Sri Lanka Chamber Of Small Industry(Incorporation)



Sri Lanka Chamber Of Small Industry(Incorporation)
AN ACT TO INCORPORATE THE SRI LANKA CHAMBER OF SMALL INDUSTRY(Incorporation)
Preamble.

WHEREAS an association called and known as “The Sri Lanka Chamber of Small Industry”, has heretofore been established in Sri Lanka for the purpose of effectually carrying out and transacting all objects and matters connected with the said association according to the rules agreed to by its members:

AND whereas the said association has heretofore successfully carried out and transacted the several objects and matters for which it was established, and has applied to be incorporated, and it will be for the public advantage to grant the application:

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[2nd July
, 1981
]
Short title.

1. This Act may be cited as the Sri Lanka Chamber of Small Industry (Incorporation) Act, No. 43 of 1981.

Incorporation of the Sri Lanka Chamber of Small Industry.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Sri Lanka Chamber of Small Industry (hereinafter referred to as ” the Chamber “), or shall hereafter be admitted members of the Corporation hereby constituted, shall be a body corporate, (hereinafter referred to as “the Corporation”) with perpetual succession under the style and name of “The Sri Lanka Chamber of Small Industry”, and by that name shall and may sue and be sued in all courts, with full power and authority to have and use a common seal and alter the same at its pleasure.

General objects of the Corporation.

3. The general objects of the Corporation shall be

(a) to promote, foster and protect the commerce of Sri Lanka by collecting all statistics concerning the sale, purchase or shipment of produce, and manufactured products or prepared products and goods, as between members of the Corporation, and by seeking redress of grievances;

(b) to encourage, extend, disseminate and promote knowledge and exchange of information and ideas in regard to all commercial questions or matters connected therewith, and to provide a central ‘Organization to train, assist and advise its members

(c) to promote, support and develop the science of management including industrial welfare work, staff management and employment administration;

(d) to consider all questions connected with the trade, manufactories and industries of Sri Lanka, to endeavour to promote or make representations relating to legislative and other measures affecting them and to collect and circulate statistics and other information relating thereto;

(e) to appoint surveyors and to provide for surveys of goods and merchandise and for the issue of survey reports, certificates of origin, quality and weight and measurement;

(f) to advise and assist members on labour laws and regulations and to appear and to arrange legal assistance to members in labour disputes coming up before labour tribunals, courts of law, the Department of Labour or before any other Department or forum;

(g) to form a board of arbitration to parties willing to abide by its decisions and to undertake the settlement of disputes and differences arising out of trade, commerce and industry;

(h) to provide facilities for the delivery of lectures, the holding of classes and examinations and the awarding of scholarships and other rewards in connection with management, as well as to issue certificates of merit and to encourage a greater degree of efficiency in those engaged as executives;

(i) to found scholarships to assist persons desiring to train themselves for commercial careers and to accept donations and endowments for any such purpose, and to act as trustees, custodians and managers of any funds subscribed or donated for any such purpose and generally to undertake and to execute any trusts and to undertake the office of trustee;

(j) to provide facilities to employers in trade, commerce and industries for the recruitment and training of employees ;

(k) to compile, print, publish, lend or distribute proceedings and reports of the Corporation or any papers, communications, statistics, text-books, treatises or subjects connected therewith in Sinhala, Tamil or any other language and to form a library of works relating to industry, trade, management and allied subjects;

(l) to establish contact between potential suppliers and potential purchasers of raw materials necessary in the manufacture and trade and seek licences and concessionary rates of import duty for the import of raw materials;

(m) to do market surveys and negotiate through export houses in Sri Lanka and importers in other countries for the export promotion of local industrial and other produce;

(n) to maintain public relations with the Government and other organizations for and on behalf of the members of the Corporation and to organize consumer councils and give publicity to the products of members;

(o) to negotiate with the Government and obtain suitable land for the purpose of growing raw materials;

(p) to subscribe to, become members of, subsidize and co-operate with, any other association, whether incorporated or not, individual, firm or body, whose objects are altogether or in part similar to those of the Corporation and to obtain from and communicate to, any such association, person or body any information, matter, right or thing as may be likely to promote the objects of the Corporation;

(q) to affiliate, collaborate, federate or co-operate with any other organized body or specialized agency, whether local or foreign, having aims and objects similar to the Corporation and to establish branches in different parts of Sri Lanka and to provide for their affiliation to and with the Corporation, or control, superintend, supervise and assist such branches in such manner as the Corporation may from time to time determine and to cancel, close or otherwise end such branches at the discretion of the Corporation; and

(r) to do all such other things as may be necessary for, or conducive or incidental to, the interests or benefits of the small industries of Sri Lanka or to the attainment of the above objects or any of them or generally to the benefit, protection or advancement of the trade, commerce, manufactories and industries of Sri Lanka.

Powers of the Corporation

4.

