URBAN DEVELOPMENT AUTHORITY

(1) With effect from such date as may be fixed by the Minister by Notification published in the Gazette,! there shall be established an Authority which shall be called the Urban Development Authority of Sri Lanka, hereinafter referred to as the ” Authority “.

(2) The Authority shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(1A) There shall be a Chairman of the Authority, who. shall be appointed , by the Minister

(1B) Wherever the expression ” Chairman of the Board” appears in this Law or in any other law for the time being in force, in respect of the Urban Development Authority, there shall be substituted therefor the expression ” Chairman of the Authority”.

(3) The head office of the Authority shall be in Colombo.

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

(1) Where the Minister is of opinion that any area is suitable for development, the Minister may, by Order published in the Gazette, declare such area to be an Urban 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) The Authority shall develop every development area for the better physical and economic utilization of such area.

(1) The management and administration of the affairs of the Authority shall be vested in a Board of Management (hereinafter referred to as ” the Board “) which shall consist of

(2) A person shall be disqualified for nomination, or for continuing, as a member of the Board-

(3) The Chairman and the members nominated by the Minister under paragraphs (a), (m) and (n) of subsection (1) shall subject to the provisions of subsections (4) and (7) hold office for a term of three years but shall be eligible for re-nomination.

(4) The Minister may remove from office the Chairman or any member-

Provided, however, that no member nominated under paragraphs (b) to (Q of subsection (I), shall be removed from office under this subsection without the concurrence of the Minister who nominated such member.

(5) In the event of the vacation of office by the Chairman or any other member of the Board, or his removal from office under the provisions of the preceding subsection, the Minister may nominate another person to hold such office during the unexpired part of the term of office of the member whom he succeeds; Provided, however, that if such vacation of office or removal from office is by, or of, a member nominated under paragraphs (b) to (0 of subsection (1), no nomination shall be made under this subsection without the concurrence of the Minister who nominated such member.

(6) If the Chairman or any member of the Board is temporarily unable to discharge the duties of his office due to ill health or absence from Sri Lanka or for any other cause, the Minister may nominate some other person to act in his place as Chairman or as member: Provided, however, that if the member so unable to discharge the duties of his office is a member nominated under paragraphs (b) (i) of subsection (1), no nomination shall be made under this subsection without the concurrence of the Minister who nominated such member.

(7) The Chairman or any member of the Board may at any time resign his office by letter to that effect addressed to the Minister.

(8) The Minister may, by Order published in the Gazette, remove any member from office without assigning the reason therefor and such removal shall not be called in question in any court; Provided, however, that no member nominated under paragraphs (b) to (i) of Board to subsection (1) shall be removed discharge establish subsection without the concurrence of the Minister who nominated such member.

(9) The Chairman or any member of the Board may be paid such remuneration out of the Fund of the Board, as may be determined by the Minister.

(10) The members nominated under paragraphs (b) to (i) of subsection (1) shall subject to the provisions of subsections (4) and (7) hold office for a term of three years.

(11) The Chairman of the Board shall if present preside at all meetings of the Board. In the absence of the Chairman from any such meeting, the members present shall elect one of the members to preside at the meeting.

(12) The quorum for any meeting of the Board shall be three members and the Board may regulate the procedure in regard to the meetings of such Board and the transaction of business at such meetings.

(13) The Board shall, in the exercise, discharge or performance of its powers, functions or duties under this Law, be subject to such general or special directions as may, from time to time, be issued by the Minister.

(14) A member of the Board who is directly or indirectly interested in any business transacted or proposed to be transacted by the Board shall disclose the nature of such interest at the meeting of the Board where such business is discussed. The disclosure shall be recorded in the minutes of the Board, and such member shall not take part in any deliberation or decision of the Board with regard to that business, and shall withdraw from such meeting while such deliberation is in progress or such decision is being made.

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

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

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

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

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

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

(3) The sea! of the Authority 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.

(1) The Minister may, by Order published in the Gazette, establish an Advisory Committee for each such development area as he may determine.

(2) It shall be the function of each such Advisory Committee to advise the Board on any or all of the matters the Minister considers necessary for the purpose of carrying out or giving effect to the principles and provisions of this Law.

(3) The Minister may appoint to each such Advisory Committee such number of members on such terms and conditions as he shall determine.

(4) Each such Advisory Committee shall have the power to fix and regulate its own procedure including the power to determine the number of members necessary to form a quorum at its meetings. Every member shall hold office for three years unless he earlier resigns, dies or is removed from office.

