Industrial Promotion

(1) Every person carrying on an industrial under taking commenced on or before the appointed date shall register the site or location at which such industrial under taking is carried on, with the Registrar, within six months of the appointed date.

(2) Every person carrying on an industrial undertaking commenced after the appointed date shall register the site or location at which such industrial undertaking is carried on, with the Registrar, within three months of the commencement of such industrial undertaking,

(3) Nothing in this section shall apply to an area enterprise or a licensed enterprise within the meaning of the Greater Colombo Economic Commission Law, No. 4 of 1978.

(1) Every application for registration under section 2 shall be made to the Registrar in the prescribed form and shall contain the prescribed particulars, including

(2) In the case of an industry specified in the Second Schedule to this Act an application for the registration of the site or location at which such industrial, undertaking is carried on, shall be accompanied by the licence issued in respect of that industrial undertaking under section 26.

(1) The Registrar shall on receipt of an application made under section 3 and on betas’ satisfied that an industrial undertaking is being carried on at the site or location referred to in such application, issue a certificate of registration to the applicant in the prescribed form.

(2) Where a certificate is issued under subsection (1) in respect of an industrial undertaking the owner of such industrial undertaking shall furnish to the Registrar an annual return containing the particulars specified in paragraphs (a) to (e) of subsection (1) of section 3 as well as the turnover and the total production of that industrial undertaking for that year, before March thirty- first of the succeeding year.

(1) Where a person carries on an industrial under taking in contravention of the provisions of section 2. the Registrar may make an application to the High Court established under Article 154p of the Constitution for the province within which such industrial undertaking is carried on for an order requiring the person carrying on such industrial undertaking to register the site or location at which such industrial undertaking is carried on in compliance with section 2.

(2) Every such application shall be made by petition in writing addressed to such High Court and shall be heard and determined in accordance with the procedure laid down in Chapter XXIV of the Civil Procedure Code.

(1) The Commission shall consist of

(2) A person shall be disqualified from being appointed or continuing as a member of the Commission if he is a Member of Parliament or member of a Provincial Council or a member of any local authority.

(3) A member of the Commission appointed under paragraph (k) of subsection (1) may resign from the Commission by letter addressed to the President.

(4) The President may without assigning a reason remove any member of the Commission appointed under paragraph (k) of subsection (1).

(5) Subject to the provisions of subsections (3) and (4), the term of office of a member of the Commission appointed under paragraph (k) of subsection (1) shall be three years.

(6) Where any vacancy arises in the Commission, by reason of death, resignation or removal of any member of the Commission appointed under paragraph (k) of sub section (1) the President shall fill such vacancy, having regard to the provisions of that paragraph.

(7) Any person appointed to fill a vacancy arising from the death, resignation or removal of any such member shall hold office for the unexpired period of the term of office of his predecessor.

(8) The Secretary to the Ministry of the Minister in charge of the subject of Finance shall be the Chairman of the Commission and shall preside at all meetings of the Commission. In the absence of the Chairman from any meeting of the Commission, the Secretary to the Ministry of the Minister shall preside at such meeting. In the absence of both the Chairman and such Secretary from any meeting of the Commission, the Members of the Commission present at such meeting shall, subject to subsection (15), elect from among themselves a member to preside at such meeting.

(9) The quorum for any meeting of the Commission shall be six.

(10) The Chairman or the person presiding at any meeting of the Commission shall in addition to his own vote have a casting vote.

(11) The Commission shall meet at least once every month and it may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

(12) The Commission may act notwithstanding any vacancy among its members and no act or proceeding of the . Commission shall be invalid by reason only of the existence of any vacancy in the Commission or any defect in the appointment of a member of the Commission.

(13) The members of the Commission may be paid such remuneration as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

(14) A member referred to in subsection (1) (b) or subsection (1) (c) or subsection (1) (9) or subsection (1) (h) may designate a senior official of his Ministry to attend meetings of the Commission in his place and as his alternate, and shall inform the Chairman of the Commission in writing of such designation.

(15) An alternate member designated under subsection (14) shall have the right to attend meetings of the Com mission and vote thereat but shall not be eligible to be elected under subsection (8) to preside at meetings of the commission.

(16) Where a member of the Commission holds more than one office by virtue of which he is entitled to be represented on the Commission, such member may in writing addressed to the Chairman of the Commission indicate the office which he will represent on the Commission and shall nominate another officer to represent the other office which he holds.

(17) The Secretary to the Ministry of the Minister shall be responsible for implementing the decisions of the Commission. The commission may delegate to such Secretary any Power or function conferred on or assigned to it by this Act.

(1) The functions of the Commission shall be

(2) The Commission shall have the power to do all such acts as may be necessary for the proper discharge of its functions.

(3) In the discharge of the functions assigned to it by this Act, the Commission shall have regard, to the need

(4) In referring any matter for inquiry to the Commission under section 10 (1) (f) the Minister may specify the respective periods within which, the Commission shall , submit its interim and final reports to the Minister.

