Samurdhi Authority Of Sri Lanka

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Published: 1995

Samurdhi Authority Of Sri Lanka
Samurdhi Authority Of Sri Lanka




AN ACT TO ESTABLISH THE SAMURDHI AUTHORITY OF SRI LANKA ; AND TO MAKE PROVISION FOR THE PLANNING AND IMPLEMENTATION BY THE AUTHORITY OF THE SAMURDHI PROGRAMME -WITH A VIEW TO INTEGRATING YOUTH, WOMEN AND DISADVANTAGED GROUPS INTO ECONOMIC AND SOCIAL DEVELOPMENT ACTIVITIES ; AND FOR PROMOTING SOCIAL STABILITY AND ALLEVIATING POVERTY; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.








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



[11th December

, 1995 ]













Short title and date of operation.



1. This Act may be cited as the Samurdhi Authority of Sri Lanka Act, No. 30 of 1995 and shall come into operation on such dare as the Minister may appoint by Order published in the Gazette (hereinafter referred to at the "appointed date")
PART I
ESTABLISHMENT OF THE SAMURDHI AUTHORITY OF SRI LANKA



Establishment of the Samurdhi Authority of Sri Lanka.



2.





(1) There shall be established an authority which shall be called the Samurdhi Authority of Sri Lanka (hereinafter referred to as "the Authority") consisting of the persons appointed undid section 3.



(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 such name.



Directory of the Authority.



3.





(1) The Authority shall consist of -





(a) four ex-officio directors, namely





(i) the Secretary to the Ministry of the Minister in charge of the subject of the Rural Development (hereinafter referred to as "the Secretary");



(ii) the Secretary to the Ministry of the Ministry in charge of the subject of Finance ;



(iii) the Commissioner-General of Samurdhi appointed under section 10;



(iv) the Commissioner of Poor Relief ; and



(b) three other Directors appointed by the Minister of Director appointed under this paragraph shall hereinafter be referred to as an "appointed Director").



(2) The Minister shall appoint one of the Directors to be the Directors-General of the Authority (hereinafter referred to as " the Director-General').



(3) The provisions of the Schedule to this Act shall have effect in relation to the terms of office of the Directors, and the remuneration payable to Directors, and meetings of the Authority and the seal of the Authority.



Functions of the Authority.



4. The functions of the Authority shall be to formulate a programme called the Samurdhi National Programme (hereinafter referred to as '"the programme") for the Improvement of the economic and social conditions of youth, women and disadvantaged groups of society by-





(a) broadening their opportunities for income enhancement and employment;



(b) integrating them into economic and social development activities :



(c) linking family level economic activities with community development projects at village, district divisional and provincial levels:



(d) mobilizing their participation in the planning and management of projects and schemes for their upliftment ;



(e) fostering co-operation among them, promoting savings amongst them and assisting them to obtain credit facilities :



(f) facilitating the delivery of inputs and services of Government departments, public corporations, local authorities, private sector organisations and non-government organisations to beneficiaries of the programme,



and to implement the programme so formulated and other programmes of the Government for poverty alleviation.



Powers of the Authority.



5. For the purpose of implementing the programme, the Authority shall have the power-





(a) to establish sad maintain district and divisional Samurdhi Committees at district and divisional level :



(b) to establish and maintain Samurdhi Centres and Samurdhi Baiakayas at village cluster level and village level to provide agricultural, fisheries and industrial inputs, information, management and consultancy services to beneficiaries of the programme ;



(c) to establish, committees consisting of youth at village level, district level, divisional level and national level to ensure active participation of youth In the implementation of the programme ;



(d) to establish, manage and operate savings and credit schemes for the beneficiaries under the programme ;



(e) to provide marketing services (including the provision of marketing centres) for the storage, processing and sale of products of beneficiary families ;



(f) to arrange for the conduct of lotteries with the assistance of the National Lotteries Board to raise moneys for the implementation of the Samurdhi programme ;



