the Finance Statute of the other Province or Provinces, as the case may be within the
limits of which the other property or properties are situated, and in the manner provided in
that Statute.”

 

Amendment of
Section 45 of the Principal Statute.
7. Section 45 of the Principal Statute is hereby amended by the substitution for the words ” stamps to the value of two rupees” of the words” stamps to the value of one rupee or such stamp duty of one rupee may be paid to a prescribed bank in the manner set out in Sub section (2) of section 40″. – .

 

Amendment of.
Section 46 of the Principal Statute.

8. Section 46 of the Principal Statute is hereby amended-

(a) in Sub section (1) thereof by the substitution for the words “any court on the following conditions”, of the words ” any court in proceedings instituted in such court subject to the following conditions”; and
(b) in subsection (2) thereof by the substitution for the words “payment of such stamp duty has been compounded in accordance with this section” of the words, “Payment of such stamp duty has been compounded in accordance with this section ” and thereafter such document shall be deemed to be duly stamped.”

 

Amendment of Section 47 of the
Principal Statute.
9. Section 47 of the Principal Statute is hereby amended in Sub section (1) thereof by the substitution for the
words “otherwise provided in this any other enactment” of the words ” otherwise provided in this Statute or any other enactment.”

 

Amendment of Section 48 of the Principal Statute.
10. Section 48 of the Principal Statute is hereby amended by repealing Sub section (4) of that section as
amended by Section 5 of Finance (amendment) Statute No. 2 of 1991. . .

 

Amendment of Section 50 of the
Principal Statute..
11. Section 50 of the Principal Statute is hereby amended by the substitution for the words “would chargeable”
of the words “would be chargeable”.

 

Amendment of Section 51 of the Principal Statute,

12. Section 51 of the Principal Statute is hereby repealed and the following section substituted therefor:-

“Duty by whom payable”.

51. Except where there is an agreement to the contrary, stamp duty shall be payable-

(a) in the case of an instrument of transfer, by the grantee ; and.
(b) in the case of any other instrument, by the person drawing, making or executing that instrument.”

 

Amendment of Section 52 of the Principal Statute.
13. Section52 of the Principal Statute is hereby amended in Sub section (4) thereof, by the substitution for the words “things as such deceased person would be chargeable”, of the words “things as such deceased person would be liable to do under this Statute if he were alive and shall be chargeable”.

 

Amendment of Section 63 of the Principal Statute.
14. Section 63 of the Principal Statute is hereby amended by the Substitution for the words “which it relates is chargeable as relieved from”, of the words “which it relates is chargeable be relieved from”.

 

Amendment of Section 64 of the Principal Statute.
15. Section 64 of the Principal Statute is hereby amended in Sub section (2) thereof by the substitution for the words “otherwise and may be acted up on and registered as it had been originally duly stamped;” of the words “otherwise and may be acted upon and registered as if it had been originally duly stamped.”

 

Insertion of a new Sub-section in Section 65 of the Principal Statute.

16. Section 65 of the Principal Statute is hereby amended by the insertion of the following new Sub section immediately after Sub section (3) thereof:-

“(4) For the purposes of this section, the expression “stamp” includes an adhesive stamp, an impressed stamp or a certificate of payment of stamp duty issued under Section 40 (2).”

 

Insertion of a new Sub section in -section 66 of the Principal Statute.

17. Section 66 of the Principal Statute is hereby amended by the insertion of the following new Sub section immediately after Sub section (2) thereof:-

“(3) For the purposes of this section, the expression “stamp” includes an adhesive stamp, an impressed stamp or a certificate of payment of stamp duty issued under Section 40 (2).”

 

Amendment of Section 68 of the Principal Statute.
18. Section 68 of the Principal Statute is hereby amended-
(a) by the renumbering of section 68 as section 68 (1); and

(b) by the insertion immediately after the renumbered Sub section of the following new Sub section.

 

“(2) For the purposes of Sub section (1), the expression “stamp” includes an adhesive stamp, an impressed stamp, or a certificate of payment of stamp duty issued under Section 40 (2)”.

 

Repealing of section 69 of the Principal Statute.
19. The Principal Statute is hereby amended by repealing Section 69 of that Statute.

