Road Development Authority

(1) There shall be established an Authority which shall be called the Road Development Authority (herein after referred to as the “Authority”).

(2) The Authority shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued In that name.

(3) The Authority may, with the prior approval of the Minister, establish and maintain branch offices.

(1) The Authority shall consist of the following members:

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

(3) A person shall be disqualified from being appointed or continuing as a member of the Authority if he is or becomes a Member of Parliament.

(4) Before appointing a person to be a member of the Authority, the Minister shall satisfy himself that such person has no financial or other interest as is likely to affect prejudicially the discharge by such person of his functions as a member of the Authority. The Minister shall also satisfy himself, from time to time, that no member of the Authority has any such interest. Any person who is appointed by the Minister, or whom the Minister proposes to appoint, as a member of the Authority shall, whenever requested by the Minister so to do, furnish to the Minister such information as the Minister considers necessary for the performance by him of his, duties under this subsection.

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

(6) Every appointed member of the Authority shall, subject to the provisions of subsections (8) and (9), hold office for such term not exceeding three years reckoned from the date of his appointment as the Minister may at the time of appointment determine, and unless he has been removed from office under subsection (8) shall be eligible for reappointment:

Provided that a member appointed by the Minister to fill a vacancy in the office of an appointed member of the Authority shall, unless he vacates office earlier, hold office for the unexpired portion of the term of office of the member whom he succeeds.

(7) Subject to the provisions of subsection (9), the term of office of the Chairman shall be the period of his member ship of the Authority.

(8) The Minister may, by Order published in the Gazette, remove any appointed member from office without assigning any reason therefor and such removal shall not be called in question in any court.

(9) A member of the Authority in respect of whom an Order under subsection (8) is made by the Minister shall vacate his office on the date of publication of such Order in the Gazette.

(10) An appointed member of the Authority may at any time resign his office as a member, or Chairman, by a letter in that behalf addressed to the Minister.

(11) Where any member of the Authority is temporarily unable to perform the duties of his office on account of ill health, other infirmity, absence from Sri Lanka or any other cause, then

(12) Where the Chairman of the Authority is temporarily unable to perform the duties of his office due to ill health, other infirmity, absence from Sri Lanka or any other cause, the Minister may appoint any other appointed member to act as Chairman.

(13) All or any of the members of the Authority may be paid such remuneration, allowances, and other expenses out of the funds of the Authority, as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(1) The Chairman of the Authority shall preside at every meeting of the Authority at which he is present. In the absence of the Chairman at any meeting of the Authority, any member elected by the members present shall preside at such meeting.

(2) The Authority shall meet whenever it considers it necessary.

(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 five members.

(5) The Authority may act notwithstanding any vacancy among its members and any act or proceeding of the Authority shall not be or be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment or nomination of a member thereof.

(6) Subject to the provisions of this Act, the Authority may make rules for the procedure in regard to the meeting of the Authority and the transaction of business at such meetings.

(1) The seal of the Authority shall be in the custody of the Chairman of the Authority.

(2) The seal of the Authority may be altered in such manner as may be determined by the Authority.

(3) The seal of the Authority shall not be affixed to any instrument or document except in the presence of two members of the Authority one of whom shall be the Chairman of the Authority. Both such members shall sign such instrument or document in taken of their presence.

(1) The Authority may establish committees consisting of such number of persons for the proper exercise, discharge and performance of its powers, functions and duties.

(2) The Authority may delegate to such committees such of its powers, functions and duties as may be determined by the Authority.

(3) Every committee established under subsection (1) shall determine the quorum for and the procedure to be followed at the meeting of such committee.

(1) There shall be established a Road Development Advisory Council (hereinafter referred to as ” the Council”) consisting of the following members :

(2) It shall be the function of the Council

(3) Every appointed member of the Council shall hold office for a period of three years, unless he earlier vacates office by death, resignation or removal.

