11. The following new sections are hereby inserted immediately after section 28', and shall have effect as sections 28A, 28B, 28c, 28D, 28E, 28F, 28G and 28H, of the principal enactment:
| 28A.
| | (1) The charge to be levied by a local authority on a private omnibus for the use of a bus stand provided for the exclusive use of private omnibuses shall be determined by such local authority with the concurrence of the Director. | | |
| | (2) No person or organisation other than a District Association or a local authority referred to in subsection (1) shall recover any charge from, or make any levy on, a private omnibus operator as stand fees, loading fees or any other fee or levy of a similar character. | | |
| | (3) No local authority shall recover any payment direct from a private omnibus operator for any services provided by such local authority to such operator. Every payment due to such local authority from such operator shall be paid by the District Association of which he is a member, and the District Association shall enter into any agreement relating to such payment be with such local authority. | | |
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| 28B.
| | (1) No person shall use the funds, the office premises, staff and equipment of a District Association or the Federation, as the case may be, for the purposes of an election to the Committee of Management of such Association or the Executive Committee of such Federation, as the case may be. | | |
| | (2) Any person who is convicted of an offence under this Act by reason of a contravention of subsection (1), shall be disqualified from being elected to, or, from holding, any office in a District Association or the Federation, as the case may be, for a period of five years. | | |
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| 28C.
| | (1) All funds and income of a District Association, or the payment made to the Federation under section 22 (4) shall be credited to a bank account in a bank to be approved by the Director. | | |
| | (2) Payments into, and out of, each such account shall be in the manner provided for by regulation made under this Act. | | |
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| 28D.
| | (1) The Director shall, by a general or special order made in writing in that behalf, cause the accounts of every District Association and the Federation to be audited by some person authorized by him at least once in every calendar year. | | |
| | (2) The audit under subsection (1) shall include an examination of over due debts, if any, and a valuation and verification of the assets and liabilities of every District Association and the Federation. | | |
| | (3) For the purposes of an audit under subsection (1), the person authorized by the Director to audit the accounts of a District Association or the Federation, as the case may be, shall have the power
| | | (a) to summon any past or present office bearer, employee or member of the District Association or the Federation, as the case may be, or any other person who, in the opinion of the person authorized by the Director to audit such accounts, is able to furnish material information about any transaction of the District Association or the .Federation, as the case may be, or the management of its affairs; |
| (b) to require any past or present office bearer, employee or member of the District Association or the Federation, as the case may be, to produce any book or document In his custody or possession, relating to the affairs of such District Association or the Federation, as the case may be, or any cash, security or other property in his custody or possession, belonging to such District Association or the Federation, as the case may be ; |
| (c) to take into his custody books of accounts or the documents of such District Association or the Federation, as the case may be, where he discovers a fraud in the course of such audit. |
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| | (4) Any person authorized by the Director to audit the accounts of a District Association or of the Federation, as the case may be, shall at all times have access to all the books, accounts, papers and securities of such District Association or the Federation, as the case may be, and shall be entitled to inspect the cash in hand, and every officer or member of such District Association or the Federation as the case may be, shall furnish such information as the person making the audit may require, in regard to all the transactions of such District Association or the Federation, as the case may be. | | |
| | (5) Every person authorized by the Director to audit the accounts of a District Association or of the Federation, as the case may be, shall be deemed to be a public servant within the meaning of the Penal Code. | | |
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| 28E.
| | (1) If any discrepancies are discovered in the course of an audit, of a District Association or the Federation, as the case may be, the person conducting the audit shall inform the Director who shall bring it to the notice of such District Association or the Federation, as the case may be. | | |
| | (2) The Director shall make an order directing such District Association or . its members or the Federation or its members to take such action as may be specified in the order within the time mentioned therein to remedy any discrepancies discovered in the course of the audit of such District Association or the Federation, as the case may be. It shall be the duty of District Association, the Federation or a member to whom such order is given to Comply therewith. | | |
| | (3) Where a District Association or the Federation, as the case may be, fails to comply with an order under subsection (2) every member of the Committee of Management of such District Association and every member of the Executive Committee of such Federation, as the case may be, shall, unless he proves to the satisfaction of the court that
| | | (a) there is no discrepancy in the accounts of the District Association or the Federation, as the case may be, as is specified in the order; or |
| (b) he has taken all steps within his power to comply with the order of the Director under subsection (2) , |
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| 28F.
