Ceylon Railway Daily-paid Workers’ Benevolent Association (Incorporation) (Amendment) Law

Ceylon Railway Daily-paid Workers’ Benevolent Association (Incorporation) (Amendment) Law A LAW TO AMEND THE CEYLON RAILWAY DAILY-PAID WORKERS’ BENEVOLENT ASSOCIATION (INCORPORATION) ACT, NO. 3 OF 1965. BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows: – Short title. 1. This Law may be cited as the Ceylon Railway Daily-paid Workers’ Benevolent Association (Incorporation) (Amendment) Law, No. 10 of 1975. Amendment of section 9 of Act . No. 3 of 1965. 2. Section 9 of the Ceylon Railway Daily-paid Workers’ Benevolent Association (Incorporation) Act, No. 3 of 1965, hereinafter referred to as the ” principal enactment “, is hereby amended by the repeal of subsection (2) thereof, and the substitution therefor, of the following new subsection: ” (2) It shall be lawful for the President or the General Manager of Railways to convene a special meeting of the Committee whenever the President or the General Manager, as the case may be, shall consider it desirable. Where the General Manager convenes a meeting, he or his representative shall have the right to be present at such meeting and address the members present thereat, but shall not have the right to vote.”. Replacement of section 16 of the principal enactment. 3. Section 16 of the principal enactment is hereby repealed and the following new section substituted therefor: “Books of account. 16. The Committee shall cause appropriate books of account to he kept which shall be open at all reasonable times for inspection by members of the Corporation and by any person or persons whom the Secretary to the Ministry in charge of the subject of Government Railways (hereinafter referred to as the ” Secretary to the Ministry “) or the General Manager of Railways may at any time appoint to examine the same’. Amendment of section 18 of the principal enactment. 4. Section 18 of the principal enactment is hereby amended by the repeal of subsection (5) thereof, and the substitution therefor, of the following new sub section: “(5) No rule or amendment or recission of any rule shall have effect unless the same is confirmed by the Secretary to the Ministry. Notice of such confirmation shall be published in the Gazette and thereupon the same shall be as valid and effectual as if it had been herein enacted.”. Insertion of new section 18A in the principal enactment. 5. The following new section is hereby inserted, immediately after section 18, and shall have effect as section 18A, of the principal enactment: ” Power of General Manager of Railways to make, amend or rescind rules of the Corporation. 18A. (1) Notwithstanding the provisions of section 18, it shall be lawful for the General Manager of Railways to make, amend or rescind any rule of the Corporation. (2) No such rule, amendment or rescission shall have effect unless it is published in the Gazette. (3) Where there is any conflict or inconsistency between any rule made by the General Manager and any rule made by the Corporation, the provisions of the rule made by the General Manager shall prevail”. Insertion of new section 19A in the principal enactment. 6. The following new section is hereby inserted, immediately after section 19, and shall have effect as section 19A, of the principal enactment: ” Power of General Manager of Railways to summon general meetings of the Corporation. 19A. (1) Notwithstanding the provisions of section 19, it shall be lawful for the General Manager of Railways to convene by giving at least seven days’ notice, a general meeting of the members of the Corporation whenever he shall consider it desirable. (2) The General Manager or his representative shall have the right to be present at such meeting and address the members present thereat but shall not have the right to vote.”. Amendment to section 20 of the principal enactment. 7. Section 20 of the principal enactment is hereby amended by the repeal of subsection (8) thereof, and by the substitution therefor, of the following new sub-section : ” (8) If no election of an auditor is made as aforesaid, the Secretary to the Ministry may, whether on the application of a member of the Corporation or not, appoint an auditor or auditors for the purpose of examining and auditing any such balance sheet and statement of accounts and may fix the remuneration to be paid to him or them by the Corporation and such remuneration shall be paid accordingly. Any auditor or auditors so appointed shall be deemed to have been duly elected under subsection (3).”. Amendment of section 30 of the principal enactment. 8. Section 30 of the principal enactment is hereby amended as follows: – (1) by the repeal of subsection (1) thereof, and the substitution therefor, of the following new subsection: “(1) The Secretary to the Ministry may at any time, either on his own motion or on representations made to him, appoint one or more persons to constitute a board of inquiry to investigate and report upon the administration of the affairs of the Corporation and the finances of the Corporation and to make recommendations for improvements in the administration of the affairs of the Corporation.”; (2) by the repeal of subsection (3) thereof, and the substitution therefor, of the following new subsection: – ” (3) Every such board shall, as soon as may be possible after the investigation, submit a report to the Secretary to the Ministry who shall cause copies of such report to be sent to every office-bearer and every member of the Corporation.”; (3) by the repeal of subsection (4) thereof, and the substitution therefor, of the following new subsection: – “(4) All expenses incurred by the Secretary to the Ministry and the board in connection with any inquiry under this section shall be a charge on the funds of the Corporation” and (4) in the marginal note to that section by the substitution, for the expression ” Permanent Secretary “, of the expression ” Secretary to the Ministry “. Insertion of new section 30a in the principal enactment. 9. The following section is hereby inserted immediately after section 30, and shall have effect as section 30A, of the principal enactment:- ” Secretary to the Ministry to direct appointment of Special Committee of Administrators in the event of mismanagement by the Committee. 30A. (1) Where a report of the board of inquiry appointed under section 30 discloses- (a) grave irregularities in the administration of the affairs of the Corporation; or (b) gross mismanagement of the funds of the Corporation, the Secretary to the Ministry shall direct the General Manager of Railways to dissolve the Committee elected under section 6, and to appoint a Special Committee of Administrators consisting of three persons, to administer the affairs of the Corporation until new office-bearers and a new Committee are elected in accordance with the provisions of subsection (5). (2) Where a direction is given under subsection (1) the General Manager shall- (a) by Order published in the Gazette, dissolve the Committee; and (b) appoint a Special Committee of Administrators. (3) Where a Committee is dissolved by the General Manager by Order published in the Gazette, such Committee shall for all purposes be deemed to hare been dissolved with effect from the date of publication of such Order in the Gazette. (4) A Special Committee of Administrators appointed by the General Manager under subsection (2) shall have full power and authority, until new office-bearers and a new Committee are elected, to carry out the functions and exercise the powers ordinarily carried out and exercised by an elected Committee. (5) The General Manager shall, not later than six months from the date of dissolution of the elected Committee, convene a special general meeting of the members of the Corporation for the purpose of electing new office-bearers and a new Committee.”. Amendment of section 81 of the principal enactment. 10. Section 31 of the principal enactment is hereby amended by the repeal of subsection (2) thereof, and the substitution therefor, of the following new subsection : – “(2) Where the resolution to wind up the Corporation is passed with the requisite majority, the granting of loans shall be stopped forthwith, and a liquidator shall be appointed by the Secretary to the Ministry for the purpose of winding up the affairs and distributing the assets of the Corporation. After meeting the liabilities of the Corporation, the assets, if any, shall be distributed among the members of the Corporation proportionately according to the contributions and donations lying to the credit of each member of the Corporation.”,