Sugathadasa National Sports Complex Authority

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Published: 1999

Sugathadasa National Sports Complex Authority
Sugathadasa National Sports Complex Authority




AN ACT TO ESTABLISH AN AUTHORITY TO BE CALLED THE SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY TO MANAGE AND MAINTAIN THE SUGATHADASA NATIONAL SPORTS COMPLEX ; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.








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



[24th June

, 1999 ]













Short Title and date of operation.



1. This Act may be cited as the Sugathadasa National Sports Complex Authority Act, No. 17 of 1999, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette (hereinafter referred to as "the appointed date").



PART I
THE SUGATHADASA NATIONAL SPORTS COMPLEX AUTHORITY



Establishment of the Sugathadasa National Sports Complex Authority



2.





(1) There shall be established an Authority which shall be called the Sugathadasa National Sport Complex Authority (hereinafter referred to as the "Authority").



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



Board of Management of the Authority.



3.





(1) The affairs of the Authority shall be administered and managed by a Board of Management (hereafter referred to as the Board").



(2) The Board shall consist of the following :"





(a) three ex-officio members, namely-







(i) Secretary to the Ministry of the Minister in charge of the subject of Sports or his representative :



(ii) the Director of Sports appointed under the Sports Law, No. 25 of 1973 ;



(iii) a representative of the Treasury ; and



(b) eight members appointed by the Minister, of whom three shall be representatives of recognised Sports Bodies (A member appointed under this paragraph is herein after referred to as "an appointed member").



(3) The Minister shall appoint one of the members of the Board to be the Chairman of the Authority.



(4) The provisions of the Schedule to this Act, shall have effect in relation to the terms of office of the Chairman and the appointed members of the Board, vacation of office by the Chairman and the appointed members of the Board, meetings of the Board and the seat of the Authority.



(5) The Board shall exercise and discharge the powers and functions conferred on, or assigned to, the Authority by this Act.



Functions of the Authority.



4.





(1) The Functions of the Authority shall be to-





(a) manage and maintain the Sugathadasa National Sports Complex and take necessary measures to safeguard it as a national asset ;



(b) maintain all amenities and facilities relating to the Sugathadasa National Sports Complex ;



(c) make improvements or alterations to the buildings and structures comprised in the Sugathadasa National Sports Complex, where necessary ;



(d) to make available the facilities of the Sugathadasa National Sports Complex, on such conditions as may be imposed by the Board, to the citizens of Sri Lanka, and in particular, to the Youth of Sri Lanka, to enable them to develop their potential in sports and for the purposes of improving their fitness and health ;



(e) to conduct training courses and programmes in sports, with a view particularly, to developing sports in the rural sector ;



(f) to make available, on such conditions as may be imposed by the Board, the facilities of the Sugathadasa National Sports Complex for national and international festivals ;



(g) to liaise and establish links, with international and local sports training organizations and sport institutions, with a view to developing sports and recreational facilities in Sri Lanka ;



(h) to make available, on such conditions as may be imposed by the Board, the facilities of the Sugathadasa National Sports Complex to schools, youth clubs and sports organizations, at reasonable charges.



Powers of the Authority.



5. The Authority shall have the following powers :-





(a) to acquire and to hold, property, both movable and immovable, and to pledge or sell, mortgage, give on lease or hire, exchange or otherwise dispose of the same ;



(b) to accept grants, gifts or donations of immovable or movable property from any government, persons or bodies of persons, in or outside Sri Lanka ;



(c) to enter into, and perform all such contracts and agreements as may be necessary for the purposes of discharging its functions;



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



(e) to determine the remuneration payable to, and the terms and conditions of .service of. such officers and servants ;



(f) to charge fees for services and facilities rendered or provided by it ;



(g) to borrow or raise money, with or without security ;



(h) to conduct training courses, workshops and symposia for the purposes of discharging its functions ;



(i) to invest its unutilized moneys in such securities as may be approved by the Minister with the concurrence of the Minister in charge of the subject of Finance ;



(j) to do all such other acts as may be necessary for, or conducive to, the discharge of it's functions.



PART II
STAFF



Delegation of powers of the Authority.



6.





