Rana Viru Seva Authority

Link to law: http://www.lawnet.lk/process.php?st=1999Y0V0C54A&hword=%27%27&path=2
Published: 1999

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Rana Viru Seva Authority
Rana Viru Seva Authority




AN ACT TO ESTABLISH AN AUTHORITY TO PROMOTE THE WELFARE OF DISABLED MEMBERS OF THE ARMED FORCES AND THE POLICE FORCE, AND OF THE DEPENDANTS OF MEMBERS OF THE ARMED FORCES AND THE POLICE FORCE, KILLED OR MISSING IN ACTION ; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.








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



[23rd December

, 1999 ]













Short title.



1. This Act may be cited as the Rana Viru Seva Authority Act, No. 54 of 1999.



Establishment of the Rana Viru Seva Authority.



2.





(1) There shall be established an Authority to be called The Rana Viru Seva Authority (hereinafter referred to as the "Authority").



(2) The Authority shall, by the name assigned to it by sub-section (1), be a body corporate with perpetual succession and a common seal and may sue and be sued in such name.



Administration of the affairs of the Authority vested in a Board of Management.



3.





(1) The administration and management of the affairs of the Authority shall be vested in a Board of Management (hereinafter referred to as the "Board") consisting of the following members appointed by the President :-





(a) the Secretary to the Ministry of the Minister in charge of the subject of Defence or a representative of that Ministry nominated by such Secretary :



(b) the Secretary to the Ministry of the Minister in charge of the subject of Home Affairs or a representative of that Ministry nominated by such Secretary ;



(c) the Director, (Welfare) of the Sri Lanka Army ;



(d) the Director, (Welfare) of the Sri Lanka Navy ;



(e) the Director, (Welfare) of the Sri Lanka Air force ;



(f) the Deputy Inspector-General of Police in charge of Welfare ;



(g) the President of the Seva Vanitha Unit of the Ministry of the Minister in charge of the subject of Defence ;



(h) the Chief Accountant of the Ministry of the Minister in charge of the subject of Defence ;



(i) a representative of the General Treasury nominated by the Minister in charge of the subject of Finance ;



(j) three other members appointed by the President, of whom at least two members shall be from amongst members of the medical and legal professions. A member appointed under this paragraph is hereinafter referred to as an "appointed member".



(2) The President shall appoint a Chairman and Vice- Chairman of the Board from amongst the members of the Board.



(3) The provisions of the Schedule to this Act shall have effect in relation to the term of office of the appointed members of the Board, the remuneration payable to the members of the Board and the meetings and seal of the Board.



Functions of the Authority.



4. The functions of the Authority shall be-





(a) to provide for the after care and rehabilitation of members of the Armed Forces and the Police Force who have become disabled in action ;



(b) to provide, and to assist in the provision of, housing to-







(i) members of the Armed Forces and the Police Force who have become disabled in action ; and



(ii) the dependants of members of the Armed Forces and the Police Force who have been killed, or are missing in action :



(c) to provide, or assist in the provision of, medical care







(i) members of the Armed Forces and the Police Force who has become disabled in action ; and



(ii) the dependants of members of the Armed Forces and the Police Force who have been killed or are missing in action :



(d) to enable"







(i) members of the Armed Forces and the Police Force who have become disabled in action ; and



(ii) the dependants of members of the Armed forces and the Police force who have been killed, or are missing in action.



to have access to education and higher education, by the provision of scholarships and other forms of assistance ;



(e) to assist







(i) members of the Armed Forces and the Police Force who have become disabled in action ; and



(ii) the dependants of members of the Armed Forces and the Police Force who have been killed, or are missing in action,



to secure gainful employment;



(f) to set up industrial, agricultural or commercial ventures with a view to providing employment to the members of the Armed Forces and the Police Force who have become disabled in action ; and



(g) to do all such other acts and things as may be necessary or conducive to the discharge of the functions of the Authority.



Powers of the Board.



5.





(1) The Board shall for the purposes of discharging its functions have the power





(a) to acquire and hold, any properly, movable or immovable, and to sell, lease, mortgage, exchange or otherwise dispose of the same ;



(b) to enter into all such contracts as may be necessary for the discharge of its functions ;



(c) to open, operate and maintain, current, savings or deposit accounts in any bank or banks ;



(d) to employ such officers and servants as may be necessary for the discharge of its functions, and to exercise disciplinary control over such officers and servants ;



(e) to determine the terms and conditions of service of the officers and servants appointed under paragraph (d) ; and



(f) to do all such other acts or things as are necessary for, or incidental to, the discharge of its functions.



Registers.