(g) to appoint committees of beneficiaries of the programme to plan and manage development activities at village level ;



(h) to provide training, management, consultancy and information services and agricultural, fisheries and industrial inputs to beneficiaries of the programme and beneficiary families, with a view to promoting agricultural productivity, self-employment and small enterprise development ;



(i) acquire and hold any property movable or immovable, and to sell, transfer, lease, mortgage or otherwise dispose of, such property ;



(j) receive grants, gifts, or donations in cash or kind from local or foreign sources ;



(k) enter into and perform either directly or through officers or agents authorized in writing in that behalf by the Authority, all such contracts and agreements as may be necessary for discharging its functions or the exercise of its powers.



PART II
DISTRICT SAMURDHI COMMITTEES, DIVISIONAL SAMURDHI COMMITTEES, SAMURDHI CENTRES AND SAMURDHI BALAKAYAS



District Samurdhi Committee.



6.





(1) There shall be established in each administrative district, a District Samurdhi Committee (hereinafter referred to as "the District Committee") which shall consist of the District Secretary appointed for such administrative district as its Chairman and consisting of three relevant officers of the Authority and such number of representatives of Government departments, the provincial public service, private sector establishments, non-governmental organisations and. the beneficiaries under the programme functioning or resident such administrative district, at may be determined by the District; Secretary in consultation with the Commissioner-General of Samurdhi and the Authority.



(2) The District Committee shall advise on all matters relating to the implementation of the programme and other poverty alleviation programme within the administrative district for which such District Committee is established and such Committee shall submit reports to the Commissioner-General of Samurdhi and the Authority when called for by the Commissioner-General of Samurdhi and the Authority.



Divisional Samurdhi Committee



7.





(1) There shall be established in each Divisional Secretary's division a Divisional Samurdhi Committee (hereinafter referred to as " the Divisional Committee ") which shall consist of the Divisional Secretary appointed for such Divisional Secretary's division as its Chairman and three relevant officers of the Authority and such number of representatives of Government departments the provincial public service local authorities, non-governmental organisations and the beneficiaries under the programme, functioning or resident within such Divisional Secretary's division as may be determined by the Divisional Secretary in consultation with the Commissioner-General of Samurdhi and the Authority.



(2) The Divisional Committee shall advise on all matters relating to the implementation of the programme and other poverty alleviation programmes of the Government within the Divisional Secretary's Division for which such Divisional Committee is established and such committee shall submit reports to the Commissioner-General of Samurdhi and the" Authority when called for by the Commissioner-General of Samurdhi and the Authority.



Samurdhi centers.



8.





(1) There shall be established a Samurdhi Centre in such cluster of Grama Niladhari Divisions as may be determined by the Divisional Secretary appointed for the division within which such Grama Niladhari Divisions are situated in consultation with the Authority, consisting of such under of representatives of the beneficiaries under the programme resident in. the Grams Niladhari Divisions which, form the cluster as may be determined by the Divisional Secretary.



(2) The functions of the Samurdhi Centre shall be-





(a) to plan and co-ordinate activities of the Samurdhi Balakayas established for the Grama Niladhari Divisions in that cluster ;



(b) to provide in collaboration with banks and lending institutions credit and banking facilities, and to provide training, management and other consultancy services, necessary to implement activities of the Samurdhi Balakayas established for the Grama Niladhari Divisions in that cluster;



(c) mobilize savings of the beneficiaries of the programme ;



(d) to plan and provide infrastructure facilities required for the development of villages with view to improving productive resources at the Grama Niladhari level ;



(e) to co-ordinate with Divisional Committees established for the Divisional Secretary's Division within which the Grama Niladhari Divisions of that cluster are situated to facilitate the implementation of the programme at the Samurdhi Balakaya level.



Samurdhi Balakaya.



9.





(1) There shall be established a Samurdhi Balakaya far each Grama Niladhari Division which shall consist of all the youth resident in such Grama Niladhari Division.



