As enacted

Contents

4. Replacement of section 9 of the principal enactment

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

Section 9 of the principal enactment is hereby repealed and the following section substituted therefor:—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

(a)

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

Minister from time to time;

“Powers, duties and functions of the Authority.

(b)

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

Minister from time to time;

(c)

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

(d)

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

(e)

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

Government;

(f)

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

(g)

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

(h)

to formulate capital road improvement programmes for such development area;

(i)

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;

(j)

to prepare at the request of any

Government agency, road development projects and planning schemes on behalf of such agency and to co-ordinate with, or assist in, the execution of such projects or schemes;

(k)

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

(l)

to charge fees for any services provided by the Authority;

(m)

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;

(n)

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;

(o)

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;

(p)

to charge fees from any person or

Institution for using a road reservation, a public road reservation or a national highway reservation for the display of notices, banners, gantries or hoardings, or for any other commercial purpose or for erecting any structure for such purposes and to enter into agreements as may be necessary, for such purposes;

and

(q)

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.

(2)

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

Authority in the exercise, performance and discharge of its powers, duties and functions under subsection (1) to implement such programme or development work in consultation with the appropriate Government departments, public corporations, Provincial

Council or local authority, as the case may be.

(3)

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

applies shall obtain the prior approval of the

Authority, before commencing any activity referred to in that paragraph.”.

Read on from s 5