Road Development Authority (Amendment) Act 2009

This Act may be cited as the Road Development

Authority (Amendment) Act, No. 37 of 2009.

Section 3 of the Road Development Authority Act,

No. 73 of 1981 (hereinafter referred to as “the principal enactment”) is hereby amended as follows:—

by the repeal of subsection (1) of that section and substitution therefor of the following subsection:—

by the repeal of paragraph (b) of subsection (11) of that section and the substitution therefor of the following paragraph:—

Section 7 of the principal enactment is hereby amended by the repeal of subsections (1) and (2) and the substitution therefor of the following subsections:—

“(1) (a) There may be established a Road

Development Advisory Council (hereinafter referred to as “the Council”) consisting of the following members:—

the person for the time being holding the office of the Secretary to the Ministry of the Minister in charge of the subject of

a senior officer of the Ministry of the

a senior officer of the Ministry of the

a senior officer of the Ministry of the

a senior officer of the Ministry of the

a senior officer of the Ministry of the

a senior officer of the Ministry of the

the person for the time being holding the office of Director-General of the

the person for the time being holding the office of the Director-General of the Urban

the person for the time being holding the office of the General Manager of the

the person for the time being holding the office of the General Manager of the

four other members appointed by the

A member appointed under this paragraph is hereinafter in this section referred to as an “appointed member of the Council”.

The functions of the Council shall be—

to advise the Minister on road policy, road research, road planning and strategy and road development; and

to advise the Minister or the

Section 9 of the principal enactment is hereby repealed and the following section substituted therefor:—

9. (1) Subject to the provisions of subsection (2) the powers, duties and functions of the Authority, within any development area, shall be—

to carry out integrated road planning and development of roads within such areas, subject to any directions that may be given to the Authority by the

to implement related programmes of road development work, activities and services in such areas that are consistent with integrated road planning in such areas, subject to any directions that may be given to the Authority by the

to formulate and submit road development plans including capital investment plans to the Minister for approval by the Government;

to undertake the execution of road maintenance and road development projects and schemes as may be approved by the Government;

to enter into, perform and carry out, whether directly or by way of public private partnership or joint venture or with any person in or outside Sri Lanka, all such contracts or agreements as may be necessary for the purpose of carrying out any road development project or scheme as may be approved by the

to undertake the completion of any approved road development project or scheme in default by any person failing to complete such project or scheme;

to implement road development plans and capital investment plans approved by the Government;

to formulate capital road improvement programmes for such development area;

to acquire or purchase and hold any movable or immovable property or dispose of or give on lease any movable or immovable property acquired or held by it;

to prepare at the request of any

to provide road planning services for the benefit of Government agencies or other persons within such development areas;

to charge fees for any services provided by the Authority;

to accept gifts, grants, donations or subsidies whether in cash or otherwise and to apply them for carrying out any of the objects of the Authority;

to establish a regulatory body in order to formulate a regulatory framework for the Road Sector that covers planning, designing, construction, maintenance and operational aspects;

to charge fees or rentals from any utility service provider for using a road reservation, a public road reservation or a national highway reservation and to enter into agreements as may be necessary for such purposes;

to charge fees from any person or

to do all such acts or things as are incidental to or consequential upon the exercise, performance and discharge of its powers, duties and functions under this Act.

When implementing any programme of development work relating to road planning and road development within any development area, it shall be the duty of the

Any person or Institution to whom the provisions to paragraph (p) of subsection (1)

Section 12 of the principal enactment is hereby amended as follows:—

by the substitution for the expression “General

in subsection (2) thereof, by the substitution for the words “matters of policy, be charged with” of the words “matters of policy and strategy, be charged with”.

Section 15 of the principal enactment is hereby repealed and the following section substituted therefor:—

15. (1) The Authority may, subject to the provisions of subsection (2) and with the written consent of the Minister, borrow or raise such sums as the Authority may require for meeting its obligations in the discharge of its duties under this Act:—

by way of temporary overdraft or otherwise; or

by the issue of debentures and bonds, or seller’s credit.

The aggregate of the amounts outstanding in respect of any loan or fund raised by the Authority under subsection (1), shall not at any time exceed such sum as may be determined by the Minister in consultation with the Minister in charge of the subject of

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

“Borrowing powers of the

Authority.