(2) There shall be a Executive Council for each Samurdhi Balakaya established under subsection (1) consisting of seven youth elected by the representatives of the Samurdhi Balakaya, at the Annual General Meeting of such Balakaya, the Samurdhi Niyamaka and five representatives of Government departments and non-governmental organisations engaged in Sports, Youth Affairs and Rural Development activities in such Division nominated by the Divisional Secretary appointed for the Division within which such Grama Niladhari Division is situated, to consultation with the Commissioner-General of Samurdhi.



(3) There shall be appointed a Advisory Council for each Samurdhi Balakaya established under subsection (1) for the purpose of advising and assisting such Samurdhi Balakaya in discharging it s functions and shall consist of seven persons not being youth engage in social and welfare activities in such Grama Niladhari Division for which such Samurdhi Balakaya is established.



(4) The functions of the Samurdhi Balakaya shall be-





(a) to co-ordinate, foster all activities connected with the development projects of the programme at the family level and the development projects of the programme at the Grama Niladhari Division level ;



(b) to provide in collaboration with banks and other lending institutions, credit and banking facilities, and to provide training, management and other consultancy services, necessary to Implement the development projects of the programme in the Grama Niladhari Division for which the Samurdhi Balakaya is established ;



(c) mobilize savings of the beneficiaries of the programme ;



(d) to mobilize the participation of beneficiaries resident in such Grama Niladhari Division in planning and managing the development projects of the programme and activities in such division concerning their social upliftment ;



(e) to undertake other activities assigned by the Divisional Committee appointed for the division within which such Grama Niladhari Division is situated to relation to the programme.".



PART III
COMMISSIONER-GENERAL OF SAMURDHI



Appointment of Commissioner General of Samurdhi.



10.





(1) There shall be appointed by name or by office, for the purposes of this Act, a Commissioner-General of Samurdhi (hereinafter referred to as "the Commissioner- General).



(2) There shall be appointed, by name or by office, suck number of Commissioners, District Commissioners, Deputy Commissioners and Assistant Commissioners as may be necessary for the purposes of this Act.



(3) Every District Secretary may in relation to the Administrative District to which his appointment relates exercise, perform and discharge, the powers, duties and functions, conferred or imposed on, or assigned to, the Commissioner-General by this Act, Every Divisional Secretary may, in relation to the administrative division to which his appointment relates, exercise, perform and discharge the powers, duties and functions conferred or imposed on, or assigned to, the Commissioner-General by this Act.



(4) Any Commissioner or Deputy Commissioner May be appointed for the whole of Sri Lanka or any part thereof.



Commissioner General to assist in the implementation of the programme.



11. Subject to the provisions of section 5 the Commission-General shall under the directions and control of the Secretary facilitate and assist in, the implementation of the programme and other poverty alleviation programmes of the Government by co-coordinating between the Authority and the to relevant Ministries, Government departments and other institutions.



Powers and duties of persons.



12.





(1) Every Commissioner, District Commissioner Deputy Commissioner and Assistant Commissioner shall, in the exercise of his powers, the performance of his duties or the discharge of his functions, be subject to the general direction and control of the Commissioner-General.



(2) Every Commissioner, District Commissioner, Deputy Commissioner or Assistant Commissioner may, subject to the general direction and control of the Commissioner General within the area of his appointment, exercise perform or discharge all or any of the powers, duties or functions conferred or, imposed upon or, assigned to the Commissioner-General by, or under, this Act.



Power of Commissioner General to call for information.



13. The Commissioner-General may, by notice in writing require any person to furnish him, within such time as may be specified in the notice such information as may be necessary to ascertain the accuracy of any statement contained in any declaration made to him under this Act, and it shall be the duty of such person to comply with such requirement.



PART IV
STAFF OF THE AUTHORITY



Appointment of officers and servants of the Authority.



14.





(1) The Director-General shall be the Chief Executive Officer of the Authority.



