ACT, No. 09 OF 2007

09of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
RESETTLEMENT AUTHORITY
ACT, NO. 09 OF 2007
[Certified on 23rd March, 2007]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of March 23, 2007
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Resettlement Authority Act, No. 09 of 2007 1
[Certified on 23rd March, 2007]
L.D.—O. 40/2006
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF AN AUTHORITY TO BE
CALLED THE RESETTLEMENT AUTHORITY : TO VEST THE AUTHORITY
WITH THE POWER TO FORMULATE A NATIONAL POLICY AND TO PLAN,
IMPLEMENT, MONITOR AND CO-ORDINATE THE RESETTLEMENT OF THE
INTERNALLY DISPLACED PERSONS AND REFUGEES ;AND TOPROVIDE FOR
MATTERSCONNECTED THEREWITH OR INCIDENTAL THERETO.
BE it enacted by the Parliament of the Democratic Socialist
Repubilc of Sri Lanka as follows :-
1. This Act may be cited as the Resettlement Authority Short title and
Act, No. 09 of 2007 and shall come into operation on such date of
date as the Minister may appoint (hereinafter referred to as operation.
the “appointed date”) by Order published in the Gazette.
PART I
ESTABLISHMENT OF THERESETTLEMENTAUTHORITY
2. (1) There shall be established a body called Establishment of
Resettlement Authority (hereinafter referred to as “the the Resettlement
Authority”). Authority.
(2) The Authority shall, by the name assigned to it by
subsection (1) be a body corporate and have perpetual
succession and a common seal and may sue and be sued in
such name.
3. The Management of the affairs of the Authority shall Constitution of
be vested in a Board of Directors (hereinafter referred to as the Board of
“the Board”) consisting of- Directors.
(a) two ex- officio members, namely,-
(i) the Secretary to the Treasury or his
representative ; and
(ii) the Secretary to the Minister of the Minister
in charge of the subject of Plan Implemention
or his representative ; and
2 Resettlement Authority Act, No. 09 of 2007
(b) seven members appointed as Directors by the
Minister from among persons possessing proven
expertise in the areas of resettlement, relocation,
rehabilitation, infrastructure development, finance
and provincial administration (hereinafter referred
to as “appointed members”).
Chairman and 4. (1) The Minister shall appoint, from among the
Vice Chairman appointed members, the Chairman and Vice-Chairman of the
of the Authority. Authority.
(2) The Chairman and Vice- Chairman shall hold office
for a term of three years and shall be eligible for re-
appointment.
(3) The Chairman shall be the Chief Executive Officer of
the Authority and shall preside at every meeting of the
Authority and in the absence of the Chairman, the Vice
Chairman shall preside at any such meeting.
(4) Where the Chairman is temporarily unable to perform
the duties of his office on account of ill health, absence from
Sri Lanka or any other cause, the Vice Chairman shall act in
place of the Chairman.
Terms of office 5. (1) The term of office of an appointed member of the
of appointed Board shall be three years.
members and
their removal
(2) An appointed member may resign from his office by
and resignation.
letter addressed to the Minister and such resignation shall be
effective from the date on which it is accepted by the Minister.
(3) The Minister may for reasons assigned, remove an
appointed member from office.
(4) An appointed member who has been removed from
office shall not be eligible for reappointment as a member of
the Board or to serve the Authority in any other capacity.
(5) Where a member of the Board dies, resigns or is removed
from office the Minister shall, having regard to the provisions
of section 5, appoint another member in his place.
Resettlement Authority Act, No. 09 of 2007 3
6. A person shall be disqualified from being appointed Disqualification
or from continuing as a member of the Authority, if he is- for being
appointed as a
member.
(a) a member of Parliament, a member of a Provincial
Council or a member of a local authority ; or
(b) a person who, having been declared an insolvent or
a bankrupt under any law in Sri Lanka or in any
other country, is an undischarged insolvent or
bankrupt ; or
(c) serving or has served a sentence of imprisonment
imposed by any Court in Sri Lanka or any other
country ;
(d) incapacitated by physical or mental illness ; or
(e) otherwise unable or unfit to discharge the functions
of a member.
