A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE SKI LANKA NATIONAL FREEDOM FROM HUNGER CAMPAIGN BOARD AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows: -
1. This Law may be cited as the Sri Lanka National Freedom from Hunger Campaign Law, No. 15 of 1973.
ESTABLISHMENT, OBJECTS AND POWERS OF THE SRI LANKA NATIONAL FREEDOM FROM HUNGER CAMPAIGN BOARD
Establishment of Sri Lanka National Freedom From Hunger Campaign Board.
(1) There shall be established a Board which shall be called the Sri Lanka National Freedom From Hunger Campaign Board (hereinafter referred to as the " Board ") and which shall consist of the persons deemed to be members of the Board under section 5.
(2) The Board shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.
(3) The head office of the Board shall be in Colombo or at such other place as may be determined by the Board.
General objects of the Board.
3. The general objects of the Board shall be-
(i) to secure the aid of non-governmental agencies, both foreign and local, for social and economic development in accordance with the programme of development formulated by the Government;
(ii) to assist institutions and other bodies in carrying out schemes of public utility, social welfare and economic development;
(iii) to aid, promote and co-ordinate specific projects directed towards agricultural and industrial development;
(iv) to stimulate non-governmental agencies in the implementation of projects for increasing agricultural and industrial production;
(v) to collaborate with the International Freedom From Hunger Campaign and other similar institutions, associations or societies abroad.
Powers of the Board.
4. The Board shall, in furtherance of the objects of the Board, have the power-
(a) to receive aid and donations in cash, equipment or in any other form from non-governmental sources;
(b) to disburse such aid and donations on such terms and conditions as the Board may deem necessary;
(c) to review and co-ordinate the activities of nongovernmental agencies receiving assistance in cash, goods or services from foreign sources;
(d) to call for reports on the activities of nongovernmental organizations receiving aid in cash, goods or services from non-governmental sources for the purposes specified in section 3;
(e) to negotiate with non-governmental organizations, both foreign and local, for the grant of aid for approved projects;
(f) to sell, or otherwise dispose of, commodities received by way of aid from non-governmental sources;
(g) to purchase, hold, take on lease, rent, hire or mortgage any movable or immovable property;
(h) to negotiate and enter into contracts or agreements and to vary or rescind such contracts or agreements;
(i) to sell, manage, transfer, exchange, mortgage, lease, hire or otherwise dispose of any movable or immovable property;
(j) to impose and recover charges for the services rendered by the Board;
(k) to recover, in appropriate cases, the rupee value of aid or donations whether in cash, commodities or equipment received from foreign non-governmental sources and channeled to local recipients, from, such recipients:
(l) to establish and maintain information and educational services;
(m) to draw, make, accept, endorse, and discount cheques, notes or other negotiable instruments for the purposes of the Board;
(n) to pay all expenses preliminary or incidental to the establishment of the Board and for the management and administration of its affairs;
(o) to do all such other things as the Board may think It necessary, incidental or conducive to the attainment of its objects.
Constitution of the Board.
(1) The Board shall consist of the following members: -
(a) a Chairman, Vice-Chairman and three other members appointed by the Minister (all such members being hereinafter referred to as " appointed members "); and
(b) six other members (hereinafter referred to as " nominated members ") nominated as follows:
(i) two such members shall be officers nominated by the Minister in charge of the subject of Planning and Employment from among officers attached to or serving in any Department under his Ministry;
(ii) one such member shall be an officer nominated by the Minister in charge of the subject of Plantation Industry from among officers attached to or serving in any Department under his Ministry;
(iii) one such member shall be an officer nominated by the Minister in charge of the subject of Agriculture from among officers attached to or serving in any Department under his Ministry;
(iv) one such member shall be an officer nominated by the Minister in charge of the subject of Home Affairs from among officers attached to or serving in any Department under his Ministry;
(v) one such member shall be an officer nominated by the Minister in charge of the subject of Irrigation, Power and Highways from among officers attached to or serving in any Department under his Ministry.
