Urban Development Authority (Special Provisions)

Urban Development Authority (Special Provisions)

AN ACT TO PROVIDE FOR THE VALIDATION OP CERTAIN ACTS DONE UNDER THE URBAN DEVELOPMENT AUTHORITY LAW ; AND TO AMEND THE URBAN DEVELOPMENT AUTHORITY LAW AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : –

[28^th November
, 1984 ]

Short title.

1. This Act may be cited as the Urban Development Authority (Special Provisions) Act, No. 44 of 1984.

PART I

Validation of acts previously done

2. Notwithstanding the provisions contained in section 1 of the Urban Development Authority Law, No. 41 of 1978, the provisions of the paid Law as on the date on which the said Law was certified shall be deemed to have come into operation on September 6, 1978 and the provisions of any Act amending the said Law shall, if no express provision is made in such Act, be deemed to have come into operation on the day such Act was certified and if express provision is made in such Act. be deemed to have come into operation on the date specified therein, and accordingly-

(a) every act done or omitted to be done and every Order made in pursuance of or supposed pursuance of any such provision of law shall be deemed to have been valid and effectual as if the provisions of the said Law and the amendments had been in operation from the dates hereinbefore specified:

(b) all actions, proceedings or things pending or incomplete on the date of the coming into operation of this Act shall be heard and determined or be carried on and completed in accordance with the provisions of the said Law and the amending Acts as amended by this Act:

Provided that, no proceedings for the prosecution or the punishment of any person for an offence on account of any act or ommission prior to the date of the coming into operation of this Act shall be instituted or continued against such person by reason of the provision, of this section.

For the avoidance of doubts it is hereby declared that any proceedings may be instituted or if pending may be continued in terms of the provisions of section 28A (3) of the said Law and the amending Acts as amended by this Act in respect of any act or omission prior to the date of the coming into ‘operation of this Act, and accordingly it shall be lawful for any Magistrate to make any order referred to in the- said section 28A (3),

Indemnity.

3. No criminal or civil proceedings shall be instituted maintained against any officer, servant or agent of the Urban Development Authority, for any bona fide act done or omitted to be done by him, during the period commencing on September 6, 1978 and ending on the date of the coming into operation of this Act, in pursuance or supposed pursuance of the provisions of the Urban Development Authority Law and the amendments thereto.

PART II

Amendment of section 2 of Law No. 41 of 1978.

4. Section 2 of the Urban Development Authority Law, No. 41 of 1978 (hereinafter referred to as the ” principal: enactment”) hereby amended as follows:-

(1) by the insertion Immediately after Subsection (1) thereof of the following; new subsections :

“(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 i 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 “‘; and

(2) by the repeal of the marginal note thereto, and the substitution therefor of the following a marginal note:” :

“Establishment of the Urban Development Authority and appointment of Chairman. “.

Amendment of section 4 of the principal enactment.

5. Section 4 of the principal enactment is hereby amended as follows:-

(1) by the repeal of paragraph (a) thereof and the substitution therefor of the following paragraph : –

“(a) the Chairman of the Urban Development Authority appointed under section 2 (hereinafter referred to as ” the Chair man”) ‘; and :

(2) by the repeal of paragraph (e) thereof and the substitution therefor of the following paragraph:

“(e) the person holding office for the time being as Director General of the Authority, who shall be the Secretary of the Board;”.

Amendment of section 8K of the principal enactment.

6. Section 8K of the principal enactment is hereby amended by the addition immediately after subsection (3) of the following new subsection :

“(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.”.

Amendment of section 13 of the principal enactment.

7. Section 13 of the principal enactment is hereby amended in subsections (1), (2), (3) and (4) thereof by the substitution for the words ” General Manager ” wherever principal such words appear in these subsections of the words ” Director General”.

Amendment of section 28A of the principal enactment.

8. Section 28A of the principal enactment is hereby amended as follow:-

(1) by the repeal of subsection 3 thereof and the substitution therefor of the following subsection : –

” (3)

(a) Where any person has failed to comply with any requirement contained in any written notice issued under subsection (1) within the time specified in the notice or within such extended time as may have been granted by the Authority, the Authority may, by way of petition and affidavit, apply to the Magistrate to make an Order authorizing the Authority to-

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

(b) to demolish or alter any building or work ;

and the Magistrate shall after serving notice on the person who had failed to comply with the requirements of the Authority under subsection (1), if he is satisfied to the same effect, make order accordingly.

(b) If such person undertakes to discontinue the use of the land or building or to demolish or alter the building or work, or to do such other acts as are referred to in paragraph (a) of subsection 3 of section 28A, 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 such person an opportunity of complying with such requirement.'”;

(2) by the addition at the end of that section of the following new subsection :

“(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.”.

Insertion of new section 28D of the principal enactment.

9. The following new section is hereby inserted immediately after section 28c of the principal enactment and shall have effect as section 28D of that enactment :

” Applications for an order to be disposed of within a given period.

28D. Every application for, an order made under paragraph (a) of subsection (3) of section 28A, shall be finally disposed of within ” a period of sixty days from the date of such application, and where the Magistrate makes an Order in pursuance of any application. authorizing the Authority”

(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

the Magistrate shall make all such Orders as are necessary to effect compliance with such Order within a period of ninety days from the date of the making of such application,”.

Retrospective effect of certain amendments.

10. The provisions of subsection (2) of section 5 and the provisions of section 7 shall be deemed to have come into operation on September 6, 1978.