(5) A member may resign from office by letter to that effect addressed to the Minister.

(6) A member vacating his office by resignation or by the expiration of his term of office shall be eligible for reappointment.

(7) Where a member becomes by reason of illness or other infirmity, or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint another person to act in his place.

(8) The Minister may, if he considers it expedient so to do, remove, by Order published in the Gazette, any member of an Advisory Committee.

(a) to carry out integrated planning and physical development within and among such areas, subject to any directions that may be given to the Authority by the Minister from tune to time;

(b) to implement related programmes of development work, activities and services in such areas that are consistent with integrated planning in such areas, subject to any directions that may be given to the Authority by the Minister from time to time;

(c) to enter into, perform and carry out, whether directly or by way of joint venture with any person in or outside Sri Lanka, all such contracts or agreements as may-be necessary for the purpose of carrying out any development project or scheme, as may be approved by the Government;

(d) to undertake the execution of development projects and schemes as may be approved by the Government;

(e) to enter into any contract with any person for the execution of development projects and schemes as may be approved by the Government;

(f) to undertake the completion of any approved development project or scheme in default by any person failing to complete such project or scheme;

(g) to implement development plans and capital investment plans approved by the Government;

(h) to formulate capital improvement programmes in such areas ;

(i) to formulate and implement an urban land use policy in such areas;

(j) to develop environmental standards and prepare schemes for environmental improvements in such areas;

(k) to carry out building, engineering, and other operations, and undertake any work in connexion with the infrastructure development of such areas;

(l) to acquire and hold any movable or immovable property or dispose of any movable or immovable property acquired or held by it;

(m) to formulate and execute housing schemes in such areas ;

(n) to cause the clearance of slum and shanty areas and to undertake the development of such areas;

(o) to prepare at the request of any Government agency development projects and planning schemes on behalf of such agency and to c6-ordinate and supervise the execution of such projects or schemes;

(p) to approve, co-ordinate, regulate, control or prohibit any development scheme or project, or any development activity, of any Government agency or any other person in such areas;

(q) to provide technical planning services for the benefit of Government agencies or other persons in such areas ;

(r) to regulate any planning projects or schemes prepared by any Government agency or other persons in such areas;

(s) to call upon any Government agency at the direction of the Government to undertake in consultation with the Authority, any development projects or schemes and to regulate the activities of such projects or schemes;

(t) to charge rents or fees for any building or for any services provided by the Authority ;

(u) to accept gifts, grants, donations or subsidies whether in cash or otherwise and to apply them for carrying out any of the objects of the Authority; and

(v) to do all such acts or things as are incidental to or consequential upon the exercise, discharge and performance of its powers, functions and duties under this Law.

(1) With a view to promoting and regulating the integrated planning and physical development of lands and buildings in a development area or part thereof, the Authority shall, having regard to the amenities and services to be provided to the community, prepare a development plan for such development area or part thereof.

(2) Without prejudice to the generality of the powers conferred by subsection (1), a development plan may contain provisions in respect of all or any of the matters provided in the Schedule to this Law.

(1) for the purpose of advising the Authority on all matters pertaining to the preparation, implementation and enforcement of a development plan, there shall be appointed in terms of section 5, a committee (here in after) referred to as the “Planning Committee”).

(2) Rules may be made for the conduct of business by the Planning Committee..

(1)the authority of may for the preparation of a development plan, by notice in writing. require the local authority or local authorities within whose administrative limits the development area or part thereof for which the development plan is being prepared is situate, or any person in such area

(2) It shall be the duty of a local authority or any person who is required to furnish any information by a notice under subsection 11 to comply with such requirement within the time specified in such notice, except when the local authority or person is precluded from furnishing such information under the provisions of any law.

(1) Upon the expiry of the period of sixty days referred to in section 8D, the draft development plan, together with the comments, if any, received thereon under that section, shall be examined by the Planning Committee, and the Planning Committee shall, as soon as practicable after such examination, submit such development plan together with its recommendations thereon, to the Authority.

(2) Upon the submission of the draft development plan to the Authority under subsection (1), the Authority shall transmit such development plan together with its recommendations thereon, to the Minister for approval or modification thereof.

