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Part II · Objectives and Powers, Duties and Functions of the Commission

6. Powers, duties and functions of the Commission

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

The Commission shall, in furtherance of the national interest or in the advancement of the national economy, exercise, perform and discharge, the powers, duties and functions as are set out below: –

(a)

to issue or grant a registration, licence, authorisation and other approval to engage in business, in and from the Area of Authority of the Colombo Port City and facilitate businesses and investments in terms of this Act;

(b)

to facilitate and exercise regulatory supervision and control over all investments and businesses in and from the Area of Authority of the Colombo Port City, in terms of this Act, with the concurrence of the relevant Regulatory Authority:

Provided that, the concurrence of the relevant

Regulatory Authority sought shall be limited to the implementation by the Commission, within the Area of Authority of the Colombo Port City, of the respective written laws applicable to such authority;

(c)

to lease, subject to the provisions of this Act and other applicable written laws, Government

Marketable Land situated within the Area of

Authority of the Colombo Port City and vested in the Commission in terms of this Act;

(d)

to lease, subject to the provisions of this Act and other applicable written laws, Project Company

Marketable Land situated within the Area of

Authority of the Colombo Port City and vested in the Commission in terms of this Act, together with

Project Company which holds Master Leases relating thereto;

(e)

to lease or transfer on freehold basis, subject to the provisions of this Act and other applicable written laws, condominium parcels standing on Government

Marketable Land situated within the Area of

Authority of the Colombo Port City and vested in the Commission in terms of this Act, together with the respective investor or developer, as the case may be;

(f)

to lease or transfer on freehold basis, subject to the provisions of this Act and other applicable written laws, condominium parcels standing on Project

Company Marketable Land situated within the Area of Authority of the Colombo Port City and vested in the Commission in terms of this Act, together with the Project Company which holds Master Leases relating thereto;

(g)

to be the Single Window Investment Facilitator while being the sole point of contact to investors and promote the ease of doing business through the expeditious facilitation and issuance of all registrations, licences, authorisations and other approvals required for engaging in business in and from the Area of Authority of the Colombo Port City, where so required by the respective written laws applicable to such Regulatory Authority;

(h)

to function as the Single Window Investment

Facilitator, and evaluate, make recommendations on or approve or facilitate the approvals as set out in this Act proposals submitted to the Commission for engaging in business in and from the Area of

Authority of the Colombo Port City, in terms of Part

VI of this Act;

(i)

to plan, issue and monitor compliance, notwithstanding anything to the contrary in any other written law, of all other permits, clearances, work permits and such other approvals as may be required to engage in development activities, operate businesses, shopping, entertainment including gaming activities and such other facilities, to obtain possession of commercial residential facilities, in and from the Area of Authority of the Colombo Port

City;

(j)

to develop and approve environmental standards and plan, monitor and execute environmental improvements as may be required within the Area of

Authority of the Colombo Port City;

(k)

to ensure that the implementation of development work, (inclusive of the construction, in accordance with the provisions of Part X of this Act, of condominium parcels), activities and services within the Area of Authority of the Colombo Port City, are carried out in compliance with the Master Plan and the Development Control Regulations as may be prescribed, subject to any directions as may be given by the President or in the event that the subject of the Colombo Port City is assigned to a Minister, by such Minister;

(l)

to enter into contracts with any person as may be necessary in the exercise, performance and discharge of its powers, duties and functions;

(m)

to co-operate and enter into agreements with international financial and business centres, regulators and other bodies, institutions, organisations, and persons, for the achievement of its objectives and the exercise, performance and discharge of its powers, duties and functions;

(n)

to charge fees and other charges as may be determined by the Commission for ancillary services and facilities provided directly by the Commission or through the

Estate Manager within the Area of Authority of the

Colombo Port City;

(o)

to impose conditions or requirements and issue directions in relation to any service or facility provided by the Commission or through the Estate

Manager within the Area of Authority of the

Colombo Port City;

(p)

to identify local assessment rates and any other levies applicable within the Area of Authority of the

Colombo Port City as authorised by this Act, at rates as shall be prescribed;

(q)

to facilitate the establishment and operation, within the Area of Authority of the Colombo Port City, any stock, precious metal or commodity, exchange or market, to be operated by authorised persons, for trade in any designated foreign currency, subject to such terms, conditions and procedures as may be prescribed;

(r)

to call for documents or information as may be required, in respect of any application made by any company or person to the Commission, for registration as an authorised person;