 

Amendment of section 73 of the Principal Statute.
20. Section 73 of the Principal Statute is hereby amended in Sub-section (7) thereof by the substitution for the words and figure “Sub-section 5 a notice or assessment shall not be” of the words and figure “Sub-section (6) a notice or assessment shall not be.”

 

Amendment of section 78 of the Principal Statute.
21. Section 78 of the Principal Statute is hereby amended –

(a) by the repeal of Sub-section (4) thereof and substitution of the following Sub-section therefor:-

” (4) When stamp duty is paid on an instrument in the manner set out in subsection (2) or (3) of section 40 the Notary Public who attests such instrument shall certify in his attestation that the certificate of payment issued by the, bank under subsection (2) of section 40 has been duly affixed to the duplicate of such instrument or that such instrument has been endorsed by the commissioner in the manner set out in Sub-section (3) of section 40; and

(b) by the insertion of the following new Sub-section as subsection (5) immediately after subsection (4) thereof:-

” (5) An instrument or document which is chargeable with stamp duty under this Statute and which was duly stamp during the period 1st January, 1991 to the date on which this Statute comes into force either in accordance with the provisions of the Stamp Duty Act, No. 43 of 1982 or in accordance with the provisions of this Statute shall be deemed to be duly stamped.”

 

Amendment of Chapter XXXI of the Principal Statute.
22. The caption of Chapter XXXI of the Principal Statute is hereby amended by the Substitution for the words “COURT FINES” of the words : “COURT FINES AND FEES”.

 

Replacement of section 99 of the principal Statute.

23. Section 99 of the Principal Statute is hereby repealed and the following sections substituted therefor:-

Court fines and fees.
99(1). All fines in respect of offences imposed by a court of” law exercising jurisdiction within the Province and paid into court, other than fines imposed for the recovery of tax, charges or other levies under any written law, shall, subject to any direction which a court of law may make with regard to any payment to be made out of such fines in terms of any written law, be credited to the Provincial Fund of the Province.
(2) All fees collected by a court of law exercising jurisdiction within the Province shall be credited to the Provincial Fund of the Province.

 

Amendment of section 103 of the Principal Statute.
24. Section 103 of the Principal Statute as amended by Section 9 of Finance (Amendment) Statute No. 2 of 1991 is hereby further amended by the substitution for the words “forms and register of transactions to be used for all or any of the purposes of this Statute” of the words ” forms and register of transactions to be used for all or any of the purposes of this Statute”.

 

Amendment of section 106 of the Principal Statute.

25. Section 106 of the Principal Statute is hereby amended as follows:- .

(a) by the substitution for the words “this Act” of the words ” this Statute”;
(b) in the definition of “Assessor” by the substitution for the words “that Act” of the words “this Statute”;
(c) in the definition of” authorised representative”-
(i) by the substitution for the word “Act” in paragraph (1) thereof of the word “Statute”; and

(ii) by the repeal of paragraph (2) thereof and substitution of the following paragraph therefor-

” (2) who is authorised in writing from time to time by a person to act on his behalf for the purposes of this Statute in respect of such matters as are specified in the authorization and who, being an individual registered as an auditor under the Companies (Auditors) regulations, is approved by the Commissioner or is an individual approved by the Commissioner General of Inland Revenue for the purpose of the Inland Revenue Act, No. 28 of 1979 under regulations made under that Act in that behalf;
(d) in the definition of “chargeable” by the substitution for the words “in relation to an instrument executed” of the words “in relation to an instrument executed” ; or
(e) in the definition of “die” by the substitution for the words “includes any plate, type, tool or implement a”……………………of the words “includes any plate, type, tool or implement or a” therefor;
(f) in the definition of “document” by the substitution for all the words from “recognizance”, to the end of that definition, of the words “or recognizance”;
(g) in the definition of “duly stamped” by the substitution for the words “stamp or a certificate of endorsement of not less” of the words “stamp or a certificate of endorsement or has been affixed thereto a certificate of payment of not less”;

(h) in the definition of ” instrument” by the substitution for all the words from the word “includes” to the word “recorded” of the following words:-

“includes every document relating to a transfer of immovable property in the Province or a transfer of a motor vehicle affected in the Province”;
(i) in the definition of “person” by the addition of the words “or any Government Department” immediately after the words “body of persons”;
(j) in the definition of “power of attorney” by the substitution for the words ” a specified person to act for and of the person” of the words “a specified person to act for and in the name of the person”;