(a) to cause a notice to be published in the Gazette and in a daily newspaper in the Sinhala, Tamil and English languages circulating in the development area or part thereof to which the development plan relates, to the effect that the development plan has been approved by the Minister and that it shall come into operation on the date of the publication of the notice in the Gazette ; and

(b) to cause copies of the development plan, together with the written statement, plans, maps and annex urea thereto, to be available for inspection by the public at the head office of the Authority in Colombo, and at such offices of the Authority, and at the office or offices of the local authority or local authorities, situated in or near the development area or part thereof to which the development plan relates,

(1) The Authority may, at any time after a development plan has come into operation in a development area or part thereof, with the approval of the Minister, amend, replace, revise or modify the development plan in so far as it relates to any particular part or parts of the development area or part thereof, whore such amendment, replacement, revision or modification is necessary or expedient having regard to the amenities and services set out in the development plan-

(2) The provisions of sections 8c, 8D, 8E, 8F and 8a, shall, mutatis mutandis, apply in respect of the amendment, replacement, revision or modification of any development plan under subsection (1).

(1) Notwithstanding the provisions of any other law, no Government agency or any other person shall carry out or engage in any development activity in any development area or part thereof, except under the authority, and in accordance with the terms and conditions, of a permit issued in that behalf by the Authority.

(2) An application, for a permit to carry on’ or engage in any development activity within a development area or part there shall be made to the Authority in. such form shall contain such particulars and by accompanied by such foes as may be prescribed by regulations made under this Law.

(3) A permit under subsection (1) shall be granted by the Authority under that sub section subject to such terms and conditions as the Authority may consider necessary, if the Authority is satisfied that

(4) The Authority may take into consideration the recommendations or the Planning Committee, in granting or refusing to issue a permit under this section.

(5) Any person who is aggrieved by the refusal of the Authority to grant a permit under this section may, subject to regulations made under this Law, appeal to the Minister against such refusal and the decision of the Minister upon any such appeal shall be final.

(6) A permit issued under this section shall be valid for a period of one year :

Provided, however, that the Authority may on application extend the validity of a permit for a further period or periods not exceeding two years if the Authority is satisfied that the development activity referred to in the permit has been commenced but not been completed due to unforeseen circumstances :

Provided further that the expiry of a permit shall not preclude any subsequent application being made for a fresh permit for such purpose.

(1) No development activity shall be carried out or engaged in, in contravention of, or in variance with, the permit issued in that behalf.

(2) Upon the completion of any develops meat activity by any person under the authority of a permit issued in that behalf, it shall be the duty of such person to apply for and obtain a certificate from the Authority; to the effect that the development activity carried out or engaged in, has been done so in conformity with the permit issued therefor.

(3) Upon the receipt of a certificate of conformity under subsection (2), no land or building shall be used for any purpose other than for the purpose specified in the permit issued in that behalf.’.

(4) Any person who occupies or allows to be occupied any building, in contravention of the provisions of subsection (2), shall be guilty of an offence and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding one thousand rupees, and where the offence is a continuing offence to an additional fine of one hundred rupees for each day during which such contravention continues.

(1) Where any building, being a building comprised in a property development project approved under section 22 (B) of the Inland Revenue Act; No. 28 of 1979, is constructed in a development area under, and in accordance, with a permit issued under section 8J, then, notwithstanding anything in the Municipal Councils Ordinance and the Urban Councils Ordinance

(2) Where any building being affected property within the meaning of the Rehabilitation of Persons, Properties and Industries Act, No. 29 of 1987, is redeveloped in, any development area under, and in accordance with, a permit issued under section 8J, then, notwithstanding anything in the Municipal Councils Ordinance and the Urban Councils Ordinance, a remission of fifty per centum of the rates assessed on such redeveloped building under any such Ordinance shall be allowed by the Municipal Council or the Urban Council, as the case may be, for a period of five years calculated from the date of the certificate issued under section 8K in respect of such redevelopment.

(1) The Authority shall have its own Fund. There shall be credited to the Fund of the Authority-

(2) There shall be paid out of the Fund of the Authority all such sums of money required to defray any expenditure incurred by the Authority in the exercise, discharge and performance of its powers, functions and duties.

(3) The initial capital of the Authority shall be one hundred million rupees. The amount of the initial capital shall be paid out of the Consolidated Fund in such instalments 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 provisions of the Public Corporations (Financial Control) Act shall, mutatis mutandis, apply to the financial control of the Authority.

(2) The financial year of the Authority shall be the calendar year.

(1) The Board may, with the Borrowing consent of the Minister, or in accordance powers of with the terms of any general authority given by him, borrow temporarily, by way of overdraft or otherwise, such sums as the Board may require for meeting the obligations of the Authority or discharging its duties under this Law : Provided that the aggregate of the amounts outstanding in respect of any temporary loans raised by the Board under this subsection shall not at any time exceed such sum as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance.