7. The quorum for any meetings of the Board shall be Quorum.
five members and the Board may regulate the procedure in
regard to the meetings of the Board and the transaction of
business at such meetings.
8. No act, decision or proceedings of the Board shall be Vacancy among
invalid by reason only of any vacancy among its members or directors not to
invalidate acts
any defect in the appointment of any its members. &c, of the
Board.
9. The members of the Board may be remunerated in Remuneration of
such manner out of the Fund of the Authority as may be members.
determined by the Minister with the concurrence of the
Minister in charge of the subject of Finance.
10. The Authority shall, in the exercise of its powers, Authority to
discharge of its functions and performance of its duties, comply with the
general policy
comply with the general policy of the Government and with
of the
any general or special directions issued to it by the Minister, Government.
in relation to the implementation of such policy.
4 Resettlement Authority Act, No. 09 of 2007
Seal of the 11. (1) The Seal of the Authority shall be in the custody
Authority. of such person as the Board may from time to time decide.
(2) The Seal of the Authority may be altered in such manner
as may be determined by the Board.
(3) The Seal of the Authority shall not be affixed to any
instrument or document except in the presence of the
Chairman and one other member of the Board, both of whom
shall sign the instrument or document in token of their
presence :
Provided that where the Chairman is unable to be present
at the time when the Seal of the Authority is affixed to any
instrument or document, any other member of the Board
authorized in writing by the Chairman in that behalf, shall be
competent to sign such instrument or document in accordance
with the preceding provisions of this subsection.
(4) The Board shall maintain a register of the instruments
or documents to which the Seal of the Authority is affixed.
Establishment of 12. For the purpose of carrying out the powers and
Branch offices. functions conferred on, or assigned to it by this Act, the
Authority may establish and maintain where necessary,
branch offices in identified districts.
PART II
OBJECTIVES, FUNCTIONS AND POWERS
Objectives of the 13. The objectives of the Authority shall be to-
Authority.
(a) ensure resettlement or relocation in a safe and
dignified manner of internally displaced persons
and refugees ;
(b) facilitate the resettlement or relocation of the
internally displaced persons and refugees in order
to rehabilitate and assist them by facilitating their
entry into the development process.
Resettlement Authority Act, No. 09 of 2007 5
14. For the purpose of carrying out the objects Functions of the
of the Authority, the Authority shall discharge the following Authority.
functions :-
(a) to formulate and implement a resettlement policy
in consultation with the Ministry of Resettlement
for the internally displaced persons and refugees ;
(b) to co-ordinate the efforts of the Government, donors,
international non-governmental organizations, civil
society agencies and others possessing the required
mandates and resources in order to end displacement
of persons ;
(c) to formulate and implement specific programmes
and projects for resettlement and relocation of
internally displaced persons and refugees in a safe
and dignified manner ;
(d) to assist the internally displaced persons and
refugees to obtain lost documents such as Birth,
Death and Marriage Certificates, Identity Cards,
Deeds relating to property and any other documents
which they may require from any government
department. ;
(e) to assist in providing infrastructure facilities,
education and health facilities ;
(f) to implement resettlement programmes including
housing schemes to facilitate the resettlement and
relocation ;
(g) to assist in the mobilization of both local and
foreign financial resources to implement the planned
programmes ;
(h) to facilitate in solving problems relating to
ownership and possession right of movable and
immovable assets ;
(i) to forge a better understanding between the
internally displaced persons and host communities;
6 Resettlement Authority Act, No. 09 of 2007
(j) to facilitate the restoration of basic human rights
including cultural rights to empower internally
displaced persons ;
(k) to receive representations on the needs of the
displaced and to make representations regarding the
same to agencies mandated to find solutions ;
(l) to mobilize the displaced to initiate and implement
partnerships for the recovery and development in
accordance with individual or community needs ;
(m) to promote livelihood activities among displaced
persons and refugees ;
(n) to provide reasonable access to information on
policies, resources and progress on activity
earmarked for their recovery and facilitate dialogue
with concerned intervening agencies ; and
(o) to ensure a conducive physical environment for
resettlement, by clearing land mines and debris and
repairing the damaged infrastructure.