(k) by the insertion of the following new definition immediately after the definition of “Quarter”:-

“Transfer” means a salt and includes a gift or an exchange or a conveyance of a property, without consideration, by an executor or an administrator of an estate of a deceased to a person beneficially entitled to such properly or to a trustee appointed under the will of the deceased, or by a trustee to a beneficiary or a conveyance, without consideration, by a trustee or the executor or administrator of a deceased trustee to a surviving trustee or to anew trustee but does not include a deed of partition of any land held in common or an agreement to transfer; and

(l) by the insertion of the following new definition immediately after the definition of “Trustee” thereof , “value” with reference –

(a) to any property (other than immovable property which is gifted) and to any date, means the price which in the opinion of the Assessor, that property would have fetched in the open market on that date ;

(b) to any immovable property which is gifted, being immovable property which was acquired by the donor on or before March 31,1977 means –

(i) the price which, in the opinion of the Assessor, that property would have fetched if sold in the open Market on March 31, 1977 increased by an amount equal to the cost of the improvements, alterations and additions, if any, made to such property after M arch 31,1977 and prior to the date of the instrument by which such property is gifted ; or
(ii) the price which, in the opinion of the Assessor, that property would have fetched if sold in the open market on the date of the instrument by which such property is gifted,
whichever price is the lower ;

(c) to any immovable property which is gifted, being immovable property which was acquired by the donor after March 31,1977 means –

(i) the price which, in the opinion of the Assessor, that property would have fetched if sold in the open market on the date on which such property was acquired by the donor, increased by an amount equal to the cost of the improvements, alterations and additions, if any, made to such property ‘ after the date on which the property was acquired by the donor, and prior to the date of the instrument by which such property is gifted; or
(ii) the price which, in the opinion of the Assessor, that property would have fetched, if sold in the open market on the date of the instrument by which such property was gifted,
whichever price is the lower”.

 

Sinhala text to prevail in the event of an inconsistency.
26. In the event of an inconsistency between the Sinhala and Tamil text of this Statute, the Sinhala text shall
prevail.

PROVINCIAL COUNCIL OF THE NORTH WESTERN PROVINCE

Janakala Foundation (Draft) Statute

FT is hereby notified for general information that the Janakala Foundation (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 Gazette. Any person interested in making any representation on the provisions thereof should address me during the said period of ten days.
Gamini Jayawickrama Perera,
Chief Minister, North Western Province and Provincial Minister for Education, Local Government and Industries.
Office of the Chief Minister, North Western Province, Kurunegala, . 04th December, 1991.

JANAKALA FOUNDATION DRAFT STATUTE OF THE NORTH WESTERN PROVINCIAL COUNCIL

 

A statute to provide for the establishment of the Janakala Foundation of the North Western Province 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 Sri Lanka.

 

Short title and date of operation
1. This Statute may be cited as the Janakala Foundation Statute and shall come into operation on such date as may be appointed by the Chief Minister of the North Western Province by order published in the Gazette.

Part ICOMPOSITION, OBJECTS, POWERS AND FUNCTIONS OF THE JANAKALA FOUNDATION

 

Janakala Foundation
2. There shall be established a Foundation which shall be called the Janakala Foundation of the North Western Province and hereinafter in this Statute referred to as the Foundation.

 

Foundation to be body corporate
3. The Foundation shall by the name assigned to it by Section 2 be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

 

Objects of the Foundation

4. The objects of the foundation shall be :-

(a) To assist in the production and development of rural industries in the North Western Province, to provide for training, advisory service, supply of raw materials and provide for marketing facilities ;
(b) To establish centres for training, production, marketing and purchasing to realise the objects referred to in para (a) above;
(c) To bring all institutions related to rural industrial field to one centre and provide facilities to those engaged in this field at this centre and to provide services for those interested in this field; without prejudice to the function and powers of the National Arts Council, established under Act, No. 18 of 1952 and the National Arts Council MAHANUWARA established under Act, No. 5 of 1980.

 

Advising the
5. It shall be the duty of the foundation to advise the Chief Minister and the Ministers in charge of relevant subject on any matter or all matters referred to in Section 4 and on any other matter that may be referred to the Foundation by the Chief Minister.