(2) The Board may, with the consent of the Minister given with the concurrence of the Minister in charge of the subject of Finance, borrow money, for the provision of the working capital or the investment capital of the Authority, otherwise than by way of temporary loan under subsection (1) by the issue of debentures. The debentures so created and issued are in this Law referred to as (” Urban Development Authority Debentures “).

(3) Urban Development Authority Debentures shall be issued, transferred, dealt with, redeemed and cancelled in accordance with such terms as may be determined by the Board with the approval of the Minister given with the concurrence of the Minister in charge of the subject of Finance,

(1) The Minister in charge of the subject of Finance shall guarantee the repayment of the principal of, and the payment of the interest on, any sum due on debentures issued under this Law.

(2) Any sum required for the fulfilment of a guarantee provided under subsection (I) may, with the prior approval of Parliament, be paid out of the Consolidated Fund.

(3) Any sum paid out of the Consolidated Fund in fulfilment of a guarantee provided under subsection (1) shall be repaid, together with interest thereon, at such rate as the Minister in charge of the subject of Finance may determine with the concurrence of the Minister, by the Authority in such manner and over such period as the Minister in charge of the subject of Finance may with such concurrence determine.

(4) Immediately after a guarantee is given under subsection (!) the Minister in charge of the subject of Finance shall lay a statement of the guarantee before Parliament.

(5) Where any sum is paid out of the Consolidated Fund in fulfilment of a guarantee provided under subsection (1), the Minister in charge of the subject of Finance shall forthwith lay before Parliament a statement that such sum has been paid.

(1) There shall be a Director General of the Authority appointed by the Minister for a period of three years.

(2) The Director General shall be entitled to be present and to speak at meetings of the Board, but shall not .be entitled to vote at such meetings.

(3) The Director General shall, subject to the general direction and control of the Chairman, 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.

(4) The Director General may, with the approval of the Board, 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.

(1) The Authority may appoint such officers, servants and agents as it considers necessary for the efficient exercise, discharge and performance of its powers, functions and duties.

(2) The officers, servants and agents shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by rules made by the Authority.

(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 charged with 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 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 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 shall, mutatis mutandis, apply to and in 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 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.

(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) Where the Minister certifies that any land or interest in land vested in a local authority is required by the Authority for any purpose of the Authority, the Minister may by Order published in the Gazette vest such land or interest in such land in the Authority with effect from such date as shall be specified in the Order, subject to such conditions, if any, as may be so specified.

(2) An Order made under subsection (I) shall confer on the Authority absolute title to any land or interest in land and to any buildings and other structures on such land as specified in the Order, with effect from the date specified therein and free of all encumbrances, and no compensation shall be payable by the Authority in respect of such land or interest in such land or buildings or other structures therein.

(1) Where any land or any interest in land in any area declared as a development area under subsection (1) of section 3 is required by the Authority for any of its purposes, that land or interest therein may be acquired under the Land Acquisition Act by the Government for the Authority and the provisions of that Act shall, save as otherwise provided in subsection (2) of this section, apply for the purposes of the acquisition of that land or the interest therein. Such land or interest therein shall for the purposes of the Land Acquisition Act be deemed to be required for a public purpose.

(2) In the case of any such acquisition where the public notice of the intention to acquire that land or interest therein is published as required by the Land Acquisition Act at any time within a period of five years commencing from the date of publication in the Gazette of the Order under subsection (1) of section 3 declaring an area as a development area, notwithstanding anything to the contrary in the Land Acquisition Act, the market value of the land or the interest therein for the purpose of determining the amount of compensation to be paid in respect of that land or the interest therein shall be deemed to be the market value which that land or the interest therein would have had on the date of publication in the Gazette of the Order under subsection (1) of section 3 declaring such area as a development area under this Law, increased by fifty per centum of the difference between that market value and

(1) Where any immovable property of the State is required for the purpose of the 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 State 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 a Government department or any public corporation 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.

(3) No Order affecting any movable property of any Government department or public corporation shall be made by the Minister under subsection (2) without the consent of the Minister in charge of that department or public corporation.

(1) The Authority may, with the approval of the Minister, alienate, by way of sale, lease, rent or rent purchase for the purpose of urban development, any land or interest in land held by the Authority, subject to such terms and conditions including the use or uses for which the land or interest in land is alienated as may be determined by the Minister, and in particular, but without prejudice to the generality of the foregoing provisions of this section, a condition to the effect that the alienation effected by the instrument of alienation may be cancelled or determined in the event of a failure to comply with any other condition specified in such instrument, or in the event of any money due to the Authority under such instrument remaining unpaid for any such period as may be specified therein.