Powers of the 15. The Authority may, for the purpose of discharging
Authority. its functions, exercise all or any of the following powers :-
(a) acquire and hold, take or give on lease or hire,
mortgage, sell or otherwise dispose of any movable
or immovable property ;
(b) clear and re-develop the land acquired either from
the State or from private individuals ;
(c) enter into and perform all such contracts, as it may
consider necessary for the discharge of its functions;
and
(d) accept gifts, grants or donations whether in cash or
otherwise and to apply them in the discharge of its
functions.
Resettlement Authority Act, No. 09 of 2007 7
16. (1) The Authority shall have the power to enter into Powers of the
any agreement with any government department, local Authority to
enter into any
authority, public corporation, or any other institution, whether agreement.
private or public including joint venture companies, for the
purpose of enabling the efficient exercise, performance and
discharge of the powers, duties and functions of the Authority.
(2) Every such agreement shall be in writing and shall
upon registration with the Authority constitute a valid and
binding contract as between such government department,
local authority, public corporation and any other institutions
whether private or public including joint venture companies.
17. The Board may, in writing under the seal of the Empowering of
Authority or in such other manner as may be provided by the persons to act
for Authority
rules made by the Authority, empower any other person either
outside Sri
generally or in respect of any specific matter, to act for and Lanka.
on behalf of the Authority, in any place outside Sri Lanka.
18. (1) Where any land or any interest in any land within Compulsory
any designated area is required by the Authority for the acquisition of
land.
implementation of any of the projects and the Minister by
Order published in the Gazette approves the proposed
acquisition, such land or interest in land may accordingly be
acquired under the Land Acquisition Act and be transferred
to the Authority as if such land or interest in land is required
for a public purpose:
Provided however, that where any land or any interest in
any land of an estate situated within the designated area is
required by the Authority, the Minister shall consult the
Minister in charge of the subject of Plantation Industries,
before publishing the Order, under this section for the
acquisition of such land or interest in such land.
(2) In any case where any land or any interest in any land
within any designated area is to be acquired under the Land
Acquisition Act for any purpose of the Authority and public
8 Resettlement Authority Act, No. 09 of 2007
notice of the intention to acquire that land or interest is
published as required by that Act, any time within a period of
three years commencing from the date of publication of the
Order under subsection (1), the following provisions shall
apply for the purpose of determining the amount of
compensation to be paid in respect of that land or interest,
notwithstanding anything to the contrary in that Act—
(a) the market value of the land shall be deemed to be
the market value, the land would have had, on the
date of publication of such Order, if it then were in
the same condition as it is at the time of acquisition,
increased by a reasonable amount on account of
bona fide improvements if any, effected to such land
after such date;
(b) in ascertaining the market value of the land at the
date of publication of such Order, no account shall
be taken of any benefit or increase in value which
may have accrued, or any expectation of benefit or
increase in value likely to accrue directly or
indirectly, from any work of development or other
operation of the Authority in pursuance of this Act.
State property 19. (1) Where any immovable property of the State is
both movable required for any purpose of the Authority, such purpose shall
and immovable be deemed to be a purpose for which a special grant or lease
to be made
available to the may be made under section 6 of the Crown Lands Ordinance
Authority. (Chapter 454) and the provisions of that Ordinance shall
accordingly apply to a special grant or lease of such property
to the Authority.
(2) Where any movable property of the State is required
for any 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 :
Provided however, that no Order affecting any movable
property of the State shall be made by the Minister under the
preceding provisions of this subsection, without the
concurrence of the Minister having control over such property.