 

Foundation to exercise its powers to carry out its objects

6. The Foundation shall have such powers, rights, and functions as may reasonably be necessary to carry out its objects and duties and in particular may,

(a) acquire by purchase or otherwise and hold, take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of, any moveable and immoveable property ;
(b) establish and maintain premises at which training in arts and crafts, vocational training, marketing and other activities connected with carrying out the objects of the Foundation shall take place ;
(c) enter into joint venture agreements or contractual agreements or collaborative agreements with international foreign or national organization in order to carry out the object of the foundation ;
(d) conduct assist in, co-ordinate and encourage activities leading to promotion and improvement of arts and crafts and especially the quality of products produced by this sector;
(e) levy fees or charges for any services rendered by the Foundation;
(f) pay fees or charges for any services rendered to the Foundation ;
(g) appoint employ, remunerate and exercise disciplinary control over its employees ;
(h) make rules in respect of its employees including the appointment training, promotion, remuneration disciplinary control, conduct and grant of leave
(i) establish work standards for its employees, evaluate performance and take corrective actions thereon;
(j) import plant machinery, equipment and material required for the purpose of the Foundation and receive material, equipment, funds, personnel and any other assistance for carrying out the objects of the Foundation.

 

Agencies, departments and divisions of the Foundation
7. The Foundation may establish and maintain such number of departments, divisions or agencies of the foundation as it may deem necessary for the proper and affective conduct of its business.

Part IIBOARD OF THE FOUNDATION

 

Board of the foundation

8. (1) There shall be a Board of Directors of the Foundation and this Board shall consist of three ex-officio members and four nominated members.

(2) The three ex-officier members shall be: The Chief Secretary of the Provincial Council, North Western Province The Secretary So Chief Minister The Sector Secretary to the Provincial Ministry in charge of the subject of Cultural Affairs.
(3) The four nominated members shall be appointed by the Chief Minister at his discretion.

 

Disqualification
9. A Provincial Council Member or Member of Parliament shall not be qualified to be a member of the Board of Directors.

 

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

 

Appointment of acting members
11. If any member is temporarily unable to discharge the duties of his office on account of ill health, absence from Sri Lanka or any other cause, the Chief Minister may, subject to the requirement of Section 9., appoint some other person to act as member in his place.

 

Resignation and removal of
nominated member

12.

(1) A nominated member may resign office by letter addressed to the Chief Minister.
(2) The Chief Minister may, if he thinks it expedient to do so, remove a nominated member from office.

 

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

 

Chairman and Vice-Chairman of the Board

14.

(1) The Chief Secretary of the North Western Province shall be the Chairman of the Board of Directors.
(2) The Chief Minister shall appoint from among the other members of the Board a Vice-Chairman who shall act on behalf of the Chairman during his absence.
(3) Where both the Chairman and the v ice-Chairman are temporarily unable to perform the duties of their office for any of the reasons stated in Section 11., the Chief Minister shall appoint an acting Chairman from among the Board members present.
(4) 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

(1) The meeting of the Board of Directors shall be held once at least every month.
(2) Meetings of the Board of Directors shall be presided over by the Chairman or the Vice-Chairman or an
acting Chairman appointed in accordance with Section 14 (3).
(3) 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 meeting
(4) The Chairman shall summon a special meeting of the Board within seven days after being requested in
writing to do so by at least two members of the Board.

 

Quorum for meetings of the Bond
16. The quorum for any meeting of the Board shall be four, inclusive of the presiding Chairman at such meeting.

 

Procedure at meetings of the Board cedure in regard to

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

 

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

 

Remuneration of members of the Board

19. 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 Foundation

20

(1) The common seal of the Foundation shall be in the custody of such person as the Board may decide
from time to time.
(2) The seal of the Foundation may be altered in such manner as may be determined by the Board.

(3) The seal of the Foundation shall not be affixed to any instrument or document except in the presence of
two members of the Board both of whom shall sign the instrument or document in token of their presence.

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

 

Chief Minister’s Direction to the Board

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

 

Delegation of duties functions and powers by the Board

22.

(1) The Board may delegate to any member or employee of the Foundation such duties, functions and
powers as may be determined by the Board.