(1) The Board may, subject to such conditions as may be specified in writing, delegate to any officer or servant of the Authority, any power, duty or function conferred or imposed on, or assigned to, the Authority by this Act, for the efficient transaction of its business.



(2) Notwithstanding any such delegation, the Board may exercise, perform or discharge any such power, duty or function.



Appointment of Public officers to the staff of the Authority.



7.





(1) At the request of the Board, any officer of 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 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, 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 staff of the Authority, 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 entered into a contract with the Government 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 purposes of discharging his obligations under such contract.



PART III
FINANCE



Fund of the Authority.



8.





(1) The Authority shall have its own fund.



(2) The Fund shall be called "Sugathadasa National Sports Complex Fund" (hereinafter referred to as "the Fund").



(3) There shall be paid into Fund-





(a) all such sums of money as are lying on the day preceding the appointed date, to the credit of Sugathadasa National Sports Complex Trust Fund established in pursuance of Cabinet decision dated October 25,1995 ;



(b) all such sums of money as may be voted by Parliament annually, for the use of the Authority ;



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



(d) all such sums of money as may be received by the Authority, as fees for services or facilities rendered or provided by the Authority or in the exercise or discharge of its powers and functions under this Act.



(4) There shall be paid out of the Fund"





(a) all such sums of money as may be required to defray any expenditure incurred by the Board in the exercise and discharge of its powers and functions under this Act;



(b) all such sums of money as are required to be paid out of the Fund by any provision of this Act; and



(c) all such sums of money as are required to meet any liabilities of the Sugathadasa National Sports Complex Trust Fund and subsisting on the day preceding the appointed date.



Accounts and Audit.



9.





(1) The Board shall cause proper accounts to be kept of the receipts and expenditure, assets and liabilities and other transactions of the Authority.



(2) Article 154 of the Constitution shall apply to the audit of the accounts of the Authority.



(3) The financial year of the Authority shall be the Calendar year.



Application of Part II of the Finance Act, No. 38 of 1971.



10. For the avoidance of doubts it is hereby declared that Part II of the Finance Act, No. 38 of 1971 shall apply to the Authority.



PART IV
GENERAL



Power of Minister to give directions.



11. the Minister may, from time to time, give to the Board, general or special directions in writing, as to the exercise of the powers and the discharge of the functions of the Authority, and it shall be the duty of the Board to comply with such directions.



Officers and servants of the Authority deemed to be public servants for the purposes of the Penal Code.



12. All 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 meaning of Bribery Act.



13. The Authority shall be deemed to be a scheduled institution within the meaning of the Bribery Act and the provisions of that Act shall be construed accordingly.



Protection of action.



14.





(1) No suit or prosecution shall be instituted against a member of the Board or any officer or servant of the Authority for any act which is in good faith done or purported to be done by such member, officer or servant under this Act or on the direction of the Board.



(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 and any costs paid to, or recovered by the Authority in any such suit or prosecution shall be credited to the Fund.



(3) Any expenses incurred by any such person as is referred to in subsection (1) in any suit or prosecution brought against him in any Court 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, if the Court holds that such act was done in good faith be paid out of the Fund, unless such expense is recovered by him in such suit or prosecution.



Regulation.



15.





(1) The Minister may make regulations in respect of any matter required by this Act to be prescribed.



(2) Every regulation made under subsection (1) 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 made under subsection (1) shall as soon as convenient after its publication in the Gazette be brought before Parliament for approval and any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to any thing previously done thereunder.



(4) The date on which any regulation is deemed to be so rescinded shall be published in the Gazette.



Transitional provision.



16.





(1) Every person employed for the purposes of the Sugathadasa National Sports Complex, and who was in employment on the day preceding the appointed date, shall be offered employment in the Authority on terms and conditions not less favourable than those enjoyed by him on the day preceding the appointed date.



(2) Any person who does not accept an offer made to him under subsection (1), shall he paid such compensation as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.



Sinhala text to prevail in case of any inconsistency.



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



Interpretation.



18. In this Act, Unless the context otherwise requires-



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



"The Sugathadasa National Sports Complex" means the land and buildings comprised in such area as may be prescribed by regulation under this Act.
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