(2) A person shall be disqualified from being appointed or from continuing as an appointed member of the Board if he is or becomes a member of the National State Assembly or if he is not or ceases to be a citizen of Sri Lanka.
(3) Every appointed member of the Board-
(a) shall, unless he earlier vacates his office by death, resignation or removal, hold office for a period of three years from the date of his appointment; and
(b) shall be eligible for reappointment:
Provided that a member appointed by the Minister to fill a vacancy in the office of a member of the Board shall hold office for the unexpired portion of the term of office of the member whom he succeeds.
(4) Every nominated member shall, unless he earlier vacates office by death or removal, hold office during his tenure of office in the post which he held at the time of his appointment as members of the Board or for a period of three years, whichever is the lesser.
(5) A member of the Board, other than a nominated member, may resign his office by letter addressed to the Minister.
(6) Any member of the Board may be removed from office by the Minister without assigning any reason therefor, so however, that a member who was nominated by a Minister under subsection (1) (b) of section 5 shall not be so removed without the concurrence of the Minister who nominated such member.
(7) The removal of any member of the Board under subsection (6) shall not be called in question in any court.
(8) All or any of the members of the Board may be paid remuneration out of the funds of the Board at such rates as may be determined by the Minister.
(9) Where any member of the Board becomes temporarily unable to perform the duties of his office by reason or illness or other infirmity or absence from Sri Lanka, the Minister may appoint a fit and proper person to act in, his place.
(10) Where the Chairman or Vice-Chairman of the Board becomes temporarily unable to perform the duties of his office by reason of illness or other infirmity or absence from. Sri Lanka, the Minister may appoint a fit and proper person to act in place of such Chairman or Vice-Chairman, as the case may be.
(11) Where the Chairman or Vice-Chairman vacates his office earlier, the Minister may appoint another person, to hold office during the unexpired term of office of such Chairman or Vice-Chairman, as the case may be.
(12) No act or proceeding of the Board shall be invalid by reason only of the existence of any vacancy among its members or any defect in the appointment or nomination of a member thereof.
Meetings of the Board.
(1) Meetings of the Board shall be held as often as the Chairman may deem necessary.
(2) The quorum for a meeting of the Board shall be live members, and, subject as aforesaid, the Board may regulate its own procedure in regard to the meetings of the Board and the transaction of business at such meetings.
(3) The Chairman or in his absence the Vice-chairman shall preside at all meetings of the Board.
(4) The Board shall cause minutes of its meetings to be recorded.
Directions of the Board.
7. The Minister may give such general or specific directions in writing as to the performance of the duties and the exercise of the powers of the Board and it shall be the duty of the Board to comply with such directions.
Officers and servants of Board deemed to be state officers. Cap. 19.
8. All officers and servants of the Board shall be deemed to be state officers within the meaning and for the purposes of the Penal Code.
Board deemed to be a scheduled institution, within the meaning of the Bribery Act. Cap. 26.
9. The Board shall be deemed to be a scheduled institution within the meaning of the Bribery Act, and the provisions of that Act shall accordingly apply to and in relation to the Board.
STAFF OF THE BOARD
Appointment of officers and servants.
(1) The Board may appoint to the staff of the Board such officers, servants and agents as it considers necessary for the efficient discharge of its functions.
(2) Such officers, servants and agents of the Board shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service, as may be determined by the Board.
Powers of the Board in regard to the staff of the Board.
(1) The Board may make rules for the following purposes: -
(a) the appointment, promotion, dismissal and disciplinary control of the staff of the Board;
(b) the fixing of salaries or other remuneration of the staff;
(c) the terms and conditions of service of the staff; and
(d) the administration of the affairs of the Board.
(2) At the request of the Board, any state officer may, with the consent of that officer and the Secretary to the Ministry of Public Administration, be temporarily appointed to the staff of the Board for such period as may be determined by the Board or with like consent be permanently appointed to such staff.