(2)The Board of Directions may appoint Committees, Sub-committees, and Advisory Boards to whom special
subjects or any of the duties, functions and power of the Board of Directors may be delegated.

(3)Every delegate or group of delegates appointed under Sub-sections (i) and (2) shall exercise or perform
the power, duty or function delegated to them subject to the general or special direction of the Board of Directors.

Part IIICHIEF EXECUTIVE AND OTHER STAFF OF THE FOUNDATION

 

Chief Executive of the Foundation
23
(1) The Board of Directors shall appoint a person suitably qualified in relation to the work as Chief
Executive of the Foundation who shall be a full-time employee of the foundation and hereinafter in this Statute referred
to as the Managing Director.
(2) The Managing Director may be paid such remuneration as may be determined by the Board of Directors
with the concurrence of the Chief Minister.

 

Powers, functions and duties of the Managing Director

24

(1) The Managing Director shall be the Secretary to the Board of Directors, but shall not have a vote at Board meetings
(2) The Managing Director shall be responsible for all matters pertaining to day-to-day administration of the
Foundation. Such matters shall, subject to the other provisions of this Statute, include,
(a) advancing the skills of persons employed by the Foundation;
(b) improving the efficiency of the foundation and the effectiveness in achieving the objects of the Foundation;
(c) organizing such services as are necessary to achieve the objects of the Foundation.
(3) In addition, the managing Director shall execute or perform such powers, functions and duties as may be
delegated to him by the Board of Directors.

 

Other stiff of the Foundation

25. Subject to the other provisions of this Statute, the Board of Directors may,

(a) appoint, dismiss and exercise disciplinary control over the staff of the Foundation;
(b) fix the wages or salary or other remuneration of such staff;
(c) determine the terms and conditions of service for such staff.

Part IVFinance and Accounts

 

Fund of the
Foundation
26, The Foundation shall have its own fund.

 

There shall be credited to the fund of the Foundation;

(i) All such sums of money as may be voted from time to time by the Provincial Council for the use of the Foundations; and
(ii) All sums of money received by the foundation in exercise, discharge and performance of its powers, functions and duties.

 

Foundation to utilize its Fund
27. The fund of the foundation may be utilized for the purpose of carrying out its objects or in the exercise, discharge end performance of its powers, functions and duties under this Statute or any other written law.

 

Accounts of the Foundation
28. The Foundation 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 statements of accounts and statistics relating to its business, in such form and containing such particulars as the Chief Minister may determine.

 

Financial year of the Foundation
29.The financial year of the Foundation shall be from 1st January to 31st December.

 

Audit of the Foundation

30.

(1)The accounts of the Foundation in respect of each financial year shall be audited by the qualified auditor and the Board shall publish and annual statement of accounts.
(2) For the purpose of meeting the expenses incurred by him in auditing the accounts of the Foundation, the shall be paid from the funds of the Foundation such remuneration as the Chief Minister may determine.

(3) 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, posseses a certificate to practise 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 practise as an Accountant issued by the Council of that Institute.

 

The Auditor’s report and the report of the annual activities of the Foundation to be transmitted to the Chief Minister
31. The Board of Directors shall, on the receipt of the audited accounts each year, transmit such report and such accounts together with the statement by the Board of the activities of the Foundation during he financial year to which such report relates, to the Chief 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 foundation to which the accounts relate.

Part V
General

 

Regulations

32.

(1) The Chief Minister may take regulations for the purpose of carrying out or giving effect to the principles and provisions of the 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.
(2) Every regulation made by the Chief Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified therein.
(3) Every regulation made by the Chief Minister shall as soon as convenient after its publication in the Gazette, be brought before the Provincial Council for approval. Any such regulation which is not so approved shall be deemed to be rescinded as, from she date of dis-approval but without prejudice to anything previously done thereunder. Notification of the date on which any regulation made by the Chief Minister is so deemed to be rescinded shall be published in the Gazette.

 

Rules
33. The Foundation may make rules in respect of all or any of the matters for which rules are authorised or required by this Statute to be made. No rule made by the Foundation shall have effect until it is approved by the Board of Directors.

