Divineguma Act 2013 · As enacted · Part X · Repeals and Savings
Section 44
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Repeal of the Samurdhi Development Authority Act, No.30 of 1995, the Southern Development Authority Act, No.18 of 1996 and the Udarata Development Authority Act, No.26 of 2005 and savings
The Samurdhi Development Authority Act, No.30
of 1995, the Southern Development Authority Act, No.18 of 1996 and the Udarata Development Authority Act, No.26 of 2005 are hereby repealed. Notwithstanding the repeal of the aforesaid Acts:-
all activities carried out by the Commissioner-General under the repealed Samurdhi Development
Authority Act, No. 30 of 1995, in the implementation of the poverty alleviation programmes and other programmes of the government, shall be deemed to be carried out and shall continue to be carried out, under this Act;
all property movable and immovable, belonging to the Samurdhi Development Authority, Southern
Development Authority and Udarata Development
Authoirty established under the repealed Acts
(hereinafter reffered to as the “said Authorities”)
as at the date immediately prior to the appointed date shall with effect from the appointed date vest in and be deemed to be the property of the
Government;
all suits, prosecutions, actions, proceedings, matters or things which have been instituted by or against the said Authorities and which are pending as at the date immediately prior to the appointed date shall with effect from the appointed date be deemed to be suits, prosecutions, actions, proceedings, matters or things which have been instituted by or against the Government;
any decree, order or award entered or made in favour of or against the said Authorities by any court or tribunal or other body in any action, matter, proceeding or thing shall with effect from the appointed date be deemed to be a decree, order or award entered or made in favour of or against the
Government and may be enforced accordingly;
such officer or servant in the employment of the said Authorities, as at the date immediately prior to the appointed date shall-
where such officer or servant does not opt to join the service of the Department and opts for voluntary resignation from the service, such officer or servant be paid such compensation which shall be paid in terms of a voluntary retrenchment scheme as shall be prescribed by the Minister;
where such officer or servant opts to join, with effect from the date of appointment to such posts in the respective authority, the service of the Department, such officer or servant, be deemed with effect from such date of appointment and subject to the approval of the Public Service Commission, to be an officer or a servant of the Department and be eligible for a pension under the provisions of Minutes on Pensions taking into consideration the contributions made by the respective Authorities to such Provident Fund;
where such of officer or servant opts to join the services of the Department-
if such officer or servant is eligible for the receipt of any sum of money under the Employees Provident Fund Act,
No. 15 of 1958; and
if such officer or servant is eligible for the receipt of any sum of money under the Employees Trusts Fund Act, No. 46
of 1980, such officer or servant shall recover such sum of money and may, subject to the approval of the Public Service Commission, join the service of the Department. Such officer or servant shall, with effect from the date of appointment to the service of the Department, be deemed to be an officer or a servant of the
Departmeant. Further, the date on which such officer or servant is appointed to the service of the Department, shall be deemed to be the date for the purpose of computation of the pension; or
where such officer or servant who opts to join the service of the Department and also opts to contribute to the Employees’
Provident Fund and the Employees’ Trust
Fund, such officer or servant shall, subject to the approval of the Public Service
Commission, with effect from the appointed date, be deemed to be an officer or a servant of the Department and shall continue to contribute to the same :
Provided however, such officer or servant shall not be entitled to a pension under the provisions of Minutes on Pensions ;
all debts, obligations, assets and liabilities incurred, all contracts and agreements executed or enforced into and all matters and things engaged or agreed to be done by, with or for the said Authorities and all licences issued for and on behalf of the said
Authorities, as at the date immediately prior to the appointed date shall, with effect from the appointed date be deemed to be debts, obligations, assets and liabilites incurred, all contracts and agreements executed or enforced into and all matters and things engaged or agreed to be done by, with or for, and licences issued for and on behalf of, the
Government ;
all samurdhi banking societies and samurdhi banking federations that are in operation on the date immediately prior to the appointed date shall, with effect from the appointed date be deemed to be divineguma community based banks and divineguma community based banking societies respectively;
every person who has applied for, or is in receipt of, any welfare benefit, from Samurdhi Authority or
Samurdhi Commissioner General in terms of any written law or otherwise, shall notwithstanding anything to the contrary in this Act, be eligible to apply for the receipt of or continue to receive, such benefit under the provisions of this Act.