(2) The Director-General shall subject to the general direction of the Authority on matters of policy be charged with the direction of the business of the Authority and the discharge of its functions by the Authority.



(3) The Authority shall have the power to appoint such number of officers, agents and servants as it considers necessary for the efficient discharge of its functions and the performance of its duties under this Act, and to exercise disciplinary control over and dismiss any officer, agent or servant so appointed.



(4) The Authority may delegate to the Director-General in any officer appointed under subsection (3) any of it's flowers, and the person to whom such powers are delegated may exercise such powers subject to the direction of the Authority.



(5) The officers, agents and servants appointed under subsection (3), shall be remunerated to such manner at suck rates and shall be subject to such conditions of service as may be determined by the Authority.



(6) At the request of the Authority any officer in the public service may, with the consent of that officer and Secretary to the Ministry of the Minister to 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 with the consent or with the like consent be permanently appointed to such staff.



(7) 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.



(8) 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.



(9) Where the Authority employs any person who has agreed to serve the Government for a specified period, any period of service with the Authority by that person shall be regarded as service to the Government for the purposes of charging the obligations of that person under such agreement.



PART V
FINANCE



Fund of the Authority.



15.





(1) The Authority shall have it's own Fund (hereinafter referred to aa "the Fund")-



(2) There shall be paid into, the Fund-





(a) all such sums of money as may be voted from time to time by Parliament for the use of the Authority ;



(b) all sums of money received by the Authority from any source, as gifts and donations to the Fund ;



(c) all sums of money received by the Authority as Income from any property owned or administered by, the Authority; and



(d)all sums of money derived by the Authority in the exercise of the powers, and the discharge of it's functions under this Act.



(3) There shall be paid out of the Fund, all sums of money required to defray expenditure incurred by the Authority in the exercise, performance and discharge, of it's powers, duties and functions under this Act, and all sums of money required to be paid out of the Fund, by or under this Act.



Borrowing powers.



16.





(1) The Authority may, with the concurrence of the Minister and the Minister in charge of the subject of Finance or in accordance with the terms of any general authority given with like concurrence, borrow by way of loan, draft or otherwise, or negotiate and obtain on credit, such sums as the Authority may require for discharging the functions of the Authority:



Provided that the aggregate of the amounts outstanding In respect of loans raised by the Authority under this subsection shall not at any tune, exceed such sums as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.



(2) The Authority with the consent of the Minister given with the concurrence of the Minister in charge of the subject of Finance borrow money otherwise than by way of leant under subsection (1) for all or any of the following purposes: -





(a) the requisition or acquisition of any movable or immovable property required for the use of the Authority ;



(b) the repayment of any money borrowed under sub-section (1).



Financial year and audit of accounts of the Authority.



17.





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



(2) 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.



(3) The provisions 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.



PART VI
GENERAL



Declaration of secrecy.



18. Every Director of the Authority, all officers and servants of the Authority, the Commissioner-General, every Commissioner, District Commissioner, Deputy Commissioner and Assistant Commissioner shall before entering upon his duties sign a declaration pledging himself to observe strict secrecy respecting all matters connected with the working of the Authority and shall by such declaration pledge himself not to disclose any matters which may come to his knowledge in the discharge of his functions, except-





(a) when required to do so by a court of law, or



(b) in order to comply with any of the provisions of this Act.



Returns and information.



19.





(1) For the purposes of enabling the Authority to exercise and discharge any of its powers and functions under this Act, the Authority or any person authorised to that behalf by the Authority may, by notice in writing require any person to furnish to the Authority or to the person authorised by the Authority, within such period as shall be specified in the notice, such returns and information as shall be specified in such notice and require any person to be present before the Authority.



(2) It shall be the duty of any person who is required by a notice under subsection (1), to furnish any return or information or to be present before the Authority to comply with the requirements of such notice within the period specified in such notice, except where such person is prohibited from furnishing such returns or information under the provisions of any law.