(4) The Minister may, if he considers it expedient to do so, by Order published in the Gazette, remove from office any appointed member of the Council without assigning any reason therefor and such removal shall not be called in question in any court.

(5) An appointed member may at any time resign his office by letter to that effect addressed to the Minister.

(6) If an appointed member of the Council dies or resigns or is removed from office, the Minister may, having regard to the provisions of paragraph (m) of subsection (1), appoint any other person to be a member in place of the member who dies, resigns or is removed from office.

(7) A member who has been appointed under subsection (6) shall, unless he earlier vacates his office by death, resignation or removal, hold office for the unexpired period of the term of office of his predecessor.

(8) Where an appointed member of the Council is by reason of ill health, other infirmity, absence from Sri Lanka or any other cause 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 so inform the Minister in writing. The Minister may, having regard to the provisions of paragraph (m) of subsection (1), appoint another person to act in the place of such member.

(9) Any appointed member of the Council who vacates office other than by removal shall be eligible for reappointment.

(10) No act or proceeding of the Council shall be invalid by reason only of the existence of any vacancy in the Council or any defect in the appointment of a member of the Council.

(11) A meeting of the Council shall be held at least once in every two months.

(12) The Chairman or in his absence, a member elected by the members present, shall preside at meetings of the Council.

(13) All questions for decision at any meeting of the Council shall be decided by the vote of a majority of the members present. In the case of an equality of votes, the member presiding shall have a casting vote.

(14) The quorum for any meeting of the Council shall be seven members and subject to the provisions of this section, the Council may regulate its own procedure.

(15) The members of the Council shall be remunerated in such manner and at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(1) The Minister may, if he is opinion, having taken into consideration the requirements of local and national planning, that it is expedient to regulate and control road development in any area, by Order published in the Gazette declare such area to be a Road Development Area (hereinafter referred to as a ” development area “).

(2) An Order under subsection (1) declaring an area as a development area shall define that area by setting out the metes and bounds of such area.

(3) Upon the declaration of a development area, no road development work shall be executed, or caused to be executed, by any Government agency or any other person except with the prior written approval of the Authority.

(1) Subject to the provisions of subsection (2) the powers, duties and functions of the Authority, within any development area, shall be

(2) In the exercise, performance and discharge of its powers, duties and functions under subsection (1), when implementing any programme or development work relating to road planning and road development within any development area, it shall be the duty of the Authority to implement such programme or development work in consultation with any Government department, public corporation or local authority, as the case may be.

(1) The Minister may, from time to time, give the Authority general or special directions as to the exercise, discharge and performance by the Authority of its powers, functions and duties and the Authority shall give effect to such directions.

(2) The Minister may, from time to time, direct in writing the Authority to furnish to him, in such form as he may require, returns, accounts and other information with respect to the property and business of the Authority and the Authority shall carry out every such direction.

(1) The Authority shall, with the approval in writing of the Minister, appoint a General Manager of the Authority.

(2) The General Manager shall, subject to the general direction of the Authority on matters of policy, 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 administrative control of the employees of the Authority.

(3) The General Manager may, with the approval in writing of the Authority, delegate in writing to any other employee of the Authority such of his powers, functions or duties as he may from time to time consider necessary, and any employee to whom any such powers, functions or duties are so delegated shall exercise them subject to the general or special directions of the General Manager.

(4) The General Manager may not be removed from office without the prior approval of the Minister.

(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, the Secretary to the Ministry by or under which that officer is employed, 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 relation to 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 or 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 trans action 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.

(4) The initial capital of the Authority shall be one million rupees. The amount of the initial capital shall be paid out of the Consolidated Fund in such installments as the Minister in charge of the subject of Finance may in consultation with the Minister determine and such sums shall be credited to the Fund established under subsection (1).

(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) 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 expense 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 the management of the affairs of the Authority and all or 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 under the control of the Minister is required for the purpose of the Authority, the Minister may, by Order published in the Gazette, transfer to and vest in the Authority the possession and use of such movable property.