| | (1) The Director may on his own motion and shall, on the application of a majority of the members of the Committee of Management of a District Association or the Executive Committee of the Federation, as the case may be, or of not less than one third of the members of such District Association or of such Federation, hold an inquiry, or direct any person, authorized by him by order in writing in that behalf, to hold an inquiry, into the activities, functions and financial condition of such District Association or the Federation, as the case may be. | | |
| | (2) For the purposes of an inquiry under subsection (1), the Director or any person authorized by him to hold an inquiry into the affairs of a District Association or the Federation, as,,-the case may be, shall have the power
| | | (a) to summon any past or present office bearer, employee or member of such District Association or the Federation, as the case may be, or any other person who, in the opinion of the Director or the person authorized by him to hold such inquiry, is able to furnish material information about any transactions of such District Association or the Federation, as the case may be, or the management of its affairs; |
| (b) to require any past or present office bearer, employee or member of the District Association or the Federation, as the case may be, to produce any book or document in his custody, or possession, relating to the affairs of such District Association or the Federation, as the case may be, or any cash,. security or other property in his custody or possession, belonging to such District Association or the Federation, as the case maybe; |
| (c) to summon a general meeting of the members of such District Association or the Federation, as the case may be, at such time and place as may be specified by him to ascertain any matters for the purposes of such inquiry; and |
| (d) to take into custody books of accounts or the documents of such District Association or the Federation, as the case may be, where he discovers a fraud in the course of such inquiry. |
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| | (3) Where an inquiry is held under this section into the affairs of a District Association or the Federation, as the case may be, the Director shall communicate the result of title inquiry to such District Association or the Federation, as the case may be. | | |
| | (4) The Director and every person authorized by him to hold an inquiry under this section, shall be deemed to be public servants within the meaning of the Penal Code. | | |
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| 28G.
| | (1) Every District Association shall in the discharge of its functions, maintain the following books and documents:
| | | (a) a register of members; |
| (b) a record book of meetings of the District Association; |
| (c) a record book of the meetings of the Committee of Management; |
| (d) cash book and relevant documents; |
| (f) staff particulars, letters of appointment and salary particulars; and |
| (g) other documents necessary for the efficient functioning of a District Association. |
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| | (2) The Federation shall in the discharge of its functions, maintain the following books and documents:-
| | | (a) a register of membership Federation; |
| (b) a record book of the meetings of the Federation; of the |
| (c) a record book of the meetings of the Executive Committee; |
| (d) cash book and relevant documents; |
| (f) staff particulars, letters of appointment and salary particulars; and |
| (g) other documents for the efficient functioning of the Federation. |
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| 28H.
| | (1) If the Director is of the opinion after an inquiry under section 28F that the Committee of Management of any District Association or the Executive Committee of the Federation, as the case may be, is not discharging its functions properly, he may with the concurrence of the Minister after giving an opportunity to state their objections, if any, to its dissolution, and after considering such objections, at a general meeting of a District Association or the Federation, as the case may be, summoned by him by order in writing
| | | (a) dissolve the Committee of Management of such District Association or the Executive Committee of the Federation, as the case may be ; |
| (b) direct that the affairs of such District Association Or the Federation, as the case may be, shall be managed and administered by a suitable person or persons appointed as hereinafter provided for until such time as new committees are elected. Such period shall not exceed six months. |
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| | (2) Where an order is made under subsection (1), the Director shall by the same or subsequent order, appoint a fit and proper person to manage and administer the affairs of a District Association or the Federation, as the case may be, and may from time to time, remove or replace any person or persons so appointed or appoint additional persons. | | |
| | (3) Subject to the general direction and control of the Director, any person or persons appointed under this section to manage the affairs of a District Association or the Federation, as the case may be-
| | | (a) shall have the power to recover the assets and discharge the liabilities of such District Association or the Federation, as the case may be, and take such other steps as may be necessary in the interests; and |
| (b) may exercise all the powers, rights and privileges of the duly constituted Committee of Management of such District Association or the Executive Committee of the Federation, as the case may be. |
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| | (4) The Director may fix the remuneration payable to any person or persons appointed by him under this section to manage the affairs of a District Association or the Federation, as the case may be. The amount of such remuneration and other expenses, if any, incurred in the management of a District Association or the Federation, as the case may be, shall be payable from its funds. | | |
| | (5) It shall be the duty of the person or persons appointed under this section to manage the affairs of a District Association or the Federation, as the case may be and holding office immediately prior to the date on which the direction under paragraph (b) of subsection (1), ceases to have effect, to arrange, prior to the date aforesaid, for the appointment of a new committee in accordance with the by-laws of a District Association or the Federation, as the case may be. | | |
| | (6)
| | | (a) Where a Committee of Management of a District Association or the Executive Committee of the Federation, as the case may be, has been dissolved under subsections (1), such Committee of Management or a member of such Committee or the Executive Committee or a member of such committee may prefer an appeal against such order, to the Minister within two months from the date of the order. |
| (b) Where no appeal is preferred within two months from the date of making of an order canceling the registration of a District Association or the Federation, as the case may be, the order shall take effect on the expiry of that period. Where an appeal has been preferred within two months, the order shall not take effect until it is confirmed on appeal". |
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Sri Lanka Consolidated Acts