A STATUTE TO PROVINCE FOR THE REGISTRATION OF FIRMS AND PERSONS CARRYING OF BUSINESS UNDER BUSINESS NAMES WITHIN THE SOUTHERN PROVENCE AND FOR THE CHARGING OF FEES FOR SUCH REGISTRATION AND FOR MATTERS CONNECTED THEREWITH. THIS STATUTE IS INCONSISTENT WITH THE BUSINESS NAMES ORDINANCE (CHAPTER 149) ENACTED BY THE PARLIAMENT OF SRI LANKA,

BE it enacted by the Southern Province Provincial Council as follows.

Short title and date of operation.

1. This statute may be cited as the Southern Province Business Names Statute, No. 01 of 1991 and shall come into operation on 01.07.1991.

Administration of the statute.

2.

(l)There shall be appointed for the purposes of this statute a Provincial Registrar of Companies (hereinafter referred to as the "Provincial Registrar of Companies"). The Provincial Registrar of Companies shall be responsible for the General Administration of this statute. There shall be appointed such number of Provincial Assistant Registrars of Companies and such other officers and servants as may be necessary for the implementation or enforcement of provisions of this statute.

(2) The powers, duties or functions of the Provincial Registrar of Companies under this statute may be exercised performed or carried out by any Provincial Assistant Registrar of Companies or by any other officer empowered in writing under the hand of the Provincial Registrar of Companies.

Registration of Business Names.

3.

(1) Subject to Sub-section 2 hereof, no business shall be carried on within the Southern Province on or after the date of this statute under any business name except under the Authority of a certificate issued under this statute.

(2) A certificate already issued in respect of a business carried on within the Southern Province, under the Business Names Ordinance (Chapter 149) shall be deemed to be a certificate issued under this statute, and such certificate shall be valid only for a period of six months from the date of this statute.

(3) The relevant certificate of Registration mentioned in Sub-section( 1) shall, after the date of this statute of this statute, be issued to firms and persons upon the registration of such firms and persons, and upon payment of the prescribed fee, in terms of the provisions of this statute.

(4) Any firm or persons having a place of business in the Southern Province and carrying on business under a business name without a valid certificate issued under this statute shall be subject to the penalties as provided in the business Names Ordinance (Chapter 149), incorporated by Section 4 of this statute.

Incorporation Clause.

4.

(1)The provision of Secticns2to 16 (both inclusive) and Sections 18 to 20 (both inclusive) of the Business Names Ordinance (Chapter 149) enacted by the Parliament of Sri Lanka shall be deemed to be incorporated into this statute, subject to the substitution of the word "statute" for the work "ordinance", wherever it occurs in the aforesaid sections and subject to the substitution of the work "a fine not exceeding two thousand five Hundred rupees" for the works "a fine not exceeding one hundred rupees" in the Section 8 of the said Business Names Ordinance and subject to the substitution of the words "a fine not exceeding two thousand five hundred rupees" for the words "a fine not exceeding three hundred rupees" in the Section 10 of the said Business Names ordinance and such provisions shall be construed as forming part of this statute. The said Sections shall, mutatis mutandis apply to the registration of firms and persons carrying on business under business names, within She Southern' Province.

(2) Any reference in the provisions of Sub-section (1) to any officer, place, establishment or any other thing stated in column I herein, shall be deemed to be a reference to the officer, place, establishment or other thing appearing in the corresponding entry in column 2.

Business Names Ordinance (Chapter 149) not to apply within the Southern Province.

5. The provisions of the Business Names Ordinance (Chapter 149) shall cease to be in operation in relation to the registration of firms and persons carrying on business under Business names and for purposes connected therewith within the Southern Province, except in so far as they are deemed to be applicable by the provisions of Section 4 of this statute.

6.

(1) The Provincial Minister in charge of the subject of Trade in the Provincial Councilor Southern Province may make rules or regulations concerning any of the following matters: -

(a) The appointment of a Provincial Registrar of Companies and Provincial Assistant Registrars of Companies, and the establishment of register officers for the purposes of this statute;

(b)Thefees to be paid to the Provincial registrar of companies or Provincial Assistant Registrars of Companies under this statute, so that they do not exceed the sum of five hundred rupees for the registration of any one statement;

(c) The forms to be used under this Statute;

(d) The duties to be performed by the Provincial Registrars of Companies and the Provincial Assistant Registrar of Companies,under this Statute;

(e) The performance by Provincial Assistant Registrars of Companies and other officers, of acts by the statute required to be done by the Provincial Registrar of Companies;

(f)The periodical publication in the Gazette of otherwise of the registers or returns of particulars therein contained;

(g) Generally, die conduct and regulation of registration under this Statute, and any matters incidental thereto.

(2) All fees payable in pursuance of any such rules or orders shall, be applied as the Provincial Minister in . charge of the subject of Trade in the Southern Province may direct.