CHAPTER 408
SELF-MANAGEMENT ENTERPRISES

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
SELF-MANAGEMENT ENTERPRISES

   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

PART III
ADMINISTRATION

   18.   Management Committee

   19.   Composition of Committee and tenure of office

   20.   Meetings of committee

   21.   Sub-committees

   22.   Managing Director

   23.   Duty of Managing Director

   24.   Secretary

   25.   Employees

PART IV
FINANCE

   26.   Assets and liabilities

   27.   Funds from Government

   28.   Guarantee

   29.   Consolidated Fund and trust

   30.   Accounts and Audit

PART V
GENERAL

   31.   Name

   32.   Dissolution

   33.   Exclusion of certain laws

   34.   Special Powers of the President

AN ACT

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.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Self-Management Enterprises Act.

2. Interpretation

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.

PART II
SELF-MANAGEMENT ENTERPRISES

3. Declaration of self-management enterprise

   (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.