Resettlement Authority Act, No. 09 of 2007 9
PART III
FINANCE
20. (1) The Authority shall have its own Fund. There Fund of the
shall be paid into the Fund :— Authority.
(a) all such sums of money as may be voted from time
to time by Parliament for the use of the Authority;
(b) all such sums of money as may be received by the
Authority in the exercise, performance and
discharge of its powers, duties and functions under
this Act;
(c) all loans, donations, gifts or grants received by the
Authority from any source whether in or outside Sri
Lanka, provided such sums shall be accounted for
through the normal budgetary process.
(2) The financial year of the Authority shall be the calendar
year.
(3) 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.
(4) The provision of Article 154 of the Constitution relating
to the audit of accounts of public corporations shall apply to
the audit of the accounts of the Authority.
STAFF OF THE AUTHORITY
21. (1) There shall be a Director-General appointed by Director-
the Minister, who shall, subject to the general or special General.
direction and control of the Board, be charged with the
direction of the affairs and transactions of the Authority, the
exercise, performance and discharge of its powers, duties and
functions and the administration and control of the officers
and servants of the Authority.
10 Resettlement Authority Act, No. 09 of 2007
(2) The Director-General may, with the approval of the
Authority, whenever he considers it necessary to do so,
delegate to any officer or servant any power, duty or function
conferred or imposed on, or assigned to him by this Act and
such officer or servant shall exercise, perform and discharge
such power, function or duty subject to the general or special
directions of the Director-General.
Staff of the 22. (1) The Authority may appoint such officers and
Authority. servants as it considers necessary for the efficient discharge
of its functions.
(2) The officers and servants appointed under subsection
(1) shall be remunerated in such a manner and at such rates
and shall be subject to such conditions of service as may be
determined by the Authority in consultation with the
Secretary to the Ministry of the Minister in charge of the
subject of finance with the approval of the Minister.
(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 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, 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 the section 14 of the National Transport
Commission Act, No. 37 of 1991, 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 14 of the National Transport
Commission Act, No. 37 of 1991, shall mutatis mutandis,
apply to and in relation to him.
Resettlement Authority Act, No. 09 of 2007 11
(6) Where the Authority employs any person who has
agreed to serve the Government for a specified period, any
period of service to the Authority by that person shall be
regarded as service to the Government for the purpose of
discharging the obligations of such agreement.
(7) At the request of the Authority, any member of the
Local Government Service or any other officer or servant of a
local authority, may, with the consent of such member, officer
or servant and the Local Government Service Commission,
or the 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 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 Commission or that local
Authority, as the case may be.
(8) Where any member of a Local Government Service or
any officer or servant of any local Authority is appointed
temporarily under subsection (7) to the staff of the Authority,
he shall be subject to the same disciplinary control as any
other member of the staff of this Authority.
23. (1) At the request of the Authority any officer or Appointment of
servant of a public corporation may, with the consent of such officers and
servants of
officer or servant and the governing board of such corporation, public
be temporarily appointed to the staff of the Authority for Corporations to
such period as may be determined by the Authority or with the staff of the
like consent be permanently appointed to the staff of the Authority.
Authority on such terms and conditions, including those
relating to pension or provident fund rights, as may be agreed
upon by the Authority and the governing board of such
corporation.
(2) Where any person is appointed whether temporarily or
permanently under subsection (1) to the staff of the Authority,
he shall be subject to the same disciplinary control as any
other member of the staff of the Authority.
12 Resettlement Authority Act, No. 09 of 2007
(3) For the purpose of this section ‘governing board’ in
relation to a public corporation means the Board of Directors
or other body in which the administration and management
of that public corporation has been vested.
GENERAL
Delegation of 24. The Authority may, delegate in writing the exercise
powers of the
or discharge of any power or function vested in or assigned
Board.
to the Authority to the Director General or to any officer or
servant of the Authority or to any officer of any government
department or public corporation with the consent of such
officer. The Authority may notwithstanding any such
delegation exercise, perform or discharge any such power,
duty or function, so delegated.
