Ceylon Cold Stores (Possession and Control)



Ceylon Cold Stores (Possession and Control)
AN ACT TO PROVIDE FOR THE CONTINUATION Of THE POSSESSION AND CONTROL BY THE GOVERNMENT; OF THE UNDERTAKING CARRIED ON BY CEYLON COLD STORES FOR A FURTHER PERIOD OF ONE YEAR.

WHEREAS the possession and control of the business undertaking carried on by the company known as the Ceylon Cold Stores Limited, was taken over by the Government for a period of three months, by regulation made under section 5 of the Public Security Ordinance, duo to the disruption of the services provided by that undertaking and industrial unrest.

WHEREAS for the purpose of ensuring the maintenance of the services provided by such undertaking, which are integral to the national economy and essential to the life of the community, and for the purposes of securing the due recognition of, and respect for, the rights of the employees of such undertaking it has become necessary for the Government to continue to administer and control such business undertaking for a further period of one year:

Now therefore be it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:”
[10th April
, 1989 ]
Short title.

1. This Act may be cited as the Ceylon Cold Stores Possession and Control) Act, No. 1 of 1989.

Government to continue to hold and possess business undertaking for a period of one year.

2. From and after the date of commencement of this Act, the Government shall continue to hold and possess, for a period of one year calculated from the date of commencement of this Act (hereinafter referred to as the “specified period”), the business undertaking specified in the First Schedule to this Act, the possession and control of which was taken over by the Government by regulation made under the Public Security Ordinance.

Competent Authority,

3.

(1) There shall be appointed a Competent Authority for the purposes of this Act,

(2) The Competent Authority shall, during the specified period manage and administer the affairs of the business undertaking specified in the First Schedule to this Act, on behalf of the company owning that undertaking and may give such directions as may be necessary for that purpose.

(3) The Competent Authority in the discharge of his functions and the exercise of his powers under this Act. shall be subject to such general and special directions as the Minister may from time to time issue, having regard to the need to maintain the services provided by that under taking and the need to safeguard the rights of the employees of that undertaking.

Competent Authority, to take possession and control of property in the Second Schedule.

4.

(1)The Competent Authority shall during the specified period take possession and control of all property specified in the Second Schedule to this Act, used for the purposes for the business undertaking specified in the First Schedule to this Act.

(2) Any person who fails or refuses to deliver possession to the Competent Authority of any property specified in the Second Schedule to the Act, or prevents or obstructs or causes any person to prevent or obstruct the Competent Authority in taking possession of the property referred to in subsection (1) or resists or obstructs the Competent Authority in the discharge of his functions under this Act. shall be guilty of an offence under this Act, and ;shall on conviction after summary trial before a Magistrate be liable to imprisonment for a term not exceeding ten years or to a fine not exceeding ton thousand rupees, or to both such imprisonment and line.

Competent Authority to use or deal with property of business undertaking.

5. The Competent Authority may during the specified period, use or deal with or authorize the use of, or dealing with any property specified in the Second Schedule to this Act and used for the Purpose of the business undertaking specified in the First Schedule to this Ac:, for such purposes and in such manner as he thinks expedient for the maintenance of the services provided by such business undertaking, and for the purposes of securing the due recognition and respect of the rights of the employees of such undertaking.