6. The Authority shall within sixty days of the date of commencement of this Act, cause to he prepared registers respectively of"





(a) all members of the Armed Forces and the Police Force who have become disabled in action ; and



(b) the dependants of all members of the Armed Forces and the Police Force who have been killed, or are missing in action,



and shall cause such registers to be revised or amended as and when it becomes necessary to do so.



Staff of the Authority.



7.





(1) At the request of the Board an 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 Authority for such period as may be determined by the Board with like consent, or be permanently appointed to such staff.



(2) Where any officer in the public service is temporarily appointed to the staff of the Authority, the provisions of subsection (2) of section 14 of the National Transport Commission Act, No. 37 of 1991 shall, mutatis mutandis, apply to, and in relation to, him.



(3) Where any officer in the public service is permanently appointed to the stall 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



(4) 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.



Fund of the Authority.



8.





(1) The Authority shall have its own fund (hereinafter referred to as " the Fund").



(2) There shall be paid into the Fund "





(a) all such sums of money as may be appropriated for the purposes of the Authority by Parliament :



(b) all such sums of money as may be received by the Authority by way of profit from the ventures set up in the discharge of the functions assigned to the Authority by paragraph (f) of section 4 : and



(c) all such sums of money as may be received by the Authority by way of gifts, grants or donations from local and foreign sources.



(3) There shall be paid out of the Fund all such sums of money as are required to defray any expenditure incurred by the Authority in the discharge of its functions.



Financial year and audit of accounts.



9.





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



(2) The Board shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Authority.



(3) The provisions of Article 154 of She Constitution relating to the audit of accounts of Public Corporations shall apply to the audit of accounts of the Authority.



Exemption train certain taxes.



10.





(1) All profits and income of the Authority shall he exempt front income tax under the Inland Revenue Act, No. 28 of 1979.



(2) Every gift, giant or donation made in money or otherwise to the Authority shall, for the purposes of paragraph (b) of subsection (2) of section 31 of the inland Revenue Act, No. 28 of 1979, be deemed to he a donation made in money or otherwise to a Fund established by the Government.



Members, officers and servants of the Authority deemed to be public servants.



11. All members of the Board and, officers and servants of the Authority shall be deemed to be public servants within the meaning and for the purposes of the Penal Code.



Authority to be a Scheduled Institution within the inclining of the Bribery Act.



12. The Authority shall be deemed to be a Scheduled Institution within the meaning of the Bribery Act and the provisions of that Act shall he construed accordingly.



Protection for action taken under this Act or on the direction of the Authority.



13.





(1) No action or prosecution shall be instituted "





(a) against the Authority, for any act which in good faith is done or purported to be done by the Authority under this Act; or



(b) against any member of the Board or, officer or servant of the Authority for any act which in good faith is done or purported to be done by him under this Act or on the direction of the Board.



(2) Any expenses incurred by the Authority in an\ action or prosecution brought by or against the Authority in any court shall be paid out of the Fund and any costs paid to or recovered by the Authority in any such action or prosecution shall be credited to the Fund.



(3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1). in any action or prosecution instituted against him in respect of any act which is done or purported to be done by him under this Act or on the direction of the Board shall be paid out of the Fund if the Court holds that such act was done in good faith,



State property to be made available to the Authority.



14.





(1) Where any immovable property of the State is required for any purpose of the Authority, such purpose shall be deemed to be a purpose for which a special grant or lease of such properly may be made under section 6 of the Crown Lands Ordinance, and accordingly the provisions of that Ordinance shall apply to a special grant or lease of such property to the Authority.



(2) Where any movable property of the Sale is required for any purpose of the Authority, she Minister may by Order published in the Gazette transfer to and vest in the Authority, the possession and use of such movable properly :



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.



Annual Report.



15. The Board shall at the end of each financial year prepare a report of the activities of the Authority during the year and shall submit such report to the Minister who shall cause the same to be laid before Parliament.



Sinhala text to prevail in case of inconsistency.



16. In the event of any inconsistency between the Sinhala prevail in case of and Tamil texts of this Act, the Sinhala text shall prevail.



Interpretation.



17. In this Act unless the context otherwise requires -



"Armed Forces" means the Sri Lanka Army, Sri Lanka Navy or the Sri Lanka Air Force ;



"dependant" in relation to a member of the armed forces or She police force killed or missing in action includes the widow or widower, unemployed and unmarried daughter, unemployed son parent, unmarried sister or unmarried brother under eighteen years of age, grand father, grand mother of such member, and where, the parents are not living, the uncle and aunt of such member, if such uncle and aunt were dependant on .such member at the time of his death or was missing in action ;



"local authority" means any Municipal Council, Urban Council or Pradeshiya Sabha and includes any authority created or 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;



"Police Force" means the Sri Lanka Police Force;



"Provincial Council" means a Provincial Council established under Chapter XVIIA of the Constitution.
Schedules