(3) Where any state officer is temporarily appointed to the staff of the Board, subsection (2) of section 9 of the Motor Transport Act, No. 48 of 1957, shall mutatis mutandis apply to and in relation to such officer.
(4) Where any state officer is permanently appointed to the staff of the Board, subsection (3) of section 9 of the Motor Transport Act, No. 48 of 1957, shall mutatis mutandis apply to and in relation to such officer.
(5) Where the Board employs any person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service under the Board by that person shall be regarded as service under the Government for the purpose of discharging the obligations of such contract.
(6) Where any person is temporarily appointed to the staff of the Board, he shall be subject to the same disciplinary control as any permanent member of such staff.
FINANCES OF THE BOARD
Funds of the Board.
(1) The Board shall have and maintain its own fund.
(2) There shall be paid into the fund of the Board-
(a) a grant of two hundred thousand rupees out of the Consolidated Fund and such further grants as may, from time to time, be paid out of the Consolidated Fund, by resolution of the National State Assembly;
(b) such moneys as are lying on the day immediately preceding the date on which this Law comes into operation, to the credit of the Ceylon National Freedom From Hunger Campaign Committee in the People's Bank;
(c) such service charges as may accrue to the Board on all aid disbursed to Government and nongovernmental projects;
(d) such moneys which will accrue from time to time to the Board under section 4 of this Law;
(e) such trust funds as may be made available to the Board in terms of section 20 of the Trusts Ordinance.
(3) There shall be paid out of the fund of the Board-
(a) all such sums of money required to defray the expenses of the Board, incurred in the exercise of its powers and the discharge of its functions under this Law;
(b) the initial expenses incurred in the establishment of the Board and the recruitment of the staff, purchase of equipment and such other expenses as are necessary or incidental to the establishment of the Board;
(c) all such moneys as may become payable from time to time in respect of projects approved by the Board.
Financial year of the Board.
13. The financial year of the Board shall be the period of twelve months commencing on the first day of January each year.
Application of provisions of Part II of the Finance Act, No. 38 of 1971.
14. The provisions of Part 11 of the Finance Act, No. 38 of 1971, shall mutatis mutandis apply to the financial control of the Board,
(1) The Board may make rules in respect of all or any of the matters for which rules are required or authorized to be made by this Law.
(2) No rule made by the Board shall have effect until Gazette.
No writ to issue against person or property of a member at the Board.
16. No writ against person or property shall be issued against a member of the Board in any action brought against the Board.
Protection for action taken under this Law or on the direction of the Board.
17. No suit or prosecution shall lie against any officer, servant or agent of the Board for any act which in good faith is done or purported to be done by him under this Law or under the directions of the Board.
Appointment of panels.
(1) The Board may appoint panels, each such panel consisting of such persons as the Board may consider necessary for the purpose of advising and assisting the Board on the general advancement of any particular activity or activities connected with or incidental to the carrying out of the objects of the Board.
(2) The Chairman of the Board shall appoint a member of the Board as convenor of any such panel or panels and an officer of the Board nominated by the Chairman shall function as the Secretary of each such panel.
(3) The Board shall have the power to revoke the appointment of any panel or any member of a panel appointed under this section without giving any reason therefor.
Board to succeed to assets, liabilities, &c. of the Ceylon National Freedom From Hunger Campaign Committee.
19. The Board shall be the successor to the Ceylon National Freedom from Hunger Campaign Committee, from the date on which this Law comes into operation, and all assets, liabilities, staff and equipment of the Ceylon National Freedom From Hunger Campaign Committee on the day immediately preceding the date on which this Law comes into operation shall accordingly be deemed to be part of the assets, liabilities, staff and equipment of the Board.
20. In this Law, unless the context otherwise requires-
" Ceylon National Freedom From Hunger Campaign Committee " means the Committee appointed in September, 1962, by the Minister of Land, Irrigation and Power;
" Minister " means the Minister to whom the subject of Agriculture has been assigned by the Prime Minister.