Sri Lanka Consolidated Acts

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Pradeshiya Sabhas Act (No. 15 of 1987) - Sect 19

Powers of the Pradeshiya Sabha

19.
(1) For the purpose of the performance of its duties under this Act, a Pradeshiya Sabha (without prejudice to any other powers specially conferred upon it) shall, subject to the other provisions of this Act and to any rules made thereunder and the Local Government Service Law, No. 16 of 1974, have the following powers:
(i) to create all such posts or offices as it may deem necessary and to assign to any such post or office, such salary, allowance or remuneration as the Pradeshiya Sabha may deem fit, subject however, to the prior approval in writing of the Commissioner regarding such creation and assignment of salary;
(ii) to make appointments to any post or office in the service of the Pradeshiya Sabhas;
(iii) to remove any officer or servant of the Pradeshiya Sabha ;
(iv) to abolish any post or office in the service of the Pradeshiya Sabha ;
(v) to grant pensions to officers and servants of the Pradeshiya Sabha on their retirement from service;
(vi) to enter into any agreement with any other Pradeshiya Sabha or other local authority for the joint execution of any work or for the employment and remuneration of any officer or servant, of such Pradeshiya Sabha ;
(vii) to spend any part of the Pradeshiya Sabha Fund on maternity and child-welfare services, health education, maintenance of primary health centres, the training of midwives for the purpose of any maternity service established by the Pradeshiya Sabha, housing schemes, such charities or such measures for the relief of distress caused by rain, floods, gales, fire, earthquake, famine or epidemics, or such other purpose as may be approved by the Minister;
(viii) to purchase or take on lease any land or building
(ix) to receive and hold property in trust for the in habitants of the area for which such Pradeshiya Sabha is constituted or any section of such inhabitants, or for the purposes of any public service administered by the Pradeshiya Sabha, and to otherwise act as trustee for any public purpose ;
(x) to sell or exchange with the prior approval in writing of the Minister, any land or building belonging to the Pradeshiya Sabha or vested in it otherwise than by virtue of section 16 and subject to the terms and conditions of the instrument by which such land or building was transferred to the Pradeshiya Sabha ;
(xi) to let or lease with the prior approval in writing of the Minister, any land or building vested in the Pradeshiya Sabha by virtue of section 16 or section 18 and not required for a public purpose and subject to the terms and conditions of the instrument by which such land or building was transferred to or vested in the Pradeshiya Sabha ;
"(xii) to let or lease any land or building belonging to the Pradeshiya Sabha or vested in such Pradeshiya Sabha, otherwise than by virtue of section 16 or section 18 and subject to the terms and conditions of the instrument by which such land or building was transferred to or vested in the Pradeshiya Sabha ;
(xiii) to enter into any contract with any person for an ' work to be done, service to be rendered, goods or materials to be supplied;
"(xiv) to spend any part of the Pradeshiya Sabha Fund for the construction or alteration, improvement or maintenance of village works, and for the purpose of administering any property vested in or acquired by or otherwise transferred to the Pradeshiya Sabha, or of carrying out the provisions of this Act or any by-law made or deemed by virtue of any written law to have been made thereunder ;
(xv) to establish ferries, to impose and to levy or to lease the right to collect tolls at any ferry established or maintained by the Pradeshiya Sabha, and for the protection of such ferry, to prohibit or restrict private ferries by by-laws made in that behalf;
(xvi) in the case of a ferry established or maintained between any place within the limits of any Pradeshiya Sabha and any place within the limits of any other Pradeshiya Sabha or within the administrative limits of any other local authority, to distribute the tolls that may be imposed or levied in respect of any such ferry, in such manner or proportion as may be fixed by agreement entered into with any other Pradeshiya Sabha or with such local authority, as the case may be, and to spend any part of the Pradeshiya Sabha Fund for any work of construction or maintenance to be carried out beyond the limits of the Pradeshiya Sabha area in connection with any such ferry;
(xvii) to spend any part of the Pradeshiya Sabha Fund in the conduct of experiments in agriculture and the breeding of domestic animals and in the maintenance of experimental forms and studies for that purpose;
(xviii) to spend any part of the Pradeshiya Sabha Fund in the promotion of religion are culture, including the making ('If contributions towards the costs of the organization of religious ceremonies and festivals, the maintenance of Dhamma Schools and Sasana Rakshaka Mandalayas, the establishment of cultural centres, the organization of literary and cultural festivals, the publication of books of literary and cultural value and the award of prizes to artists, authors and craftsmen;
(xix) to-
(a) prepare and submit to the appropriate authority, a programme for the provision of educational facilities, such as buildings, furniture, playgrounds, hostels, teachers quarters sports materials and library facilities, in the Pradeshiya Sabha area;
