As enacted

Contents

14. Amendment of section 18 of the principal enactment

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

Section 18 of the principal enactment is hereby amended as follows: -

(1)

in subsection (2) of that section -

(a)

in paragraph (b), by the substitution for the words “not later than two years”, of the words “not later than one year”;

(b)

in paragraph (c) –

(i)

by the substitution for the words

“in items (a), (f) and (h)(ii) of

Schedule I”, of the words and figures “in items (a), (e), (f), (g)

and (h)(ii) of Schedule I”;

(ii)

by the substitution for all the words from “in terms of paragraph (b):” to the end of that subsection, of the words “in terms of paragraph (b).”; and

(2)

in subsection (3) of that section -

(a)

by the repeal of paragraph (b) of that subsection and the substitution therefor of the following paragraph: -

“(b)

specify the proportions in which the existing financial liabilities of the Ceylon Electricity Board, including the supplier liabilities shall be allocated amongst the successor companies;”;

(b)

in sub-paragraph (ii) of paragraph (e) of that subsection, by the substitution for the

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words “Provident Fund obligations”, of the words “Provident Fund and Pension

Fund obligations”;

(c)

in paragraph (f) of that subsection, by the substitution for the words “within four months of this section comes into operation;”, wherever such words appear in that paragraph, of the words “within fourteen months of this section comes into operation;”;

(d)

in paragraph (g) of that subsection, by the substitution for the word and figures

“section 17.”, of the word and figures

“section 17;”;

(e)

by the insertion immediately after paragraph (g) of that subsection, of the following new paragraphs: -

“(h) ensure that all officers and servants of the Generation Company referred to in item (a) of Schedule I (in this paragraph referred to as “Generation

Company”) holding office in the

Generation Company on the day preceding one year from the date of publishing the final transfer plan in the Gazette shall be-

(i)

duly identified by the

Generation Company;

(ii)

notified by the Generation

Company of their proposed assignation to the respective successor companies

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referred to in item (i)(i)

of Schedule I within four months from the date of publishing the final transfer plan in the Gazette; and

(iii)

required to notify the

Generation Company within two months of the receipt of the notice referred to in sub-paragraph (ii), whether they opt to be assigned to such respective successor companies referred to in item (i)(i) of Schedule I or not, and shall with effect from the date succeeding one year from the date of publishing the final transfer plan in the Gazette shall be assigned to such successor companies referred to in item (i)(i) of Schedule I under the final transfer plan on terms and conditions not less favourable than those enjoyed by them on the day preceding the appointed date under the contract of employment with the

Ceylon Electricity Board. Where an employee does not opt to be assigned to a successor company referred to in item (i)(i) of Schedule I under the final transfer plan, such employee shall be entitled to a voluntary retirement scheme and the terms and conditions of such scheme shall be prescribed within four months from the date of publishing the final transfer plan in the Gazette; and

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(i)

ensure that all officers and servants of the

Distribution

Company referred to in item (g) of Schedule

I (in this paragraph referred to as

“Distribution Company”) holding office in the Distribution Company on the day preceding one year from the date of publishing the final transfer plan in the Gazette shall be-

(i)

duly identified by the

Distribution Company;

(ii)

notified by the Distribution

Company of their proposed assignation to the respective successor companies referred to in item (i)(ii)

of Schedule I within four months from the date of publishing the final transfer plan in the Gazette; and

(iii)

required to notify the

Distribution

Company within two months of the receipt of the notice referred to in sub-paragraph (ii), whether they opt to be assigned to such respective successor companies referred to in item (i)(ii) of

Schedule I or not, and shall with effect from the date succeeding one year from the date of publishing the final transfer plan in the Gazette shall be assigned to

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such successor companies referred to in item (i)(ii) of Schedule I under the final transfer plan on terms and conditions not less favourable than those enjoyed by them on the day preceding the appointed date under the contract of employment with the Ceylon Electricity Board.

Where an employee does not opt to be assigned to a successor company referred to in item (i)(ii) of Schedule

I under the final transfer plan, such employee shall be entitled to a voluntary retirement scheme and the terms and conditions of such scheme shall be prescribed within four months from the date of publishing the final transfer plan in the Gazette.”.

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