Arrangement of Sections
1. Short title
3. Declaration of self-management enterprise
4. Seal of self-management enterprise
5. Employees’ Conference and composition
6. Meetings of Conference
7. Functions of Conference
8. Employees’ Board of Directors
9. Employees’ Board of Directors
10. Composition of Board, qualification of members and tenure of office
11. Meetings of Board
12. Functions of Board
13. Advisory Council
14. Tenure of office
15. Remuneration of member of Advisory Council
16. Functions of Advisory Council
17. Immunity of member of Advisory Council
18. Management Committee
19. Composition of Committee and tenure of office
20. Meetings of committee
22. Managing Director
23. Duty of Managing Director
26. Assets and liabilities
27. Funds from Government
29. Consolidated Fund and trust
30. Accounts and Audit
33. Exclusion of certain laws
34. Special Powers of the President
to empower the President to declare any State enterprise to be a self-management enterprise; to define the functions and the powers of self-management enterprises; to provide for the management and administration of self-management enterprises; to provide for the exemption of any State enterprise or self-management enterprise from the provisions of any written law; and to provide for matters connected with or incidental to the foregoing.
[1st March, 1989]
Act 33 of 1988.
This Act may be cited as the Self-Management Enterprises Act.
In this Act, unless the context otherwise requires—
“Advisory Council” means the Advisory Council of a self-management enterprise constituted under section 13;
“Board” means the Employees’ Board of Directors of a self-management enterprise elected and approved under section 9;
“Committee” means the Management Committee established under section 18;
“Conference” means the Employees’ Conference of a self-management enterprise established under section 5.
“employee” means an employee of a self-management enterprise other than an employee specifically engaged on a temporary basis for work of an intermittent or seasonal nature and shall include staff of a sub-committee;
“local community representative” means any person in the Province who is not an employee of a self-management enterprise but is elected to sit on the Board on account of his business experience;
“Managing Director” means the person elected Managing Director under section 22;
“Secretary” means the person appointed Secretary under section 24;
“self-management enterprise” means any State enterprise declared by the President to be a self- management enterprise under section 3;
“Standing Committee” means a Standing Committee of the Conference established under section 8;
“State enterprise” means a company, corporation, parastatal body or statutory board, which is wholly-owned by the State or any Government department that engages in commercial activities.
(1) Notwithstanding any law to the contrary, the President may, by statutory instrument, declare any State enterprise to be a self-management enterprise.
(2) A self-management enterprise shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.
(3) The President may by statutory instrument exempt any State enterprise, which has been declared a self-management enterprise under sub-section (1), from the provisions of any written law:
Provided that any instrument made under this sub-section shall not affect any vested legal rights.
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