(b) recommend to the appropriate authority, the opening, closing, amalgamation, naming and upgrading of, schools in the Pradeshiya Sabha area;
(xx) to organize employment programmes for the inhabitants of the Pradeshiya Sabha area;
(xxi) to implement any scheme or work delegated to it by the Development Council established for the administrative district within the limits of which the Pradeshiya Sabha area is situated ;
(xxii) to spend any part of the Pradeshiya Sabha Fund, in promoting rural women's development activities, integrated development of selected villages, community development projects, and in making grants to rural development projects, Gramodaya Mandalayas and rural development organizations qualified to be represented on Gramodaya Mandalayas ;
(xxiii) to spend any part of the Pradeshiya Sabha Fund, in the provision of relief to poor people, the rehabilitation and care of destitute persons and physically, mentally or socially handicapped persons;
(xxiv) with the prior approval of the Minister
(a) to engage in commercial and industrial enterprises for the manufacture and production of such machinery, equipment, articles; materials and goods, as may be required for the public services or the public utility services, as the case may be, which may be established and maintained by any Municipal Council or Urban Council under the Municipal Councils Ordinance or the Urban Councils Ordinance respectively, or under any other written law; and
(b) to sell such machinery, equipment, articles, materials or goods to any Urban Council or Municipal Council or to the public at such prices as may be determined by the Pradeshiya Sabha and approved by the Minister;
(xxv)to make by its officers authorized in that behalf and the servants or workmen accompanying them, all such entries into lands and buildings and inspections thereon as may be necessary for the detection and abatement of nuisance, the detection prevention and abatement of all contraventions of this Act or of by-laws or rules made thereunder, or for the performance of acts required to be done under this Act in respect of which the owner or occupier is, or may be deemed to be, in default ;
(xxvi) by its Chairman or other officers authorized by him, to hold all inquiries which the Chairman may deem necessary for any of the purposes of this Act, and for the purpose of all such inquiries, to administer oaths and summon witnesses;
(xxvii) to set apart such contributions from the Pradeshiya Sabha and as the Minister may approve towards the cost of any association of local authorities for the consideration of matters relating to local administration;
(xxviii) to spend any part of the Pradeshiya Sabha Fund in the payment of allowances to the Chairman, Vice-Chairman and other members at such rates as may be prescribed by rules;
(xxix) to spend any part of the Pradeshiya Sabha Fund in the payment of travelling allowances to members of the Pradeshiya Sabha, for attendance at meetings of the Pradeshiya Sabha, or to members or officers of the Pradeshiya Sabha attending, with the approval of the Pradeshiya Sabha any meeting or conference of members or officers of Pradeshiya Sabhas for the consideration of matters relating to local administration;
(xxx) to institute or defend any legal proceedings which the Pradeshiya Sabha may deem necessary to institute or defend for the purpose of enforcing or protecting the rights of the Pradeshiya Sabha or of the public or of protecting its members or officers in the execution or intended execution of their duties ;
(xxxi) to enforce by-law made or deemed to have been made by it under this Act and to enter prosecutions in the Magistrate's Court for breaches of such by-laws; and
(xxxii) generally to do all things necessary for the effective exercise of the powers and duties of the Pradeshiya Sabha.
(2)
(a) The Minister may approve any commercial or industrial enterprise under paragraph (XXIV) of subsection (1) having regard to
(i) the economic viability of such enterprise;
(ii) the benefits that may accrue to any Pradeshiya Sabha and the public by the operation of such enterprise ;
(iii) the financial position of the Pradeshiya Sabha engaging in such enterprise.
(b) No sums of money appropriated or granted to a Pradeshiya Sabha by Parliament under paragraph (c) or (d) or (i) of subsection (2) of section 129 shall be utilized by such Sabha for the purpose of establishing or maintaining any commercial or industrial enterprise.
(c) Where the Minister is of the opinion that the continued operation of any commercial or industrial enterprise of any Pradeshiya Sabha would be prejudicial to the interest of such Sabha by reason of mismanagement or that it is likely to involve financial loss to the Sabha, he may, after consultation with the Sabha, by Order published in the Gazette terminate the operation of such enterprise and direct the Sabha to take charge of all books, records and assets of the enterprise and to take such measures that may be necessary to give effect to such Order.
(3) The Minister or the Commissioner may, from time to time, give any Pradeshiya Sabha engaged in any commercial or industrial enterprise general or special directions as to the carrying on or transaction of its business and such directions shall be carried out by the Sabha.
(4) The Minister or the Commissioner may, from time to time, direct the Sabha in writing to furnish him in such form as he may require, returns, accounts and other information with respect to the business of such enterprise, and the Sabha shall carry out recovery such direction.


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