Sri Lanka Consolidated Acts

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Local Authorities (Commercial and industrial enterprises) Act (No. 13 of 1983) - Sect 5

Insertion of new section 36A and in chapter 255

5. The following new section is hereby inserted immediately after section 36 of the Urban Councils Ordinance, shall have effect as section 36A of that Ordinance:"
36A.
(1) "The Minister may approve any commercial or industrial enterprise under paragraph (ii) of section 36 having regard
(a) the economic viability of such enterprise;
(b) the benefits that may accrue to any Urban Council and the public by the operation of such enterprise ;
(c) the financial position of the Urban Council engaging in such enterprise.
(2) No sums of money appropriated to an Urban Council by Parliament under paragraph (h) of subsection (2) of section 158 and no grants allocated to an Urban Council to the Minister under paragraph (c) of subsection (2) of section 158 shall be utilized by such Council for the purposes of establishing or maintaining any commercial or industrial enterprise.
(3) Where the Minister is of opinion that the continued operation of any commercial or industrial enterprise of any Urban Council would be prejudicial to the interests of such Council by reason of mismanagement or that it is likely to involve financial loss to the Council, he may, after consultation with the Council, by Order published in the Gazette terminate the operation of such enterprise and direct the Council to take charge of all books, records and assets of the enterprise and to take such measures that may be necessary to give effect to such Order.
(4) The Minister or the Commissioner may, from time to time, give any Urban Council engaged in any commercial or industrial enterprise general or special directions as to the carrying on or transaction of its business and such directions shall be carried out by the Council.
(5) The Minister or the Commissioner may, from time to time, direct the Council in writing to furnish him in such form as returns, accounts and other with respect to the business of such enterprise, and the Council shall, carry out every such direction."


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