NATIONAL FILM CORPORATION OF SRI LANKA Act

Arrangement of Sections

1. Short title.

PART I

Constitution, Powers and Duties of the National Film Corporation of Sri Lanka

2. Establishment of the National Film Corporation of Sri Lanka.

3. Members of the Corporation.

4. General objects of the Corporation.

5. Powers of the Corporation.

6. Corporation to exercise its power under the directions of the Minister.

7. Board of Directors of the Corporation.

8. Term of office of Directors.

9. Power of Minister to remove from office a Director.

10. Resignation of Directors.

11. Eligibility for reappointment as Directors.

12. Acts or proceedings of the corporation deemed not to be invalid by reason of any vacancy or defect in the appointment of a Director.

13. Remuneration of Directors.

14. Directors to disclose interest in contract proposed to be made by the Corporation.

15. Meetings of the Corporation.

16. Chairman of any meeting of the Board to, have a casting vote.

17. Board of Directors to administer the affairs of the Corporation.

18. Delegation of powers and duties of Board of Directors.

19. Chairman of Board of Directors.

20. Seal of the Corporation.

PART II

Employees of the Corporation

21. Appointment of officers and servants.

22. Powers of the Corporation in regard to the staff of the Corporation.

23. Officers and servants of the corporation deemed to be public servants.

24. The Corporation deemed to be a scheduled institution within the meaning of the Bribery Act.

PART III

Finance

25. Capital of the Corporation.

26. Borrowing powers.

27. Investment of the funds of the corporation.

28. Application of the revenue of the corporation.

29. Appropriation of net surplus revenue of the Corporation.

30. Accounts and audit of accounts.

31. Powers of the Auditor-General.

32. Report of the Board of Directors and copies of the auditor's report, the Auditor-General's comments and supplement and the statement of accounts and statistics to be sent to the Minister and laid before Parliament.

33. Programme of work to be undertaken by the Corporation during a financial year to be transmitted to the Minister for his approval.

PART IV

Acquisition, Requisition and use of Property for or by the Corporation

34. Acquisition of immovable property under the Land Acquisition Act.

35. Notice of claim or disclaimer in respect of property required for purposes of the Corporation.

36. Report on condition of any notified property.

37. Compulsory transfer to the Corporation of certain property.

38. Requisitioning of notified property for the purpose of the Corporation.

39. Compulsory acquisition of requisitioned property.

40. Revocation of vesting Orders.

41. Taking possession of property vested in or requisitioned for the Corporation.

42. Prevention of or obstruction to taking possession of property for and on behalf of the Corporation.

43. Grants or leases of immovable property to the Corporation under the State Lands Ordinance.

44. Power to require information and to inspect,

45. Power of Corporation to make use of equipment and facilities of other persons.

PART V

Compensation

46. Compensation in respect of property vested in the Corporation.

47. Compensation in respect of property requisitioned for the Corporation.

48. No compensation for damage or loss incurred by reason of the fact that the exclusive right to engage in or carry on any business is vested in the Corporation.

49. Interest on compensation.

50. Date of commencement of accruement of compensation.

51. Mode of payment of compensation.

52. Determination of compensation.

53. Payment of compensation.

54. Provision for cases where compensation is not accepted.

55. Deduction from compensation.

56. Appeal from determination of compensation.

PART VI

General

57. Prohibition of the importation or distribution of films by any person other than the Corporation.

58. Provisions relating to contracts or agreements for the importation or distribution of films existing on the relevant date.

59. Special provisions relating to employees of persons who were carrying on business as importer and seller of films.

60. Power of Corporation to make rules.

61. Regulations.

62. Offences.

63. Offences by bodies of persons.

63A. Protection for action taken under this Act or on the direction of the Board of Directors.

63B. No writ to issue against person or property of a member of the Corporation.

64. This Act to prevail over other written law.

65. Interpretation.

47 of 1971,

45 of 1980.

AN ACT to provide for the establishment of a National Film Corporation in Sri Lanka.

[Date of Commencement: 21st January, 1972]

1. Short title.

This Act may be cited as the National Film Corporation of Sri Lanka Act.

PART I

Constitution, Powers and Duties of the National Film Corporation of Sri Lanka

2. Establishment of the National Film Corporation of Sri Lanka.

(1) There shall be established a corporation which shall be called the National Corporation of Sri Lanka (hereinafter referred to as "the Corporation”), and which shall consist of the persons who are for the time being members of the Corporation under section 3.

(2) The Corporation shall by the name assigned to it by subsection (1) be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in its corporate name.

3. Members of the Corporation.

The members of the Board of Directors shall be the members of the Corporation.

4. General Objects of the Corporation.

The General Objects Corporation shall be—

(a) to import films, photographic equipment and material or accessories necessary for the production or exhibition of films;

(b) to export films, including the purchase and stocking of such films for the purpose of such exportation;

(c) to distribute and supply films, photographic equipment and material or accessories for the production or exhibition of films;

(d) to establish, install and operate studios and cinemas and to provide facilities for the production of films in Sri Lanka;

(dd) to ensure the provision by cinemas and studios of adequate services and facilities necessary for the convenience and safety of patrons of, and workers in, cinemas and studios;

[S 4(dd) ins by s 3 of Act 45 of 1980.]