(1) The Corporation shall have the following powers :-

(a) to solicit and receive subscriptions and gifts of all kinds whether absolute or conditional for the purposes of the Corporation;

(b) to borrow or raise moneys with or without security for the purposes of the Corporation;

(c) to invest the moneys of the Corporation or any moneys entrusted to it in such investments (including mortgages of immovable property) and in such manner as may from time to time be determined by the Corporation;

(d) to acquire by purchase, exchange, gift, testamentary disposition or otherwise, and to sell, mortgage, lease, exchange or otherwise dispose of, any property whatsoever;

(e) to construct, alter and maintain any buildings required for the purposes of the Corporation or for housing the staff of the Corporation;

(f) to appoint and dismiss or terminate the services of all such officers and servants of the Corporation as it may deem necessary and to pay them such salaries, pensions, gratuities and allowances as may from time to time be determined by the Corporation ;

(g) to establish or contribute to any fund or scheme for the grant of allowances, gratuities, pensions, or other benefits to officers or servants, past or present, of the Corporation or to the relatives or dependants of such persons;

(h) to provide from time to time for the management of the affairs of the Corporation outside Sri Lanka in such manner as the Corporation deems fit and in particular to appoint any person or persons to be the attorney or agent of the Corporation for such purpose and upon such terms as may be thought fit ;

(i) to enter into any contract with any person, society or body of persons, whether corporate or unincorporated, or any Government department or local authority for promoting the objects of the Corporation;

(j) to accept and carry out any condition or trust subject to which any property is given to the Corporation for the furtherance of its objects;

(k) to do all things necessary or expedient for the proper and effective carrying out of the objects of the Corporation.

(2) The powers of the Corporation shall at all times! be exercised subject to the provisions of any written law applicable in that behalf.

Council of Management.

5.

(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation, be administered by a Council of Management, consisting of such number of persons to be elected in accordance with the rules in force for the time being of the Corporation.

(2) The first Council of Management of the Corporation shall be the Council of Management of the Chamber holding office at the time of the coming into operation of this Act.

Register of members.

6.

(1) The Council of Management shall cause to be kept a register in which every person who on the date of commencement of this Act is’ a member of the Chamber, and every person thereafter duly admitted a member of the Corporation hereby constituted, shall have his name inscribed.

(2) The register shall contain the following particulars:

(a) the name, address and occupation of each member;

(b) the date on which the name of any person was inscribed in the register as a member; and

(c) the date on which any person ceased to be a member.

Rules of the Corporation.

7.

(1) It shall be lawful for the Corporation, from time to time, at any general meeting and by the votes of not less than two -thirds of the members present and voting, to make rules, not inconsistent with the provisions of this Act, for the admission, withdrawal, retirement or expulsion of members and for the management of the affairs of the Corporation and the accomplishment of its objects. Such rules when made may, at a like meeting and in like manner be altered, added to, amended or rescinded.

(2) The rules of the Chamber in force on the date of commencement of this Act shall be deemed to be the rules of the Corporation made under this section and may be altered, added to, amended, rescinded or replace by rules made under this Act.

(3) The members of the Corporation shall be subject to the rules of the Corporation.

Sums due by and payable to the Chamber to be paid to the Corporation.

8. All debts and liabilities of the Chamber existing at the time of coming into operation of this Act shall be paid and discharged by the Corporation, and all debts due to and subscriptions and contributions payable to the Chamber shall be paid to the Corporation.

Application of income and payable of the Corporation.

9. The income and property of the Corporation shall be applied solely towards the promotion of the objects of the Corporation and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit, to the members of the Corporation:

Provided, however, that the provisions of this section shall not prevent

(a) the payment in good faith of reasonable and proper remuneration to any officer or employee of the Corporation or to any member of the Corporation for any services rendered to the Corporation;

(b) the payment of interest at a rate not exceeding the prevailing bank rate per annum on money lent, or reasonable and proper rent for premises let, to the Corporation by any member of the Corporation or by any company of which a member of the Corporation is a member holding shares not exceeding one-hundredth part of the capital of the company;

(c) the repayment of expenses incurred by any member, officer or employee of the Corporation in the performance of his functions or duties or in promoting the objects of the Corporation.

Limit of liability of members.

10. The liability of each member of the Corporation shall be limited to the transactions of the Corporation which shall have occurred during the period of his membership, and to the sum of two hundred and fifty rupees over and above such annual subscription or subscriptions as may be due from such member to the Corporation:

Provided, however, that such limitation of liability shall be exclusive of any contribution that such member may be called upon to make under the rules of the Corporation to meet any deficit in the annual expenses of the Corporation.

How the seal of the Corporation is to be affixed.

11. The seal of the Corporation shall not be affixed to any instrument whatsoever except by the authority of a resolution of the Council of Management and except in the presence of two of the members of the Council of Management, one of whom shall be the President, who shall sign their names to the instrument in token of their presence, and such signing shall be independent of the signing of any person as a witness.

Savings or the rights of the Republic and others.

12. Nothing in this Act contained shall prejudice or affect the rights of the Republic, or of any body politic or corporate, or of any other persons, except such as are mentioned in this Act and others claiming by, from, or under them,