(2) Nothing in the State Lands Ordinance shall affect or be deemed or construed to affect the alienation of any State land held by the Authority for the purpose of any urban development.

(a) in pursuance of a joint venture agreement, referred to in section 8(e), for the purpose of carrying out a development project or scheme approved by the Government ;

(b) and made available for occupation at any time on or after the coming into operation of this Law to any person, whether such occupation is for business or residential purposes, and whether on payment of rent or otherwise.

(1) The occupier of any building to which this Part applies, and his dependants and every other person occupying such building shall not be entitled to occupy such building (or portion thereof) after the date of the lawful termination of the occupation by the occupier of such building; and accordingly the occupier shall on that date vacate the building, deliver possession thereof to his landlord, and depart from the land or premises in which such building is situated together with his dependants and every other person occupying such land or premises.

(2) Where any building to which this Part applies is made available by the landlord for occupation to any person in the employment of that landlord that person’s occupation of such building shall be deemed, for the purposes of this Part, to be lawfully terminated on the date of the termination of the employment of that person.

(3) Where in any case referred to in subsection (2) the employment of the occupier is terminated without notice the reference in that subsection to the date of the termination of his employment shall be deemed to be a reference to the date fourteen days after the actual date of termination.

(1) In any case where the occupier of any building to which this Part applies fails to comply with the provisions of subsection- (1) of section 19c, it shall be lawful for the landlord to file, in the Magistrate’s Court of the division in which the building is situated an application praying for the recovery of possession of the building, and for the ejectment from the land or premises on which the building is situated of the occupier, his dependants and every other person occupying such land or premises or any portion thereof; and every such application shall be supported by an affidavit setting forth the time and manner of the termination of the occupation of the occupier.

(2) On receipt of an application under subsection (1), the court shall cause, to be served on the occupier a copy of the application and affidavit and an order nisi requiring him

(3) An order nisi under subsection (2) shall foe deemed to have been served on the occupier if it is delivered to him by the Fiscal or by any person authorized by the Fiscal, or where it cannot be so delivered, if it is pasted by the Fiscal, or person authorised as aforesaid, on some conspicuous part of the building to which the order relates.

(1) If any occupier upon whom an order nisi is served under this Part appears before the court on the date specified in the order and, by affidavit or by statement on oath or affirmation raises any defence, which in the opinion of the court necessitates an adjournment of the hearing, the court shall immediately settle and record the issue or issues raised and shall, have regard to the circumstances of the case, appoint as early a date as possible for the hearing of evidence ; and in such case the Registrar of the court shall thereupon issue a summons to every such witness as may be required by the parties commanding his attendance at the time and place specified in the summons.

(2) Where any date is appointed under subsection (1) for the hearing of any case, the hearing shall not again be adjourned for any later date-

(3) On the date appointed under sub-section (1) for the hearing of the case or on such other date, if any, to which such hearing may be adjourned under subsection (2), the court shall hear and determine the issues raised and give judgment thereon, not withstanding anything to the contrary in any written law other than the Constitution.

(1) If any occupier upon whom an order nisi has been served under this Part, does not appear on the date specified in such order or on such other date, if any, to which the hearing may be adjourned under this Part or, having appeared fails to show good and valid cause why he should not deliver possession as required by section 19c of the building specified in the order and depart from the land or premises on which it is situated together with his dependants and every other person occupying such land or premises or any portion thereof ; or where the Court has given judgement under section 19E (3) against the occupier the order nisi shall be made absolute, and the court shall forthwith issue, and if need be reissue, a writ of possession to the Fiscal requiring and authorising him before a date specified in the writ not earlier than two calendar months and not later than two calendar months from the date of the issue of such writ, to deliver possession of the building to the landlord or to any other person appointed in writing by the landlord for the purpose and to eject from the land or premises no which the building is situated the occupier, his dependants and every other person occupying such land or premises or , any portion thereof :

Provided, however, that where the court is satisfied that it is expedient for any reasonable cause as hereinafter denned that the issue of the writ should be postponed, the court may direct that such writ shall not be issued unless the occupier fails to deliver possession of the building and to depart from such land or premises together with his dependants and every other person occupying such land or premises or any portion thereof before a date specified in that behalf by the court.