(5) The Minister may require the Commission, under paragraph (f) of subsection (1), to inquire and report on

(1) There shall be a Council to be called “The Advisory Council for Industry” (hereinafter referred to as the ” Council “).

(2) The Council shall consist of

(a) to provide a forum for the representatives of industry in Sri Lanka to discuss, issues relating to industry and joint industry programmes with the Government for the development of industry ; and

(b) to advise the Minister on the effectiveness of measures taken for the promotion of industry.

(1) The Council shall have such powers as are necessary or incidental to the proper discharge of its functions.

(2) The quorum for the meetings of the Council, the procedure for the transaction of business at such meetings, the term, of office of the members referred to in paragraphs (b), (c) and (d) of section 13(2). the election of the Chairman of the Council, the guidelines for the recognition of the Chambers, Federations and Associations referred to in section 13 (2) (b), and the manner of selecting persons to represent industry, shall be as prescribed.

(3) The Council shall cause a report to be prepared, at the end of each year, of its activities during that year and shall submit a copy of such report to the Minister,

(1) The Minister shall in consultation with the Chief Minister of each Province determine regions within such province for the purpose of facilitating industrial development in that Province.

(2) There shall be appointed for each region determined under subsection (1) a Committee which shall fee called the; Regional Industry Service Committee. Such Committee shall be appointed by the Minister in consultation with the Chief Minister of the Province in which such region is situated.

(a) to advise the Minister, the Chief Minister of the Province within which the region for which such Committee is appointed falls and the Commission, on the development of industry in such region ;

(b) to prepare plans end programmes for the development of industry in such region ;

(c) to promote and facilitate industrial development in such region in accordance with national policy;

(d) to co-ordinate the provision of services and facilities necessary for the development of industries in the region, in accordance with plans approved by the Commission;

(e) to assist any investor to implement any investment decision in regard to any industry in that region; and

(f) to establish a Regional Industrial Service Centre for that region.

(a) the manner in which applications for the establishment of industrial estates, industrial parks, science parks and specified industrial infrastructure shall be made to the Regional Industrial Committee appointed for the region within which such estate, park or infrastructure is established, or proposed to be established or where there is no such Committee, to the Registrar;

(b) the manner in which applications for registration of existing industrial estates, industrial parks, science’ parks and specified industrial infrastructure shall be made to the Regional Industrial Committee appointed for the region within which such estate, park or infrastructure is established, or where there is no such Committee, to the Registrar ;

(c) the manner in which applications for the grant of approval for the erection, alteration, and demolition of buildings and other structures within such estates or parks shall be made to the Regional Industrial Committee appointed for the region within which, such estate or park is established, or where there is no such Committee, to the Registrar; and

(d) the management of such estates, parks or specified industrial infrastructure, shall be as prescribed.

(1) Where any industrial estate, industrial park, science park or specified industrial infrastructure is demolition. established without the approval, or is managed contrary to the manner, required by regulations made under section 19, or any building is erected in any such estate, or park without the approval required under section 19, the Registrar may apply to the Court of Appeal for an Order directing the demolition of such estate or park or prescribed industrial infrastructure or building or for an Order requiring the management of such estate or park or prescribed industrial infrastructure in compliance with such regulations.

(2) A certificate issued under the hand of the Registrar to the effect that a structure specified in such certificate is an industrial estate, industrial park, science park or a specified industrial infrastructure, as the case may be, and has been established without the approval required by regulations made under section 19, or that such estate or park is being managed contrary to such regulations, or that a building specified in such certificate has been erected in an industrial estate, industrial park or science park and that such erection has been without the approval required under section 19, shall be admissible in evidence in any proceedings instituted under this section and shall be prima facie evidence of the facts stated therein.

(3) The provisions of this section shall not apply to and in relation to an area enterprise or a licensed enterprise within the meaning of the Greater Colombo Economic Commission Law, No. 4 of 1978.

(1) The Minister may, in consultation with the Chief Minister of a Province declare, by Order published in the Gazette, any area within the province as an ” Industrial Area ” :

Provided however that where such area falls within an Urban Development Area declared under the Urban Development Authority Law, No. 41 of 1978, no declaration shall he made under this subsection by the Minister except with the concurrence of the Minister to whom the subject of Urban Development is assigned.

(2) The Regional Industry Service Committee appointed under section 18 for the region within which such Industrial Area falls, shall submit to the Commission plans and schemes for the provision of infrastructure for industries within such Industrial Area and the co-ordination of services and facilities within such industrial area.

(3) The Minister may on the advice of the Commission, by Order published in the Gazette, approve any such plans and schemes as are submitted to the Commission under subsection (2).

(4) Where a plan or scheme is approved under subsection (3) in respect of an Industrial Area, the Regional Industry Service Committee appointed for the region within which such Industrial Area falls shall be responsible for the implementation of such scheme or plan.

(5) The Commission shall in consultation with the Urban Development Authority established under the Urban Development Authority Law, No. 41 of 1978, specify the standards in accordance with which any buildings or structures necessary for any such plan or scheme shall be erected or altered.