 

Acquisition of
immoveable property
34. Where any immoveable property is required to be acquired for the purpose of the Foundations, such property may be acquired by the Government upon application made to the Government by the Council on behalf of the Foundation and any sum payable for the acquisition of such property shall be paid from the fund of the Foundation.

 

State property, moveable and
immoveable
35. Where any moveable or immoveable property of the State is required for the purpose of the Foundation, application should be made by the Foundation for such purpose to the Chief Minister.

 

State to make
available premises etc. for the use of the Foundation
36. The State may provide for the use of the Foundation such land, building and other facilities as may be deemed necessary.

 

Power of companies, and to enter into contracts with the Foundation
37. Any public authority of other body of persons (whether corporate or unincorporate) may, notwithstanding any thing to the contrary in any written law or instrument relating to its functions, enter into and perform all such contracts with the Foundation as may be necessary for the exercise, discharge or performance of the powers, functions and duties of the Foundation.

 

Employees of the Foundation deemed to be public servants
38. All employees of the Foundation shall deemed to be public servants within the meaning and for the purpose of the Penal Code.

 

Secrecy
39. No member of the Board or any staff of the Foundation shall disclose to any person except to the Chief Minister, or for the purpose of the performance of his 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 take under this Statute
40. No suit or prosecution shall lie against the Board Members or Officers and other staff of the Foundation for any act which in good faith is done or purported to be done under this Statute.

 

41. Interpretation

In this statute, unless otherwise stated :-

“Governor” means the Governor of the North Western Province

 

“Chief Minister” means the Chief Minister of the North Western Province.

 

“Secretary” means the Secretary of the Chief Ministry

 

“Approved Bank” means the Bank of Ceylon and the Peoples’ Bank.

 

“Fund” means the WAYAMBA JANAKALA FOUNDATION FUND

 

“Council” means the Provincial Council of the North Western Province.

PROVINCIAL COUNCIL OF THE NORTH WESTERN PROVINCE
Appropriation (Draft) Statute

 

IT is hereby notified for general information that the Appropriation (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 Gazette. Any person interested in the making any representation on the provisions thereof should address me during the said period of ten days.
Gamini Jayawickrama Perera,
Chief Minister, North Western Province
and Provincial Minister for Education,
Local Government and Industries.
Office of the Chief Minister,
North Western Province,
Kurunegala,
04th December, 1991. .

PROVINCIAL COUNCIL OF THE NORTH WESTERN PROVINCE
Appropriation Draft Statute

 

A Statute to provide for the services of the Financial Year, 1992, to authorize the accepting of Grants from
the Sri Lanka Government, and raising of loans in or outside Sri Lanka for the purpose of such service, to make financial
provision in respect of certain activities of the provincial council during that financial year to enable the payment, by
the way of advances out of the provincial fund or any other fund or moneys required during that financial year for
expenditure on such activities, to provide for the refund of such moneys to the Provincial Fund and to make provision
for matters connected with, or incidental to, the aforesaid matters.

 

Be it enacted by the Provincial Council of the North Western Province of the Democratic Socialist Republic
of Sri Lanka as follows :-

 

Short Title.
1.This Statute may be cited as the Appropriation Statute No. …of 1991.

 

Appropriated for financial year 1992

2.

(1) Without prejudice to any other law authorizing any expenditure, the expenditure of the Provincial Council, which it is estimated will be rupees one thousand seven hundred and forty six million and seven hundred and fifty four thousand five hundred for the service of the period beginning on January, 1,1992 and ending on December 31,1992 in this statute referred to as the “financial year 1992 “shall be met

(a) from payment which are hereby authorized to be made out of the Provincial Fund or any other fund or money of, or at the disposal of, the Provincial Council, and
(b)from the proceeds of loans which are here by authorized to be raised, whether in or outside SriLanka, for and on behalf of the Provincial Council.
The sum of rupees one thousand seven hundred and forty six million and seven hundred and fifty four thousand five hundred to may be expended as specified in the First Schedule to this statute.
(2) The provision of Sub-section (1) of this section shall have effect without prejudice to the provisions or any
other written law authorizing the raising of loans for and on behalf of the Provincial Council.

 

Financial provision in respect of certain activities of the Provincial Council for the financial year 1992.

3.

