As enacted

Contents

8. Replacement of section 8 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 8 of the principal enactment is hereby repealed and the following section substituted therefor :–

8. (1) The management and administration of the affairs of the Authority shall be vested in a Board of Management (hereinafter referred to as “the Board”) which shall consist of –

(a)

the following ex-officio members namely —

(i)

the General Manager of the National

Housing Development Authority established under the National

Housing Development Authority Act,

No. 17 of 1979 ;

(ii)

the Director-General of the Urban

Development Authority established under the Urban Development

Authority Law, No. 41 of 1978 ;

(iii)

The Director-General of the Public

Utilities Commission of Sri Lanka established by the Public Utilities

Commission of Sri Lanka Act, No.

35 of 2002 ;

(iv)

the General Manager of the National

Water Supply and Drainage Board established under the National Water

Supply and Drainage Board Law, No.

2 of 1974 ;

(v)

the Municipal Commissioners of

Municipal Councils of Colombo,

Kotte, Dehiwala Mount - Lavinia and

Moratuwa, respectively ;

(vi)

the General Manager of the Authority who shall be the Secretary of the

Board appointed interms of section 17;

“Board of

Management.

(b)

six persons to be appointed by the

Minister (hereinafter referred to as the

“appointed members”) in the following manner :—

(i)

the representative of the Secretary to the Ministry of the Minister in charge of the subject of Finance ;

(ii)

a representative of the Home

Mortgage Lenders Association ;

(iii)

a representative of the Private Sector

Developers Association ;

(iv)

a representative of the management corporation ;

(v)

a representative of the Ceylon

Chamber of Commerce ;

(vi)

a person having experience in the area of condominium property management, who shall be the

Chairman.

(2)

A person shall be disqualified from being appointed or from continuing as a member of the Board —

(a)

if he is or becomes a member of

Parliament, a Provincial Council or any local authority ;

(b)

if he is not or ceases to be a citizen of Sri

Lanka.

(3)

The appointed members shall subject to the provisions of subsections (5) and (7) hold office for a term of three years, and shall be eligible for re-appointment.

(4)

The Minister may remove from office the Chairman or any member –

(a)

if he becomes subject to any disqualifications specified in sub-section (2) ;

(b)

if he becomes incapable of performing his duties owing to physical disability or unsoundness of mind ; or

(c)

if he does any act or thing which, in the opinion of the Minister is likely to bring the Authority to disrepute.

(5)

In the event of the vacation of office by the Chairman or any other member of the

Board, the Minister may appoint another person to hold office during the unexpired part of the term of office of the member whom he succeeds.

(6)

If the Chairman or any appointed member of the Board is temporarily unable to discharge the duies of his office due to ill health or absence from Sri Lanka or for any other cause, the Minister may appoint some other person to act in his place as Chairman or as member.

(7)

Any member of the Board may at any time resign his office by written communication addressed to the Minister. Such registration shall be effective from the date of acceptence of the same by the Minister.

(8)

The members of the Board shall be remunerated in such manner and at such rates, as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(9)

The Chairman of the Board, shall, if present preside at all meetings of the Board, in the absence of the Chairman from any such meeting, the members present shall elect one of the members to preside at the meeting.

(10)

Any ex - officio member may, at any time by prior notice in writing nominate his deputy to represent him at the Board meeting to be held on a given date, if he is unable to attend such meeting due to unavoidable circumstances.

(11)

The quorum for any meeting of the

Board shall be five members and the Board may regulate the procedure in regard to the conduct of meetings of the Board and the transaction of business at such meetings.

(12)

The Board shall, in the exercise, discharge or performance of its powers, functions or duties under this Act be subject to such general or special directions as may from time to time, be issued by the Minister.

(13)

A member of the Board, who is directly or indirectly interested in any business transacted or proposed to be transacted by the

Board shall disclose the nature of such interest at the meeting of the Board where such business is discussed. The disclosure shall be recorded in the minutes of the Board, and such member shall not take part in any deliberation or decision of the Board with regard to such business, and shall withdraw from such meeting while such deliberation is in progress or such decision is being made.

(14)

No act or proceeding of the Board shall be invalid by reason only of the existence of a vacancy among its members of any defect in the appointment of a member.”.

Read on from s 9