(6) The authority empowered by any written law to grant approval for the erection or alteration of buildings in the area within which such plan or scheme is to be implemented shall grant approval for such erection or alteration if it is in accordance with the standards prescribed under subsection (5), notwithstanding anything to the contrary in any written law, and such approval shall be granted within eight weeks from the date on which the application for approval is made.

(7) Where an application is made for the erection or alteration of any building for the purposes of any such plan or scheme, in an Industrial Area to the authority empowered by written law to grant such approval and such authority fails to grant such approval within eight weeks of such application, it shall be lawful for the Regional Industry Service Committee appointed for the region within which such Industrial Area fails to grant such approval in like manner as though references in such written law to the authority, officer or person empowered to grant such approval, were a reference to such committee.

(1) During the period commencing on the appointed date and ending on the 31st of December, 1994 no building shall be erected or used for the purposes of an industrial undertaking unless it conforms to the standards prescribed in consultation with the Urban Development Authority.

(2) The authority empowered by written law to approve such erection or use shall notwithstanding anything in any other law approve such erection or use if it conforms to the prescribed standards.

(3) Nothing in this section shall apply to buildings erected or used

(1) The control of the industries specified in the First Schedule to this Act by the Government of Sri Lanka is hereby declared to be expedient in the public interest.

(2) Parliament may by resolution amend the First Schedule to this Act-

(1) No person shall carry on an industry specified in the Second Schedule being an industry specified in the First Schedule except under the authority of and otherwise than in accordance with the conditions of a licence issued in that behalf by the Secretary to the Ministry of the Minister.

(2) The manner of application for a licence under sub section (1), and appeals against refusal to issue such licence, shall be as prescribed.

(3) Every licence issued under this section shall be subject to the terms and conditions set out in the Third Schedule to this Act.

(4) Where a person carries on an industry referred to in subsection (1) without a licence issued in that behalf under that subsection, the Registrar shall make an application to the Court of Appeal for an Order prohibiting such person from carrying on such industry.

(5) A certificate under the hand of the Registrar to the effect that the industry specified in such certificate as an industry for the carrying on for which a licence is required under subsection (1) and that no licence has been issued in respect thereof under that subsection, shall be admissible in evidence in any proceedings instituted under subsection (4) and shall be prima facie evidence of the facts stated therein.

(1) There may be appointed by name or by office for the purpose of this Act a Registrar of Industries and such number of Deputy Registrars of Industries and Assistant Registrars of Industries as may be necessary for the implementation of the provisions of this Act. ;

(2) The act of appointment of every Deputy Registrar of Industries and Assistant Registrar of Industries shall specify the area for which he is appointed. The area so specified shall hereinafter be referred as the “area of his appointment”.

(3) Every Deputy Registrar of Industries and every Assistant Registrar of Industries may, subject to the general direction and control of the Registrar, exercise, perform or discharge within the area of his appointment all or any of the powers, duties or functions conferred or assigned to the registrar by or under this act.

(a) fails to (furnish the annual return which he is required to furnish under section 4 ;

(b) knowingly makes any false or incorrect statement in any annual return furnished by him under section 4; or

(c) contravenes the provisions of section 28, shall be guilty of an offence under this Act and on conviction after trial before a Magistrate be liable to a fine not exceeding ten thousand rupees or to imprisonment of either description for a period not exceeding one year or to both such line and imprisonment.

(1) The President may in consultation with the Minister and any relevant Minister issue directions to the Commission for the purpose of; eliminating administrative and other barriers which impede the execution of industrial policy, or for ensuring the effective implementation of schemes and programmes approved by the Commission for the promotion of a competitive industrial environment and generally, for the improvement of institutional and other capabilities for the promotion of industry.

(2) Where the Commission issues any directives to any Government institution in order to implement any direction issued to it under subsection (1) it shall be the duty of the person in charge of that Institution to comply with such directives.

(3) The Commission shall report to the President on the measures taken by the Commission to implement any direction issued to it by the President under subsection (1) and shall transmit a copy of such report to the Minister.

8.

(1) No suit or prosecution shall He against any member of the Commission, or a member of the Council, or a member of Regional Industry Service Committee or the Registrar, Deputy Registrar or Assistant Registrar or any other officer discharging any function under this Act, which in good faith is done or purported to be done by such member, Registrar, Deputy Registrar, Assistant Registrar or other officer under this Act.

(2) No suit or prosecution or other proceeding, civil or criminal, shall be instituted in any court or tribunal against any person referred to in subsection (i) in respect of any report made by him under this Act.

(1) The Minister may make regulations in respect of all matters required by this Act to be prescribed or in. respect of which regulations are required or authorized to be made under this Act-

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of publication or on such later date as may be specified therein.

(3) Every regulation made by the Minister, shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Every regulation which is not so approved shall be deemed to be rescinded as from me date of disapproval but without prejudice to anything previously done thereunder.

(4) The notification of the date on which any regulation is deemed to be so rescinded shall be published in the Gazette.