(2) In the preceding provision, ” reasonable cause ” means

(1) Any person who is dissatisfied with an order under section 19E (3) OF 19P (1) by a Magistrate’s Court may before the expiry of a period of fourteen days from the date of such order, appeal to the Court of Appeal against such order.

(2) Sections 321, 322 (1), 322 (2), 324, 325, 326, 328 (c), 329 and 330 of the Code of Criminal Procedure Act, No. 15 of 1979 shall, mutatis mutandis, apply to the presenting.

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

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

(1) The Minister may make regulations for the purpose of carrying out or giving effect to the principles and provisions of this Law.

(2) Every regulation made by the 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 in the regulation.

(3) Every regulation shall as soon as convenient after publication in the Gazette be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of its disapproval but without prejudice to anything previously done thereunder.

(4) Notification of the date on which any regulation made by the Minister is so deemed to be rescinded shall be published in the Gazette.

(1) Where any area has been declared to be a development area the Minister may, by Order published in the Gazette, declare that any planning scheme or project in a development area under the provisions of the Town and Country Planning Ordinance or under any other enactment which is in conflict with any development plan or development project under the provisions of this Law shall cease to operate in that area.

(2) So long as an Order made by the Minister under the provisions of subsection (1) is in force, the Authority shall be responsible for the physical planning of such area in accordance with the provisions of this Law.

(3) Notwithstanding the provisions of subsection (1) at the request of the Authority the Minister may, from time to time, by Order published in the Gazette, declare that, with effect from such date as shall be specified in the Order, the Authority shall cease to be the authority responsible for the physical planning in such area and the provisions of the Town and Country Planning Ordinance or any other enactment shall be applicable.

(4) Subject to the provisions of subsection (5), no person other than the Authority shall exercise, perform and discharge any powers, duties and functions relating to planning and development within any area declared to be a development area under section 3.

(5) The Authority may delegate to any officer of a local authority, in consultation with that local authority, any of its powers, duties and functions relating to planning within any area declared to be a development area under section 3, and such officer shall exercise, perform or discharge any such power, duty or function so delegated, under the direction, supervision and control 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 (h) 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 Law 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 or any of the matters for which rules are authorized or required by this Law to be made.

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

(1) Every person who contravenes or fails to comply with any provision of this Law or any regulation, rule, order, direction or requirement made or given thereunder shall be guilty of an offence under this Law, and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding fifty thousand rupees or to imprisonment of either description for a term not exceeding two years or to both such fine and imprisonment.

(2) Every. person who is guilty of an offence under this Law, shall, in addition to the fine prescribed under this section, be liable to a fine of one thousand rupees for each day on which the offence is continued, after conviction.

(1) Where in a development area, any development activity is commenced continued, resumed or completed without permit or contrary to any term or condition set out in a permit issued in respect of such development activity, the Authority may, in addition to any other remedy available to the Authority under this Law, by written notice require the person who is executing or has executed such development activity, or has caused it to be executed, on or before such day as shall be specified in such notice, not being less than seven days from the date thereof

(2) It shall be the duty of the person on whom a notice is issued under subsection (1) (2) It shall be the duty of the person on whom a notice is issued under subsection (1) to comply with any requirement specified in such notice within the time specified in such notice or within, such extended time as may be granted by the Authority on application made in that behalf.

(3)

(4) Where a mandatory order has been made under subsection (3), it shall be the duty of the police authorities to render all necessary assistance to the Authority in carrying out the order.

(5) The Authority shall be entitled to recover any reasonable expenses incurred by the Authority in demolishing or altering any building or work in pursuance of an order made by the Magistrate under sub section (3).

(6) The preceding provisions of this section shall not affect any liability incurred by such person by reason of his failure to comply with such notice.

(1) In any ease, where a person

(2) Where any land has been vested in the Authority under subsection (1), and

(a) by a body of persons, then,

(b) by a Government Department, the officer of that department responsible for the execution, or the causing of the execution, of the development activity in respect of which the offence was committed, shall be liable for the commission of that offence unless ho proves that the offence was committed without his consent or connivance, and that he exercised all due diligence to prevent the commission of that offence as ho ought to have exercised, having regard to the nature of his functions and all other circumstances. “.

(a) to discontinue the use of any land or building; or

(b) to demolish or alter any building or work; or Urban Development Authority (Special Provisions) 5 Act, No. 44 of 1984

(c) to do such other acts as are referred to in paragraph (a) of subsection (3) of section 28A,