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Short title.
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1. This Act may be cited as the Urban Development Authority (Amendment) Act, No. 4 of 1982.
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Amendment of section 8 of Law No. 41 of 1978.
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2. Section 8 “of the Urban Development Authority Law, No. 41 of 1978 (hereinafter referred to as the “principal enactment”) is hereby amended as follows :
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(a) by the substitution for paragraph (c) of that section, of the following paragraph :
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“(e) 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;” ; and
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(b) by the substitution for paragraph (p) of that section, of the following paragraph :
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” (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;”.
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Insertion of new part IIA in the principal enactment.
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3. The following new Part is hereby inserted immediately after Part II, and shall have effect as Part IIA, of the principal the principal enactment :
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Preparation of development plan, &c.
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8A.
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(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.
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(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.
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Appointment of planning Committee.
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8B.
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(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”).
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(2) Rules may be made for the conduct of business by the Planning Committee..
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Power of authority to call for information &c. necessary for preparation of development plan.
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8C
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(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
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(a) to furnish such information as may be specified in the notice and which in the opinion of the Authority is considered necessary ; and
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(b) to make such recommendations, if any as may be considered useful by the local authority or local authorities or person,
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in the preparation of the development plan within such period as may be specified in such notice.
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(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.
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Preparation of draft development plan.
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8D. Upon the preparation of a draft development plan, the Authority shall forward a copy of such plan to the local authority or authorities within whoso administrative limits the development area or part thereof for which that plan is prepared is situate, for its or their comments, and it shall he the duty of the local authority or authorities, within sixty days of the receipt of such draft plan, to communicate its or their comments thereon, if any, to the Authority.
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Draft development plan to be examined by Planning Committee and submitted to the Authority.
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8E.
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(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.
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(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.
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Approval of development plan.
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8F. Upon the transmission of the draft development plan to the Minister under subsection (2) of section 8E, the Minister may, after consideration of the recommendations made by the Authority with respect to the plan, approve the development plan, subject to such alterations or modifications, if any, as the Minister may consider necessary.
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Notice of approval of development plan &c.
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8G. Where any draft development plan has been approved by the Minister, it shall be the duty of the Authority as soon as may be after such approval
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(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
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(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,
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Amendment, &c. of development plan.
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8H.
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(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-
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(2) The provisions of sections 8C, 8D, 8E, 8F and 8G, shall, mutatis mutandis, apply in respect of the amendment, replacement, revision or modification of any development plan under subsection (1).
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Permits to carry out or engage in development activities in development areas.
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8J.
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(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.
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(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 be accompanied by such foes as may be prescribed by regulations made under this Law.
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(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
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(a) in any case where the development plan has been submitted to the Minister for approval or the development plan has been approved by the Minister, the development activity proposed to be carried out or engaged in will not be inconsistent with or in contravention of any proposal or provision in such development plan ; and
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(b) in any case where no development plan has been prepared, the purpose for which such permit is required to carry out or engage in such development activity conforms to the future development of such area.
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(4) The Authority may take into considera tion the recommendations or the Planning Committee, in granting or refusing to issue a permit under this section.
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(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.
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(6) A permit issued under this section shall be valid for a period of one year :
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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 :
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Provided further that the expiry of a permit shall not preclude any subsequent application being made for a fresh permit for such purpose.
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Development activity to be in conformity with permit, &c.
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8K.
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(1) No development activity shall be carried out or engaged in, in contravention of, or in variance with, the permit issued in that behalf.
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(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.
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(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.’.
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Amendment of section 16 of the principal enactment.
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4. Section 16 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words “increased by a reasonable amount on account of improvements, if any, effected to such land, after that date. “, of the-following : ” increased by fifty per centum of the difference between that market value and
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(a) in the case of any land or interest therein, in respect of which no Order under the proviso to section 38 of the Land Acquisition Act has been made, the market value of the land or interest therein on the date of publication in the Gazette of the notice under section 7 of that Act; or
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(b) in the case of any land or interest therein, in respect of which an Order under the proviso to- section 38 of the Land Acquisition Act has been made, the market value of the land or interest therein on the date of publication of such Order.”.
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Amendment of section 23 of the principal enactment.
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5. Section 23 of the principal enactment is hereby amended as follows:
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(a) in subsection (1) of that section, by the substitution for the words ” development project”, of the words ” development plan or development project ” ;
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(b) in subsection (4) of that section, by the substitution, for the words ” No person other than the Authority “, of the words and figures ” Subject to the provisions of subsection (5), no person other than the Authority ” ; and
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(c) by the addition, at the end of that section, of the following new subsection :
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” (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.”.
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Insertion of new sections 26A and 26B in the principal enactment.
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6. The following new sections are hereby inserted immediately after section 26, and shall have effect as sections 26A and 26B, of the principal enactment:
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Delegation of power &c. by the Authority,
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26A .The Authority may delegate to the Chairman or any officer of the Authority any of its powers, functions and duties under this Law.
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Fines when recovered to be credited to the Fund of the Authority
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26B. All fines imposed for any offence under this Law or any regulation or rule made there under shall when recovered be credited to the Fund of the Authority.”.