(1) The receipts of the Provincial Council during the financial year 1992, from each activity specified in column I of the Second Schedule to this Statute shall be credited to the account of. such activity, and the aggregate or receipts so credited shall not less than the minimum limit specified in the corresponding entry in column III of that Schedule. The net surplus, if any, or such activity, shall be paid to the Provincial Fund before the expiry of six months after the close of the financial year, 1992.

(2) For the purpose of determining the net surplus under Sub section (1), the following charges shall be set off against the revenue of each activity :-

(a) the working, establishment and other expenses of the activity whether paid or accrued properly chargeable to the revenue of the activity, and
(b) provision to the cover the depreciation of the movable and immovable property of the activity.
(3) The expenditure incurred by the Council, during the financial year, 1992, on each activity specified in column 1 of the Second Schedule to this Statute shall be paid out of the receipt of the Provincial Council from such activity during that financial year, but such expenditure shall not exceed the maximum limit specified in the corresponding entry in column 11 of that Schedule.
(4) The debt balance, outstanding at the end of the financial year, 1992, of any activity specified in column
1 of the Second Schedule of this Statute shall not exceed in column IV of that Schedule, and the total
liabilities of that activity at the end of that financial year shall not exceed the maximum limit specified
in the corresponding entry in column V of that Schedule.

 

Payment from the Provincial Fund, or any other fund or moneys of, or at the disposal of the Council, of advances for expenditure on the activities referred to in section 3 during the financial year 1992.

4. Whenever at any time during the financial year, 1992, the receipts of the Provincial Council from that
activity specified in column 1 of the second Schedule to this statute are insufficient to meet the expenditure incurred
by the Provincial Council on such activity, the Chief Minister may, from time to time, be Order direct that such sums
as he may deem necessary to meet such expenditure shall be payable, by way of advances, out of the Provincial Fund
or any other fund or moneys of, or at the disposal of, the Provincial Council, so however, that the aggregate of the sums
so advanced does not exceed the maximum limit of expenditure specified in the corresponding entry in column 11 of
that Schedule. Any sums so advanced in respect of such activity shall be refunded to the Provincial Fund in such manner
as the Chief minister may by Order direct.

 

Power to transfer unexpended moneys allocated to recurrent expenditure to another allocation within the same programme or to another Programme under the same Head of Expenditure.

5.

(1) Any moneys which, by virtue of the provisions of the First Schedule to this Statute, have been allocated
to Recurrent Expenditure under any programme appearing under any head specified in that Schedule, but have not been
expended or are not likely to expended, may be transferred to the allocation of Capital Expenditure within that
Programme, or to the allocation of Recurrent Expenditure or Capital Expenditure or Capital Expenditure under any
other Programme within that Head by Order of the Chief Secretary or any other officer authorized by him.

(2) No moneys allocated to Capital Expenditure under any Programme appearing under any Head specified
in the First Schedule to this Statute shall be transferred out of that allocation.

 

Power of Chief
Minister to Limit expenditure previously authorized.

6. Where the Chief Minister is satisfied

(1) That receipts from tax and other sources will be less than amounts anticipated to finance authorized
expenditure; or
(2) That amounts originally appropriated for a particular purpose or purposes are no longer required.

he may, with the approval of the Provincial Council, withdraw in whole, or in part, any amount previously
released for expenditure under authority of a warrant issued by him from the Provincial Fund or from any other fund
or moneys of, or at the disposal of the Provincial Council.

 

Power of Chief
Minister to vary the maximum and minimum limits specified in the Second Schedule to this Statute.

7. The Chief Minister with the approval of the Provincial Council, may on or before May 31,1993, by Order,
vary or alter-

(a) any of the maximum limit specified in column II, column IV and V of the Second Schedule to this Statute.
(b) the minimum limit specified in column III of the Second Schedule, to this Statute.
No Order may be No Order made under this section shall have effect unless it has been approved by Council,
by resolution.

Any such Order shall, if so expressed therein, be deemed to have had effect from such date prior to the date
of making such Order as may be specified therein.

 

Power of Council to amend the Second Schedule to this Statute.
8. Council may, by resolution, amend the Second Schedule to this Statute, by adding to the appropriate
columns of that Schedule any activity and-
(a) all or any of the maximum limits relating to such activity.
(b) the minimum limit relating to such activity.

SCHEDULES