(3) No information contained to a return furnished in compliance with a notice issued under subsection (1) shall be published or communicated by the Authority to any other person except with the consent of the person furnishing such return or information or in the course of the discharge of the functions of the Authority.



(4) Every person who makes any statement before the Authority shall in respect of such statement be entitled to all the privileges to which a witness giving evidence before a court of law is entitled in respect of evidence given by him before such court.



Conduct of Lottery.



20.





(1) The Authority shall conduct such number of lotteries in each year as may be prescribed.



(2) Every lottery shall be conducted by the Authority in such manner as may be prescribed.



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



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



The Authority deemed to be a scheduled institution within the meaning of the Bribery Act.



22. 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.



Committees.



23. The Authority may establish Committees for such period for the purpose of advising and assisting the Authority in the discharge of its functions and may appoint any such person as it may deem necessary to serve on such Committees.



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



24. No suit or prosecution shall lie-





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



(b) against any Director, 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 Authority.



An application of the provisions of the Finance companies Act, No. 78 of 1988.



25. Notwithstanding the provisions of section 2 of the Finance Companies Act, No. 78 of 1988, the provisions of that Act shall not apply to the business carried on by the Authority under paragraph (d) of section 5.



Offences.



26.





(1) Any person who makes any statement relating to his assets and liabilities or those of his spouse, children or dependants, which to his knowledge is false or incorrect in any declaration made by him under this Act shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two thousand rupees or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.



(2) Any person who, being a person who is a beneficiary under the programme, omits, without reasonable cause, to notify the authority or the Commissioner-General any material change in the particulars furnished by him in a declaration made by him under this Act with respect to-





(a) his assets and liabilities ; or



(b) the assets and liabilities of his spouse, children or other dependants,



within a period of two months from the date of such change, shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding two thousand rupees or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.



(3) Any person who-





(a) fails to comply with the requirement of a notice sent to him under section 19 ;



(b) knowingly furnish any false or incorrect return or information, in compliance with the requirements of any such notice,



shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding two thousand rupees.



(4) Any person who-





(a) resists or obstructs, interferes with, or attempts to interfere with, or influence, any officer of the Authority in the discharge of his functions under this Act; or



(b) instigates or attempts to instigate any person to make a fallen declaration under this Act,



shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding ten thousand rupees or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.



(5) Any Director, the Commissioner-General, any Commissioner, District Commissioner, Assistant Commissioner, or any officer or servant of the Authority who-





(a) being a per on required to take an oath of secrecy under section 18 acts under this Act without taking such oath; or



(b) who sets in contravention of the provisions of section, shall be guilty of an offence under this Act, and



shall be liable, on conviction after summary trial before a Magistrate, to a fine not exceeding two thousand rupees or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.



(6) Any person who contravenes any regulation made under this Act shall be guilty of an offence under this Act and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one thousand rupees.



Regulations.



27.





(1) The Minister may make regulations in respect of all or any of the following matters: -





(a) all matters required or authorized by this Act to be prescribed;



(b) conditions of eligibility to be a beneficiary under the programme;



(c) the manner in which applications to be a beneficiary under the programme shall be made ;



(d) the conditions to be complied with by such beneficial les to obtain relief under the programme and the form and manner in which relief is to granted to such beneficiaries under the programme ;



(e) the form of all notices and declarations required to be issued or made for the purposes of this Act ;



(f) the publication, from lime to time, of lists of persons declared to be beneficiaries under the programme.



(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. Any such regulation which is not so approved shall be deemed to be rescinded from the date of disapproval but without prejudice to any thing previously done thereunder. Notification of the date on which a regulation is deemed to be rescinded shall be published in the Gazette.



Sinhala text to prevail be case of inconsistency.



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



Interpretation.



29. In this Act unless the context otherwise requires-



" local authority" means a 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;



"Provincial Council" means s Provincial Council established by Chapter XVIIA of the Constitution ;



"Youth" means any person between eighteen and thirty five years of age;
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