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Replacement of section 28 of the principal enactment.
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7. Section 28 of the principal enactment is hereby repealed and the following section substituted therefor:
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” Offences and penalties.
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28.
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(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.
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(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.
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Insertion of new sections 28A, 28B and 28C in the principal enactment.
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8. The following new sections are hereby inserted immediately after section 28, and shall have effect as section 28A, Section 28B and section 28C, of the principal enactment:
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Procedure to be followed in respect ” of certain development activities commenced &c. contrary : to terms and conditions of permit.
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28A.
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(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
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(a) to cease such development activity forthwith; or
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(b) to restore the land on which such development activity is being executed or has been executed, to its original condition; or
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(c) to secure compliance with the permit under the authority of which that development activity is carried out or engaged in, or with any term or condition of such permit, and for the purposes of compliance with the requirements aforesaid
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(i) to discontinue the use of any or building; or
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(ii) to demolish or alter any building or work.
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(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.
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(3)
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(a) Where in pursuance of a notice issued under subsection (1), any building or work is not demolished or altered within the time specified in the notices or within such extended time as may have been granted by the Authority, the Authority may apply to the Magistrate to make a mandatory order authorizing the Authority to demolish or alter the building or work, and the Magistrate on serving notice on the person who had failed to comply with the requirement of the Authority under Subsection (1) to demolish or alter the building or work, may, if he is satisfied to the same effect, make order accordingly.
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(b) If such person undertakes to demolish or alter the building or work, the Magistrate may if he thinks fit postpone the operation of the order for such time not exceeding two months as he thinks sufficient for the purpose of giving the person an opportunity of demolishing or altering the building or work.
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(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.
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(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).
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Vesting of lands certain cases.
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28B.
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(1) In any ease, where a person
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(a) has been convicted under section 28 for having contravened any provision of section 8J (1) ; and
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(b) where a notice has been issued under subsection (1) of section 28A and any requirement in such notice has not been complied with,
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the Minister may, on an application being made therefor by the Authority, and upon being satisfied that the land or building, in the present state, could be utilised for any purpose by the Authority, by Order published in the Gazette vest such land in the Authority, with effect from such date as shall be specified in the Order.
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(2) Where any land has been vested in the Authority under subsection (1), and
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(a) no permit had been obtained under section 8J for the execution of any development activity upon such land, no person shall be entitled to any compensation in respect of any such develop ment activity;
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(b) where a permit has been obtained under section 8J for any development activity upon such land, no person shall be entitled to any compensation for such development activity except to the extent of the work carried out in accordance with the terms and conditions set out in the permit.
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offences by bodies of persons &c.
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28C. Where an offence under this Law is committed
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(a) by a body of persons, then,
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(i) if that body is a body corporate (other than a public corporation or local authority), every person who at; the time of the commission of the offence was a director or secretary or other similar officer of that body, or
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(ii) if that body is a public corporation, its Chairman, or where there is no Chairman, the chief executive officer thereof, or
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(iii) if that body is a local authority, the District Secretary, in the case of a Development Council, or the Mayor or Chairman, as the case may be, in the case of a Municipal Council or Urban Council; or
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(iv) if that body is not a body corporate, every person who at the time of the commission of the offence was a member or partner of that body, or is its chief executive officer ; or’
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(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,
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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. “.
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Amendment of section 29 of the principal enactment.
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9. Section 29 of the principal enactment is hereby amended as follows :
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(a) by the insertion, immediately before the definition of ” local authority “, of the following new definitions:
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” development activity ” means the parceling or sub-division of any land, the erection or re-erection of structures and the construction of words thereon, the carrying out of building, engineering and other operations on, over or under such land and any change in the use for which the land or any structure thereof is used, other than the use of any land for purposes of agriculture, horticulture and the use of any land within the cartilage of a dwelling house for any purpose incidental to the enjoyment of a dwelling house, not involving any building operation that would require the submission of a new building plan ;
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” Government agency” means a government department, local authority or a public corporation;’;
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(b) by the substitution, in the definition of” local authority “, for the words ” means any Municipal Council,”, of the words ‘ means any Development Council, Municipal council, ” ; and
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(c) by the insertion, immediately after the definition of ” physical planning “, of the following new definition:
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“public corporation” means any corporation, board or other body which was or is established by or under any written law other than the Companies Ordinance, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise. “.
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Addition Scheduled to principal enactment.
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10. The principal enactment is hereby amended by the addition, immediately after section 29 thereof, of the following Schedule:
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Retrospective effect of certain amendments
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11. The amendments made in the principal enactment by section 4 and paragraphs (6) and (c) off section 5 of this Act shall be deemed to have taken effect on October 1,1978.
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Validation of certain acts done without legal authority by officer of local authority
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12. “Where prior to the date of commencement of this Act, any officer of a local authority has on behalf of the Urban Development Authority, done any act in the exercise, performance or discharge of any power, duty or function relating to planning within any area declared to be a development area under section 3 of the principal enactment, such act shall not be deemed to have been or to be invalid by reason only of the fact that such officer was not legally empowered to exercise, perform or discharge such power, duty or function.
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