| 22F. (1) The commission shall have its
own Fund.
(2) There shall be paid into the Fund-
(a) all such sums of money as may be voted upon from time to time by
Parliament for the use of the Commission;(b) all sums of money as
may be paid as fees under sections 17, 21 and 22 of this
Act;
(c) the proceeds of cess imposed under section 22G; and (d) all such sums of money as may be received by the Commission by way of
donations, gifts or grants from any source whatsoever, whether in or outside Sri Lanka.
(3) There shall be paid out of the Fund of the Commission all such sums
of money as may be required to defray any expenditure incurred by the Commission in the
exercise and performance of its powers and duties. |
Fund of the Commission. |
| 22G. (1) There shall be charged, levied
and paid a cess, at such rates as may be determined by the Minister from time to time with
the concurrence of the Minister in charge of the subject of Finance, by Order published in
the Gazette, on the annual turnover of the operator.
(2)
The amount of cess imposed under this section may be varied or rescinded by a like Order.
(3) Every Order made by the Minister under this section shall come into
force on the date of its publication in the Gazette or on such later date as may be
specified therein, and shall be brought before Parliament for approval within four months
of the date of its publication. Any such Order which is not so approved shall be deemed to
be revoked from the date of its disapproval, but without prejudice to the validity of
anything previously done thereunder.
(4) The cess imposed under this section shall be in addition to any
other tax or cess levied under any other written law. |
Levy of cess on annual turnover. |
| 22H. The financial year of the
Commission shall be the calender year. |
Financial year. |
| 22J. (1) The Commission shall cause
proper books of accounts to be kept of the income and expenditure, assets and liabilities
and all other transactions of the Commission. (2) The provisions
of Article 154 of the Constitution relating to the audit of the accounts of public
corporations shall apply to the audit of the accounts of the Commission. |
Audit of Accounts. |
PART III
TRANSFER OF PROPERTY, RIGHTS AND LIABILITIES OF THE
DEPARTMENT OF TELECOMMUNICATIONS |
|
| 23. (1) On such day as the Minister by
Order published in the Gazette appoint (in this Act referred to as the
"transfer date") all the property rights and liabilities (other than those
excluded by the agreement referred to in subsection (2) to which the Department of
Telecommunication was entitled or subject immediately before the transfer date shall vest
in the Corporation named "Sri Lanka Telecom" (hereinafter referred to as
"the Corporation") established by an incorporation Order made under section 2 of
the State Industrial Corporations Act, No. 49 of 1957 and published in Gazette No.
596/11 of February 6, 1990. (2) At any time before the transfer
date the Minister and the Corporation may agree in writing as to the property rights and
liabilities which shall remain with the Department of Telecommunications after that date. |
Vesting of property of Telecommunications
Department in the Corporation named Sri Lanka Telecom. |
| 24. Except as otherwise excluded by the
agreement referred to in subsection (2) of section 23, with effect from the transfer date-
(a) all contracts, leases or tenancy agreements entered into by, with or
for the Department of Telecommunications and subsisting on the day immediately preceding
the transfer date shall be deemed with effect from that date to be contracts, leases or
tenancy agreements entered into by, with or for the Corporation; (b)
all interests, rights, easements, obligations, debts and liabilities of the Department of
Telecommunications subsisting on the day immediately preceding the transfer date shall
with effect from that date be deemed to be the interests, rights, eosements obligations,
debts and liabilities of the Corporation;
(c) all installations, plant and equipment and other property installed
and maintained or are in the process of being installed and maintained by the Department
of Telecommunications and all matters and things of whatever description required or used
to maintain or supply the telecommunication service of the Department of
Telecommunications subsisting on the day immediately preceding the transfer date shall be
transferred to and be vested in the Corporation with effect from that date;
(d) the Corporation shall have the right to recover or receive any
moneys that on the day immediately before the transfer date were due and owing to the
government in respect of, or for or on account of the telecommunication system transferred
under this Act to the Corporation or that would after the transfer date have become due to
the Government if such transfer had not taken place.
|
Transfer and vesting of contracts, rights
&c. |
| 25. Notwithstanding anything in any
other written law to the contrary, the vesting of any immovable property or any interest
therein by virtue of section 23 shall be deemed for all purposes to give absolute title to
the Corporation to all such immovable property or any interest therein without further
proof or any requirement for registration. |
Transfer to give absolute title to the
Corporation of immovable property. |
| 26. The transfer to the Corporation of
all the property, rights and liabilities of the Department of Telecommunications other
than those excluded by the agreement referred to in subsection (2) of section 23 shall not
in any way be deemed to affect prejudicially the rights of a third party to any contract
or agreement subsisting between such third party and the Department of Telecommunications
on the day immediately preceding the transfer date and every such contract or agreement
shall be valid and enforceable for, or against the Corporation after the transfer date as
though every reference in every such contract or agreement to the Department of
Telecommunications were a reference to the Corporation. |
Third party rights not to be prejudiced. |
| 27. Repealed by section 24 of Act No.
27 of 1996. |
|