(e) to engage in and to assist financially or otherwise in the production of films in Sri Lanka;

(f) to promote, encourage and develop the film industry and maintain high standards in regard to films produced in Sri Lanka, by—

(i) awarding prizes and distinctions of recognition to producers of films of outstanding merit,

(ii) sponsoring and holding conferences and seminars,

(iii) holding or participating in film festivals, and

(iv) publishing film journals and magazines;

(g) to promote and expand the demand for and trade in films produced in Sri Lanka both within and outside Sri Lanka;

(h) to conduct market research on films in Sri Lanka and outside Sri Lanka;

(i) to foster co-operation and co-ordination among persons connected with or engaged in the film industry in and outside Sri Lanka;

(j) to advise the Minister on matters connected with the film industry.

5. Powers of the Corporation.

The Corporation shall have such powers, rights and functions as may reasonably be necessary to carry out its objects and in particular may—

(a) acquire in any manner whatsoever and hold and take or give on lease or hire, mortgage, pledge, sell or otherwise dispose of, any movable or immovable property;

(b) acquire, establish, install and operate studios and cinemas;

(bb) to control, supervise and inspect cinemas and studios or institutions engaged in the film industry;

[S 5 (bb) ins by s 4 of Act 45 of 1980.]

(bbb) to control the establishment and installation of cinemas;

[S 5 (bbb) ins by s 4 of Act 45 of 1980.]

(c) acquire by purchase or otherwise any rights or privileges considered necessary for the purpose of the business of the Corporation;

(d) exercise the exclusive right to import, sell, hire, supply and distribute films, equipment and raw material necessary for the production and exhibition of films;

(e) export films produced in Sri Lanka;

(f) engage in the production of films either alone or in collaboration with any other organisation or person;

(g) register, inspect, control and regulate contracts and agreements relating to the production of films in Sri Lanka;

(h) appoint, employ, remunerate and have disciplinary control over its officers, servants and agents;

(i) establish and maintain provident funds, and provide welfare and recreational facilities for its employees;

(j) make rules in respect of the administration of the affairs of the Corporation;

(k) delegate to any Director, officer or agent of the Corporation any such function as may be considered necessary for the efficient transaction of its business;

(l) levy fees or charges for services, facilities or equipment provided by the Corporation;

(m) establish, maintain and operate training institutions for technicians, artistes or other personnel engaged in or connected with the film industry for the purpose of advancing the skill of such persons;

(n) provide credit facilities production of films; and

(o) adopt all such measures as may be considered necessary for, conducive or incidental to the attainment of the objects of the Corporation.

6. Corporation to exercise its power under the directions of the Minister.

In the exercise of its powers and the carrying out of its objects under this Act, the Corporation shall comply with the general policy of the Government with respect to the film industry and with any general or special directions issued by the Minister in relation to such policy.

7. Board of Directors of the Corporation.

(1) The Corporation shall have a Board of Directors consisting of—

(a) three ex-officio members, namely—

(i) the Director of Information,

(ii) the Director of Cultural Affairs,

(iii) the Director-General of Broadcasting; and

(b) six members appointed by the Minister of whom—

(i) two shall represent the Universities and shall be appointed in consultation with the Minister in charge of the subject or function of Higher Education, and

(ii) two at least shall be from persons who appear to the Minister to have had experience in matters relating to the film industry.

(2) A person shall be disqualified for being appointed, or for continuing, as a Director—

(a) if he is a Member of Parliament; or

(b) if he, directly or indirectly, by himself or by any person on his behalf or for his use or benefit, holds or enjoys any right or benefit under any contract made by or on behalf of the Corporation; or

(c) if he has any such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a Director.

(3) —

(a) Where a Director appointed under paragraph (b) of subsection (1) dies or resigns or is removed from office, the Minister may, having regard to the provisions of that paragraph of that subsection, appoint any other person to be a Director in place of the Director who dies, resigns or is removed from office.

(b) Any Director appointed under paragraph (a) of this subsection, unless he earlier resigns or vacates his office by death or removal, shall hold office for the unexpired part of the term of office of the Director whom he succeeds.

(4) Where a Director appointed under paragraph (b) of subsection (1) is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may, having regard to the provisions of that paragraph, appoint any person to act in his place.

8. Term of office of Directors.

(1) Every Director appointed under paragraph (b) of subsection (1) of section 7 shall, unless he vacates office earlier by death, resignation or removal, hold office for a period of three years.

(2) Every ex-officio Director shall hold office as long as he holds the post by virtue of which he was appointed as a Director.

9. Power of Minister to remove from office a Director.

(1) The Minister may, if he considers it expedient to do so, remove, by Order published in the Gazette, any Director appointed under paragraph (b) of subsection (1) of section 7 without reasons stated.

(2) A Director in respect of whom an Order under subsection (1) is made by the Minister shall vacate his office on the date of the publication of such Order in the Gazette.

(3) The removal of any Director under subsection (1) shall not be called in question in any court.

10. Resignation of Directors.

A Director, other than an ex-officio Director, may at any time resign his office by letter addressed to the Minister.

11. Eligibility for reappointment as Directors.

Any Director who vacates his office, other than a Director who is removed from office under section 9, shall be eligible for reappointment.

12. Acts or proceedings of the corporation deemed not to be invalid by reason of any vacancy or defect in the appointment of a Director.

No act or proceeding of the Corporation shall be deemed to be invalid by reason only of the existence of any vacancy among its Directors or defect in the appointment of any Director thereof.

13. Remuneration of Directors.

All or any of the Directors may be paid such remuneration out of the funds of the Corporation, as may be determined by the Minister with the concurrence of the Minister in charge of the subject of Finance.

14. Directors to disclose interest in contract proposed to be made by the corporation.

A Director who is directly or indirectly interested in a contract proposed to be made by the Corporation shall disclose the nature of his interest in such contract at a meeting of the Directors of the Corporation and shall not take part in any deliberation or decision of the Directors with respect to such contract.

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