(s)

to amend, transfer, assign, renew or accept the surrender of, any registration, licence, authorisation or other approval, at the request of an authorised person;

(t)

to amend, cancel, suspend or revoke any registration, licence, authorisation or approval granted by the

Commission, in the event of a material default or breach by an authorised person;

(u)

to prepare, develop, amend, update, publish and enforce all Community Rules and, enforce the

Development Control Regulations as may be prescribed for applicability within the Area of

Authority of the Colombo Port City;

(v)

to facilitate the formulation of regulations on matters required to be prescribed in terms of this Act;

(w)

to make rules and codes in respect of matters set out in this Act and specify procedures and standards, issue directions and guidelines as may be required for the due administration and management of the powers, duties and functions of the Commission, which shall be applicable within the Area of

Authority of the Colombo Port City;

(x)

to facilitate the expeditious resolution of any commercial dispute involving an authorised person as provided for in this Act;

(y)

to make recommendations relating to policy formulation to the President or in the event that the subject of the Colombo Port City is assigned to a

Minister, to such Minister, on any matter pertaining to the Area of Authority of the Colombo Port City;

(z)

to submit reports on any specific matter relating to the Area of Authority of the Colombo Port City, as may be requested by the President or in the event that the subject of the Colombo Port City is assigned to a Minister, by such Minister;

(aa)

to submit to the President or in the event that the subject of the Colombo Port City is assigned to a

Minister, to such Minister, and to the Minister assigned the subject of Finance, an annual report on the operations, income and expenditure of the

Commission, to be placed before Parliament;

(ba)

to appoint, remove and exercise disciplinary control over, the Director-General and determine the terms and conditions of his service including the salary, and any other allowances, in consultation with the

President or in the event that the subject of the

Colombo Port City is assigned to a Minister, with such Minister and to remunerate the Director-General out of the Fund of the Commission;

(ca)

to appoint and dismiss and exercise disciplinary control over the staff of the Commission and to determine the terms and conditions of their service including their salaries, wages and any other allowances, as may be determined by the

Commission;

(da)

to engage the services of consultants or advisors as may be necessary to assist the Commission in the exercise, performance and discharge of its powers, duties and functions in such manner and at such amounts as may be determined by the Commission in consultation with the President or in the event that the subject of the Colombo Port City is assigned to a Minister, with such Minister and remunerate them out of the Fund of the Commission;

(ea)

to hold, take on lease or rent in the name of the

Commission any office and other space as may be required for operational or administrative purposes of the Commission;

(fa)

to manage the Fund of the Commission, make investments, operate and maintain bank accounts and borrow funds subject to such regulations as may be prescribed in terms of this Act, and to approve and manage the annual budget of the Commission;

(ga)

to regulate gaming activities within the Area of

Authority of the Colombo Port City and where required, to make regulations for the management of such activities;

(ha)

to delegate or assign to the company incorporated in terms of the Companies Act, No. 7 of 2007 and designated the Estate Manager in terms of section 59

of this Act, such functions as are connected with the subjects of condominium management and apartment ownership or any other assigned function, which may be prescribed ; and

(ia)

generally, to do all other acts and things, incidental to or consequential upon, the exercise, performance and discharge of the powers, duties and functions vested in, assigned or delegated to the Commission in terms of this Act.

(2)

In the exercise, performance and discharge of its powers, duties and functions as set out in subsection (1), the

Commission shall, when engaging in international promotional activities in relation to the Colombo Port City, ensure to the greatest extent possible, a domestic content in the development of documentaries, preparation of content, designing and information technology support, and a participation of local aptitude and skills in such promotional activities.

Part III

Composition of and the Administration and Management of the Affairs of the Commission

Part IV

Fund of the Commission

Part V

The Director-General and the Staff of the Commission

Part VI

Part VII

Offshore Companies to Operate Within the Area of Authority of the Colombo Port City

Part VIII

Offshore Banking Business in and from the Area of Authority of the Colombo Port City

Part IX

Determination and Grant of Exemptions or Incentives for the Promotion of Businesses of Strategic Importance

Part X

Applicability of the Condominium Management Authority Law and the Apartment Ownership Law

Part XI

Applicability of the Securities and Exchange Commission Act

Part XII

Estate Manager and Provision of General Services

Part XIII

International Commercial Dispute Resolution Centre

Part XIV

Priority in Hearing Legal Proceedings

Part XV

Interim Provisions and Investment Protection

Part XVI

Miscellaneous Provisions

Schedules