Authority not 25. The Authority shall not make any investment in or
to transact
business with otherwise transact business with an enterprise of which a
enterprises in member of the Authority is a partner, director or shareholder
which a or is in any other way directly or indirectly interested, unless
member has
interest, the transaction is approved by the Minister.
unless
approved by
the Minister.
26. (1) The Minister may, give to the Authority in
Directions of
writing, general or special directions as to the performance of
the Minister.
the duties and the exercise of the powers of the Authority. It
shall be the duty of the Authority to comply with such
directions.
(2) The Minister may from time to time, in writing, direct
the Authority to furnish to him in such form as he may require,
returns, accounts and other information with respect to the
property and activities of the Authority. It shall be the duty
of the Authority to comply with such direction.
Authority 27. The Authority shall be deemed to be a scheduled
deemed to be
a scheduled institution within the meaning of the Bribery Act (Chapter
institution 52) and the provisions of that Act, shall be construed
within the accordingly.
meaning of
the Bribery
Act.
Resettlement Authority Act, No. 09 of 2007 13
28. All members, officers and servants of the Authority Members,
shall be deemed to be public servants within the meaning officers and
servants of the
and for the purposes of the Penal Code (Chapter 19). authority
deemed to be
public servants.
29. (1) No suit or prosecution shall lie— Protection for
action taken
under this Act or
(a) against the Authority for any Act which in good on the direction
faith is done or purported to be done by the Authority of the Authority.
under this Act; or
(b) against any member, officer, servant or agent of the
Authority for any Act which in good faith is done or
is purported to be done by him under this Act or on
the direction of the Authority.
(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 is 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.
30. (1) The Minister may, in consultation with the Regulations.
Authority, make regulations in respect of matters required by
this Act to be prescribed or in respect of which regulations
are authorized to be made.
14 Resettlement Authority Act, No. 09 of 2007
(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 and shall be as valid and effectual
as if it were herein enacted.
(3) Every regulation shall as soon as it is convenient after
its publication in the Gazette be brought before Parliament
for approval. Any regulation which is not so approved shall
be deemed to be rescinded from the date of disapproval but
without prejudice to anything previously done thereunder.
(4) Notification of the date on which any regulation is
deemed to be rescinded shall be published in the Gazette.
Rules. 31. (1) The Authority may make rules—
(a) for the regulation of procedure and the transaction
of business at meetings; and
(b) providing for the custody and manner of affixing
the Seal of the Authority.
(2) Every rule made by the Authority shall be published
in the Gazette.
Act to be 32. The provisions of this Act shall be in operation for a
operative for a period of six years from the date of its coming into
period of six operation.
years.
Exemption of 33. The Authority shall with the concurrence of the
Authority from Minister in-charge of the subject of Finance, be exempt from
payments of
duties & etc. the payment of any tax on the income or profits of the
Authority to such extent as is permitted in terms of the Inland
Revenue Act, No. 10 of 2006.
Sinhala text to 34. In the event of any inconsistency between the Sinhala
prevail in case of and Tamil texts of this Act, the Sinhala text shall prevail.
inconsistency.
Resettlement Authority Act, No. 09 of 2007 15
35. In this Act, unless the context otherwise requires— Interpretation.
“Internally Displaced Persons (IDP’s)” means, persons
who have been forced or obliged to flee or to leave
their homes or places of habitual residence in
particular as a result of or in order to avoid the effects
of armed conflict situations of generalized violence;
“local authority” means, any Municipal Council, Urban
Council, Pradeshiya Sabha and includes any
Authority created and established by or under any
law to exercise, perform and discharge powers, duties
and functions corresponding to or similar to the
powers, duties and functions exercised, performed
and discharged by any such Council or Sabha.
“Public Corporation” means any Corporation, board or
other body which was or is established by or under
any written law other than the Companies Act, No.
17 of 1982 or any other Act which may be enacted
in its place with funds or capital wholly or partly
provided by the Government by way of grants, loans
or otherwise.

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