INDUSTRIAL PROMOTION ACT

Arrangement of Sections

1. Short title.

PART I

REGISTRATION OF INDUSTRIAL UNDERTAKINGS

2. Registration of Industrial undertakings.

3. Application for registration of industrial undertakings.

4. Certificate of registration.

5. High court may make order compelling registration.

6. Evidence.

PART II

THE INDUSTRIALIsATION COMMISSION

7. The Industrialisation Commission.

8. Constitution of the Commission.

9. Secretary to the Commission.

10. Functions and powers of the commission.

11. Committees.

12. Annual Report.

PART III

THE ADVISORY COUNCIL FOR INDUSTRY

13. Advisory Council for Industry.

14. Functions of the Council.

15. Powers of the Council.

PART IV

REGIONAL INDUSTRY SERVICE COMMITTEES

16. Regional Industry Service Committees.

17. Functions of the Regional Industry Service Committee.

18. Composition of the Regional Industry Service Committee.

19. Establishment of industrial estates, industrial parks and science parks.

20. Order of demolition.

21. Industrial Area.

22. Commission to approve erection of industries buildings in certain areas.

23. Fair Trading Commission to maintain price levels for industrial products.

24. Exemption under the Import and Export (Control) Act.

PART V

GENERAL

25. Industries declared to be expedient in the expenditure in the public interest.

26. Licensing of industries specified in second Schedule.

27. Appointment of officers and servants.

28. Declaration of secrecy.

29. Offences.

30. Power of Minister to give directions.

31. President to give directions.

32. Replacement of sections 18 to 26 of the Fair Trading Commission to 26 of the act No. 1 of 1987.

33. Protection of action.

34. Regulations.

35. Sinhala text to prevail in case of inconsistency.

SCHEDULES

46 of 1990.

AN ACT to establish an Industrialisation Commission, to set up an Advisory Council of Industry, to set up Regional Industry Service Committees, with a view to providing incentives, infrastructures and the creation of a suitable environment, for the Promotion and Development of Industries in general and export industries in particular; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 6th December, 1990]

1. Short title.

This Act may be cited as the Industrial Promotion Act.

PART I

Registration of Industrial Undertakings

2. Registration of Industrial undertakings.

(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.

3. Application for registration of industrial undertakings.

(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—

(a) the name and address of the owners of the industrial undertaking;

(b) the site or location at which the industrial undertaking is being carried on;

(c) the industrial products manufactured at such industrial undertaking;

(d) the number of employees employed in such industrial undertaking; and

(e) the specifications of the land, building and structures utilised for the purpose of such industrial undertaking.

(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.

4. Certificate of registration.

(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.

5. High court may make order compelling registration.

(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.

6. Evidence.

A certificate under the hand of the Registrar to the effect that an industrial undertaking is being carried on at the site or location specified in such certificate and that such site or location has not been registered under this Part of this Act shall be admissible in evidence in any proceedings instituted under section 5 and shall be prima facie evidence of the facts stated therein.

PART II

The Industrialisation Commission

7. The Industrialisation Commission.

There shall be established a Commission to be called the Industrialisation Commission (hereinafter referred to as "the Commission”).

8. Constitution of the Commission.

(1) The Commission shall consist of—

(a) the Secretary to the Ministry of the Minister;

(b) the Secretary to the Ministry of the Minister in charge of the subject of Finance;

(c) the Secretary to the Ministry of the Minister in charge of the subject of Policy Planning and Implementation;

(d) the Secretary to the Ministry of the Minister in charge of the subject of Trade and Commerce;

(e) the Secretary to the Ministry of the Minister in charge of the subject of Textile Industries;

(f) the Secretary to the Ministry of the Minister in charge of the subject of Small Industries;

(g) the Secretary to the Ministry of the Minister in charge of the subject of Agriculture and Dairy Development;

(h) the Governor of the Central Bank of Sri Lanka;

(i) the Director-General of the Greater Colombo Economic Commission, established by the Greater Colombo Economic Commission Law, No. 4 of 1978;

(j) the Chairman of the Export Development Board, established by the Export Development Board Act, No. 40 of 1979; and

(k) not less than five and not more than seven persons appointed by the President in consultation with the Minister, from among persons who appear to the Minister to have wide experience and have shown capacity in the field of industry.

(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.

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